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28 November 2022
Fayette County Man Sentenced for Wire Fraud Related to COVID-19 ReliefRead the Press Release
LEXINGTON, Ky. – A Lexington man, Shaan Ti Diyali, 37, was sentenced on Monday to six months in federal prison, by U.S. District Judge Karen Caldwell, for wire fraud.
Evidence presented at trial established that Diyali’s personal information was used to apply for an Economic Injury Disaster Loan (EIDL) for an insurance business via an online portal. Diyali received an EIDL of $49,000. Once he received the funds, Diyali placed the funds in Robinhood, a stock exchange. Ultimately, Diyali lost all of the money he received from the EIDL. The evidence further established that the insurance business never conducted any business and never made income, rendering the income that was stated in the EIDL application false.
Diyali testified that he had no intent to defraud the United States, that a friend, whom he trusted, told him that the money was “free money,” and that his friend used Diyali’s personal information to apply for the loan. However, Diyali also admitted that he actually received the funds into his personal bank account and placed the funds into his Robinhood account.
Diyali was convicted in August 2022.
Under federal law, Diyali must serve 85 percent of his prison sentence. He will also be under the supervision of the U.S. Probation Office for two years after his release from prison. Diyali is also required to pay restitution to the United States.
Carlton S. Shier IV, United States Attorney for the Eastern District of Kentucky; and Jodi Cohen, Special Agent in Charge, FBI Louisville Field Office; and Daniel Cameron, Kentucky Attorney General, jointly announced the sentences.
The investigation was conducted by the FBI, the Kentucky Attorney General’s Office, and the United States Small Business Administration. The United States was represented by Assistant U.S. Attorneys Ken Taylor and Andrea Mattingly Williams.
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Ex-Naval petty officer sentenced to federal prison for distributing child pornographyRead the Press Release
BRUNSWICK, GA: A former U.S. Navy petty officer stationed at Submarine Base Kings Bay was sentenced to federal prison after admitting he distributed images of child sexual exploitation.
Anthony Gabriel Ortiz, 23, of Kings Bay, Ga., was sentenced to 74 months in prison after pleading guilty to Distribution of Child Pornography, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Lisa Godbey Wood also ordered Ortiz to pay restitution of $19,000, to register as a sex offender, and to serve 15 years of supervised release after completion of his prison sentence.
There is no parole in the federal system.
“Distributing child pornography shares the pain of victimization endlessly for innocent children who have been exploited,” said U.S. Attorney Estes. “Anthony Ortiz is being held accountable for perpetuating the harm to these vulnerable victims.”
As described in court documents and testimony, Ortiz was in the U.S. Navy assigned to the Naval Nuclear Power Training Command, Naval Weapons Station in Charleston, S.C., when investigators with the Royal Canadian Mounted Police (RCMP) in early 2019 found online images of child pornography shared via a messaging application. RCMP alerted the Homeland Security Investigations (HSI) Cyber Crimes Center, and HSI contacted the Naval Criminal Investigative Service (NCIS).
Ortiz, a petty officer third class, transferred in April 2019 to Submarine Base Kings Bay in Kingsland, Ga., where he later was interviewed by HSI and NCIS investigators. He was taken into custody after admitting to possessing and distributing child pornography over the internet, and investigators found hundreds of images and videos of child sexual exploitation on electronic devices in his possession.
“Mr. Ortiz deserves to be held fully accountable for his reprehensible actions to possess and distribute child pornography,” said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office. “NCIS exists to protect our Department of the Navy warfighters and their families from harm. We sincerely thank our partners at Homeland Security Investigations and the Department of Justice for their continued efforts to combat child sexual exploitation in communities where our DON families live and work.”
“Those who create, view and distribute images of child exploitation create an enduring cycle of trauma and victimization, which is why these crimes are so detrimental,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Catching and prosecuting the predators that traffic in these disturbing images takes a team effort and we are very thankful for the great relationships we have with our law enforcement partners.”
This investigation took place under the umbrella of the U.S. Department of Justice’s Project Safe Childhood, and was investigated by Homeland Security Investigations and the Naval Criminal Investigative Service. The case was prosecuted for the United States by Assistant U.S. Attorneys Jennifer Kirkland and Project Safe Childhood Coordinator Tara M. Lyons.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Essex County Felon Sentenced to 93 Months in Prison for Possessing Two Firearms, Drug Trafficking, and Possession of Firearm in Furtherance of Drug TraffickingRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was sentenced today to 93 months in prison on weapons and drug charges, U.S. Attorney Philip R. Sellinger announced.
Teriek Edwards, 44, of Newark, was previously convicted on two counts of possession of firearms and ammunition by a convicted felon; one count of possession with intent to distribute heroin, cocaine, and oxycodone; and one count of possession of a firearm in furtherance of his possession with intent to distribute heroin, cocaine, and oxycodone, following a six-day trial before U.S. District Judge John Michael Vazquez, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence at trial:
On May 25, 2018, members of the East Orange Police Department attempted to stop Edwards as part of an ongoing investigation. Upon being approached by law enforcement officers, Edwards fled, and a struggle ensued. Edwards was arrested and law enforcement officers recovered heroin, cocaine, oxycodone, and other illegal narcotics from his pants pockets, as well as a 9mm firearm loaded with 12 rounds of ammunition. A federal complaint was filed against Edwards and a federal arrest warrant was issued.
On Aug. 22, 2018, the U.S. Marshals Service Fugitive Task Force arrested Edwards on that federal arrest warrant, at which time they recovered a second handgun – a 9mm firearm loaded with eight rounds of ammunition.
In addition to the prison term, Judge Vazquez sentenced Edwards to three years of supervised release.
U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Bryan Miller; members of East Orange Police Department, under the direction of Chief Phyllis Bindi; members of the Newark Police Department, under the direction of Director Fritz Fragé; deputy marshals and task force officers with the U.S. Marshals Service in the District of New Jersey, under the direction of U.S. Marshal Juan Mattos Jr.; and special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, with the investigation leading to today’s conviction.
The government is represented by Assistant U.S. Attorneys Tracey Agnew and Samantha C. Fasanello of the U.S. Attorney’s Office Criminal Division.
Doctor Pleads Guilty to Using Misbranded and Adulterated Products Sold as Botox and JuvedermRead the Press Release
A San Francisco-area doctor pleaded guilty on Nov. 22 in connection with the use of unapproved products she sold as genuine Botox and Juvederm.
Dr. Lindsay Clark, 45, pleaded guilty to one misdemeanor count of violating the Federal Food, Drug, and Cosmetic Act (FDCA) by receiving and delivering misbranded drugs and misbranded and adulterated devices. Her medical practice, Lindsay Clark, M.D., Medical Corporation, also pleaded guilty to one felony count of receiving and delivering misbranded drugs and misbranded and adulterated devices.
Clark specialized in procedures using injectable drugs and devices for cosmetic purposes. In pleading guilty, Clark admitted that, from 2016 through 2020, she obtained and used with patients prescription drugs and devices that were not the subject of Food and Drug Administration (FDA) licenses or approvals, and that she took steps to conceal this conduct from patients, the FDA, and the authorized corporate distributor of the products. Clark further admitted that she and her practice obtained these products from sources outside of the United States. Specifically, the defendants purchased unapproved and unlicensed injectable botulinum toxin drugs and hyaluronic acid filler devices from online “pharmacies” outside the United States. Clark admitted that she then sold these products to patients, falsely representing the products to be the more expensive, FDA-approved products Botox and Juvederm. Clark’s practice received more than $1,069,880 in connection with the sale and use of misbranded and adulterated products.
“Consumers must have confidence that the prescription drugs and devices they use are authentic and safe,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The Department of Justice will continue to work with its law enforcement partners to investigate and prosecute doctors who mislead patients for their own profit.”
“Health care professionals who dispense and administer misbranded and adulterated prescription drugs and devices of unknown origin put the health of their patients at significant risk,” said Acting Special Agent in Charge Robert M. Iwanicki of the FDA Office of Criminal Investigations Los Angeles Field Office. “We will continue to pursue and bring to justice those who choose to subvert the safeguards of the legitimate drug and device regulatory regime and supply chain and jeopardize the public health.”
Clark and Lindsay Clark, M.D., Medical Corporation pleaded guilty before District Judge Susan Illston in San Francisco. Sentencing is scheduled for April 7, 2023.
The case is being investigated by the FDA’s Office of Criminal Investigations.
Assistant U.S. Attorneys Joseph Tartakovsky and Kaitlin Paulson for the Northern District of California and Trial Attorney Rachael Doud of the Civil Division’s Consumer Protection Branch are prosecuting this case.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
District Man Sentenced to More Than 10 Years in Prison for Killing Man on Street in Southeast WashingtonRead the Press Release
WASHINGTON - Cecil Smith, 29, of Washington, D.C., was sentenced today to 10 years and nine months in prison for fatally shooting a man last year in Southeast Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Smith pleaded guilty on April 1, 2022, in the Superior Court of the District of Columbia, to a charge of voluntary manslaughter while armed. The plea, which was contingent upon the Court’s approval, called for the sentence of 10 years and nine months in prison. The Honorable Milton C. Lee, Jr. accepted the plea and sentenced Smith accordingly. Following his prison term, Smith will be placed on five years of supervised release.
According to the government’s evidence, on Aug. 23, 2021, at approximately 11 p.m., Smith was standing immediately adjacent to a parking lot in the 3900 block of South Capitol Street SE, next to a vehicle along with Harold Castle. Mr. Castle then grabbed a bottle that Smith placed on the hood of the vehicle. Mr. Castle held the bottle in the air and looked at the contents of the bottle. He poured a portion of the remaining contents into his cup, then handed the bottle to the Smith. Smith reached towards his right pocket, turned away from Mr. Castle, and fired a gun towards him. Mr. Castle, 29, struck by the bullet, turned and ran towards the parking lot, where he collapsed and died from a gunshot wound to the chest.
Smith was arrested on Sept. 1, 2021. He has been in custody ever since.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Criminal Investigations Division Homicide Branch of the Metropolitan Police Department. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Lashone Samuels, former Victim/ Witness Specialist Marcia Rinker, Victim/Witness Advocate Latrice Washington-Williams, and Investigative Analyst Zachary McMenamin.
Finally, they commended the efforts of Assistant U.S. Attorney Shehzad Akhtar, who investigated and prosecuted the case.
Des Moines Sentenced to 20 Years in Federal Prison for Attempted Enticement of Minor to Engage in Illicit Sexual ActivitiesRead the Press Release
Des Moines, IA – An Iowa man was sentenced on November 22, 2022, to 20 years in prison for attempting to entice a minor to engage in illicit sexual activities.
According to court documents, Dennis Eugene Kimball, age 58 of Des Moines, communicated over the internet with an undercover officer posing as a 15-year-old female. During the messages, Kimball arranged to meet the person he believed to be a minor female at a hotel to engage in sex acts. Kimball was arrested by law enforcement in October 2021 when he arrived at the hotel expecting to meet the minor female for sex acts. Following his prison term, Kimball will be on supervised release for five years. There is no parole in the federal system.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Altoona Police Department, the Iowa Division of Criminal Investigation (DCI)’s Internet Crimes Against Children Task Force, and the Federal Bureau of Investigation Human Trafficking and Child Exploitation Task Force investigated the case.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Dallas Man Indicted for Trafficking Deadly FentanylRead the Press Release
PLANO, Texas – A Dallas man has been indicted for federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Brian Demarcus Davis, also known as “Tink”, 37, was named in a four-count indictment returned by a federal grand jury on Nov. 9, 2022 in the Eastern District of Texas. The indictment charges Davis with multiple federal violations including conspiracy to distribute fentanyl, heroin, and methamphetamine, and possession of a firearm in furtherance of narcotics trafficking. Davis made his initial appearance on Nov. 21, 2022, before U.S. Magistrate Judge Kimberly C. Priest Johnson.
According to the indictment, in September 2022, the North Texas OCDETF Strike Force 2 (SF2), with the assistance of the Dallas Police Department and the Collin County Sheriff's Office, began investigating Dallas-based drug traffickers selling fentanyl and fentanyl-laced heroin. Deconfliction efforts found that Dallas PD had previously executed a search warrant on a “trap” house run by the targets of the SF2 investigation, resulting in the recovery of kilograms of methamphetamine, a half kilogram of raw powdered fentanyl, firearms, and body armor. Davis was identified as a possible fentanyl & heroin source of supply and ultimately alleged to be responsible for an overdose death in Collin County.
If convicted, Davis faces up to life in federal prison.
This case is being investigated by the U.S. Postal Inspection Service; U.S. Marshals Service; IRS-Criminal Investigations; Dallas Police Department; Collin County Sheriff's Office; and Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Heather Rattan.
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.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Child Sexual Predator Receives Maximum SentenceRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced last week to 30 years in prison for the sexual exploitation of a young child.
According to court documents, Pedro Damian Martinez, 29, sexually assaulted the prepubescent minor on numerous occasions, and recorded the acts on video. Investigators also found that Martinez possessed more than 100 other child pornography videos on his phone, which he’d received via the internet.
In addition to the decades-long sentence, Martinez was ordered to pay $50,000 to the sexual assault victim in restitution and forfeit the cell phones used to produce the child sexual abuse material.
“The lengthy sentence imposed in this case is fitting in light of the unthinkable damage this individual inflicted on a child,” said U.S. Attorney Ashley C. Hoff. “Along with our partners, we will continue to hold those who harm the lives of innocents accountable for their actions.”
“This verdict illustrates the importance of law enforcement agencies working together in efforts to bring violent predators to justice and protect our communities,” said a spokesperson with the San Antonio Police Department Public Information Office.
The FBI, SAPD and Bexar County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Tracy Thompson prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Chenango County Man Sentenced to 87 Months for Drug and Firearm OffensesRead the Press Release
SYRACUSE, NEW YORK – Jonas Whaley, age 37, of Chenango County, New York, was sentenced today to 87 months in prison for possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime.
The announcement was made by United States Attorney Carla B. Freedman; John B. Devito, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Division; Chenango County District Attorney Michael D. Ferrarese; New York State Police Acting Superintendent Steven Nigrelli; Chenango County Sheriff Ernest R. Cutting Jr.; and Broome County Sheriff David E. Harder.
As part of his earlier guilty plea, Whaley admitted that he possessed with intent to distribute 50 grams or more of a mixture and substance containing methamphetamine. Whaley further admitted that he possessed two pistols and a revolver, which he used in furtherance of his drug trafficking to protect himself, the drugs he planned to distribute, and drug proceeds.
United States District Judge Glenn T. Suddaby also ordered Whaley to serve a 4-year term of post-imprisonment supervised release and the forfeiture of $3,600 in drug proceeds.
This case was investigated by ATF, New York State Police Violent Gang and Narcotics Enforcement Team (VGNET), Chenango County Sheriff’s Office, and the Broome County Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.
Camden County Woman Sentenced to 159 Months in Prison for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, woman was sentenced today to 159 months in prison for her role in a scheme to obtain money through fraudulently obtained refund checks issued by the U.S. Treasury, U.S. Attorney Philip R. Sellinger announced.
Awilda Henriquez, 36, of Clementon, New Jersey, was convicted on Dec. 9, 2021, of one count of conspiracy to defraud the United States government and steal United States mail, 13 counts of theft of government money, and 13 counts of aggravated identity theft, following a 10-day trial before Senior U.S. District Judge Robert B. Kugler. Judge Kugler imposed the sentence today in Camden federal court.
According to documents filed in this case and the evidence at trial:
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that involves the use of stolen identities to commit tax refund fraud. The investigation revealed that for the 2013 tax year more than 3,300 SIRF tax returns were filed using the names and Social Security numbers of residents of Puerto Rico and the refunds were directed to be mailed to a small section of Pennsauken, New Jersey.
Henriquez and her conspirators recruited mail carriers from the U.S. Postal Service as part of the scheme to steal the tax refund checks from the mail. The mail carriers were paid for every U.S Treasury check that was stolen. Henriquez and her conspirators recruited and paid “check couriers” to cash the tax refund checks in a variety of ways, including at check cashing businesses in New Jersey, where Henriquez paid the tellers to also participate in the scheme. The check couriers presented fraudulent identifications at the check cashing businesses matching the names on the tax refund checks in order to cash the checks, which the tellers cashed because they were paid by Henriquez to do so. In total, the scheme caused $565,091 in losses to the U.S. Treasury.
In addition to the prison term, Judge Kugler sentenced Henriquez to three years of supervised release and ordered her to pay restitution of $565,091.
U.S. Attorney Sellinger credited special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Tammy Tomlins in Newark and Special Agent in Charge Yury Kruty in Philadelphia; and special agents of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi, with the investigation leading to today’s sentencing. He also thanked the U.S. Postal Inspection Service for its assistance.
The government is represented by Jason M. Richardson, Attorney in Charge of the Camden Office, and Assistant U.S. Attorney Christina O. Hud of the Criminal Division.
Brooklyn, New York Man Sentenced to 36 Months’ Imprisonment for Fentanyl Distribution in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Olayinka Babatunde (a.k.a. “Tom”), 23, of Brooklyn, New York, was sentenced by U.S. District Court Judge William K. Sessions III to 36 months of imprisonment to be followed by a three-year term of supervised release after previously pleading guilty to fentanyl distribution.
According to court records, on January 29, 2020, law enforcement executed a search warrant at 8 Sheldon Place in Rutland, Vermont. Court records show that Babatunde and Quadeim Mack, also from Brooklyn, used this residence as a base station to distribute drugs in the Rutland area. In an upstairs bedroom, law enforcement seized 9 grams of fentanyl, 57 grams of cocaine base, and 50 grams of cocaine. Law enforcement also seized a loaded .22 caliber revolver and $13,050 of drug proceeds. Judge Sessions previously sentenced Mack to 48 months’ imprisonment for possession with intent to distribute fentanyl, cocaine base, and cocaine.
In the plea agreement, the government and Babatunde agreed to a term of imprisonment of 36 months and that the federal sentence be served concurrently to the defendant’s state sentence in New York for attempted murder (2nd degree), a charge to which Babatunde previously pleaded guilty and agreed to an eight-year sentence.
U.S. Attorney Nikolas Kerest commended the investigative efforts of the Vermont State Police Drug Task Force, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Rutland City Police Department.
This case was prosecuted by Assistant U.S. Attorney Joseph Perella. Babatunde was represented by Richard Goldsborough, Esq. of South Burlington, Vermont.
Babatunde’s prosecution was 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.Bettendorf Man Sentenced for Attempted Transfer of Obscene Material to a MinorRead the Press Release
Davenport, IA – Gerald Brian Hoard, age 49 of Bettendorf, Iowa, was sentenced today to time-served following his plea of guilty to Attempted Transfer of Obscene Material to a Minor. Hoard went into custody on March 15, 2022. Hoard will serve three years of supervised release including one year at a residential re-entry center.
According to court documents, Hoard used the social media application Grindr, an online dating app, to communicate with an undercover officer posing as a 14-year-old. Hoard sent a picture of his genitals to the purported minor. Hoard agreed to meet the minor at a local store for the purpose of engaging in sexual activities.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Federal Bureau of Investigation investigated the case.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nationwide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. For more information about Internet safety education, please visit https://www.justice.gov/psc and click on the resources tab.
Baltimore Man Sentenced to 15 Years in Federal Prison for Sex Trafficking at Least Three WomenRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Ryan Odell Oliver, a/k/a “Dre,” “Fame,” and “Foreign,” age 40, of Baltimore, Maryland, to 15 years in federal prison, followed by 15 years of supervised release, for sex trafficking at least three victims.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (HSI) Baltimore; and Commissioner Michael Harrison of the Baltimore Police Department.
According to Oliver’s guilty plea, in December 2018 a female victim (Victim 1) texted a non-profit sex trafficking prevention agency that she was forced into prostitution and was being held against her will by Oliver. An Alexandria, Virginia Police Department undercover detective followed up on the report and made a commercial sex date with Victim 1 in order to find her. Officers located Victim 1 at the location given for the sex date. Oliver was also at the location, but fled before he could be arrested. A second female (Victim 2) was also found at that location.
During the investigation, law enforcement spoke with three women whom Oliver was trafficking or attempting to traffic. Victim 1 and Victim 2 told law enforcement that they were trying to leave but Oliver refused to let them go. The victims stated that Oliver had trafficked Victim 1 and a third woman, Victim 3, for his prostitution business and was attempting to sex traffic Victim 2. Oliver physically and sexually assaulted Victim 1 and Victim 2. Victim 1 and Victim 3 worked for Oliver in the Washington D.C. and Maryland area, including surrounding states. Oliver advertised all three victims online for commercial sex dates and kept all of the money made by his victims on their commercial sex dates. Oliver also arranged for a tattoo artist to tattoo his nicknames “Fame” and “Foreign” on one of his victims.
As detailed in his guilty plea, Oliver gave Victim 1 daily quotas for commercial sex dates and refused to provide for Victim 1 if she did not meet the quotas. Oliver also made Victim 1 take pictures of other sex trafficking victims to advertise them for commercial sex dates. Oliver used violence against Victim 1 when she did something he thought was wrong and Oliver told Victim 1 that she was his property. Victim 3 advised that Oliver provided her with drugs, including heroin.
According to Oliver’s plea agreement, after meeting Victim 2 on a social media platform in December 2018, Oliver paid for a car to drive Victim 2 from Pennsylvania to his Baltimore residence. There, Oliver forced Victim 2 to have sex with him and choked Victim 2 when she would not comply with his sexual demands. After the assault, Victim 2 met one of Oliver’s co-conspirators, now deceased, who took her to a hotel, forced her to watch another sex trafficking victim conduct a sex date, and warned Victim 2 not to try to escape because Oliver would find her and that Oliver had a gun.
Oliver was arrested on January 11, 2019, in Baltimore. A search warrant executed at his residence recovered three cell phones, a hand-held recorder, a laptop, a ledger, a 9mm firearm, and ammunition. Additionally, law enforcement discovered images of Victim 1 and Victim 3 on Oliver’s phone.
This case was investigated by law enforcement agencies that are members of the Maryland Human Trafficking Task Force, formed in 2007 to discover and rescue victims of human trafficking while identifying and prosecuting offenders. Members include federal, state, and local law enforcement, as well as victim service providers and local community members. For more information about the Maryland Human Trafficking Task Force, please visit http://www.justice.gov/usao/md/priorities_human.html.
Report suspected instances of human trafficking to HSI's tip line at 866-DHS-2ICE (1-866-347-2423) or by completing its online tip form. Both are staffed around the clock by investigators.
United States Attorney Erek L. Barron commended HSI, the Baltimore Police Department, and the Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Colleen E. McGuinn, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Ankeny Man Sentenced to 30 years in Federal Prison for a Child Exploitation OffenseRead the Press Release
Des Moines, IA – An Iowa man was sentenced on November 22, 2022, to 30 years in prison for Production of Child Pornography.
According to court documents, Kyle Taylor Tremblay, age 30 of Ankeny, interacted with children on an online video-chat forum on multiple dates in early 2021. Tremblay directed the children to perform sexual acts to themselves, including children that Tremblay knew were 10 years old and 11 years old, and make explicit poses for the webcam. Tremblay video-recorded his online interactions with the children. Police located these recordings on Tremblay’s cell phone that was seized during a search warrant at Tremblay’s Ankeny residence in April 2021. Police also located videos and images of other child sexual abuse material stored on Tremblay’s cell phone. Tremblay sent numerous images of child sexual abuse material to multiple other persons via an online messenger application. Following completion of his prison term, Tremblay will be on supervised release for five years. There is no parole in the federal system.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The case was investigated by the Ankeny Police Department, the Iowa Division of Criminal Investigation (DCI)’s Internet Crimes Against Children Task Force, and the Federal Bureau of Investigation Human Trafficking and Child Exploitation Task Force.
13 now in prison in investigation initially targeting Laredo area Mexican MafiaRead the Press Release
LAREDO, Texas – With the sentencing of a 37-year-old associate of the Texas Mexican Mafia, more than a dozen criminals are serving more than 1600 months combined for their respective roles in narcotics trafficking on the streets of Laredo, announced U.S. Attorney Jennifer B. Lowery.
Today, U.S. District Judge Marina Garcia Marmolejo sentenced Anthony “Tono” Mercado, Laredo, to serve 33 months in prison. The sentence will be immediately followed by three years of supervised release. At the hearing, the court heard additional testimony as to testing positive for cocaine while on bond for the offense.
The sentencing today brings to a conclusion a multi-agency operation which initially targeted the Texas Mexican Mafia prison gang in Laredo. Although not all were involved in gang activity, the resulting investigation led to indictments against 12 people. All were charged with narcotics trafficking with two facing additional firearms charges.
10 were convicted for their roles in distributing crack-cocaine from a home in Laredo aka Blue Point which was situated near a school and playground.
In addition, information obtained during this investigation also led to the arrest and conviction of a 36-year-old Corpus Christi area Texas Mexican Mafia member - Robert Loya Jr. aka Lil’ Rob. A jury convicted him of possessing over six kilograms of meth and several firearms including a stolen military grade .50 caliber rifle.
Along with Mercado, several ranking members of the Mexican Mafia were sentenced to lengthy prison terms, including the former “Captain” of the Laredo area Texas Mexican Mafia - Martin Perez Jr. aka Quince. Perez was convicted for his role in the crack cocaine distribution from the Blue-Point. At sentencing, the court heard that Perez was the leader of this activity and that he used threats of violence to control others involved as well as his rivals.
U.S. District Judge Marina Garcia Marmolejo previously sentenced Perez to serve 327 months in prison. At that hearing, the court heard that Perez directed at least five other subjects to assist with a 2009 murder. Evidence also showed he had an extensive criminal record and that he has been a member of the Texas Mexican Mafia for a significant amount of time. The remaining individuals convicted in the case received terms ranging from two years to 262 months for their respective roles in the conspiracy. In the Loya case, he received a 30-year sentence.
In total, all 13 individuals received a total of more than 1600 months in federal prison.
Mercado has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration; FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Webb County Sherriff’s Office and the Laredo Police Department conducted the investigation.
Assistant U.S. Attorney Brittany L. Jensen prosecuted the case which was 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 and multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF
25 November 2022
Springfield Man Sentenced to 19 Years for Child Sexual ExploitationRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man who was the subject of an undercover investigation in the United Kingdom has been sentenced in federal court on child sexual exploitation charges.
Kody Ryan Kelso, 31, was sentenced by U.S. District Judge Stephen R. Bough to 19 years and seven months in federal prison without parole. The court also sentenced Kelso to spend 15 years on supervised release following incarceration.
On July 6, 2022, Kelso pleaded guilty to one count of the sexual exploitation of a child to produce child pornography and to one count of using the internet and a cell phone to coerce and entice a child under the age of 14 to engage in illicit sexual activity.
Both of the offenses to which Kelso pleaded guilty are related to an undercover law enforcement operation in the United Kingdom. Kelso used an online service named My LOL, a teen dating site with chat features, to contact a person he believed to be a 13-year-old girl, but in reality was an undercover law enforcement officer. Kelso asked her to have sexual intercourse with him and repeatedly requested sexually explicit images during online chats from Jan. 7 to Feb. 2, 2021. Kelso also provided his email address and asked her to use Google hangouts to send sexually explicit photos outside the MYLOL platform.
In addition to the information from Europol, investigators received two Cybertips from the National Center for Missing and Exploited Children regarding Kelso’s online activity and posting a child pornography video online.
On June 16, 2021, Springfield police officers executed a search warrant at Kelso’s apartment and he was arrested. Officers seized 19 electronic devices. Investigators found 26 images and 39 video files of child pornography on Kelso’s computers. According to court documents, Kelso had multiple conversations with other users who had clearly identified themselves as minors and sought to have them produce sexually explicit images and entice them into engaging in sexual conduct. The records from MyLOL reveal that Kelso had contacted 560 additional MyLOL users, all of which were listed as being between the age of 13 and 17 years old. He started each conversation by asking if the child had an “age limit” and would introduce sexual topics.
Kelso’s behavior was not limited to MyLOL. On his devices, law enforcement discovered approximately 7,900 different chat threads with different users, over multiple social media applications, including Discord, Facebook Messenger, Google Hangouts, Instagram, Kik, Skype, and Text Now. Kelso sometimes sent child pornography, or pornographic images of himself, to these children and requested nude images.
This case was prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the Springfield, Mo., Police Department, the FBI, and Homeland Security Investigations.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Lincoln Man Sentenced for Distributing Methamphetamine and Possessing FirearmsRead the Press Release
Acting United States Attorney Steven Russell announced that Chase Bass, 28, of Lincoln, Nebraska, was sentenced on November 23, 2022, by United States District Court Judge John M. Gerrard to a term of 170 months’ imprisonment following his convictions for possession of methamphetamine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. After he completes his prison sentence, Bass will also serve four years on supervised release. There is no parole in the federal system.
While investigating a shooting that happened in Lincoln on July 8, 2021, Lincoln Police Department investigators located a cell phone conversation in which Bass talked about providing a gun to a convicted felon. That led to a firearms and narcotics investigation involving Bass and his girlfriend at the time, Kylie Thompson.
Investigators obtained firearms purchase records showing that Thompson bought 12 handguns between March 18 and July 31, 2021, at various locations in Lancaster County, Nebraska. After purchasing these firearms, Thompson transferred some of these firearms to Bass who was a felon, and thus not permitted to possess firearms. Bass was also serving a term of post-release supervision, following prison sentence, as a result of a Lancaster County conviction for possession of a short shotgun.
On July 16, 2021, Bass was arrested in Cass County on an outstanding warrant for violating his post-release supervision. Thompson was also present but she was not arrested at that time. Bass was in possession of a distribution amount of methamphetamine, baggies containing methamphetamine residue, at least two functioning firearms, $1,347 cash, ammunition, drug ledgers, phones, gun magazines, pipes, and a scale. Investigators found six empty gun boxes in Thompson’s car. Bass was in the passenger seat of this car when arrested. The gun boxes in the car matched up with six of the firearm purchases Thompson had made in Lincoln between March 18 – July 31, 2021. Bass had a notebook in his possession containing his hand-written notes describing the firearms that were previously in the boxes found in the car. Bass was carrying a backpack containing ammunition and a pistol Thompson had purchased the day before at a Lincoln pawn shop. Bass also had keys to a safe located in Thompson’s car. Inside the safe investigators found a handgun with 12 rounds in the magazine. The box for this gun was found in the trunk and was the same handgun Thompson had purchased at a gun store in Lancaster County on July 1, 2021.
During the course of this investigation, investigators recovered three of the 12 firearms purchased by Thompson. Two of the three recovered were located in Bass’s belongings, while the third was recovered in an alleyway in downtown Lincoln on July 14, 2021.
Following his arrest, Bass bonded out of jail. Bass was again arrested in Lincoln on September 28, 2021, after being federally indicted in this case. At that time Bass possessed at least 17 grams of actual methamphetamine, a handgun, ammunition, baggies, a drug ledger, and scales.
Thompson was charged in federal court in connection with this investigation. She pled guilty on August 2, 2022, to transferring a firearm to a felon, and is scheduled to be sentenced on January 24, 2023.
This case was investigated by the Lincoln Police Department, the Cass County Sheriff’s Office, the Nebraska State Patrol, and the FBI. 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.
H-2 Cartel Lieutenant Extradited from Mexico to Face Narcotics Trafficking and Firearms ChargesRead the Press Release
Carlos Silva Arellano, also known as “Bolas,” was arraigned today before United States Magistrate Judge Lois Bloom at the federal courthouse in Brooklyn on an indictment charging him with participating in a large-scale narcotics distribution conspiracy and using one or more firearms in connection with narcotic offenses. The defendant, a Mexican citizen, was extradited from Mexico to the United States on November 23, 2022. Silva Arellano was ordered detained pending trial.
Breon Peace, United States Attorney for the Eastern District of New York, and Anne Milgram, Administrator, United States Drug Enforcement Administration (DEA), announced the extradition and arraignment.
“As alleged, the defendant, a trusted member of a notoriously violent drug cartel, participated in the importation of thousands of kilograms of dangerous drugs into our country for sale in our communities. He will now answer to the American justice system for his role in the crimes alleged,” stated United States Attorney Peace. “Our Office is committed to working with our international partners to dismantle destructive drug trafficking organizations, wherever they are.”
Mr. Peace extended his appreciation to the DEA’s Los Angeles and Mexico City, Mexico offices, the United States Marshals Service, the United States Department of State, the Department of Justice’s Office of International Affairs and the Government of Mexico.
“The H-2 Cartel and its associates have smuggled multi-ton quantities of heroin, cocaine, and methamphetamine into our country for years, using intimidation and violence to build and protect their criminal empire,” said DEA Administrator Milgram. “The continuous flood of addictive and dangerous drugs into the United States remains a threat to the safety and health of our communities. Today’s extradition highlights the important work of DEA, alongside our U.S. and global partners, to bring dangerous drug traffickers to justice.”
According to the indictment and court filings, the defendant was a member of the H-2 Cartel, a violent Mexican drug trafficking organization based in Nayarit and Sinaloa, Mexico, that was previously led by Juan Francisco Patron Sanchez. The H-2 Cartel had numerous distribution cells in the United States, including in Los Angeles, Las Vegas, Ohio, Minnesota, North Carolina and New York. The DEA estimates that between January 2013 and February 2017, the H-2 Cartel distributed, on a monthly basis, hundreds of kilograms of heroin, cocaine and methamphetamine, and thousands of kilograms of marijuana into the United States and earned millions of dollars in illegal proceeds in return. In furtherance of its drug trafficking operation, the H-2 Cartel used firearms and physical violence and is associated with numerous homicides.
Between June 2013 and December 2016, the defendant allegedly conspired with the H-2 Cartel to smuggle large quantities of cocaine, heroin, methamphetamine and marijuana from Mexico into the United States and distribute the drugs throughout the country, including in the Eastern District of New York. The defendant allegedly established heroin distribution networks on behalf of the H-2 Cartel, coordinating with and directing several individuals to receive and sell large amounts of heroin.
The extradition of Silva Arellano is the result of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the DEA. 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. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces up to life in prison.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Craig R. Heeren, Ryan C. Harris and Andrew D. Wang are in charge of the prosecution.
The Defendant:
CARLOS SILVA ARELLANO
Age: 36
MexicoE.D.N.Y. Docket No. 16-CR-241 (S-2) (CBA)
Former Illinois Man Sentenced to 294 Months in Prison for Methamphetamine and Firearm ConvictionsRead the Press Release
ROCK ISLAND, Ill. –Shawn Michael Pfister, 44, formerly of Illinois, was sentenced on November 22, 2022, to 234 months’ imprisonment for possession with intent to distribute methamphetamine, and a consecutive term of 60 months’ imprisonment for carrying a firearm in relation to a drug trafficking crime, for a total of 294 months’ imprisonment. The court further ordered Pfister, who prior to his arrest was living in the 2600 block of West Street in Pueblo, Colorado, to serve five years of supervised release after he is released.
At the sentencing hearing in front of U.S. District Chief Judge Sara Darrow, the government emphasized Pfister’s role in large-scale drug trafficking, bringing kilogram-sized quantities from out of state to the Quad Cities for resale.
Also at the hearing, Judge Darrow commented on the significant impact methamphetamine dealing can have on the community and end users.
Pfister pleaded guilty to the charges on November 1, 2018. The statutory penalty for possession with intent to distribute methamphetamine is a minimum term of ten years to life imprisonment. The penalty for carrying a firearm in relation to a drug trafficking crime is a minimum of five years to life imprisonment, which must be served consecutive to any other charges.
The Drug Enforcement Administration, Quad Cities Metropolitan Enforcement Group, the Moline Police Department, and the Rock Island County Sheriff’s Office investigated the case. Assistant U.S. Attorney Jennifer Mathew represented the government in the prosecution.
Federal Grand Jury B Indictments Announced-November 2022Read the Press Release
United States Attorney Clint Johnson today announced the results of the November 2022 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jacob Thomas Arkeketa. Arson in Indian Country. On Oct. 3, 2022, Arkeketa, 41, of Tulsa, set fire to a home with the resident inside, thus placing her at serious risk of injury. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tulsa Fire Department are the investigative agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-391
Curt Thomas Been. Felon in Possession of Firearms and Ammunition; Possession of an Unregistered Weapon Made from a Shotgun. Been, 52, of Collinsville, is charged with being a felon in possession of a weapon made from an Essex Gun Works 12-gauge caliber shotgun, a Winchester .22 caliber rifle, and 483 rounds of ammunition. He is further charged with being in possession of a weapon made from an Essex Gun Works 12-gauge shotgun having a barrel of less than 18 inches in length and not registered to him in the National Firearms Registration and Transfer Record. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigative agency. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-CR-385
Jared Nathan Black. Assault with Intent to Commit Murder in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence. Black, 46, of Jenks, is alleged to have assaulted his stepson when he pointed a firearm at the victim’s head and pulled the trigger on Dec. 26, 2020. The gun did not go off, giving the victim and another individual an opportunity to run to the garage and call 911. The FBI and Jenks Police Department are the investigative agencies. Assistant U.S. Attorneys Justin G. Bish and Ben Tonkin are prosecuting the case. 22-CR-390
Hatcher Raymond Day. Possession of Fentanyl with Intent to Distribute; Possession of Firearms in Furtherance of a Drug Trafficking Crime; Felon in Possession of a Firearm and Ammunition. Day, 26, of Phoenix, Arizona, is charged with possessing with intent to distribute 500 grams or more of fentanyl on Sept. 19, 2022. He is further charged with possessing firearms to further his drug trafficking crime. Finally, he is charged with being a felon in possession of an American Tactical Imports multi-caliber pistol; a Great Lakes Firearms and Ammunition multi-caliber pistol; a Ruger American .45 auto caliber pistol; a Glock .357 caliber pistol; a Canik 9X19 caliber pistol, and 70 rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Kenneth Elmore and Nathan E. Michel are prosecuting the case. 22-CR-389
Daniel Christopher Edwards. Possession of an Unregistered Destructive Device; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country; Arson in Indian Country; Conveying False and Misleading Information Concerning an Explosive Device; Possession of an Unregistered Destructive Device During and in Relation to a Crime of Violence (superseding). Edwards, 48, of Tulsa, is charged with possessing a destructive device on Oct. 5, 2022, that had not been registered to him in the National Firearms Registration and Transfer Record. The incendiary bomb, also called a Molotov cocktail, consisted of a glass jar filled with an ignitable liquid, having a wick constructed of a cloth like material. He is further alleged to have assaulted a Holy Family Cathedral employee when he slashed him with a sword multiple times, causing serious bodily injury. He then allegedly committed arson when he threw the incendiary bomb at the church. Finally, he is charged with conveying misleading information concerning an explosive device at a Tulsa Reasor’s grocery store. Edwards allegedly told several individuals that if he was approached, he would push a button that “would be worse than a bomb.” Finally, he was also charged in this superseding indictment with possessing a unregistered destructive device in furtherance of a crime of violence. See the initial Complaint press release here. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Police Department, and FBI are the investigative agencies. Assistant U.S. Attorneys Robert T. Raley, Nathan E. Michel, and Christopher J. Nassar are prosecuting the case. 22-CR-362.
David Gutierrez-Valezquez. Alien in Possession of a Firearm and Ammunition. Gutierrez-Valezquez, 28, a Mexican national, is charged with being in the United States unlawfully and possessing a Ruger 9 mm caliber semi-automatic handgun and six rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Police Department, and Osage Nation Police Department are the investigative agencies. Assistant U.S. Attorney William Rubens is prosecuting the case. 22-CR-386
Rahmon Lawrence Macon Jr. Second Degree Murder in Indian Country. Macon Jr., 30, of Tulsa, is charged with killing Aliza Renea Crook using a firearm on Nov. 6, 2022. Macon Jr. shot into the vehicle Crook was riding in, striking the victim. The FBI, Tulsa Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies. Assistant U.S. Attorneys Niko A. Boulieris and Ryan H. Heatherman are prosecuting the case. 22-CR-388
Justin Wade Malone; Devon Marie Larocca. Second Degree Murder in Indian Country; Causing Death by Using and Discharging a Firearm During and in Relation to a Crime of Violence; Voluntary Manslaughter in Indian Country; Maintaining a Drug-Involved Premises; Evidence Tampering; Accessory After the Fact to Second Degree Murder in Indian Country (superseding). On July 8, 2022, Malone, 38, and Larocca, 36, both of Tulsa, are alleged to have aided and abetted one another to kill Cristian Amaya Hernandez, using a firearm. Malone and the victim were arguing when Malone allegedly shot him. Malone and Larocca are also charged with using a Tulsa residence for the purpose of distributing and using methamphetamine and fentanyl. They are further charged with aiding and abetting each other to remove firearms and surveillance cameras from the crime scene and to erase surveillance footage of the alleged murder to hinder an investigation. Finally, Larocca is charged with assisting Malone in order to hinder and prevent Malone’s apprehension, trial, and possible punishment. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Nathan E. Michel and Ryan H. Heatherman are prosecuting the case. 22-CR-235
Rodney Joe Smith. Stalking; Evidence Tampering. The indictment alleges that between Sept. 1, 2022, to Sept 18, 2022, Smith, 45, of Poteau, stalked the victim with the intent to kill, injure, harass and intimidate her. Smith allegedly installed a GPS tracker inside the victim’s rear bumper without her knowledge and would track and confront her. The defendant threw rocks at her vehicle, cracked her windshield, followed her and falsely reported her for reckless driving. He is alleged to have further harassed her via phone. He left harassing messages and sometimes used an app to disguise the phone number, making it appear as if his calls were coming from the Tulsa Police Department. In addition, he created fake Facebook accounts that purported to be the victim and publicly shared her home and work addresses. He also created a fake profile on a dating app purporting to be the victim, and the victim began receiving phone calls, texts, and unsolicited images from men who claimed to have met her online. The indictment further alleges the defendant pulled down the outside cameras that were part of the victim’s home security system. The defendant’s laptop also revealed he had conducted a google search on how to enter a home undetected. According to the indictment, law enforcement further located a trail camera, GPS tracker, the victim’s work identification card, night vision goggles, binoculars, a brown wig, a laptop which had a google search for the security radio frequency where the victim worked and a search for how to disable a particular vehicle, a cell phone, notepads with the victim’s personal information, Viagra pills, and a ghillie suit, which is a type of camouflage clothing. Then, while detained, Smith allegedly directed another individual take his cell phone to Verizon and, in a phone call, requested an employee remotely wipe the contents of his electronic devices and delete his iCloud account in an attempt to destroy evidence. The FBI, Muscogee Nation Lighthorse Police Department and Glenpool Police Department are the investigative agencies. Assistant U.S. Attorney Steven J. Briden is prosecuting the case. 22-CR-387
Steven Ray Thompson. Felon in Possession of a Firearm and Ammunition; Possession of Heroin with Intent to Distribute; Carrying a Firearm During and in Relation to a Drug Trafficking Crime. Thompson, 24, of Rose, is charged with being a felon in possession of Kimber 9 mm caliber semi-automatic pistol and six rounds of ammunition. He is further charged with possessing with intent to distribute heroin. Finally, he is charged with carrying a firearm during and in relation to his drug trafficking crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Delaware County Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Shakema M. Onias is prosecuting the case. 22-CR-384
D.C. Government Employee Charged with Submitting False Documentation Claiming District Residency to Obtain BenefitsRead the Press Release
WASHINGTON – A Social Services Representative with the District of Columbia Department of Human Services (DHS), has been charged with falsely claiming District of Columbia residency to obtain D.C. Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Medicaid benefits, and free tuition for her two children to attend a D.C. Public Charter School.
The announcement was made by U.S. Attorney Matthew M. Graves, Daniel W. Lucas, Inspector General for the District of Columbia, and Karl A. Racine, Attorney General for the District of Columbia. This matter was initially discovered by the D.C. Department of Human Services and promptly referred to the D.C. Office of the Inspector General for investigation.
Michia Pardlow, 29, of Arlington, Virginia, was charged in a criminal complaint filed in the Superior Court for the District of Columbia with first-degree fraud, first-degree theft, and false statements in connection with applying for and obtaining District of Columbia resident benefits. She was arrested on Nov. 22, 2022, made her initial court appearance later that day, and was released pending trial.
According to court documents, Pardlow, from 2016 through at least 2019, was a resident of Arlington, Virginia. The charging documents allege that she submitted signed applications, residency verification forms, and other documents to the District of Columbia’s Department of Human Services and Public Charter School Board claiming and verifying District residency.
As a result, the documents allege, Pardlow was able to obtain District benefits to which she was not entitled. Non-District residents are ineligible to receive District SNAP, TANF, and Medicaid benefits. Non-District residents who enroll their dependents in D.C. schools must apply as a non-resident and pay non-resident tuition. The charging documents allege that she received more than $149,000 in fraudulent benefits.
A complaint is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the Criminal Investigations Unit of the U.S. Attorney’s Office for the District of Columbia and the D.C. Office of the Inspector General. The case is being jointly prosecuted by the Major Crimes Section of the U.S. Attorney’s Office for the District of Columbia and the Public Corruption Section of the D.C. Office of the Attorney General.
Coles County Business Owner Sentenced to Six Months in Prison for Tax FraudRead the Press Release
URBANA, Ill. – A Charleston, Illinois, man, Jay Edward Fisher, 53, of the zero block of Gracies Hollow, was sentenced on November 21, 2022, to six months of imprisonment for failing to pay employment taxes to the Internal Revenue Service.
On June 7, 2021, Fisher pleaded guilty before U.S. Magistrate Judge Eric I. Long to collecting employment taxes from his employees, which included taxes for his employees’ Social Security and Medicare payments, but then failing to turn over those taxes, or pay the employer’s portion of those taxes, to the IRS. At the time of his plea, Fisher admitted that he had failed to pay those taxes from at least 2014 through 2018, as well as to file a personal federal income tax return or pay his own personal income taxes to the IRS during those years. Fisher agreed to pay full restitution to the IRS within thirty days of sentencing.
At the sentencing hearing, the government presented evidence establishing that Fisher was the sole owner of Financial Logic, Inc., a commercial insurance agency located in Mattoon, Illinois, and employed several individuals. Fisher failed to pay either employment taxes or personal federal income taxes from at least 2013 through 2018, totaling a tax loss of $866,838. Moreover, Fisher covered up his tax fraud by repeatedly lying to his employees during those years, falsely claiming that he had paid the taxes, and blaming the failure on the Social Security Administration. In reality, Fisher transferred over $600,000 from Financial Logic’s business account to his own personal bank accounts and $300,000 from Financial Logic’s savings account to a personal investment account. In 2019, after realizing that Fisher was lying to them, some of his employees turned him into the IRS. When Fisher found out, he tried to enter the IRS’s voluntary disclosure program, but he was rejected because a criminal investigation was already underway.
Also at the hearing, Fisher addressed the sentencing judge, U.S. District Court Judge Colin S. Bruce. Fisher repeatedly told Judge Bruce, “It’s all my fault.” Fisher requested a sentence of probation, while acknowledging, “I’m ashamed.” In rejecting Fisher’s request for probation, Judge Bruce discussed the seriousness of Fisher’s crime and noted that Fisher would carry the “disgrace” of his actions.
Judge Bruce ordered Fisher to begin serving his prison sentence on February 28, 2023. In addition to the sentence of imprisonment, Judge Bruce ordered Fisher to serve three years of supervised release following his release from custody and to pay full restitution to the IRS. Although Fisher paid most of the restitution just before the sentencing hearing, the plea agreement permits him another thirty days to pay the outstanding restitution amount of approximately $125,000.
The statutory penalties for failing to pay employment taxes are up to five years of imprisonment, three years of supervised release, full restitution, and a $10,000 fine.
The case investigation was conducted by the Internal Revenue Service – Criminal Investigations Division. Supervisory Assistant U.S. Attorney Eugene L. Miller represented the government in the prosecution.
23 November 2022
Utah Man Charged with Assault with Dangerous Weapon on a JetBlue Flight from New York to Salt Lake CityRead the Press Release
SALT LAKE CITY, Utah – A 41-year-old Syracuse, Utah man has been arrested and charged in a federal criminal complaint for carrying and using a straight edge razor blade during a flight Monday, November 21, 2022.
The United States Attorney’s Office filed the complaint Tuesday, November 22, 2022, charging the defendant, Merrill Darrell Fackrell with Carrying a Weapon on an Aircraft and Assault with a Dangerous Weapon in the Special Aircraft Jurisdiction of the United States.
According to the allegations contained in the complaint and law enforcement affidavit, on November 21, 2022, Fackrell departed on JetBlue Flight #871 from John F. Kennedy International Airport in New York en route to Salt Lake City International Airport in Utah. Fackrell was seated in a window seat next to married passengers. During the flight, Fackrell placed his hand in front of the woman’s screen and told her to pause her movie. According to the complaint, the woman took off her headphones and realized Fackrell had his hand clutched with what appeared to her as a knife, inches from her skin at her throat/neck area. The woman’s husband went to the front of the aircraft to get assistance from the flight attendant. The woman lunged for the aisle to escape and Fackrell reached and tried to stop her by grabbing her shoulder. The object was secured and later identified as a Facon wood-handled straight edge razor with a one-to-two-inch blade.
Assistant United States Attorney Michael Kennedy from the United States Attorney’s Office for the District of Utah is prosecuting the case. The case is being investigated by Salt Lake City Police Department and an FBI Task Force Officer.
A criminal complaint is a formal accusation of criminal conduct, not evidence. Defendants are presumed innocent unless and until proven guilty.
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Three District of Columbia Men Indicted on Federal Charges for Armed Robberies and Carjackings in D.C. and MarylandRead the Press Release
WASHINGTON – Three men, all from Washington, D.C., have been indicted on federal charges stemming from a series of armed robberies and carjackings that took place in Maryland and the District of Columbia over a period of less than two months earlier this year.
Tyrell Jordan Stewart, 24, Joenathan Nelson, 25, and Azriel Echavarria, 20, were indicted on charges of conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, and various related offenses. The indictment was unsealed today in the U.S. District Court for the District of Columbia Stewart was arrested today and made his initial court appearance this afternoon. Nelson and Echavarria previously were in custody.
The announcement was made by U.S. Attorney Matthew M. Graves, Christopher Amon, Acting Special Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Robert J. Contee III, Chief of the Metropolitan Police Department (MPD), Malik Aziz, Chief of the Prince George’s County, Maryland, Police Department, and Marcus G. Jones, Chief of the Montgomery County, Maryland, Police Department.
According to the indictment, the defendants wore dark clothing and often wore masks or other clothing over their faces while committing the crimes. As alleged in the indictment, they used various vehicles, including stolen vehicles, to facilitate the robberies or flee from scenes. The crimes typically took place in the early morning, between 5 a.m. and 7:30 a.m. In addition to stores, targets included people accosted while in their cars, at work, or on the street.
The indictment includes charges related to crimes from Jan. 19 through March 4, 2022. They include three robberies at convenience stores, 14 robberies of individuals, an armed carjacking, and three car thefts. On Feb. 18, 2022, for example, four armed robberies were carried out within 95 minutes in Northwest and Northeast Washington. On Feb. 20, 2022, two armed robberies took place within 10 minutes at convenience stores in Rockville and Kensington, Maryland. On March 4, 2022, four armed robberies took place within 35 minutes in Northeast and Northwest Washington.
Stewart was indicted on a total of 14 charges, including conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, six counts of armed robbery, one count of robbery, five counts of interstate transportation of a stolen motor vehicle, and a firearms offense.
Nelson was indicted on a total of 21 charges, including conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, 11 counts of armed robbery, one count of robbery, six counts of interstate transportation of a stolen motor vehicle, and a firearms offense.
Echavarria was indicted on a total of five charges, including conspiracy to interfere with interstate commerce by robbery, conspiracy to commit carjacking, two counts of armed robbery, and a firearms offense
Nelson has been detained pending other court proceedings in Montgomery County. Echavarria is incarcerated after pleading guilty in the District of Columbia on April 28, 2022, to a charge of carrying a pistol without a license.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
The case is being investigated by the ATF’s Washington Field Division, the Metropolitan Police Department, the Montgomery County, Maryland Police Department and the Prince George’s County, Maryland Police Department.
The case is being prosecuted by Special Assistant U.S. Attorney Brian Lynch and Assistant U.S. Attorney Matthew Kinskey, of the Violence Reduction and Trafficking Offenses Section of the U.S. Attorney’s Office for the District of Columbia.
Syracuse Man Sentenced to 15 Years for Drug Conspiracy and DistributionRead the Press Release
SYRACUSE, NEW YORK – Eric F. Jackson, aka “The Mexican,” aka “Pops,” age 49, of Syracuse, was sentenced Tuesday to 180 months in prison for his leadership of a drug-trafficking organization that distributed methamphetamine in Onondaga County and elsewhere in Central New York.
The announcement was made by United States Attorney Carla B. Freedman and Frank A. Tarentino III, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), New York Division.
As part of his prior guilty plea, Jackson admitted that beginning no later than May 2020 through April 2021, he conspired with others to transport methamphetamine from California to locations in the Northern District of New York, including Syracuse, for distribution. Jackson admitted that in furtherance of the conspiracy, in December 2020, a coconspirator drove with approximately 4.6 kilograms of pure methamphetamine from California destined for Syracuse but was intercepted by police and arrested in Oklahoma City. Jackson also admitted that he arranged for methamphetamine to be shipped by a common carrier to addresses in the Syracuse area, which were provided by coconspirators. In addition to participating in the conspiracy, Jackson admitted that he personally distributed more than 50 grams of pure methamphetamine to another individual in Syracuse. Jackson further admitted that at the time of his arrest in April 2021, at a small convenience store on Park Street in Syracuse, New York, he possessed approximately $17,460 in drug proceeds, and more than 350 grams of pure methamphetamine, which he intended to distribute.
United States District Judge David N. Hurd also ordered Jackson to serve a 5-year term of supervised release to follow his release from prison, the forfeiture of the $17,460 of seized currency, and ordered Jackson to pay a money judgment of $1,300.
This case is being investigated by DEA, U.S. Internal Revenue Service Criminal Investigation (IRS-CI), New York State Police-Violent Gang and Narcotics Enforcement Team (NYSP-VGNET), Onondaga County (New York) Sheriff’s Office, Onondaga County District Attorney’s Office, Syracuse Police Department, Oklahoma City Police Department, San Bernardino County (California) Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Matthew J. McCrobie.
Rochester Man Charged with Threatening A Board Member of the Rochester Islamic CenterRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that William M. Putnam, 53, of Rochester, NY, was charged by criminal complaint with transmitting in interstate commerce communications containing threats to injure another person. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that according to the complaint, on November 21, 2022, a board member of the Islamic Center of Rochester (Victim 1) received a voicemail message, which had been left on November 15, 2022, at approximately 1:23 p.m. Left by a male individual, the message stated: “I'm coming to your office with a few friends, we all have shotguns. We are walking into your front door, and we are going to shoot everybody that’s on the phone in the (expletive) head. How do you like that? That’s what’s going coming your way very soon, you scumbag foreigner (expletives).” A subsequent investigation traced the message to Putnam, who has 12 previous criminal convictions, including two felony convictions and one violent felony conviction. In November 2021, Putnam was the subject of a Mental Health Transport for threatening self-harm.The complaint further states that Victim 1 recognized of photo of Putnam as an individual who had previously visited the Islamic Center and who Victim 1 had interacted with on multiple occasions since 2021. As a result, Putnam was taken into custody by the Rochester Police Department under New York Mental Hygiene Law and transported to Rochester General Hospital for observation.
Putnam made an initial appearance before U.S. Magistrate Judge Marian W. Payson and was held pending a detention hearing on November 29, 2022.
The complaint is the result of an investigation by the Rochester Police department, under the direction of Chief David Smith, the Brighton police Department, under the direction of Chief David Catholdi, and the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #Real Estate Developer and Attorney Both Admit to Multimillion-Dollar Mortgage Fraud SchemeRead the Press Release
TRENTON, N.J. – A New Jersey real estate developer and attorney each admitted today to conspiring to orchestrate a mortgage fraud scheme that led to over $3.5 million in losses, U.S. Attorney Philip R. Sellinger announced.
Victor Santos, aka Vitor Santos, 63, of Watchung, New Jersey, and Fausto Simoes, 69, of Millington, New Jersey, each pleaded guilty by videoconference to Count One of an indictment charging them with conspiracy to commit bank fraud before U.S. District Judge Michael A. Shipp in Trenton federal court.
According to documents filed in this case and statements made in court:
From September 2007 through November 2008, Santos, a real estate developer, and Simoes, an attorney, conspired with each other and others to fraudulently obtain mortgage loans with a total value of more than $4 million. Santos orchestrated the scheme to recruit fake, or “straw” buyers to purchase 12 properties in Newark. Using the identity and credit of these straw buyers allowed Santos, Simoes, and their conspirators to conceal their identities from the lender as the actual purchasers of the properties. Santos and others induced people to be straw buyers by agreeing to pay each straw buyer at least $5,000, secure tenants to lease the purchased properties, and cover costs associated with the property, including fees associated with the real estate purchases and the mortgage payments on each of the fraudulently obtained mortgages. Santos, Simoes, and others also caused the submission of fraudulent and false loan applications and documents to the mortgage lender.
Simoes conducted the closings of 10 of the fraudulent transactions and helped perpetuate the fraud by falsely reporting that the straw buyers were providing the cash required at closing when, in fact, Simoes received those funds from a shell company controlled by Santos and another conspirator. For several transactions, Simoes also failed to disclose to the lender that the shell company controlled by Santos and another conspirator would receive a substantial payout from the loan proceeds.
Shortly after the properties were acquired, Santos and his conspirators broke their promises to pay the mortgages. The straw buyers, in whose names the mortgages were obtained and thus were responsible for the payments, did not have enough money to pay the fraudulently obtained mortgages and defaulted, which caused the lender, Fannie Mae, and insurers to lose more than $3.5 million.
Conspiracy to commit bank fraud carries a maximum potential penalty of 30 years in prison, a fine of $1 million or twice the gross gain to the defendants or twice the gross loss to others whichever is greatest. Sentencing for Santos is scheduled for April 12, 2023, and for Simoes, April 13, 2023.
Two other conspirators previously pleaded guilty and are awaiting sentencing.
U.S. Attorney Sellinger credited special agents of the Federal Housing Finance Agency, Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak, and special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the guilty pleas.
The government is represented by Special Assistant U.S. Attorneys Charlie Divine and Kevin DiGregory of the Federal Housing Finance Agency, Office of Inspector General, assigned to U.S. Attorney’s Office’s Economic Crimes Unit in Newark.
Rapid City Man Sentenced for Receipt of Child PornographyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that a Rapid City, South Dakota, man convicted of Receipt of Child Pornography was sentenced on November 18, 2022, by U.S. District Judge Jeffrey L. Viken.
James McKinstry, age 75, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay $8,000 in restitution, a $100 special assessment to the Federal Crime Victims Fund, and a $5,000 special assessment to the Victims of Trafficking Fund. McKinstry will also be required to register as a sex offender under the Sex Offender Registration and Notification Act.
McKinstry was indicted for Receipt of Child Pornography and Possession of Child Pornography by a federal grand jury in February of 2021. He pleaded guilty on July 25, 2022.
McKinstry was arrested and federally indicted following three Cybertips from the National Center of Missing and Exploited Children. A forensic examination of McKinstry’s devices found hundreds of images and videos of child pornography, including children as young as infants.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
This case was investigated by Homeland Security Investigations, the South Dakota Division of Criminal Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s Office. Assistant U.S. Attorney Sarah B. Collins prosecuted the case.
McKinstry was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced for Illegal Possession of FirearmsRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that U.S. District Judge Jeffrey L. Viken has sentenced a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person. The sentencing took place on November 22, 2022.
Brandon Tyon, 43, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Tyon was indicted for Possession of a Firearm by a Prohibited Person by a federal grand jury in February of 2022. He pleaded guilty on August 1, 2022.
In January 2021, in Rapid City, Tyon, a previously convicted felon who is prohibited from possessing firearms, while using methamphetamine, possessed three firearms, including a Springfield Incorporated, Springfield Armory trademark, model M1A SOCOM 16, .308 Winchester caliber, semi-automatic rifle, a Raven Arms, model P25 (2nd Generation), .25 AUTO, semi-automatic pistol, a Sturm, Ruger & Company Incorporated, model 10/22, .22 Long Rifle caliber, semi-automatic rifle, and a Smith & Wesson, model M&P Bodyguard 380, .380 AUTO caliber, semi-automatic pistol, which were found after Tyon came into contact with law enforcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Bureau of Alcohol, Tobaco, Firearms and Explosives, the South Dakota Highway Patrol, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Tyon was immediately remanded to the custody of the U.S. Marshals Service.
Previously Deported Dominican National Sentenced to 18 Months’ Imprisonment for Illegal Reentry Following Removal for an Aggravated FelonyRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Tomi Moscat-Lara, age 44, a native and citizen of the Dominican Republic, was sentenced by United States District Court Judge Malachy E. Mannion to 18 months’ imprisonment, for illegally reentering the United States after being previously removed following conviction for a felony offense.
According to United States Attorney Gerard M. Karam, in April of 2013, while residing in this country without legal status, Moscat-Lara was convicted of a cocaine trafficking offense. After serving a 12-to-24-month county prison sentence for that offense, Moscat-Lara was deported. Sometime thereafter, Moscat-Lara unlawfully reentered the United States, and on January 14, 2021, he was arrested in Luzerne County and charged with cocaine and fentanyl trafficking. Following a guilty plea in the Luzerne County Court of Common Pleas to those charges, he was sentenced to a three-to-six-year imprisonment term.
Lara was charged with the illegal reentry offense in federal court. He pleaded guilty to that offense. Following the conclusion of his 18-month federal sentence imposed by Judge Mannion, Muscat-Lara will face deportation.
This case was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Assistant United States Attorney Jeffery St John prosecuted the case.
# # #
Porcupine Man Sentenced to Federal PrisonRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced today that a Porcupine, South Dakota, man convicted of Involuntary Manslaughter was sentenced on November 21, 2022, by U.S. District Judge Jeffrey L. Viken.
Cassian Richards, 21, was sentenced to 30 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Richards was indicted for Involuntary Manslaughter by a federal grand jury in March of 2022. He pleaded guilty on July 29, 2022.
The conviction stems from Richards who, while in possession of a loaded semi-automatic firearm, got into an altercation at a home near Porcupine in February of 2022. Following the altercation, Richards fled the home with the firearm and got into a vehicle. While getting into the vehicle, Richards carelessly and recklessly handled the firearm and caused the firearm to discharge. The discharged bullet struck another male within the vehicle. The victim succumbed to his injuries within moments of being shot.
This case was investigated by the Oglala Sioux Tribe Department of Public Safety and the FBI. Assistant U.S. Attorney Heather Sazama prosecuted the case.
Richards was immediately remanded to the custody of the U.S. Marshals Service.
Parmelee Man Sentenced for Abusive Sexual Contact with a MinorRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced today that a Parmelee, South Dakota, man convicted of Abusive Sexual Contact with a Minor was sentenced on November 21, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Hehaka Thunder Hawk, age 39, was sentenced to a total of 24 months in federal prison, including credit for 10 months already served, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Thunder Hawk was indicted by a federal grand jury in November of 2021. He pleaded guilty on August 19, 2022.
The conviction stemmed from conduct that occurred between September 1, 2020, and September 30, 2020, in Todd County, when Thunder Hawk engaged in sexual contact with the minor victim.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the FBI. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Thunder Hawk was immediately remanded to the custody of the U.S. Marshals Service.
Orange County Pharmacist Found Guilty of 22 Felonies for Her Role in $11 Million Scheme to Defraud the U.S. Military’s Health Care PlanRead the Press Release
LOS ANGELES – A licensed Orange County pharmacist has been found guilty by a jury of nearly two dozen federal criminal charges for her role in a health care fraud scheme in which more than 1,000 bogus prescriptions for compounded medications were filled, costing Tricare, the U.S. military’s health care plan, more than $11 million in losses, the Justice Department announced today.
Sandy Mai Trang Nguyen, 42, of Irvine, was found guilty Tuesday afternoon of 21 counts of health care fraud, and one count of obstruction of a federal audit.
Compounded drugs are tailor-made products doctors may prescribe when the Food and Drug Administration-approved alternative does not meet the health needs of a patient.
According to evidence presented at her five-day trial, Nguyen was the pharmacist-in-charge of the now-defunct Irvine Wellness Pharmacy in Irvine. From late 2014 to May 2015, Nguyen and others under her supervision filled approximately 1,150 compounded prescriptions for pain, scarring and migraines that Tricare reimbursed for tens of thousands of dollars per prescription. Nearly all of the prescriptions were sent to the pharmacy by so-called marketers who were paid kickbacks of upwards of 50% of the Tricare reimbursements.
The beneficiaries were solicited to provide their Tricare insurance information for medications they did not seek out or need, and most were never examined by a physician. The prescriptions were electronically sent from marketers or telemedicine businesses and submitted by the pharmacy for reimbursement even though Tricare rules excluded reimbursements for claims based on telemedicine visits and would not, in any event, have been authorized had Tricare known the prescriptions originated based upon the payment of kickbacks.
Nguyen was aware that the prescriptions were purportedly written by physicians in states other than where the beneficiaries lived, multiple members of the same families received the same medications, and the same prescriptions were written for members of different patient populations, including a 13-year-old boy in Chicago who got the same prescription as an 86-year-old woman in Orange County who happened to be Nguyen’s grandmother.
The pharmacy invoiced the beneficiaries to pay hundreds of dollars in required co-payments, but the beneficiaries stated that they knew nothing about co-payments and understood that the medications were fully covered by Tricare, according to trial testimony. The total co-payments due during the scheme exceeded $16,000, but the pharmacy never collected them.
Nguyen also obstructed a federal audit by providing bogus, cut-and-pasted prescriptions to cover-up Tricare’s effort to validate millions of dollars paid for the same prescriptions.
During Nguyen’s tenure as pharmacist-in-charge, Tricare paid $11,098,756 on the fraudulently submitted claims.
United States District Judge Otis D. Wright II scheduled an April 3, 2023 sentencing hearing, at which time Nguyen will face a statutory maximum sentence of 10 years in federal prison for each health care fraud count, and five years in federal prison for the audit obstruction count.
The Department of Defense, Office of Inspector General; the Defense Criminal investigative Service; the FBI; the Amtrak Office of Inspector General; IRS Criminal Investigation; the United States Department of Labor – Employee Benefits Security Administration; the California Department of Insurance; and the Office of Personnel Management, Office of Inspector General investigated this matter.
Assistant United States Attorneys Mark R. Aveis and Ali Moghaddas of the Major Frauds Section are prosecuting this case.
North Carolina Man Sentenced to 6 ½ Years for Gunpoint Robbery of Puppies from Lancaster County BreederRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Christopher Lamont Stimpson, Jr., 24, of Greensboro, North Carolina, was sentenced to six years and six months in prison, three years of supervised release, and ordered to pay $1,660 in restitution by United States District Court Judge Edward G. Smith for robbing a Lancaster County puppy breeder and his family at gunpoint in order to steal five French Bulldog puppies in October 2020.
In April 2022, the defendant was convicted of robbery which interferes with interstate commerce (Hobbs Act robbery), and interstate transportation of stolen goods in connection with the robbery. Evidence presented at trial proved that in order to gain access to the puppies, dogs with a total value of more than $23,000, Stimpson posed as a customer seeking to purchase five French Bulldog puppies, only to pull out a gun, point it at the victims, and steal the animals. One of the victims recorded the registration of the defendant’s getaway vehicle, which was traced back to a rental company in Greensboro, North Carolina. A customer of the breeder who had also been interested in purchasing one of the puppies later discovered an Instagram posting which featured a video and a photograph of the puppies, as well as photographs of Stimpson. In December 2020, the defendant was arrested in North Carolina.
“The defendant threatened a family at gunpoint inside their own home in order to greedily and callously steal vulnerable, living creatures,” said U.S. Attorney Romero. “ Our Office is committed to prosecuting dangerous, armed criminals, no matter where they may run and hide. We are thankful to our law enforcement partners here in Pennsylvania and in North Carolina for their assistance in bringing Stimpson to justice.”
“This was a frightening armed robbery that saw the victims menaced at gunpoint,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “The fact that puppies were the property taken renders this crime more unusual, but no less serious. Christopher Stimpson made the very bad decision to come to Pennsylvania and take these pups by force, and this sentence holds him accountable for his actions.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Federal Bureau of Investigation, the Ephrata Police Department, and the Greensboro (NC) Police Department, and is being prosecuted by Assistant United States Attorney Mark S. Miller.
Morris County Man Charged with Distribution of Child PornographyRead the Press Release
NEWARK, N.J. – A Morris County, New Jersey, man was arrested for distributing videos and images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced today.
William Harbeson, 82, of Boonton, New Jersey, is charged by complaint with one count of distribution of child pornography. He appeared before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court on Nov. 22, 2022, and was released on $100,000 unsecured bond.
According to documents filed in this case and statements made in court:
From May 2022 to September 2022, Harbeson distributed videos of child sexual abuse via a publicly available online peer-to-peer (P2P) file-sharing program. An undercover law enforcement officer conducted online sessions using the P2P program, during which a user shared hundreds of videos and images of child sexual abuse from an IP address traced to Harbeson’s address. Subsequent to a lawful search of his residence, law enforcement officers recovered at least 38 videos and 351 images of child sexual abuse on Harbeson’s hard drive.
The count of distribution of child pornography carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years in prison, and a fine of $250,000.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, New Jersey Division, under the direction of Special Agent in Charge Ricky J. Patel, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Farhana C. Melo of the General Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Milford Man to Federal Prison for Meth ConspiracyRead the Press Release
On November 22, 2022, Justin Haubrich, 46, from Milford, Iowa, was sentenced to 108 months in federal prison.
Haubrich pled guilty June 28, 2022, in federal court in Sioux City, to conspiracy to distribute methamphetamine.
Evidence at the plea and sentencing hearings showed that from May 2018 through January 2019, Haubrich was involved in a conspiracy that distributed at least 2500 grams of methamphetamine. Haubrich was supplied methamphetamine from sources in Denison and Council Bluffs, Iowa for further distribution in Northwest Iowa. During a traffic stop in January 2019, Haubrich was found in possession of a .45 caliber handgun and was known to keep and store firearms during his drug trafficking activities.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Haubrich was sentenced to 108 months’ imprisonment and must serve a term of three years supervised release following imprisonment. There is no parole in the federal system. Haubrich remains in custody of the United States Marshal until he can be transported to a federal system.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Iowa Division of Narcotics Enforcement, the Dickinson County Sheriff’s Office, the Palo Alto County Sheriff’s Office, the Okoboji, Iowa Police Department, and the Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4097.
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Methamphetamine Conspirator Sentenced to over 17 Years in PrisonRead the Press Release
ABINGDON, Va. – A Southwest Virginia man, who conspired with others to sell methamphetamine in Tazewell and Russell Counties and possessed firearms, explosives, and destructive devices, was sentenced last week to 17 and one-half years in federal prison.
Steven Cantrell, 28, pled guilty in June 2022 to one count of conspiracy to distribute and possession with the intent to distribute 50 grams or more of methamphetamine, one count of possessing a firearm and ammunition in furtherance of a drug trafficking crime, one count of possession of explosives after having been convicted of a felony and while being an unlawful drug user, and one count of possessing unregistered destructive devices.
In September 2022, co-conspirator Amanda Skeens was sentenced to 11 years in federal prison and Josh Goodman received a 9-year sentence. In August 2022, two other members of the conspiracy, Zachary Justice and Ronda Rose, were sentenced to 14 years and 7.5 years, respectively.
During 2019 and 2020, Justice and Cantrell sold methamphetamine out of an apartment they shared in Swords Creek, Virginia. In addition, Justice also traded firearms to Cantrell in return for methamphetamine for resale.
As part of the conspiracy, Skeens supplied methamphetamine several times a week from her home in West Virginia to other conspiracy members, who then brought the dangerous drugs into Russell and Tazewell Counties for further distribution, bringing anywhere from two ounces to over one pound per trip.
Three destructive devices, seven blasting caps, fourteen firearms, and over 2,500 rounds of ammunition were recovered from Cantrell’s residence pursuant to search warrants.
United States Attorney Christopher R. Kavanaugh made the announcement.
The Russell County Sheriff’s Office, the Mercer County, West Virginia Sheriff’s Office, the Tazewell County Sheriff’s Office, the Southern West Virginia Drug Task Force, the Tazewell County Drug Task Force, the Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Mangilao Man Sentenced to 30 Months in Federal Prison for Drug CrimeRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jeffrey B. Baldonado, age 38 from Mangilao, Guam, was sentenced to 30 months imprisonment by the District Court of Guam. He was charged with Attempted Possession of More than 50 Grams of Methamphetamine with Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1). The Court also ordered three years of supervised release and a mandatory $100 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On July 18, 2019, a United States Postal Service package was intercepted by law enforcement. It contained 1,783 grams of methamphetamine with a purity of 97 percent. On July 24, the package was delivered to a residence in Mangilao. Baldonado accepted delivery. He later admitted being paid to receive and deliver the package to the intended recipient, James Damaso. Baldonado also admitted he was instructed by Damaso to get rid of the package after “sham” was discovered. Damaso recruited Baldonado by offering him $5,000 for each drug package received.
“While Baldonado had a lesser role in this offense than Damaso, this case shows that any involvement in federal drug crimes can result in substantial penalties,” stated U.S. Attorney Anderson. “Baldonado’s reduced sentence was due to his testimony at trial against Damaso. Offenders are encouraged to admit their criminal activity and cooperate with law enforcement at the earliest opportunity.”
“HSI will continue to bring our investigative capabilities to those who conspire to distribute narcotics,” said Special Agent in Charge John F. Tobon. “This sentence holds Baldonado accountable for his crime and serves as a warning that we partners will work diligently to keep this highly addictive drug out of our community.”
This investigation was led by Homeland Security Investigations with the support of the United States Postal Inspection Service. The case was prosecuted by Laura C. Sambataro and Rosetta L. San Nicolas, Assistant United States Attorneys in the District of Guam.
Ludlow Man Arrested for Distributing Child PornographyRead the Press Release
BOSTON – A Ludlow man has been arrested for a child pornography offense.
Robert Avrett, 41, was charged with distribution of child pornography. Avrett was arrested on Nov. 21, 2022 and was detained following an initial appearance yesterday before U.S. District Court Magistrate Judge Katherine A. Robertson.
According to the charging document, Avrett was identified as the owner of a Kik messenger account that shared numerous videos containing child sexual abuse material (CSAM) to an undercover law enforcement agent. The CSAM Avrett allegedly distributed depicted the sexual exploitation of minor victims as young as approximately three-years-old. During search of Avrett’s residence on Nov. 21, 2022, Avrett admitted that he was the operator of the Kik messenger account and that he used the account to share and receive CSAM.
The charge of distribution of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Assistant U.S. Attorney Catherine G. Curley of Rollins’ Springfield Branch Office is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lower Brule Man Charged with Burglary and Assault with a Dangerous WeaponRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for First Degree Burglary and Assault with a Dangerous Weapon.
Justice Long, age 29, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Mark Moreno on November 18, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 25 years in custody and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the Indictment, in July of 2022, Long broke into a home in Lower Brule and assaulted a person inside with a metal bar.
The charges are merely an accusation and Long is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Long was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for January 17, 2023.
Kansas Man Sentenced to More Than Six Years in Prison for Armed Robbery of West St. Paul MenardsRead the Press Release
MINNEAPOLIS – A Kansas man was sentenced to 77 months in prison followed by three years of supervised release for an early morning armed robbery of a Menards store in West St. Paul, announced United States Attorney Andrew M. Luger.
According to court documents, on September 27, 2021, Cornelius Graham, 61, of Kansas City, Kansas, went to the Menards store in West St. Paul and hid inside the store until it closed. Early on the morning of September 28, 2021, Graham confronted the store manager as he was opening the store for the day. Graham brandished a firearm and took cash from the store manager.
Graham was sentenced yesterday in U.S. District Court before Senior Judge Ann D. Montgomery. On June 1, 2022, Graham pleaded guilty to one count of interference with commerce by robbery. Because Graham was on supervised release for separate robbery convictions in the District of Kansas, Graham received an additional sentence of 23 months, increasing his total sentence to 100 months in prison.
This case was the result of an investigation conducted by the FBI and the West St. Paul Police Department.
Assistant U.S. Attorney David P. Steinkamp prosecuted the case.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Nov. 23 was:
John Randolph Bland, IV, 58, of Livingston, on charges of possession of a stolen firearm and prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Bland faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Bland was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Livingston Police Department investigated the case. PACER case reference. 22-131.
Appearing for an initial appearance on a criminal complaint was:
Marshall Vincent Lucas, 41, of Roundup, on charges of sexual exploitation of children. If convicted of the most serious crime, Lucas faces a mandatory minimum 15 years to 30 years in prison, a $250,000 fine and five years to life of supervised release. Lucas was detained pending further proceedings. The FBI, Montana Division of Criminal Investigation and Musselshell County Sheriff’s Office investigated the case. PACER case reference. 22-160.
Michael Joseph Owens, 42, of Colorado, on charges of possession with intent to distribute controlled substances. If convicted of the most serious crime, Owens faces a mandatory minimum five years to 40 years in prison, a $5 million fine and four years of supervised release. Owens was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montana Division of Criminal Investigation investigated the case. PACER case reference. 22-161.
Appearing on Nov. 22 and pleading not guilty was:
Jacob Parker Renouard, 33, of Spokane, Washington, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Renouard faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Renouard was released pending further proceedings. The FBI and Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-125.
Tysawn Dantae Pine, 24, of Busby, on charges of strangulation. If convicted of the most serious crime, Pine faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Pine was detained pending further proceedings. The Bureau of Indian Affairs and the FBI investigated the case. PACER case reference. 22-80.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Nov. 22 was:
David Loren Waldeck, 57, of Port Orchard, Washington, on charges of possession with intent to distribute methamphetamine, cocaine and fentanyl. If convicted of the most serious crime, Waldeck faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. Waldeck was detained pending further proceedings. Homeland Security Investigations, the Flathead Tribal Police Department and Lake County Sheriff’s Office investigated the case. PACER case reference. 22-59.
Derek Steven Trumbull, 35, of Missoula, on charges of felon in possession of a firearm. If convicted of the most serious crime, Trumbull faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Trumbull was detained pending further proceedings. The Missoula Police Department, Montana Probation and Parole and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-52.
Donald Willard Stebbins, 30, of Missoula, on charges of felon in possession of a firearm. If convicted of the most serious crime, Stebbins faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Stebbins was released pending further proceedings. The Missoula Police Department, Montana Probation and Parole and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-53.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Nov. 22 was:
Kelly Sterling Wait, 45, of Williston, North Dakota, on charges of conspiracy to possess with intent to distribute fentanyl, possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime. If convicted of the most serious crime, Wait faces a maximum of 10 years in prison, a $1 million fine and three years of supervised release on the drug charge and a mandatory minimum five years to life in prison, consecutive to any other sentence, a $250,000 fine and five years of supervised release on the firearm charge. Wait was detained pending further proceedings. Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Russell Country Drug Task Force and the Montana Highway Patrol investigated the case. PACER case reference. 22-95.
Yevgeniy Rudnitskiy, 34, of Spokane, Washington, on charges of conspiracy to possess with intent to distribute fentanyl and possession with intent to distribute fentanyl. If convicted of the most serious crime, Rudnitskiy faces a maximum of 10 years in prison, a $1 million fine and three years of supervised release. Rudnitskiy was detained pending further proceedings. Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Russell Country Drug Task Force and the Montana Highway Patrol investigated the case. PACER case reference. 22-95.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Hilo Man Receives 42 Months in Prison for Defrauding Covid-19 Relief ProgramsRead the Press Release
HONOLULU – Carey Mills, 47, of Hilo, Hawaii, was sentenced on November 22, 2022 in federal court by Chief U.S. District Judge Derrick K. Watson to 42 months in federal prison for wire fraud in connection with a scheme to defraud the federal government of program funds intended for COVID-19-related relief. Mills pleaded guilty to a single-count information on May 17, 2022. In addition to a term of imprisonment, the Court also imposed a five-year term of supervised release and ordered Mills to pay restitution to the Small Business Administration in the amount of $937,575.
The Paycheck Protection Program (PPP) is a federal loan program intended to help small businesses survive the COVID-19 pandemic by providing them with funds to cover certain payroll costs, including benefits, interest on mortgages, rent and utilities. The Economic Injury Disaster Loan (EIDL) is a separate federal program providing low-interest loans and grants to small businesses that experience substantial financial disruptions due to federally-declared disasters, including the COVID-19 pandemic.
According to court documents and information presented in court, from May to August 2020, Mills submitted multiple applications for PPP and EIDL funds on behalf of three businesses under his control, Kanaka Maoli Hookupu Center, New Way Horizon Travel, and Uilani Kawailehua Foundation, each time utilizing interstate wires. To support the applications, Mills submitted fraudulent payroll documents and IRS forms, which included false employee and wage payment records. As a result of these applications, Mills received $937,575 in the form of three forgivable PPP loans and one EIDL grant to which he was not entitled.
At the sentencing hearing, the prosecution highlighted the fact Mills used the federal relief money to fund personal expenses, including the purchase of eight vehicles and two residential properties. When Chief Judge Watson imposed the sentence, he stated: “Stealing one million dollars of federal funds is no joke.”
“Carey Mills stole federal funds that provided a lifeline to our small businesses struggling as a result of the COVID-19 pandemic,” said U.S. Attorney Clare E. Connors. “While this is the first COVID-19 program fraud sentencing in the District of Hawaii, the Department is committed to investigating and prosecuting those who, like Mills, harmed both small businesses in need of these PPP and EIDL funds as well as the taxpayers who supported these programs.”
“The Treasury Inspector General for Tax Administration aggressively pursues those who attempt to abuse the Coronavirus Aid, Relief, and Economic Security Act and its Paycheck Protection Program, which was created to assist legitimate business owners during the pandemic,” said J. Russell George, Treasury Inspector General for Tax Administration. “We appreciate the efforts of our law enforcement partners and the United States Attorney’s Office to ensure individuals engaged in criminal activity are held to account.”
The investigation was conducted by the U.S. Treasury Inspector General for Tax Administration, together with the Federal Deposit Insurance Corporation Office of the Inspector General, the Small Business Administration Office of the Inspector General, and Homeland Security Investigations. Assistant U.S. Attorneys Rebecca M. Perlmutter and Gregg Paris Yates handled the prosecution.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Geneseo Man Sentenced to 384 Months in Prison for Sexual Exploitation of a ChildRead the Press Release
Davenport. IA. – Tristan Scott Blank of Tulip Court in Geneseo, Illinois, has been sentenced to 32 years of imprisonment to be followed by a life term of supervised release for Sexual Exploitation of a child.
Blank used social media and the internet to pose as a teen girl to entice children to send him explicit material. He pled guilty January 6, 2022, to five counts of Sexual Exploitation of a Child. As part of the plea, Blank was also held accountable for the exploitation of other victims not listed in the original indictment.
Also at the hearing, U.S. District Judge Sara Darrow noted the seriousness of the offense was difficult to fathom, as Blank had sexually assaulted two children and exploited 21 others, resulting in 23 children permanently altered by his conduct. Judge Darrow found that many of the victims were children Blank knew or specifically targeted for exploitation.
The statutory penalties for Sexual Exploitation of a Child are fifteen to thirty years imprisonment and a term of supervised release of at least five years and up to life.
“Blank manipulated and blackmailed children into producing sexual images for his own sexual gratification.” said Assistant U.S. Attorney Sarah E. Seberger. “His significant term of imprisonment and lifetime supervision will provide some measure of justice to the victims and their families. These brave, resilient children now have justice and can continue to move forward with their lives.”
The U.S. Secret Service remains committed to investigating and arresting individuals who sexually exploit children and transmit child sexual abuse material.” said Resident Agent in Charge Stephen Webster. “We are proud of our partnerships with the federal, state, and local agencies who work collectively to investigate and prosecute crimes against minors. These predators cause significant and long-lasting damage, and we are holding them accountable.”
“This case shows the importance of parents engaging their children in discussions about online safety, including talking about sextortion.” said U.S. Attorney Gregory Harris. “My office is committed to protecting the most vulnerable members of our society, our children, and to bringing sexual predators to justice.”
The United States Secret Service, Illinois State Police, Geneseo Police Department investigated the case. Braveheart Child Advocacy Center, Colona Police Department, and the Henry County Sheriff’s Office assisted in the investigation. Greater Manchester Police, Serious Crime Division also assisted with investigation in the United Kingdom. Assistant U.S. Attorney Sarah E. Seberger represented the government at the sentencing hearing.
The National Center for Missing & Exploited Children (NCMEC) encourages children to discuss online safety with their parents and to ask for help from adults or professionals if they have experienced threats online. For more information contact [email protected].
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
G4S Affiliates Pay $500,000 to Resolve False Claims Act AllegationsRead the Press Release
COLUMBIA, SOUTH CAROLINA — A joint venture comprised of companies affiliated with G4S Secure Integration, LLC, has agreed to pay $500,000 to resolve allegations that the companies violated the False Claims Act by knowingly submitting to the U.S. State Department false claims for payment related to training of local guard forces at the U.S. Embassy in Bratislava, Slovakia. The companies comprising the joint venture are G4S Secure Integration, LLC; G4S Secure Solutions International Inc.; and G4S Technology Solutions (SK) (hereafter referred to individually or collectively as “G4S”).
In 2016, G4S Secure Integration, LLC, was awarded a contract by the State Department to provide local guard forces at the U.S. Embassy in Bratislava, Slovakia, in order to provide additional security to the Embassy. The contract required G4S to provide 80 hours of basic training to each guard, and prohibited the services of any guard who had not completed the required training. The United States alleged that G4S failed to provide all 80 hours of basic training to certain guards during the period from January 1, 2017, through December 31, 2019, and failed to accurately document the performance of training.
“The U.S. Attorney’s Office will hold accountable those who submit claims for payment to the United States for services not provided,” said U.S. Attorney for the District of South Carolina Adair F. Boroughs. “We are thankful for the great work of the agents with the State Department’s Office of Inspector General. Their work helps ensure the safety of the men and women serving in U.S. embassies around the world.”
“This resolution demonstrates the U.S. State Department’s Office of Inspector General’s resolve to hold contractors accountable for failing to give the U.S. government the services it’s paid for, especially when those services involve the security of our embassies worldwide,” said Elisabeth Kaminsky, Special Agent in Charge, U.S. Department of State OIG, Office of Investigations.
The case was investigated by the State Department’s Office of Inspector General and their Diplomatic Security Service (DSS) colleagues, along with Assistant United States Attorneys Stan Ragsdale and Johanna Valenzuela of the U.S. Attorney’s Office for the District of South Carolina.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Four Defendants Arrested, Charged with Selling Drugs and Guns in the Medina, NY, AreaRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that four defendants were arrested and charged in two separate criminal complaints with selling cocaine, fentanyl, methamphetamine and firearms in the Medina, NY, area.
Assistant U.S. Attorney Katelyn M. Hartford, who is handling the case, stated that according to the complaint, in October 2021, the Orleans County Major Felony Crime Task Force began investigating the drug trafficking activities of Ebony Shine, 36, of Rochester, NY, Nasir Shine, 20, Emmanual Taylor, 19, and Darrell C. Shine, 37, both of Medina, NY.
According to the complaint against Ebony Shine, Nasir Shine, Emmanual Taylor, between October 2021 and October 2022, the Task Force conducted a total of 14 controlled purchases, to include cocaine and fentanyl, and three firearms. Ebony and Nasir Shine and Emmanual Taylor are charged with conspiracy to possess with intent to distribute, and to distribute, controlled substances, and face a maximum penalty of life in prison.
Darrell C. Shine, 37, of Medina, NY, is charged in a separate complaint with being a felon in possession of a firearm and possession with intent to distribute, and distribution of, a controlled substance, which carry a maximum penalty of 20 years. Between October 2021, and November 2022, investigators conducted six controlled purchases to include methamphetamine, cocaine, and a firearm. In November 2006 and February 2011, Darrell Shine was convicted in Orleans County court of felony drug charges and is legally prohibited from possessing a firearm.
During the course of the investigation and the execution of three search warrants at residences associated with the four defendants, investigators recovered six firearms, including an assault rifle and a tactical shotgun, ammunition, a quantity of cocaine, and drug packaging materials. Investigators also recovered approximately a pound of fentanyl, a half-pound of cocaine and $29,000 in cash, $20,000 of which was for one sale of over ¼ kilogram of fentanyl.
The complaints are the result of an investigation by the Orleans County Major Felony Crime Task Force, under the direction of the Orleans County District Attorney’s Office and District Attorney Joseph Cardone, Homeland Security Investigations, under the direction of Special Agent-in-Charge Matthew Scarpino, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Orleans County Sheriff’s Department, under the direction of Sheriff Christopher Bourke, the Medina Police Department, under the direction of Chief Chad Kenward, the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti, and the Rochester Police Department, under the direction of Chief David Smith.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Former Stamford Attorney Admits Defrauding Clients of More Than $700KRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that WILLIAM McCULLOUGH, 62, of Westerly, Rhode Island, waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of wire fraud stemming from an embezzlement scheme.
According to court documents and statements made in court today, prior to his resignation from the Connecticut bar in March 2019, McCullough operated a law practice in Stamford for several years. As part of his practice, McCullough worked on real estate transactions for clients. In that capacity, McCullough received funds from clients and knew he was required to deposit those funds in an Interest on Lawyers’ Trust Account (“IOLTA Account”) and use them in accordance with his duties to each client. In March 2018, the Connecticut Statewide Grievance Committee audited McCullough’s IOLTA Account and found that he had failed to maintain required documents for several years. The audit revealed that more than $1.27 million was due to clients, but the IOLTA Account held less than $600,000. A subsequent criminal investigation revealed that McCullough defrauded clients by using funds in his IOLTA Account to cover funds owed to others, and for his own use. McCullough made false representations to clients, including providing a false and inaccurate closing statement to at least one individual, to prevent the scheme from being uncovered.
McCullough’s clients lost approximately $720,851.05 through this scheme.
As sentencing, which is not yet scheduled, McCullough faces a maximum term of imprisonment of 20 years. He is released pending sentencing.
This matter is being investigated by the U.S. Secret Service and the Wallingford Police Department, and is being prosecuted by Assistant U.S. Attorney Jennifer R. Laraia.
Florida Man Pleads Guilty to Making Threatening CommunicationsRead the Press Release
BOSTON – A Florida man pleaded guilty yesterday in federal court in Springfield to sending threatening communications to the Department of Veterans Affairs.
Drummond Neil Smithson, 31, pleaded guilty to one count of use of interstate communications to transmit a threat to injure. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 2, 2023 in federal court in Worcester. Smithson was indicted by a federal grand jury on May 12, 2022.
On or about July 19, 2020, Smithson, an Army veteran, mailed a threatening communication from Ayer, Mass., to the Department of Veterans Affairs threatening to injure members of Moms Demand Action, a grassroots organization advocating for the end to gun violence. In the letter, Smithson threatened, among other things, “If you take my pension there is going to be retaliation,” and, “You take my pension and the second I get out of prison I will go to a Moms Demand Action meeting […] Try me.”
The charge of use of interstate communications to transmit a threat to injure provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Valuable assistance was provided by the Department of Veterans Affairs’ Office of Inspector General; Federal Bureau of Investigations, Miami Field Office; and Federal Medical Center, Devens, Special Investigations Section. Assistant U.S. Attorney Kristen Noto of Rollins’ Worcester Branch Office is prosecuting the case.
Federal Jury Convicts Registered Sex Offender of Producing Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal jury has convicted Charles Porterfield, 37, of Springville, NY, of production of child pornography and committing the offense as a registered sex offender. The charges carry a mandatory penalty of life in prison.
Assistant U.S. Attorneys Jonathan P. Cantil and Paul E. Bonanno, who handled the prosecution of the case, stated that in 2011, Porterfield was convicted in Erie County Court of Engaging in a Course of Sexual Conduct in the 2nd Degree and sentenced to five years in prison and three years post release supervision. Porterfield was also required to register as a sex offender for life. Less than one month after completing his post release supervision, Porterfield paid a 13-year-old girl (Victim) to engage in an online sexual relationship. Porterfield used the Victim to produce images and videos of child pornography.
The verdict is the result of an investigation by the Federal Bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, and the Northern York County Regional Police Department.
Sentencing is scheduled for May 23, 2023, before U.S. District Judge Richard J Arcara, who presided over the trial of the case.
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Dilkon Woman Sentenced to 51 Months for Abusing and Injuring a Young ChildRead the Press Release
PHOENIX, Ariz. – Melody Gwen Nez, 32, of Dilkon, Arizona, was sentenced on November 21, 2022, by United States District Judge Dominic W. Lanza to 51 months in prison, followed by three years of supervised release. Nez previously pleaded guilty to Assault Resulting in Serious Bodily Injury.
For at least several weeks in the summer of 2021, Nez abused a five-year-old child in her care. The abuse culminated in an August 19, 2021, incident in which Nez threw the child from a moving vehicle, seriously injuring the child. The abuse occurred on the Navajo Nation, where Nez is an enrolled member.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation in this case. Assistant U.S. Attorneys Alanna Kennedy and Alexander Samuels, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-8130-PCT-DWL
RELEASE NUMBER: 2022-217_Nez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.