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Friday 7 October 2022
Auburn Man Pleads Guilty to Federal Drug ChargesRead the Press Release
PORTLAND, Maine: An Auburn man pleaded guilty in U.S. District Court in Portland today to manufacturing more than 50 marijuana plants and possessing more than 50 kilograms of marijuana with intent to distribute, U.S. Attorney Darcie N. McElwee announced.
According to court records, on February 27, 2018, law enforcement executed a search warrant at the Auburn residence of Brian Bilodeau, 38. During the search, agents seized about 180 pounds of marijuana, four firearms, a money-counting machine, a 2016 Lamborghini Huracan, and a 2014 Nissan GT-R.
Agents also searched a warehouse in Auburn used to cultivate marijuana. At this location, agents seized approximately 321 marijuana plants and 181 pounds of marijuana. This marijuana was cultivated by Bilodeau and others.
In rejecting Bilodeau’s earlier argument that he was cultivating marijuana in compliance with Maine’s Medical Marijuana Program (MMMP), the U.S. Court of Appeals for the First Circuit stated that Bilodeau and others “were knowingly engaged in a large-scale … black-market marijuana operation aimed at supplying marijuana to persons known not to be qualifying patients.” Similarly, the district court noted that “[t]he drug ledgers seized from Bilodeau’s residence indicate a sales operation that extended far beyond patient supply consistent with the MMMP.”
The U.S. Drug Enforcement Administration and the Internal Revenue Service – Criminal Investigations investigated the case with assistance from numerous federal, state and local law enforcement partners.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks
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Thursday 6 October 2022
Wichita Man Indicted for Intent to Distribute FentanylRead the Press Release
WICHTIA, KAN.– A federal grand jury in Wichita returned an indictment charging a Kansas man with drug trafficking related offenses.
According to court documents, Grant Lubbers, 36, of Wichita was indicted on one count of possession with intention to distribute a controlled substance -Fentanyl and one count of possession of a firearm during a drug trafficking offense. Lubbers is accused of possessing 40 grams or more of a substance containing a mixture of Fentanyl.
The Drug Enforcement Administration (DEA) is investigating the case.
Assistant U.S. Attorney Alan Metzger is prosecuting the case.
OTHER INDICTMENTS
Brandon Grulkowski, 29, of Eureka was indicted on one count of failure to register as a sex offender. The U.S. Marshal Service is investigating the case. Assistant U.S. Attorney Jason Hart is prosecuting the case.
Jeremy Van Ness, 36, of Cheney was indicted on two counts of distribution of child pornography and one count of possession of child pornography. The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) are investigating the case. Assistant U.S. Attorney Molly Gordon is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Western District of Pennsylvania Takes Part in Department’s Wide-Ranging Efforts to Protect Older AdultsRead the Press Release
PITTSBURGH – The Justice Department announced this week the results of its efforts over the past year to protect older adults from fraud and exploitation. During the past year, the Department and its law enforcement partners tackled matters that ranged from mass-marketing scams that impacted thousands of victims to bad actors scamming their neighbors. Substantial efforts were also made over the last year to return money to fraud victims. Today, the Department also announced it is expanding its Transnational Elder Fraud Strike Force to amplify efforts to combat scams originating overseas.
“We are intensifying our efforts nationwide to protect older adults, including by more than tripling the number of U.S. Attorneys’ offices participating in our Transnational Elder Fraud Strike Force dedicated to disrupting, dismantling and prosecuting foreign-based fraud schemes that target American seniors,” said Attorney General Merrick B. Garland. “This expansion builds on the Justice Department’s existing work to hold accountable those who steal funds from older adults, including by returning those funds to the victims where possible.”
“My office is committed to ensuring that the elderly and other vulnerable citizens avoid falling victim to financial exploitation,” said U.S Attorney Cindy K. Chung. “In addition to prosecution, prevention is an important component of our work. I encourage citizens of all ages make use of the Department’s resources and educate themselves on how not to fall prey to a scammer.”
During the period from September 2021 to September 2022, Department personnel and its law enforcement partners pursued approximately 260 cases involving more than 600 defendants, both bringing new cases and advancing those previously charged.
The Department also highlighted three other efforts: expansion of the Transnational Elder Fraud Task Force, success in returning money to victims and efforts to combat grandparent scams.
The Department announced that as part of its continuing efforts to protect older adults and bring perpetrators of fraud schemes to justice it is expanding the Transnational Elder Fraud Strike Force, adding 14 new U.S. Attorney’s Offices. Expansion of the Strike Force will help to coordinate the Department’s ongoing efforts to combat largest and most harmful fraud schemes that target or disproportionately impact older adults.
In the past year, the Department has notified over 550,000 people that they may be eligible for remission payments. Notifications were made to consumers whose information was sold by one of three data companies prosecuted by the Department and were later victims of “sweepstakes” or “astrology” solicitations that falsely promised prizes or individualized services in return for a fee. More than 150,000 of those victims cashed checks totaling $52 million, and thousands more are eligible to receive checks. Also notified were consumers who paid fraudsters perpetrating person-in-need scams and job scams via Western Union. In the past year, the Department has identified and contacted over 300,000 consumers who may be eligible for remission. Since March of 2020 more than 148,000 victims have received more than $366 million as a result of a 2017 criminal resolution with Western Union for the company’s willful failure to maintain an effective anti-money laundering program and its aiding and abetting of wire fraud.
This year in the Western District of Pennsylvania, two residents of California were charged in a multi-million-dollar conspiracy to defraud elderly victims by deceiving them into believing their bank accounts had been compromised, and directing them to transfer funds into accounts that had been opened with stolen personally identifying information and were under the control of the defendants. As part of the fraud, one victim in the Western District of Pennsylvania was caused to liquidate retirement accounts exceeding $1.2 million in value. But, as part of the investigation, investigators seized more than $1 million in cryptocurrency that can be remitted to the victims.
Over the past year, the Department also pursued cases against the perpetrators of “grandparent scams,” otherwise known as “person-in-need scams.” These scams typically begin when a fraudster, often based overseas, contacts an older adult and poses as either a grandchild, other family member or someone calling on behalf of a family member. Call recipients are told that their family member is in jeopardy and is urgently in need of money. When recently sentencing one of eight perpetrators of a grandparent scam indicted under the Racketeer Influenced and Corrupt Organizations Act, a federal judge described such scams “heartbreakingly evil.” The Department is working with government partners and others to raise awareness about these schemes.
Since November 2021, six individuals have been indicted for their role in executing grandparent scams in Pittsburgh and elsewhere. Three of these individuals had targeted Pittsburgh in September 2021 with a grandparent scam that had also been active in New Hampshire. The other three defendants targeted Pittsburgh in February 2022, as well as communities in Tennessee, Georgia, and other locations.
Reporting from consumers about fraud and fraud attempts is critical to law enforcements efforts to investigate and prosecute schemes targeting older adults. If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available the National Elder Fraud Hotline: 1-833 FRAUD-11 (1-833-372-8311). This Department of Justice Hotline, managed by the Office for Victims of Crime, is staffed by experienced professional who provide personalized support to callers by assessing the needs of the victim and identifying next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting or connect them with agencies, and provide resources and referrals on a case-by-case basis. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. ET. English, Spanish and other languages are available. More information about the Department’s elder justice efforts can be found on the Department’s Elder Justice website, www.elderjustice.gov.
Some of the cases that comprise today’s announcement are charges, which are merely allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Waterloo Man Sentenced for Possessing a Firearm as a FelonRead the Press Release
A man who possessed a firearm as a felon was sentenced today to almost five years in federal prison.
Dorondis Cooper, age 36, from Waterloo, Iowa, received the prison term after an April 11, 2022, guilty plea to one count of possession of a firearm by a felon.
At the guilty plea, Cooper admitted that, on December 22, 2021, he knowingly possessed a firearm, a HiPoint Model C9, 9mm handgun, as a prohibited person. On December 21, police officers responded to a residence in Waterloo regarding a report of a man with a gun. Cooper had discharged a firearm in the upstairs of the house while intoxicated. After hearing the gunshot, a resident of the house hid four minor children in a bathroom. Cooper then argued with the resident, who was standing between Cooper and the bathroom, while Cooper waved the gun around. Cooper drove off and was arrested when he returned to the house. Waterloo Police officers found the loaded handgun on the front passenger seat of Cooper’s car. Cooper was prohibited from possessing a firearm because he was previously convicted on May 23, 2005, of Ongoing Criminal Conduct and Intimidation with a Dangerous Weapon, both felonies. In that case, Cooper and others shot into an occupied house in Waterloo, killing a woman within.
Cooper was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Cooper was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Cooper is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Lisa C. Williams and Daniel C. Tvedt and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-2009.
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U.S. Attorney Parker recognizes community & law enforcement in first annual awardsRead the Press Release
CINCINNATI – United States Attorney Kenneth L. Parker announced seven law enforcement and community awards today.
The U.S. Attorney is presenting the awards to individuals or groups nominated for their bravery and sacrifice, law enforcement excellence, focus on violent crime, protection of children and positive impact on their communities.
“Each and every day in the Southern District of Ohio, we have community and law enforcement members working diligently to improve our communities,” said U.S. Attorney Parker. “These individuals and groups dedicate their time and talents to bettering our District and they deserve to be recognized.”
The awardees include:
Kaia Grant Badge of Bravery and Sacrifice Award
Deputy U.S. Marshal David Youngless, Jr.
On Dec. 8, 2021, the United States Marshals Service (USMS) Southern District of Ohio, Southern Ohio Fugitive Apprehension Strike Team (SOFAST) conducted a fugitive investigation for an individual wanted by the Columbus Division of Police for robbery.
During the search, the team encountered the fugitive in a bedroom on the second floor of the home. As the officers were taking her into custody, her male companion, who was hiding in a nearby closet, opened fire and shot Deputy United States Marshal David Youngless Jr., the team leader of Columbus SOFAST.
“Deputy Youngless’ professionalism and bravery was evident in the way he stayed in control of the team. Deputy Youngless remained poised and continued to direct the actions of the team while calming both the team and others inside the home,” said U.S. Attorney Parker.
The bullet that struck Deputy Youngless entered through his arm, ricocheted off his spine breaking two vertebrae, and lodged in his chest. Deputy Youngless spent four nights in the hospital before being released.
Law Enforcement Excellence
Sgt. Shawn Gruber (Columbus Division of Police)
Sgt. Gruber led the Zone 2 Summer Safety Initiative in Columbus. During a six-week period, Sgt. Gruber and his team recovered 17 firearms, including an automatic weapon, from numerous known gang members. The seized weapons helped further unsolved homicide investigations.
Sgt. Gruber and his team made 35 felony arrests and seized at least half a kilogram of crack cocaine along with numerous other narcotics.
Project Safe Neighborhood’s Guardian Award
Det. & Task Force Officer Sam Chappell (Columbus Division of Police)
Every firearm recovered in the city of Columbus includes a report that is reviewed by Columbus Division of Police Detective and ATF Task Force Officer Sam Chappell. TFO Chappell then gathers and presents all related information to state and federal prosecutors to determine the most appropriate venue for potential prosecution. Many of the cases TFO Chappell has opened in 2022 are domestic violence related.
One of TFO Chappell’s firearms trafficking cases led to the seizure of 31 firearms from one home that were slated to be sold on open forums to anyone who wanted them.
Project Safe Childhood Shield of Innocence
Det. & Task Force Officer Brett Peachey (Westerville Division of Police)
Westerville Detective Brett Peachey has been a dedicated Task Force Officer with the FBI’s Crimes Against Children Unit and the Franklin County Internet Crimes Against Children task force for nearly 14 of his 27 years of law enforcement service.
During his tenure, TFO Peachey has arrested hundreds of child pornography offenders and rescued countless children. He’s stopped numerous dangerous pedophiles through undercover online chat communications and continues to tirelessly pursue the most heinous offenders.
Polaris Community Service Award
Maj. Brian Johns (Dayton Police Department)
Maj. Brian Johns, Commander of the Investigations Division, was awarded the Polaris Community Service Award for his role in an innovative new program aimed at helping youth recover from trauma.
In 2022, the Dayton Police Department organized a special summer program for local youths that have experienced trauma either through being a victim or witness to a crime, or the loss of a parent or close loved one to violence or overdose. The Youth Recovery Outdoor Summer Program featured eight days of outdoor activities throughout the summer months (one day per week over eight weeks), allowing them to find positive ways to deal with stress and loss, learn a new hobby or skill, increase self-confidence, and spend time with other youths going through similar situations.
Maj. Johns was nominated by the Dayton YWCA, writing, “Having the opportunity to connect the youth we serve with a program tailored to their needs and considerate of their challenges – a program that reinforces that they are seen, heard, and valued – is life-changing, and helps to expedite the healing process.”
Five children in the YWCA’s domestic violence shelters participated in this summer’s program.
Serve Thy Neighbor Award
FBI Cincinnati Citizens’ Academy Alumni Association
The FBICCAAA is a nonprofit organization separate and apart from the FBI that is comprised of graduates from the FBI’s Citizens Academy program who wish to support area law enforcement organizations and give back to the community. In recent years, the nonprofit group has had a positive impact on the community by raising awareness of human trafficking in Southern Ohio.
For the last two years, the group has held a fundraising event to support anti-trafficking programs in our area. More than $6,000 has been donated to End Slavery Cincinnati, Hope House in Dayton, and Out of Darkness in Columbus. This total does not include funds raised at the third annual event that occurred on Oct. 2 at Topgolf in Cincinnati.
The FBICCAAA raised funds to purchase backpacks and supplies that could be given to women served by the Survivor Advocacy Outreach Program (SAOP) in Nelsonville, Ohio. SAOP works with survivors of human trafficking and domestic violence in seven southeastern Ohio counties. Members of the FBICCAAA put together 50 survivor backpacks filled with comfort items, toiletries, snacks, and other necessities. SAOP plans to distribute the backpacks throughout Southeast Ohio to sex trafficking victims, many of whom are homeless and have little or nothing of their own.
Serve Thy Neighbor Award
Malissa Thomas-St. Clair (Mothers of Murdered Columbus Children)
Malissa Thomas-St. Clair, the president and founder of Mothers of Murdered Columbus Children, coordinates a small army of mothers affectionately referred to as Sister Soldiers.
“Tragically, admission to the group is predicated by the most unthinkable act – a mother losing a child to violence,” said U.S. Attorney Parker. “Ms. Thomas-St. Clair has taken her own personal loss and turned the pain into a vehicle to advocate for others.”
Ms. Thomas-St. Clair has created a powerful support network for those losing a loved one to violence. These ladies, often dressed in orange and camouflage, tirelessly take to the streets to advocate for violence reduction and improved relations between the police and the community
“Each award recipient in this first annual set of law enforcement awards highlights that we make better, stronger communities when we work together,” added U.S. Attorney Parker. “I’m proud to work alongside such innovative and devoted members of our community, law enforcement and otherwise.”
For more information about the U.S. Attorney’s Office’s annual law enforcement awards, please contact Law Enforcement Coordinator Mitchell Seckman at 614-469-5715.
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Two men sentenced after selling drugs in Home Depot parking lotRead the Press Release
LAREDO, Texas – A local man and Mexican national have been ordered to federal prison following their roles in a conspiracy to distribute 42.5 kilograms of cocaine, announced U.S. Attorney Jennifer B. Lowery.
Frederico Hernandez, 29, Tamaulipas, Mexico, and Miguel Angel Cruz-Recio, 44, Laredo, pleaded guilty Oct. 2, 2019.
Today, U.S. District Judge Marina Garcia Marmolejo handed Cruz-Recio a sentence of 120 months in federal prison to be immediately followed by five years of supervised release. Hernandez was previously sentenced to 40 months. Not a U.S. citizen, he is expected to face removal proceedings following his incarceration. At the hearings, the court heard evidence including the high amount of drugs found. While imposing the sentences, Judge Marmolejo noted the seriousness of the crime.
At the time of their pleas, both men admitted that on June 7, 2019, they conducted a drug transaction involving 5.5 kilograms of cocaine at a Home Depot parking lot located in Laredo.
Hernandez had left the scene but authorities attempted to conduct a traffic stop on the vehicle Cruz-Recio was driving. That ultimately led to a brief police chase that ended as he crashed his vehicle into a telephone pole. He attempted to flee on foot, but was soon apprehended.
Authorities later discovered an additional 37 kilograms of cocaine and a handgun at Cruz-Recio’s residence. Law enforcement apprehended Hernandez as he attempted to apply for entry into Laredo from Mexico at the Gateway to the Americas Bridge.
Hernandez and Cruz-Recio have 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 conducted the investigation with the assistance of the Laredo Police Department. Assistant U.S. Attorney Paul Harrison is prosecuting the case.
Tulsa Man Sentenced to over 8 Years in Federal Prison for Drug TraffickingRead the Press Release
FAYETTEVILLE – A Tulsa, Oklahoma man was sentenced today to 100 months in prison followed by three years of supervised release on one count of Distribution of Heroin. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court documents, detectives with the Benton County Drug Unit and 4th Judicial District Drug Task Force received information that Jeremy Burns Dodson, age 43, was distributing heroin in the Northwest Arkansas area. Beginning in the month of November of 2020, detectives conducted multiple controlled purchases of heroin from Dodson.
The heroin purchased was tested by the Arkansas State Crime laboratory and was confirmed to be heroin.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Benton County Drug Unit and the 4th Judicial District Drug Task Force investigated the case.
Assistant U.S. Attorney Kevin Eaton prosecuted the case.
Tulsa Man Charged After Attacking a Church Employee and Throwing Two Molotov Cocktails at the ChurchRead the Press Release
UPDATE
The defendant in this case, Daniel Christopher Edwards, is found not guilty only by reason of insanity of the crimes charged in the Superseding Indictment. Edwards is hereby committed to the custody of the Attorney General for placement in a suitable facility until he is eligible for release, pursuant to statute.
A Tulsa man who allegedly attacked a church employee then threw two Molotov cocktails at Holy Family Cathedral Church in Tulsa has been charged in federal court, announced U.S. Attorney Clint Johnson.
Daniel Christopher Edwards was charged with unlawful possession of an unregistered incendiary bomb.
According to the Criminal Complaint, on the afternoon of Oct. 5, 2022, first responders were called about the incident and arrived at the church, located at 820 S. Boulder Avenue in Tulsa. A church employee was found with defensive laceration wounds in the basement of the Holy Family Classical School and was transported to a hospital where he underwent surgery for his injuries. Tulsa police and ATF personnel then retrieved surveillance video from the church that captured the attack.
The video showed Edwards bringing a red and white cooler into a breezeway on the side of the church. The church employee made initial contact with the Edwards who then allegedly pulled a sword from inside his clothing and began attacking the employee the weapon. The victim fled back into the church.
The video showed Edwards walking back to the cooler and pulling a glass object from it. He then allegedly lit a piece of fabric, which functioned as a wick, on fire. This type of device is commonly referred to as a Molotov cocktail. After lighting the suspected Molotov cocktail on fire, Edwards then threw it at the church’s exterior wall. When it hit the wall, the Molotov cocktail ignited. He subsequently lit another suspected Molotov cocktail and threw it toward the church. Edwards then left the scene, leaving behind the cooler which also caught fire.
Law enforcement later located and apprehended Edwards at a Reasor’s grocery store located on Sheridan Road in Tulsa.
This matter will proceed in U.S. District Court in Tulsa, where the Complaint is currently pending. A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt.
All defendants are presumed innocent until proven guilty in a court of law.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Tulsa Police Department, and FBI are the investigative agencies. Assistant U.S. Attorney Robert T. Raley is prosecuting the case. AUSA Raley is the National Security Anti-Terrorism (ATAC) prosecutor for the U.S. Attorney’s Office in the Northern District of Oklahoma.
Tijuana Man Pleads Guilty to “Double-Broker” Scheme Targeting San Diego TruckersRead the Press Release
Assistant U. S. Attorney Joseph Green (619) 546-6955
NEWS RELEASE SUMMARY – October 6, 2022
SAN DIEGO – Tijuana resident Alexis Castillo Padilla pleaded guilty in federal court today to criminal charges stemming from his scheme to defraud interstate carriers and brokers operating in the trucking industry.
According to his plea agreement, Padilla conducted what is known as a “double-broker” scheme. As a part of the scheme, Padilla stole the identity of a Spring Valley interstate carrier and agreed to make deliveries using the company’s stolen identity. Then, rather than delivering the loads, Padilla posed as a shipper and re-brokered the same loads to other carriers who delivered the freight. Padilla then collected the payments for the completed deliveries but did not pay the carriers who actually delivered the loads and were unaware that Padilla was running a double-broker scheme. Padilla orchestrated most of the scheme from Tijuana, Mexico.
Padilla pleaded guilty to these charges following his extradition to the United States from Italy. Padilla was arrested in Italy and extradited to the United States on May 27, 2022. As a part of his plea agreement, Padilla has agreed to pay restitution to his victims, estimated to be at least $239,904.
“Padilla used deceit and deception to defraud freight brokers and interstate carriers trying to make an honest living moving goods throughout the United States,” said U.S. Attorney Randy Grossman. “He will now be held to account for his crimes even though they were committed from outside the United States.” Grossman commended the prosecution team as well as the Department of Transportation, Office of Inspector General agents for investigating and prosecuting this case.”
“Today’s guilty plea demonstrates our commitment to detecting and pursuing those who engage in egregious acts of fraud that negatively affect both businesses and consumers,” said Andrea M. Kropf, Special Agent-In-Charge, Department of Transportation Office of Inspector General, Midwestern Region. “We are proud of our work with our prosecutorial partners in putting an end to this very complex ‘double-broker’ scheme.”
Padilla is scheduled to be sentenced by U.S. District Judge John A. Houston on December 7, 2022, at 10:00 a.m. before U.S. District Judge John A. Houston.
DEFENDANT Case Number 19CR1611-JAH
Alexis Castillo Padilla Age 45 Tijuana, Mexico
SUMMARY OF CHARGES
Counts 1-4: Wire Fraud, 18 U.S.C. § 1343
Maximum Penalty: Twenty years in prison, $250,000 fine
INVESTIGATING AGENCY
Department of Transportation, Office of Inspector General
Texas Man Pleads Guilty to Delivering Contraband to Prison via DroneRead the Press Release
A Smithville man plead guilty Wednesday to flying a drone loaded with drugs and other contraband into prison, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Bryant LeRay Henderson, 42, was charged via criminal complaint in August. Yesterday, he pleaded guilty to a criminal information charging one count of attempt to provide contraband to a prisoner before U.S. Magistrate Judge Jeffrey L. Cureton.
“Contraband drone deliveries are quickly becoming the bane of prison officials’ existence. Illicit goods pose a threat to guards and inmates alike – and when it comes to cell phones, the threat often extends outside prison walls. We are determined to stop this trend in its tracks,” said U.S. Attorney Chad Meacham.
“The criminal element will always take advantage of new opportunities for illegal activity as technology progresses,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “In this instance, excellent collaborative investigation among federal and local agencies led to federal charges and prevented contraband from entering the federal prison system.”
In plea papers, Mr. Henderson admitted to flying a drone loaded with contraband – including methamphetamine, THC, tobacco, cell phones, and mp3 players – into the airspace of FMC Fort Worth, a federal correctional center in the south part of the city. He admitted he knew the drone was carrying prohibited items and that he piloted it.
According to court documents, the drone, DJI inspire, crashed inside a secure, fenced-in yard near the prison’s HVAC shop, where staff recovered it.
Law enforcement pulled surveillance video from a nearby high school and observed a Mr. Henderson drive up in a red Chevy Taho, remove a drone and a package from the vehicle, launch the drone towards the prison, and then drive off.
Shortly thereafter, they recovered the Chevy, where they found a DJI drone controller, various drone accessories (rechargeable batteries, a propeller box, and dropping mechanisms), and 18 smartphones.
They powered on the controller recovered from the car next to the drone recovered from the prison yard. The devices immediately paired.
From the drone, investigators recovered 70 usable flight logs, which included date/time stamps as well as speed, height, and location data. They identified four flights that intruded into FMC Fort Worth’s airspace, and another two that intruded into airspace over FCI Seagoville, another federal correctional center southeast of Dallas.
Law enforcement then queried Mr. Henderson’s cell records and found that the phone was near FMC Fort Worth around the time of the drone cash, and near FCI Seagoville near the time of the drone’s flight into the prison’s airspace.
The Department of Transportation Office of Inspector General queried the FAA’s database and reported that Mr. Henderson did not possess an airman’s certification, and that the drone in question was registered to another owner who cancelled his registration in August 2018. FAA records confirmed that the federal correctional institutions were restricted flight areas.
Mr. Henderson now faces up to 20 years in federal prison.
Drone delivery of contraband is an increasingly vexing problem for the Federal Bureau of Prisons and state corrections officials. Just last month, a 44-year-old Houston man was charged in the Eastern District of Texas for allegedly operating a drone over FCI Beaumont in east Texas. In April, a 30-year-old former inmate pleaded guilty to conspiring to smuggle phones and tobacco into FCI Fort Dix in New Jersey. And last fall, three Atlanta men were sentenced to a year each in federal prison for using drones to smuggle contraband into Telfair State Prison in Georgia.
The Federal Bureau of Investigation’s Dallas Field Office – Fort Worth Resident Agency, the Bureau of Prisons Special Investigative Staff, and the Fort Worth Police Department conducted the investigation with the assistance of the Department of Transportation Office of Inspector General, the Federal Aviation Administration, and the Dallas Police Department. Assistant U.S. Attorney Levi Thomas is prosecuting the case.
State Prison Inmate Sentenced to 11 Years in Federal Prison for Smuggling Methamphetamine into Pelican Bay State PrisonRead the Press Release
SACRAMENTO, Calif. — Patrick Botello, 36, of Richmond, was sentenced today to 11 years and three months in prison for participating in a conspiracy to possess with intent to distribute methamphetamine and heroin, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Botello and another inmate incarcerated at California’s Pelican Bay State Prison arranged with four people outside the prison to obtain methamphetamine and heroin, conceal the drugs within balloons, and then smuggle the drugs into the prison.
Botello was one of 27 federal defendants arrested in February 2018 on narcotics and weapons-related charges as part of Operation Silent Night, a multi‑agency law enforcement investigation into coordinated criminal activity in Woodland. Beginning in the spring of 2016, the investigation uncovered organized criminal activity in Woodland with ties to criminal organizations in California’s jail and prison system. Although centered in Yolo County, the investigation revealed that at least nine other California counties were negatively impacted by these criminal organizations: Sacramento, Sutter, Colusa, Yuba, Del Norte, Solano, Fresno, Santa Clara, and Siskiyou.
Operation Silent Night is the product of an investigation by the FBI, the California Department of Corrections and Rehabilitation, the Yolo County District Attorney’s Office, the Woodland Police Department, and the California Highway Patrol. The following agencies provided substantial assistance: the Colusa County Sheriff’s Office, the Sacramento Police Department, the Sacramento County Sheriff’s Office, the West Sacramento Police Department, the Yolo County Sheriff’s Office, the Davis Police Department, the Yuba City Police Department, the Yuba County Sheriff’s Office, the Sutter County Sheriff’s Office, the Solano County Sheriff’s Office, the Vacaville Police Department, the Correctional Intelligence Task Force, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the U.S. Postal Inspection Service, and the Drug Enforcement Administration. Assistant U.S. Attorney Justin Lee is prosecuting the cases.
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 www.justice.gov/OCDETF.
St. Louis County Man Sentenced to 12 Years in Prison for Selling Fentanyl That Killed Pregnant WomanRead the Press Release
ST. LOUIS – U.S. District Judge Matthew T. Schelp on Thursday sentenced a man from St. Louis County to 12 years in prison for selling the fentanyl that killed a pregnant woman in 2018.
Judge Schelp also ordered Raymond Blankenship, 27, to pay restitution of $10,300 to the victim’s mother.
Blankenship sold fentanyl capsules to the woman on Sept. 17, 2018. She originally tried to buy a painkiller from Blankenship via Facebook Messenger. Blankenship said he was out, but would call someone else to see if they had any drugs. They later arranged to meet. Blankenship knew he was providing the victim fentanyl, and knew she was pregnant.
She died a few hours later of acute fentanyl intoxication. The victim’s family found her after the overdose but was unable to save her. She left behind a young son.
“Our world is forever changed,” one of the victim’s relatives told Judge Schelp Thursday. “Fentanyl is the work of the devil.”
After the woman’s death, St. Louis County police detectives posed as the woman and arranged to buy more drugs from Blankenship. When police tried to arrest him, Blankenship ran and swallowed some capsules containing fentanyl.
The case was investigated by the St. Louis County Police Department.
St. Charles County Man Admits Downloading and Sharing Child PornographyRead the Press Release
ST. LOUIS – A man from St. Peters, Missouri on Thursday admitted downloading and sharing child pornography via a variety of social media apps.
Eric Crews, 37, pleaded guilty to a charge of possession of child pornography in front of U.S. District Judge Rodney W. Sippel. Crews admitted using social media to send and receive child pornography, including via large group chats.
The investigation began when Crews uploaded 14 files containing child sexual abuse material to Kik Messenger on Nov. 11, 2020, and shared them with at least one other Kik user.
A tip from the messaging app to the National Center for Missing and Exploited Children resulted in a court-approved search of Crews’ home by St. Charles County police on June 15, 2021. Investigators found at least 5,400 images and 610 videos containing child pornography on Crews’ Apple iPhone. Also on the phone was evidence of Crews’ use of Viber, WhatsApp and TamTam accounts to obtain child sexual abuse material, his plea agreement says.
Crews could face up to 20 years in prison, a $250,000 fine, or both when sentenced January 6.
The St. Charles County Police Department and the FBI investigated this case. Assistant U.S. Attorney Jillian Anderson 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 the Department of Justice Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
St. Bernard Parish Man Admits to Student Aid Fraud of over $74,000Read the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that ROBERT JOHN, age 46, from St. Bernard Parish, Louisiana, pled guilty on to conspiring to commit student aid fraud.
According to court documents, JOHN conspired with others to submit fraudulent applications for student loans and grants to two local community colleges, using the names of seven different applicants. In total, the Department of Education paid over $74,000 in loan and grant funds in connection with the fraudulent applications. The applications contained false information for all applicants, and several of the applicants did not even qualify for community college because they had not graduated high school or obtained GEDs.
JOHN faces up to five years in prison, up to three years of supervised release, a fine of up to $250,000 or twice the gross gain to JOHN or the gross loss to any victims, as well as a mandatory $100 special assessment fee per count. Under the terms of the plea agreement, JOHN agreed to pay back $74,576.10 to the Department of Education as restitution. Judge Lance M. Africk set the sentencing hearing for January 11, 2023.
U.S. Attorney Evans praised the work of the Department of Education Office of Inspector General and the United States Postal Inspection Service. Assistant United States Attorney Nicholas D. Moses is in charge of the prosecution.
Southern Oregon Man Twice Convicted for Involvement in Shootings Sentenced to Federal Prison for Illegal Firearm PossessionRead the Press Release
MEDFORD, Ore.—A Medford man with previous felony convictions for his involvement in two Medford area shootings was sentenced to federal prison today after he was found by police in possession of a firearm.
Hunter Talon Marlow, 26, was sentenced to 60 months in federal prison and three years’ supervised release.
According to court documents, on October 20, 2021, a witness contacted law enforcement after observing Marlow actively searching for a person who had shot at him in an attempt to retaliate. Marlow, who was previously convicted and served time in prison for shootings in 2014 and 2017, was prohibited from using or possessing a firearm. Later on October 20th, an officer from the Medford Police Department observed Marlow driving and attempted a felony traffic stop. After initially refusing to comply, Marlow surrendered to offices and was arrested. Officers found a loaded semi-automatic pistol with attached forty-round drum magazine in Marlow’s car.
On February 3, 2022, a federal grand jury in Medford returned an indictment charging Marlow with illegally possessing a firearm and ammunition as a convicted felon. On June 22, 2022, Marlow pleaded guilty to the single charge.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Medford Police Department. It was prosecuted by Marco Boccato, Assistant U.S. Attorney for the District of Oregon.
South Bend Man Sentenced to 100 Months in PrisonRead the Press Release
SOUTH BEND – Shamond Jenkins, 20 years old, of South Bend, Indiana, was sentenced by United States District Court Chief Judge Jon E. DeGuilio after being found guilty by a jury in December 2021, of bank robbery, announced United States Attorney Clifford D. Johnson.
Jenkins was sentenced to 100 months in prison, 2 years of supervised release and ordered to pay $1,965 in restitution.
According to documents in the case, in December 2020, Jenkins went to a bank and handed over a note threatening to kill an employee if the employee did not give him cash. As employees were gathering cash out of the teller drawers to give to Jenkins, he repeatedly told them he was prepared to kill them. He fled with the cash and was arrested in January 2021.
This case was investigated by the Federal Bureau of Investigation with the assistance of the South Bend Police Department and the Mishawaka Police Department. This case was prosecuted by Assistant United States Attorney Joel R. Gabrielse.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Sioux City Man Sentenced to over Ten Years in Federal Prison for Possessing Child PornographyRead the Press Release
A Sioux City man who possessed child pornography was sentenced October 5, 2022, to 13 years in federal prison. Mario Josue Reyes, age 22, received the prison term after a May 4, 2022, guilty plea to two counts of possession of child pornography.
In a plea agreement, Reyes admitted to possessing child pornography. Reyes admitted to using a phone to video himself engaged in sexual conduct with a minor child who was 12 and 13 at the time of the incidents. Reyes also admitted to giving the minor marijuana and LSD.
Reyes was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Reyes was sentenced to 156 months’ imprisonment. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
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.”
Reyes is being held in the United States Marshal’s custody until he be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Ron Timmons and investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-4011.
Follow us on Twitter @USAO_NDIA.
Second Conspirator in Kidnapping Plot Who Cooperated Gets Four Years in PrisonRead the Press Release
Kaleb Franks testified in both federal trials
GRAND RAPIDS, MICHIGAN — The U.S. Attorney’s Office for the Western District of Michigan announced today that Kaleb Franks, one of four conspirators convicted of plotting to kidnap the Governor of Michigan, was sentenced to 48 months (4 years) in federal prison, to be followed by three years of court supervision. In addition, he is required to pay a fine of $2,500.
Franks pled guilty early this year and agreed to cooperate with the government. Though he faced up to life in prison, the Hon. Robert J. Jonker, District Judge, determined the ultimate sentence after evaluating Franks’ assistance to the government and the applicable federal Sentencing Guidelines, and considering the statutory sentencing factors, including the nature and circumstances of the offense; the history and characteristics of the defendant; the seriousness of the offense; and the need to promote respect for the law, to provide just punishment, and protect the public from future crimes of the defendant.
Franks testified at both federal trials, which cumulatively resulted in the convictions of co-defendants Adam Fox and Barry Croft and the acquittals of Daniel Harris and Brandon Caserta. Ty Garbin was the first to plead guilty and cooperate. Garbin initially received a sentence of 75 months (6¼ years) in prison, which the district court later reduced to a term of 30 months (2½ years) in prison after fully considering his cooperation at both trials. Fox and Croft await sentencing in December.
The FBI’s Detroit Field Office investigated the case with valuable assistance provided by the FBI’s Baltimore Field Office and the Joint Terrorism Task Force, including Michigan State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The U.S. Attorney’s Office for the Western District of Michigan charged the case and conducted the trials, with valuable assistance provided by the National Security Division’s Counterterrorism Section.
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Schofield Man Sentenced to 24 Months for Making False Statements During Purchase of FirearmsRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Kyle Ritchie, 31, Schofield, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 24 months in federal prison for making false statements during the purchase of firearms. This prison term will be followed by 3 years of supervised release. Ritchie pleaded guilty to this charge on July 15, 2022.
Between May 23 and 28, 2021, Ritchie purchased four firearms from federally licensed firearm dealers in the Wausau, Wisconsin area. In order to complete the purchases of these firearms, the defendant represented that he was the actual buyer of these firearms when in fact he was not. An investigation by law enforcement revealed Ritchie purchased these firearms for Victor Pennington, who in exchange provided methamphetamine to Ritchie.
Pennington, who is prohibited from purchasing firearms as a result of multiple Wisconsin felony convictions, pleaded guilty to a federal charge of conspiracy to distribute methamphetamine on September 27, 2022. Pennington will be sentenced by Judge Conley on January 4, 2023.
At the sentencing hearing, Judge Conley stated that the seriousness of the defendant’s offense warranted a prison sentence, despite the fact he has not before served a prison sentence. Judge Conley also found that Ritchie knew he was purchasing guns for a known drug dealer, and that the defendant’s own addiction did not excuse his crimes.
The charge against Ritchie was a result of an investigation conducted by the Central Wisconsin Narcotics Task Force; Wisconsin Department of Justice Division of Criminal Investigation; and Federal Bureau of Investigation. The prosecution of this case has been handled by Assistant U.S. Attorney Taylor L. Kraus.
Rutland Woman Charged with Convenience Store RobberyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Ashley Lobdell, 25, of Rutland, Vermont was arrested last night for interfering with commerce by robbery. Lobdell was charged today by Criminal Complaint, and is scheduled to appear tomorrow before United States Magistrate Judge Kevin J. Doyle.
According to court records, Lobdell is accused of robbing the Jolley Mart store located at 128 Grove Street on September 25, 2022. Lobdell is alleged to have displayed a large steak knife to the clerk, and demanded cash from the register. Investigators were able to use surveillance video from the area of the robbery to identify Lobdell as the robber.
The United States Attorney’s Office emphasizes that a Criminal Complaint contains allegations only and that Lobdell remains presumed innocent until and unless she is convicted of a crime. Lobdell faces a maximum sentence of 20 years of imprisonment on the robbery charge.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Lobdell is represented by Mark Oettinger, Esq.
Rutland Man Charged with Convenience Store RobberyRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that David R. Markie, 40, of Rutland, Vermont was arrested last night for interfering with commerce by robbery. Markie was charged today by Criminal Complaint, and is scheduled to appear tomorrow before United States Magistrate Judge Kevin J. Doyle.
According to court records, Markie is accused of robbing the Jiffy Mart store located at 215 North Main Street in Rutland on October 3, 2022. Markie is alleged to have worn a lime-green face covering in the store while displaying a knife and demanding cash from the register. Investigators were able to locate the distinctive mask and to link Markie to discarded clothing consistent with the clothing worn by the robber.
The United States Attorney’s Office emphasizes that a Criminal Complaint contains allegations only and that Markie remains presumed innocent until and unless he is convicted of a crime. Markie faces a maximum sentence of 20 years of imprisonment on the robbery charge.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Rutland City Police Department and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Markie is represented by the Office of the Federal Public Defender.
Rocky Mount Man Pleads Guilty to Federal Firearm Charges After Shooting into Multiple Homes and VehiclesRead the Press Release
NEW BERN, N.C. – Jaquan Raqueze Harris, 27, man pleaded guilty today to Possession of a Firearm by a Convicted Felon. For this charge, Harris faces up to ten (10) years’ imprisonment. Harris is from Rocky Mount, North Carolina.
According to information presented in court and court documents, Harris illegally possessed a firearm when he shot indiscriminately into multiple homes along Parkridge Road and Walbrook Court, in Rocky Mount. On May 19, 2021, the Rocky Mount Police Department responded to a Shots Fired call at the corner of the 1700 block of Parkridge Road. Witnesses on scene advised they heard between 20 and 30 gunshots in a rapid succession late at night. Multiple residents on the block had projectiles strike and enter their homes and vehicles. Officers recovered over 25 spent shell casings and a semi-automatic rifle at the crime scene. Surveillance footage from a resident’s home security system captured Harris behind the home and armed with a black-in-color semi-automatic rifle. Harris is observed yelling and firing his rifle indiscriminately before fleeing the scene on foot and discarding the rifle. Rocky Mount Police arrested Harris the next day. Ballistics testing confirmed the spent shell casings from the crime scene matched the rifle Harris left at the crime scene. Harris was a convicted felon at the time and was prohibited from possessing firearms.
The conviction is a result of the ongoing Violent Crime Action Plan (VCAP) initiative which is collaborative effort with local, state and federal law enforcement agencies, working with the community, to identify and address the most significant drivers of violent crime. Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. Magistrate Judge Robert B. Jones, Jr. accepted the plea. The Rocky Mount Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating the case and Assistant U.S. Attorney Aakash Singh is prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:22-CR-120-FL.
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Rocky Mount Man Faces 10 Years in Prison after Pleading Guilty to Drug and Firearm ChargesRead the Press Release
NEW BERN, N.C. – Kelvin Earl Pittman, 46, pleaded guilty to drug trafficking and firearm charges. For these charges, Pittman faces a mandatory sentence of ten (10) years’ imprisonment. Pittman is from Rocky Mount, North Carolina.
According to information presented in court and court documents, Pittman conspired with others to sell guns and cocaine base (crack) illegally in Rocky Mount between August 2020 and January 2021. The Nash County Sheriff’s Office’s investigation captured Pittman on video conducting multiple drug and firearm sales from his residence. Pittman held himself out as a dealer of firearms and provided discounts to buyers if they purchased drugs and firearms together. In total, the Sheriff’s Office seized over an ounce of cocaine base (crack) and four (4) firearms from Pittman. Pittman was a convicted felon at the time and was prohibited from possessing firearms.
Pittman pleaded guilty to Conspiracy to Distribute and Possess with the Intent to Distribute 28 Grams or More of Cocaine Base (Crack), Distribution of a Quantity of Cocaine Base (Crack), Possession of a Firearm in Furtherance of a Drug Trafficking Crime, and Possession of Firearm by a Convicted Felon.
The conviction is a result of the ongoing Violent Crime Action Plan (VCAP) initiative which is collaborative effort with local, state and federal law enforcement agencies, working with the community, to identify and address the most significant drivers of violent crime. Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. Magistrate Judge Robert B. Jones, Jr. accepted the plea. The Nash County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating the case and Assistant U.S. Attorney Aakash Singh is prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:21-CR-71-FL.
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Rochester Man Pleads Guilty to Narcotics Conspiracy and Gun ChargeRead 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 Timothy Jacobs a/k/a Dollar, 44, of Rochester, NY, pleaded guilty to narcotics conspiracy and possession of a firearm in furtherance of drug trafficking, before U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of life in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that Jacobs was a member of a narcotics conspiracy between 2019 and September 29, 2021. In furtherance of the conspiracy, Jacobs obtained quantities of cocaine from co-conspirators and distributed the cocaine from a Lewis Street residence in Rochester. He also stored cocaine and firearms at that location. On September 29, 2021, investigators executed a search warrant at the Lewis Street residence and recovered a loaded a ghost gun and approximately 20 grams of cocaine, as well as cocaine packaged for sale.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for January 6, 2023, at 11:00 a.m. before Judge Geraci.
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Rochester Man Going to Prison for Transferring Shotgun and Ammunition to Convicted FelonRead 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 Donald P. Oshier, 56, of Rochester, NY, who was convicted of transferring a firearm and ammunition to a convicted felon, was sentenced to serve 12 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that, on October 27, 2020, Oshier gave a 12-gauge shotgun and 25 rounds of ammunition to Stephen Pattison, knowing that Pattison was previously been convicted of a felony. Pattison was convicted of Domestic Assault in the Second Degree in Boone County, Missouri, in December 2016, and was legally prohibited from possessing firearms and ammunition. In addition, Oshier knew that Pattison wanted the shotgun and ammunition for the purpose of shooting Black Lives Matter (BLM) and/or Antifa protesters if they came to his neighborhood, and that Pattison had previously threatened BLM and Antifa protesters with physical harm. Pattison had previously stated, “Go ahead n*****, defund the police so . . . so I can just start (expletive) murderin’ you all in a genocidal rate by (expletive) myself. They’ll be callin’ me the angel of death. They’ll be callin’ me the new Josef Mengele.” Pattison was charged and convicted of being a felon in possession of firearms and ammunition and sentenced to serve 96 months in prison. Pattison’s girlfriend, Rochelle Pfenninger, was convicted of making false statements to the FBI during the investigation, and sentenced to probation with six month of home confinement.
The sentencing is the result of an investigation by the Rochester Joint Terrorism Task Force of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Red Springs Pharmacy Owner Pleads Guilty in Healthcare Fraud SchemeRead the Press Release
NEW BERN, N.C. – James Craig Bell, 63, pleaded guilty today to conspiracy to defraud Medicare, North Carolina Medicaid, and private health insurers through his pharmacy in Red Springs that operated under the name Townsend’s Pharmacy.
“This defendant lined his own pockets with money intended to provide vital prescription drugs for the poor and disadvantaged,” said U.S. Attorney Michael Easley. “We will continue to investigate and prosecute shady schemes like this.”
“Submitting false and excessive claims to Medicare and Medicaid undermines the integrity of federal health care programs and wastes valuable taxpayer dollars,” said Tamala E. Miles, Special Agent in Charge with the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG works tirelessly along with our law enforcement partners to hold accountable perpetrators of federal health care fraud.”
“Medications are expensive enough without pharmacy owners defrauding Medicaid and ripping off taxpayers,” said Attorney General Josh Stein. “These resources are meant to help people get the care and prescriptions they need. I’m grateful for U.S. Attorney Easley and his office’s partnership with my Medicaid Investigations team to hold accountable health care providers who waste these resources.”
According to the criminal information and evidence summarized in Court, beginning as early as 2006 through July 2017, Bell, acting through Townsend’s Pharmacy, billed Medicare, Medicaid, and various private health plans for prescription drugs that were never actually dispensed by the pharmacy. Bell conspired with his employee, Melisha West, 51, of Raleigh. West began independently running the pharmacy’s operations while Bell continued to knowingly profit from the fraudulent billing practices. West pleaded guilty to Healthcare Fraud in January 2022 for her role in the scheme and her sentencing hearing is set for the January 3, 2023 term of court. Bell had trained West and other employees on how to bill health care benefit plans for drugs that were not authorized or dispensed. Bell also trained employees to falsely reauthorize a previously existing prescription from a licensed medical professional, and, how to falsely bill health care benefit programs as though a drug had been dispensed.
Bell pleaded guilty to Conspiracy to Commit Healthcare Fraud. He faces up to 10 years in prison and a potential fine. Sentencing before United States District Judge Louise W. Flanagan is scheduled to occur early next year.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after United States Magistrate Judge Robert Jones accepted the plea. The United States Department of Health and Human Services Office of the Inspector General and the North Carolina Medicaid Criminal Investigation Unit are investigating the case, and Assistant U.S. Attorneys William M. Gilmore and David G. Beraka are prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:22-cr-107-FL.
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Rapid City Man Indicted on Firearm and Drug ChargesRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person, Conspiracy to Distribute a Controlled Substance, and False Statement During Purchase of a Firearm.
Marshall Gibbons, age 22, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on October 5, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Between January 2021 and January 2022, in Rapid City, Gibbons, while conspiring to distribute marijuana, was in possession of a Glock 9mm pistol. Gibbons also made a false written statement while trying to purchase another firearm.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The charges are merely an accusation and Gibbons is presumed innocent until and unless proven guilty.
The investigation is being conducted by Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Gibbons was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Indicted for Illegal Possession of FirearmRead the Press Release
SIOUX FALLS - United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Dustin Huseby, age 24, was indicted in September of 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on October 5, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
In May of 2022, in Rapid City, Huseby, a previously convicted felon who is prohibited from possessing firearms, possessed a Smith & Wesson, model M&P 9 M2.0, 9x19mm Luger caliber, which was found after Huseby 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.
The charge is merely an accusation and Huseby is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Huseby was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Ralls County Woman Admits Embezzling $1.2 millionRead the Press Release
ST. LOUIS – A woman from Ralls County, Missouri on Thursday admitted embezzling more than $1.2 million from her employer over six years.
Stephanie D. Carper, 51, admitted taking advantage of her position as secretary of a family-owned Ralls County agricultural business to write checks to herself. From September 2013 to September 2019, Carper filled in her own name on at least 44 checks that had been pre-signed by the company’s owner and his relatives so they could be used to pay vendors, Carper’s plea agreement says. Carper then wrote in false explanations on bank deposit slips and the check registry to conceal her thefts.
Carper used the money to buy a 2015 Nissan Murano SUV, a 2016 Toyota Tundra pickup, a Caterpillar 247 skid loader and vacations to Alaska and elsewhere, the plea agreement says.
Carper, who has since moved to Eufaula, Alabama, pleaded guilty in front of U.S. District Judge Henry E. Autrey to a felony bank fraud charge. At her sentencing, scheduled for January 9, Carper could face up to 30 years in prison and a $1 million fine. She will also be ordered to repay the money.
The FBI investigated this case. Assistant U.S. Attorney Derek Wiseman prosecuted the case.
Pittsburgh Man Sentenced to 10 Years for Drug and Gun CrimesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, has been sentenced to 10 years imprisonment and six years of supervised release on charges of violating federal firearms and drug laws, United States Attorney Cindy K Chung announced today.
United States District Judge William S. Stickman imposed the sentence on Vaughn Parker, age 40, of the City’s Lincoln-Lemington-Belmar neighborhood.
According to information presented to the Court, on April 1, 2021, detectives with the Pittsburgh Bureau of Police executed a search warrant on a residence located on Pointview Street, in the Homewood section of the City of Pittsburgh. Parker was located inside of the residence and took ownership of anything found on the first floor. During the search of the first-floor detectives located quantities of methamphetamine, cocaine, crack cocaine, and fentanyl consistent to drug dealing. Additionally, detectives located drug packaging materials in the kitchen area along with a stolen loaded semi-auto handgun that was determined to be possessed by Parker in furtherance of his drug trafficking crimes.
Assistant United States Attorney Michael R. Ball prosecuted this case on behalf of the government.
United States Attorney Chung commended the Pittsburgh Bureau of Police and the Drug Enforcement Administration for the investigation leading to the successful prosecution of Vaughn Parker.
Pediatric Dentist and Affiliated Practices to Pay over $750,000 to Resolve False Claims Act AllegationsRead the Press Release
NOTE: The quote from the U.S. Attorney in the press release below has been updated to clarify that the settlement is based on allegations.
NEWARK, N.J. – Pediatric Dentist Barry L. Jacobson and his company, HQRC Management Services LLC (HQRC), along with 13 affiliated pediatric dentistry practices, agreed to pay $753,457 to resolve allegations that they violated the False Claims Act by allegedly performing and billing for medically unnecessary therapeutic pulpotomies on pediatric patients, U.S. Attorney Philip R. Sellinger announced today.
The settlement, which is the result of a joint investigation between the U.S. Attorney’s Office for the District of New Jersey and the New York Attorney General’s Medicaid Fraud Control Unit (MFCU), also resolves allegations that defendants provided inaccurate servicing provider information on claims submitted to Medicaid managed care organizations. .
“It is unconscionable that medical professionals were allegedly willing to perform unnecessary dental procedures on children simply to make money,” U.S. Attorney Sellinger said. “Recovering their alleged ill-gotten gains only begins to undo this damage. Working with Attorney General James and our partners in the New York Attorney General’s Office, we want to make it clear that this behavior is intolerable.”
“Dr. Jacobson and HQRC allegedly performed unnecessary and invasive dental procedures on children to line their own pockets,” Attorney General Letitia James said. “My office will not tolerate any instance of medically unnecessary procedures performed on vulnerable Medicaid beneficiaries. I am grateful to U.S. Attorney Philip Sellinger and team for their partnership as we investigated this fraudulent scheme.”
According to the contentions of the United States contained in the settlement agreement:
Jacobson is the chief executive officer of HQRC, now doing business as PDS Management Solutions. He is also the founder and owner of the following New York and New Jersey based Pediatric Dentistry Practices party to the agreement: Pediatric Dentistry of Paterson, Pediatric Dentistry of Teaneck, Pediatric Dentistry of Wykoff, Pediatric Dentistry of Flushing, Pediatric Dentistry of the Bronx, Pediatric Dentistry of Valley Stream, Pediatric Dentistry of Brooklyn (Avenue U), Pediatric Dentistry of Brooklyn (Boro Park), Pediatric Dentistry of Monsey, Pediatric Dentistry of Kingston, Pediatric Dentistry of Albany, Pediatric Dentistry of Malone, and North Country Pediatric Dentistry.
The settlement resolves allegations that HQRC dentists performed medically unnecessary therapeutic pulpotomies on pediatric patients. According to the United States, certain dentists performed therapeutic pulpotomies on primary teeth even though there was no dental decay in the inner third of the dentin. The defendants also provided inaccurate servicing provider information on claims for services submitted to New York and New Jersey Medicaid Managed Care Organizations.
Jacobson and the affiliated corporate defendants admit that, in some instances between 2011 and 2018, some dentists affiliated with HQRC performed and billed Medicaid for pulpotomies not supported by the medical records maintained at the respective HQRC affiliated dental practices. The defendants also admit that in some instances, between 2011 and 2014, HQRC made billing errors to New York and New Jersey Medicaid contractors that resulted in inaccurate servicing provider information on claims for services performed at three of its locations.
The allegations were originally made in a lawsuit filed under the whistleblower provisions of the False Claims Act by Lauren Simpson. The Act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Simpson will receive a total of $135,622 from the federal and state shares of the settlement.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Acting Special Agent in Charge Naomi Gruchacz and civil investigator Jeffrey DeFuria of the District of New Jersey’s U.S. Attorney’s Office, with the investigation leading to the settlement.
The government is represented by Assistant U.S. Attorney Susan Pappy of the District of New Jersey’s Health Care Fraud Unit.
The lawsuit is captioned United States of America, State of New York, and State of New Jersey, ex rel. Simpson v. HQRC Management Services, LLC, et al. The claims resolved by the settlement are allegations only and there has been no determination of liability.
Pasco County Man Sentenced to 30 Years in Federal Prison for Sexually Exploiting ChildrenRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Thomas VanGelder (40, Holiday) to 30 years in federal prison, followed by a lifetime term of supervised release, for attempted enticement of a minor and possessing child sex abuse material. The court also ordered VanGelder to forfeit the electronic devices used in the commission of the offense. Restitution for the victims will be determined at a later date. VanGelder had pleaded guilty on May 31, 2022.
According to court documents, VanGelder had been communicating online with another individual who lived in New Port Richey. During those communications, the individual sent VanGelder child sex abuse material (“CSAM”) that the individual had produced of a child who had been in his care and custody. The FBI arrested the individual, assumed his online identity, and began communicating with VanGelder in an undercover capacity.
Between May 5, 2021, and May 27, 2021, VanGelder communicated with someone who was represented to be that same individual. Unbeknownst to VanGelder, he was in fact speaking with an undercover FBI agent (“UC”). During the conversations, VanGelder sent the UC six images of CSAM and discussed his desire to meet with the UC for the purpose of engaging in sexual activity with the UC’s purported child. VanGelder suggested that the UC provide the child with sleeping pills by hiding it in ice cream so VanGelder could sexually abuse the child while the child was “passed out.”
VanGelder arranged to meet with the UC on May 27, 2021, for the purpose of engaging in sexual activity with the UC’s purported child. The FBI arrested VanGelder once he arrived at the predetermined location in Tampa. During an interview with agents, VanGelder attempted to solicit the help of his then live-in girlfriend to destroy a green bag that was located under his bed in his bedroom. Agents were able to seize VanGelder’s cellphone and observe that the text messages VanGelder had attempted to send did not transmit due to a lack of cell service.
The FBI obtained a search warrant for VanGelder’s residence. At the residence, agents found the green bag, which contained multiple electronic devices. A forensic analysis of an external hard drive revealed VanGelder was in possession of over 4,000 CSAM images, including images depicting prepubescent children subjected to sadomasochistic conduct and bondage. Agents also discovered that VanGelder had been coordinating with an Orlando man to create and produce CSAM of a five-year-old girl and one-year-old boy the Orlando man had in his care and custody.
“As heart wrenching as it is to learn how these predators prey on innocent children, it’s gratifying to share with the public how the FBI’s Child Exploitation Task Forces are finding these perpetrators, rescuing the victims, and ensuring the abusers are brought to justice,” said FBI Tampa Division Special Agent in Charge David Walker.
This case was investigated by the Federal Bureau of Investigation with assistance from the Pasco Sheriff's Office and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to 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.justice.gov/psc.
Owner of Telecommunications Store Convicted for his Role in a Robbery Spree Targeting Other Telecommunication StoresRead the Press Release
Assistant U. S. Attorney Mario Peia (619) 546-9706
NEWS RELEASE SUMMARY – October 6, 2022
SAN DIEGO – Adde Munin Adde, the owner of a telecommunications store in San Diego County, pleaded guilty today in federal court, admitting that he received stolen electronic devices such as cell phones and tablets that were unlawfully obtained through robbery.
Adde pleaded guilty before U.S. Magistrate Judge Michael S. Berg to three counts of Interstate Transportation of Stolen Property. As part of his plea, Adde also agreed to pay restitution in the amount of $59,740.55.
This conviction is the culmination of an investigation coordinated between the Federal Bureau of Investigation, National City Police Department, San Diego Sheriff’s Department, and San Diego Police Department, against those who committed 11 robberies and attempted robberies between January 14, 2020, and February 1, 2020.
The robbers targeted telecommunication stores such as Verizon, Sprint, and T-Mobile, and used what appeared to be firearms to violently demand cell phones, tablets, and electronic devices. The firearms were later determined to be BB guns. Altogether, six defendants have been convicted for the robberies: Jose Carlos Gutierrez-Zielinski, Marqwell Green, Jose Manuel Garcia, Lavonte Green, Keon Glover, and Kameron Moore. Five of the defendants have been sentenced to multi-year terms.
“Owners of pawn shops and those who sell cell phones, jewelry, and other commonly-stolen items should take notice of this conviction,” said U.S. Attorney Randy Grossman. “When you buy stolen merchandise, you create a market for those who obtain the merchandise through violent means. As part of our fight against violent crime, we will prosecute you, along with those who commit the violent crimes, to the fullest extent permitted by law,” Grossman thanked the prosecution team and the investigating agencies for their excellent work on this case.
“The FBI remains fully committed to investigating not only those who steal from local businesses, but also those who knowingly purchase stolen items,” said Special Agent in Charge Stacey Moy of the FBI's San Diego Field Office. “I want to thank the National City Police Department, the San Diego Sheriff’s Department, the San Diego Police Department, and the United States Attorney’s Office for the Southern District of California for their commitment and partnership in holding all parties accountable.”
This case is the result of the ongoing efforts of the Violent Crime and Human Trafficking (VCHT) Section. Formed in 2019, the VCHT is tasked with leading collaborations between federal and local law enforcement in the investigation and prosecution of cases involving violent crimes, firearms and gang cases; sex trafficking and child exploitation; civil rights, and labor trafficking. The VCHT Section oversees the Southern District of California Coordinators for Project Safe Neighborhoods, Human Trafficking, and Project Safe Childhood. The VCHT Section also provides federal prosecutors to the downtown San Diego Violent Crimes Task Force-Gang Group, the North County Gang Task Force, and the East County Gang Task Force.
Adde is scheduled to be sentenced on January 23, 2023, at 9:00 a.m. before U.S. District Court Judge William Q. Hayes.
DEFENDANTS CASE NUMBERS
Adde Munin Adde 22-cr-0972-WQH
Jose Carlos Gutierrez-Zielinski 20-cr-1565-WQH
Marqwell Green 20-cr-1565-WQH
Jose Manuel Garcia 20-cr-1565-WQH
Lavonte Green 20-cr-1565-WQH
Keon Glover 20-cr-1565-WQH
Kameron Moore 20-cr-1565-WQH
SUMMARY OF CHARGES
Interstate Transportation of Stolen Property – Title 18, U.S.C., Section 2314
Maximum penalty: Ten years in prison and $250,000 fine
Conspiracy to Commit Hobbs Act Robbery, Hobbs Act Robbery, and Attempted Hobbs Act Robbery – Title 18, U.S.C., Section 1951
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCIES
Federal Bureau of Investigation
San Diego Police Department
San Diego Sheriff’s Department
National City Police Department
Orange County Man Agrees to Plead Guilty to Operating Illegal Casinos in Santa Ana and Paying Bribes to Police OfficerRead the Press Release
SANTA ANA, California – A Fountain Valley man has agreed to plead guilty to federal offenses for operating illegal gambling dens and paying $128,000 in cash bribes to a Santa Ana Police officer to avoid law enforcement scrutiny of his underground casinos, according to a plea agreement filed today in federal court.
Niem Ngoc Ha, aka “Dung Body,” 47, agreed to plead guilty to conspiracy, operating an illegal gambling business and bribery. These three offenses cumulatively carry a statutory maximum sentence of 20 years in federal prison. Ha is expected to formally enter the guilty pleas in court in the coming weeks.
In the plea agreement, Ha admitted that he opened and operated four illegal casinos commonly called “nets” (if they are in a commercial district) or “slaphouses” (for those in residential areas), all of which were located in Santa Ana. Ha admitted to conspiring with three others to operate the casinos, which featured video gambling machines and generated thousands of dollars in profits each day.
Ha acknowledged that acts of violence took place at the casinos. In one case, Ha directed a co-conspirator to physically assault a casino patron who had started a fight, and, in a separate incident, a worker at another casino was shot in the neck, according to the plea agreement.
Ha also admitted that over the course of about six months in 2020 he paid approximately $128,000 to then-Santa Ana Police Officer Steven Lopez in an effort to protect his illicit casinos from law enforcement intervention. Lopez, who pleaded guilty in December 2020 to accepting the bribes and is no longer employed by the Santa Ana Police Department, is scheduled to be sentenced on June 5, 2023.
Ha was one of nine defendants named in three indictments focusing on illegal gambling, attempted extortion and drug trafficking that were unsealed following a law enforcement takedown in May. Ha was named in an indictment that charges three other alleged co-conspirators, all of whom are currently scheduled to go on trial next May.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into illegal gambling houses in Orange County is being conducted under the auspices of the Orange County Asian Organized Crime Task Force. The primary investigatory agencies are the FBI; the Santa Ana Police Department; the California Department of Justice, Bureau of Gambling Control; IRS Criminal Investigation; and the United States Postal Inspection Service.
Assistant United States Attorneys Daniel S. Lim and Benjamin D. Lichtman of the Santa Ana Branch Office are prosecuting this case.
Omaha Man Convicted of Distributing Child PornographyRead the Press Release
Acting United States Attorney Steven Russell announced that Gregory Lukassen, 50, of Omaha, Nebraska, was found guilty on October 5, 2022, following a two-day jury trial in federal court for Distribution, Receipt, and Possession of Child Pornography. United States District Judge Brian C. Buescher scheduled Lukassen’s sentencing for January 5, 2023, at 9:30 a.m. Lukassen faces up to 20 years in prison, with a mandatory minimum of five years.
In January 2020, officers contacted Lukassen at a residence in Bellevue, Nebraska, after receiving Cybertip Reports from the National Center for Missing and Exploited Children (NCMEC) indicating that online service providers had reported uploads of child pornography. Lukassen admitted to chatting online regarding sexual fantasies and claimed to have received child pornography unintentionally during those chats. Forensic examinations of devices seized from Lukassen showed cache and/or thumbnail files of at least 38 unique images of child pornography on the devices, including some of the images reported in the Cybertips.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s 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.
This case was investigated by the Bellevue Police Department and Homeland Security Investigations.
New Orleans Man Pleads Guilty to Violating the Federal Gun Control Act and the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – JACOB BANKS, age 32, of New Orleans, pleaded guilty on October 5, 2022 before United States District Judge Lance M. Africk to violating the Federal Gun Control Act and the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court documents, BANKS possessed a Springfield Arms .45 caliber pistol after he had already been convicted of several felony offenses. BANKS also admitted to possessing crack cocaine with the intent to distribute it and that he possessed the firearm in furtherance of his drug trafficking activity.
BANKS pleaded guilty to 3 Charges. BANKS faces a sentence of up to 10 years imprisonment, a fine of up to $250,000 and up to three years of supervised release following any term of imprisonment on the felon in possession of a firearm charge. He faces an additional penalty on the drug count of 0-20 years in prison, a fine of up to $1,000,000, and at least three years of supervised release. On the additional gun charge, BANKS faces a mandatory minimum sentence of at least five years up to life that must run consecutive to any other term of imprisonment, a fine of up to $250,000, and up to five years of supervised release. Finally, for each count to which he pled guilty , Banks faces payment of a mandatory special assessment fee of $100. Sentencing is set for January 11, 2023.
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 New Orleans Police Department and the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney David Haller.
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Muskogee Resident Sentenced for Odometer Tampering and Wire FraudRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Sebron Dejuan Brown, age 36, of Muskogee, Oklahoma, was sentenced to 48 months imprisonment and 3 years of supervised release for one count of Conspiracy to Commit Odometer Tampering, two counts of Odometer Tampering, and one count of Conspiracy to Commit Wire Fraud.
The Second Superseding Indictment alleged that from December 2016 through May 2017, Brown purchased high mileage vehicles and caused the odometers to be rolled back, which artificially and significantly inflated the vehicles’ value. In many instances, the defendant altered the odometers to display several hundred thousand miles lower than the true readings. After tampering with the odometers, Brown recruited others to engage in a conspiracy to stage vehicle collisions and submit fraudulent insurance claims. As a result of these fraudulent insurance claims orchestrated by Brown and his co-conspirators, the investigation revealed insurance carriers substantially overpaid for property damage to the vehicles, along with fabricated personal injury claims.
The charges resulted from an investigation by the Federal Bureau of Investigation (FBI) and National Highway Traffic Safety Administration (NHTSA), with the assistance of the National Insurance Crime Bureau (NICB). This investigation developed after representatives from multiple insurance companies noticed a pattern of suspicious claims within the Eastern District of Oklahoma. Through this investigation, federal agents uncovered an extensive and elaborate scheme to commit odometer and insurance fraud.
"The defendant’s scheme endangered the public and defrauded multiple insurance companies,” said United States Attorney Christopher J. Wilson. “I am thankful for the collaborative investigation by the FBI, NHTSA, and NICB. Through their efforts, the mastermind of this criminal conspiracy was identified and brought to justice.”
“Odometer fraud is a crime, plain and simple, so I applaud the court’s decision,” said NHTSA Acting Administrator Ann Carlson. “We continue to work toward keeping everyone safe on the roads, and the investigation and criminal prosecution of large-scale interstate odometer fraud is a part of those efforts. These types of fraud schemes keep older, less-safe, gas-guzzling vehicles on the nation’s highways, and victimize those who need reliable transportation to support their families. This case is an example of our commitment to ensuring justice for the victims and protecting the public.” The NHTSA estimates that odometer fraud in the United States results in consumer losses of more than $1 billion annually. Individuals with information relating to odometer tampering should call NHTSA’s odometer fraud hotline at (800) 424-9393 or (202) 366-4761. More information on odometer fraud is available on the NHTSA website at https://www.nhtsa.gov/equipment/odometer-fraud and tips on detecting and avoiding odometer fraud are available at http://www.nhtsa.gov/staticfiles/nvs/pdf/811284.pdf.
The Honorable David Cleveland Joseph, U.S. District Judge from the United States District Court for the Western District of Louisiana, temporarily assigned to the Eastern District of Oklahoma, presided over the hearing. Brown will report to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Assistant United States Attorneys Michael Cooper and Jarrod Leaman represented the United States.
Micronesian Couple Pleads Guilty to Withholding Passports for Labor TraffickingRead the Press Release
Defendants Nesly Mwarecheong, 46, and Bertino Weires, 51, residents of the United States and citizens of the Federated States of Micronesia, pleaded guilty in federal court in Des Moines, Iowa, to two counts of unlawful conduct with respect to documents in furtherance of trafficking or forced labor. A federal grand jury in the Southern District of Iowa had previously returned a five-count indictment against the defendants for recruiting two young men from Micronesia to come to the United States for the purpose of coercing their labor in a meat processing plant for the defendants’ financial gain.
According to their plea agreements, the defendants convinced the two victims to leave their homes in Micronesia in December 2019 and travel to the United States by promising them they could work in the United States and send money back to their families. Once in the United States, the defendants confiscated the victims’ passports and obtained jobs for them at a meat processing plant in Ottumwa, Iowa. Each week, the defendants took the victims to cash their paychecks before seizing almost the entire amount and leaving the victims with only $20 each week. The defendants used various means to compel the victims’ labor and services, including confiscating the victims’ passports and social security cards, imposing debts on them, limiting and monitoring their communication with family, physically and socially isolating them and creating a system of total financial dependence on the defendants. In so doing, the defendants created a situation where the victims either had to continue complying with the defendants’ demands or risk being homeless and without a means of supporting themselves in a foreign country where they did not speak the language and had no means of returning home.
“These defendants used the allure of jobs in the United States to entice the victims, and then exploited them and profited off their hard work,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Department of Justice remains committed to partnering with federal, state and local officials to investigate and prosecute human trafficking offenses, which have no place in our society.”
The defendants are scheduled to be sentenced by U.S. District Chief Judge Stephanie M. Rose on Feb. 15. The defendants face a maximum statutory penalty of five years in prison and a $250,000 fine. The sentence will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which consider a number of variables. As part of the defendants’ plea, they have agreed to pay nearly $70,000 in restitution to the victims.
Investigator Jeremy Tosh of the Ottumwa Police Department investigated the case. Assistant U.S. Attorneys Virginia Bruner and Ryan Leemkuil for the Southern District of Iowa and Trial Attorney Christina Randall-James of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking. Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.
Micronesian Couple Pleads Guilty to Withholding Passports for Labor TraffickingRead the Press Release
WASHINGTON — Defendants Nesly Mwarecheong, 46, and Bertino Weires, 51, residents of the United States and citizens of the Federated States of Micronesia, pleaded guilty in federal court in Des Moines, Iowa, to two counts of unlawful conduct with respect to documents in furtherance of trafficking or forced labor. A federal grand jury in the Southern District of Iowa had previously returned a five-count indictment against the defendants for recruiting two young men from Micronesia to come to the United States for the purpose of coercing their labor in a meat processing plant for the defendants’ financial gain.
According to their plea agreements, the defendants convinced the two victims to leave their homes in Micronesia in December 2019 and travel to the United States by promising them they could work in the United States and send money back to their families. Once in the United States, the defendants confiscated the victims’ passports and obtained jobs for them at a meat processing plant in Ottumwa, Iowa. Each week, the defendants took the victims to cash their paychecks before seizing almost the entire amount and leaving the victims with only $20 each week. The defendants used various means to compel the victims’ labor and services, including confiscating the victims’ passports and social security cards, imposing debts on them, limiting and monitoring their communication with family, physically and socially isolating them and creating a system of total financial dependence on the defendants. In so doing, the defendants created a situation where the victims either had to continue complying with the defendants’ demands or risk being homeless and without a means of supporting themselves in a foreign country where they did not speak the language and had no means of returning home.
“These defendants used the allure of jobs in the United States to entice the victims, and then exploited them and profited off their hard work,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Department of Justice remains committed to partnering with federal, state and local officials to investigate and prosecute human trafficking offenses, which have no place in our society.”
The defendants are scheduled to be sentenced by U.S. District Chief Judge Stephanie M. Rose on Feb. 15. The defendants face a maximum statutory penalty of five years in prison and a $250,000 fine. The sentence will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which consider a number of variables. As part of the defendants’ plea, they have agreed to pay nearly $70,000 in restitution to the victims.
Investigator Jeremy Tosh of the Ottumwa Police Department investigated the case. Assistant U.S. Attorneys Virginia Bruner and Ryan Leemkuil for the Southern District of Iowa and Trial Attorney Christina Randall-James of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Information on the Department of Justice’s efforts to combat human trafficking can be found at www.justice.gov/humantrafficking. Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.
Members of Multi-State Credit Card Fraud Ring Sentenced for Conspiracy, Credit Card Fraud, and Aggravated Identity TheftRead the Press Release
INDIANAPOLIS – Seven individuals have been sentenced for conspiracy to commit access device fraud, with some also being sentenced for access device fraud and aggravated identity theft. The defendants had previously been indicated on their charges beginning in 2018.
According to court documents, the defendants were part of a conspiracy with at least two goals: to traffic in and use counterfeit identification documents, including driver’s licenses and tobacco licenses, as well to traffic in and use stolen credit cards and large amounts of cash – all to purchase cigarettes in bulk, electronics, and other items from Sam’s Club stores and other retail stores around the country. The conspiracy began at least as early as January 2017 and continued through September 2018, with defendants Nfa Doumbouya, Ibrahima Diallo, Souleymane Camara, Betsy DeGracia, and Anderson Tejada Rossis traveling to different locations within the United States to use stolen credit cards to buy these items. The losses caused by the conspiracy totaled over $3 million.
Some defendants used counterfeit state-issued documents to open Sam’s Club memberships in names that were not their own – which enabled them to purchase cigarettes in bulk. At least one defendant, Michel Lamah, worked in an Indianapolis credit card processing facility, and provided stolen credit cards to codefendants. After purchase, some of the defendants arranged to store and ship the items bought with stolen credit cards to other locations.
The defendants pleaded guilty and were each sentenced by U. S. District Judge James Patrick Hanlon as follows:
Defendant
Sentence
Charge(s)
Nfa Saidou Doumbouya, 37,
Atlanta, GA
Over 5 years in federal prison
2 years’ supervised release
Conspiracy, access device fraud, and aggravated identity theft
Ibrahima Diallo, 36, Atlanta, GA
Over 5 years in federal prison
2 years’ supervised release
Conspiracy, access device fraud, and aggravated identity theft
Souleymane Camara, 35, Indianapolis, IN
Over 7 years in federal prison
2 years’ supervised release
Conspiracy, access device fraud, and aggravated identity theft
Mamadou Magane, 32, Atlanta, GA
Time served
3 years’ supervised release
Conspiracy
Betsy Marie DeGracia,
Over 2 years in federal prison
3 years’ supervised release
Conspiracy, access device fraud, and aggravated identity theft
Anderson Tejada Rossis
3 years’ probation
Conspiracy and access device fraud
Michel Lamah, 31, Indianapolis, IN
Over 3 years in federal prison
3 years’ supervised release
Conspiracy and access device fraud
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Rodney Hopkins, Inspector in Charge of the U.S. Postal Inspection Service, Detroit Division made the announcement.
The United States Postal Inspection Service investigated this case. The U.S. Secret Service, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Indiana State Police provided invaluable assistance.
U.S. Attorney Myers thanked Assistant U.S. Attorney Cindy J. Cho who prosecuted the case.
Man with Domestic Abuse Battery Conviction Sentenced for Illegal Possession of FirearmRead the Press Release
LAKE CHARLES, La. – Michael O. Falcone, 41, of McComb, Mississippi, was sentenced today for illegal possession of a firearm, announced United States Attorney Brandon B. Brown. United States District Judge James D. Cain, Jr. sentenced Falcone to 18 months in prison, followed by 3 years of supervised release.
According to evidence presented to the court, on September 29, 2021, law enforcement officers with the Vernon Parish Sheriff’s Office conducted a traffic stop on a vehicle being driven by Falcone. Deputies observed Falcone with a knife that was visible on his person and multiple other knives in plain view in the vehicle and thus, conducted a pat down search of Falcone. The deputy found a fully loaded handgun magazine in Falcone’s outer front pocket. A search warrant was obtained by law enforcement to search Falcone’s vehicle. Inside deputies found a fully loaded Sig Sauer P365 handgun in the glovebox and a J.C. Higgins revolver located under the driver’s seat. Falcone previously pleaded guilty to domestic abuse battery in 2012 and was prohibited from possessing any firearm or ammunition.
Falcone was indicted for possession of a firearm by a prohibited person in April 2022 and pleaded guilty to the charge on July 7, 2022.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Vernon Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Daniel J. McCoy.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Man Sentenced to Prison for Threatening Election OfficialRead the Press Release
A Nebraska man was sentenced today to 18 months in prison for making multiple threatening posts on an Instagram page associated with an election official.
“This sentence makes clear that those who illegally threaten election workers should be prepared to face meaningful penalties,” said Attorney General Merrick B. Garland. “The Justice Department will not hesitate to hold accountable those whose illegal threats of violence endanger the public servants who administer our elections.”
According to court documents, Travis Ford, 42, of Lincoln, issued threats to an election official, including: “Do you feel safe? You shouldn’t. Do you think Soros will/can protect you?” and “Your security detail is far too thin and incompetent to protect you. This world is unpredictable these days….anything can happen to anyone.” Ford also posted similar messages on Instagram pages associated with the President of the United States and with another public figure.
“Make no mistake, threatening election officials is a serious attack on our democratic process,” said FBI Director Christopher Wray. “Today's sentence proves that the FBI and our partners will stand up to anyone who attempts to intimidate election workers for doing their jobs. The American voting system is secure and we are dedicated to ensuring it stays that way.”
The FBI Denver Field Office investigated the case, with the assistance of the FBI Omaha Field Office.
Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Tessie L. Smith for the District of Nebraska prosecuted the case. Former Assistant U.S. Attorney Aaron M. Teitelbaum and Assistant U.S. Attorney Cyrus Y. Chung for the District of Colorado provided substantial assistance.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the Task Force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The Task Force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI field offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the Task Force is continuing this work and supporting the United States Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.
Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: https://www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at: tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
Man Sentenced to Prison for Threatening Election OfficialRead the Press Release
DENVER – A Nebraska man was sentenced today to 18 months in prison for making multiple threatening posts on an Instagram page associated with an election official.
“This sentence makes clear that those who illegally threaten election workers should be prepared to face meaningful penalties,” said Attorney General Merrick B. Garland. “The Justice Department will not hesitate to hold accountable those whose illegal threats of violence endanger the public servants who administer our elections.”
According to court documents, Travis Ford, 42, of Lincoln, issued threats to an election official, including: “Do you feel safe? You shouldn’t. Do you think Soros will/can protect you?” and “Your security detail is far too thin and incompetent to protect you. This world is unpredictable these days….anything can happen to anyone.” Ford also posted similar messages on Instagram pages associated with the President of the United States and with another public figure.
“Make no mistake, threatening election officials is a serious attack on our democratic process,” said FBI Director Christopher Wray. “Today's sentence proves that the FBI and our partners will stand up to anyone who attempts to intimidate election workers for doing their jobs. The American voting system is secure and we are dedicated to ensuring it stays that way.”
The FBI Denver Field Office investigated the case, with the assistance of the FBI Omaha Field Office.
“This prison sentence sends a clear message to anyone who thinks hiding behind a computer screen will allow them to get away with posting threatening messages on social media,” said First Assistant U.S. Attorney Matt Kirsch of the District of Colorado. “We will not tolerate threats against election officials.”“
The U.S. Attorney’s Office for the District of Nebraska hopes that today’s sentence will deter others from using social media to threaten violence against others, especially those who are tasked with the upholding the integrity of our Nation’s elections process,” said Acting U.S. Attorney Steven A. Russell of the District of Nebraska. “This office is appreciative of the collective effort of the Denver Office of the FBI, the U.S. Attorney’s Office for the District of Colorado, and the Justice Department’s Criminal Division in the investigation and prosecution of this matter.”
Trial Attorney Jonathan E. Jacobson of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Tessie L. Smith for the District of Nebraska prosecuted the case. Former Assistant U.S. Attorney Aaron M. Teitelbaum and Assistant U.S. Attorney Cyrus Y. Chung for the District of Colorado provided substantial assistance.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the Task Force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The Task Force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI field offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the Task Force is continuing this work and supporting the United States Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.
Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: https://www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at: tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
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Case Number: 22-1073
Man Arrested for Making Threats to Maricopa County Election Official and to Official with Office of Arizona Attorney GeneralRead the Press Release
An Iowa man was arrested today in Hiawatha, Iowa, for allegedly sending a threatening communication to an election official on the Maricopa County Board of Supervisors in Maricopa County, Arizona, and for allegedly sending a threatening communication to an official with the Office of the Arizona Attorney General.
Mark A. Rissi, 64, of Hiawatha, is expected to make his initial appearance today at the federal courthouse in Cedar Rapids.
According to the indictment, on or about Sept. 27, 2021, Rissi allegedly left the following voicemail for the election official with the Maricopa County Board of Supervisors: “Hello Mr. [VICTIM], I am glad that you are standing up for democracy and want to place your hand on the Bible and say that the election was honest and fair. I really appreciate that. When we come to lynch your stupid lying Commie [expletive], you’ll remember that you lied on the [expletive] Bible, you piece of [expletive]. You’re gonna die, you piece of [expletive]. We’re going to hang you. We’re going to hang you.”
Additionally, on or about Dec. 8, 2021, Rissi allegedly said the following in a voicemail message he left for an official with the Office of the Arizona Attorney General: “I’m a victim of a crime. My family is a victim of a crime. My extended family is a victim of a crime. That crime was the theft of the 2020 election. The election that was fraudulent across the state of Arizona, that [VICTIM] knows was fraudulent, that [VICTIM] has images of the conspirators deleting election fraud data from the Maricopa County Board of Supervisors computer system. Do your job, [VICTIM], or you will hang with those [expletive] in the end. We will see to it. Torches and pitchforks. That’s your future, [expletive]. Do your job.”
Rissi is charged with two counts of making a threatening interstate communication and one count of making a threatening telephone call. If convicted, Rissi faces a maximum penalty of up to five years in prison for each count of making a threatening interstate communication and up to two years in prison for making a threatening telephone call. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Gary M. Restaino for the District of Arizona, Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division, and Acting Special Agent in Charge Chris Ormerod of the FBI Phoenix Field Office made the announcement.
The FBI Phoenix Field Office is investigating the case, with the assistance of the FBI Cedar Rapids Field Office.
Trial Attorney Tanya Senanayake of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Sean K. Lokey for the District of Arizona are prosecuting the case.
This case is part of the Justice Department’s Election Threats Task Force. Announced by Attorney General Merrick B. Garland and launched by Deputy Attorney General Lisa O. Monaco in June 2021, the Task Force has led the department’s efforts to address threats of violence against election workers, and to ensure that all election workers — whether elected, appointed, or volunteer — are able to do their jobs free from threats and intimidation. The Task Force engages with the election community and state and local law enforcement to assess allegations and reports of threats against election workers, and has investigated and prosecuted these matters where appropriate, in partnership with FBI Field Offices and U.S. Attorneys’ Offices throughout the country. A year after its formation, the Task Force is continuing this work and supporting the U.S. Attorneys’ Offices and FBI Field Offices nationwide as they carry on the critical work that the Task Force has begun.
Under the leadership of Deputy Attorney General Monaco, the Task Force is led by the Criminal Division’s Public Integrity Section and includes several other entities within the Department of Justice, including the Computer Crime and Intellectual Property Section of the Criminal Division, the Civil Rights Division, the National Security Division, and the FBI, as well as key interagency partners, such as the Department of Homeland Security and the U.S. Postal Inspection Service. For more information regarding the Justice Department’s efforts to combat threats against election workers, read the Deputy Attorney General’s memo.
To report suspected threats or violent acts, contact your local FBI office and request to speak with the Election Crimes Coordinator. Contact information for every FBI field office may be found here: https://www.fbi.gov/contact-us/field-offices/. You may also contact the FBI at 1-800-CALL-FBI (225-5324) or file an online complaint at: tips.fbi.gov. Complaints submitted will be reviewed by the task force and referred for investigation or response accordingly. If someone is in imminent danger or risk of harm, contact 911 or your local police immediately.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Leader of Sunset Trinitarios Gang Pleads Guilty to RacketeeringRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that EDIBERTO SANTANA, a/k/a “Flaco Veneno,” pled guilty to one count of racketeering conspiracy involving murder, arising out of SANTANA’s long-time leadership of the Sunset Trinitarios gang. SANTANA pled guilty before U.S. District Judge Paul A. Crotty.
U.S. Attorney Damian Williams said: “Today’s guilty plea should serve as a reminder that we are committed to seeking justice for victims no matter the passage of time and to holding gang leaders responsible for the violence that they instigate.”
According to the Indictment, SANTANA’s plea agreement, and statements made in Court:
SANTANA is the long-time leader of the Sunset Trinitarios (“Sunset”), a violent set of the national Trinitarios street gang that controlled territory in Manhattan, the Bronx, and Brooklyn, among other places. Under SANTANA’s leadership and at SANTANA’s direction, Sunset perpetrated a near-constant string of violent crime for nearly a decade, including murders, shootings, assaults, and robberies. Among other acts of violence, SANTANA ordered the March 13, 2011, murder of Dennis Marquez, age 16, who was stabbed to death in the Bronx; the October 23, 2013, murder of Michael Beltre, age 17, who was shot and killed in the Bronx; and the November 17, 2013, murder of Rafael Alam, age 23, who was shot and killed in the Bronx.
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SANTANA, 33, of Brooklyn, New York, pled guilty to one count of racketeering conspiracy with murder as a special sentencing factor, which carries a maximum sentence of life in prison.
The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing will be determined by a judge. SANTANA is scheduled to be sentenced by Judge Crotty on February 8, 2023.
Mr. Williams praised the outstanding work of the Drug Enforcement Administration, Homeland Security Investigations, the New York City Police Department, the New York State Police, and the New York City Department of Investigation.
Assistant U.S. Attorneys Celia V. Cohen, Jacqueline C. Kelly, Lindsey Keenan, and Jacob R. Fiddelman are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit.
Lawyer from Leesville and Another Local Man Sentenced for their Involvement in Two Separate Child Pornography CasesRead the Press Release
LAKE CHARLES, La. - United States Attorney Brandon B. Brown announced the sentencing of two defendants who were involved in separate child pornography cases. United States District Judge James D. Cain, Jr. sentenced the following individuals today:
Michael Allen Smith, Jr., 33, a lawyer from Leesville, Louisiana, has been sentenced to 168 months (14 years) in prison, followed by 20 years of supervised release, for enticement of a minor. Smith pleaded guilty on February 17, 2022 to the charge which was the result of an investigation into a complaint received in January 2020 by the Federal Bureau of Investigation (FBI). The mother of a 15-year-old boy reported that while her son was visiting a relative in the Leesville area, he had met and engaged in sexual conduct with an adult male. The mother told law enforcement that she had seen a video on her son’s phone of he and the adult male engaged in sexual conduct. She took the phone from her son and turned it over to law enforcement for further investigation.
The victim was interviewed, and agents determined that he had engaged in these acts with Smith, who recorded them on his phone at his residence in Leesville. The victim admitted that he met Smith on the social media platform Grindr and initially told Smith that he was 21-years-old. However, he later confessed that he was a minor and Smith continued the sexual relationship with the victim and in fact visited his profiles on social media and knew he was a minor.
The case was investigated by the FBI and prosecuted by Assistant U.S. Attorneys J. Luke Walker and Earl M. Campbell.
In another case, Raymond Fontenot, Jr., 39, of Reeves, Louisiana, was sentenced to 30 years in prison, followed by a lifetime of supervised release, for production of child pornography. Fontenot pleaded guilty to the charge on July 6, 2022. According to evidence presented to the court, officers with the Allen Parish Sheriff’s Office executed a search warrant on Fontenot’s residence on November 9, 2021. While searching the residence, law enforcement officers found an Android tablet hidden in Fontenot’s bathroom. Another search warrant was obtained for the tablet and a forensic examination was performed. The examination revealed videos containing child pornography, specifically one from 2020 depicting sexual abuse of a prepubescent girl while she was sleeping. Fontenot admitted to law enforcement officers that he had created the video and had sexually exploited the victim.
The case was investigated by the U.S. Department of Homeland Security-Immigration and Customs Enforcement and Allen Parish Sheriff’s Office and prosecuted by Assistant U.S. Attorney Daniel J. Vermaelen.
These cases are part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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La Crosse Man Sentenced to 46 Months for Illegal Firearm PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Lee D. Strawder, 40, La Crosse, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 46 months in federal prison for possessing a firearm as a felon. This prison term will be followed by 36 months of supervised release. Strawder pleaded guilty to this charge on June 21, 2022.
On August 11, 2021, La Crosse Police Department officers purchased fentanyl and crack cocaine from Strawder in La Crosse using a confidential informant.
On September 8, 2021, La Crosse Police officers pulled over a car driven by Curtis Ross because officers knew that probable cause existed to arrest the passenger, Strawder, for violations of his state bond. Officers smelled marijuana coming from the vehicle and searched the vehicle. Under the front passenger seat where Strawder was seated, officers found a loaded Canik 9mm handgun, a loaded Beretta 9mm handgun, and a bag containing over an ounce of marijuana. Strawder’s DNA was found on the Canik handgun. Ross’s DNA was found on the Beretta handgun. Both Strawder and Ross were prohibited from legally possessing firearms due to prior felony convictions.
At all relevant times, Strawder was out on bond for four different state cases. Since the events in the federal case, Strawder engaged in criminal conduct resulting in three additional state cases, all seven of which remain open. Strawder’s criminal history includes prior convictions for illegal firearm possession and drug dealing.
At sentencing, Judge Peterson noted that Strawder is a repeat firearm offender and said that a prison sentence was important to protect the community.
Co-defendant Curtis Ross pleaded guilty to possessing a firearm as a felon, possessing cocaine with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime and was sentenced to 81 months in federal prison by Judge Peterson on September 9, 2022.
The charge against Strawder was the result of an investigation conducted by the La Crosse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The La Crosse County District Attorney’s Office also provided assistance in the case. Assistant U.S. Attorney Steven P. Anderson prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Justice Department Statement on President’s Announcements Regarding Simple Possession of MarijuanaRead the Press Release
The Justice Department today released the following statement from spokesman Anthony Coley regarding the President’s proclamation granting a full, complete, and unconditional pardon to U.S. citizens and lawful permanent residents who have committed, or been convicted of, the offense of simple possession of marijuana in violation of the Controlled Substances Act, as currently codified at 21 U.S.C. 844 and as previously codified elsewhere in the U.S. Code, or in violation of D.C. Code 48–904.01(d)(1):
“The Justice Department will expeditiously administer the President’s proclamation, which pardons individuals who engaged in simple possession of marijuana, restoring political, civil, and other rights to those convicted of that offense. In coming days, the Office of the Pardon Attorney will begin implementing a process to provide impacted individuals with certificates of pardon.
“Also, in accordance with the President’s directive, Justice Department officials will work with our colleagues at the Department of Health and Human Services as they launch a scientific review of how marijuana is scheduled under federal law.”
Justice Department Awards Nearly $1.5 Million to Area Foundation to Prevent and Reduce Violent Crime in Baton RougeRead the Press Release
U.S. Attorney Ronald C. Gathe, Jr. announced that the Reclamation and Restoration Ministries (RRM) has received $1,498,637 from the Department of Justice’s Office of Justice Programs and its component, the Bureau of Justice Assistance, to prevent and reduce violent crime in the Baton Rouge area.
RRM is an organization located in Baton Rouge that promotes social and community wholeness by actively developing and implementing relevant and life-changing ministries and programs that will prevent and/or deliver youth and adults from violence, crime, truancy, drug abuse, homelessness, and prison.
With this grant, RRM will implement its Ready4Life Community Violence Intervention and Prevention Project in Baton Rouge Police District #4 that includes Scotlandville, Southern Heights, and Brookstown. One of the unique characteristics of the Brookstown neighborhood revealed by analysis is that the per capita income of residents is lower than that found in 97.7% of the neighborhoods in America. Also of note, 81.3% of the children in this area live in poverty and crime rates are higher than the national average.
For more information about this award, please contact the OJP Office of Communications at 202-307-0703 or [email protected].
Justice Department Announces Filing of Statement of Interest in "Ghost Gun" LitigationRead the Press Release
Breon Peace, the United States Attorney for the Eastern District of New York (EDNY), in partnership with Damian Williams, the United States Attorney for the Southern District of New York (SDNY), and Brian M. Boynton, Principal Deputy Assistant Attorney General, filed a Statement of Interest today in The City of New York v. Arm or Ally, LLC, to express the Justice Department’s views on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)’s regulations concerning unfinished frame and receiver kits.
In the lawsuit, the City of New York alleges that multiple firearm businesses have sold tens of thousands of illegal, unfinished frames and receivers to New Yorkers. These frames and receivers, which are classified as firearms, were then converted into unserialized, untraceable handguns and assault-style weapons, known as “ghost guns.” Ghost guns contribute to the ongoing plague of gun violence.
The Department of Justice’s Statement of Interest informs the Court that the United States has serious concerns about the proliferation of untraceable firearms easily assembled from firearm parts kits and unfinished frames and receivers. The Statement of Interest makes clear that ATF has long held that the sale of all components necessary to produce a functional firearm are, and always have been, classified as the sale of a firearm under the Gun Control Act of 1968. Additionally, the Statement of Interest informs the Court of ATF’s authority to promulgate a rule updating its definition of “frame or receiver” and other statutory and regulatory terms.
Mr. Peace stated, “Ghost guns are a major contributor to the ongoing plague of gun violence. The United States will continue to employ every means available, including civil tools, to keep ghost guns and other illegal firearms out of the hands of criminals and reduce the risk of gun violence. The United States filed a Statement of Interest in this important litigation to ensure that the Court is informed of the federal government’s views of pertinent firearms statutes and regulations.”
Mr. Williams stated, “This Statement of Interest reflects the Department of Justice’s commitment to work with federal, state, and local law enforcement partners to combat the growing problem of ghost guns. This Office is determined to prevent criminals from accessing untraceable firearms easily assembled from firearms parts kits and unfinished frames and receivers.”
“Ghost guns have for years helped fuel an escalating trend of firearms-related violence,” ATF Special Agent in Charge DeVito said. “The updated federal regulations are an important step in abating that trend in our local communities. Today’s filing sends a message that the United States will do its part, using all available means, to support our local partners in their own efforts to curb the flow of these dangerous weapons to the criminal element and violent offenders.”
For the U.S. Attorney’s Office for the Eastern District of New York, the filing of this Statement of Interest is part of EDNY’s larger Civil Initiative to Reduce Gun Violence. The EDNY’s Civil Initiative to Reduce Gun Violence was created earlier this year in recognition of the President’s directive to take a whole-of-government approach to combat the epidemic of gun violence and ensure public safety, and complements the EDNY’s Criminal Division’s successful efforts to reduce the scourge of gun-related crimes. The EDNY’s Civil Initiative to Reduce Gun Violence aims to collaborate with federal, state, and local officials, as well as community stakeholders, to address the root causes of gun-related crime, and supports reform efforts made across the government. In July 2021, the United States Attorney’s Offices for the Southern and Eastern Districts of New York also joined a cross-jurisdictional strike force to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country.
This matter, as well as the EDNY’s Civil Initiative to Reduce Gun Violence, are being handled by Assistant U.S. Attorneys Michael Blume, Richard Hayes, Joseph Marutollo, and Bonni Perlin of the Eastern District of New York, with assistance from Paralegal Specialist Jill Merenda. This matter was handled in partnership with Assistant U.S. Attorneys Jeannette Vargas and Lucas Issacharoff of the Southern District of New York; Director Alexander K. Haas, Assistant Director Lesley Farby, Trial Attorneys Daniel Riess, and Martin M. Tomlinson of the Federal Programs Branch; and Director Gustav W. Eyler, Principal Deputy Director Amanda Liskamm, and Trial Attorneys Patrick Runkle and Daniel Crane-Hirsch of the Consumer Protection Branch.