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Monday 3 October 2022
Justice Department, U.S. Fish and Wildlife Service, and State of Ohio Reach Natural Resource Damages Settlement with Dover Chemical CorporationRead the Press Release
Dover Chemical Corporation has agreed to implement and fund natural resource restoration and protection projects to resolve alleged state and federal natural resource damages (NRD) associated with the Dover Chemical Corporation Superfund Site and the surrounding NRD assessment area in Dover, Ohio. The proposed consent decree, lodged today by the Justice Department on behalf of the Department of Interior’s U.S. Fish and Wildlife Service, together with the Ohio Attorney General’s Office, the state of Ohio and the Ohio Environmental Protection Agency (Ohio EPA), is related to a 2017 complaint. That action resulted in a 2018 decree that implemented the final Superfund remedial work at the Site and expressly reserved the right of Ohio and the United States to pursue compensation for natural resource damages.
The proposed decree addresses natural resource damages, with Dover Chemical Corporation agreeing to implement projects that will restore and protect 28.5 acres of wetlands in Stark County and protect 195 acres of riparian habitat in Tuscarawas, Jefferson, Columbiana, and/or Belmont counties. Dover Chemical Corporation will also pay $880,000 to the State of Ohio to fund projects near the Site to protect, restore, or enhance state ground water resources. Finally, Dover Chemical Corporation will pay for costs incurred by Ohio and the United States to assess injuries to natural resources associated with the Site, including approximately $648,000 for state assessment costs and $745,000 for federal assessment costs.
“Today’s consent decree is a milestone in our efforts to protect and restore our valuable natural resources in Dover, Ohio, and the surrounding area,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to vigorously pursue natural resource damage claims in cooperation with our state partners.”
“Ohio takes threats to our environment and natural resources seriously,” said Ohio Attorney General Dave Yost. “This consent decree is good for the environment and good for the people of Tuscarawas County.”
“We at the U.S. Fish and Wildlife Service worked in coordination with the State of Ohio to reach this settlement that will help restore fish and wildlife resources affected by release of contaminants,” said Service Deputy Midwest Regional Director Charles Traxler. “We are pleased to be part of the effort to restore a part of Ohio's natural heritage.”
“This consent decree is a positive step forward and the projects that Dover Chemical has committed to under the decree will result in improvements to stream habitats and waterways in the area,” said Ohio EPA Director Laurie A. Stevenson.
Dover Chemical Corporation has operated a chemical plant in Dover, Ohio, from 1951 to the present, producing chemicals that include alkyl phenols, chlorinated paraffin, and organophosphites. The United States’ 2017 complaint in this matter alleged that operations at the plant have resulted in decades of releases of hazardous substances to the Site. Ohio EPA and the Fish and Wildlife Service are joint trustees for the biological and surface water resources impacted by contamination at the site, while Ohio EPA is the trustee for the ground water resource.
The trustees began an NRD assessment in 2009 that evaluated natural resource injuries to land surrounding the Dover Chemical Corporation plant and ground water impacted by an underground plume of contamination that extends to the south of the plant. The assessment identified injury to the surface water (including sediments), biological resources (including supporting habitats), and ground water resources in the assessment area caused by hazardous substances.
The proposed decree, lodged in the U.S. District Court for the Northern District of Ohio, resolves the United States’ and Ohio’s NRD allegations under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. The settlement is subject to a 30-day public comment period and final court approval. It will be available for viewing at www.justice.gov/enrd/consent-decrees.
The Fish and Wildlife Service and the Ohio EPA are seeking concurrent public comment on the Draft Restoration Plan/Environmental Assessment (Draft RP/EA). The Draft RP/EA informs the public about the proposed NRD restoration and protection projects included in the negotiated settlement. The trustees invite the public to view and comment on the Draft RP/EA from Oct. 3, 2022 to Nov. 2, 2022 at https://fws.gov/project/dover-chemical-corp-nrdar-sugar-creek-ohio.
Justice Department Secures Agreement to Protect Access to Reproductive Health ServicesRead the Press Release
The Justice Department announced an agreement today with defendant Daniel Courney to resolve a federal lawsuit filed against Courney for his alleged violations of the Freedom of Access to Clinic Entrances (FACE) Act. The FACE Act protects the right to access and provide reproductive health services, including abortion.
The FACE Act prohibits anyone from using force, threats of force or physical obstruction against any person seeking or providing reproductive health services. The complaint filed against Courney alleges that he violated the FACE Act on two occasions in October 2021. In both instances, according to the complaint, Courney used physical force against a patient escort at a health clinic in Englewood, New Jersey, to attempt to prevent the volunteer from assisting individuals seeking the clinic’s services.
The proposed consent decree, which still must be approved by the U.S. District Court for the District of New Jersey, orders Courney to stay away from the clinic permanently, prohibits future FACE Act violations and requires Courney to pay a monetary penalty.
“Reproductive health care providers must be free to carry out their work free from interference or intimidation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to enforcing federal law to protect providers and all people seeking access to reproductive health care across our nation.”
“Access to reproductive healthcare is a fundamental right,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Individuals must be able to access facilities like the Englewood clinic to make decisions about their own bodies, health and futures, in consultation with health care providers. Those providers are entitled to offer services free from the threat of violence against them. Our office remains committed to the enforcement of the FACE Act throughout the District of New Jersey to protect these important rights. We encourage anyone with information about potential FACE Act violations to contact our office.”
The Justice Department is committed to the protection of reproductive rights and recently announced the formation of its Reproductive Rights Task Force to protect those rights nationwide.
Anyone in imminent danger should call 911 or local police. Contact your local FBI field office by calling 1-800-CALL-FBI (or 1-800-225-5324) or via tips.fbi.gov.
Anyone in the District of New Jersey may report potential FACE Act violations or other threats to reproductive freedom by calling the Civil Rights Hotline, 855-281-3339, or by submitting an online complaint here.
Senior Civil Rights Counsel R. Joseph Gribko of the U.S. Attorney’s Office’s Civil Rights Division and Assistant U.S. Attorney Susan Millenky for the District of New Jersey are prosecuting the case.
Justice Department Secures Agreement to Protect Access to Reproductive Health ServicesRead the Press Release
NEWARK, N.J. – The Justice Department announced an agreement today with a former Bergen County, New Jersey, man to resolve a federal lawsuit for his alleged violations of the Freedom of Access to Clinic Entrances (FACE) Act. The FACE Act protects the right to access and provide reproductive health services, including abortion.
The FACE Act prohibits anyone from using force, threats of force or physical obstruction against any person seeking or providing reproductive health services. The complaint filed against Daniel Courney, 38, formerly of Bergenfield, New Jersey, alleges that he violated the FACE Act on two occasions in October 2021. In both instances, according to the complaint, Courney used physical force against a patient escort at a health clinic in Englewood, New Jersey, to attempt to prevent the volunteer from assisting individuals seeking the clinic’s services.
The proposed consent decree, which still must be approved by the U.S. District Court for the District of New Jersey, orders Courney to stay away from the clinic permanently, prohibits future FACE Act violations and requires Courney to pay a monetary penalty.
“Access to reproductive healthcare is a fundamental right,” U.S. Attorney Philip R. Sellinger for the District of New Jersey said. “Individuals must be able to access facilities like the Englewood clinic to make decisions about their own bodies, health and futures, in consultation with health care providers. Those providers are entitled to offer services free from the threat of violence against them. Our office remains committed to the enforcement of the FACE Act throughout the District of New Jersey to protect these important rights. We encourage anyone with information about potential FACE Act violations to contact our office.”
“Reproductive health care providers must be free to carry out their work free from interference or intimidation,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said. “The Justice Department is committed to enforcing federal law to protect providers and all people seeking access to reproductive health care across our nation.”
The Justice Department is committed to the protection of reproductive rights and recently announced the formation of its Reproductive Rights Task Force to protect those rights nationwide.
Anyone in imminent danger should call 911 or local police. Contact your local FBI field office by calling 1-800-CALL-FBI (or 1-800-225-5324) or via tips.fbi.gov.
Anyone in the District of New Jersey may report potential FACE Act violations or other threats to reproductive freedom by calling the Civil Rights Hotline, 855-281-3339, or by submitting an online complaint here.
Senior Civil Rights Counsel R. Joseph Gribko and Assistant U.S. Attorney Susan Millenky of the U.S. Attorney’s Office’s Civil Rights Division are prosecuting the case.
Justice Department Resolves Disability Discrimination Lawsuit Against Housing Authority of New Orleans PropertiesRead the Press Release
The Department of Justice announced that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties.
The settlement, which must be approved by the U.S. District Court for the Eastern District of Louisiana, requires the defendants to pay all costs related to the retrofits, provide $200,000 for a settlement fund to compensate individuals harmed by the inaccessible housing, and pay a civil penalty of $50,000 to the federal government.
“Under federal law, people with disabilities must have the same access to housing as other people,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These eight properties house thousands of residents, many of whom live with a disability. This settlement will ensure that residents with disabilities will have an equal opportunity to live safely in and enjoy their homes.”
“All citizens deserve safe, affordable and accessible housing,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The successful resolution of this matter helps meet the needs of our vulnerable, disabled and elderly residents.”
The properties at issue are Bienville Basin, Columbia Parc, Faubourg Lafitte, Fischer Senior Village, Guste III, Harmony Oaks, Marrero Commons and River Garden. Seven of these properties were developed as part of HANO’s post-Hurricane Katrina redevelopment of its public housing projects.
The accessibility barriers alleged to exist at the properties include, among other violations, steps and excessive slopes leading to unit entry doors or building entrances from sidewalks and other public areas; common areas and amenities that are not usable by persons with disabilities, such as mailboxes mounted too high for persons using wheelchairs to reach; insufficiently wide openings at interior doors that make them inaccessible for many persons with mobility impairments; inadequate interior space to maneuver a wheelchair; and inaccessible parking.
Individuals who believe they or someone they know may have had difficulties by inaccessible features at any of the above properties should contact the Justice Department at [email protected] or leave a message at 1-800-896-7743 ext. 996.
The Justice Department, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other protections, the FHA requires that all multifamily housing constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental offices and associated restrooms and parking at issue in this case.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report housing discrimination by calling the Justice Department at 1-833-591-0291, emailing [email protected], or submitting a report online. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
Justice Department Resolves Disability Discrimination Lawsuit Against Housing Authority of New Orleans PropertiesRead the Press Release
WASHINGTON – The Department of Justice announced today that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties.
The settlement, which must be approved by the U.S. District Court for the Eastern District of Louisiana, requires the defendants to pay all costs related to the retrofits, provide $200,000 fora settlement fund to compensate individuals harmed by the inaccessible housing, and pay a civil penalty of $50,000 to the federal government.
“Under federal law, people with disabilities must have the same access to housing as other people,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These eight properties house thousands of residents, many of whom live with a disability. This settlement will ensure that residents with disabilities will have an equal opportunity to live safely in and enjoy their homes.”
“All citizens deserve safe, affordable, and accessible housing,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The successful resolution of this matter helps meet the needs of our vulnerable, disabled, and elderly residents.”
The properties at issue are Bienville Basin, Columbia Parc, Faubourg Lafitte, Fischer Senior Village, Guste III, Harmony Oaks, Marrero Commons and River Garden. Seven of these properties were developed as part of HANO’s post-Hurricane Katrina redevelopment of its public housing projects.
The accessibility barriers alleged to exist at the properties include, among other violations, steps and excessive slopes leading to unit entry doors or building entrances from sidewalks and other public areas; common areas and amenities that are not usable by persons with disabilities, such as mailboxes mounted too high for persons using wheelchairs to reach; insufficiently wide openings at interior doors that make them inaccessible for many persons with mobility impairments; inadequate interior space to maneuver a wheelchair; and inaccessible parking.
Individuals who believe they or someone they know may have had difficulties by inaccessible features at any of the above properties should contact the Justice Department at [email protected] or leave a message at 1-800-896-7743 Ext. 996.
The Justice Department, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. Among other protections, the FHA requires that all multifamily housing constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental offices and associated restrooms and parking at issue in this case.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report housing discrimination by calling the Justice Department at 1-833-591-0291, emailing [email protected], or submitting a report online. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
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Justice Department Finds Minnesota Department of Corrections Violates Rights of Incarcerated Individuals with DisabilitiesRead the Press Release
On Sept. 30, 2022, the Justice Department found that the Minnesota Department of Corrections (MNDOC) violated the Americans with Disabilities Act (ADA) by denying incarcerated individuals with disabilities enrolled in its General Educational Development (GED) program opportunities to apply for and receive needed modifications on the GED exam. The MNDOC offers GED preparation courses and practice tests and administers the GED exam inside all of its adult prison facilities. The letter of findings asks the MNDOC to work with the department to resolve the civil rights violations identified during its investigation.
“The ADA gives people with disabilities, including people in correctional facilities, the right to equal access to educational opportunities, like GED programs,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Civil Rights Division remains committed to enforcing the ADA and ensuring that all people with disabilities can learn and be tested not on their disabilities, but on their knowledge and skills.”
After receiving complaints and conducting its investigation, the department found that the MNDOC discriminate against individuals with disabilities in multiple ways, including by: (1) failing to notify them about reasonable modifications for GED courses, practice tests and exams; (2) failing to give them reasonable modifications, such as extended time and breaks, in GED courses and on practice tests, and (3) preventing them from applying for GED exam accommodations. Without reasonable modifications, many incarcerated individuals with disabilities repeatedly failed their practice tests or official exams, were denied access to other prison programs, and were released from incarceration without a GED. To fix these issues, the department’s letter asks the MNDOC to take corrective actions, including changing policies and procedures, putting an ADA coordinator in place, training staff and reporting to the department.
Under Title II of the ADA, the department provided the MNDOC with written notice of the supporting facts for these findings and the remedial measures necessary to address them. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. ADA complaints may be filed online at http://www.ada.gov/complaint.
Jefferson County Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Robert Lee Anderson, 46, pleaded guilty on June 6, 2022, to being a felon in possession of a firearm and was sentenced to 36 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on March 21, 2022, law enforcement officers noticed a vehicle they knew to be stolen parked in a lane of traffic with its lights off near French Road in Beaumont. Officers observed Anderson walking away from the vehicle and instructed him to stop. Instead, Anderson fled through a neighboring yard, throwing a firearm on the roof of a residence. Anderson was apprehended and the firearm was recovered. Further investigation revealed Anderson was a convicted felon and prohibited by federal law from owning or possessing firearms or ammunition. Anderson was indicted on federal firearms violations on April 20, 2022.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.
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Inmates and Family Members Indicted for Role in Nationwide Phone Scam Targeting Home DepotRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury last week indicted eight individuals for their roles in a prison-based phone scam that targeted retailers throughout the country, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
A twelve-count indictment filed in U.S. District Court charges Ricardo Poole Sr., aka “Raoul,” 48, of Bessemer, Kortney Jovan Simon, 43, of Harvest, Otis Lee Bowers, aka “Big O,” 44, of Bessemer, Terry Ray Bradshaw, aka “Skitzo,” 39, of Remlap, Rennita Renee Perry, 28, of Bessemer, Kiara Reshell Anderson, 30, of Bessemer, Ricardo Poole, Jr., 25, of Birmingham, and Rhonda Thompson Poole, 47, of Bessemer with wire fraud and money laundering conspiracy, as well as substantive wire fraud counts. Poole Sr., Simon, and Bradshaw are also charged with aggravated identity theft; and Poole Sr., Bowers, Perry, and Anderson are charged with conspiracy to distribute controlled substances.
According to the indictment, from September 2020 through May 2022, the defendants tricked retailers into activating gift cards under fraudulent pretenses and then used those fraudulently obtained gift cards to purchase merchandise and make other expenditures. The indictment alleges that, while incarcerated at Donaldson, Bradshaw called Home Depot stores throughout the country and used spoofing technology and social engineering techniques to pose as Home Depot executives so that he could trick employees into activating gift cards. Poole Sr, Simon, and Bowers then purchased products using those gift cards, which were received by co-conspirators and converted to cash. The indictment also alleges that from September 2020 through August 2022, Poole Sr., Bowers, Perry, and Anderson engaged in a conspiracy to distribute controlled substances, specifically mixtures and substances containing detectable amounts of methamphetamine, heroin, fentanyl, marijuana, and synthetic cathinones.
The charges of conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering, and conspiracy to distribute and possess with the intent to distribute a controlled substance each carry a maximum penalty of 20 years in prison. Aggravated identity theft carries a mandatory sentence of two years in prison.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid are prosecuting the case. The Alabama Department of Corrections Law Enforcement Services Division provided assistance in the investigation.
An indictment contains only charges. The defendants are presumed innocent unless and until they are proven guilty.
Hot Springs Man Sentenced to Seven Years in Federal Prison for Drug TraffickingRead the Press Release
HOT SPRINGS – A Hot Springs man was sentenced today to 84 months in prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the U.S. District Court in Hot Springs.
According to court documents, in July of 2019, detectives with the 18th East Judicial Drug Task Force received information that Lee Kelly Cargile, age 36, was trafficking large quantities of methamphetamine in Garland County. Later that month, detectives were able to conduct multiple controlled purchases of methamphetamine from Cargile.
The methamphetamine was tested by the Drug Enforcement Administration laboratory and confirmed to be pure methamphetamine.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The 18th East Judicial District Drug Task Force, Homeland Security Investigations Little Rock, the Drug Enforcement Administration, and the 18th East Judicial District Prosecuting Attorney’s Office investigated the case investigated the case.
Assistant U.S. Attorney Bryan Achorn and Special Assistant U.S. Attorney (SAUSA) Trent Daniels prosecuted the case.
Georgia man who laundered millions from romance scams, Business Email Compromises, and other online fraud receives 25-year sentenceRead the Press Release
ATLANTA - Elvis Eghosa Ogiekpolor has been sentenced to 25 years in federal prison for money laundering and conspiracy to commit money laundering after being convicted at trial. Ogiekpolor opened and directed others to open at least 50 fraudulent business bank accounts that received over $9.5 million dollars from various online frauds, including romance frauds and business email compromise scams (“BECs”). He then laundered the fraud proceeds using other accounts, including dozens of accounts overseas.
“Ogiekpolor and his co-conspirators were part of a broader international network of online fraudsters and money launderers who wreaked havoc and devastation on unsuspecting individuals and businesses,” said U.S. Attorney Ryan K. Buchanan. “This case demonstrates our office’s unrelenting commitment to hold accountable those who prey on the vulnerabilities of victims and seek to exploit our nation’s banking system.”
“There is no way we can make the victims of Ogiekpolor and this network whole again, but we hope this sentence will at least give them solace that people are being held accountable,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI makes it a top priority to investigate these cyber-crimes and the greedy criminals behind them.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: Beginning in at least October 2018 and continuing until August 2020, Ogiekpolor directed at least eight so-called “money mules” – including six who testified against him at trial – to open more than 50 fraudulent business bank accounts in Georgia in the names of a dozen sham companies. The sham companies did not occupy physical premises, earn legitimate income, or pay wages to employees. Ogiekpolor instructed the money mules to open multiple accounts at once and, if one bank closed an account for suspected fraud or other suspicious activity, to simply open additional fraudulent accounts at different banks. Ogiekpolor then provided the accounts to other co-conspirators to receive the proceeds from multiple romance frauds, BEC scams, and other frauds impacting dozens of victims in the U.S. and elsewhere, as well as multiple businesses.
Romance scams are a type of online fraud in which victims are targeted by individuals posing as potential paramours. The fraudsters create fake online dating profiles (often with photographs of attractive men or women) and use these fake personas to express strong romantic interest in the victims to entice them into sending money under false pretenses. Romance scams frequently target vulnerable individuals who possess significant financial assets, such as retired widows or widowers. In Ogiekpolor’s case, unsuspecting victims would typically wire funds directly into one of his fraudulent accounts, or mail checks or cash to Ogiekpolor’s money mules in Georgia. Once the fraud proceeds posted to his accounts, Ogiekpolor laundered the funds, including wiring hundreds of thousands of dollars to overseas accounts, and withdrawing substantial amounts in cash and cashier’s checks.
Multiple romance fraud victims, mainly women, testified at trial. The victims recounted how they met male strangers online and were soon convinced they were in a romantic relationship with the men, even though the victims were in communication with the individuals for months without meeting in person. Often these men claimed they wanted to start a life with the victims and were eager to live with them as soon as some kind of issue was resolved. For example, one romance fraud victim was convinced to wire $32,000 to one of the accounts Ogiekpolor controlled because her “boyfriend” (one of the men online) claimed a part of his oil rig needed to be replaced but that his bank account was frozen. This victim borrowed against her retirement and savings to provide the funds, which ultimately required her to refinance her home to pay back the loan. Another victim testified that she was convinced to send nearly $70,000 because the man she met on eHarmony claimed to need money to promptly make payment on several invoices due to a frozen bank account. The 13 romance fraud victims who testified at trial represented just a small number of such victims who were defrauded into sending money to Ogiekpolor’s accounts.
BEC scams also commonly involve an employee of a company who has been fooled into responding to email messages that appear to be, but are not, legitimate (“spoof emails”). At trial, the jury heard from several businesses – representing just a small sample of the total number of companies defrauded – who had been victimized by spoof emails. In each case, the victim-business believed it was making a payment, often several hundreds of thousands of dollars, to a long-standing vendor only to subsequently learn that they had been tricked into sending the money to an account controlled by Ogiekpolor and thereby defrauded.
In addition to Ogiekpolor, several of his co-conspirators have been convicted of conspiracy to commit money laundering in connection with this case, including:
- Vere Whyte, 35, of Stone Mountain, Georgia, who pleaded guilty on November 15, 2021;
- Kutina Crawford, 49, of Lithonia, Georgia, who pleaded guilty on May 2, 2022;
- Ebony Parks, 28, of Jonesboro, Georgia, who pleaded guilty on May 11, 2022;
- Tiffany Gaines, 42, of Conyers, Georgia, who pleaded guilty on May 16, 2022; and
- Tamara Gaines, 48, of Conyers, Georgia, who pleaded guilty on July 11, 2022.
Elvis Eghosa Ogiekpolor, 46, of Norcross, Georgia, was sentenced by U.S. District Judge William M. Ray, II, to 25 years in prison to be followed by three years of supervised release. The Court will schedule a hearing for a later date at which time it will determine the amount of restitution that Ogiekpolor owes. He was charged by a federal grand jury in February 2022 with one count of conspiracy to commit money laundering and 15 counts of substantive money laundering. A federal jury convicted him of these charges on May 31, 2022, following an eight-day trial.
The U.S. Attorney’s Office for the Northern District of Georgia is part of the Department of Justice Transnational Elder Fraud Strike Force. The Strike Force focuses on investigating and prosecuting defendants associated with foreign-based fraud schemes that disproportionately affect American seniors. These include romance scams, phone scams, mass-mailing fraud schemes, and tech-support fraud schemes. For further information on these scams, see https://www.justice.gov/elderjustice/senior-scam-alert.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys Alex R. Sistla and Radka T. Nations prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Gadsden Man Charged with Multi-Million-Dollar Kickback and Health Care Fraud ConspiraciesRead the Press Release
Tuscaloosa, Ala. – A federal grand jury last week indicted a Gadsden man for conspiring to pay and receive kickbacks and commit health care fraud, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Acting Special Agent in Charge Felix A. Rivera-Esparra, and U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Tamala E. Miles.
A six-count indictment filed in U.S. District Court charges James Ewing Ray, 51, of Gadsden, Alabama, with one count of kickback conspiracy, four substantive kickback counts, and one count of health care fraud conspiracy.
Ray owned Integrity Medical, LLC, a company through which he marketed health care items and services to medical providers. According to the indictment, between about 2012 and 2018, Ray conspired with others to pay and receive kickbacks to induce medical providers to issue medically unnecessary prescriptions and order medically unnecessary goods and services, which were then billed to Medicare and other health insurers.
One of those services was electro-diagnostic testing by QBR, a Huntsville-based testing company whose owner, John Hornbuckle, is under indictment in a related case. The indictment against Ray alleges that QBR billed insurers millions of dollars for electro-diagnostic testing that its technicians performed, regardless of whether there was a medical need for them. QBR is alleged to have paid Ray a fee for every patient his doctors referred, and to have paid those doctors a per-patient fee for their referrals. Federal insurers were billed millions of dollars for these tests, the indictment alleges.
The maximum penalty for kickback conspiracy is five years in prison. The maximum penalty for health care fraud conspiracy is ten years in prison. Each of the four substantive kickback counts carries a maximum of ten years in prison.
The FBI and HHS-OIG investigated the case. Assistant U.S. Attorneys J.B. Ward and Don Long are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Full Restitution Payment Obtained from Three Former Portland-Area Strip Club Operators Convicted of FraudRead the Press Release
PORTLAND, Ore.—The U.S. Attorney’s Office for the District of Oregon announced today that full restitution of over $600,000 was obtained from the former operators of two Portland-area strip clubs who were convicted at trial in 2016 for conspiring to defraud the IRS and Oregon Department of Revenue out of hundreds of thousands of dollars in business taxes owed.
On Sept. 23, 2022, the Clerk of the Court for the District of Oregon received a payment of $608,217, which was full payment of the outstanding restitution balance of David, George, and Daniel Kiraz. The Kirazes previously had paid less than ten percent of their original $657,243 restitution order.
“I am proud of our Financial Litigation Program for their hard work in securing this full restitution payment, and for their commitment to helping crime victims by diligently investigating these cases,” said Natalie Wight, U.S. Attorney for the District of Oregon.
“Today’s restitution payment is the culmination of many years of dogged effort made by our agency and by our partners at the U.S. Attorney’s Office. This is a success we can all share in, as the funds secured today will be used for the benefit of our communities,” said Special Agent in Charge Bret Kressin, IRS Criminal Investigation (IRS:CI), Seattle Field Office.
According to court documents, David Kiraz, 40, of Happy Valley, Oregon, along with his father and brother—George Kiraz, 62, and Daniel Kiraz, 37, both of Portland—operated two Portland-area strip clubs, the Cabaret Lounge on West Burnside Street in Portland and Cabaret Lounge II on Southeast Stark Street in Gresham, Oregon. From 2007 through 2010, these clubs collected more than $1.5 million in cash for cover charges and dancer stage fees.
To conceal their total business income from the IRS, the Kirazes maintained a set of books at their clubs that did not include their cash payments, while maintaining a second set of books at David Kiraz’s home that tracked their actual receipts in full. The Kirazes reported their business activity on David Kiraz’s personal income tax return and provided their tax return preparers with only a two-page business financial summary compiled from their manipulated records. Together, these actions resulted in David Kiraz intentionally underreporting more than $1.5 million in taxable income and causing a combined state and federal tax loss of more than $649,000.
On April 8, 2015, a federal grand jury in Portland returned a seven-count indictment charging the Kirazes with conspiring with one another to defraud the United States, filing false income tax returns, and aiding and assisting in the preparation of false income tax returns. On May 26, 2016, after a six-day trial, they were found guilty.
On Tuesday, October 25, 2016, David and George Kiraz were sentenced to three years in federal prison and three years of supervised release. Daniel Kiraz was sentenced to one year and one day in federal prison.
This case was originally investigated by IRS:CI. It was prosecuted by Quinn Harrington and Seth Uram, Assistant U.S. Attorneys for the District of Oregon, and Leslie Goemaat, Trial Attorney for the Justice Department’s Tax Division.
Enforcement of the Kirazes’ restitution order was handled by Assistant U.S. Attorney Jessie D. Young and the staff and investigators of the U.S. Attorney’s Office’s Financial Litigation Program.
The District of Oregon’s Financial Litigation Program (FLP) is part of the U.S. Attorney’s Office’s Asset Recovery and Money Laundering Division. The mission and goal of FLP is to fairly achieve the maximum recovery of civil and criminal debts consistent with applicable laws, regulations, and Justice Department policies. FLP attorneys and support staff work with individuals subject to restitution orders to bring closure for crime victims and recoup losses incurred by United States taxpayers.
Fruitland man charged with assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Elijah Cudei Etsitty was arraigned on an indictment charging him with assault resulting in serious bodily injury in Indian Country. Etsitty, 25, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Etsitty on Aug. 23. According to the indictment and other court records, on June 27, 2021, Etsitty assaulted a victim, identified as Jane Doe, in San Juan County, New Mexico, on the Navajo Nation. The assault resulted in serious bodily injury to Jane Doe.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Etsitty faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Shiprock Police Department. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.
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Former Crips Gang Members and Inmates Each Sentenced to More Than Five Years in Prison for COVID-19-Related Unemployment Insurance Fraud SchemeRead the Press Release
FRESNO, Calif. — Sholanda Thomas, 38, a former Hoover Crips gang member and an inmate at the Central California Women’s Facility (CCWF) in Chowchilla, was sentenced today to five years and five months in prison for conspiring to submit fraudulent unemployment insurance claims to the California Employment Development Department (EDD) in the names of other CCWF inmates, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Thomas sent her own and other inmates’ personally identifiable information to Christina Smith, a parolee and a former Hoover Crips gang member, to submit the unemployment insurance claims in their names. The underlying applications falsely represented that the inmates had been working as carpet cleaners, hair stylists, mechanics, and other jobs. This was impossible because they were incarcerated and ineligible for benefits. The intended loss to the EDD and the United States was over $250,000 and the actual loss was more than $200,000. The proceeds were spent on various personal expenses, including plastic surgery for Smith.
Smith was sentenced in September 2021 to five years in prison for her role in the conspiracy.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation’s Investigative Services Unit, and the EDD. Assistant U.S. Attorney Joseph Barton prosecuted the case.
This case was prosecuted as part of the California COVID-19 Fraud Enforcement Strike Force, one of three interagency COVID-19 fraud strike force teams established by the Department of Justice. The California Strike Force combines law enforcement and prosecutorial resources in the Eastern and Central Districts of California. The strike forces focus on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
Former Contractor Pleads Guilty to Bid Rigging and BriberyRead the Press Release
A former construction contractor became the second person to plead guilty for participating in a bid-rigging and bribery scheme involving California Department of Transportation (Caltrans) improvement and repair contracts.
According to a plea agreement filed today in the U.S. District Court for the Eastern District of California in Sacramento, William D. Opp engaged in a conspiracy, from early 2015 through at least as late as August 2018, to thwart the competitive bidding process for Caltrans contracts to ensure that companies controlled by co-conspirators or himself submitted the winning bid and would be awarded the contract. As part of the conspiracy, Opp formed a separate construction company, with his wife as the nominal president, to submit sham bids on Caltrans contracts.
“Today’s guilty plea involves crimes affecting industries that receive significant federal funding for infrastructure and transportation,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Antitrust Division and its Procurement Collusion Strike Force are redoubling efforts to enforce the law against bid-rigging and fraud that steals taxpayer dollars.”
Opp also pleaded guilty to paying bribes to Choon Foo “Keith” Yong, a former contract manager for Caltrans, a California state agency that receives significant federal funding. On April 11, 2022, Yong pleaded guilty to his role in the bid-rigging and bribery scheme. According to Yong’s plea agreement, he received bribes in the form of cash payments, wine, furniture, and remodeling services on his home. The total value of the payments and benefits Yong received exceeded $800,000.
Opp is scheduled to be sentenced on Jan. 30 2023, by U.S. District Judge Kimberly J. Mueller for the Eastern District of California. For the bid-rigging conspiracy, Opp faces a maximum statutory penalty of 10 years of incarceration and a fine up to $1 million or twice the gross pecuniary loss resulting from the offense. For bribery concerning programs receiving federal funds, Opp faces a maximum statutory penalty of 10 years of incarceration and a fine up to $250,000 or twice the gross pecuniary loss resulting from the offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Today’s guilty plea is the second to result from a joint investigation by the Antitrust Division’s San Francisco office, the U.S. Attorney’s Office for the Eastern District of California, and the FBI’s Sacramento Division as part of the Justice Department’s Procurement Collusion Strike Force (PCSF).
In November 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to federal government contracts, go to https://www.justice.gov/procurement-collusion-strike-force.
Former Alabama Police Chief Indicted for Excessive Force and Lying to InvestigatorsRead the Press Release
A federal grand jury in the Southern District of Alabama indicted former Citronelle Police Department Chief John Tyler Norris for using excessive force against a man while on duty and for misleading state investigators.
According to the indictment, on June 30, 2021, Norris, 43, while on duty, assaulted I.M., a man in his custody. Norris is also charged with making a misleading statement to local investigators regarding his conduct related to the assault. If convicted, Norris faces a maximum sentence of ten years in prison for the alleged use of force and 20 years in prison for making a misleading statement.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Sean P. Costello for the Southern District of Alabama and Special Agent in Charge Paul W. Brown for the FBI Mobile Field Office made the announcement.
The FBI Mobile Field Office is investigating the case. Assistant U.S. Attorney Vicki Davis for the Southern District of Alabama and Trial Attorneys Maura White and MarLa Duncan of Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Adelanto Mayor Pro Tem Sentenced to 5 Years in Prison for Accepting Bribe and Attempting to Burn Down His Own RestaurantRead the Press Release
RIVERSIDE, California – The former mayor pro tem of Adelanto was sentenced today to 60 months in federal prison for accepting a $10,000 cash bribe and hiring a man to burn down his restaurant so he could fraudulently collect hundreds of thousands of dollars in insurance proceeds.
Jermaine Wright, 46, of Riverside, was sentenced by United States District Judge Jesus G. Bernal.
At the conclusion of a six-day trial, a federal jury on June 22 found Wright guilty of one count of bribery of programs receiving federal funds and one count of attempted arson of a building affecting interstate commerce.
In early 2017, federal investigators began a probe into possible corruption in Adelanto, a city located in San Bernardino County. During the investigation, law enforcement used an informant who introduced Wright to two undercover FBI agents and recorded a series of conversations in which Wright discussed both plots.
In the first scheme, Wright – then an Adelanto city councilman as well as the city’s mayor pro tem – accepted a $10,000 bribe from an undercover FBI agent who told Wright he wanted his assistance in securing votes to expand the marijuana business zone, and for protection from code enforcement related to a supposed marijuana transportation business.
“Unfortunately, [Wright’s] decision to accept a $10,000 bribe payment was not a one-off event,” prosecutors wrote in a sentencing memorandum. “The recordings in this case show that he spoke to the undercover agent…over a period of months. [Wright] initially quoted a price of $20,000 for his vote on a City Council matter. Later, he suggested $15,000 for ‘pushing’ permits. Finally, he accepted a $10,000 payment, and he said that he expected ‘a stack,’ or $2,000, each time he would interfere with code enforcement going forward.”
In the second scheme, in August 2017, Wright sought the informant’s assistance in finding someone to burn down Fat Boyz Grill, his restaurant in Adelanto. In late September, Wright asked the informant to pass his cell phone number to the “electrician” – so named because Wright wanted the cause of the fire to appear to be an electrical problem.
Wright met the “electrician” – actually the second undercover FBI agent – on October 3, 2017 and said he wanted the fire on the following Saturday when the sprinkler system would be turned off. After Wright assured the undercover agent that his insurance policy covers everything, the “electrician” agreed to do the job for $1,500. At a meeting three days later, Wright paid the $1,500 after the undercover agent told Wright he needed more time to prepare for the job.
Wright also gave the agent a tour of the restaurant and assisted in the planning of the arson by providing a ladder for the undercover agent and discussing various tactics to ensure the planned arson would be a success.
In October 2017, the FBI executed a search warrant at Fat Boyz Grill and interviewed Wright, who confessed to hiring the undercover agent to burn down the restaurant. The next day, the informant reported to the FBI that Wright had told the informant that the FBI had approached Wright, and that Wright requested the informant’s assistance in making the undercover agent “go away,” according to court documents.
In October 2017, the FBI executed a search warrant at Fat Boyz Grill and interviewed Wright, who confessed to hiring the undercover agent to burn down the restaurant. The next day, the informant reported to the FBI that Wright had told the informant that the FBI had approached Wright, and that Wright requested the informant’s assistance in making the undercover agent “go away.”
The FBI investigated this matter.
Assistant United States Attorney Sean D. Peterson, Chief of the Riverside Branch Office, prosecuted this case.
Florida Medical Practice Agrees to Pay $130,000 to Resolve Allegations That it Received Kickbacks from Pharmaceutical DistributorRead the Press Release
BOSTON – Southeast Florida Hematology and Oncology Group (SEFHOG), a now-defunct specialty medical practice in Fort Lauderdale, Fla., has agreed to pay $130,000 to resolve allegations that it violated the False Claims Act by receiving “upfront discounts” from its specialty pharmaceutical distributor, Cardinal Health, in violation of the Anti-Kickback Statute. In January 2022, Cardinal Health entered into a $13.125 million settlement to resolve allegations concerning these and other upfront discounts.
The Anti-Kickback Statute prohibits pharmaceutical distributors from offering or paying any compensation to induce physicians to purchase drugs for use on Medicare patients. When a pharmaceutical distributor sells drugs to a physician practice for administration in an outpatient setting, the distributor may legally offer commercially available discounts to its customers under certain circumstances prescribed by the Office of Inspector General for the Department of Health and Human Services (HHS-OIG). HHS-OIG has advised that upfront discount arrangements present significant kickback concerns unless they are tied to specific purchases and distributors maintain appropriate controls to ensure that discounts are clawed back if the purchaser ultimately does not purchase enough product to earn the discount. According to admissions contained in the settlement agreement, the payments that SEFHOG received were not attributable to identifiable sales.
Under the terms of this agreement, SEFHOG is paying $65,000 to the federal government and $65,000 to the State of Florida. This matter was handled jointly with the Office of the Attorney General for the State of Florida.
United States Attorney Rachael S. Rollins; Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Evan Panich and Lindsey Ross of Rollins’ Office handled the matter.
Final Major Defendant Sentenced to More than 11 Years in Prison for Role in Multi-State Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – Leo Antoine Smith, 38, of Cross Lanes, was sentenced today to 11 years and eight months in prison, to be followed by three years of supervised release, for conspiracy to distribute a quantity of methamphetamine.
Smith is the final major defendant to be sentenced in connection with an investigation that dismantled a large-volume drug trafficking organization (DTO) that operated primarily in the Charleston, Rand, and St. Albans areas of Kanawha County from March 2019 to September 2021. The DTO distributed more than 160 pounds of methamphetamine as well as quantities of fentanyl and other drugs. The investigation also thwarted a plan by four of the defendants to murder an individual on Charleston’s West Side on July 4, 2021.
“These defendants threatened our communities with their poison as well as gun violence,” said United States Attorney Will Thompson. “The amount of methamphetamine trafficked from Kentucky, Georgia, and Ohio is staggering. This investigation and prosecution wiped out all connections between the DTO’s suppliers and the Southern District of West Virginia.”
The investigation culminated in the seizure of more than 12.3 pounds of methamphetamine, approximately 34 firearms, more than $86,000 in cash, and several vehicles including three motorcycles. All 17 individuals indicted have been convicted.
“Today’s sentencing is the culmination of the tireless effort by FBI Pittsburgh and our law enforcement partners,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “The FBI will relentlessly pursue the leadership of drug trafficking organizations and dismantle them. Mr. Smith and the rest of the defendants in this case will face the consequences for trafficking the drugs that fuel violence in the Charleston area.”
The investigation also prevented a fatal drug overdose in St. Albans and several violent incidents including the Fourth of July 2021 plot. In that incident, four of the defendants - Treydan Leon Burks, Brian Dangelo Terry, James Edward Bennett III, and Douglas Johnathan Wesley - armed themselves in Rand and drove to Charleston to commit a drive-by shooting murder. Alerted to the plot, police in marked cruisers converged on the area. The four men abandoned their vehicle in a Lee Street parking lot due to the increased police presence. Federal agents executed a search warrant on the vehicle and recovered four loaded firearms: a Spike’s Tactical, Model SL15, .223-caliber pistol; an FNH, Model FNS-9, 9mm pistol; a Taurus, Model G2C, 9mm pistol; and a Sig Sauer, Model SP2022, .40-caliber pistol.
“Too often, Charleston and the surrounding communities feel the impact of illegal drug distribution and the violence associated with it,” said Special Agent in Charge Shawn Morrow of the Louisville Field Division for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope the message is clear today: ATF, the FBI, and our law enforcement partners will not let drug dealers take hold of our neighborhoods. We are committed to making our communities safe, and to holding criminals accountable for violence and drug trafficking that destroys our families.”
“The success of this investigation is a testament to the outstanding work and effective coordination of the FBI, the ATF, the Charleston Police Department, the Metropolitan Drug Enforcement Network Team (MDENT), the United States Marshals Service, and the Putnam County Sheriff’s Office,” Thompson said. “I also commend Assistant United States Attorneys Joshua Hanks and Alex Hamner for securing convictions against all of the defendants, including at trials where juries found Smith and two other defendants guilty on all counts against them.”
MDENT includes the Kanawha County Sheriff’s Office and the Charleston, Nitro, South Charleston and St. Albans police departments.
A federal jury found Smith guilty after a two-day trial on May 26, 2022. Evidence at trial established that Smith distributed methamphetamine around Charleston between the fall of 2020 and September 21, 2021. On at least one occasion in early 2021, Smith traveled with co-defendant Terry to Atlanta to purchase methamphetamine from another co-defendant, Ramon David Alston. Trial testimony, wiretap evidence, and text messages obtained from Smith’s cellphones revealed that he distributed more than 60 ounces of methamphetamine.
The other major defendants were sentenced to the following prison terms following their convictions on felony offenses:
- Timothy Wayne Dodd, 46, of South Charleston, to 21 years and seven months for conspiracy to distribute 500 grams or more of methamphetamine;
- Shane Kelly Fulkerson, 45, of Charleston, to 19 years and seven months for two counts of possession with intent to distribute methamphetamine;
- Ramon David Alston, 42, of Decatur, Georgia, to 12 years and six months for conspiracy to distribute 500 or more grams of methamphetamine;
- James Edward Bennett III, 31, of Charleston, to 10 years for being a felon in possession of a firearm;
- Jason Robert Oxley, 39, of St. Albans, to 10 years for conspiring to distribute 500 grams or more of methamphetamine and being a felon in possession of a firearm;
- Brian Dangelo Terry, 37, of Charleston, to 10 years for conspiracy to distribute 500 or more grams of methamphetamine and for being a felon in possession of a firearm;
- Douglas Johnathan Wesley, 33, of Charleston, to 10 years for being a felon in possession of a firearm;
- Jonathan Gregory Bush, 39, of Dunbar, to eight years and one month for conspiracy to distribute methamphetamine.
- Scott Edward Hudson, 50, of St. Albans, to seven years for intent to distribute methamphetamine and being a felon in possession of a firearm;
- Treydan Leon Burks, 32, of Charleston, to seven years for conspiracy to distribute 500 grams or more of methamphetamine;
- Angie Lane Harbour, 41, of Given, to three years and 10 months for conspiracy to distribute methamphetamine;
- Michael Antonio Smith, 50, of Charleston, to two years for being a felon in possession of a firearm.
United States District Judge Joseph R. Goodwin imposed the sentences.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-171, 2:21-cr-172, 2:21-cr-211, and 2:22-cr-90.
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Fentanyl Trafficker Going to PrisonRead 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 Cardell Richardson, 33, of Chili, NY, who was convicted of possession with intent to distribute 10 grams or more of para-flourofentanyl, was sentenced to serve 90 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that in June and July of 2021, investigators purchased suspected fentanyl from Richardson on three separate occasions. On July 22, 2021, investigators searched Richardson’s residence on Forsythia Drive in Chili, seizing multiple quantities of fentanyl and para-flourofentanyl, a fentanyl analogue, as well as nearly $4,000 in cash, a digital scale and drug packaging material. Richardson, who was arrested outside his residence, was found with 76 decks of para-flourofentanyl and $590 in his possession.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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Federal charges brought in Fruitland abuse caseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Derek Lorin Blackhorse was arraigned on Sept. 29 on a three-count indictment charging him with attempted aggravated sexual abuse, abusive sexual contact and attempted sexual abuse. Blackhorse, 33, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Blackhorse on Aug. 23. According to the indictment and other court records, on May 28, 2021, Blackhorse allegedly engaged in abusive sexual contact with a minor victim, identified as Jane Doe. The indictment also alleges that Blackhorse attempted to engage in sexual activity with Jane Doe.
In a separate incident on June 21, 2021, Blackhorse allegedly attempted to engage in a sexual act with a minor victim, identified in the indictment as John Doe.
Jane Doe and John Doe are enrolled members of the Navajo Nation and the alleged offenses occurred on the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Blackhorse faces a minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s 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 http://www.justice.gov/psc/.
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Federal Jury Convicts Omaha Man of Drug and Firearms OffensesRead the Press Release
Acting United States Attorney Steven Russell announced that on September 30, 2022, a federal jury in the District of Nebraska found Prince L. Spellman, 39, of Omaha, guilty of possession with intent to distribute fentanyl, cocaine, or phencyclidine (PCP), possessing a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm. United States District Judge Brian C. Buescher presided over the jury trial and will sentence Spellman on January 4, 2023.
On the evening of March 8, 2021, Omaha police officers responded to a ShotSpotter alert in the area of 2877 Fort Street in Omaha. The officers observed a silver Jeep Cherokee in the area which appeared to be consistent with 911 callers’ descriptions of a suspect vehicle involved in the shots fired incident. The officers followed the Jeep and obtained the license plate number and registration information but did not have sufficient information to stop it at that time. Thereafter, they returned to the area of 5628 N. 29th Street, where they obtained additional information from witnesses and collected 9mm bullet casings from the street. The witnesses’ information regarding the suspect vehicle confirmed that the Jeep Cherokee they observed earlier was, in fact, the correct suspect vehicle.
On the following day, March 9, 2021, at about 9:00 p.m., an Omaha Police Department gang unit detective was on patrol in an unmarked police vehicle near 40th Street and Bedford Avenue and observed the suspect vehicle traveling northbound. The detective recalled the description of the suspect vehicle and the license plate number from the prior evening when the shots fired incident occurred. The detective requested assistance from marked units to stop the suspect Jeep Cherokee, which was accomplished at a McDonald’s restaurant in the area of 30th and Taylor Streets. Three occupants were ordered from the Jeep. In plain view, on the floorboard behind the driver’s seat, officers observed a pink and black Tanfoglio Witness P-Compact 9mm handgun.
Spellman was the driver of the Jeep and was searched. Officers located a vial of brown liquid in Spellman’s groin that was later determined to contain PCP. Officers also recovered a bag containing approximately 55 grams of white powder, later confirmed as cocaine through lab testing. Lastly, officers found a bottle containing 100 blue pills stamped "M”, which were later determined to contain fentanyl. Spellman, who has an extensive record of felony convictions, was arrested. His prior felony convictions include Possession of a Controlled Substance, Criminal Impersonation (False Information), Strangulation, all in the District Court of Douglas County, Nebraska, and a prior conviction for Felon in Possession of a Firearm in the U.S. District Court for the District of Nebraska.
Employees of the Omaha Police Department later examined the firearm recovered from the Jeep and casings recovered on March 8, 2021 and determined that the firearm found in the Jeep was the same firearm used during the shots fired call requiring the police response on the evening of March 8, 2021.
This case was investigated by the Omaha Police Department with assistance from the Bureau of Alcohol, Tobacco, and Firearms. The University of Nebraska Medical Center provided laboratory services for the investigation.
Federal Court Orders West-Palm Beach Tax Preparer to Pay Contempt Sanction for Violating Permanent InjunctionRead the Press Release
A federal court in the Southern District of Florida has ordered a return preparer operating in the West Palm Beach area to pay $213,500 in fees he received for preparing tax returns in violation of a permanent injunction that barred him from filing, preparing, or helping to prepare federal tax returns for others.
The United States sued Nate E. Dameus, doing business as Mobile Tax Express Services, in May 2021. The Government’s complaint alleged that Dameus prepared returns for customers that fraudulently understated the tax those customers owed and/or overstated the refund to which they were entitled. The complaint alleged, for example, that Dameus prepared returns with fabricated tax withholdings and bogus claims for unreimbursed employee business expenses like car mileage, tools, cell phone services and meals. In addition, the complaint alleged that Dameus routinely falsified home improvement expenses on his customers’ returns to claim residential energy credits his customers were not entitled to receive. With Dameus’ consent, the court issued an injunction in September 2021 that permanently barred him from preparing tax returns for others.
The United States filed a motion on July 26, 2022, asking the court to hold Dameus in contempt for violating that injunction. According to the motion, Dameus used the Preparer Tax Identification Number assigned to his cousin, Fedson Dameus, to covertly prepare at least 305 tax returns for customers in 2022 in violation of the injunction. The motion also alleged that at least some of those returns reported fictitious business and “other income” losses, and false employer credits for paid family and medical leave. Before the scheduled hearing on the motion, Dameus stipulated that the United States could prove that those facts by clear and convincing evidence consented to an order finding him in contempt for continuing to prepare returns in violation of the injunction and agreed to pay $213,500. The court entered the order holding Dameus in contempt on Sept. 29, 2022. In addition to ordering Dameus to surrender ill-gotten fees, the court ordered him to reimburse the government for the costs incurred to investigate his violations and enforce the injunction.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Farrell Man Sentenced to 10 Years in Prison for Role in Drug Trafficking OrganizationRead the Press Release
PITTSBURGH – A resident of Farrell, Pennsylvania, pleaded guilty in federal court to conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine and was sentenced to 120 months’ imprisonment followed by 8 years of supervised release, United States Attorney Cindy K. Chung announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Michael Talbert, 43.
In connection with the guilty plea and sentencing, the court was advised that the Drug Enforcement Administration (DEA) began investigating a cocaine and fentanyl trafficking organization that operated throughout the United States, including Florida, Ohio, Pennsylvania, and Puerto Rico. Beginning in December of 2019 and continuing through August of 2020, the DEA received authorization to conduct a Title III wiretap investigation into the organization. Talbert, as a member of this multistate drug trafficking organization, was intercepted discussing the distribution of cocaine throughout the Western District of Pennsylvania. In addition to the intercepted communications, agents seized cocaine, heroin, fentanyl, methamphetamine, ecstasy, marijuana, firearms, and bulk United States Currency from members of the organization, including Talbert.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
United States Attorney Chung commended the DEA in Pittsburgh, PA; the DEA, Columbus, OH; the DEA, Harrisburg, PA; Homeland Security Investigations (HSI), Pittsburgh, PA; HSI, Orlando, FL; Internal Revenue Service-Criminal Investigations; United States Postal Service, Columbus, Ohio; Pennsylvania Office of Attorney General; Lawrence County Drug Task Force – Special Investigations Unit; and New Castle Police Department for the investigation leading to the successful prosecution of Talbert.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Erie Man Sentenced to 5 Years for Receiving Sexual Images of MinorsRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in prison, 10 years supervised release and ordered to pay $37,000 in restitution on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge David S. Cercone imposed the sentence on David Lyons, 29.
According to information presented to the court, from January 2019 to March 2020, Lyons received digital images depicting prepubescent minors engaging in sexually explicit conduct.
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 (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.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Lyons.
Elk Grove and Las Vegas Residents Plead Guilty to Conspiring to Violate the U.S. Trade Embargo on IranRead the Press Release
SACRAMENTO, Calif. — Richard Lant, 77, of Las Vegas, Nevada, pleaded guilty today to a conspiracy to export to an embargoed country, Iran, U.S. Attorney Phillip A. Talbert announced. On Sept. 19, 2022, Dariush Niknia, 59, of Elk Grove, entered a guilty plea to the same charge.
According to court documents, between May and October 2015, Niknia, Lant and others conspired to unlawfully sell and supply 500 Russian-made tank helmets to Niknia’s contact in Tehran, Iran. The helmets were to be configured for a Russian-produced T-72S battle tank and were required to have a five-pin plug, a feature that is necessary to enable a tank communication device.
In May 2015, Niknia contacted Lant, who operated R&L Ltd., a company that sold Russian items, and requested to purchase 500 T-72S tank helmets and to have the helmets shipped to Tehran. Niknia initially paid R&L monies to purchase sample tank helmets and to have the helmets sent from Russia to Iran. Prior to the shipment of the first sample helmet both Lant and Niknia were told that the United States’ sanctions prohibited the shipment of items to Iran, but both proceeded with the transaction.
Niknia’s customer rejected the first sample helmet because it did not have a rectangular five-pin plug, but approved the second sample tank helmet that was sent to Tehran. In an email communication with Niknia, Niknia’s Iranian contact discussed the fact that the helmets would be inspected by the ultimate buyer, the “GOI” or Government of Iran. Niknia then requested additional helmets be sent to Tehran, 50 at a time, and paid Lant money for the purchase and shipment of the first 50 helmets. However, the deal ultimately fell apart before additional helmets were sent because Lant’s associate could not obtain and ship the tank helmets in the quantities and timeframe Niknia required. The Russian supplier said the difficulties stemmed from the fact that it was illegal to both sell large quantities of tank helmets and to send modern military items to countries such as Iran that might use them in “terroristic or any war ways.”
In May 2015, prior to contacting Lant, Niknia attempted to purchase battle tank helmets from another individual who sold Russian military memorabilia online. This individual did not sell Niknia any helmets and instead reported him to the Federal Bureau of Investigation.
The embargo on Iran, which is enforced through the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations, prohibits the export, sale, and supply of goods to Iran by United States persons with very limited exceptions. It also prohibits, with very limited exceptions, United States persons from engaging in any transaction or dealing related to the sale or supply of goods to Iran.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Shelley D. Weger is prosecuting the case with assistance from Trial Attorney Scott Claffee of the Counterintelligence and Export Control Section of the National Security Division.
Niknia and Lant are scheduled to be sentenced by U.S. District Judge Kimberley J. Mueller on Dec. 5, 2022, and Jan. 9, 2023 respectively. Both face a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Dubuque 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 two years in federal prison.
Tremaine Laron Moore, Jr., age 22, from Dubuque, Iowa, received the prison term after an April 1, 2022, guilty plea to one count of possession of a firearm by a felon.
At the guilty plea, Moore admitted that, on December 4, 2021, he knowingly possessed a firearm, a Glock 43 9mm handgun, as a prohibited person. Dubuque Police officers found the loaded firearm tucked between the passenger seat and center console of the car Moore was driving following a traffic stop. Moore was prohibited from possessing a firearm because he was previously convicted on July 23, 2018, of Criminal Gang Participation, Conspiracy to Commit a Nonforcible Felony, and Burglary in the Third Degree, all felonies. He was also prohibited from possessing a firearm because he was (1) an unlawful user of marijuana, and (2) subject to a court order restraining him from harassing, stalking, or threatening an intimate partner.
Moore was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Moore was sentenced to 21 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.
Moore 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 Attorney Daniel C. Tvedt and was investigated by the Dubuque 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-1007.
Follow us on Twitter @USAO_NDIA.
Corinth Man Sentenced to 6 Years for Unlawfully Possessing FirearmRead the Press Release
BANGOR, Maine: A Corinth man was sentenced today in U.S. District Court in Bangor for being a felon in possession of a firearm, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Francis Cahill, aka Bruce Cossett, 73, to six years in prison and three years of supervised release. Cahill pleaded guilty on March 31, 2022.
According to court records, the FBI and Denton (Texas) Police Department were tasked with finding Cahill and learned that he may have moved to Maine. The Maine State Police were asked to assist, and he was subsequently located and arrested at his residence in Corinth. During an interview with law enforcement, Cahill admitted that there were two firearms in his residence, and a search uncovered a .22 caliber rifle and a 12-gauge shotgun. He is prohibited from possessing firearms due to a 1978 murder conviction in Texas.
The Bureau of Alcohol, Tobacco and Firearms; Maine State Police and Denton Police Department investigated the case. The U.S. Attorney also extends a special thanks to the Penobscot County District Attorney’s Office for their assistance on the case.
Project Safe Neighborhoods: 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. To learn more information about Project Safe Neighborhood, visit www.justice.gov/psn.
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Cherokee Man Is Sentenced to 14 Years for Second Degree Murder in Indian CountryRead the Press Release
ASHEVILLE, N.C. – A Cherokee, N.C. man convicted of second degree murder was sentenced to 168 months in prison today, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Yalegwo Ki Sadongei, 21, an enrolled member of the Eastern Band of Cherokee Indians, was also ordered to serve five years of supervised release after he completes his prison term.
Michael C. Scherck, Acting Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Carla Neadeau of the Cherokee Indian Police Department join U.S. Attorney King in making today’s announcement.
According to filed court records and court proceedings, on December 13, 2019, Sadongei and the victim were at the residence of a family member of the victim, located on the Qualla Boundary within Indian Country. Over the course of the evening, Sadongei and the victim argued before Sadongei shot the victim in the chest and the victim died as a result of the gunshot wound. Court records show that, after shooting the victim, Sadongei fled the scene, then visited the home of another member of the victim’s family to explain his version of what happened. On the way, he attempted to dispose of the firearm. Law enforcement later recovered the firearm Sadongei used to shoot the victim, a Hi-Point 9mm handgun, and a magazine.
Sadongei is in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement U.S. Attorney King thanked the FBI and the Cherokee Indian Police Department for their investigation of the case.
Assistant U.S. Attorney John Pritchard of the U.S. Attorney’s Office in Asheville prosecuted the case.
Buffalo Man Pleads Guilty to Being A Felon in Possession of A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Kaylen Edwards, 24, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on November 7, 2020, Edwards was identified on social media flashing a black and silver handgun and wearing a distinct black and red jacket inside a limousine bus. Later that day, law enforcement sent a photo of the social media post to Cheektowaga Police Officers responding to Pinehurst Avenue, where a limousine bus party was being let out, following a report of disorderly persons. Officers observed Edwards getting into the front passenger seat of a vehicle with Georgia license plates and leave the area. The officers then observed the vehicle in violation of multiple vehicle and traffic infractions and conducted a traffic stop. The officers observed a marijuana cigar end in the center console area and immediately detected the odor of burnt marijuana emanating from the vehicle. Officers identified Edwards as the passenger, and he was detained. During a pat frisk, an officer felt and observed a handgun in Edwards’ side waist band, which was loaded with a magazine containing seven .45 caliber rounds and one .45 caliber round in the chamber. In November 2017, Edwards was convicted of Attempted Criminal Possession of a Weapon in New York State Court and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Brian Gould, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for February 6, 2023, before Judge Vilardo.
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Browning man admits stealing grizzly bear necklace, moccasins, eagle feathers from museum on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A Browning man today admitted to stealing culturally significant artifacts, including a grizzly bear necklace, moccasins and golden eagle feathers, from the Museum of the Plains Indian on the Blackfeet Indian Reservation, U.S. Attorney Jesse Laslovich said.
Preston Jay Spotted Eagle, 31, pleaded guilty to theft of government property. Spotted Eagle faces a maximum of 10 years in prison, a $250,000 fine and at least five years to life of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris will determine any sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Sentencing was set for Feb. 8, 2023. Spotted Eagle was released pending further proceedings.
The government alleged in court documents that the thefts occurred between May and August 2021 from the Museum of the Plains Indian, in Browning, where Spotted Eagle was employed as an aid. The Indian Arts and Crafts Board, with the U.S. Department of the Interior, run the museum. In August 2021, the curator noticed that a bear claw necklace was missing from the displays. An investigation conducted by the U.S. Fish and Wildlife Service identified Spotted Eagle as the thief.
The government alleged that the first piece found to be missing was a grizzly bear necklace from one of the historic gallery displays. The curator assumed Spotted Eagle had removed it because she had given him an inventory assignment. When asked about the necklace, Spotted Eagle told the curator he had no idea who took it or what happened to it. A review of security system video ultimately led to Spotted Eagle. When confronted again about the necklace, Spotted Eagle said he thought he was the one who took it out of the display because the necklace had fallen. Spotted Eagle told the curator that nobody else needed to review the video and that he could guarantee the necklace was still in the museum. That afternoon, Spotted Eagle said he found the necklace under some papers in a collection room. The next day, the curator asked Spotted Eagle to show her the necklace and she noticed that was heavily damaged.
In addition, the government further alleged, the museum conducted an inventory to identify any other missing items. In addition to bear claws that were missing from the damaged necklace, four loose bear claws were taken from a collection room drawer. A pair of moccasins and 26 golden eagle feathers from a war bonnet also were taken. The investigation further determined that Spotted Eagle removed artifacts, photographed them with his cell phone and tried on historic clothing item, some of which were very old and delicate. Spotted Eagle also rummaged through many sacred bundles.
An appraisal of the damage to the grizzly bear necklace resulted in a $1,200 loss of value. The market value of the moccasins and four claws together was $1,150 and the replacement value was $2,150. The eagle feathers do not have a fair market value because the trade is illegal, but the valuation of the missing eagle feathers could be $7,800, based on a forfeiture collateral schedule. The damage to the war bonnet has not been calculated for the same reason as the eagle feathers. The government alleged that it was impossible to put a monetary amount on the items, which are unique and culturally significant to the Blackfeet Tribe.
The U.S. Attorney’s Office is prosecuting the case, which was investigated by the U.S. Fish and Wildlife Service.
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Bridgeville Man Sentenced to over 19 Years in Prison for Soliciting Child PornographyRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that a Bridgeville man was sentenced on Wednesday, September 28, 2022, to 235 months in prison for attempting to get pornographic photographs from a minor. Following his time in prison, he will spend ten years on federal supervised release. U.S. District Judge Maryellen Noreika pronounced the sentence.
According to court documents, Frank R. Bucklew, 57, spoke through a dating application with an undercover police officer who he believed to be a 14-year-old girl. He had detailed sexual discussions with her and repeatedly asked that she send him pornographic images of herself. Mr. Bucklew is a registered sex offender following a conviction for a sex offense in a Baltimore, Maryland state court in 2000.
U.S. Attorney Weiss stated, “Soliciting pornographic photos from a minor is child abuse. My office, in partnership with our law enforcement partners, will continue to use all available resources to identify and prosecute individuals who chose to victimize our children.”
“One of our top priorities at Homeland Security Investigations is the apprehension of those who prey upon vulnerable children,” said William S. Walker, Special Agent in Charge for Homeland Security Investigations’ Philadelphia Field Office. “Partnerships are key to these efforts. This case highlights the impact investigators and prosecutors can make when working closely together to rid our communities of child predators.”
This case was investigated by Homeland Security Investigations – Philadelphia Division and was prosecuted by Assistant U.S. Attorneys Graham L. Robinson and Ruth Mandelbaum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 21-CR-20-MN.
Brevard, N.C. Woman Is Sentenced to 15 Years on Drug ChargesRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Max Cogburn sentenced today Victoria Kerrigan Irby, 26, of Brevard, North Carolina, to 15 years in federal prison for trafficking narcotics, including fentanyl that resulted in an overdose death, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Asheville Post of Duty, and Chief David Zack of the Asheville Police Department join U.S. Attorney King in making today’s announcement.
According to filed court documents and today’s sentencing hearing, between January 2018 and June 2019, Irby was involved in the distribution of narcotics in and around Buncombe County. Court records show that Irby was trafficking various types of narcotics but primarily engaged in the distribution of fentanyl. According to court documents, Irby distributed pure or uncut fentanyl knowing that it was causing her customers to overdose. As discussed in court today, Irby had to revive multiple customers that had overdosed on fentanyl she was distributing. On May 23, 2019, Irby sold fentanyl to a victim identifed in court documents as D.F., which resulted in the victim’s overdose death. Irby continued to sell fentanyl even after the victim’s overdose death.
On April 4, 2022, Irby pleaded guilty to possession with intent to distribute a quantity of heroin, a quantity of marijuana, a quantity of fentanyl, a quantity of methamphetamine, and a quantity of buprenorphine, and distribution of a quantity of heroin, a quantity of marijuana, a quantity of fentanyl, a quantity of methamphetamine, and a quantity of buprenorphine. As part of her plea, Irby also admitted to knowingly and intentionally distributing a mixture or substance that contained fentanyl to D.F. on May 23, 2019, and that D.F.’s death resulted from his use of the fentanyl supplied by Irby.
In imposing Irby’s 15-year prison sentence, Judge Cogburn stated that Irby’s conduct of continuing to sell fentanyl she knew was causing her customers to overdose and her continuing to sell fentanyl even after the fentanyl death occurred was particularly troubling.
Irby is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
The DEA in Asheville and the Asheville Police Department handled the investigation.
Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Box Elder man admits domestic abuse of victim on Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS — A Box Elder man suspected of strangling and assaulting a woman on the Rocky Boy’s Indian Reservation admitted today to domestic assault by habitual offender, U.S. Attorney Jesse Laslovich said.
Clay Bad Hawk, 25, pleaded guilty to domestic abuse by habitual offender. Bad Hawk faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Feb. 9, 2023. Bad Hawk was detained pending further proceedings.
In court documents, the government alleged that in December 2021, Bad Hawk punched, slapped, kicked and strangled the victim, identified as Jane Doe, who was in a relationship with him, in Box Elder. Officers responded to a call of an assault and found the victim hiding under a porch. The victim was transported to a hospital for treatment of injuries. The victim told law enforcement she thought she was going to die, and that Bad Hawk had assaulted her before. Bad Hawk has two prior domestic violence convictions from tribal court.
The U.S. Attorney’s Office is prosecuting the case, which was investigated by the FBI, Chippewa Cree Law Enforcement and Rocky Boy’s Police Department.
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Boston Man Sentenced to More Than Six Years in Prison for Firearm OffenseRead the Press Release
BOSTON – A Boston man was sentenced today for being a felon in possession of a firearm and ammunition.
Anton Rise, 40, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 79 months in prison and three years of supervised release. In March 2019, Rise pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
According to court filings, in the early morning of March 4, 2017, Rise was arrested with a firearm loaded with 15 rounds of ammunition tucked in his waistband shortly after he left a nightclub in Boston.
Due to prior felony convictions, Rise is prohibited from possessing firearms and ammunition.
United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner Michael Cox made the announcement.
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.
Bakersfield Man Sentenced to 20 Years in Prison for Receiving Child PornographyRead the Press Release
FRESNO, Calif. — John Perry, 64, of Bakersfield, was sentenced today to 20 years in prison for receiving child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in February 2020, Perry was found to have received on a cellphone, as well as on the internet through both the use of an email account as well as cloud data storage, over 1,000 image files depicting minors suffering various acts of sexual abuse. Many of the images depicted prepubescent minors and Perry likewise engaged in a pattern of activity involving the sexual abuse of minors. Perry had prior convictions in the states of Washington and California for committing crimes, including rape of a child, communicating with minors for immoral purposes, and possession of child pornography.
This case was the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Brian W. Enos prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Baker Woman Sentenced to Federal Prison for Wire Fraud and Making False Statements in Connection with CARES Act COVID-19 Pandemic AssistanceRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. Chief Judge Shelly D. Dick sentenced Chanda Hall, age 44, of Baker, Louisiana, to 26 months in federal prison following her convictions for wire fraud and making false statements. Upon release from imprisonment, Hall will serve two years of supervised release. The Court further sentenced Hall to pay a $5,000 fine, $25,000 in restitution to the U.S. Small Business Administration (SBA), and a $25,000 money judgment to the United States.
According to facts presented at trial, the SBA is an agency of the United States government that provides support to entrepreneurs and small businesses. The CARES Act is a federal law enacted in or around March 2020 to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. Among other relief, the CARES Act expanded the Economic Injury Disaster Loan (EIDL) program, which provides loans for small businesses and other eligible entities.
In May 2020, Hall submitted her first EIDL application. Although she submitted the application in the name of a company that she had formed in 2010, the company’s registration with the Louisiana Secretary of State had been revoked in 2015, and at the time Hall submitted this application, the company had not been reinstated, and it had no bank account. On June 16, 2020, the SBA denied the application.
The very next day, on June 17, 2020, Hall submitted another application, in the name of a purported non-profit corporation, First Home Foundation (“First Home”), that she had formed earlier that year. Hall signed the application and certified that all of the information provided was true. In the application, among other statements, Hall stated that: (a) First Home had been established in 2017; (b) as of January 31, 2020, First Home had five employees; (c) First Home’s gross revenues in 2019 were $60,000; and (d) First Home’s cost of goods sold for the same twelve-month period was $30,000. When asked whether she had been convicted of or pled guilty to a felony within the last five years, Hall claimed that she had not.
As Hall knew at the time, all of the above statements were false. As the United States proved at trial, First Home did not have the revenues or expenses that Hall had claimed in her application, and Hall had misrepresented her criminal history, which included a recent felony conviction. Moreover, as the United States proved at trial, Hall was given multiple opportunities to withdraw the application or explain that she had misunderstood the application process, and she repeatedly provided false information and lied to those charged with investigating her application.
Hall was convicted after a June 2022 trial, and at the sentencing, the Court specifically found that she had obstructed justice in the investigation and prosecution of the case, including by providing false testimony at the trial.
This matter was investigated by the Treasury Inspector General for Tax Administration, the Federal Bureau of Investigation, and the Small Business Administration-Office of Inspector General, and was prosecuted by Assistant United States Attorneys Alan A. Stevens, who also serves as Senior Litigation Counsel, and Caroline B. Gardner.
Amarillo Man Charged with Threats Against Law Enforcement, Racial and Ethnic GroupsRead the Press Release
An Amarillo man who allegedly threatened law enforcement, government officials, and a number of racial and ethnic groups on social media has been charged in federal court, announced U.S Attorney for the Northern District of Texas Chad E. Meacham.
Everett Wayne “Rhett” Copelin III, 40, was charged via criminal complaint with interstate threats and threatening a federal officer. He was arrested without incident in Amarillo on Sept. 29 and made his initial appearance before U.S. Magistrate Judge Lee Ann Reno this afternoon. Agents recovered a 9mm pistol and three loaded magazines in his vehicle.
According to the complaint, Mr. Copelin posted numerous threats on Gab, a social media platform.
On Aug. 31, under the display name “Alpha Top Dog Pure Blood,” Mr. Copelin allegedly threatened to go “kamikaze” against “white law enforcement.” The post was flagged to the FBI’s National Threat Operations Center on Sept. 4.
A review of his Gab account revealed a history of posts threatening various targets, including police officers, government officials, Black people, immigrants, Jews, and others:
- On Aug. 21, he allegedly threatened to kill young black men in relationships with white women.
- On Aug. 22, he allegedly threatened to “blow up” IRS agents.
- On Sept. 5, he allegedly threatened to shoot police officers.
- On Sept. 8, he allegedly claimed he would “go down to the border … and start shooting invaders,” and allegedly added that he would “blow the FEDS away too.”
- Later the same day, he allegedly threatened to kill Jews in the government and law enforcement.
- On Sept. 14, he allegedly threatened to shoot Mexicans, who he felt “shouldn’t even be here.”
- On Sept. 25, he allegedly threatened to hang supporters of a Texas gubernatorial candidate.
According to the complaint, Mr. Copelin posted online a call for “all strong abled white alpha men with sniper rifles” to enforce the law, “because the government is corrupt.” Agents observed photos of guns and bladed weapons on the “Alpha Top Dog Pure Blood” account.
A criminal complaint is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Copelin is presumed innocent unless and until proven guilty in a court of law.
If convicted, he faces up to 15 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and any other statutory factors.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation with the assistance of the Texas Department of Public Safety, the Amarillo Police Department, and the Randall County Sheriff’s Office. Assistant U.S. Attorneys Jeff Haag and Josh Frausto are prosecuting the case with Trial Attorney Jacob Warren of the Justice Department’s National Security Division.
Ada Resident Pleads Guilty to Aggravated Sexual Abuse and Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ryan Christopher Dill, age 35, of Ada, Oklahoma, entered guilty pleas to Count One: Aggravated Sexual Abuse in Indian Country and Count Three: Assault Resulting in Serious Bodily Injury in Indian Country of the federal indictment.
The indictment alleged that on or about December 25, 2021, the defendant sexually assaulted a victim using force and by placing the victim in fear she would be subjected to death, serious bodily injury, or kidnapping. The indictment further alleged that the defendant assaulted the victim causing her serious bodily injury.
The charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing by the United States District Judge will be scheduled following completion of the report. Dill was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Anthony C. Marek and Caila M. Cleary represented the United States.
8-Time Felon Sentenced to 20 Years in Federal Prison for Drug Trafficking and Firearms ChargesRead the Press Release
INDIANAPOLIS – Arthur Miles, 48 of Indianapolis, was sentenced to 20 years in federal prison after being convicted of possession with the intent to distribute methamphetamine, possession with the intent to distribute cocaine, and being a felon in possession of firearms, following a three-day jury trial.
According to court documents, on May 1, 2021, Miles was arrested in Indianapolis when a police officer executed a search warrant at his residence, where they found over 275 grams of methamphetamine, approximately 124 grams of cocaine, over 12,000 pills containing methamphetamine, $10,800 in U.S. currency and two firearms.
Miles has an extensive criminal history. Since 1992, Miles has been convicted of eight felonies and nine misdemeanors, including a misdemeanor committed while on parole for another offense. Miles was previously convicted of felonies including dealing cocaine and marijuana, resisting law enforcement, and firearms offenses. Following his May 1, 2021, arrest in this case, Miles was released from federal custody pending trial subject to conditions ordered by the court. While on pretrial release, Miles was again arrested and charged in federal court with possession with intent to distribute methamphetamine and commission of a felony while on pretrial release.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office, made the announcement.
The Drug Enforcement Administration and the Indianapolis Metropolitan Police Department investigated the case. Sentence was imposed by U.S. District Chief Judge Tanya Walton Pratt. As part of the sentence, Judge Pratt ordered that Miles be supervised by the U.S. Probation Office for five years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorneys Pamela S. Domash and Peter Blackett who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Saturday 1 October 2022
Federal Jury Convicts Fort Towson Resident of Voluntary ManslaughterRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Shonda Lynette Johnson, age 51, of Fort Towson, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter.
The jury trial began with testimony on Tuesday, September 27, 2022 and concluded on Thursday, September 29, 2022 with the guilty verdict.
During the trial, the United States presented evidence that on November 17, 2019, Shonda Johnson stabbed the victim Jamie Williams with a filet knife causing him to die. When questioned by law enforcement, the Defendant lied on numerous occasions claiming she was not involved in the death of Mr. Williams.
The guilty verdict was the result of an investigation by the Choctaw County Sheriff's Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Johnson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Jordan Howanitz and Kevin Cheung represented the United States.
Friday 30 September 2022
Woman Arrested with 36 Kilograms of Fentanyl PillsRead the Press Release
PHOENIX, Ariz. – Maria Fernanda Granillo-Velazquez, 21, of Mexico, was charged on August 19, 2022, by criminal complaint for Possession with Intent to Distribute Fentanyl. Granillo-Velazquez had her initial appearance on August 22, 2022, before United States Magistrate Judge Michael T. Morrissey. The case is set for trial on November 1, 2022, before United States District Judge John J. Tuchi.
The complaint alleges that, on August 18, 2022, members of the Phoenix DEA East Valley Drug Enforcement Task Force were contacted by the Pinal County Sheriff’s Office (PCSO) regarding a traffic stop of a vehicle on Interstate 10 in Pinal County, Arizona. The sole occupant of the vehicle was Granillo-Velazquez. During the traffic stop, a canine trained in detecting narcotics alerted to the presence of narcotics coming from the vehicle.
PCSO deputies searched the vehicle and discovered a concealed compartment in the floorboard underneath the rear seats. The concealed compartment contained approximately 21 packages containing blue pills stamped M30.
Investigators seized approximately 36.75 kilograms (approximately 360,000 pills) from the vehicle. The Chandler Police Department laboratory confirmed a sample of the M30 pills contained fentanyl.
A conviction for possessing with the intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison.
A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Phoenix DEA East Valley Drug Enforcement Task Force and the Pinal County Sheriff’s Office are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-22-01131-PHX-JJT
RELEASE NUMBER: 2022-166_Granillo-Velasquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Wisconsin Man Sentenced to 20 Years in Prison for Sex Trafficking of an Adult and a MinorRead the Press Release
A federal judge in the Western District of Wisconsin sentenced Cory Hereford, 51, to 20 years in prison for sex trafficking and related charges. Hereford was convicted after a four-day trial in February 2022 of sex trafficking, conspiracy to commit sex trafficking, maintaining a property for the purposes of distributing and using controlled substances and of having committed sex trafficking of a minor while being a person previously convicted of a crime that required registering as a sex offender. The court additionally imposed 20 years of supervised release.
The government presented evidence at trial that Hereford conspired with co-defendant, Tonyiel Partee of Janesville, Wisconsin, to recruit an adult victim struggling with drug addiction, to engage in commercial sex. He also enticed a minor victim, who was 16 years old at the time, with access to drugs. In some instances, he threatened to withhold the heroin to induce withdrawal sickness as a means of compelling the victims to engage in prostitution for his profit.
“This defendant preyed on vulnerable young women, and he cruelly exploited their addictions for his own profit,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This conviction shows that the Civil Rights Division is committed to seeking justice for survivors of sex trafficking. We will work tirelessly to hold traffickers accountable for these heinous crimes that erode the safety of our communities.”
“Hereford exploited young and vulnerable women, leveraging drug addiction to force them into prostitution,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “My office is committed to working with our law enforcement partners to hold such predators accountable for their crimes.”
“Human trafficking investigations are complex, time consuming and dependent upon earning the trust of our victims,” said Chief David Moore for the Janesville Police Department. “Janesville detectives worked countless hours to bring this case to prosecution. The Janesville Police Department respects the U.S. Attorney’s Office for their leadership, perseverance and dedication to the prosecution of the case. Finally, our victims are safe.”
The case was investigated by Janesville Police Department, with the assistance of Wisconsin Department of Justice, Division of Criminal Investigation and the Rock County Sheriff’s Office. Assistant U.S. Attorney Julie Pfluger for the Western District of Wisconsin and Trial Attorney Slava Kuperstein of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
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.
Willcox Man Sentenced for Threatening to Murder a Social Security Administration JudgeRead the Press Release
TUCSON, Ariz. – Jeffery Daniel Gladney, 55, of Willcox, Arizona, was sentenced Monday by United States District Judge John C. Hinderaker to time served, amounting to over 25 months in prison. Gladney previously pleaded guilty on June 29, 2022, to Threatening to Assault a Federal Employee.
During the early summer of 2020, Gladney left several messages on the voicemail of his attorney’s office, threatening the United States Social Security Administration Law Judge assigned to his case. In the voicemails, Gladney threatened to assault and kill the judge, demanding his benefits be approved immediately, and instructing the legal assistant to relay the messages to the judge.
Federal Protective Service of the U.S. Department of Homeland Security conducted the investigation in this case. Assistant U.S. Attorney Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-02119-TUC-JCH
RELEASE NUMBER: 2022-168_Gladney# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
U.S. Attorney’s Office Promotes Elder Justice Initiative with Live Interactive Telephone Town HallRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania promotes the Department of Justice’s Elder Justice Initiative throughout the Middle District, announced U.S. Attorney Gerard M. Karam. On September 27, 2022, the Middle District partnered with the Federal Bureau of Investigation and AARP Pennsylvania to raise awareness and to educate older adults about the latest financial scams, so they do not fall victim. Approximately 4,000 seniors in the Middle District participated in the interactive telephone town hall as part of the Department of Justice’s Elder Justice Initiative.
Scammers are targeting seniors at an alarming rate. Statistics collected by the FBI’s Internet Crime Complaint Center show that victims of all ages lost approximately $6.9 billion dollars to fraud in 2021, with 92,371 victims over the age of 60 accounting for $1.68 billion of those losses. According to the same statistics, in Pennsylvania, over 17,200 people lost over $207 million dollars, putting Pennsylvania in the top ten states by number of victims.
“The elder fraud cases the FBI investigates are simply infuriating,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Anyone who targets vulnerable older folks for their assets lacks both a heart and a moral compass. The FBI will continue working to shut down these types of schemes and to educate the elders of our community about common fraud red flags.”
“Report, report, report. That's a good lesson for everybody on the line,” AARP Pennsylvania Consumer Issues Task Force Chair Mary Bach told listeners. “If you think you're the victim of a scam, you should contact the proper authorities." She also noted AARP’s commitment to helping those who think they’ve been the victim of a scam. “Scam artists are out there looking for new ways to scam their next victims, but you can protect yourself … Visit AARP.org/FraudWatchNetwork or call the AARP Fraud Watch Help Line at 1-877-908-3360.”
The DOJ Elder Justice Initiative aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educating older adults on how to identify scams and avoid getting ripped off by scammers; and promoting greater coordination with law enforcement partners.
Some examples of financial frauds targeting seniors discussed during the town hall were:
- Social Security impostor schemes: defraud victims by posing as Social Security Administration agent and claiming that there is an issue with the victims’ account;
- IRS impostor schemes: defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- Lottery phone scams: callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- Romance scams: lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- Grandparent scams: convince seniors that their grandchildren have been arrested and need bail money;
- Tech support scams: scammers offer assistance with viruses or malware they claim were detected on the victim’s computer; and
Below are some tips shared with participants during the town hall on how to avoid falling victim to a financial scam:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- Delete phishing emails and ignore harassing phone calls.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it sounds too good to be true, it’s likely a scam.
In case you missed the Telephone Town Hall, you can view the recording via audio stream Vekeo.
Attacking exploitation and fighting fraud are two priorities of the Middle District, and the U.S. Attorney’s Office is committed to aggressively pursuing individuals who engage in such acts. Some recent prosecutions include:
The Middle District of Pennsylvania prosecuted Itcace Abramovici, a 72-year-old citizen of Canada, for his leadership role in a Montreal-based telemarketing and money laundering organization that targeted elderly victims in the United States, including those living in central Pennsylvania. Abramovici and his co-conspirators informed prospective victims that they had won a substantial amount of money in a lottery or sweepstakes and then directed those victims to send money in order to obtain their winnings. The victims’ payments were falsely characterized as taxes, customs fees, processing fees, and legal and insurance fees. None of the victims received any money, and many of their losses were substantial, with more than $460,000 in victim losses being attributed to Abramovici’s role in the fraud, and with losses to victims of the broader fraud at more than $1.3 million. Abramovici received a sentence of 30 months’ imprisonment on May 9, 2022.
The Middle District also charged five New York men, Josiah DeJesus, age 20, Jashua Noboa-Nival, age 20, Yeurys Peguero-Rosario, age 22, Ramon Peguero-Rosario, age 19, and Nelson Rivas-Bello, age 27, for their participation in a “Grandparent” mail fraud scheme. The indictment alleged that defendants traveled from New York to various locations in Pennsylvania, including addresses in Luzerne and Lackawanna County, and picked up UPS and Fed Ex packages containing thousands of dollars in cash sent by elderly victims under the false pretense that their grandchildren had been arrested and were in immediate need of money. The victims sent the money after receiving fraudulent phone calls made by the named defendants’ co-conspirators, who posed either as the victims’ grandchildren or as a public defender representing the victims’ grandchildren.
All persons charged are presumed to be innocent unless and until found guilty in court.
If you think you have fallen victim to a scam or need assistance, you can contact the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311), the Victim Connect Hotline at 1-855-4VICTIM (1-855-484-2846), the FBI Internet Complaint Center at www.ic3.gov. Elder fraud complaints may be filed with the FTC at ftccomplaintassistant.gov or at 1-877-FTC-HELP. You may also contact the AARP Fraud Watch Network free helpline at 1-877-908-3360 to report a scam.
For more information about the Elder Justice Initiative, please visit: https://www.justice.gov/elderjustice.
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U.S. Attorney for the Middle District of Alabama Announces New Public Reporting Procedure for Environmental Justice and Environmental CrimesRead the Press Release
Montgomery, Alabama – Today, United States Attorney Sandra J. Stewart announced new ways for individuals within the Middle District of Alabama to report environmental justice concerns to federal officials.
Members of the public who have concerns about environmental matters can now report them to the Department of Justice by sending an email to [email protected].
The U.S. Attorney’s Office is implementing this public reporting procedure under the Justice Department’s Comprehensive Environmental Justice Enforcement Strategy. This strategy is intended to provide “timely and effective remedies for systemic environmental violations,” while advancing environmental justice in underserved communities that have been historically marginalized and overburdened.
The new public reporting procedure seeks to complement other avenues for reporting environmental concerns to the federal government, such as the online portal maintained by the Environmental Protection Agency at https://echo.epa.gov/report-environmental-violations.
“Environmental justice and public health issues are priorities of the Department of Justice,” said U.S. Attorney Stewart. “My office is committed to ensuring safe living and working conditions for all. I encourage concerned individuals and organizations in our community to utilize the new reporting procedures so that federal agencies can better address environmental harms caused by violations of our laws and regulations.”
U.S. Attorney Josh Hurwit Announces New Reporting Method for Environmental Violations & Environmental Justice ConcernsRead the Press Release
Josh Hurwit, United States Attorney for the District of Idaho, announced today the creation of a new method for members of the public to report information about environmental violations and issues of environmental justice. U.S. Attorney Hurwit encourages residents to contact the U.S. Attorney’s Office at [email protected] when also contacting local, state, or federal agency hotlines or websites to report environmental health or safety concerns. The public is also welcome to contact the Office at (208) 334-1211.
Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
The Office is creating this public reporting method under the Department of Justice’s Comprehensive Environmental Justice Enforcement Strategy, which seeks to provide the same degree of protection from environmental and health hazards to all our citizens, and to ensure that everyone has equal access to a healthy environment in which to live, learn, play, and work.
“Idaho’s unique natural beauty and valuable natural resources bring us together and support Idaho’s incredible quality of life,” Hurwit explained. “The strength of our environment supports many important industries and activities that make Idaho so special, from ranching and farming to backpacking, hunting, and boating. Protecting our lands, our air, and our waters is an investment we must make for future generations.”
Notifying the U.S. Attorney’s Office about environmental justice concerns helps us protect the community from harmful violations of federal law. The Office’s public reporting procedures are in addition to other methods of reporting environmental concerns to the federal government, such as the online portal maintained by the Environmental Protection Agency (EPA), https://echo.epa.gov/report-environmental-violations. To learn more about Environmental Justice and reporting procedures, please visit https://www.justice.gov/usao-id/Environmental%20Justice.
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U.S. Attorney Designates Two Assistant U.S. Attorneys to Coordinate the Office’s Environmental Justice EffortsRead the Press Release
PITTSBURGH – United States Attorney Cindy Chung has named two Assistant U.S. Attorneys to oversee the office’s Environmental Justice work. Criminal Division AUSA Nicole Vasquez-Schmitt and Civil AUSA Jacqueline Brown are serving as the office’s Environmental Justice Coordinators to enhance and advance the office’s Environmental Justice efforts.
Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origins, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
“These designations will serve to enhance our longstanding commitment to vigorously enforce environmental laws, with a particular emphasis on minority and lower-income communities,” said U.S. Attorney Chung. “We will continue to protect western Pennsylvania’s vast natural resources while holding those who violate federal environmental laws accountable.”
The Office has established a procedure for members of the public to report Environmental Justice concerns. Citizens may call (412) 894-7551 or send an email to [email protected].
AUSAs Vasquez-Schmitt and Brown will coordinate with counterparts in the other 92 U.S. Attorney’s Offices, the Environment and Natural Resources Division of the Department of Justice, and the Environmental Protection Agency.
U.S. Attorney Avery Commits Office to Ensuring Environmental Justice for All Connecticut ResidentsRead the Press Release
New Haven, Conn. – Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today affirmed the U.S. Attorney’s Office’s commitment to ensure environmental justice for all Connecticut residents.
The U.S. Department of Justice’s comprehensive Environmental Justice Enforcement Strategy aims to ensure that all people, regardless of race, color, national origin, or income, receive fair treatment and meaningful involvement with respect to the development, implementation and enforcement of environmental laws, regulations and policies. In coordination with local, state, federal and tribal partners, as well as members of the community, the U.S. Attorney’s Office is identifying areas of environmental justice concern in Connecticut. The Office will use all available federal civil and criminal enforcement tools, including environmental protection laws, civil rights laws, the False Claims Act, and worker safety and consumer protection statutes, to advance environmental justice by seeking timely and effective remedies for injury to natural resources, and to correct systemic environmental violations and contaminations in underserved communities that have been historically marginalized and overburdened, including low-income communities and communities of color.
“The U.S. Attorney’s Office is committed to delivering justice to the residents of Connecticut who are disproportionately burdened by the health and economic impacts of environmental hazards,” said U.S. Attorney Avery. “Every resident of the State of Connecticut benefits from rigorous enforcement of federal environmental laws that safeguard a healthy environment.”
U.S. Attorney Vanessa Roberts Avery has appointed Assistant U.S. Attorney Anne F. Thidemann as the District of Connecticut’s Environmental Justice Coordinator, and encourages Connecticut residents to report environmental justice concerns to Assistant U.S. Attorney Thidemann at [email protected]. Environmental, health and safety concerns can also be reported to the following agencies:
- For concerns about air quality, climate change, chemicals and toxics, or health, land, waste, and cleanup, report the violation to the Environmental Protection Agency at https://echo.epa.gov/report-environmental-violations
- For concerns about workplace conditions such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 800-321-6742 or https://www.osha.gov/ords/osha7/eComplaintForm.html
- For concerns about the destruction of wetlands, contact your local district branch of the U.S. Army Corps of Engineers’ Office at 978-318-8338 or [email protected] (USACE, New England District)
- For concerns about discriminatory environmental and health impacts caused by recipients of federal funds, contact the U.S. Attorney’s Office for the District of Connecticut’s Civil Rights Unit at [email protected]
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The District is composed of approximately 68 Assistant U.S. Attorneys and approximately 57 staff members at offices in New Haven, Hartford and Bridgeport.
Two Guatemalan Nationals Plead Guilty to Human Smuggling Conspiracy Resulting in 2021 Death of Migrant in Odessa, TexasRead the Press Release
On Thursday, Guatemalan nationals Armando Gael-Galicia aka Artemio Diego Andres Gonzalez and Luis Moreno-Gonzalez, 26, and Jose Diego Tercero-Gonzalez, 22, both of whom resided in Texas, pleaded guilty in federal court in the Western District of Texas to conspiracy to transport and harbor aliens for financial gain and resulting in death. At sentencing, each will face a statutory maximum penalty of life in prison.
In early May 2021, the body of a young indigenous Guatemalan woman was discovered in a remote area just outside of Odessa, Texas. On Aug. 23, 2021, Gael-Galicia and Tercero-Gonzalez were arrested in or near 910 Coyochic Avenue in Odessa, which was the location of the trailer where the victim was taken and died. Inside the trailer were additional migrants who had entered the country illegally, detailed ledgers, and more than 100 cell phones. Pursuant to their guilty pleas, the defendants admitted that they operated a prolific alien smuggling organization and were responsible for the transportation of the migrant who died.
This investigation is related to the recent indictment and arrests of Felipe Diego Alonzo aka Siete, 38; Nesly Norberto Martinez Gomez aka Canche, 37; Lopez Mateo Mateo aka Bud Light, 42; and Juan Gutierrez Castro aka Andres, 45; in Guatemala in August 2022. Those defendants allegedly conspired with other smugglers to facilitate the travel of large numbers of migrants from Guatemala through Mexico, and ultimately, to the United States, charging the migrants and their families approximately $10,000 to $12,000 for the perilous journey. In addition to prolific smuggling of migrants to the United States, the human smugglers targeted in the August 2022 operation are alleged to be responsible for the death of the same indigenous Guatemalan woman transported by Gael-Galicia and Tercero-Gonzalez. Guatemalan authorities arrested Diego Alonzo, Martinez Gomez, Mateo Mateo, and Gutierrez Castro pursuant to requests for their extradition by the United States.
“Joint Task Force Alpha (JTFA) was created to investigate and prosecute the international networks responsible for dangerous human smuggling activities that exploit and victimize migrants,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Through extensive coordination with our U.S. Attorney’s Office and law enforcement partners, yesterday’s guilty pleas emphasize JTFA’s comprehensive mission to leave no stone unturned in its efforts to hold accountable all those who treat human life like a commodity.”
“I am incredibly thankful for the collaborative law enforcement efforts that resulted in these guilty pleas,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “Not only are they indicative of joint efforts to hold callous human smugglers accountable but they also demonstrate our firm commitment to ensuring that all victims receive justice.”
"While this conviction is a significant win for law enforcement agencies and task force partners, it’s equally important to acknowledge the closure and semblance of justice it brings the family and friends of the victims," said Acting Executive Associate Director Steve Francis of Homeland Security Investigations (HSI). “Human smugglers who conspire to undermine federal laws for profit have no regard for human life and combating this horrific crime of exploitation is one of our agency’s top priorities. Rest assured, HSI special agents will continue to utilize their broad range of authority and international footprint to identify, investigate, and disrupt domestic and transnational criminal organizations engaged in human smuggling operations around the world.”
“Transnational criminal organizations put profit over human lives,” said CBP Deputy Commissioner Troy Miller. “CBP has dedicated significant time, effort, and resources to strike at the heart of this problem through joining initiatives like Joint Task Force Alpha. These partnerships are critical to disrupting the criminals who prey on vulnerable individuals.”
This investigation was coordinated under Joint Task Force Alpha (JTFA). JTFA was created by Attorney General Merrick B. Garland in June 2021 in partnership with the Department of Homeland Security (DHS) to strengthen the Department’s overall efforts to combat these crimes based on the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle those human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.
Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other interagency law enforcement participants, and with foreign law enforcement partners, including El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations who have the most impact on the United States, and coordinated significant smuggling indictments and extradition efforts in U.S. Attorney’s Offices across the country. To date, JTFA’s work with its partners has resulted in criminal charges and over a hundred domestic and international arrests, including against leaders, organizers, and significant facilitators of human smuggling activities; several dozen convictions; significant jail sentences imposed; and substantial asset forfeiture. JTFA is comprised of detailees from southwest border U.S. Attorney’s Offices, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California, and dedicated support for the program is also provided by numerous components of the Criminal Division that are part of JTFA – led by the Human Rights and Special Prosecutions Section (HRSP), and supported by the Office of Prosecutorial Development, Assistance and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Justice Department’s Office of International Affairs (OIA), and the Organized Crime and Gang Section (OCGS). JTFA is made possible by substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration (DEA), and other partners.
HSI Midland led U.S. investigative efforts, working in concert with HSI Guatemala and the HSI Human Smuggling Unit in Washington, D.C. HSI received substantial assistance from the U.S. Immigration and Customs (ICE)’s Enforcement and Removal Operations, U.S. Customs and Border Protection’s National Targeting Center/Operation Sentinel; the U.S. Border Patrol; the U.S. Marshals Service; the Odessa and Midland Police Departments; the Texas Department of Public Safety; and the Ector County, Midland County, and Crane County Sherriff’s Offices. The Department of Justice thanks Guatemalan law enforcement, who were instrumental in furthering this investigation.
The case is being handled by JTFA Co-Director James Hepburn of HRSP and Assistant U.S. Attorneys John Fedock and Jose Luis Acosta for the Western District of Texas and JTFA, with assistance from HRSP Historian/Latin America Specialist Joanna Crandall and Money Laundering and Asset Recovery Section Trial Attorney Daria Andryushchenko. The Justice Department’s Office of International Affairs and Office of Overseas Prosecutorial Development, Assistance and Training provided significant assistance.
The charges contained in an indictment are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.