Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 12 September 2022
Postal Service Employee Admits Stealing Cell Phones from MailRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, woman today admitted stealing numerous cell phones from mail that passed through the United States post office where she was employed, U.S. Attorney Philip R. Sellinger, announced.
Nyasia Hutchinson, 26, of Jersey City, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging her with one count of theft of mail by a postal employee.
According to documents filed in this case and statements made in court:
Hutchinson was employed by the U.S. Postal Service as a postal service clerk at the Elizabeth Post Office (EPO). From May 1, 2018, through Dec. 31, 2018, another EPO employee provided Hutchinson with 15 to 20 stolen cellphones that the employee had taken out of packages at the EPO that had been mailed to a Hillside, New Jersey, business. Hutchinson admitted that she taped up empty packages and placed them back in the mail stream after cellphones had been removed. Hutchinson later sold the stolen iPhones which had a total approximate value of $12,000, keeping the sales proceeds for herself.
The theft of mail by a postal employee charge carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Jan. 31, 2023.
U.S. Attorney Sellinger credited special agents of the U.S. Postal Service Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Leslie Faye Schwartz of the U.S. Attorney’s Office’s Special Prosecutions Division in Newark.
Peoria Woman Sentenced to 24 Months in Federal Prison for Making False Statements in Connection with Straw-Purchasing SchemeRead the Press Release
PEORIA, Ill. – A Peoria, Illinois, woman, Keena Fauntleroy, 29, of the 3400 block of West Oakcrest Drive, was sentenced on September 9, 2022, to 24 months in federal prison for making false statements during the purchase of firearms. Upon release from imprisonment, Fauntleroy will serve a two-year term of supervised release.
At the sentencing hearing, the government presented evidence that Fauntleroy made false statements related to her purchase of firearms for her partner, Jarmarco O. Moore, 32, of the 1300 block of North Machin Ave., in Peoria, Illinois, who was prohibited from possessing firearms due to his status as a felon. Federal agents began investigating Fauntleroy’s gun purchase history when two of the guns she had purchased in 2019 were recovered during criminal investigations by the Peoria Police Department.
Per the government’s evidence, the investigation revealed that Fauntleroy had purchased ten guns between January 2019 and January 2021. On March 8, 2021, agents seized a 9mm handgun from Fauntleroy and approached Moore at his residence. While agents interviewed Moore at the front door of his home, police at the rear of the home saw a minor female exit the back door carrying a backpack. The minor female was stopped and questioned by police.
Agents then searched the backpack and located 20 grams of cocaine and two firearms: a Glock Model 20 10mm handgun loaded with 14 rounds in the magazine and one in the chamber, and a Ruger Model 57 handgun loaded with 21 rounds in the magazine and one in the chamber. Fauntleroy was reported to have purchased these two handguns three months earlier, on January 7 and 8, 2021. The investigation revealed that Moore had directed the juvenile to remove the backpack with the guns and drugs from the house when he learned that law enforcement agents were headed to the residence. Agents also learned that after Fauntleroy purchased firearms for Moore, he would either sell or trade them to others.
Also at the sentencing hearing, U.S. District Judge James E. Shadid stated that the sentence was intended to promote respect for the law and deter criminal conduct, stating it is unacceptable “for someone to wreak havoc on our streets” through such straw purchases. In discussing the serious and dangerous nature of the offense, Judge Shadid noted the term of imprisonment was appropriate for such a serious offense, even in light of Fauntleroy’s lack of criminal history.
Fauntleroy was indicted in June 2021 and entered a plea of guilty in May 2022.
The statutory penalties for a making a false statement during the purchase of a firearm are up to 10 years’ imprisonment, a fine of up to $250,000, and up to three years of supervised release.
Moore was previously sentenced on April 14, 2022, to 110 months in prison, to be followed by three years of supervised release, for possession of a firearm as a felon in connection with this case.
The Peoria Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant U.S. Attorneys Ronald L. Hanna and Keith Hollingshead-Cook represented the government in the prosecution.
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.
ATF’s campaign “Don’t Lie for the Other Guy” is a part of PSN aimed at reducing firearm “straw purchases”, the illegal purchase of a firearm by one person for another, and to educate would-be straw purchasers of the penalties of knowingly participating in an illegal firearm purchase. More information about the campaign can be found at: www.dontlie.org.
Peoria Man Sentenced to 37 Months in Federal Prison for Participating in the Theft of 25 Firearms from a Gun StoreRead the Press Release
PEORIA, Ill. – A Peoria, Illinois, man, DaJuan Edwards-Melton, 21, of the 2100 block of W. Antoinette Street, was sentenced on September 8, 2022, to an aggregate 37 months in federal prison for his role in the burglary of a federally licensed firearms dealer and for possession of stolen firearms. Following the term of imprisonment, Edwards-Melton will serve a three-year term of supervised release.
At the sentencing hearing, the government presented evidence that in the early morning hours of December 12, 2021, a juvenile female with her infant child drove Edwards-Melton and two juvenile males to Midwest Exchange, a firearms dealer in Bloomington, Illinois, where the crew attempted but failed to enter the business by force. The crew then moved on to Smiley’s Sports Shop where they broke a window, entered the business, and stole 24 handguns and an AR-15 rifle. After the burglary, the crew returned to Peoria with the firearms.
The government explained in court that an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Bloomington Police Department; and the Peoria Police Department led to the arrest of Edwards-Melton on December 13, 2021. At the time of his arrest, Edwards-Melton was in possession of one of the handguns stolen during the burglary. Also on December 13, 2021, agents recovered two additional stolen handguns during the search of a residence on Warren Street in Peoria.
The government also presented evidence that, following the burglary, Edwards-Melton distributed firearms to three acquaintances prior to his arrest. To date, six of the 25 stolen firearms have been recovered. Of the six recovered, the government established that three of them had been used in other crimes in Peoria, including the shooting of a 13-year-old boy in December 2021. The government established that another stolen firearm had been recovered during the investigation of an armed vehicular carjacking and a third stolen gun was recovered during the foot pursuit of a subject wanted for domestic battery.
Edwards-Melton was indicted by a federal grand jury in December 2021 and entered a guilty plea to both counts in March 2022. He has remained in the custody of the U.S. Marshals Service.
The statutory penalties are up to 10 years’ imprisonment, up to a $250,000 fine, and up to three years of supervised release for each count.
The case investigation was conducted by the Bloomington and Peoria Police Departments and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Ronald L. Hanna represented the government in the prosecution.
The case against Edwards-Melton 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.
Pennsylvania man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Solomon Williams, of Reading, Pennsylvania, was sentenced today to 60 months of incarceration for a firearms trafficking conspiracy, United States Attorney William Ihlenfeld announced.
Williams, 29, pleaded guilty in November 2021 to one count of “Conspiracy.” Williams admitted to working with others to purchase, possess, and transfer firearms to persons who couldn’t legally purchase or possess firearms. The crimes took place from April 2019 to December 2020 in Berkeley County and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. District Judge Gina M. Groh presided.
Paterson Police Sergeant Sentenced to 33 Months in Prison for Conspiracy to Violate Civil Rights and Filing False Police ReportRead the Press Release
NEWARK, N.J. – A Paterson Police Department sergeant was sentenced today to 33 months in prison for conspiring to violate civil rights and filing a false police report, U.S. Attorney Philip R. Sellinger announced.
Michael Cheff, 51, of Oakland, New Jersey, was convicted May 26, 2022, following a five-day trial before U.S. District Judge Katharine S. Hayden on one count of conspiracy to deprive persons of civil rights and one count of falsification of a police report. Judge Hayden imposed the sentence today in Newark federal court.
“It’s a sad day when we have to announce the sentencing of a law enforcement official who has violated his oath, as we do today,” U.S. Attorney Sellinger said. “This defendant preyed on the public he had sworn to protect and violated the rights of citizens in the process, all to line his pockets and those of the officers he was supposed to be supervising. We work hand-in-hand with our local law enforcement partners, and those partnerships are critical to our work. We will not tolerate the few bad officers who tarnish the badge.”
“Whether local, state, or federal, those of us who carry a badge have to prove ourselves worthy every single day,” FBI Special Agent in Charge James Dennehy, Newark Division, said. “This defendant not only betrayed his badge and the public who entrusted him with it, he led his subordinates down a path of self-destruction and left his fellow officers to deal with the fallout. We value the strong partnerships we have with our local and state counterparts. Officers who betray their oath are few and far between and we are committed to protecting the integrity of the badge to benefit those who work hard to protect it, as well as protect the general public.”
According to documents filed in this case and evidence at trial:
Eudy Ramos, Daniel Pent, Jonathan Bustios, Matthew Torres, and Frank Toledo were police officers with the Paterson Police Department. Cheff, who was a sergeant, supervised their activities and approved their reports and other paperwork related to arrests and seizures of money, narcotics, and firearms. Ramos, Pent, Bustios, Torres, and Toledo, while on official duty, violated the civil rights of individuals in Paterson. They stopped and searched motor vehicles without any justification and stole cash and other items from the occupants. They also illegally stopped and searched individuals in buildings or on the streets of Paterson and seized cash from them. They concealed their activities by submitting to Cheff false reports that omitted, or falsified, their illegal activities. Cheff signed off on those false police reports and routinely received a portion of these stolen monies from some of these officers.
On Nov. 14, 2017, Cheff joined Bustios, Ramos, and Torres in stealing cash from an apartment in Paterson. Bustios, Ramos, and Torres stopped and arrested an individual in Paterson. The officers went to the individual’s apartment and were joined by Cheff. After the arrested individual was coerced to sign a consent to search form, and while the arrested individual was handcuffed in a police car, Cheff, Bustios, and Ramos went to search the individual’s apartment. After obtaining consent to search the apartment by lying to the individual’s mother, Cheff, Bustios, and Ramos then searched the individual’s room and located a safe inside the room. Cheff took money and narcotics from the safe and put the money in his pocket. Cheff handed a small portion of the money stolen from the safe to Bustios and told Bustios to log it into evidence. Cheff also approved a police report that falsely stated that the officers had recovered $319 from on top of a shelf in the individual’s room.
Later that day, Bustios and Toledo exchanged text messages discussing Cheff’s theft of money. Bustios said, among other things, that Cheff “got us for over a stack today,” that “there was a safe” and that Cheff “grabbed the cash.” According to the individual whose apartment was searched, the safe contained approximately $2,700, and all of it was missing after the search was completed.
In addition to the prison term, Judge Hayden sentenced Cheff to three years of supervised release. Ramos, Pent, Bustios, Torres, and Toledo previously pleaded guilty; Toledo and Pent were sentenced Sept. 9, 2022, and Bustios, Torres and Ramos were sentenced Sept. 8, 2022.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Dennehy in Newark, with the investigation leading to today’s sentencing. He also thanked the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, and the Paterson Police Department Office of Internal Affairs, for their assistance.
The government is represented by Assistant U.S. Attorney Jihee G. Suh, Deputy Chief of the Special Prosecutions Division, and Assistant U.S. Attorney Thomas S. Kearney of the Special Prosecutions Division.
Orlando Man (a/k/a “Satans Child”) Arrested for Producing Child Rape VideoRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces the arrest of Miguel Diaz Gonzalez (40, Orlando) on a criminal complaint charging him with production of child sex abuse material. If convicted, Gonzalez faces a minimum mandatory penalty of 15 years, and up to 30 years, in federal prison. Gonzalez made his initial appearance before U.S. Magistrate Judge Celeste F. Bremer last week and has been ordered detained pending trial.
According to the complaint, the National Center for Missing and Exploited Children (NCMEC) received a tip concerning an online media storage account associated with username “Satans child,” and investigators found child sexual abuse material in that account. Usage of the “Satans child” account was traced to Gonzalez’s home in Orlando. Following the execution of a search warrant at Gonzalez’s home, law enforcement agents confirmed that Gonzalez uses the “Satans child” account and, thereafter, executed a warrant to search the account, which contained a video depicting Gonzalez raping an eight-year-old child who had previously been in Gonzalez’s care.
A complaint is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by Federal Bureau of Investigation, with assistance from the Orlando Police Department, the Seminole County Sheriff’s Office, and the Florida Department of Law Enforcement. It will be prosecuted by Assistant United States Attorney Emily C. L. Chang.
This is another case 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’ Office and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Omaha Man Sentenced to 68 Months for Possessing Dealer Quantities of FentanylRead the Press Release
Acting United States Attorney Steven Russell announced that Zakk L. Biggs, 32, of Omaha, Nebraska, was sentenced today in federal court in Omaha by Chief United States Judge Robert F. Rossiter, Jr., for possession with intent to distribute 40 grams or more fentanyl. Biggs received a sentence of 68 months’ imprisonment with a four-year term of supervised release to follow. There is no parole in the federal system.
On November 21, 2021, DEA agents intercepted a FedEx package that contained 2,000 fentanyl pills. On November 23, 2021, agents did a controlled delivery of the package to the listed address. Carlos Rios-Alonso accepted the package and was then arrested. Further investigation revealed that the ultimate recipient of the package was Biggs. Biggs was arrested after arriving to meet with Rios-Alonso.
Rios-Alonso is currently set for trial on October 17, 2022.
This case was investigated by the Drug Enforcement Administration.
Ohio Sex Offender Pleads Guilty to Sex Offense Against MinorRead the Press Release
CHARLESTON, W.Va. – Jeffrey Lee Ward Jr., 31, of Bellaire, Ohio, pleaded guilty today to traveling in interstate commerce to engage in illicit sexual conduct with a minor.
According to court documents and statements made in court, on February 4, 2022, Ward traveled from Ohio to Parkersburg, West Virginia, to meet an individual he believed to be a 14-year-old girl in order to engage in sexual activity, including sexual intercourse. Ward had been communicating with the individual via an instant messaging app. Ward used the app to send a photo of his genitalia to the individual. When Ward showed up at their arranged meeting location, he was arrested.
Ward is scheduled to be sentenced on December 5, 2022, and faces a maximum penalty of 30 years in prison, five years to a lifetime of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) West Virginia Human Trafficking and Child Exploitation Task Force, the West Virginia State Police, the Parkersburg Police Department.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorneys Jennifer Rada Herrald is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-51.
###
Ohio Doctor Pleads Guilty in St. Louis to Telemedicine Kickback SchemeRead the Press Release
ST. LOUIS – A doctor from Ohio pleaded guilty Monday to three felony charges and admitted accepting $291,000 in kickbacks from telemedicine companies involved in a nationwide fraud scheme.
Despite knowing it was illegal to solicit or accept any payments in return for referrals, Dr. Amy E. Swegan, 47, of Aurora, Ohio, was paid $30 for each “consult” she performed on behalf of a series of companies from July 25, 2017 to February 28, 2019. She then approved prescriptions for pain cremes, genetic tests for cancer and orthotic braces and other durable medical equipment for thousands of patients, her plea agreement says.
Medicare, Medicaid and other insurers will reimburse for durable medical equipment only if a qualified health professional determines that the brace is medically necessary. Swegan simply accepted the statements of the telemedicine companies that the intake workers employed by them were qualified to assess patients. She made no further inquiry or investigation, and simply ordered orthotic braces that patients did not request or need, her plea agreement says.
Swegan admitted ignoring numerous red flags and deliberately chose not to inquire as to whether the agreements and practices were improper, unethical or illegal.
Medicare and Medicaid were billed over $18 million by the companies and paid out $7.2 million, Swegan’s plea says.
Swegan pleaded guilty Monday in front of U.S. District Judge Sarah E. Pitlyk to one count of conspiracy and two counts of health care fraud. She is scheduled to be sentenced December 14. The conspiracy charge carries a penalty of up to five years in prison and a $250,000 fine and the fraud counts are punishable by up to 10 years in prison and a $250,000 fine. She will be ordered to pay $7.2 million in restitution.
"Doctors engaging in kickback schemes corrupt the provider-patient relationship and impose hidden costs on the health care system," said Curt L. Muller, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Alongside our law enforcement partners, HHS-OIG is committed to safeguarding the integrity of federal health care programs by, in part, holding individuals who unlawfully bill the programs accountable for their actions."
HHS-OIG, the FBI, the Defense Criminal Investigation Service and the Missouri Medicaid Fraud Control Unit investigated this case. Assistant U.S. Attorneys Dorothy McMurtry and Derek Wiseman are prosecuting the case.
New York woman sentenced for role in drug trafficking ringRead the Press Release
MARTINSBURG, WEST VIRGINIA – Argelianka Garcia, of New York, New York, was sentenced today to five years probation for her involvement in a drug conspiracy that spanned several states, United States Attorney William Ihlenfeld announced.
Garcia, 46, pleaded guilty in August 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine Hydrochloride and Cocaine Base.” Garcia admitted to working with others to distribute more than 98 grams of cocaine base, also known as “crack,” and more than 10 grams of cocaine hydrochloride from June to December 2019 in Berkeley and Jefferson Counties.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Gina M. Groh presided.
Find the related press release here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
New York City Man and Alabama Woman Plead Guilty to Attempting to Provide Material Support to ISISRead the Press Release
Today in the Southern District of New York, Arwa Muthana, 30, of Hoover, Alabama, pleaded guilty to attempting to provide material support to the Islamic State of Iraq and al-Sham, aka ISIS, a designated foreign terrorist organization. On Friday, her husband James Bradley, aka Abdullah, 21, of the Bronx, entered a guilty plea to the same charge.
According to court documents, Bradley and Muthana are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS. Bradley expressed violent extremist views since at least 2019, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States. In May 2020, Bradley stated to an undercover law enforcement officer (UC-1) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate. Bradley further expressed his desire to conduct a terrorist attack in the United States and discussed potentially attacking the U.S. Military Academy in West Point, New York. Bradley explained that if he could not leave the United States, he would do “something” in the United States instead, referring to carrying out an attack.
In June 2020, Bradley reaffirmed his interest to UC-1 in attacking a military base, and that doing so would be his contribution to the cause of jihad. In January 2021, Bradley mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (ROTC) cadets training. Bradley stated that he could use his truck in an attack, and that he along with Muthana could take all of the ROTC cadets “out.”
In late January 2021, Bradley married Muthana in an Islamic marriage ceremony. Beginning before and continuing after their marriage, Bradley and Muthana discussed, planned and ultimately attempted to travel to the Middle East together to join and fight with ISIS. In or about early March 2021, Bradley traveled from New York to Alabama to visit Muthana, and Bradley and Muthana traveled back to New York together, to travel from New York to join ISIS in the Middle East. Thereafter, Bradley raised the possibility of UC-1 helping Bradley and Muthana get on a cargo ship to travel to Asia or Africa for the purpose of ultimately joining and fighting for ISIS. UC-1 subsequently put Bradley in contact with a purported associate who could assist Bradley in making arrangements for Bradley and Muthana to travel to the Middle East via cargo ship. In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (UC-2).
Later in March 2021, Bradley met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.” Bradley subsequently provided UC-2 $1,000 in cash as travel costs for Bradley and Muthana to take a cargo ship to Yemen. Bradley told UC-2 that he and Muthana both planned to be “fighting” after arriving in the Middle East. Bradley also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-hashimi al-Qurashi, the former leader of ISIS.
On March 25, 2021, UC-2 told Bradley that the cargo ship would be leaving on March 31, from a seaport in Newark, New Jersey. Bradley praised Allah and confirmed he and Muthana planned to travel on the ship. On March 31, 2021, Bradley and Muthana met with UC-2 on the way to the seaport. During this meeting, Muthana confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS. Bradley and Muthana were arrested as they walked on a gangplank to board the cargo ship. After Muthana was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah. Also on March 31, 2021, in connection with a court-authorized search, the FBI seized from a bedroom previously used by Bradley what appears to be a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region.
In the months and years prior to their arrests, Bradley and Muthana also accessed, posted and distributed extremist online content, including materials indicative of their support for ISIS. Such material included Bradley’s postings of images of ISIS fighters, Usama Bin Laden, and terrorist attacks, and his distribution to UC-1 of videos of ISIS fighters, a 2020 stabbing attack against a New York City Police Department officer, and extremists shooting a uniformed soldier. Content on Muthana’s cellphone, which was searched pursuant to a court-authorized search warrant, included images of an ISIS flag with Arabic writing, firearms, ISIS propaganda, and quotations of the deceased extremist preacher and former al Qaeda in the Arabian Peninsula member Anwar al-Awlaki, including, for example, a copy of the cover of a book authored by al-Awlaki and titled “44 Ways to Support Jihad.”
Bradley and Muthana each pleaded guilty to one count of attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Bradley is scheduled to be sentenced by Judge Engelmayer on Feb. 2, 2023, and Muthana is scheduled to be sentenced by Judge Engelmayer on Feb. 3, 2023.
The FBI’s New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies investigated the case.
Assistant U.S. Attorneys Andrew J. Defilippis, Kaylan E. Lasky, and Jason A. Richman are prosecuting the case, with assistance from Trial Attorney Jennifer Burke of the Counterterrorism Section.
New York City Man and Alabama Woman Plead Guilty to Attempting to Provide Material Support to ISISRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that JAMES BRADLEY, a/k/a “Abdullah,” and ARWA MUTHANA pled guilty to attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS”). BRADLEY pled guilty on September 9, 2022, and MUTHANA pled guilty earlier today, both before United States District Judge Paul A. Engelmayer in Manhattan federal court.
U.S. Attorney Damian Williams said: “Husband and wife James Bradley and Arwa Muthana admitted today to their support of ISIS, a violent extremist terrorist organization. In planning their support, Bradley and Muthana collected and distributed jihadist propaganda, including videos of Usama Bin Laden, and even chillingly expressed their desire to ‘take out’ American military cadets. Just one day after the anniversary of 9/11, today’s prosecution of Bradley and Muthana exemplifies that the resolve of this Office and our law enforcement partners will never waiver, and we will never forget.”
According to the Complaint, Indictment, and other public documents in the case, as well as statements made during court proceedings:[1]
BRADLEY and MUTHANA are ISIS supporters who attempted to travel to the Middle East to join and fight for ISIS. BRADLEY expressed violent extremist views since at least 2019, including his desire to support ISIS by traveling overseas to join the group or committing a terrorist attack in the United States. In May 2020, BRADLEY stated to an undercover law enforcement officer (“UC-1”) that he believed that ISIS may be good for Muslims because ISIS was establishing a caliphate. BRADLEY further expressed his desire to conduct a terrorist attack in the United States and discussed potentially attacking the United States Military Academy in West Point, New York. BRADLEY explained that if he could not leave the United States, he would do “something” in the United States instead, referring to carrying out an attack.
In June 2020, BRADLEY reaffirmed his interest to UC-1 in attacking a military base, and that doing so would be his contribution to the cause of jihad. In January 2021, BRADLEY mentioned to UC-1 another university in New York State where he frequently saw Reserve Officer Training Corps (“ROTC”) cadets training. BRADLEY stated that he could use his truck in an attack and that he along with MUTHANA could take all of the ROTC cadets “out.”
In late January 2021, BRADLEY married MUTHANA in an Islamic marriage ceremony. Beginning before and continuing after their marriage, BRADLEY and MUTHANA discussed, planned, and ultimately attempted to travel to the Middle East together in order to join and fight with ISIS. In or about early March 2021, BRADLEY traveled from New York to Alabama to visit MUTHANA, and BRADLEY and MUTHANA traveled back to New York together in order to travel from New York to join ISIS in the Middle East. Thereafter, BRADLEY raised the possibility of UC-1 helping BRADLEY and MUTHANA get on a cargo ship to travel to Asia or Africa for the purpose of ultimately joining and fighting for ISIS. UC-1 subsequently put BRADLEY in contact with a purported associate who could assist BRADLEY in making arrangements for BRADLEY and MUTHANA to travel to the Middle East via cargo ship. In reality, the purported facilitator was a law enforcement officer acting in an undercover capacity (“UC-2”).
Later in March 2021, BRADLEY met with UC-2 and expressed his desire to travel via cargo ship and to “fight among the rank[s] of the Islamic State.” BRADLEY subsequently provided UC-2 $1,000 in cash as travel costs for BRADLEY and MUTHANA to take a cargo ship to Yemen. BRADLEY told UC-2 that he and MUTHANA both planned to be “fighting” after arriving in the Middle East. BRADLEY also told UC-2 that he had a dream that he had given “bay’ah,” an Arabic term meaning the oath of allegiance, to Abu Ibrahim al-hashimi al-Qurashi, the former leader of ISIS.
On March 25, 2021, UC-2 told BRADLEY that the cargo ship would be leaving on March 31 from a seaport in Newark, New Jersey. BRADLEY praised Allah and confirmed he and MUTHANA planned to travel on the ship. On March 31, 2021, BRADLEY and MUTHANA met with UC-2 en route to the seaport. During this meeting, MUTHANA confirmed to UC-2 that she was traveling to the Middle East to fight for ISIS. BRADLEY and MUTHANA were arrested as they walked on a gangplank to board the cargo ship. After MUTHANA was arrested, she waived her Miranda rights and stated during an interview that she was willing to fight and kill Americans if it was for Allah. Also on March 31, 2021, in connection with a court-authorized search, the Federal Bureau of Investigation (“FBI”) seized from a bedroom previously used by BRADLEY what appears to be a hand-drawn image of a jihadi flag commonly used by ISIS and a hand-drawn map of the Pakistan region.
In the months and years prior to their arrests, BRADLEY and MUTHANA also accessed, posted, and distributed extremist online content, including materials indicative of their support for ISIS. Such material included BRADLEY’s postings of images of ISIS fighters, Usama Bin Laden, and terrorist attacks, and his distribution to UC-1 of videos of ISIS fighters, a 2020 stabbing attack against a New York City Police Department officer, and extremists shooting a uniformed soldier. Content on MUTHANA’s cellphone, which was searched pursuant to a court-authorized search warrant, included images of an ISIS flag with Arabic writing, firearms, ISIS propaganda, and quotations of the deceased extremist preacher and former al Qaeda in the Arabian Peninsula member Anwar al-Awlaki, including, for example, a copy of the cover of a book authored by al-Awlaki, titled “44 Ways to Support Jihad.”
* * *
BRADLEY, 21, of the Bronx, New York, and MUTHANA, 30, of Hoover, Alabama, each pled guilty to one count of attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison.
The maximum potential penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
BRADLEY is scheduled to be sentenced by Judge Engelmayer on February 2, 2023, at 10:30 a.m., and MUTHANA is scheduled to be sentenced by Judge Engelmayer on February 3, 2023, at 2:00 p.m.
Mr. Williams praised the outstanding efforts of the FBI New York Joint Terrorism Task Force, which consists of investigators and analysts from the FBI, the New York City Police Department, and over 50 other federal, state, and local agencies. Mr. Williams also thanked the Counterterrorism Section of the Department of Justice’s National Security Division.
The case is being handled by the Office’s National Security and International Narcotics Unit. Assistant United States Attorneys Andrew J. DeFilippis, Kaylan E. Lasky, and Jason A. Richman are in charge of the prosecution, with assistance from Trial Attorney Jennifer Burke of the Counterterrorism Section.
[1] Communications, conversations, and statements discussed and quoted herein are described in substance and in part.
Methamphetamine Conspirators Sentenced to Lengthy Prison TermsRead the Press Release
ABINGDON, Va. – A pair of drug traffickers, who conspired with several others to sell methamphetamine in Southwest Virginia, were sentenced last week in the Western District of Virginia to lengthy federal prison terms.
Amanda Dawn Skeens, 35, of Princeton, West Virginia, and Josh Goodman, 46, of Richlands, Virginia, both previously pleaded guilty to conspiracy to distribute and possession with the intent to distribute 50 grams or more of methamphetamine. Last week, Skeens was sentenced to 11 years in prison and Goodman was sentenced to 9 years in prison.
In August 2022, another member of the conspiracy, Zachary Thomas Justice, 26, also of Richlands, Virginia, was sentenced to 14 years on similar charges.
According to court documents, between August 2019 and January 2022, Skeens, Justice, Goodman, and co-defendants Steven Cantrell and Ronda Rose conspired to distribute methamphetamine in Tazewell and Russell Counties in Virginia.
Cantrell and Rose have all pleaded guilty for their roles in the conspiracy and are awaiting sentencing.
During 2019 and 2020, Justice and Cantrell sold methamphetamine out of an apartment they shared in Swords Creek, Virginia. In addition, Justice also traded firearms to Cantrell in return for methamphetamine for resale.
As part of the conspiracy, Skeens supplied methamphetamine several times a week from her home in West Virginia to other conspiracy members, who then brought the methamphetamine into Russell and Tazewell counties for further distribution, bringing anywhere from two ounces to a pound per trip.
United States Attorney Christopher R. Kavanaugh made the announcement.
The Russell County Sheriff’s Office, the Mercer County, West Virginia Sheriff’s Office, the Tazewell County Sheriff’s Office, the Southern West Virginia Drug Task Force, the Tazewell County Drug Task Force, the Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Mercer County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – Torrey Hairston, 35, of Bluefield, West Virginia, was sentenced today to one year and nine months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on March 19, 2021, law enforcement officers responded to a domestic violence complaint at Hairston’s apartment. Officers encountered Hairston and found one firearm in Hairston’s pocket and a second firearm on the apartment floor. Hairston admitted to possessing both firearms, a Baretta Nano 9mm pistol and a Glock 26 9mm pistol.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Hairston knew he was prohibited from possessing a firearm because of his felony conviction for possession with intent to distribute a controlled substance in Mercer County Circuit Court on March 27, 2017.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bluefield Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) for conducting the investigation.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Andrew D. Isabell prosecuted the case.
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. 1:21-cr-233.
###
Member of Roanoke-Area ATM Skimming Conspiracy Pleads GuiltyRead the Press Release
ROANOKE, Va. – A member of a Romanian criminal organization who traveled to the United States to conduct ATM skimming pleaded guilty last week in federal court.
Catalin Puscasu, 38, pleaded guilty to conspiracy to commit bank fraud, access device fraud, and aggravated identity theft. Puscasu is the third defendant to have pleaded guilty for his role in this scheme.
According to court documents, between December 2018 and March 2019, Puscasu and others worked together to obtain personal identifying information and then used that data to make unauthorized cash withdrawals from the accounts of these victims and/or use the victims’ credit for their personal gain.
Specifically, members of this criminal organization installed skimming devices and small hidden cameras onto ATM card readers at federally-insured banks throughout the Western District of Virginia in order to steal customers’ PINs and account numbers. The scammers encoded that stolen information onto blank debit cards and then used them to withdraw money.
In March 2019, Puscasu was arrested in Michigan for committing similar offenses. After serving 36 months in federal custody for those crimes, he was returned to the Western District of Virginia to face charges related to his conduct here. Pursuant to the terms of his plea agreement, Puscasu will serve an additional 18 to 37 months in prison and must pay restitution to the victims.
United States Attorney Christopher R. Kavanaugh made the announcement today.
The United States Secret Service, the Botetourt County Sheriff’s Office, the Roanoke County Police Department, the Campbell County Police Department, the Henry County Sheriff’s Office, the Farmville Police Department, the Patrick County Sheriff’s Office, the Blacksburg Police Department, and the Lynchburg Police Department investigated the case.
Assistant U.S. Attorney Coleman Adams is prosecuting the case.
McDowell County Man Sentenced to Prison for Role in Mercer County ArsonRead the Press Release
BLUEFIELD, W.Va. – A McDowell County man was sentenced to prison and two other men pleaded guilty today in connection with an arson fraud scheme.
Douglas Vineyard, 36, of Welch, was sentenced to three years and one month in prison, to be followed by three years of supervised release, for wire fraud. Scott Meadows, 52, of Welch, and Christopher Gross, 44, of Bluefield, Virginia, pleaded guilty to wire fraud.
According to court documents and statements made in court, on July 1, 2019, Vineyard bought a house on Princeton Street in Bluefield, West Virginia, for $5,000 at the direction of Gross. On July 31, 2019, Vineyard bought an insurance policy on the house with assistance from Gross, stating that the house’s purchase price had been $50,000. The insurance coverage included $285,500 for the dwelling, $142,750 for the contents and $14,275 for other structures.
In early August 2019, Vineyard, Gross and Meadows devised a scheme with others to burn down the house and collect the insurance proceeds. On August 6, 2019, Meadows set fire to the house with the help of two other individuals who were each offered $500 for their assistance. The house was a total loss. On August 16, 2019, Vineyard faxed a Sworn Statement of Proof of Loss seeking $285,500 in insurance proceeds for the house. The insurance company spent over $13,000 investigating Vineyard’s false claim, ultimately denying it.
Gross and Meadows are scheduled to be sentenced on January 9, 2023. Each faces a maximum penalty of 20 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Postal Inspection Service and the West Virginia Offices of the Insurance Commissioner.
Senior United States District Judge David A. Faber presided over the hearings. Assistant United States Attorney R. Gregory McVey is prosecuting the case.
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. 1:21-cr-131.
###
McDowell County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BLUEFIELD, W.Va. – Terry Headen, 47, of Havaco, McDowell County, pleaded guilty today to possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, on November 10, 2021, Headen sold an amount of a controlled substance represented to be heroin to a confidential informant in Havaco. Headen admitted that he possessed an AR-15 style semiautomatic rifle during the drug transaction.
Headen is scheduled to be sentenced on January 9, 2023, and faces mandatory minimum of five years and up to life in prison, five years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Southern Regional Drug and Violent Crime Unit.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Andrew D. Isabell is prosecuting the case.
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. 1:22-cr-177.
###
Maryland woman sentenced for drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Briya Nychelle Harrington, of Baltimore, Maryland, was sentenced today to three years probation for distributing fentanyl, United States Attorney William Ihlenfeld announced.
Harrington, 27, pleaded guilty in December 2021 to one count of “Aiding and Abetting Possession with Intent to Distribute Fentanyl.” Harrington admitted to working with another to distribute fentanyl in March 2021 in Hampshire County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Gina M. Groh presided.
Man Who Possessed Loaded Firearm While on Supervised Release Sentenced to Federal PrisonRead the Press Release
A man who possessed a loaded firearm while on supervised release was sentenced today to more than one year in federal prison.
Jamie Valentine. age 56, from Dubuque, Iowa, received the prison term after a March 1, 2022 guilty plea to being a felon in possession of a firearm.
At the guilty plea, Valentine admitted that on or about December 12, 2021, he possessed a High Standard Sport King .22 caliber pistol while prohibited due to being previously convicted of attempted enticement of a minor to engage in illicit sexual activity in 2009. At sentencing, the evidence showed that the United States Probation Office conducted an unannounced home visit and found a fully loaded .22 caliber pistol in Valentine’s nightstand.
Valentine was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Valentine was sentenced to 15 months’ imprisonment and fined $100. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Valentine 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 Liz Dupuich and investigated by the United States Marshals Service, the United States Probation Office, and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-cr-1003.
Follow us on Twitter @USAO_NDIA.
Man Sentenced to 41 Years in Federal Prison for Multiple Armed Robberies in RockfordRead the Press Release
ROCKFORD — A man was sentenced today to 41 years in federal prison in connection with a series of violent retail-store robberies in Rockford.
In the fall of 2015, RICKEY CLAYBRON and his co-conspirators carried out three violent robberies and one attempted robbery, using firearms to terrorize store clerks and patrons while stealing cigarettes and cash. Claybron or his co-conspirators physically assaulted, restrained, and shot at some of the store employees, wounding one of them.
A federal jury last year convicted Claybron, 36, of Rockford, on conspiracy, robbery, and firearm charges. In addition to the prison term, U.S. District Judge Iain D. Johnston in Rockford ordered Claybron to pay $10,280.75 in restitution.
Two co-conspirators – DEANDRE R. HAYWOOD and DARNELL LEAVY, both of Rockford – pleaded guilty prior to Claybron’s trial. Haywood was sentenced last year to 26 and a half years in federal prison, while Leavy was sentenced in 2019 to eleven and a half years.
Claybron’s sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Ashley T. Johnson, Acting Special Agent-in-Charge of the Chicago Field Office of the FBI. The investigation was conducted by the FBI-led Rockford Area Violent Crime Task Force, which includes law enforcement officers and agents from the FBI, Rockford Police Department, Loves Park Police Department, and Winnebago County Sheriff’s Office. The government was represented by Assistant U.S. Attorneys Jessica S. Maveus and Kaitlin Klamann.
According to evidence presented at Claybron’s trial, the three robberies and one attempted robbery occurred within a three-week period:
- Oct. 28, 2015: H&A Tobacco, 1623 Broadway in Rockford. Claybron pointed a gun at a clerk and ordered the clerk and a customer to get on the ground. Cash and multiple cartons of cigarettes were stolen from the store, along with the clerk’s personal belongings.
- Nov. 2, 2015: Advance Auto, 3019 Auburn St. in Rockford. A store employee was ordered at gunpoint to lay on the ground while another employee was ordered to open the cash registers. One employee was struck in the side of the face with a gun and later shot at when he ran from the store. The robbers stole cash from the store and from one of the employees.
- Nov. 5, 2015: Zake Convenience, 824 7th St. in Rockford. In this attempted robbery, Claybron pointed a gun at store clerks and reached behind a partition. When Claybron was unable to gain access to the cash register, he and the other robbers fled the store.
- Nov. 13, 2015: Shell Express, 3003 11th St. in Rockford. Claybron pointed a sawed-off shotgun at customers while Haywood pointed a gun at store employees and grabbed cigarettes and cash from the registers. Haywood then shot one of the employees in the back while Claybron struck an employee in the head with the shotgun.
Man Sentenced to 135 months for Operating a “Ponzi” Scheme and Committing Securities and Bank FraudRead the Press Release
SAN JUAN, Puerto Rico – Carlos Maldonado, owner of Business Planning Resources International Corporation (BPRIC), Glorimar Fashions and Tailoring, LLC, Global Business Insurance Agency Inc., and associated under the incorporation documents with Pet Card Systems, Inc., and Datavos Corporation, was sentenced today to 11 years and three months (135 months) in prison for securities fraud and bank fraud, and ordered to serve five years of supervised release. Maldonado was also ordered to pay $1,986,734.26 in restitution to 46 of his victims.
Maldonado was charged with 16 counts of securities fraud and bank fraud on October 27, 2016. In December 2019, he was found guilty on all counts after a jury trial. The jury found that, from on or about the year 2007 through the year 2012, Carlos Maldonado along with several associates fraudulently solicited and procured over $5,000,000 on behalf of BPRIC from over 100 individuals and other businesses. As part of the fraudulent scheme, Maldonado and his associates provided phony Investment Contracts to victims in Puerto Rico and the Continental US in exchange for their monetary investment in his bogus business enterprises.
During trial, the government presented checks, bank records, emails, other documentary evidence, and witness and victim testimonies that proved that the defendant made or caused materially false and misleading representations to be made to investors, including: (i) that the various companies were involved in legitimate business functions―which he knew not to be true; (ii) failing to disclose to investors that their funds would be used to buy and trade stocks and commodities on a ScottTrade account, Foreex Capital markets, LLC, and other personal trading accounts, and for Maldonado’s family expenses instead of funding the bogus business ventures; and (iii) failing to disclose that the investment funds fraudulently obtained were to be used by Maldonado to purchase goods and services at retail stores, restaurants, and spend money for travel, rent, entertainment, and personal auto loan payments.
After the imposition of this substantive sentence by US District Judge John A. Woodcock, District Judge from the District of Maine, United States Attorney W. Stephen Muldrow for the District of Puerto Rico emphasized that “investment fraud can come in many forms, but its main feature is the promise of a fast and high return. Fraudsters, posing as salespeople or entrepreneurs, contact unsuspecting individuals and offer them seemingly exciting investment opportunities. The victims are lured in by the promise of a deal that is “too good to be true” because it isn’t true. We want to remind the citizens of Puerto Rico that no investment is risk-free and that an offer of a high rate of return always means greater risk. Before investing, get written information, such as a prospectus or annual report, and be wary if a salesperson pressures you to invest immediately, promises you quick profits, encourages you to borrow money or cash-in retirement funds to invest, tells you to write false information on your account forms, or uses words like “guarantee,” “high return,” or “limited offer”. As soon as you suspect that you have been the target of fraudulent scheme, contact law enforcement so we can prosecute those responsible and attempt to recover the stolen funds.”
“The victims in this case, as with most cases, were promised an incredible return on the investment of their hard-earned money. Sadly, the promises were based on lies and they were preyed on by someone who used their desire for a better future to gain their trust and steal their dreams,” said FBI SAC Joseph González. “At the FBI we are committed to pursuing these cases to the end of the line, but we need victims to come forward. If you believe you or anyone you know has been a victim of one of these schemes, call 787-987-6500 or leave a tip online through tips.FBI.gov. Help us bring these criminals to justice.”
The case was prosecuted by Assistant United States Attorneys Edward Veronda and Jeanette Collazo, and investigated by the FBI.
###
Man Sentenced for Misuse of Social Security NumberRead the Press Release
COUNCIL BLUFFS, IA – Eric Jimenez Del Carmen, age 39, a Mexican citizen who resided in Denison, was sentenced on Wednesday, September 7, 2022, to 21 months in prison following his plea to a charge of misuse of social security number.
In November 2019, Del Carmen applied for employment with Monogram Foods, located in Harlan, by knowingly using a social security number that had not been assigned to him. Del Carmen was able to obtain employment at Monogram Foods as a result of misuse of social security number.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. Homeland Security Investigations and the Social Security Administration investigated the case.
Louisville Man Federally Indicted on Fentanyl Distribution and FirearmsRead the Press Release
Louisville, KY – A federal grand jury in Louisville, Kentucky, returned a nine-count indictment on September 7, 2022, charging a local man with distributing fentanyl and possessing a firearm in furtherance of a drug trafficking crime.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office made the announcement.
According to court documents, Trey Joshua Shoats, 29, of Louisville, conspired to distribute and distributed fentanyl in the Western District of Kentucky from at least July 5, 2022, to August 30, 2022. Specifically, he distributed fentanyl on July 5, July 27, August 2, and August 30, 2022. On each occasion, he possessed a firearm in furtherance of the drug transaction.
Shoats is charged with one count of conspiracy to distribute and distribution of 40 grams or more of a mixture and substance containing fentanyl; four counts of possession with intent to distribute and distribution of 40 grams or more of a mixture and substance containing fentanyl; and four counts of possession of a firearm in furtherance of a drug trafficking crime. The defendant made his initial court appearance today before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky. If convicted, he faces a combined mandatory minimum penalty of 30 years and a maximum penalty of life in prison. There is no parole in the federal system. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI is investigating the case. The Louisville Metro Police Department, the Jefferson County Sheriff’s Office, and the Kentucky State Police assisted in the investigation.
Assistant U.S. Attorney Ann Marie Blaylock is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Leader of Tax Fraud and Identity Theft Scheme Sentenced to 12 Years in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ARIEL JIMENEZ, a/k/a “Melo,” was sentenced to 12 years in prison in connection with his leading role in a broad tax fraud and identity theft conspiracy and his actions to launder the proceeds of his crimes. United States District Judge Sidney H. Stein imposed today’s sentence.
U.S. Attorney Damian Williams said: “Ariel Jimenez was the leader of a long-running fraudulent tax business that cheated the Government of tax refunds by stealing the identities of vulnerable children and using those identities to falsely claim tax credits on behalf of his clients. Today’s sentence holds Jimenez accountable for brazenly selling the identities of children to his customers for his own profit.”
According to the Indictment, evidence presented during trial, court documents, and statements in open court:
Beginning in or about 2007, JIMENEZ founded a tax business (the “Business”) in the Bronx, New York. From the outset, JIMENEZ obtained stolen identities of hundreds of minors and, working with his co-conspirators, sold those identities to his customers for between $1,000 and $1,500 in cash so that customers could claim those minors as fraudulent dependents on their tax returns. JIMENEZ personally received $1,000 in cash for every identity sold. JIMENEZ and his co-conspirators callously referred to these stolen identities as “pollitos,” meaning “little chickens.” In some years, JIMENEZ sold more than a thousand identities, resulting in personal profits to him of more than $1 million per year. In addition, JIMENEZ made hundreds of thousands of dollars every year in the tax fees that the Business charged to prepare fraudulent tax returns. In return for their participation in this scheme, the customers received thousands of dollars in inflated tax refunds.
JIMENEZ’s use of stolen identities harmed the actual caretakers of the children who were fraudulently claimed as dependents. In some cases, the people actually taking care of these children had much-needed tax refunds delayed and were required to prove their actual connection to their own dependent children.
JIMENEZ used the profits from his tax preparation business to acquire millions of dollars of real estate in addition to funding his lavish lifestyle. By his own admission, JIMENEZ spent more than $5.5 million of the Business’s proceeds on properties in the United States and abroad, jewelry, cars, and gambling. In or about March 2016, JIMENEZ transferred several properties purchased with fraud proceeds to his parents for little to no value in order to conceal the criminal source of the funds used to purchase the properties.
JIMENEZ was first arrested in November 2018 along with eight of his co-conspirators, including his sisters Evelin Jimenez and Ana Yessenia Jimenez, as well as additional co-conspirators Ireline Nunez, Leyvi Castillo, Cinthia Federo, Guillermo Arias Moncion, Marcos De Jesus Pantaleon, and Jose Castillo. The remaining eight defendants pled guilty to fraud and other offenses.
* * *
ARIEL JIMENEZ, 38, of the Bronx, New York was previously convicted at trial of conspiracy to defraud the United States with respect to tax returns, conspiracy to commit wire fraud, aggravated identity theft, and money laundering. In addition to his prison sentence, JIMENEZ was ordered to pay forfeiture in the amount of $14,580,000 and to forfeit three residential properties located in the Bronx. JIMENEZ was also ordered to pay restitution in the amount of $44,769,906.
Evelin Jimenez was sentenced on August 12, 2022, to 52 months in prison; Ana Yessenia Jimenez was sentenced on August 9, 2022, to 24 months in prison; Leyvi Castillo was sentenced on October 27, 2021, to 20 months in prison; Cinthia Federo was sentenced on December 20, 2021, to time served; Guillermo Arias Moncion was sentenced on December 18, 2019, to 24 months in prison; Marcos De Jesus Pantaleon was sentenced on January 15, 2020, to 20 months in prison; and Jose Castillo was sentenced on February 20, 2020, to 24 months in prison. Ireline Nunez has not yet been sentenced.
Mr. Williams praised the outstanding work of the IRS-Criminal Investigation.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorneys Daniel G. Nessim and Ni Qian are in charge of the prosecution.
La Crosse Man Sentenced to 81 Months for Illegal Firearm Possession & Cocaine TraffickingRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Curtis W. Ross, 34, La Crosse, Wisconsin was sentenced on Friday, September 9, by Chief U.S. District Judge James D. Peterson to 81 months in federal prison for possessing a firearm as a felon, possessing cocaine with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime. This prison term will be followed by 60 months of supervised release. Ross pleaded guilty to these charges on June 15, 2022.
On September 8, 2021, La Crosse Police Department (LCPD) officers pulled over a car driven by Ross because officers knew that probable cause existed to arrest the passenger and co-defendant, Lee Strawder, for violations of his state bond. Officers smelled marijuana coming from the vehicle and searched the vehicle. Under the front passenger seat, officers found a loaded Canik 9mm handgun, a loaded Beretta 9mm handgun, and a bag containing over an ounce of marijuana. Ross’s DNA was found on the Beretta. Strawder’s DNA was found on the Canik. Both Ross and Strawder were prohibited from legally possessing firearms due to prior felony convictions.
A backseat passenger told officers that he was in the car to purchase cocaine from Ross. After Ross was transported to jail, the transporting officer located three baggies of cocaine in his squad car that had been left there by Ross.
Officers searched Ross’s cell phone and found multiple photos of him with firearms, including what were believed to be the same Canik and Beretta handguns found in the car on September 8. Officers also located conversations on Ross’s phone where he discussed the buying and selling of narcotics as well as a firearm.
A few days after his arrest, Ross was released from custody on a signature bond. Less than a month later, on October 5, 2021, LCPD officers purchased heroin and fentanyl from Ross in La Crosse using a confidential informant.
On February 22, 2022, LCPD officers received a report that Ross had stolen his girlfriend’s truck. Officers responded and observed Ross running between houses. While an officer was following Ross in a squad car, Ross pointed a firearm and shot in the direction of the officer. Ross was located hiding under a vehicle. A loaded SCCY handgun and a spent casing were found in the area. Ross had baggies of cocaine and heroin, a loaded magazine, and a large quantity of cash on his person. He has been charged in state court in La Crosse for the shooting incident surrounding his arrest. At all relevant times, Ross was out on bond for a 2019 Milwaukee County case which involved possession of a firearm by a felon and felony drug possession.
At sentencing, Judge Peterson highlighted Ross’s firearm possession and that his involvement with multiple different firearms was particularly aggravating. Judge Peterson noted that the allegation that Ross discharged a firearm was especially concerning.
Co-defendant Lee Strawder pleaded guilty on June 22 to possessing a firearm as a felon. He is scheduled for a sentencing hearing before Judge Peterson on October 6, 2022. Strawder faces a maximum penalty of 10 years in prison.
The charges against Ross were the result of an investigation conducted by the La Crosse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The La Crosse County District Attorney’s Office also provided assistance in the case. Assistant U.S. Attorney Steven P. Anderson is prosecuting 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.
Keene Woman Pleads Guilty to Operating an Unlicensed Money Transmitting BusinessRead the Press Release
CONCORD – Aria DiMezzo, 35, of Keene, New Hampshire, pleaded guilty in federal court on Monday to one count of operating an unlicensed money transmitting business, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, between June 2020 and January 2021, DiMezzo operated a business in New Hampshire through which she exchanged fiat currency (mostly United States dollars) for virtual currency for a fee. DiMezzo recruited customers on websites, including localbitcoins.com, who sent money to her through bank accounts opened in her name and in the name of the Reformed Satanic Church, an organization she created. DiMezzo then sent customers bitcoin or other virtual currency in return. DiMezzo sold more than $1.5 million worth of virtual currency through the bank accounts that she operated as part of the business. DiMezzo did not register her business as a money transmitting business and she did not comply with any of the various regulations imposed on money transmitting businesses. For example, at no time did DiMezzo file currency transaction reports for transactions over $10,000, or suspicious activity reports for transactions over $2,000 that may involve funds derived from illegal activity, among other things.
DiMezzo is scheduled to be sentenced on December 20, 2022.
This matter was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, and the United States Postal Inspection Service in coordination with the U.S. Treasury Department Financial Crimes Enforcement Network. The National Cryptocurrency Enforcement Team also assisted in the investigation. The case is being prosecuted by Assistant United States Attorneys Georgiana L. MacDonald, John J. Kennedy, and Seth R. Aframe.
###
Justice Department Secures Settlement with Iowa School District Concerning Discriminatory Seclusion and Restraint PracticesRead the Press Release
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Iowa announced today a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa, to address the discriminatory use of seclusion and restraint against students with disabilities.
The department’s investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities as early as kindergarten in violation of Title II of the Americans with Disabilities Act (ADA). The department concluded that instead of meeting the needs of students with disabilities that affect their behavior, the school district subdued them through unnecessary restraints and improper confinement alone in small seclusion rooms, sometimes multiple times in one day and often for excessive periods of time. As a result of these practices, some students lost hundreds of hours of instructional time. The investigation also found that the school district did not end seclusion where students showed signs of crisis or trauma, or when there was no longer any threat of harm. Under the settlement agreement, the Cedar Rapids Community School District has voluntarily agreed to end the use of seclusion, reform its restraint practices, and improve its staff training on anticipating, appropriately addressing and de-escalating students’ disability-related behavior through appropriate behavioral interventions.
“Students with disabilities should not be subjected to discriminatory and abusive seclusion and restraint practices that deny them equal access to education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When schools isolate and unlawfully restrain children with disabilities, rather than provide them with the supports needed for success in the classroom, they violate the promise of the Americans with Disabilities Act. Our agreement puts the Cedar Rapids Community School District on a path to significant institutional change and reform. We will continue working to ensure that school districts across the country are taking all steps needed to provide every student access to a safe and supportive learning environment.”
“Each and every child deserves an equal opportunity to learn and thrive,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. I am heartened by the district’s commitment to this landmark agreement, which will undoubtedly improve the education and everyday lives of many students in our community.”
The school district fully cooperated throughout the investigation. Under the settlement agreement, the school district will implement reforms needed to ensure that its practices do not discriminate against students with disabilities. The district will, among other steps:
- End its use of seclusion;
- Limit its use of restraints, revise its restraint procedures and practices, and consistently implement those procedures and practices in all schools;
- Report all instances of restraint and evaluate if they were justified;
- Offer counseling and other services to students who are restrained;
- Adopt policies and procedures to assess suicide risk, prevent suicide and self-harm, and implement immediate crisis intervention for students who threaten or engage in self-harm;
- Designate trained staff to collect and analyze restraint data and oversee the creation of appropriate behavior intervention plans;
- Deliver appropriate training and resources to help schools implement the agreement; and
- Hire two new administrators to oversee schools’ use of restraint, if any, and ensure the district’s compliance with the agreement and Title II of the ADA.
Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement, obtained jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office for the Northern District of Iowa, is the most recent in a series of Civil Rights Division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. In December 2021, for example, the division reached an agreement with the Frederick County Public School District in Maryland, in which the school district agreed to prohibit the use of seclusion in district schools and take proactive steps to ensure that its practices do not discriminate against students with disabilities. In December 2020, the division reached a similar agreement with the North Gibson School Corporation in Indiana. These and other matters build on the department’s steadfast commitment to ensuring educational equity and protection of students with disabilities.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at https://www.justice.gov/crt/educational-opportunities-section. To learn more about the Section’s work under the ADA to combat improper seclusion in schools, visit this website: https://www.justice.gov/schoolseclusion.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
Justice Department Secures Settlement with Iowa School District Concerning Discriminatory Seclusion and Restraint PracticesRead the Press Release
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Iowa announced today a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa, to address the discriminatory use of seclusion and restraint against students with disabilities.
The department’s investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities as early as kindergarten in violation of Title II of the Americans with Disabilities Act (ADA). The department concluded that instead of meeting the needs of students with disabilities that affect their behavior, the school district subdued them through unnecessary restraints and improper confinement alone in small seclusion rooms, sometimes multiple times in one day and often for excessive periods of time. As a result of these practices, some students lost hundreds of hours of instructional time. The investigation also found that the school district did not end seclusion where students showed signs of crisis or trauma, or when there was no longer any threat of harm. Under the settlement agreement, the Cedar Rapids Community School District has voluntarily agreed to end the use of seclusion, reform its restraint practices, and improve its staff training on anticipating, appropriately addressing and de-escalating students’ disability-related behavior through appropriate behavioral interventions.
“Students with disabilities should not be subjected to discriminatory and abusive seclusion and restraint practices that deny them equal access to education,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When schools isolate and unlawfully restrain children with disabilities, rather than provide them with the supports needed for success in the classroom, they violate the promise of the Americans with Disabilities Act. Our agreement puts the Cedar Rapids Community School District on a path to significant institutional change and reform. We will continue working to ensure that school districts across the country are taking all steps needed to provide every student access to a safe and supportive learning environment.”
“Each and every child deserves an equal opportunity to learn and thrive,” said U.S. Attorney Timothy T. Duax for the Northern District of Iowa. “Our office, in partnership with the department’s Civil Rights Division, will vigorously investigate allegations of discrimination on the basis of disability in all settings, including in our public schools. I am heartened by the district’s commitment to this landmark agreement, which will undoubtedly improve the education and everyday lives of many students in our community.”
The school district fully cooperated throughout the investigation. Under the settlement agreement, the school district will implement reforms needed to ensure that its practices do not discriminate against students with disabilities. The district will, among other steps:
• End its use of seclusion;
• Limit its use of restraints, revise its restraint procedures and practices, and consistently implement those procedures and practices in all schools;
• Report all instances of restraint and evaluate if they were justified;
• Offer counseling and other services to students who are restrained;
• Adopt policies and procedures to assess suicide risk, prevent suicide and self-harm, and implement immediate crisis intervention for students who threaten or engage in self-harm;
• Designate trained staff to collect and analyze restraint data and oversee the creation of appropriate behavior intervention plans;
• Deliver appropriate training and resources to help schools implement the agreement; and
• Hire two new administrators to oversee schools’ use of restraint, if any, and ensure the district’s compliance with the agreement and Title II of the ADA.
Enforcement of Title II of the ADA is a priority of the Civil Rights Division. This agreement, obtained jointly by the Civil Rights Division’s Educational Opportunities Section and the U.S. Attorney’s Office for the Northern District of Iowa, is the most recent in a series of Civil Rights Division settlements to address and prevent unlawful seclusion and restraint of students with disabilities in public schools. In December 2021, for example, the division reached an agreement with the Frederick County Public School District in Maryland, in which the school district agreed to prohibit the use of seclusion in district schools and take proactive steps to ensure that its practices do not discriminate against students with disabilities. In December 2020, the division reached a similar agreement with the North Gibson School Corporation in Indiana. These and other matters build on the department’s steadfast commitment to ensuring educational equity and protection of students with disabilities.
Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the Educational Opportunities Section’s work is available at https://www.justice.gov/crt/educational-opportunities-section. To learn more about the Section’s work under the ADA to combat improper seclusion in schools, visit this website: https://www.justice.gov/schoolseclusion.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
View the letter summarizing the investigation findings here. View the agreement here. View a plain language summary of the agreement here.
Justice Department Moves to Intervene in Disability Discrimination Suit Against San Juan, Puerto RicoRead the Press Release
The Justice Department today intervened in a disability discrimination lawsuit brought by individuals with mobility disabilities against the City of San Juan, Puerto Rico under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s complaint alleges that San Juan fails to provide people with mobility disabilities equal access to the city’s public sidewalk system.
The department’s complaint alleges that there are widespread accessibility issues with San Juan’s sidewalks, including curb ramps that are cracked, too steep or nonexistent, and walkways that are uneven, too narrow, or obstructed by bollards, utility poles or other obstacles. The department’s allegations are based on findings by the Department of Transportation Federal Highway Administration’s Office of Civil Rights as well as corroborating evidence developed in a subsequent investigation conducted by the department.
Both San Juan and the plaintiffs consented to the department’s intervention in the proceedings. The department has already participated in productive discussions with the parties and hopes for San Juan’s continued cooperation in reaching a resolution that brings the city into compliance with the ADA and Section 504.
“The ADA’s employment, transportation, and public accommodation protections provide little benefit to people with mobility disabilities if they cannot safely navigate a city’s streets and sidewalks,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This lawsuit aims to ensure that San Juan meets its obligations under federal law to ensure that its public sidewalk system is accessible to people with disabilities.”
“The ADA and Section 504 require that individuals with disabilities have equal access to city sidewalks so that they can fully participate in community life,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “We are committed to ensuring that San Juan takes the necessary steps to make its sidewalks, curb ramps and crosswalks accessible to all city residents and visitors, and confident that we can work with the city and the plaintiffs to secure a meaningful resolution of this civil action.”
The motion and complaint seeking intervention were jointly filed by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Puerto Rico. The department also previously filed a statement of interest in this matter.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. 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. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report.
Justice Department Moves to Intervene in Disability Discrimination Suit Against San Juan, Puerto RicoRead the Press Release
WASHINGTON – The Justice Department today intervened in a disability discrimination lawsuit brought by individuals with mobility disabilities against the City of San Juan, Puerto Rico under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act (Section 504). The department’s complaint alleges that San Juan fails to provide people with mobility disabilities equal access to the city’s public sidewalk system.
The department’s complaint alleges that there are widespread accessibility issues with San Juan’s sidewalks, including curb ramps that are cracked, too steep or nonexistent, and walkways that are uneven, too narrow, or obstructed by bollards, utility poles or other obstacles. The department’s allegations are based on findings by the Department of Transportation Federal Highway Administration’s Office of Civil Rights as well as corroborating evidence developed in a subsequent investigation conducted by the department.
Both San Juan and the plaintiffs consented to the department’s intervention in the proceedings. The department has already participated in productive discussions with the parties and hopes for San Juan’s continued cooperation in reaching a resolution that brings the city into compliance with the ADA and Section 504.
“The ADA’s employment, transportation, and public accommodation protections provide little benefit to people with mobility disabilities if they cannot safely navigate a city’s streets and sidewalks,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This lawsuit aims to ensure that San Juan meets its obligations under federal law to ensure that its public sidewalk system is accessible to people with disabilities.”
“The ADA and Section 504 require that individuals with disabilities have equal access to city sidewalks so that they can fully participate in community life,” said U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico. “We are committed to ensuring that San Juan takes the necessary steps to make its sidewalks, curb ramps and crosswalks accessible to all city residents and visitors, and confident that we can work with the city and the plaintiffs to secure a meaningful resolution of this civil action.”
The motion and complaint seeking intervention were jointly filed by the department’s Civil Rights Division and the U.S. Attorney’s Office for the District of Puerto Rico. The department also previously filed a statement of interest in this matter.
For more information on the Civil Rights Division, please visit www.justice.gov/crt. 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. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.
###
Jefferson City Man Sentenced for Meth Trafficking, Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – A Jefferson City man was sentenced in federal court today for drug trafficking and illegally possessing a firearm.
Mark Allan Moots, 38, was sentenced by U.S. District Judge Stephen R. Bough to 10 years in federal prison without parole.
On April 19, 2022, Moots pleaded guilty to one count of possessing methamphetamine with the intent to distribute and one count of possessing a firearm in furtherance of a drug-trafficking crime.
Jefferson City police officers executed a search warrant at Moots’s residence on June 26, 2020. Moots, who was arrested, was found attempting to hide in a bathroom shower. Officers found a loaded .410 Mossberg shotgun and .8 grams of methamphetamine in the dining room. Officers also found a backpack in the living room that contained 177 grams of pure methamphetamine and a loaded Ruger .380-caliber handgun. Officers found 2.4 grams of methamphetamine in the pocket of a pair of shorts in the laundry room and approximately 576 grams of packaged marijuana in the bedroom.
According to court documents, Moots has an extensive criminal history that includes numerous felony drug convictions and a conviction for a firearm offense.
This case was prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the Jefferson City, Mo., Police Department and the Drug Enforcement Administration.
Jackson Man Sentenced to over Five Years in Federal Prison for Possession of a Firearm by Convicted FelonRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 70 months in federal prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Jacques Ramon Brown, 40, was found in possession of a firearm by officers of the Jackson Police Department on July 2, 2021. Brown has several prior felony convictions. As a convicted felon, it is contrary to federal law for Brown to possess a firearm.
Brown pled guilty on May 31, 2022 to possession of a firearm by a convicted felon.
The Federal Bureau of Investigation and Jackson Police Department investigated the case.
Assistant U.S. Attorney Jessica S. Terrill prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Jackson Man Sentenced to over Eight Years in Federal Prison for Possession of a Firearm by Convicted FelonRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 105 months in federal prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Jarius Isaac Cameron, 29, was found in possession of a firearm by officers of the Jackson Police Department on March 7, 2021, during an investigation into an alleged armed robbery. Cameron has several prior felony convictions. As a convicted felon, it is contrary to federal law for Cameron to possess a firearm.
Cameron pled guilty on May 26, 2022 to possession of a firearm by a convicted felon.
The Federal Bureau of Investigation and Jackson Police Department investigated the case.
Assistant U.S. Attorney Jessica S. Terrill prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Inmate Pleads Guilty to Possessing Weapon at FCI McDowellRead the Press Release
BLUEFIELD, W.Va. – Alex Barrera, 26, an inmate at the Federal Correctional Institution (FCI) McDowell, pleaded guilty today to possession of a weapon by an inmate of a federal prison.
According to court documents and statements made in court, on April 5, 2022, an FCI McDowell staff member conducting a random pat-down search found a handcrafted weapon commonly known as a “shank” in the waistband of Barrera’s pants. The object was a piece of metal about six and one-half inches long, with one end sharpened to a point and the other end wrapped in cloth and a shoelace as a grip. Barrera admitted to possessing the object and that it was designed and intended to be used as a weapon.
Barrera is scheduled to be sentenced on December 5, 2022, and faces a maximum penalty of five years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Prisons.
Senior United States District Judge David A. Faber presided over the hearing. Assistant United States Attorney Timothy D. Boggess is prosecuting the case.
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. 1:22-cr-151.
###
Indianapolis Man Sentenced to 78 Months in Federal Prison for Distributing Child Sexual Abuse Material on FacebookRead the Press Release
INDIANAPOLIS – Darryl Dwight Lewis, Jr., 32, of Indianapolis, was sentenced to 78 months in federal prison after pleading guilty to distribution and receipt of child sexual abuse material.
According to court documents, on February 23, 2020, Lewis used his Facebook account to send another user a video depicting an adult male engaged in sexual intercourse with a prepubescent boy. Facebook reported the transmission, and the incident was referred to law enforcement officers. Through their investigation, Lewis was identified as the individual associated with the offending Facebook account.
On July 14, 2021, law enforcement officers met with Lewis at his place of employment. Investigators seized a cell phone from Lewis’ pocket and transported him to the police station to be interviewed. A search warrant was executed at Lewis’ residence, and multiple digital devices were seized—including a 32GB thumb drive containing dozens of videos of children engaged in sexually explicit conduct. Lewis admitted during his interview that he used the Facebook account in question to communicate with others. Lewis also admitted that he used a Dropbox account to store child sexual abuse material. Lewis possessed hundreds of images and videos of child sexual abuse in his accounts and on his devices, including depictions children being made to engage in sadistic or masochistic conduct.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Herbert J. Stapleton, Special Agent in Charge of the FBI’s Indianapolis Field Office, made the announcement.
FBI investigated the case. The Indianapolis Metropolitan Police Department also provided valuable assistance. The sentence was imposed by U.S. District Judge Jane Magnus-Stinson. As part of the sentence, Judge Magnus-Stinson ordered that Lewis be supervised by the U.S. Probation Office for 15 years following his release from federal prison and ordered Lewis to pay $65,000 in restitution to the child exploitation victims. Lewis must also register as sex offender wherever he lives, works, or goes to school, as required by law.
U.S. Attorney Myers thanked Assistant U.S. Attorney Kristina M. Korobov who prosecuted this case.
This investigation was conducted by the Indiana Internet Crimes Against Children (ICAC) Task Force, a partnership of federal, state, and local law enforcement agencies led by the Indiana State Police. The Task Force is dedicated to investigating and prosecuting crimes involving the technology-facilitated sexual exploitation of children and the trafficking of child sexual abuse material. Each year, Indiana ICAC investigators evaluate thousands of tips, investigate hundreds of cases, and rescue dozens of children from ongoing sexual abuse. In fiscal year 2019, the most recent year for which data is available, the Southern District of Indiana was second out of the 94 federal districts in the country for the number of child sexual exploitation cases prosecuted.
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 U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
Hopkins Man Sentenced to Life in Prison for Distributing Fentanyl that Caused Eleven Overdose DeathsRead the Press Release
ST. PAUL, Minn. – A Hopkins man has been sentenced to life in prison for distributing controlled substances, including fentanyl, which resulted in the deaths of eleven people and caused serious bodily injury to four people, announced U.S. Attorney Andrew M. Luger.
“Eleven lives lost. Families, friends, and communities forever changed by the devastation brought on by Aaron Broussard’s deadly fentanyl. Although the trauma felt by the victims can never be undone and the true cost can never be calculated, Mr. Broussard will now spend the remainder of his life behind bars,” said U.S. Attorney Andrew M. Luger.
“Let today’s sentencing serve as a wakeup call to the drug traffickers pushing fentanyl in and around our communities,” Drug Enforcement Administration (DEA) Omaha Division Special Agent in Charge Justin C. King said. “A mere two milligrams of fentanyl, equivalent in size to a few grains of salt, is enough to potentially kill a person. The threat of fentanyl is real, and the traffickers pushing this deadly substance will be held accountable for the lives they’ve taken, the families they’ve hurt and the communities they’ve devastated.”
“Today’s sentencing of Aaron Broussard sends a clear message in how critical a role the U.S. Postal Inspection Service and its law enforcement partners play in protecting American consumers from illegal narcotics being shipped via the U.S. Mail. U.S. Postal Inspectors are committed to continuing our work to dismantle drug trafficking operations to keep USPS customers and employees safe from greedy drug traffickers who favor profit over human lives,” stated Inspector in Charge Ruth M. Mendonça of the U.S. Postal Inspection Service, Denver Division.”
According to the evidence presented at trial, from 2014 through December 6, 2016, Aaron Rhy Broussard, 31, obtained controlled substances, including fentanyl, from China-based drug suppliers. Broussard conspired with his China-based suppliers to smuggle what would prove to be deadly drugs into the country. Broussard marketed these drugs for sale on his website, PlantFoodUSA.net, under the guise of selling plant food. He then used the United States mail and a United States Postal Service “Click-N-Ship” account to send out packages of deadly drugs around the country.
On March 12, 2016, Broussard placed a drug order for 100 grams of 4-FA, a controlled substance analogue, which was shipped from China. The package actually contained 100 grams of 99% pure fentanyl. Although Broussard had experienced a similar mix-up in August 2015 and was repeatedly told to test his drugs, he did not do so. Between March 31 and April 27, 2016, Broussard sent his branded packages containing fentanyl to more than a dozen customers throughout the United States. The customers had ordered and were expecting to receive an amphetamine analogue, similar to Adderall. They were not opiate users and had no tolerance for the deadly fentanyl Broussard sent them. After ingesting the fentanyl, believing it was Adderall, eleven of the customers died from a fentanyl overdose, and at least four customers suffered serious bodily injury.
Broussard continued distributing his deadly packages despite hearing about adverse reactions. Even after he learned that several customers had been hospitalized and nearly died, Broussard never warned his customers not to take the deadly drugs. Broussard did reach out to his suppliers in China to request a discount on his next drug delivery.
On March 31, 2022, following a 10-day jury trial before Senior U.S. District Judge Susan Richard Nelson, Broussard was convicted on 17 counts, including conspiracy, importation of fentanyl, possession with intent to distribute fentanyl, distribution of fentanyl resulting in death, distribution of fentanyl resulting in serious bodily injury, and possession with intent to distribute controlled substance analogues.
During the sentencing hearing, Senior U.S. District Judge Susan Richard Nelson lauded the bravery shown by victims and their families in providing their victim impact statements to the Court. In imposing the life sentence, Judge Nelson told Broussard, “Your disregard for human life is terrifying.”
This case is the result of an investigation conducted by the U.S. Drug Enforcement Administration and the U.S. Postal Inspection Service, in partnership with Homeland Security Investigations, Customs and Border Protection, the University of Minnesota Police Department, the Peoria Heights (Illinois) Police Department, the Dallas (Texas) Police Department, the Broome County (New York) Sheriff’s Office, the Volusia County (Florida) Sheriff’s Office, the Orange County (California) Sheriff’s Office, Garrard County (Kentucky) Sheriff’s Office, Hazel Green (Wisconsin) Police Department, and the Atlanta (Georgia) Police Department.
Assistant U.S. Attorneys Thomas M. Hollenhorst and Melinda A. Williams prosecuted the case.
Guilty Plea in Woonsocket Arson CaseRead the Press Release
PROVIDENCE – A 23-year-old man charged with setting fires in three locations inside a Woonsocket mill-type building in April 2019 today pleaded guilty in federal court to a charge of arson, announced United States Attorney Zachary A. Cunha.
Jacob E. Lahousse admitted that he set the fires after climbing a ladder and entering the rear of the building, which houses at least two businesses.
According to charging documents and information presented to the court, video surveillance shows Lahousse walking around the inside of building collecting various items and placing them into bags. About two hours after entering the building, Lahousse is seen on surveillance video destroying several video surveillance cameras. Lahousse then set three separate fires in the building that night: one inside a desktop computer on the basement level, one to a piece(s) of fabric on the basement level, and one on a loveseat in a first-floor office.
After receiving a fire alarm activation from the building, Woonsocket firefighters discovered smoke in the building and water flowing from sprinkler heads. They extinguished the small fire inside the desktop computer and smoldering papers on a desk in a first-floor office. Investigators also observed evidence of forced entry, smashed computers, ransacked offices in the form of papers strewn all about, and an attempted forced entry into a safe.
In the office that sustained fire damage a handwritten note was posted on the wall that stated, “[i]n case you decided 2 call the feds I got pics of the fam.” On the desk next to the note was an empty picture frame that previously contained a family photo.
Lahousse was identified as the individual depicted in the video surveillance by numerous individuals. On July 14, 2019, he was arrested by Blackstone, MA, police and found to be in possession of two checkbooks in the name of the owner of one of the businesses inside the Woonsocket building where he had set the fires.
Lahousse is scheduled to be sentenced on December 12, 2022. The defendant’s sentence will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
Arson is punishable by statutory penalties of between five and twenty years of incarceration to be followed by three years of federal supervised release.
The case is being prosecuted by Assistant United States Attorney Dulce Donovan.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Woonsocket Police Department; and the Rhode Island State Fire Marshal’s Office.
###
Former Utica Tax Preparer Indicted for Tax FraudRead the Press Release
SYRACUSE, NEW YORK – Dianna Nolan, age 46, formerly of Utica, New York, has been charged by indictment with two counts of filing false income tax returns and 15 counts of aiding and assisting the filing of false income tax returns. The indictment was announced by United States Attorney Carla B. Freedman and Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division (IRS-CI), New York Field Office.
The indictment alleges that Nolan worked as a professional tax return preparer in Oneida County, New York, between at least 2014 through 2018. Nolan is charged with filing false income tax returns on behalf of various clients during those years by falsely claiming losses for rental properties. Nolan is also charged with filing false tax returns on her own behalf for tax years 2017 and 2018 by failing to report all of the income she received from her tax preparation business.
The charges filed against Nolan carry a maximum sentence of 3 years in prison, a fine of up to $250,000, a term of supervised release of up to 1 year, and a special assessment of $100 per count of conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The defendant, who recently moved to Florida, was arraigned today by videoconference before United States Magistrate Judge Miroslav Lovric and released pending a trial to be scheduled before Senior United States District Court Judge Norman A. Mordue.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
This case is being investigated by Internal Revenue Service-Criminal Investigation Division (IRS-CI), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Former Heritage High School Football Coach Sentenced to Fifteen Years for Attempted Production of Child PornographyRead the Press Release
KNOXVILLE, Tenn. – On September 12, 2022, the Honorable Thomas A. Varlan, United States District Judge for the Eastern District of Tennessee, sentenced John David Morrow, 51, of Maryville, Tennessee, to 15 years in prison.
Morrow, a former football coach at Heritage High School, pleaded guilty to one count of attempted production of child pornography, in violation of 18 U.S.C. § 2251(a) and (e). Following his incarceration, Morrow will be on supervised release for 12 years and will be required to comply with special sex offender conditions. In addition, Morrow will be required to register with the state sex offender registry in whatever state in which he resides.
As set forth in the plea agreement filed with the court, Morrow used a social media platform to engage in conversations with an individual he believed to be a 12-year-old girl but who was actually an undercover federal agent. Morrow, despite knowing the victim’s age, repeatedly asked her to take sexually explicit photographs of herself for him to view, and he sent her several photographs of himself, including one displaying his genitalia.
This prosecution was the result of an investigation by the Federal Bureau of Investigation.
Assistant U.S. Attorney Jennifer Kolman represented the United States.
Members of the public who have questions or concerns related to this case, or any information relating to the sexual exploitation of children, should call 1-800-Call-FBI.
This case was brought as part of Project Safe Childhood (PSC), a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.projectsafechildhood.gov.
###
Five Physicians Plead Guilty to Federal Drug Crimes in Connection with HOPE ClinicRead the Press Release
CHARLESTON, W.Va. – Five physicians pleaded guilty in connection with prescription practices at HOPE Clinic, a purported pain management clinic that operated in Beckley, Beaver and Charleston, West Virginia, and Wytheville, Virginia.
Four of the physicians each pleaded guilty to a felony count of aiding and abetting obtaining a controlled substance by fraud: William Earley, D.O, 66, of North Myrtle Beach, South Carolina; Brian Gullett, D.O., 45, of Clarksville, Pennsylvania; Roswell Tempest Lowry, M.D., 88, of Efland, North Carolina; and Vernon Stanley, M.D., 79, of Fayetteville, West Virginia.
Mark Clarkson, D.O., 64, of Princeton, West Virginia, pleaded guilty to five misdemeanor counts of aiding and abetting the misbranding of a drug involved in interstate commerce.
According to court documents and statements made in court, from November 2010 until June 11, 2015, practitioners associated with HOPE (Hitech Opioid Pharmachovigilance Expertise) Clinic prescribed thousands of oxycodone- and morphine-based pills to individual customers. In some cases, these prescriptions provided an average of four to seven pills per day. Several HOPE Clinic locations averaged 65 or more customers a day during a 10-hour workday with only one practitioner working.
Gullett, Early and Stanley each signed multiple oxycodone prescriptions for a HOPE Clinic customer at the Charleston location for both 30 milligram and 15 milligram pills. The prescriptions were issued between March 13, 2013, and November 18, 2013, for a total of 390 pills. Gullett, Early and Stanley admitted that the customer’s medical chart did not support these prescriptions and that the prescriptions were not for a legitimate medical purpose in the usual course of professional medical practice.
Lowry signed prescriptions for a HOPE Clinic customer in Charleston for 180 oxycodone pills at 20 milligram and 15 milligram doses on August 12, 2014. Lowry admitted that he intentionally did not read the customer’s chart to determine if those prescriptions were for a legitimate medical purpose. Lowry instead issued the same prescriptions as previous physicians had for the customer.
Gullett, Earley, Lowry and Stanley each admitted that these customers had multiple failed or abnormal drug screenings, reported being addicted to pain medication, bought pills on the street, and sold pills from their HOPE Clinic prescriptions to others. Gullett, Earley, Lowry and Stanley further admitted that they did not discuss the possibility of addiction or the need for addiction treatment with these customers.
Clarkson admitted to helping HOPE Clinic issue prescriptions after major retailers had stopped filling them and smaller pharmacies could not meet the supply and demand of Hope Clinic customers. Some local pharmacies were enlisted by Patients, Physicians and Pharmacists Fighting Diversion (PPPFD), which managed HOPE Clinic’s daily operations, to compound oxycodone and other Schedule II controlled substances for HOPE Clinic customers. Because of restrictions on compounding a commercially available drug, HOPE Clinic physicians were instructed to write prescriptions for compound oxycodone in milligram doses that were not commercially available.
Clarkson wrote compound oxycodone prescriptions for five different HOPE Clinic customers at the Virginia location between October 2014 and December 2014. All five prescriptions were filled at Adkins Pharmacy in Gilbert, West Virginia, for a total of 635 pills at 32 milligram or 16 milligram doses. Clarkson admitted that none of the five customers had a legitimate medical need for prescriptions at 32 milligram or 16 milligram doses, as there was no therapeutic difference between those doses and commercially available doses.
Adkins Pharmacy agreed to pay $88,085.73 in civil monetary penalties in 2020. The settlement agreement resolved allegations that Adkins Pharmacy violated the Controlled Substances Act by filling illegitimate compound opioid prescriptions issued by physicians affiliated with HOPE Clinic. Adkins Pharmacy also entered into a three-year compliance agreement with the Drug Enforcement Administration (DEA) that imposes heightened reporting and oversight requirements and sanctions for non-compliance.
Gullett, Earley, Lowry, Stanley and Clarkson are scheduled to be sentenced on December 22, 2022. Gullett, Earley, Lowry and Stanley each face a maximum penalty of four years in prison, one year of supervised release, and a $250,000 fine. Gullett, Earley, Lowry and Stanley have also agreed to surrender their Drug Enforcement Administration (DEA) certificates of registration and to not oppose revocation of their registration to dispense controlled substances. Lowry and Stanley have further agreed not to apply for re-registration, while Gullett and Early have agreed not to apply for re-registration to dispense Schedule II controlled substances. Clarkson faces a maximum penalty of five years in prison, one year of supervised release, and a $500,000 fine.
Gullett, Earley, Lowry, Stanley and Clarkson were initially indicted in 2018 along with the owners, managers and other physicians associated with HOPE Clinic and PPPFD. The remaining defendants are awaiting trial. An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
“These pleas show our office’s continuing effort to protect lives and prevent future overdoses through all means possible,” said United States Attorney Will Thompson. “A lot of effort has gone into this case.”
Thompson commended the investigative work of the U.S. Department of Health and Human Services-Office of Inspector General (HHS-OIG), the Internal Revenue Service-Criminal Investigations (IRS-CI), the Food and Drug Administration-Office of Criminal Investigations (FDA-OCI), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the West Virginia State Police, the Metropolitan Drug Enforcement Network Team (MDENT), the Beckley Police Department, the Kentucky State Police, the Harrison County, Kentucky, Sheriff’s Department, and the Appalachia High Intensity Drug Trafficking Area Task Force (AHIDTA).
United States District Judge Frank W. Volk presided over the hearings. Assistant United States Attorneys Monica Coleman, Steve Loew and Owen Reynolds are prosecuting the case.
This prosecution was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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 Nos. 5:18-cr-26, 2:22-cr-167, 2:22-cr-168, 2:22-cr-169, 2:22-cr-170 and 2:22-cr-176.
###
El Salvadorian sex offender sentenced for second unlawful entryRead the Press Release
CORPUS CHRISTI, Texas – A 27-year-old man has been ordered to federal prison following his conviction of illegal re-entry into the United States, announced U.S. Attorney Jennifer B. Lowery.
Edgar Yovani Bonilla-Flores pleaded guilty June 17.
Today, U.S. District Judge Drew B. Tipton ordered Bonilla-Flores to serve 16 months in federal prison. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment.
At the hearing, the court heard additional evidence that Bonilla-Flores had previously illegally entered the United States on April 8, 2014. He had also engaged in criminal conduct that resulted in a conviction for the aggravated felony offense of third degree sex offense in Montgomery County, Maryland. In that case, the court heard he had sexual intercourse with a 14-year-old female he had met over social media. Bonilla-Flores had also failed to register as a sex offender. He was ordered to be removed from the United States Dec. 20, 2021.
In handing down the sentence, the court noted the egregiousness surrounding the prior sex offense and also that the Bonilla-Flores returned to the United States unlawfully shortly after being removed.
On April 18, authorities found Bonilla-Flores in Falfurrias. He was not in possession of any immigration documents nor had filed a petition to remain legally in the United States. He admitted to being a citizen of El Salvador and that he entered the country illegally by crossing the Rio Grande River near Hidalgo April 9. Records revealed he was physically removed Feb. 11.
Bonilla-Flores has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol conducted the investigation. Assistant U.S. Attorney J. Parker Gochenour prosecuted the case.
Ecuadorian National Pleads Guilty to Cocaine Conspiracy ChargeRead the Press Release
St. Croix, VI – United States Attorney Delia L. Smith announced today that Anthony Rommel Cuero Garcia, 24, of Ecuador, pleaded guilty before Magistrate Judge Emile A. Henderson, III, to Conspiracy to Possession with Intent to Distribute Cocaine while on Board a Vessel Subject to the Jurisdiction of the United States. Cuero Garcia’s sentencing date was scheduled for January 11, 2023.
According to court documents, on November 15, 2021, while on routine patrol in the Eastern Pacific Ocean, a Maritime Patrol Aircraft spotted a low-profile vessel approximately 77 nautical miles north of the Galapagos Islands, Ecuador. The United States Coast Guard and Coast Guard Cutter HAMILTON was diverted to the scene. Upon arrival, Coast Guard officers encountered the low-profile vessel which was outfitted with three outboard engines, had no flag flown, no registration numbers nor name painted on the hull. After boarding the vessel, the boarding team encountered four individuals later identified as Luis Rodriguez, a Columbian national, and Eliecer Pineda Torres, Carlos Benitez Estupinan and Anthony Cuero Garcia, all Ecuadorian nationals. With no claimed nationality or master of the vessel, the vessel was determined to be subject to the jurisdiction of the United States. Thereafter, Coast Guard officers inspected the vessel and found approximately 43 bales which contained 1,298 kilograms of cocaine.
The case was investigated by the United States Coast Guard, Drug Enforcement Administration and Customs and Border Protection. It is being prosecuted by Assistant United States Attorney Melissa P. Ortiz. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
District Man Sentenced to 16 Months in Prison for Firearms OffenseRead the Press Release
WASHINGTON – Azriel Echavarria, 20, of Washington, D.C., has been sentenced to 16 months in prison on a firearms charge, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department.
Echavarria pleaded guilty in April 2022, in the Superior Court of the District of Columbia, to carrying a pistol without a license. He was sentenced on Sept. 9, 2022, by the Honorable J. Michael Ryan. Following his prison term, he will be placed on years of supervised release.
On March 10, 2022, an officer with the Metropolitan Police Department observed as Echavarria broadcast live footage of himself on Instragram Live as he waved a gun around inside an apartment in the 800 block of Kenilworth Avenue NE. MPD officers placed Echavarria under arrest after he left the apartment and executed a search warrant to recover the firearm, a 9-millimeter semi-automatic pistol. Police also recovered ammunition and drugs from the apartment, which was not Echavarria’s home or place of business. At the time of the offense, Echavarria was on probation for Maryland convictions of burglary and illegal gun possession. He has been held since his arrest.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Assistant U.S. Attorney Carlos A. Valdivia, who investigated and prosecuted the matter.
District Man Pleads Guilty to Sexual Assault at Shaw-Howard University Metro StationRead the Press Release
WASHINGTON –Justin Q. Taylor, 23, of Washington, D.C., has pleaded guilty to third-degree sexual abuse for attacking a woman earlier this year at the Shaw-Howard University Metro Station, announced U.S. Attorney Matthew M. Graves.
Taylor pleaded guilty on Sept. 9, 2022, in the Superior Court of the District of Columbia. He is to be sentenced on Dec. 9, 2022, by the Honorable Milton C. Lee, Jr.
According to the facts agreed to by both parties, in the early afternoon of Jan. 28, 2022, Taylor followed a woman down the escalator of the Metro station, in the 1800 block of Seventh Street NW. When they got to the bottom, he grabbed her without warning by the waist and pressed his pelvis against her buttocks as she struggled to get away. The woman fought him off and screamed and Taylor ran back up the escalator and caught a Metro bus a short distance away.
A Metro Transit Police Officer saw Taylor boarding the bus after hearing a description of the attacker. That officer pulled the bus over, finding Taylor on board. Taylor was brought back near the scene, where the victim identified him as the man who had just assaulted her.
At the time of the offense, Taylor was on probation for a similar offense he committed in December 2018. In that case, he attacked a woman after the two had just gotten off a bus.
In announcing the plea, U.S. Attorney Graves commended the work of those who handled the case from the Metro Transit Police Department. He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Veronica Vaughan.
Finally, U.S. Attorney Graves commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Denton Physician Guilty of Over-Prescribing OpioidsRead the Press Release
SHERMAN, Texas – A Denton physician has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Stanley Charles Evans, 63, pleaded guilty to conspiracy to distribute and dispense controlled substances and health care fraud today before U.S. Magistrate Judge Christine Nowak.
“Evans gives other physicians a bad name,” said U.S. Attorney Brit Featherston. “Sworn to do no harm, Evans failed by illegally prescribing narcotics that harmed many people. More people die by opioid drug abuse than by vehicle and gun related deaths combined in the U.S. today. This is a big problem and those who are supposed to heal the sick, but choose to become illegal drug dealers, will be investigated and prosecuted.”
According to information presented in court, beginning in 2017, Evans, a licensed physician operating a family medicine practice in Denton, unlawfully prescribed approximately 370,000 dosage units of hydrocodone outside the usual course of professional practice and without a legitimate medical purpose. An investigation began after it was reported that Evans was pre-signing opioid prescriptions for patients that were exhibiting drug seeking behavior. Evans would pre-sign the scripts and the patients would be seen by his four nurse practitioners. An investigation revealed patients were repeatedly able to obtain the strongest prescription for Hydrocodone from Evans and one of the nurses without ever being fully examined or providing any documentation regarding their “pain.” It was also determined that Evans was only present at the office approximately half the time he claimed and that prescriptions for Schedule II opioids were being written for patients even while Evans was out of the country on vacation. The investigation also revealed that nurses were seeing 20 to 30 patients a day and their salaries were production based, receiving a percentage of what they billed instead of a set salary. Additionally, nurses were billing Medicare and TriCare under Evans’ medical identification number, which results in an increased charge to the government for physician services. In all,
Evans faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the U.S. Drug Enforcement Administration Dallas Tactical Diversion Squad, Department of Defense Criminal Investigative Services, and Health and Human Services – Office of Inspector General. This case is being prosecuted by Assistant U.S. Attorney Matthew T. Johnson.
###
Dearborn Doctor Who Attempted to Flee to Mexico Sentenced for Illegally Selling Powerful Opioid PillsRead the Press Release
DETROIT - A Dearborn doctor was sentenced to four years in federal prison based on his conviction for conspiring to distribute and distributing over 12,000 powerful opioid pills, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Special Agent in Charge James Tarasca of the FBI’s Detroit Field Office and Special Agent in Charge Mario Pinto of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office.
United States District Court Judge Nancy G. Edmunds imposed the sentence on Dr. Tete Oniango, 48, of Oakland, Michigan. According to court records, Dr. Oniango was sentenced based on his plea of guilty to conspiring with patient recruiters and others to distribute prescription opioid pills in violation of his medical and DEA licenses. Dr. Oniango unlawfully prescribed 12,500 hydrocodone pills, a powerful, Schedule II controlled substance. Hydrocodone is commonly known by the brand names of Vicodin, Lortab, Lorcet, and Norco. Oniango issued these prescription drugs without regard to medical necessity and outside the course of professional medical practice. The doctor would issue opioid prescriptions to patients who appeared at his Dearborn medical clinic without conducting any medical examinations or appropriate testing. As part of his sentence, Dr. Oniango was also ordered to forfeit approximately $38,000 in cash that was seized from his medical office.
In 2021, while on bond and pretrial release following his indictment in 2020, Dr. Oniango attempted to flee the United States by taking a bus to Mexico. However, Mexican border agents apprehended Oniango and returned him to United States authorities.
U.S. Attorney Ison stated, “Michigan has been devastated by opioid drug overdoses in the last decade. Dr. Oniango betrayed his oath as a physician and injected poison into our communities for profit. My office will zealously pursue medical providers who abuse their licenses and inflict harm upon our community.”
“As a physician, Dr. Oniango was trusted to prescribe potent narcotics in keeping with laws and regulations designed to prevent the diversion of prescription drugs that fuel the ongoing opioid epidemic. Not only did he break that trust, but he also attempted to flee the consequences of his criminal behavior,” said James A. Tarasca, Special Agent in Charge of the FBI’s Detroit Field Office. “The FBI is committed to working with our law enforcement partners to investigate this type of criminal behavior and to ensuring those who operate outside the law face the consequence for that choice.”
This case was prosecuted by Assistant United States Attorney Philip A. Ross as part of the district’s efforts to address the nation’s opioid crisis. The Eastern District of Michigan is one of twelve districts included in the Attorney General’s Opioid Fraud Abuse and Detection initiative. The case was investigated by special agents of the Federal Bureau of Investigation and the U.S. Department of Health and Human Services Office of Inspector General.
Columbia Sex Offender Sentenced to 20 Years for Sending Obscenity to a MinorRead the Press Release
JEFFERSON CITY, Mo. – A Columbia man who is a registered sex offender was sentenced in federal court today for sending obscenity to a minor over Skype.
Matthew Ray Stone, 51, was sentenced by U.S. District Judge Stephen R. Bough to 20 years in federal prison without parole.
Stone is required to register as a sex offender following his military court martial in 2001 for sodomy with a child, indecent acts or liberties with a child, and possession of child pornography. He was also convicted in state court in 2015 of possessing child pornography and failing to register as a sex offender.
On Feb. 17, 2022, Stone pleaded guilty to one count of transferring obscene materials to a minor and to an additional count of committing the offense as a registered sex offender.
The investigation began when a Boone County sheriff’s detective received a CyberTip from the National Center for Missing and Exploited Children that Stone had uploaded an image of child pornography to his Skype account. A search warrant was executed at Stone’s residence and officers found Stone’s laptop computer was currently logged into his Skype account. A computer forensic examiner located Skype conversations in which Stone discussed sexual fantasies involving children.
Stone acknowledged he did not report his Skype account as required by his sex offender registration. Officers seized Stone’s electronic devices and investigators discovered several chat conversations that were sexually explicit, including conversations with juveniles. Stone admitted that he sent sexually explicit images of himself to a minor via Skype, and discussed the minor running away from home and staying with him. Stone also possessed child erotica and child pornography depicting children as young as infants and toddlers.
Stone was arrested and convicted in state court of possessing child pornography and failing to register as a sex offender. He was judged to be a sexually violent predator and involuntarily civilly committed within the Missouri Department of Mental Health for treatment. Stone will be subject to federal incarceration upon his release from the Sex Offender Rehabilitation and Treatment program.
According to court documents, Stone was dishonorably discharged from the United States Air Force on July 1, 2008, following his 2001 court martial and incarceration. While an enlisted member of the Air Force, he had been involved with the Big Brothers/Big Sisters program. When Stone turned in his military-assigned computer, it contained 44 images of child pornography and more than 900 pages of email communications containing sexually explicit stories that involved young boys. At least four children were identified as victims of Stone’s sexual abuse.
This case was prosecuted by Assistant U.S. Attorney Ashley S. Turner. It was investigated by the Boone County, Mo., Sheriff’s Department and the FBI.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Chief Executive Officer Sentenced to 36 Months in Prison for Submitting Hundreds of False Monitoring ReportsRead the Press Release
U.S. District Court Judge John T. Fowlkes Jr. of the Western District of Tennessee today sentenced DiAne Gordon, 61, of Memphis, Tennessee, to 36 months in prison followed by two years’ supervised release in connection with her fabrication of discharge monitoring reports required under the Clean Water Act and the submission of those fraudulent documents to state regulators in Tennessee and Mississippi. The court further ordered Gordon to pay restitution in the amount of $222,388. On the fraud count, Gordon was sentenced to 26 months in prison, and she received an additional 10 months’ incarceration on the related probation revocation for having engaged in the criminal conduct while on supervision.
According to court documents and information in the public record, Gordon was the co-owner and chief executive officer of Environmental Compliance and Testing (ECT). ECT held itself out to the public as a full-service environmental consulting firm and offered, among other things, sampling and testing of stormwater, process water and wastewater.
Customers, typically concrete companies, hired ECT to take samples and analyze them in a manner consistent with Clean Water Act permit requirements. Gordon claimed to gather and send the samples to a full-service environmental testing laboratory. The alleged results were memorialized in lab reports and chain of custody forms submitted to two state agencies, Mississippi Department of Environmental Quality (MDEQ) and the Tennessee Department of Environment and Conservation (TDEC), to satisfy permit requirements. In reality, Gordon fabricated the test results and related reports. She even forged documents from a reputable testing laboratory in furtherance of her crime. Gordon then billed her clients for the sampling and analysis. Law enforcement and regulators quickly determined that Gordon created and submitted, or caused to be submitted, at least 405 false lab reports and chain of custody forms from her company in Memphis to state regulators since 2017.
“Today’s sentence appropriately reflects the harm caused by Gordon’s betrayal of her position of trust and her fraud upon her customers, the regulatory authorities, and the citizens of Tennessee and Mississippi,” said Assistant Attorney Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“The Clean Water Act ensures that water quality is maintained throughout the United States,” said U.S. Attorney Joseph C. Murphy Jr. for the Western District of Tennessee. “Correct and accurate test results of discharges into rivers and stream and the honest reporting of those results to regulatory authorities are important parts of the Act’s regulatory framework. Without accurate test results and reporting of those results, the Clean Water Act will not work as Congress intended. Because honest reporting of this data is so important to the functioning of the Act, our office will vigorously prosecute individuals who falsely report test results.”
“Today’s sentence should be a reminder to those who choose to undermine the public’s confidence in our nation’s water quality for their own financial gain will be vigorously prosecuted,” said Special Agent in Charge Charles Carfagno of the Environmental Protection Agency Criminal Investigation Division’s (EPA-CID) Southeast Area Branch. “We commend the assistance of our state partners with the Mississippi Department of Environmental Quality and Tennessee Department of Environment and Conservation for their substantial assistance throughout this investigation.”
EPA-CID investigated the case. MDEQ and TDEC provided invaluable assistance to federal law enforcement officers.
Trial Attorney Banumathi Rangarajan of the Environment and Natural Resources Division’s Environmental Crimes Section and Assistant U.S. Attorney Dean DeCandia and Principal Deputy Criminal Chief Carroll Andre for the Western District of Tennessee prosecuted the case.
Carthage Man Pleads Guilty to Child Sexual ExploitationRead the Press Release
SPRINGFIELD, Mo. – A Carthage man pleaded guilty in federal court today to sexually exploiting a child from Michigan whom he met online.
Charles Ward Kuentzel, 26, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of the sexual exploitation of a child.
By pleading guilty today, Kuentzel admitted that he used a child victim to produce child pornography from Sept. 1, 2020, to April 21, 2021.
According to today’s plea agreement, the mother of the child victim, identified in court documents as Jane Doe 1, contacted law enforcement in Michigan because her daughter was in an inappropriate online relationship with an adult man. The child victim told investigators she met Kuentzel in a public Discord game server, through which they communicated. FBI agents in in the Detroit division were able to identify Kuentzel in the online chats, in which Kuentzel and the child victim sent one another sexually explicit images of themselves. Kuentzel engaged in video chats and sexual conversations with the victim.
Officers executed a search warrant at Kuentzel’s residence on Aug. 26, 2021, and seized his cell phone and microSD card. Numerous images of the child victim, including child pornography, were found on the cell phone and the microSD card.
During the forensic examination, investigators also found several sexually explicit images of another child victim, identified in court documents as Jane Doe 2. She told investigators she was 14 years old when she met Kuentzel on Omegle, and they communicated through the Snapchat and Kik applications. Kuentzel requested nude images from Jane Doe 2, which she provided.
Under federal statutes, Kuentzel is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 30 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Stephanie L. Wan. It was investigated by the FBI, the Southwest Missouri Cyber Crimes Task Force, and the Canton, Mich., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
California Man Sentenced for ‘Extraordinary Quantity’ of MethRead the Press Release
JEFFERSON CITY, Mo. – A California man was sentenced in federal court today for transporting what court documents describe as “an extraordinary quantity of methamphetamine” in a borrowed car as he traveled from California through Missouri.
Johnny Jordan Thompson, 48, was sentenced by U.S. District Judge Stephen R. Bough to 15 years in federal prison without parole. Thompson was sentenced as a career offender due to his prior felony convictions.
On Dec. 21, 2021, Thompson pleaded guilty to one count of possessing methamphetamine with the intent to distribute. Thompson admitted that he was transporting approximately 28 pounds of methamphetamine in the vehicle he was driving when he was pulled over by a Missouri State Highway Patrol trooper on Sept. 12, 2019.
The trooper stopped Thompson, who was driving a loaned vehicle from a dealership in Ontario, Calif., on Interstate 70 in Cooper County. The trooper searched the vehicle and found 11 packages of methamphetamine, which weighed approximately 20 pounds (8.87 kilograms), in the trunk. Another approximately eight pounds (almost 3.3 kilograms) of methamphetamine was later found hidden under the carpet of the passenger floorboard.
According to court documents, Thompson has spent most of the past 20 years in prison on offenses ranging from vehicle theft to armed bank robbery to, most recently, attempted murder (after he was hired to kill someone). He was discharged from parole in the attempted murder case in California in December 2018 and committed this federal offense less than a year later.
This case was prosecuted by Assistant U.S. Attorney Lauren E. Kummerer. It was investigated by the Missouri State Highway Patrol and the Drug Enforcement Administration.