Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
3 October 2022
Sacramento Man Sentenced to More Than 7 Years in Prison for Methamphetamine TraffickingRead the Press Release
SACRAMENTO, Calif. — Adilson Jose Montiero, 42, of Sacramento, was sentenced today to seven years and 10 months in prison for possession with intent to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Nov. 19, 2020, agents executed a federal search warrant at Montiero’s residence in Sacramento and found a total of more than 1.5 pounds of crystal methamphetamine, about half a pound of counterfeit Ecstasy pills containing methamphetamine, and smaller amounts of cocaine, crack cocaine, heroin, and counterfeit M-30 pills containing fentanyl. Agents also found four handguns, three of which were Glock-style handguns with no serial number known as “ghost” guns.
This case was the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney David W. Spencer prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Rochester Man Pleads Guilty to Being A Felon in Possession of A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Warren L. Tisdale, 53, of Rochester, NY, pleaded guilty to being felon in possession of a firearm, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on September 29, 2021, investigators executed a search warrant at Tisdale’s home on Central Park in Rochester. During the search, they recovered a semiautomatic rifle in a closet, as well as drug paraphernalia in the kitchen, including a vacuum sealer, digital scale, vacuum sealer bags and numerous new and unused baggies.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith, and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino. Additional assistance was provided by the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley.
Sentencing is scheduled for January 5, 2023, at 2:00 p.m. before Judge Geraci.
# # # #
Pryor Man Sentenced to 35 Years in Federal Prison for Sexually Abusing Two MinorsRead the Press Release
A Pryor man was sentenced Monday in federal court for repeatedly sexually abusing two of his children for ten years, starting when they were five. In 2020, when the two victims were adults, they came forward to report the abuse.
U.S. District Judge Geoffrey W. Crawford sentenced Keith Duane Parnell, 50, of Pryor, to 35 years in federal prison.
“This 35-year sentence should send a clear message to child sexual predators that law enforcement officials will aggressively pursue offenders, even when victims disclose years after sexual abuse occurs,” said U.S. Attorney Clint Johnson. “I am grateful to the investigative team and federal prosecutors Reagan Reininger and Chantelle Dial for their tenacity when pursuing and bringing Mr. Parnell to justice.”
Judge Crawford called Parnell’s criminal acts “a terrible violation of his duty to care for and protect his children.” He further commended the two victims for their courage when testifying at trial and when sharing their victim impact statements at the hearing.
In March, a federal jury convicted Parnell of three counts of aggravated sexual abuse of a minor under 12 in Indian Country and four counts of sexual abuse of a minor in Indian Country.
An investigation was initiated by a Pryor Police detective after one of the victims described in detail the abuse both victims endured in a Facebook post in August 2020. The victims were adults at the time of the post.
Parnell will remain in the custody of the U.S. Marshals Service until transfer to a U.S. Bureau of Prisons facility.
The FBI and Pryor Police Department conducted the investigation. Assistant U.S. Attorneys Reagan V. Reininger and Chantelle D. Dial prosecuted the case.
A first step in helping someone who may be a victim of sexual abuse is to contact local authorities or the FBI at 1-800-CALL-FBI.”
Philadelphia Man Sentenced to Three Years of Probation for Role in Scheme to Launder Money, Defraud Internet DonorsRead the Press Release
CAMDEN, N.J. – A Philadelphia man was sentenced today to 36 months of probation for his role in a GoFundMe scam that gained nationwide attention, U.S. Attorney Philip R. Sellinger announced.
Johnny Bobbitt, 39, previously pleaded guilty to an information charging him with one count of conspiracy to commit money laundering. U.S. District Judge Noel L. Hillman imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
In November 2017, Katelyn McClure, 32, and Mark D’Amico, 43, both of Bordentown, New Jersey, allegedly created a crowd-source funding page on GoFundMe’s website titled “Paying It Forward.” The campaign solicited donations from the public purportedly for the benefit of Bobbitt, a homeless veteran. McClure and D’Amico posted a story that McClure was driving home from Philadelphia on Interstate 95 and ran out of gas. Bobbitt acted as a “good Samaritan” and rescued McClure by using his last $20 to buy gasoline for her. The website stated that funds were being solicited to get Bobbitt off the streets and provide him with living expenses, setting a goal of $10,000.
In reality, McClure never ran out of gas and Bobbitt never spent his last $20 for her. D’Amico and McClure allegedly conspired to create the false story to obtain money from donors. The story was quickly picked up by local and national media outlets, went viral and raised approximately $400,000 from more than 14,000 donors in less than three weeks.
The donated funds were transferred by D’Amico and McClure from GoFundMe into accounts that they controlled. The majority of the money allegedly was quickly spent by D’Amico and McClure on personal expenses over the next three months, including significant amounts on D’Amico’s gambling, vacations, a BMW automobile, clothing, expensive handbags and other personal items and expenses.
In mid-November of 2017, when the donations had reached approximately $1,500, D’Amico and McClure told Bobbitt about the campaign and the false gas story. In December of 2017, after setting up a bank account for Bobbitt, D’Amico and McClure deposited $25,000 of proceeds of the scheme into Bobbitt’s account.
In addition the probationary term, Judge Hillman ordered Bobbitt to pay $25,000 in restitution. McClure and D’Amico previously pleaded guilty to their roles in the scheme. D’Amico was sentenced in April 2022 to 27 months in prison; McClure was sentenced in July 2022 to one year and one day in prison.
U.S. Attorney Sellinger credited assistant prosecutors and detectives of the Burlington County Prosecutor’s Office, under the direction of Prosecutor Scott A. Coffina; special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Tammy Tomlins; special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; and officers of the Florence Township Police Department with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney=s Office Criminal Division in Camden.
Oregon Man Charged with Sexually Exploiting Minor on Discord, Additional Victims SoughtRead the Press Release
PORTLAND, Ore.—An Oregon man has been charged with federal child exploitation crimes after he persuaded a child to engage in a sexually explicit video chat with him on Discord, a popular instant messaging social platform.
Jason Kroeskop, 40, of The Dalles, Oregon, has been charged by criminal complaint with enticing and sexually exploiting a child online.
According to court documents, in August 2022, special agents from Homeland Security Investigations (HSI) in Tulsa, Oklahoma were contacted by local law enforcement to request assistance with an investigation involving the online exploitation of a child under 12. Investigators discovered that Kroeskop pretended to be an Oregon teenager to convince the child to engage in sexually explicit acts during a video chat on Discord. He also recorded the video chat without the victim’s knowledge.
Investigators tracked Kroeskop’s Discord account, “Noctis Lucis #7347,” to an internet protocol address registered to his residence in The Dalles. On September 29, 2022, HSI special agents from Portland contacted Kroeskop at his place of employment. Kroeskop agreed to talk with the agents and admitted to having engaged in sexually explicit communications with multiple children online since at least 2021 using Discord, Snapchat, and Omegle. He was later arrested without incident.
On September 30, 2022, Kroeskop made his initial appearance in federal court before U.S. Magistrate Judge Jeffrey Armistead. He was detained pending further court proceedings.
This case was investigated by HSI Portland and The Dalles Police Department with assistance from HSI Tulsa. It is being prosecuted by Mira Chernick, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Anyone who has information about other crimes committed by Kroeskop, or the physical or online exploitation of any children, are encouraged to contact HSI at (866) 347-2423 or submit a tip online at report.cybertip.org.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document the victims’ exploitation and abuse, but when shared across the internet, re-victimize and re-traumatize the child victims each time their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children at www.missingkids.org.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Non-Payment of Federal Income Tax on Cryptocurrency Earnings Leads to Conviction for South Florida ResidentRead the Press Release
MIAMI – Ethan Thomas Trainor, has pled guilty to attempted tax evasion. Trainor used sophisticated on-line techniques to conceal from the IRS over $1 million in cryptocurrency he earned through illegal dark web transactions.
During a hearing in Ft. Lauderdale before U.S. District Judge Rodney Smith, Trainor admitted that he used cryptocurrency to buy and sell hacked online account logins (usernames and passwords) on dark web marketplaces. The hacked logins were connected to paid movie and music streaming services, pornography websites, educational websites, ride-share service accounts, and other on-line services.
Taxpayers who transact business in cryptocurrency must report their virtual earnings to the IRS and pay federal taxes on that income. From 2014 to 2017, Trainor earned over $1 million in cryptocurrency through dark web transactions and tried to avoid paying taxes on it by using services and techniques designed to conceal that the money was his. For example, Trainor ran his virtual currency transactions through “mixers,” on-line services that pool together (mix) the cryptocurrency transactions of different users, then distribute “clean” cryptocurrency to the users’ virtual wallets. The mixing makes it harder to determine the identity of those dealing in the cryptocurrency.
Trainor is scheduled to be sentenced in December. He faces up to five years in federal prison.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida; Special Agent in Charge Matthew D. Line, IRS Criminal Investigation (IRS-CI), Miami; Deanne L. Reuter, Special Agent in Charge, DEA Miami, Robert M. DeWitt, Acting Special Agent in Charge, FBI Miami; Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami; and Juan A. Vargas, Acting Inspector in Charge, United States Postal Inspection Service (USPIS), Miami, announced the conviction.
IRS-CI Miami, DEA Miami, FBI Miami, HSI Miami, and USPIS Miami investigated the case. Assistant U.S. Attorney Monique Botero is prosecuting it.
This case and prosecution were carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state, and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
This prosecution was part of Operation TORnado, which is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 22-cr-60194.
###
New Hampshire Man Charged with Receipt of Child PornographyRead the Press Release
ALBANY, NEW YORK – Isaiah Lafoe, age 24, of Lancaster, New Hampshire, appeared in Albany federal court today on charges that he received child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the criminal complaint, between September 2020 and March 2021, Lafoe communicated via social media and phone with a girl residing in Troy, New York, and received child pornography images and videos from her.
The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Lafoe was arrested on September 14, 2022 and made an initial appearance in the District of New Hampshire. Today, he appeared before United States Magistrate Judge Daniel J. Stewart and was detained pending trial.
If convicted, Lafoe faces at least 5 years and up to 20 years in prison, a term of post-release supervision of at least 5 years and up to life, and a fine of up to $250,000. 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. Lafoe would also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force. The Child Exploitation Task Force is comprised of FBI Special Agents, and state and local police investigators. The case is being prosecuted by Assistant U.S. Attorney Alexander P. Wentworth-Ping as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Monrovia Man Sentenced to 4 Years in Prison for Scheming to Fraudulently Obtain Student Visas for Wealthy Foreign NationalsRead the Press Release
LOS ANGELES – A San Gabriel Valley man was sentenced today to 48 months in federal prison for scheming to help wealthy Chinese nationals unlawfully gain admission into the United States by falsely making them eligible for student visas through a network of fraud, including imposter test takers, essay ghostwriters and fake transcript sellers.
Yi Chen, a.k.a. “Brian Chen,” 35, of Monrovia, was sentenced by United States District Judge Mark C. Scarsi, who also ordered him to pay a criminal fine of $400,000 and to forfeit $50,000 of his ill-gotten gains.
After a six-day bench trial that concluded on March 21, Judge Scarsi found Chen guilty of one count of visa fraud and one count of aggravated identity theft. Chen was acquitted of one count of conspiracy to commit immigration document fraud and 10 counts of visa fraud.
From June 2015 to February 2021, Chen was the CEO and owner of two “educational consulting” companies in Alhambra and Arcadia – Prime U.S. International and MS Education. These companies charged foreign students thousands of dollars for “guaranteed” admission to a college that would lead to the issuance of an F-1 student visa.
To secure admission to a school, the companies prepared application packages that used bogus or altered transcripts, and they hired people to impersonate the prospective student to take standardized tests, such as the Test of English as a Foreign Language (TOEFL). Chen submitted applications containing these fraudulent supporting materials on behalf of at least one foreign national, which helped the student obtain admission to New York University.
Once a foreign student was admitted to a college, the school issued a “Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status – For Academic and Language Students,” which provided the basis for a student visa application or extension of permission to remain in the United States.
“Under the guise of operating an ‘educational consulting’ company, [Chen] made millions of dollars by faking every aspect of the college admissions process,” prosecutors argued in a sentencing memorandum.
Chen, who has been in federal custody since March 2021, received the lion’s share of the profits from the visa fraud scheme. He also controlled seven bank accounts that received more than $15 million in deposits between 2016 and 2020.
Chen and co-defendant Yixin Li, a.k.a. “Eason Li” and “Calvin Wong,” 29, of San Gabriel, are linked to a group of imposter test-takers who were the subject of an earlier indictment that outlined how they used fake Chinese passports to take TOEFL exams on behalf of foreigners seeking college admissions and student visas. All six defendants in that earlier case pleaded guilty and were sentenced to probation. Li was sentenced on February 22 to time served.
Homeland Security Investigations and the Department of State, Diplomatic Security Service investigated this matter. U.S. Citizenship and Immigration Services, Fraud Detection and National Security Section, provided substantial assistance. The Educational Testing Service, which administers the TOEFL exam, provided assistance during the investigation.
Assistant United States Attorneys Julia Hu of the Major Frauds Section and Maria Jhai of the Terrorism and Export Crimes Section prosecuted this case.
Medical Sales Representative Sentenced to 14 Years in Prison for Role in Multimillion-Dollar Health Care Fraud, Wire Fraud, Anti-Kickback Statute, and Travel Act ConspiraciesRead the Press Release
CAMDEN, N.J. – A medical sales representative was sentenced today to 168 months in prison for defrauding federal, state, and private health insurance plans out of more than $4.6 million, Attorney for the United States Vikas Khanna announced.
Steven Monaco, 40, of Sewell, New Jersey, was convicted in April 2022 of one count of conspiracy to commit health care fraud and wire fraud, eight counts of health care fraud, eight counts of wire fraud, and one count of conspiracy to violate the Anti-Kickback Statute and the Travel Act, following a nine-day trial before U.S. District Judge Robert B. Kugler, who imposed the sentence today in Camden federal court.
According to documents filed in this case and the evidence at trial:
Monaco was a leader of two related fraud schemes that resulted in millions of dollars of loss to public health insurance plans. In the first scheme, Monaco, as a sales representative for a medical diagnostic laboratory, orchestrated a kickback scheme with a doctor, Daniel Oswari. Monaco arranged for Oswari’s medical assistant to be placed on the payroll of the laboratory while continuing to work as a medical assistant for Oswari’s practice. In exchange, Oswari referred all his lab work to the laboratory for testing between late 2013 and 2016, and Monaco received $36,000 in commissions from the laboratory.
In the second fraud scheme, Monaco and his conspirator, pharmaceutical sales representative Richard Zappala, discovered that certain insurance plans – including New Jersey state and local government plans – paid for very expensive compounded prescription medications between 2014 and 2016. Monaco and Zappala organized a scheme in which they received a percentage of the insurance reimbursement for compounded medication prescriptions that they arranged. Monaco and Zappala approached medical professionals and paid them to sign medically unnecessary prescriptions for the compounded medications. Monaco paid Oswari and his staff to identify and prescribe the compound medications to patients of Oswari’s practice with the requisite insurance plans, as well as other people that Oswari did not medically evaluate. Monaco also arranged for other medical professionals – including Dr. Michael Goldis and his cousin, physician’s assistant Jason Chacker – to sign medically unnecessary prescriptions for members of Monaco’s family and others whom these medical professionals did not examine. Monaco directly compensated Chacker with money and tickets to sporting events, and Zappala paid Goldis cash to sign the medically unnecessary prescriptions for members of Monaco’s family and others. Monaco also directly paid individuals who had coverage under the public insurance plans and agreed to receive prescriptions for the compounded medications. As a result of this scheme, Monaco received approximately $350,000 and caused a loss of over $4.6 million to the insurance plans.
Oswari, Zappala, Goldis and Chacker all have previously pleaded guilty to their roles in the conspiracy and are awaiting sentencing.
In addition to the prison term, Judge Kugler sentenced Monaco to three years of supervised release and ordered him to pay $4.69 million in restitution.
Attorney for the United States Vikas Khanna credited special agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge James E. Dennehy in Newark; special agents of IRS - Criminal Investigation, under the direction of Acting Special Agent in Charge Tammy L. Tomlins in Newark; and the U.S. Department of Labor Office of Inspector General, New York Region, under the direction of Special Agent in Charge Jonathan Mellone, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Christina O. Hud of the Criminal Division and R. David Walk Jr., Chief of the Opioid Abuse Prevention and Enforcement Unit.
Martinsburg woman guilty of fentanyl chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Tammy Tarmon, of Martinsburg, West Virginia, has admitted to a fentanyl charge, United States Attorney William Ihlenfeld announced.
Tarmon, 50, pleaded guilty today to one count of “Aiding and Abetting Distribution of Fentanyl.” Tarmon admitted to selling fentanyl in January 2021 in Berkeley County.
Tarmon faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms, & Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Man sentenced to three years and five months in prison for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Tyler Sando was sentenced on Sept. 28 to three years and five months in prison. Sando, 32, of the Pueblo of Jemez, New Mexico, and an enrolled member of the Pueblo of Jemez, pleaded guilty on May 19 to assault resulting in serious bodily injury in Indian Country and assaulting, resisting or impeding a federal officer involving physical contact.
On Aug. 11, 2020, on the Pueblo of Jemez, Sando got out of his vehicle, approached a victim and proceeded to strike him about the head and face. Sando then returned to his car and left. As a result of Sando’s assault, the victim suffered a subdural hematoma, needed staples to close a laceration on his head that left a scar, suffered daily headaches, and had blurry vision for a period of time.
On Nov. 16, 2020, Sando sped through a COVID checkpoint entering the Jemez Pueblo and crashed his vehicle. Law enforcement pursued Sando as he attempted to run away, and arrested him inside a residence. After Sando’s arrest, a federal officer attempted to interview him. Sando cursed at the officer and spat in his face.
Upon his release from prison, Sando will be subject to three years of supervised release.
The FBI Albuquerque Field Office investigated this case with assistance from the Jemez Pueblo Police Department. Assistant United States Attorneys Nicholas J. Marshall and Novaline D. Wilson prosecuted the case.
# # #
Man Who Robbed Multiple New Castle County Tobacco Stores Under Federal IndictmentRead the Press Release
WILMINGTON, Del. – A federal grand jury returned an indictment last week charging a Baltimore, Maryland man with three counts of Hobbs Act Robbery.
According to the indictment, Donald Gladden, 56, robbed three tobacco stores in New Castle, Delaware during a 10-day crime spree this summer. The Indictment alleges Gladden committed robberies on May 27, May 31, and June 5, 2022, taking cash and Newport cigarettes during each incident.
Gladden is charged with three counts of Hobbs Act Robbery, one for each store. If convicted, he faces a maximum of 20 years in prison and a $250,000 fine on each count. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
David C. Weiss, U.S. Attorney for the District of Delaware, made the announcement. The Delaware State Police Robbery Unit out of Troop 2 in Bear, Delaware is investigating the case with assistance from the FBI. Assistant U.S. Attorney Eli H. Klein is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Man Sentenced to Eight Years in Federal Prison for Illegally Possessing Machine Gun in RockfordRead the Press Release
ROCKFORD — A man has been sentenced to eight years in federal prison for illegally possessing a machine gun in Rockford.
THOMAS BROOKS II, 20, of Rockford, pleaded guilty earlier this year to a charge of illegal firearm possession. As a previously convicted felon, he was prohibited by federal law from possessing firearms. Brooks admitted in a plea agreement that while in Rockford on Nov. 1, 2021, he illegally possessed a handgun loaded with 17 rounds of ammunition and a “switch” device that modified the firearm to become fully automatic.
U.S. District Judge Philip G. Reinhard imposed the sentence on Friday after a hearing in federal court in Rockford.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Office of the ATF; and Carla Redd, Chief of the Rockford Police Department. The government was represented by Special Assistant U.S. Attorney Theodora Anderson, a prosecutor with the Winnebago County State’s Attorney’s Office who is working with the U.S. Attorney’s Office under a federal grant to prosecute certain firearm offenses in federal court.
Holding illegal firearm possessors accountable through federal prosecution is a centerpiece of Project Safe Neighborhoods (PSN) – the Department of Justice’s violent crime reduction strategy. In the Northern District of Illinois, U.S. Attorney Lausch and law enforcement partners have deployed the PSN program to attack a broad range of violent crime issues facing the district, particularly firearm offenses.
Local man indicted for student financial aid fraudRead the Press Release
HOUSTON – A 39-year-old Richmond resident has been charged with fraudulently obtaining nearly $600,000 in financial aid funds at several Texas colleges and universities, announced U.S. Attorney Jennifer Lowery.
Emmanuel Finnih is expected to make his initial appearance before U.S. Magistrate Judge Yvonne Y. Ho at 2 p.m. today.
A federal grand jury returned the seven-count indictment Sept. 28. He was taken into custody Sept. 30.
Beginning in or about 2017 through to present, Finnih allegedly aided and abetted or was aided and abetted by others in submitting false applications for financial aid. The charges allege he unlawfully obtained financial aid funds for over 30 alleged students at eight colleges and universities in Texas.
Finnih used the personal identifiers of other individuals to prepare, submit and sign false and fraudulent financial aid applications and master promissory notes in their names, according to the indictment. Finnih allegedly utilized mailing addresses, telephone numbers and email accounts he controlled to ensure that the Department of Education and colleges would send any communications directly to him. The indictment alleges he then obtained the financial aid refunds via electronic transfer, check and prepaid debit cards sent either to mailing addresses or bank accounts he had designated.
The charges further allege that Finnih aided and abetted or was aided and abetted by others in the aggravated identity theft of two alleged students. According to the indictment, he or others were also fraudulently in possession of identity documents - temporary driver permits or identification cards - with the intent to unlawfully use or transfer those documents.
Federal financial aid funds are intended to be used for educational purposes. However, the charges allege Finnih received the funds for his personal benefit.
The actual loss to the United States is alleged to be over $595,000.
The indictment includes one count each of theft of government funds, student financial aid fraud and unlawful use or transfer of identity documents along with four counts of aggravated identity theft.
If convicted of theft of government funds, Finnih faces up to 10 years in federal prison, while the student financial aid fraud and unlawful use or transfer identity documents each carry a possible five-year prison term. In addition, each of the aggravated identity theft counts carries a sentence of two years which must be served consecutively to any other sentence imposed.
The Department of Education - Office of Inspector General conducted the investigation with assistance from the Lone Star College Police Department and U.S. Marshals Service. Assistant U.S. Attorneys Shirin Hakimzadeh and Charles J. Escher are prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Laurel Man Pleads Guilty to Falsification of an Annual Financial Report Filed by a Labor UnionRead the Press Release
Gulfport, Miss.- A Laurel man pled guilty to falsification of an annual financial report filed by a labor union, announced U.S. Attorney Darren J. LaMarca and Supervisory Investigator Tara Thibodaux of the U. S. Department of Labor, Office of Labor-Management Standards, in New Orleans.
According to court documents, on February 8, 2018, Benton Ryals, Jr. a/k/a B. J. Ryals, 70, while holding the position of financial secretary with the National Association of Letter Carriers Branch 1437, in Laurel, Mississippi, failed to disclose a material fact in an annual financial report required to be filed by the National Association of Letter Carriers Branch 1437, with the Secretary of Labor. Specifically, Ryals knowingly failed to disclose in form LM-3, for the union’s fiscal year for January 1, 2017, through December 31, 2017, disbursements he received for personal use. Ryals used debit cards and checks written from the branch’s checking account for his own personal bill payments.
Ryals will be sentenced on January 24, 2023, at 1:30 p.m., in Hattiesburg. He faces a maximum penalty of one year in prison and a $10,000 fine. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the U. S. Department of Labor, Office of Labor-Management Standards.
The case was prosecuted by Assistant U.S. Attorney Andrea Jones.
Landmark U.S.-UK Data Access Agreement Enters into ForceRead the Press Release
The Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland on Access to Electronic Data for the Purpose of Countering Serious Crime (“Data Access Agreement” or “Agreement”) entered into force today. The Agreement is authorized by the Clarifying Lawful Overseas Use of Data (CLOUD) Act, a law enacted by Congress in 2018, and will be the first agreement of its kind, allowing each country’s investigators to gain better access to vital data to combat serious crime in a way that is consistent with privacy and civil liberties standards.
Under the Data Access Agreement, service providers in one country may respond to qualifying, lawful orders for electronic data issued by the other country, without fear of running afoul of restrictions on cross-border disclosures. The Data Access Agreement fosters more timely and efficient access to electronic data required in fast-moving investigations through the use of orders covered by the Agreement. This will greatly enhance the ability of the United States and the United Kingdom to prevent, detect, investigate, and prosecute serious crime, including terrorism, transnational organized crime, and child exploitation, among others.
The Data Access Agreement sets out numerous requirements that must be met for U.S. or UK authorities to invoke the Agreement. For example, orders submitted by U.S. authorities must not target persons located in the UK and must relate to a serious crime. Similarly, orders submitted by UK authorities must not target U.S. persons or persons located in the United States and must relate to a serious crime. U.S. and UK authorities must also abide by agreed requirements, limitations and conditions when obtaining and using data obtained under the Data Access Agreement.
The United States and the United Kingdom have selected Designated Authorities responsible for implementation of the Data Access Agreement for each country. For the United States, the Designated Authority is the Department of Justice’s Office of International Affairs (OIA), and for the United Kingdom it is the Investigatory Powers Unit of the UK Home Office.
Among its various functions as U.S. Designated Authority, OIA has created a CLOUD team to review and certify orders that comply with the Agreement on behalf of federal, state, local, and territorial authorities located in the United States, transmit certified orders directly to UK service providers, and arrange for the return of responsive data to the requesting authorities.
For more information on the CLOUD Act, the Data Access Agreement and OIA, please visit: https://www.justice.gov/cloudact and https://www.justice.gov/criminal-oia.
Kentucky Man Pleads Guilty to Federal Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Robert T. Scott, 29, of Bowling Green, Kentucky, pleaded guilty to transferring a firearm to an out-of-state resident, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that between May 8 and September 29, 2021 Scott purchased two firearms in Bowling Green, Kentucky and transferred them to individuals residing in Rochester. The firearms were recovered during the execution of search warrants on September 29, 2021, at residences on A Place and 127 Pennsylvania Avenue in Rochester.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief David Smith and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
Sentencing is scheduled for January 5, 2023, at 3:00 p.m. before Judge Geraci.
# # # #
Kanawha County Man Pleads Guilty to Fentanyl CrimeRead the Press Release
CHARLESTON, W.Va. – Samuel Manriquez, 37, of Cross Lanes, pleaded guilty today to possession with intent to distribute fentanyl.
According to court documents and statements made in court, on February 17, 2021, law enforcement officers executed a search warrant at a Charleston residence where Manriquez was hiding to evade arrest. Manriquez refused to surrender, and after several hours was removed from a crawl space beneath the residence’s basement floor. Officers found two bags of fentanyl totaling approximately 6.3 grams and $1,620 in Manriquez’s left pants pocket. Manriquez admitted that he intended to distribute some of the fentanyl found on his person.
On January 8, 2021, law enforcement officers responded to a 911 hang-up call at Manriquez’s residence. Manriquez admitted that he struck a female guest in the side of her head with his fist during an argument and then left the residence before officers arrived. The officers executed a search warrant at Manriquez’s residence and found a Walther HK MP5 .22-caliber rifle, a Ruger .22-caliber pistol, parts to a Hi-Point .45-caliber pistol, $4,680 and drug paraphernalia including a scale and aluminum foil with a white powder residue.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Manriquez was prohibited from possessing firearms because of his felony convictions for distribution of U-47700, an opioid, and distribution of U-47700 and furanyl fentanyl in United States District Court for the Southern District of West Virginia on November 1, 2019.
Manriquez is scheduled to be sentenced on January 5, 2023, and faces a maximum penalty of 20 years in prison, three years of supervised release, and a $1 million fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Metropolitan Drug Enforcement Network Team (MDENT), and the Kanawha County Sheriff’s Office.
Senior United States District Judge John T. Copenhaver Jr. presided over the hearing. Assistant United States Attorney Julie White 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. 2:21-cr-176.
###
Justice Department, U.S. Fish and Wildlife Service, and State of Ohio Reach Natural Resource Damages Settlement with Dover Chemical CorporationRead the Press Release
Dover Chemical Corporation has agreed to implement and fund natural resource restoration and protection projects to resolve alleged state and federal natural resource damages (NRD) associated with the Dover Chemical Corporation Superfund Site and the surrounding NRD assessment area in Dover, Ohio. The proposed consent decree, lodged today by the Justice Department on behalf of the Department of Interior’s U.S. Fish and Wildlife Service, together with the Ohio Attorney General’s Office, the state of Ohio and the Ohio Environmental Protection Agency (Ohio EPA), is related to a 2017 complaint. That action resulted in a 2018 decree that implemented the final Superfund remedial work at the Site and expressly reserved the right of Ohio and the United States to pursue compensation for natural resource damages.
The proposed decree addresses natural resource damages, with Dover Chemical Corporation agreeing to implement projects that will restore and protect 28.5 acres of wetlands in Stark County and protect 195 acres of riparian habitat in Tuscarawas, Jefferson, Columbiana, and/or Belmont counties. Dover Chemical Corporation will also pay $880,000 to the State of Ohio to fund projects near the Site to protect, restore, or enhance state ground water resources. Finally, Dover Chemical Corporation will pay for costs incurred by Ohio and the United States to assess injuries to natural resources associated with the Site, including approximately $648,000 for state assessment costs and $745,000 for federal assessment costs.
“Today’s consent decree is a milestone in our efforts to protect and restore our valuable natural resources in Dover, Ohio, and the surrounding area,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “The Department of Justice will continue to vigorously pursue natural resource damage claims in cooperation with our state partners.”
“Ohio takes threats to our environment and natural resources seriously,” said Ohio Attorney General Dave Yost. “This consent decree is good for the environment and good for the people of Tuscarawas County.”
“We at the U.S. Fish and Wildlife Service worked in coordination with the State of Ohio to reach this settlement that will help restore fish and wildlife resources affected by release of contaminants,” said Service Deputy Midwest Regional Director Charles Traxler. “We are pleased to be part of the effort to restore a part of Ohio's natural heritage.”
“This consent decree is a positive step forward and the projects that Dover Chemical has committed to under the decree will result in improvements to stream habitats and waterways in the area,” said Ohio EPA Director Laurie A. Stevenson.
Dover Chemical Corporation has operated a chemical plant in Dover, Ohio, from 1951 to the present, producing chemicals that include alkyl phenols, chlorinated paraffin, and organophosphites. The United States’ 2017 complaint in this matter alleged that operations at the plant have resulted in decades of releases of hazardous substances to the Site. Ohio EPA and the Fish and Wildlife Service are joint trustees for the biological and surface water resources impacted by contamination at the site, while Ohio EPA is the trustee for the ground water resource.
The trustees began an NRD assessment in 2009 that evaluated natural resource injuries to land surrounding the Dover Chemical Corporation plant and ground water impacted by an underground plume of contamination that extends to the south of the plant. The assessment identified injury to the surface water (including sediments), biological resources (including supporting habitats), and ground water resources in the assessment area caused by hazardous substances.
The proposed decree, lodged in the U.S. District Court for the Northern District of Ohio, resolves the United States’ and Ohio’s NRD allegations under Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act. The settlement is subject to a 30-day public comment period and final court approval. It will be available for viewing at www.justice.gov/enrd/consent-decrees.
The Fish and Wildlife Service and the Ohio EPA are seeking concurrent public comment on the Draft Restoration Plan/Environmental Assessment (Draft RP/EA). The Draft RP/EA informs the public about the proposed NRD restoration and protection projects included in the negotiated settlement. The trustees invite the public to view and comment on the Draft RP/EA from Oct. 3, 2022 to Nov. 2, 2022 at https://fws.gov/project/dover-chemical-corp-nrdar-sugar-creek-ohio.
Justice Department Secures Agreement to Protect Access to Reproductive Health ServicesRead the Press Release
The Justice Department announced an agreement today with defendant Daniel Courney to resolve a federal lawsuit filed against Courney for his alleged violations of the Freedom of Access to Clinic Entrances (FACE) Act. The FACE Act protects the right to access and provide reproductive health services, including abortion.
The FACE Act prohibits anyone from using force, threats of force or physical obstruction against any person seeking or providing reproductive health services. The complaint filed against Courney alleges that he violated the FACE Act on two occasions in October 2021. In both instances, according to the complaint, Courney used physical force against a patient escort at a health clinic in Englewood, New Jersey, to attempt to prevent the volunteer from assisting individuals seeking the clinic’s services.
The proposed consent decree, which still must be approved by the U.S. District Court for the District of New Jersey, orders Courney to stay away from the clinic permanently, prohibits future FACE Act violations and requires Courney to pay a monetary penalty.
“Reproductive health care providers must be free to carry out their work free from interference or intimidation,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department is committed to enforcing federal law to protect providers and all people seeking access to reproductive health care across our nation.”
“Access to reproductive healthcare is a fundamental right,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Individuals must be able to access facilities like the Englewood clinic to make decisions about their own bodies, health and futures, in consultation with health care providers. Those providers are entitled to offer services free from the threat of violence against them. Our office remains committed to the enforcement of the FACE Act throughout the District of New Jersey to protect these important rights. We encourage anyone with information about potential FACE Act violations to contact our office.”
The Justice Department is committed to the protection of reproductive rights and recently announced the formation of its Reproductive Rights Task Force to protect those rights nationwide.
Anyone in imminent danger should call 911 or local police. Contact your local FBI field office by calling 1-800-CALL-FBI (or 1-800-225-5324) or via tips.fbi.gov.
Anyone in the District of New Jersey may report potential FACE Act violations or other threats to reproductive freedom by calling the Civil Rights Hotline, 855-281-3339, or by submitting an online complaint here.
Senior Civil Rights Counsel R. Joseph Gribko of the U.S. Attorney’s Office’s Civil Rights Division and Assistant U.S. Attorney Susan Millenky for the District of New Jersey are prosecuting the case.
Justice Department Secures Agreement to Protect Access to Reproductive Health ServicesRead the Press Release
NEWARK, N.J. – The Justice Department announced an agreement today with a former Bergen County, New Jersey, man to resolve a federal lawsuit for his alleged violations of the Freedom of Access to Clinic Entrances (FACE) Act. The FACE Act protects the right to access and provide reproductive health services, including abortion.
The FACE Act prohibits anyone from using force, threats of force or physical obstruction against any person seeking or providing reproductive health services. The complaint filed against Daniel Courney, 38, formerly of Bergenfield, New Jersey, alleges that he violated the FACE Act on two occasions in October 2021. In both instances, according to the complaint, Courney used physical force against a patient escort at a health clinic in Englewood, New Jersey, to attempt to prevent the volunteer from assisting individuals seeking the clinic’s services.
The proposed consent decree, which still must be approved by the U.S. District Court for the District of New Jersey, orders Courney to stay away from the clinic permanently, prohibits future FACE Act violations and requires Courney to pay a monetary penalty.
“Access to reproductive healthcare is a fundamental right,” U.S. Attorney Philip R. Sellinger for the District of New Jersey said. “Individuals must be able to access facilities like the Englewood clinic to make decisions about their own bodies, health and futures, in consultation with health care providers. Those providers are entitled to offer services free from the threat of violence against them. Our office remains committed to the enforcement of the FACE Act throughout the District of New Jersey to protect these important rights. We encourage anyone with information about potential FACE Act violations to contact our office.”
“Reproductive health care providers must be free to carry out their work free from interference or intimidation,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said. “The Justice Department is committed to enforcing federal law to protect providers and all people seeking access to reproductive health care across our nation.”
The Justice Department is committed to the protection of reproductive rights and recently announced the formation of its Reproductive Rights Task Force to protect those rights nationwide.
Anyone in imminent danger should call 911 or local police. Contact your local FBI field office by calling 1-800-CALL-FBI (or 1-800-225-5324) or via tips.fbi.gov.
Anyone in the District of New Jersey may report potential FACE Act violations or other threats to reproductive freedom by calling the Civil Rights Hotline, 855-281-3339, or by submitting an online complaint here.
Senior Civil Rights Counsel R. Joseph Gribko and Assistant U.S. Attorney Susan Millenky of the U.S. Attorney’s Office’s Civil Rights Division are prosecuting the case.
Justice Department Resolves Disability Discrimination Lawsuit Against Housing Authority of New Orleans PropertiesRead the Press Release
The Department of Justice announced that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties.
The settlement, which must be approved by the U.S. District Court for the Eastern District of Louisiana, requires the defendants to pay all costs related to the retrofits, provide $200,000 for a settlement fund to compensate individuals harmed by the inaccessible housing, and pay a civil penalty of $50,000 to the federal government.
“Under federal law, people with disabilities must have the same access to housing as other people,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These eight properties house thousands of residents, many of whom live with a disability. This settlement will ensure that residents with disabilities will have an equal opportunity to live safely in and enjoy their homes.”
“All citizens deserve safe, affordable and accessible housing,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The successful resolution of this matter helps meet the needs of our vulnerable, disabled and elderly residents.”
The properties at issue are Bienville Basin, Columbia Parc, Faubourg Lafitte, Fischer Senior Village, Guste III, Harmony Oaks, Marrero Commons and River Garden. Seven of these properties were developed as part of HANO’s post-Hurricane Katrina redevelopment of its public housing projects.
The accessibility barriers alleged to exist at the properties include, among other violations, steps and excessive slopes leading to unit entry doors or building entrances from sidewalks and other public areas; common areas and amenities that are not usable by persons with disabilities, such as mailboxes mounted too high for persons using wheelchairs to reach; insufficiently wide openings at interior doors that make them inaccessible for many persons with mobility impairments; inadequate interior space to maneuver a wheelchair; and inaccessible parking.
Individuals who believe they or someone they know may have had difficulties by inaccessible features at any of the above properties should contact the Justice Department at [email protected] or leave a message at 1-800-896-7743 ext. 996.
The Justice Department, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other protections, the FHA requires that all multifamily housing constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental offices and associated restrooms and parking at issue in this case.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report housing discrimination by calling the Justice Department at 1-833-591-0291, emailing [email protected], or submitting a report online. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
Justice Department Resolves Disability Discrimination Lawsuit Against Housing Authority of New Orleans PropertiesRead the Press Release
WASHINGTON – The Department of Justice announced today that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties.
The settlement, which must be approved by the U.S. District Court for the Eastern District of Louisiana, requires the defendants to pay all costs related to the retrofits, provide $200,000 fora settlement fund to compensate individuals harmed by the inaccessible housing, and pay a civil penalty of $50,000 to the federal government.
“Under federal law, people with disabilities must have the same access to housing as other people,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “These eight properties house thousands of residents, many of whom live with a disability. This settlement will ensure that residents with disabilities will have an equal opportunity to live safely in and enjoy their homes.”
“All citizens deserve safe, affordable, and accessible housing,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The successful resolution of this matter helps meet the needs of our vulnerable, disabled, and elderly residents.”
The properties at issue are Bienville Basin, Columbia Parc, Faubourg Lafitte, Fischer Senior Village, Guste III, Harmony Oaks, Marrero Commons and River Garden. Seven of these properties were developed as part of HANO’s post-Hurricane Katrina redevelopment of its public housing projects.
The accessibility barriers alleged to exist at the properties include, among other violations, steps and excessive slopes leading to unit entry doors or building entrances from sidewalks and other public areas; common areas and amenities that are not usable by persons with disabilities, such as mailboxes mounted too high for persons using wheelchairs to reach; insufficiently wide openings at interior doors that make them inaccessible for many persons with mobility impairments; inadequate interior space to maneuver a wheelchair; and inaccessible parking.
Individuals who believe they or someone they know may have had difficulties by inaccessible features at any of the above properties should contact the Justice Department at [email protected] or leave a message at 1-800-896-7743 Ext. 996.
The Justice Department, through the U.S. Attorneys’ Offices and the Civil Rights Division, enforces the FHA, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability, and familial status. Among other protections, the FHA requires that all multifamily housing constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental offices and associated restrooms and parking at issue in this case.
More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report housing discrimination by calling the Justice Department at 1-833-591-0291, emailing [email protected], or submitting a report online. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
# # #
Justice Department Finds Minnesota Department of Corrections Violates Rights of Incarcerated Individuals with DisabilitiesRead the Press Release
On Sept. 30, 2022, the Justice Department found that the Minnesota Department of Corrections (MNDOC) violated the Americans with Disabilities Act (ADA) by denying incarcerated individuals with disabilities enrolled in its General Educational Development (GED) program opportunities to apply for and receive needed modifications on the GED exam. The MNDOC offers GED preparation courses and practice tests and administers the GED exam inside all of its adult prison facilities. The letter of findings asks the MNDOC to work with the department to resolve the civil rights violations identified during its investigation.
“The ADA gives people with disabilities, including people in correctional facilities, the right to equal access to educational opportunities, like GED programs,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Civil Rights Division remains committed to enforcing the ADA and ensuring that all people with disabilities can learn and be tested not on their disabilities, but on their knowledge and skills.”
After receiving complaints and conducting its investigation, the department found that the MNDOC discriminate against individuals with disabilities in multiple ways, including by: (1) failing to notify them about reasonable modifications for GED courses, practice tests and exams; (2) failing to give them reasonable modifications, such as extended time and breaks, in GED courses and on practice tests, and (3) preventing them from applying for GED exam accommodations. Without reasonable modifications, many incarcerated individuals with disabilities repeatedly failed their practice tests or official exams, were denied access to other prison programs, and were released from incarceration without a GED. To fix these issues, the department’s letter asks the MNDOC to take corrective actions, including changing policies and procedures, putting an ADA coordinator in place, training staff and reporting to the department.
Under Title II of the ADA, the department provided the MNDOC with written notice of the supporting facts for these findings and the remedial measures necessary to address them. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. ADA complaints may be filed online at http://www.ada.gov/complaint.
Jefferson County Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Robert Lee Anderson, 46, pleaded guilty on June 6, 2022, to being a felon in possession of a firearm and was sentenced to 36 months in federal prison today by U.S. District Judge Marcia A. Crone.
According to information presented in court, on March 21, 2022, law enforcement officers noticed a vehicle they knew to be stolen parked in a lane of traffic with its lights off near French Road in Beaumont. Officers observed Anderson walking away from the vehicle and instructed him to stop. Instead, Anderson fled through a neighboring yard, throwing a firearm on the roof of a residence. Anderson was apprehended and the firearm was recovered. Further investigation revealed Anderson was a convicted felon and prohibited by federal law from owning or possessing firearms or ammunition. Anderson was indicted on federal firearms violations on April 20, 2022.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives and prosecuted by Assistant U.S. Attorney Russell James.
###
Inmates and Family Members Indicted for Role in Nationwide Phone Scam Targeting Home DepotRead the Press Release
BIRMINGHAM, Ala. – A federal grand jury last week indicted eight individuals for their roles in a prison-based phone scam that targeted retailers throughout the country, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick Davis.
A twelve-count indictment filed in U.S. District Court charges Ricardo Poole Sr., aka “Raoul,” 48, of Bessemer, Kortney Jovan Simon, 43, of Harvest, Otis Lee Bowers, aka “Big O,” 44, of Bessemer, Terry Ray Bradshaw, aka “Skitzo,” 39, of Remlap, Rennita Renee Perry, 28, of Bessemer, Kiara Reshell Anderson, 30, of Bessemer, Ricardo Poole, Jr., 25, of Birmingham, and Rhonda Thompson Poole, 47, of Bessemer with wire fraud and money laundering conspiracy, as well as substantive wire fraud counts. Poole Sr., Simon, and Bradshaw are also charged with aggravated identity theft; and Poole Sr., Bowers, Perry, and Anderson are charged with conspiracy to distribute controlled substances.
According to the indictment, from September 2020 through May 2022, the defendants tricked retailers into activating gift cards under fraudulent pretenses and then used those fraudulently obtained gift cards to purchase merchandise and make other expenditures. The indictment alleges that, while incarcerated at Donaldson, Bradshaw called Home Depot stores throughout the country and used spoofing technology and social engineering techniques to pose as Home Depot executives so that he could trick employees into activating gift cards. Poole Sr, Simon, and Bowers then purchased products using those gift cards, which were received by co-conspirators and converted to cash. The indictment also alleges that from September 2020 through August 2022, Poole Sr., Bowers, Perry, and Anderson engaged in a conspiracy to distribute controlled substances, specifically mixtures and substances containing detectable amounts of methamphetamine, heroin, fentanyl, marijuana, and synthetic cathinones.
The charges of conspiracy to commit wire fraud, wire fraud, conspiracy to commit money laundering, and conspiracy to distribute and possess with the intent to distribute a controlled substance each carry a maximum penalty of 20 years in prison. Aggravated identity theft carries a mandatory sentence of two years in prison.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorneys Edward J. Canter and John M. Hundscheid are prosecuting the case. The Alabama Department of Corrections Law Enforcement Services Division provided assistance in the investigation.
An indictment contains only charges. The defendants are presumed innocent unless and until they are proven guilty.
Hot Springs Man Sentenced to Seven Years in Federal Prison for Drug TraffickingRead the Press Release
HOT SPRINGS – A Hot Springs man was sentenced today to 84 months in prison followed by three years of supervised release on one count of Distribution of Methamphetamine. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the U.S. District Court in Hot Springs.
According to court documents, in July of 2019, detectives with the 18th East Judicial Drug Task Force received information that Lee Kelly Cargile, age 36, was trafficking large quantities of methamphetamine in Garland County. Later that month, detectives were able to conduct multiple controlled purchases of methamphetamine from Cargile.
The methamphetamine was tested by the Drug Enforcement Administration laboratory and confirmed to be pure methamphetamine.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The 18th East Judicial District Drug Task Force, Homeland Security Investigations Little Rock, the Drug Enforcement Administration, and the 18th East Judicial District Prosecuting Attorney’s Office investigated the case investigated the case.
Assistant U.S. Attorney Bryan Achorn and Special Assistant U.S. Attorney (SAUSA) Trent Daniels prosecuted the case.
Georgia man who laundered millions from romance scams, Business Email Compromises, and other online fraud receives 25-year sentenceRead the Press Release
ATLANTA - Elvis Eghosa Ogiekpolor has been sentenced to 25 years in federal prison for money laundering and conspiracy to commit money laundering after being convicted at trial. Ogiekpolor opened and directed others to open at least 50 fraudulent business bank accounts that received over $9.5 million dollars from various online frauds, including romance frauds and business email compromise scams (“BECs”). He then laundered the fraud proceeds using other accounts, including dozens of accounts overseas.
“Ogiekpolor and his co-conspirators were part of a broader international network of online fraudsters and money launderers who wreaked havoc and devastation on unsuspecting individuals and businesses,” said U.S. Attorney Ryan K. Buchanan. “This case demonstrates our office’s unrelenting commitment to hold accountable those who prey on the vulnerabilities of victims and seek to exploit our nation’s banking system.”
“There is no way we can make the victims of Ogiekpolor and this network whole again, but we hope this sentence will at least give them solace that people are being held accountable,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI makes it a top priority to investigate these cyber-crimes and the greedy criminals behind them.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: Beginning in at least October 2018 and continuing until August 2020, Ogiekpolor directed at least eight so-called “money mules” – including six who testified against him at trial – to open more than 50 fraudulent business bank accounts in Georgia in the names of a dozen sham companies. The sham companies did not occupy physical premises, earn legitimate income, or pay wages to employees. Ogiekpolor instructed the money mules to open multiple accounts at once and, if one bank closed an account for suspected fraud or other suspicious activity, to simply open additional fraudulent accounts at different banks. Ogiekpolor then provided the accounts to other co-conspirators to receive the proceeds from multiple romance frauds, BEC scams, and other frauds impacting dozens of victims in the U.S. and elsewhere, as well as multiple businesses.
Romance scams are a type of online fraud in which victims are targeted by individuals posing as potential paramours. The fraudsters create fake online dating profiles (often with photographs of attractive men or women) and use these fake personas to express strong romantic interest in the victims to entice them into sending money under false pretenses. Romance scams frequently target vulnerable individuals who possess significant financial assets, such as retired widows or widowers. In Ogiekpolor’s case, unsuspecting victims would typically wire funds directly into one of his fraudulent accounts, or mail checks or cash to Ogiekpolor’s money mules in Georgia. Once the fraud proceeds posted to his accounts, Ogiekpolor laundered the funds, including wiring hundreds of thousands of dollars to overseas accounts, and withdrawing substantial amounts in cash and cashier’s checks.
Multiple romance fraud victims, mainly women, testified at trial. The victims recounted how they met male strangers online and were soon convinced they were in a romantic relationship with the men, even though the victims were in communication with the individuals for months without meeting in person. Often these men claimed they wanted to start a life with the victims and were eager to live with them as soon as some kind of issue was resolved. For example, one romance fraud victim was convinced to wire $32,000 to one of the accounts Ogiekpolor controlled because her “boyfriend” (one of the men online) claimed a part of his oil rig needed to be replaced but that his bank account was frozen. This victim borrowed against her retirement and savings to provide the funds, which ultimately required her to refinance her home to pay back the loan. Another victim testified that she was convinced to send nearly $70,000 because the man she met on eHarmony claimed to need money to promptly make payment on several invoices due to a frozen bank account. The 13 romance fraud victims who testified at trial represented just a small number of such victims who were defrauded into sending money to Ogiekpolor’s accounts.
BEC scams also commonly involve an employee of a company who has been fooled into responding to email messages that appear to be, but are not, legitimate (“spoof emails”). At trial, the jury heard from several businesses – representing just a small sample of the total number of companies defrauded – who had been victimized by spoof emails. In each case, the victim-business believed it was making a payment, often several hundreds of thousands of dollars, to a long-standing vendor only to subsequently learn that they had been tricked into sending the money to an account controlled by Ogiekpolor and thereby defrauded.
In addition to Ogiekpolor, several of his co-conspirators have been convicted of conspiracy to commit money laundering in connection with this case, including:
- Vere Whyte, 35, of Stone Mountain, Georgia, who pleaded guilty on November 15, 2021;
- Kutina Crawford, 49, of Lithonia, Georgia, who pleaded guilty on May 2, 2022;
- Ebony Parks, 28, of Jonesboro, Georgia, who pleaded guilty on May 11, 2022;
- Tiffany Gaines, 42, of Conyers, Georgia, who pleaded guilty on May 16, 2022; and
- Tamara Gaines, 48, of Conyers, Georgia, who pleaded guilty on July 11, 2022.
Elvis Eghosa Ogiekpolor, 46, of Norcross, Georgia, was sentenced by U.S. District Judge William M. Ray, II, to 25 years in prison to be followed by three years of supervised release. The Court will schedule a hearing for a later date at which time it will determine the amount of restitution that Ogiekpolor owes. He was charged by a federal grand jury in February 2022 with one count of conspiracy to commit money laundering and 15 counts of substantive money laundering. A federal jury convicted him of these charges on May 31, 2022, following an eight-day trial.
The U.S. Attorney’s Office for the Northern District of Georgia is part of the Department of Justice Transnational Elder Fraud Strike Force. The Strike Force focuses on investigating and prosecuting defendants associated with foreign-based fraud schemes that disproportionately affect American seniors. These include romance scams, phone scams, mass-mailing fraud schemes, and tech-support fraud schemes. For further information on these scams, see https://www.justice.gov/elderjustice/senior-scam-alert.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorneys Alex R. Sistla and Radka T. Nations prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Gadsden Man Charged with Multi-Million-Dollar Kickback and Health Care Fraud ConspiraciesRead the Press Release
Tuscaloosa, Ala. – A federal grand jury last week indicted a Gadsden man for conspiring to pay and receive kickbacks and commit health care fraud, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Acting Special Agent in Charge Felix A. Rivera-Esparra, and U.S. Department of Health and Human Services, Office of Inspector General, Special Agent in Charge Tamala E. Miles.
A six-count indictment filed in U.S. District Court charges James Ewing Ray, 51, of Gadsden, Alabama, with one count of kickback conspiracy, four substantive kickback counts, and one count of health care fraud conspiracy.
Ray owned Integrity Medical, LLC, a company through which he marketed health care items and services to medical providers. According to the indictment, between about 2012 and 2018, Ray conspired with others to pay and receive kickbacks to induce medical providers to issue medically unnecessary prescriptions and order medically unnecessary goods and services, which were then billed to Medicare and other health insurers.
One of those services was electro-diagnostic testing by QBR, a Huntsville-based testing company whose owner, John Hornbuckle, is under indictment in a related case. The indictment against Ray alleges that QBR billed insurers millions of dollars for electro-diagnostic testing that its technicians performed, regardless of whether there was a medical need for them. QBR is alleged to have paid Ray a fee for every patient his doctors referred, and to have paid those doctors a per-patient fee for their referrals. Federal insurers were billed millions of dollars for these tests, the indictment alleges.
The maximum penalty for kickback conspiracy is five years in prison. The maximum penalty for health care fraud conspiracy is ten years in prison. Each of the four substantive kickback counts carries a maximum of ten years in prison.
The FBI and HHS-OIG investigated the case. Assistant U.S. Attorneys J.B. Ward and Don Long are prosecuting the case.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Full Restitution Payment Obtained from Three Former Portland-Area Strip Club Operators Convicted of FraudRead the Press Release
PORTLAND, Ore.—The U.S. Attorney’s Office for the District of Oregon announced today that full restitution of over $600,000 was obtained from the former operators of two Portland-area strip clubs who were convicted at trial in 2016 for conspiring to defraud the IRS and Oregon Department of Revenue out of hundreds of thousands of dollars in business taxes owed.
On Sept. 23, 2022, the Clerk of the Court for the District of Oregon received a payment of $608,217, which was full payment of the outstanding restitution balance of David, George, and Daniel Kiraz. The Kirazes previously had paid less than ten percent of their original $657,243 restitution order.
“I am proud of our Financial Litigation Program for their hard work in securing this full restitution payment, and for their commitment to helping crime victims by diligently investigating these cases,” said Natalie Wight, U.S. Attorney for the District of Oregon.
“Today’s restitution payment is the culmination of many years of dogged effort made by our agency and by our partners at the U.S. Attorney’s Office. This is a success we can all share in, as the funds secured today will be used for the benefit of our communities,” said Special Agent in Charge Bret Kressin, IRS Criminal Investigation (IRS:CI), Seattle Field Office.
According to court documents, David Kiraz, 40, of Happy Valley, Oregon, along with his father and brother—George Kiraz, 62, and Daniel Kiraz, 37, both of Portland—operated two Portland-area strip clubs, the Cabaret Lounge on West Burnside Street in Portland and Cabaret Lounge II on Southeast Stark Street in Gresham, Oregon. From 2007 through 2010, these clubs collected more than $1.5 million in cash for cover charges and dancer stage fees.
To conceal their total business income from the IRS, the Kirazes maintained a set of books at their clubs that did not include their cash payments, while maintaining a second set of books at David Kiraz’s home that tracked their actual receipts in full. The Kirazes reported their business activity on David Kiraz’s personal income tax return and provided their tax return preparers with only a two-page business financial summary compiled from their manipulated records. Together, these actions resulted in David Kiraz intentionally underreporting more than $1.5 million in taxable income and causing a combined state and federal tax loss of more than $649,000.
On April 8, 2015, a federal grand jury in Portland returned a seven-count indictment charging the Kirazes with conspiring with one another to defraud the United States, filing false income tax returns, and aiding and assisting in the preparation of false income tax returns. On May 26, 2016, after a six-day trial, they were found guilty.
On Tuesday, October 25, 2016, David and George Kiraz were sentenced to three years in federal prison and three years of supervised release. Daniel Kiraz was sentenced to one year and one day in federal prison.
This case was originally investigated by IRS:CI. It was prosecuted by Quinn Harrington and Seth Uram, Assistant U.S. Attorneys for the District of Oregon, and Leslie Goemaat, Trial Attorney for the Justice Department’s Tax Division.
Enforcement of the Kirazes’ restitution order was handled by Assistant U.S. Attorney Jessie D. Young and the staff and investigators of the U.S. Attorney’s Office’s Financial Litigation Program.
The District of Oregon’s Financial Litigation Program (FLP) is part of the U.S. Attorney’s Office’s Asset Recovery and Money Laundering Division. The mission and goal of FLP is to fairly achieve the maximum recovery of civil and criminal debts consistent with applicable laws, regulations, and Justice Department policies. FLP attorneys and support staff work with individuals subject to restitution orders to bring closure for crime victims and recoup losses incurred by United States taxpayers.
Fruitland man charged with assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Elijah Cudei Etsitty was arraigned on an indictment charging him with assault resulting in serious bodily injury in Indian Country. Etsitty, 25, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain on conditions of release pending trial, which has not been scheduled.
A federal grand jury indicted Etsitty on Aug. 23. According to the indictment and other court records, on June 27, 2021, Etsitty assaulted a victim, identified as Jane Doe, in San Juan County, New Mexico, on the Navajo Nation. The assault resulted in serious bodily injury to Jane Doe.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Etsitty faces up to 10 years in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Shiprock Police Department. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case.
# # #
Former Crips Gang Members and Inmates Each Sentenced to More Than Five Years in Prison for COVID-19-Related Unemployment Insurance Fraud SchemeRead the Press Release
FRESNO, Calif. — Sholanda Thomas, 38, a former Hoover Crips gang member and an inmate at the Central California Women’s Facility (CCWF) in Chowchilla, was sentenced today to five years and five months in prison for conspiring to submit fraudulent unemployment insurance claims to the California Employment Development Department (EDD) in the names of other CCWF inmates, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Thomas sent her own and other inmates’ personally identifiable information to Christina Smith, a parolee and a former Hoover Crips gang member, to submit the unemployment insurance claims in their names. The underlying applications falsely represented that the inmates had been working as carpet cleaners, hair stylists, mechanics, and other jobs. This was impossible because they were incarcerated and ineligible for benefits. The intended loss to the EDD and the United States was over $250,000 and the actual loss was more than $200,000. The proceeds were spent on various personal expenses, including plastic surgery for Smith.
Smith was sentenced in September 2021 to five years in prison for her role in the conspiracy.
This case was the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation’s Investigative Services Unit, and the EDD. Assistant U.S. Attorney Joseph Barton prosecuted the case.
This case was prosecuted as part of the California COVID-19 Fraud Enforcement Strike Force, one of three interagency COVID-19 fraud strike force teams established by the Department of Justice. The California Strike Force combines law enforcement and prosecutorial resources in the Eastern and Central Districts of California. The strike forces focus on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
Former Contractor Pleads Guilty to Bid Rigging and BriberyRead the Press Release
A former construction contractor became the second person to plead guilty for participating in a bid-rigging and bribery scheme involving California Department of Transportation (Caltrans) improvement and repair contracts.
According to a plea agreement filed today in the U.S. District Court for the Eastern District of California in Sacramento, William D. Opp engaged in a conspiracy, from early 2015 through at least as late as August 2018, to thwart the competitive bidding process for Caltrans contracts to ensure that companies controlled by co-conspirators or himself submitted the winning bid and would be awarded the contract. As part of the conspiracy, Opp formed a separate construction company, with his wife as the nominal president, to submit sham bids on Caltrans contracts.
“Today’s guilty plea involves crimes affecting industries that receive significant federal funding for infrastructure and transportation,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “The Antitrust Division and its Procurement Collusion Strike Force are redoubling efforts to enforce the law against bid-rigging and fraud that steals taxpayer dollars.”
Opp also pleaded guilty to paying bribes to Choon Foo “Keith” Yong, a former contract manager for Caltrans, a California state agency that receives significant federal funding. On April 11, 2022, Yong pleaded guilty to his role in the bid-rigging and bribery scheme. According to Yong’s plea agreement, he received bribes in the form of cash payments, wine, furniture, and remodeling services on his home. The total value of the payments and benefits Yong received exceeded $800,000.
Opp is scheduled to be sentenced on Jan. 30 2023, by U.S. District Judge Kimberly J. Mueller for the Eastern District of California. For the bid-rigging conspiracy, Opp faces a maximum statutory penalty of 10 years of incarceration and a fine up to $1 million or twice the gross pecuniary loss resulting from the offense. For bribery concerning programs receiving federal funds, Opp faces a maximum statutory penalty of 10 years of incarceration and a fine up to $250,000 or twice the gross pecuniary loss resulting from the offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Today’s guilty plea is the second to result from a joint investigation by the Antitrust Division’s San Francisco office, the U.S. Attorney’s Office for the Eastern District of California, and the FBI’s Sacramento Division as part of the Justice Department’s Procurement Collusion Strike Force (PCSF).
In November 2019, the Department of Justice created the PCSF, a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to federal government contracts, go to https://www.justice.gov/procurement-collusion-strike-force.
Former Alabama Police Chief Indicted for Excessive Force and Lying to InvestigatorsRead the Press Release
A federal grand jury in the Southern District of Alabama indicted former Citronelle Police Department Chief John Tyler Norris for using excessive force against a man while on duty and for misleading state investigators.
According to the indictment, on June 30, 2021, Norris, 43, while on duty, assaulted I.M., a man in his custody. Norris is also charged with making a misleading statement to local investigators regarding his conduct related to the assault. If convicted, Norris faces a maximum sentence of ten years in prison for the alleged use of force and 20 years in prison for making a misleading statement.
Assistant Attorney General Kristen Clarke of the Department of Justice’s Civil Rights Division, U.S. Attorney Sean P. Costello for the Southern District of Alabama and Special Agent in Charge Paul W. Brown for the FBI Mobile Field Office made the announcement.
The FBI Mobile Field Office is investigating the case. Assistant U.S. Attorney Vicki Davis for the Southern District of Alabama and Trial Attorneys Maura White and MarLa Duncan of Civil Rights Division’s Criminal Section are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Adelanto Mayor Pro Tem Sentenced to 5 Years in Prison for Accepting Bribe and Attempting to Burn Down His Own RestaurantRead the Press Release
RIVERSIDE, California – The former mayor pro tem of Adelanto was sentenced today to 60 months in federal prison for accepting a $10,000 cash bribe and hiring a man to burn down his restaurant so he could fraudulently collect hundreds of thousands of dollars in insurance proceeds.
Jermaine Wright, 46, of Riverside, was sentenced by United States District Judge Jesus G. Bernal.
At the conclusion of a six-day trial, a federal jury on June 22 found Wright guilty of one count of bribery of programs receiving federal funds and one count of attempted arson of a building affecting interstate commerce.
In early 2017, federal investigators began a probe into possible corruption in Adelanto, a city located in San Bernardino County. During the investigation, law enforcement used an informant who introduced Wright to two undercover FBI agents and recorded a series of conversations in which Wright discussed both plots.
In the first scheme, Wright – then an Adelanto city councilman as well as the city’s mayor pro tem – accepted a $10,000 bribe from an undercover FBI agent who told Wright he wanted his assistance in securing votes to expand the marijuana business zone, and for protection from code enforcement related to a supposed marijuana transportation business.
“Unfortunately, [Wright’s] decision to accept a $10,000 bribe payment was not a one-off event,” prosecutors wrote in a sentencing memorandum. “The recordings in this case show that he spoke to the undercover agent…over a period of months. [Wright] initially quoted a price of $20,000 for his vote on a City Council matter. Later, he suggested $15,000 for ‘pushing’ permits. Finally, he accepted a $10,000 payment, and he said that he expected ‘a stack,’ or $2,000, each time he would interfere with code enforcement going forward.”
In the second scheme, in August 2017, Wright sought the informant’s assistance in finding someone to burn down Fat Boyz Grill, his restaurant in Adelanto. In late September, Wright asked the informant to pass his cell phone number to the “electrician” – so named because Wright wanted the cause of the fire to appear to be an electrical problem.
Wright met the “electrician” – actually the second undercover FBI agent – on October 3, 2017 and said he wanted the fire on the following Saturday when the sprinkler system would be turned off. After Wright assured the undercover agent that his insurance policy covers everything, the “electrician” agreed to do the job for $1,500. At a meeting three days later, Wright paid the $1,500 after the undercover agent told Wright he needed more time to prepare for the job.
Wright also gave the agent a tour of the restaurant and assisted in the planning of the arson by providing a ladder for the undercover agent and discussing various tactics to ensure the planned arson would be a success.
In October 2017, the FBI executed a search warrant at Fat Boyz Grill and interviewed Wright, who confessed to hiring the undercover agent to burn down the restaurant. The next day, the informant reported to the FBI that Wright had told the informant that the FBI had approached Wright, and that Wright requested the informant’s assistance in making the undercover agent “go away,” according to court documents.
In October 2017, the FBI executed a search warrant at Fat Boyz Grill and interviewed Wright, who confessed to hiring the undercover agent to burn down the restaurant. The next day, the informant reported to the FBI that Wright had told the informant that the FBI had approached Wright, and that Wright requested the informant’s assistance in making the undercover agent “go away.”
The FBI investigated this matter.
Assistant United States Attorney Sean D. Peterson, Chief of the Riverside Branch Office, prosecuted this case.
Florida Medical Practice Agrees to Pay $130,000 to Resolve Allegations That it Received Kickbacks from Pharmaceutical DistributorRead the Press Release
BOSTON – Southeast Florida Hematology and Oncology Group (SEFHOG), a now-defunct specialty medical practice in Fort Lauderdale, Fla., has agreed to pay $130,000 to resolve allegations that it violated the False Claims Act by receiving “upfront discounts” from its specialty pharmaceutical distributor, Cardinal Health, in violation of the Anti-Kickback Statute. In January 2022, Cardinal Health entered into a $13.125 million settlement to resolve allegations concerning these and other upfront discounts.
The Anti-Kickback Statute prohibits pharmaceutical distributors from offering or paying any compensation to induce physicians to purchase drugs for use on Medicare patients. When a pharmaceutical distributor sells drugs to a physician practice for administration in an outpatient setting, the distributor may legally offer commercially available discounts to its customers under certain circumstances prescribed by the Office of Inspector General for the Department of Health and Human Services (HHS-OIG). HHS-OIG has advised that upfront discount arrangements present significant kickback concerns unless they are tied to specific purchases and distributors maintain appropriate controls to ensure that discounts are clawed back if the purchaser ultimately does not purchase enough product to earn the discount. According to admissions contained in the settlement agreement, the payments that SEFHOG received were not attributable to identifiable sales.
Under the terms of this agreement, SEFHOG is paying $65,000 to the federal government and $65,000 to the State of Florida. This matter was handled jointly with the Office of the Attorney General for the State of Florida.
United States Attorney Rachael S. Rollins; Phillip M. Coyne, Special Agent in Charge for the Office of Inspector General of the U.S. Department of Health and Human Services; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorneys Evan Panich and Lindsey Ross of Rollins’ Office handled the matter.
Final Major Defendant Sentenced to More than 11 Years in Prison for Role in Multi-State Methamphetamine Trafficking OrganizationRead the Press Release
CHARLESTON, W.Va. – Leo Antoine Smith, 38, of Cross Lanes, was sentenced today to 11 years and eight months in prison, to be followed by three years of supervised release, for conspiracy to distribute a quantity of methamphetamine.
Smith is the final major defendant to be sentenced in connection with an investigation that dismantled a large-volume drug trafficking organization (DTO) that operated primarily in the Charleston, Rand, and St. Albans areas of Kanawha County from March 2019 to September 2021. The DTO distributed more than 160 pounds of methamphetamine as well as quantities of fentanyl and other drugs. The investigation also thwarted a plan by four of the defendants to murder an individual on Charleston’s West Side on July 4, 2021.
“These defendants threatened our communities with their poison as well as gun violence,” said United States Attorney Will Thompson. “The amount of methamphetamine trafficked from Kentucky, Georgia, and Ohio is staggering. This investigation and prosecution wiped out all connections between the DTO’s suppliers and the Southern District of West Virginia.”
The investigation culminated in the seizure of more than 12.3 pounds of methamphetamine, approximately 34 firearms, more than $86,000 in cash, and several vehicles including three motorcycles. All 17 individuals indicted have been convicted.
“Today’s sentencing is the culmination of the tireless effort by FBI Pittsburgh and our law enforcement partners,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “The FBI will relentlessly pursue the leadership of drug trafficking organizations and dismantle them. Mr. Smith and the rest of the defendants in this case will face the consequences for trafficking the drugs that fuel violence in the Charleston area.”
The investigation also prevented a fatal drug overdose in St. Albans and several violent incidents including the Fourth of July 2021 plot. In that incident, four of the defendants - Treydan Leon Burks, Brian Dangelo Terry, James Edward Bennett III, and Douglas Johnathan Wesley - armed themselves in Rand and drove to Charleston to commit a drive-by shooting murder. Alerted to the plot, police in marked cruisers converged on the area. The four men abandoned their vehicle in a Lee Street parking lot due to the increased police presence. Federal agents executed a search warrant on the vehicle and recovered four loaded firearms: a Spike’s Tactical, Model SL15, .223-caliber pistol; an FNH, Model FNS-9, 9mm pistol; a Taurus, Model G2C, 9mm pistol; and a Sig Sauer, Model SP2022, .40-caliber pistol.
“Too often, Charleston and the surrounding communities feel the impact of illegal drug distribution and the violence associated with it,” said Special Agent in Charge Shawn Morrow of the Louisville Field Division for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). “I hope the message is clear today: ATF, the FBI, and our law enforcement partners will not let drug dealers take hold of our neighborhoods. We are committed to making our communities safe, and to holding criminals accountable for violence and drug trafficking that destroys our families.”
“The success of this investigation is a testament to the outstanding work and effective coordination of the FBI, the ATF, the Charleston Police Department, the Metropolitan Drug Enforcement Network Team (MDENT), the United States Marshals Service, and the Putnam County Sheriff’s Office,” Thompson said. “I also commend Assistant United States Attorneys Joshua Hanks and Alex Hamner for securing convictions against all of the defendants, including at trials where juries found Smith and two other defendants guilty on all counts against them.”
MDENT includes the Kanawha County Sheriff’s Office and the Charleston, Nitro, South Charleston and St. Albans police departments.
A federal jury found Smith guilty after a two-day trial on May 26, 2022. Evidence at trial established that Smith distributed methamphetamine around Charleston between the fall of 2020 and September 21, 2021. On at least one occasion in early 2021, Smith traveled with co-defendant Terry to Atlanta to purchase methamphetamine from another co-defendant, Ramon David Alston. Trial testimony, wiretap evidence, and text messages obtained from Smith’s cellphones revealed that he distributed more than 60 ounces of methamphetamine.
The other major defendants were sentenced to the following prison terms following their convictions on felony offenses:
- Timothy Wayne Dodd, 46, of South Charleston, to 21 years and seven months for conspiracy to distribute 500 grams or more of methamphetamine;
- Shane Kelly Fulkerson, 45, of Charleston, to 19 years and seven months for two counts of possession with intent to distribute methamphetamine;
- Ramon David Alston, 42, of Decatur, Georgia, to 12 years and six months for conspiracy to distribute 500 or more grams of methamphetamine;
- James Edward Bennett III, 31, of Charleston, to 10 years for being a felon in possession of a firearm;
- Jason Robert Oxley, 39, of St. Albans, to 10 years for conspiring to distribute 500 grams or more of methamphetamine and being a felon in possession of a firearm;
- Brian Dangelo Terry, 37, of Charleston, to 10 years for conspiracy to distribute 500 or more grams of methamphetamine and for being a felon in possession of a firearm;
- Douglas Johnathan Wesley, 33, of Charleston, to 10 years for being a felon in possession of a firearm;
- Jonathan Gregory Bush, 39, of Dunbar, to eight years and one month for conspiracy to distribute methamphetamine.
- Scott Edward Hudson, 50, of St. Albans, to seven years for intent to distribute methamphetamine and being a felon in possession of a firearm;
- Treydan Leon Burks, 32, of Charleston, to seven years for conspiracy to distribute 500 grams or more of methamphetamine;
- Angie Lane Harbour, 41, of Given, to three years and 10 months for conspiracy to distribute methamphetamine;
- Michael Antonio Smith, 50, of Charleston, to two years for being a felon in possession of a firearm.
United States District Judge Joseph R. Goodwin imposed the sentences.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-171, 2:21-cr-172, 2:21-cr-211, and 2:22-cr-90.
###
Fentanyl Trafficker Going to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Cardell Richardson, 33, of Chili, NY, who was convicted of possession with intent to distribute 10 grams or more of para-flourofentanyl, was sentenced to serve 90 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that in June and July of 2021, investigators purchased suspected fentanyl from Richardson on three separate occasions. On July 22, 2021, investigators searched Richardson’s residence on Forsythia Drive in Chili, seizing multiple quantities of fentanyl and para-flourofentanyl, a fentanyl analogue, as well as nearly $4,000 in cash, a digital scale and drug packaging material. Richardson, who was arrested outside his residence, was found with 76 decks of para-flourofentanyl and $590 in his possession.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The sentencing is the result of an investigation by the Greater Rochester Area Narcotics Enforcement Team and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
# # # #
Federal charges brought in Fruitland abuse caseRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that Derek Lorin Blackhorse was arraigned on Sept. 29 on a three-count indictment charging him with attempted aggravated sexual abuse, abusive sexual contact and attempted sexual abuse. Blackhorse, 33, of Fruitland, New Mexico, and an enrolled member of the Navajo Nation, will remain in custody pending trial, which has not been scheduled.
A federal grand jury indicted Blackhorse on Aug. 23. According to the indictment and other court records, on May 28, 2021, Blackhorse allegedly engaged in abusive sexual contact with a minor victim, identified as Jane Doe. The indictment also alleges that Blackhorse attempted to engage in sexual activity with Jane Doe.
In a separate incident on June 21, 2021, Blackhorse allegedly attempted to engage in a sexual act with a minor victim, identified in the indictment as John Doe.
Jane Doe and John Doe are enrolled members of the Navajo Nation and the alleged offenses occurred on the Navajo Nation.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Blackhorse faces a minimum of 30 years and up to life in prison.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant United States Attorney Mark Pfizenmayer is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
# # #
Federal Jury Convicts Omaha Man of Drug and Firearms OffensesRead the Press Release
Acting United States Attorney Steven Russell announced that on September 30, 2022, a federal jury in the District of Nebraska found Prince L. Spellman, 39, of Omaha, guilty of possession with intent to distribute fentanyl, cocaine, or phencyclidine (PCP), possessing a firearm in furtherance of a drug trafficking crime, and felon in possession of a firearm. United States District Judge Brian C. Buescher presided over the jury trial and will sentence Spellman on January 4, 2023.
On the evening of March 8, 2021, Omaha police officers responded to a ShotSpotter alert in the area of 2877 Fort Street in Omaha. The officers observed a silver Jeep Cherokee in the area which appeared to be consistent with 911 callers’ descriptions of a suspect vehicle involved in the shots fired incident. The officers followed the Jeep and obtained the license plate number and registration information but did not have sufficient information to stop it at that time. Thereafter, they returned to the area of 5628 N. 29th Street, where they obtained additional information from witnesses and collected 9mm bullet casings from the street. The witnesses’ information regarding the suspect vehicle confirmed that the Jeep Cherokee they observed earlier was, in fact, the correct suspect vehicle.
On the following day, March 9, 2021, at about 9:00 p.m., an Omaha Police Department gang unit detective was on patrol in an unmarked police vehicle near 40th Street and Bedford Avenue and observed the suspect vehicle traveling northbound. The detective recalled the description of the suspect vehicle and the license plate number from the prior evening when the shots fired incident occurred. The detective requested assistance from marked units to stop the suspect Jeep Cherokee, which was accomplished at a McDonald’s restaurant in the area of 30th and Taylor Streets. Three occupants were ordered from the Jeep. In plain view, on the floorboard behind the driver’s seat, officers observed a pink and black Tanfoglio Witness P-Compact 9mm handgun.
Spellman was the driver of the Jeep and was searched. Officers located a vial of brown liquid in Spellman’s groin that was later determined to contain PCP. Officers also recovered a bag containing approximately 55 grams of white powder, later confirmed as cocaine through lab testing. Lastly, officers found a bottle containing 100 blue pills stamped "M”, which were later determined to contain fentanyl. Spellman, who has an extensive record of felony convictions, was arrested. His prior felony convictions include Possession of a Controlled Substance, Criminal Impersonation (False Information), Strangulation, all in the District Court of Douglas County, Nebraska, and a prior conviction for Felon in Possession of a Firearm in the U.S. District Court for the District of Nebraska.
Employees of the Omaha Police Department later examined the firearm recovered from the Jeep and casings recovered on March 8, 2021 and determined that the firearm found in the Jeep was the same firearm used during the shots fired call requiring the police response on the evening of March 8, 2021.
This case was investigated by the Omaha Police Department with assistance from the Bureau of Alcohol, Tobacco, and Firearms. The University of Nebraska Medical Center provided laboratory services for the investigation.
Federal Court Orders West-Palm Beach Tax Preparer to Pay Contempt Sanction for Violating Permanent InjunctionRead the Press Release
A federal court in the Southern District of Florida has ordered a return preparer operating in the West Palm Beach area to pay $213,500 in fees he received for preparing tax returns in violation of a permanent injunction that barred him from filing, preparing, or helping to prepare federal tax returns for others.
The United States sued Nate E. Dameus, doing business as Mobile Tax Express Services, in May 2021. The Government’s complaint alleged that Dameus prepared returns for customers that fraudulently understated the tax those customers owed and/or overstated the refund to which they were entitled. The complaint alleged, for example, that Dameus prepared returns with fabricated tax withholdings and bogus claims for unreimbursed employee business expenses like car mileage, tools, cell phone services and meals. In addition, the complaint alleged that Dameus routinely falsified home improvement expenses on his customers’ returns to claim residential energy credits his customers were not entitled to receive. With Dameus’ consent, the court issued an injunction in September 2021 that permanently barred him from preparing tax returns for others.
The United States filed a motion on July 26, 2022, asking the court to hold Dameus in contempt for violating that injunction. According to the motion, Dameus used the Preparer Tax Identification Number assigned to his cousin, Fedson Dameus, to covertly prepare at least 305 tax returns for customers in 2022 in violation of the injunction. The motion also alleged that at least some of those returns reported fictitious business and “other income” losses, and false employer credits for paid family and medical leave. Before the scheduled hearing on the motion, Dameus stipulated that the United States could prove that those facts by clear and convincing evidence consented to an order finding him in contempt for continuing to prepare returns in violation of the injunction and agreed to pay $213,500. The court entered the order holding Dameus in contempt on Sept. 29, 2022. In addition to ordering Dameus to surrender ill-gotten fees, the court ordered him to reimburse the government for the costs incurred to investigate his violations and enforce the injunction.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Farrell Man Sentenced to 10 Years in Prison for Role in Drug Trafficking OrganizationRead the Press Release
PITTSBURGH – A resident of Farrell, Pennsylvania, pleaded guilty in federal court to conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine and was sentenced to 120 months’ imprisonment followed by 8 years of supervised release, United States Attorney Cindy K. Chung announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Michael Talbert, 43.
In connection with the guilty plea and sentencing, the court was advised that the Drug Enforcement Administration (DEA) began investigating a cocaine and fentanyl trafficking organization that operated throughout the United States, including Florida, Ohio, Pennsylvania, and Puerto Rico. Beginning in December of 2019 and continuing through August of 2020, the DEA received authorization to conduct a Title III wiretap investigation into the organization. Talbert, as a member of this multistate drug trafficking organization, was intercepted discussing the distribution of cocaine throughout the Western District of Pennsylvania. In addition to the intercepted communications, agents seized cocaine, heroin, fentanyl, methamphetamine, ecstasy, marijuana, firearms, and bulk United States Currency from members of the organization, including Talbert.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
United States Attorney Chung commended the DEA in Pittsburgh, PA; the DEA, Columbus, OH; the DEA, Harrisburg, PA; Homeland Security Investigations (HSI), Pittsburgh, PA; HSI, Orlando, FL; Internal Revenue Service-Criminal Investigations; United States Postal Service, Columbus, Ohio; Pennsylvania Office of Attorney General; Lawrence County Drug Task Force – Special Investigations Unit; and New Castle Police Department for the investigation leading to the successful prosecution of Talbert.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Erie Man Sentenced to 5 Years for Receiving Sexual Images of MinorsRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in prison, 10 years supervised release and ordered to pay $37,000 in restitution on his conviction of violating federal laws relating to the sexual exploitation of children, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge David S. Cercone imposed the sentence on David Lyons, 29.
According to information presented to the court, from January 2019 to March 2020, Lyons received digital images depicting prepubescent minors engaging in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Lyons.
Elk Grove and Las Vegas Residents Plead Guilty to Conspiring to Violate the U.S. Trade Embargo on IranRead the Press Release
SACRAMENTO, Calif. — Richard Lant, 77, of Las Vegas, Nevada, pleaded guilty today to a conspiracy to export to an embargoed country, Iran, U.S. Attorney Phillip A. Talbert announced. On Sept. 19, 2022, Dariush Niknia, 59, of Elk Grove, entered a guilty plea to the same charge.
According to court documents, between May and October 2015, Niknia, Lant and others conspired to unlawfully sell and supply 500 Russian-made tank helmets to Niknia’s contact in Tehran, Iran. The helmets were to be configured for a Russian-produced T-72S battle tank and were required to have a five-pin plug, a feature that is necessary to enable a tank communication device.
In May 2015, Niknia contacted Lant, who operated R&L Ltd., a company that sold Russian items, and requested to purchase 500 T-72S tank helmets and to have the helmets shipped to Tehran. Niknia initially paid R&L monies to purchase sample tank helmets and to have the helmets sent from Russia to Iran. Prior to the shipment of the first sample helmet both Lant and Niknia were told that the United States’ sanctions prohibited the shipment of items to Iran, but both proceeded with the transaction.
Niknia’s customer rejected the first sample helmet because it did not have a rectangular five-pin plug, but approved the second sample tank helmet that was sent to Tehran. In an email communication with Niknia, Niknia’s Iranian contact discussed the fact that the helmets would be inspected by the ultimate buyer, the “GOI” or Government of Iran. Niknia then requested additional helmets be sent to Tehran, 50 at a time, and paid Lant money for the purchase and shipment of the first 50 helmets. However, the deal ultimately fell apart before additional helmets were sent because Lant’s associate could not obtain and ship the tank helmets in the quantities and timeframe Niknia required. The Russian supplier said the difficulties stemmed from the fact that it was illegal to both sell large quantities of tank helmets and to send modern military items to countries such as Iran that might use them in “terroristic or any war ways.”
In May 2015, prior to contacting Lant, Niknia attempted to purchase battle tank helmets from another individual who sold Russian military memorabilia online. This individual did not sell Niknia any helmets and instead reported him to the Federal Bureau of Investigation.
The embargo on Iran, which is enforced through the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations, prohibits the export, sale, and supply of goods to Iran by United States persons with very limited exceptions. It also prohibits, with very limited exceptions, United States persons from engaging in any transaction or dealing related to the sale or supply of goods to Iran.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Shelley D. Weger is prosecuting the case with assistance from Trial Attorney Scott Claffee of the Counterintelligence and Export Control Section of the National Security Division.
Niknia and Lant are scheduled to be sentenced by U.S. District Judge Kimberley J. Mueller on Dec. 5, 2022, and Jan. 9, 2023 respectively. Both face a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Dubuque Man Sentenced for Possessing a Firearm as a FelonRead the Press Release
A man who possessed a firearm as a felon was sentenced today to almost two years in federal prison.
Tremaine Laron Moore, Jr., age 22, from Dubuque, Iowa, received the prison term after an April 1, 2022, guilty plea to one count of possession of a firearm by a felon.
At the guilty plea, Moore admitted that, on December 4, 2021, he knowingly possessed a firearm, a Glock 43 9mm handgun, as a prohibited person. Dubuque Police officers found the loaded firearm tucked between the passenger seat and center console of the car Moore was driving following a traffic stop. Moore was prohibited from possessing a firearm because he was previously convicted on July 23, 2018, of Criminal Gang Participation, Conspiracy to Commit a Nonforcible Felony, and Burglary in the Third Degree, all felonies. He was also prohibited from possessing a firearm because he was (1) an unlawful user of marijuana, and (2) subject to a court order restraining him from harassing, stalking, or threatening an intimate partner.
Moore was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Moore was sentenced to 21 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Moore is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and was investigated by the Dubuque Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-1007.
Follow us on Twitter @USAO_NDIA.
Corinth Man Sentenced to 6 Years for Unlawfully Possessing FirearmRead the Press Release
BANGOR, Maine: A Corinth man was sentenced today in U.S. District Court in Bangor for being a felon in possession of a firearm, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Francis Cahill, aka Bruce Cossett, 73, to six years in prison and three years of supervised release. Cahill pleaded guilty on March 31, 2022.
According to court records, the FBI and Denton (Texas) Police Department were tasked with finding Cahill and learned that he may have moved to Maine. The Maine State Police were asked to assist, and he was subsequently located and arrested at his residence in Corinth. During an interview with law enforcement, Cahill admitted that there were two firearms in his residence, and a search uncovered a .22 caliber rifle and a 12-gauge shotgun. He is prohibited from possessing firearms due to a 1978 murder conviction in Texas.
The Bureau of Alcohol, Tobacco and Firearms; Maine State Police and Denton Police Department investigated the case. The U.S. Attorney also extends a special thanks to the Penobscot County District Attorney’s Office for their assistance on the case.
Project Safe Neighborhoods: This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. To learn more information about Project Safe Neighborhood, visit www.justice.gov/psn.
# # #
Cherokee Man Is Sentenced to 14 Years for Second Degree Murder in Indian CountryRead the Press Release
ASHEVILLE, N.C. – A Cherokee, N.C. man convicted of second degree murder was sentenced to 168 months in prison today, announced Dena J. King, U.S. Attorney for the Western District of North Carolina. Yalegwo Ki Sadongei, 21, an enrolled member of the Eastern Band of Cherokee Indians, was also ordered to serve five years of supervised release after he completes his prison term.
Michael C. Scherck, Acting Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Carla Neadeau of the Cherokee Indian Police Department join U.S. Attorney King in making today’s announcement.
According to filed court records and court proceedings, on December 13, 2019, Sadongei and the victim were at the residence of a family member of the victim, located on the Qualla Boundary within Indian Country. Over the course of the evening, Sadongei and the victim argued before Sadongei shot the victim in the chest and the victim died as a result of the gunshot wound. Court records show that, after shooting the victim, Sadongei fled the scene, then visited the home of another member of the victim’s family to explain his version of what happened. On the way, he attempted to dispose of the firearm. Law enforcement later recovered the firearm Sadongei used to shoot the victim, a Hi-Point 9mm handgun, and a magazine.
Sadongei is in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement U.S. Attorney King thanked the FBI and the Cherokee Indian Police Department for their investigation of the case.
Assistant U.S. Attorney John Pritchard of the U.S. Attorney’s Office in Asheville prosecuted the case.
Buffalo Man Pleads Guilty to Being A Felon in Possession of A FirearmRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. — U.S. Attorney Trini E. Ross announced today that Kaylen Edwards, 24, of Buffalo, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that on November 7, 2020, Edwards was identified on social media flashing a black and silver handgun and wearing a distinct black and red jacket inside a limousine bus. Later that day, law enforcement sent a photo of the social media post to Cheektowaga Police Officers responding to Pinehurst Avenue, where a limousine bus party was being let out, following a report of disorderly persons. Officers observed Edwards getting into the front passenger seat of a vehicle with Georgia license plates and leave the area. The officers then observed the vehicle in violation of multiple vehicle and traffic infractions and conducted a traffic stop. The officers observed a marijuana cigar end in the center console area and immediately detected the odor of burnt marijuana emanating from the vehicle. Officers identified Edwards as the passenger, and he was detained. During a pat frisk, an officer felt and observed a handgun in Edwards’ side waist band, which was loaded with a magazine containing seven .45 caliber rounds and one .45 caliber round in the chamber. In November 2017, Edwards was convicted of Attempted Criminal Possession of a Weapon in New York State Court and is legally prohibited from possessing a firearm.
The plea is the result of an investigation by the Cheektowaga Police Department, under the direction of Chief Brian Gould, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
Sentencing is scheduled for February 6, 2023, before Judge Vilardo.
# # # #
Browning man admits stealing grizzly bear necklace, moccasins, eagle feathers from museum on Blackfeet Indian ReservationRead the Press Release
GREAT FALLS — A Browning man today admitted to stealing culturally significant artifacts, including a grizzly bear necklace, moccasins and golden eagle feathers, from the Museum of the Plains Indian on the Blackfeet Indian Reservation, U.S. Attorney Jesse Laslovich said.
Preston Jay Spotted Eagle, 31, pleaded guilty to theft of government property. Spotted Eagle faces a maximum of 10 years in prison, a $250,000 fine and at least five years to life of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris will determine any sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Sentencing was set for Feb. 8, 2023. Spotted Eagle was released pending further proceedings.
The government alleged in court documents that the thefts occurred between May and August 2021 from the Museum of the Plains Indian, in Browning, where Spotted Eagle was employed as an aid. The Indian Arts and Crafts Board, with the U.S. Department of the Interior, run the museum. In August 2021, the curator noticed that a bear claw necklace was missing from the displays. An investigation conducted by the U.S. Fish and Wildlife Service identified Spotted Eagle as the thief.
The government alleged that the first piece found to be missing was a grizzly bear necklace from one of the historic gallery displays. The curator assumed Spotted Eagle had removed it because she had given him an inventory assignment. When asked about the necklace, Spotted Eagle told the curator he had no idea who took it or what happened to it. A review of security system video ultimately led to Spotted Eagle. When confronted again about the necklace, Spotted Eagle said he thought he was the one who took it out of the display because the necklace had fallen. Spotted Eagle told the curator that nobody else needed to review the video and that he could guarantee the necklace was still in the museum. That afternoon, Spotted Eagle said he found the necklace under some papers in a collection room. The next day, the curator asked Spotted Eagle to show her the necklace and she noticed that was heavily damaged.
In addition, the government further alleged, the museum conducted an inventory to identify any other missing items. In addition to bear claws that were missing from the damaged necklace, four loose bear claws were taken from a collection room drawer. A pair of moccasins and 26 golden eagle feathers from a war bonnet also were taken. The investigation further determined that Spotted Eagle removed artifacts, photographed them with his cell phone and tried on historic clothing item, some of which were very old and delicate. Spotted Eagle also rummaged through many sacred bundles.
An appraisal of the damage to the grizzly bear necklace resulted in a $1,200 loss of value. The market value of the moccasins and four claws together was $1,150 and the replacement value was $2,150. The eagle feathers do not have a fair market value because the trade is illegal, but the valuation of the missing eagle feathers could be $7,800, based on a forfeiture collateral schedule. The damage to the war bonnet has not been calculated for the same reason as the eagle feathers. The government alleged that it was impossible to put a monetary amount on the items, which are unique and culturally significant to the Blackfeet Tribe.
The U.S. Attorney’s Office is prosecuting the case, which was investigated by the U.S. Fish and Wildlife Service.
XXX
Bridgeville Man Sentenced to over 19 Years in Prison for Soliciting Child PornographyRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that a Bridgeville man was sentenced on Wednesday, September 28, 2022, to 235 months in prison for attempting to get pornographic photographs from a minor. Following his time in prison, he will spend ten years on federal supervised release. U.S. District Judge Maryellen Noreika pronounced the sentence.
According to court documents, Frank R. Bucklew, 57, spoke through a dating application with an undercover police officer who he believed to be a 14-year-old girl. He had detailed sexual discussions with her and repeatedly asked that she send him pornographic images of herself. Mr. Bucklew is a registered sex offender following a conviction for a sex offense in a Baltimore, Maryland state court in 2000.
U.S. Attorney Weiss stated, “Soliciting pornographic photos from a minor is child abuse. My office, in partnership with our law enforcement partners, will continue to use all available resources to identify and prosecute individuals who chose to victimize our children.”
“One of our top priorities at Homeland Security Investigations is the apprehension of those who prey upon vulnerable children,” said William S. Walker, Special Agent in Charge for Homeland Security Investigations’ Philadelphia Field Office. “Partnerships are key to these efforts. This case highlights the impact investigators and prosecutors can make when working closely together to rid our communities of child predators.”
This case was investigated by Homeland Security Investigations – Philadelphia Division and was prosecuted by Assistant U.S. Attorneys Graham L. Robinson and Ruth Mandelbaum.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 21-CR-20-MN.