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3 October 2022
Brevard, N.C. Woman Is Sentenced to 15 Years on Drug ChargesRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Max Cogburn sentenced today Victoria Kerrigan Irby, 26, of Brevard, North Carolina, to 15 years in federal prison for trafficking narcotics, including fentanyl that resulted in an overdose death, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Robert J. Murphy, Special Agent in Charge of the Atlanta Field Division of the Drug Enforcement Administration (DEA), which oversees the Asheville Post of Duty, and Chief David Zack of the Asheville Police Department join U.S. Attorney King in making today’s announcement.
According to filed court documents and today’s sentencing hearing, between January 2018 and June 2019, Irby was involved in the distribution of narcotics in and around Buncombe County. Court records show that Irby was trafficking various types of narcotics but primarily engaged in the distribution of fentanyl. According to court documents, Irby distributed pure or uncut fentanyl knowing that it was causing her customers to overdose. As discussed in court today, Irby had to revive multiple customers that had overdosed on fentanyl she was distributing. On May 23, 2019, Irby sold fentanyl to a victim identifed in court documents as D.F., which resulted in the victim’s overdose death. Irby continued to sell fentanyl even after the victim’s overdose death.
On April 4, 2022, Irby pleaded guilty to possession with intent to distribute a quantity of heroin, a quantity of marijuana, a quantity of fentanyl, a quantity of methamphetamine, and a quantity of buprenorphine, and distribution of a quantity of heroin, a quantity of marijuana, a quantity of fentanyl, a quantity of methamphetamine, and a quantity of buprenorphine. As part of her plea, Irby also admitted to knowingly and intentionally distributing a mixture or substance that contained fentanyl to D.F. on May 23, 2019, and that D.F.’s death resulted from his use of the fentanyl supplied by Irby.
In imposing Irby’s 15-year prison sentence, Judge Cogburn stated that Irby’s conduct of continuing to sell fentanyl she knew was causing her customers to overdose and her continuing to sell fentanyl even after the fentanyl death occurred was particularly troubling.
Irby is currently in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
The DEA in Asheville and the Asheville Police Department handled the investigation.
Assistant U.S. Attorney Thomas Kent, of the U.S. Attorney’s Office in Asheville, prosecuted the case.
Box Elder man admits domestic abuse of victim on Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS — A Box Elder man suspected of strangling and assaulting a woman on the Rocky Boy’s Indian Reservation admitted today to domestic assault by habitual offender, U.S. Attorney Jesse Laslovich said.
Clay Bad Hawk, 25, pleaded guilty to domestic abuse by habitual offender. Bad Hawk faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Feb. 9, 2023. Bad Hawk was detained pending further proceedings.
In court documents, the government alleged that in December 2021, Bad Hawk punched, slapped, kicked and strangled the victim, identified as Jane Doe, who was in a relationship with him, in Box Elder. Officers responded to a call of an assault and found the victim hiding under a porch. The victim was transported to a hospital for treatment of injuries. The victim told law enforcement she thought she was going to die, and that Bad Hawk had assaulted her before. Bad Hawk has two prior domestic violence convictions from tribal court.
The U.S. Attorney’s Office is prosecuting the case, which was investigated by the FBI, Chippewa Cree Law Enforcement and Rocky Boy’s Police Department.
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Boston Man Sentenced to More Than Six Years in Prison for Firearm OffenseRead the Press Release
BOSTON – A Boston man was sentenced today for being a felon in possession of a firearm and ammunition.
Anton Rise, 40, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 79 months in prison and three years of supervised release. In March 2019, Rise pleaded guilty to one count of being a felon in possession of a firearm and ammunition.
According to court filings, in the early morning of March 4, 2017, Rise was arrested with a firearm loaded with 15 rounds of ammunition tucked in his waistband shortly after he left a nightclub in Boston.
Due to prior felony convictions, Rise is prohibited from possessing firearms and ammunition.
United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner Michael Cox made the announcement.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Bakersfield Man Sentenced to 20 Years in Prison for Receiving Child PornographyRead the Press Release
FRESNO, Calif. — John Perry, 64, of Bakersfield, was sentenced today to 20 years in prison for receiving child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in February 2020, Perry was found to have received on a cellphone, as well as on the internet through both the use of an email account as well as cloud data storage, over 1,000 image files depicting minors suffering various acts of sexual abuse. Many of the images depicted prepubescent minors and Perry likewise engaged in a pattern of activity involving the sexual abuse of minors. Perry had prior convictions in the states of Washington and California for committing crimes, including rape of a child, communicating with minors for immoral purposes, and possession of child pornography.
This case was the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Brian W. Enos prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Baker Woman Sentenced to Federal Prison for Wire Fraud and Making False Statements in Connection with CARES Act COVID-19 Pandemic AssistanceRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. Chief Judge Shelly D. Dick sentenced Chanda Hall, age 44, of Baker, Louisiana, to 26 months in federal prison following her convictions for wire fraud and making false statements. Upon release from imprisonment, Hall will serve two years of supervised release. The Court further sentenced Hall to pay a $5,000 fine, $25,000 in restitution to the U.S. Small Business Administration (SBA), and a $25,000 money judgment to the United States.
According to facts presented at trial, the SBA is an agency of the United States government that provides support to entrepreneurs and small businesses. The CARES Act is a federal law enacted in or around March 2020 to provide emergency financial assistance to the millions of Americans who were suffering the economic effects caused by the COVID-19 pandemic. Among other relief, the CARES Act expanded the Economic Injury Disaster Loan (EIDL) program, which provides loans for small businesses and other eligible entities.
In May 2020, Hall submitted her first EIDL application. Although she submitted the application in the name of a company that she had formed in 2010, the company’s registration with the Louisiana Secretary of State had been revoked in 2015, and at the time Hall submitted this application, the company had not been reinstated, and it had no bank account. On June 16, 2020, the SBA denied the application.
The very next day, on June 17, 2020, Hall submitted another application, in the name of a purported non-profit corporation, First Home Foundation (“First Home”), that she had formed earlier that year. Hall signed the application and certified that all of the information provided was true. In the application, among other statements, Hall stated that: (a) First Home had been established in 2017; (b) as of January 31, 2020, First Home had five employees; (c) First Home’s gross revenues in 2019 were $60,000; and (d) First Home’s cost of goods sold for the same twelve-month period was $30,000. When asked whether she had been convicted of or pled guilty to a felony within the last five years, Hall claimed that she had not.
As Hall knew at the time, all of the above statements were false. As the United States proved at trial, First Home did not have the revenues or expenses that Hall had claimed in her application, and Hall had misrepresented her criminal history, which included a recent felony conviction. Moreover, as the United States proved at trial, Hall was given multiple opportunities to withdraw the application or explain that she had misunderstood the application process, and she repeatedly provided false information and lied to those charged with investigating her application.
Hall was convicted after a June 2022 trial, and at the sentencing, the Court specifically found that she had obstructed justice in the investigation and prosecution of the case, including by providing false testimony at the trial.
This matter was investigated by the Treasury Inspector General for Tax Administration, the Federal Bureau of Investigation, and the Small Business Administration-Office of Inspector General, and was prosecuted by Assistant United States Attorneys Alan A. Stevens, who also serves as Senior Litigation Counsel, and Caroline B. Gardner.
Amarillo Man Charged with Threats Against Law Enforcement, Racial and Ethnic GroupsRead the Press Release
An Amarillo man who allegedly threatened law enforcement, government officials, and a number of racial and ethnic groups on social media has been charged in federal court, announced U.S Attorney for the Northern District of Texas Chad E. Meacham.
Everett Wayne “Rhett” Copelin III, 40, was charged via criminal complaint with interstate threats and threatening a federal officer. He was arrested without incident in Amarillo on Sept. 29 and made his initial appearance before U.S. Magistrate Judge Lee Ann Reno this afternoon. Agents recovered a 9mm pistol and three loaded magazines in his vehicle.
According to the complaint, Mr. Copelin posted numerous threats on Gab, a social media platform.
On Aug. 31, under the display name “Alpha Top Dog Pure Blood,” Mr. Copelin allegedly threatened to go “kamikaze” against “white law enforcement.” The post was flagged to the FBI’s National Threat Operations Center on Sept. 4.
A review of his Gab account revealed a history of posts threatening various targets, including police officers, government officials, Black people, immigrants, Jews, and others:
- On Aug. 21, he allegedly threatened to kill young black men in relationships with white women.
- On Aug. 22, he allegedly threatened to “blow up” IRS agents.
- On Sept. 5, he allegedly threatened to shoot police officers.
- On Sept. 8, he allegedly claimed he would “go down to the border … and start shooting invaders,” and allegedly added that he would “blow the FEDS away too.”
- Later the same day, he allegedly threatened to kill Jews in the government and law enforcement.
- On Sept. 14, he allegedly threatened to shoot Mexicans, who he felt “shouldn’t even be here.”
- On Sept. 25, he allegedly threatened to hang supporters of a Texas gubernatorial candidate.
According to the complaint, Mr. Copelin posted online a call for “all strong abled white alpha men with sniper rifles” to enforce the law, “because the government is corrupt.” Agents observed photos of guns and bladed weapons on the “Alpha Top Dog Pure Blood” account.
A criminal complaint is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Copelin is presumed innocent unless and until proven guilty in a court of law.
If convicted, he faces up to 15 years in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and any other statutory factors.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation with the assistance of the Texas Department of Public Safety, the Amarillo Police Department, and the Randall County Sheriff’s Office. Assistant U.S. Attorneys Jeff Haag and Josh Frausto are prosecuting the case with Trial Attorney Jacob Warren of the Justice Department’s National Security Division.
Ada Resident Pleads Guilty to Aggravated Sexual Abuse and Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Ryan Christopher Dill, age 35, of Ada, Oklahoma, entered guilty pleas to Count One: Aggravated Sexual Abuse in Indian Country and Count Three: Assault Resulting in Serious Bodily Injury in Indian Country of the federal indictment.
The indictment alleged that on or about December 25, 2021, the defendant sexually assaulted a victim using force and by placing the victim in fear she would be subjected to death, serious bodily injury, or kidnapping. The indictment further alleged that the defendant assaulted the victim causing her serious bodily injury.
The charges arose from an investigation by the Ada Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the pleas and ordered the completion of a presentence investigation report. Sentencing by the United States District Judge will be scheduled following completion of the report. Dill was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Anthony C. Marek and Caila M. Cleary represented the United States.
8-Time Felon Sentenced to 20 Years in Federal Prison for Drug Trafficking and Firearms ChargesRead the Press Release
INDIANAPOLIS – Arthur Miles, 48 of Indianapolis, was sentenced to 20 years in federal prison after being convicted of possession with the intent to distribute methamphetamine, possession with the intent to distribute cocaine, and being a felon in possession of firearms, following a three-day jury trial.
According to court documents, on May 1, 2021, Miles was arrested in Indianapolis when a police officer executed a search warrant at his residence, where they found over 275 grams of methamphetamine, approximately 124 grams of cocaine, over 12,000 pills containing methamphetamine, $10,800 in U.S. currency and two firearms.
Miles has an extensive criminal history. Since 1992, Miles has been convicted of eight felonies and nine misdemeanors, including a misdemeanor committed while on parole for another offense. Miles was previously convicted of felonies including dealing cocaine and marijuana, resisting law enforcement, and firearms offenses. Following his May 1, 2021, arrest in this case, Miles was released from federal custody pending trial subject to conditions ordered by the court. While on pretrial release, Miles was again arrested and charged in federal court with possession with intent to distribute methamphetamine and commission of a felony while on pretrial release.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office, made the announcement.
The Drug Enforcement Administration and the Indianapolis Metropolitan Police Department investigated the case. Sentence was imposed by U.S. District Chief Judge Tanya Walton Pratt. As part of the sentence, Judge Pratt ordered that Miles be supervised by the U.S. Probation Office for five years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorneys Pamela S. Domash and Peter Blackett who prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
1 October 2022
Federal Jury Convicts Fort Towson Resident of Voluntary ManslaughterRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma, announced today that Shonda Lynette Johnson, age 51, of Fort Towson, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter.
The jury trial began with testimony on Tuesday, September 27, 2022 and concluded on Thursday, September 29, 2022 with the guilty verdict.
During the trial, the United States presented evidence that on November 17, 2019, Shonda Johnson stabbed the victim Jamie Williams with a filet knife causing him to die. When questioned by law enforcement, the Defendant lied on numerous occasions claiming she was not involved in the death of Mr. Williams.
The guilty verdict was the result of an investigation by the Choctaw County Sheriff's Office, the Oklahoma State Bureau of Investigation, and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Choctaw County, within the boundaries of the Choctaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Johnson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys Jordan Howanitz and Kevin Cheung represented the United States.
30 September 2022
Woman Arrested with 36 Kilograms of Fentanyl PillsRead the Press Release
PHOENIX, Ariz. – Maria Fernanda Granillo-Velazquez, 21, of Mexico, was charged on August 19, 2022, by criminal complaint for Possession with Intent to Distribute Fentanyl. Granillo-Velazquez had her initial appearance on August 22, 2022, before United States Magistrate Judge Michael T. Morrissey. The case is set for trial on November 1, 2022, before United States District Judge John J. Tuchi.
The complaint alleges that, on August 18, 2022, members of the Phoenix DEA East Valley Drug Enforcement Task Force were contacted by the Pinal County Sheriff’s Office (PCSO) regarding a traffic stop of a vehicle on Interstate 10 in Pinal County, Arizona. The sole occupant of the vehicle was Granillo-Velazquez. During the traffic stop, a canine trained in detecting narcotics alerted to the presence of narcotics coming from the vehicle.
PCSO deputies searched the vehicle and discovered a concealed compartment in the floorboard underneath the rear seats. The concealed compartment contained approximately 21 packages containing blue pills stamped M30.
Investigators seized approximately 36.75 kilograms (approximately 360,000 pills) from the vehicle. The Chandler Police Department laboratory confirmed a sample of the M30 pills contained fentanyl.
A conviction for possessing with the intent to distribute 400 grams or more of fentanyl carries a mandatory minimum sentence of 10 years in prison and a maximum term of life in prison.
A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Phoenix DEA East Valley Drug Enforcement Task Force and the Pinal County Sheriff’s Office are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-22-01131-PHX-JJT
RELEASE NUMBER: 2022-166_Granillo-Velasquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Wisconsin Man Sentenced to 20 Years in Prison for Sex Trafficking of an Adult and a MinorRead the Press Release
A federal judge in the Western District of Wisconsin sentenced Cory Hereford, 51, to 20 years in prison for sex trafficking and related charges. Hereford was convicted after a four-day trial in February 2022 of sex trafficking, conspiracy to commit sex trafficking, maintaining a property for the purposes of distributing and using controlled substances and of having committed sex trafficking of a minor while being a person previously convicted of a crime that required registering as a sex offender. The court additionally imposed 20 years of supervised release.
The government presented evidence at trial that Hereford conspired with co-defendant, Tonyiel Partee of Janesville, Wisconsin, to recruit an adult victim struggling with drug addiction, to engage in commercial sex. He also enticed a minor victim, who was 16 years old at the time, with access to drugs. In some instances, he threatened to withhold the heroin to induce withdrawal sickness as a means of compelling the victims to engage in prostitution for his profit.
“This defendant preyed on vulnerable young women, and he cruelly exploited their addictions for his own profit,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This conviction shows that the Civil Rights Division is committed to seeking justice for survivors of sex trafficking. We will work tirelessly to hold traffickers accountable for these heinous crimes that erode the safety of our communities.”
“Hereford exploited young and vulnerable women, leveraging drug addiction to force them into prostitution,” said U.S. Attorney Timothy M. O’Shea for the Western District of Wisconsin. “My office is committed to working with our law enforcement partners to hold such predators accountable for their crimes.”
“Human trafficking investigations are complex, time consuming and dependent upon earning the trust of our victims,” said Chief David Moore for the Janesville Police Department. “Janesville detectives worked countless hours to bring this case to prosecution. The Janesville Police Department respects the U.S. Attorney’s Office for their leadership, perseverance and dedication to the prosecution of the case. Finally, our victims are safe.”
The case was investigated by Janesville Police Department, with the assistance of Wisconsin Department of Justice, Division of Criminal Investigation and the Rock County Sheriff’s Office. Assistant U.S. Attorney Julie Pfluger for the Western District of Wisconsin and Trial Attorney Slava Kuperstein of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.
Willcox Man Sentenced for Threatening to Murder a Social Security Administration JudgeRead the Press Release
TUCSON, Ariz. – Jeffery Daniel Gladney, 55, of Willcox, Arizona, was sentenced Monday by United States District Judge John C. Hinderaker to time served, amounting to over 25 months in prison. Gladney previously pleaded guilty on June 29, 2022, to Threatening to Assault a Federal Employee.
During the early summer of 2020, Gladney left several messages on the voicemail of his attorney’s office, threatening the United States Social Security Administration Law Judge assigned to his case. In the voicemails, Gladney threatened to assault and kill the judge, demanding his benefits be approved immediately, and instructing the legal assistant to relay the messages to the judge.
Federal Protective Service of the U.S. Department of Homeland Security conducted the investigation in this case. Assistant U.S. Attorney Adam D. Rossi, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-20-02119-TUC-JCH
RELEASE NUMBER: 2022-168_Gladney# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
U.S. Attorney’s Office Promotes Elder Justice Initiative with Live Interactive Telephone Town HallRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania promotes the Department of Justice’s Elder Justice Initiative throughout the Middle District, announced U.S. Attorney Gerard M. Karam. On September 27, 2022, the Middle District partnered with the Federal Bureau of Investigation and AARP Pennsylvania to raise awareness and to educate older adults about the latest financial scams, so they do not fall victim. Approximately 4,000 seniors in the Middle District participated in the interactive telephone town hall as part of the Department of Justice’s Elder Justice Initiative.
Scammers are targeting seniors at an alarming rate. Statistics collected by the FBI’s Internet Crime Complaint Center show that victims of all ages lost approximately $6.9 billion dollars to fraud in 2021, with 92,371 victims over the age of 60 accounting for $1.68 billion of those losses. According to the same statistics, in Pennsylvania, over 17,200 people lost over $207 million dollars, putting Pennsylvania in the top ten states by number of victims.
“The elder fraud cases the FBI investigates are simply infuriating,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “Anyone who targets vulnerable older folks for their assets lacks both a heart and a moral compass. The FBI will continue working to shut down these types of schemes and to educate the elders of our community about common fraud red flags.”
“Report, report, report. That's a good lesson for everybody on the line,” AARP Pennsylvania Consumer Issues Task Force Chair Mary Bach told listeners. “If you think you're the victim of a scam, you should contact the proper authorities." She also noted AARP’s commitment to helping those who think they’ve been the victim of a scam. “Scam artists are out there looking for new ways to scam their next victims, but you can protect yourself … Visit AARP.org/FraudWatchNetwork or call the AARP Fraud Watch Help Line at 1-877-908-3360.”
The DOJ Elder Justice Initiative aims to combat elder financial exploitation by expanding efforts to investigate and prosecute financial scams that target seniors; educating older adults on how to identify scams and avoid getting ripped off by scammers; and promoting greater coordination with law enforcement partners.
Some examples of financial frauds targeting seniors discussed during the town hall were:
- Social Security impostor schemes: defraud victims by posing as Social Security Administration agent and claiming that there is an issue with the victims’ account;
- IRS impostor schemes: defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- Lottery phone scams: callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- Romance scams: lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- Grandparent scams: convince seniors that their grandchildren have been arrested and need bail money;
- Tech support scams: scammers offer assistance with viruses or malware they claim were detected on the victim’s computer; and
Below are some tips shared with participants during the town hall on how to avoid falling victim to a financial scam:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- Delete phishing emails and ignore harassing phone calls.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it sounds too good to be true, it’s likely a scam.
In case you missed the Telephone Town Hall, you can view the recording via audio stream Vekeo.
Attacking exploitation and fighting fraud are two priorities of the Middle District, and the U.S. Attorney’s Office is committed to aggressively pursuing individuals who engage in such acts. Some recent prosecutions include:
The Middle District of Pennsylvania prosecuted Itcace Abramovici, a 72-year-old citizen of Canada, for his leadership role in a Montreal-based telemarketing and money laundering organization that targeted elderly victims in the United States, including those living in central Pennsylvania. Abramovici and his co-conspirators informed prospective victims that they had won a substantial amount of money in a lottery or sweepstakes and then directed those victims to send money in order to obtain their winnings. The victims’ payments were falsely characterized as taxes, customs fees, processing fees, and legal and insurance fees. None of the victims received any money, and many of their losses were substantial, with more than $460,000 in victim losses being attributed to Abramovici’s role in the fraud, and with losses to victims of the broader fraud at more than $1.3 million. Abramovici received a sentence of 30 months’ imprisonment on May 9, 2022.
The Middle District also charged five New York men, Josiah DeJesus, age 20, Jashua Noboa-Nival, age 20, Yeurys Peguero-Rosario, age 22, Ramon Peguero-Rosario, age 19, and Nelson Rivas-Bello, age 27, for their participation in a “Grandparent” mail fraud scheme. The indictment alleged that defendants traveled from New York to various locations in Pennsylvania, including addresses in Luzerne and Lackawanna County, and picked up UPS and Fed Ex packages containing thousands of dollars in cash sent by elderly victims under the false pretense that their grandchildren had been arrested and were in immediate need of money. The victims sent the money after receiving fraudulent phone calls made by the named defendants’ co-conspirators, who posed either as the victims’ grandchildren or as a public defender representing the victims’ grandchildren.
All persons charged are presumed to be innocent unless and until found guilty in court.
If you think you have fallen victim to a scam or need assistance, you can contact the National Elder Fraud Hotline at 1-833-FRAUD-11 (1-833-372-8311), the Victim Connect Hotline at 1-855-4VICTIM (1-855-484-2846), the FBI Internet Complaint Center at www.ic3.gov. Elder fraud complaints may be filed with the FTC at ftccomplaintassistant.gov or at 1-877-FTC-HELP. You may also contact the AARP Fraud Watch Network free helpline at 1-877-908-3360 to report a scam.
For more information about the Elder Justice Initiative, please visit: https://www.justice.gov/elderjustice.
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U.S. Attorney for the Middle District of Alabama Announces New Public Reporting Procedure for Environmental Justice and Environmental CrimesRead the Press Release
Montgomery, Alabama – Today, United States Attorney Sandra J. Stewart announced new ways for individuals within the Middle District of Alabama to report environmental justice concerns to federal officials.
Members of the public who have concerns about environmental matters can now report them to the Department of Justice by sending an email to [email protected].
The U.S. Attorney’s Office is implementing this public reporting procedure under the Justice Department’s Comprehensive Environmental Justice Enforcement Strategy. This strategy is intended to provide “timely and effective remedies for systemic environmental violations,” while advancing environmental justice in underserved communities that have been historically marginalized and overburdened.
The new public reporting procedure seeks to complement other avenues for reporting environmental concerns to the federal government, such as the online portal maintained by the Environmental Protection Agency at https://echo.epa.gov/report-environmental-violations.
“Environmental justice and public health issues are priorities of the Department of Justice,” said U.S. Attorney Stewart. “My office is committed to ensuring safe living and working conditions for all. I encourage concerned individuals and organizations in our community to utilize the new reporting procedures so that federal agencies can better address environmental harms caused by violations of our laws and regulations.”
U.S. Attorney Josh Hurwit Announces New Reporting Method for Environmental Violations & Environmental Justice ConcernsRead the Press Release
Josh Hurwit, United States Attorney for the District of Idaho, announced today the creation of a new method for members of the public to report information about environmental violations and issues of environmental justice. U.S. Attorney Hurwit encourages residents to contact the U.S. Attorney’s Office at [email protected] when also contacting local, state, or federal agency hotlines or websites to report environmental health or safety concerns. The public is also welcome to contact the Office at (208) 334-1211.
Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
The Office is creating this public reporting method under the Department of Justice’s Comprehensive Environmental Justice Enforcement Strategy, which seeks to provide the same degree of protection from environmental and health hazards to all our citizens, and to ensure that everyone has equal access to a healthy environment in which to live, learn, play, and work.
“Idaho’s unique natural beauty and valuable natural resources bring us together and support Idaho’s incredible quality of life,” Hurwit explained. “The strength of our environment supports many important industries and activities that make Idaho so special, from ranching and farming to backpacking, hunting, and boating. Protecting our lands, our air, and our waters is an investment we must make for future generations.”
Notifying the U.S. Attorney’s Office about environmental justice concerns helps us protect the community from harmful violations of federal law. The Office’s public reporting procedures are in addition to other methods of reporting environmental concerns to the federal government, such as the online portal maintained by the Environmental Protection Agency (EPA), https://echo.epa.gov/report-environmental-violations. To learn more about Environmental Justice and reporting procedures, please visit https://www.justice.gov/usao-id/Environmental%20Justice.
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U.S. Attorney Designates Two Assistant U.S. Attorneys to Coordinate the Office’s Environmental Justice EffortsRead the Press Release
PITTSBURGH – United States Attorney Cindy Chung has named two Assistant U.S. Attorneys to oversee the office’s Environmental Justice work. Criminal Division AUSA Nicole Vasquez-Schmitt and Civil AUSA Jacqueline Brown are serving as the office’s Environmental Justice Coordinators to enhance and advance the office’s Environmental Justice efforts.
Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origins, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
“These designations will serve to enhance our longstanding commitment to vigorously enforce environmental laws, with a particular emphasis on minority and lower-income communities,” said U.S. Attorney Chung. “We will continue to protect western Pennsylvania’s vast natural resources while holding those who violate federal environmental laws accountable.”
The Office has established a procedure for members of the public to report Environmental Justice concerns. Citizens may call (412) 894-7551 or send an email to [email protected].
AUSAs Vasquez-Schmitt and Brown will coordinate with counterparts in the other 92 U.S. Attorney’s Offices, the Environment and Natural Resources Division of the Department of Justice, and the Environmental Protection Agency.
U.S. Attorney Avery Commits Office to Ensuring Environmental Justice for All Connecticut ResidentsRead the Press Release
New Haven, Conn. – Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today affirmed the U.S. Attorney’s Office’s commitment to ensure environmental justice for all Connecticut residents.
The U.S. Department of Justice’s comprehensive Environmental Justice Enforcement Strategy aims to ensure that all people, regardless of race, color, national origin, or income, receive fair treatment and meaningful involvement with respect to the development, implementation and enforcement of environmental laws, regulations and policies. In coordination with local, state, federal and tribal partners, as well as members of the community, the U.S. Attorney’s Office is identifying areas of environmental justice concern in Connecticut. The Office will use all available federal civil and criminal enforcement tools, including environmental protection laws, civil rights laws, the False Claims Act, and worker safety and consumer protection statutes, to advance environmental justice by seeking timely and effective remedies for injury to natural resources, and to correct systemic environmental violations and contaminations in underserved communities that have been historically marginalized and overburdened, including low-income communities and communities of color.
“The U.S. Attorney’s Office is committed to delivering justice to the residents of Connecticut who are disproportionately burdened by the health and economic impacts of environmental hazards,” said U.S. Attorney Avery. “Every resident of the State of Connecticut benefits from rigorous enforcement of federal environmental laws that safeguard a healthy environment.”
U.S. Attorney Vanessa Roberts Avery has appointed Assistant U.S. Attorney Anne F. Thidemann as the District of Connecticut’s Environmental Justice Coordinator, and encourages Connecticut residents to report environmental justice concerns to Assistant U.S. Attorney Thidemann at [email protected]. Environmental, health and safety concerns can also be reported to the following agencies:
- For concerns about air quality, climate change, chemicals and toxics, or health, land, waste, and cleanup, report the violation to the Environmental Protection Agency at https://echo.epa.gov/report-environmental-violations
- For concerns about workplace conditions such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 800-321-6742 or https://www.osha.gov/ords/osha7/eComplaintForm.html
- For concerns about the destruction of wetlands, contact your local district branch of the U.S. Army Corps of Engineers’ Office at 978-318-8338 or [email protected] (USACE, New England District)
- For concerns about discriminatory environmental and health impacts caused by recipients of federal funds, contact the U.S. Attorney’s Office for the District of Connecticut’s Civil Rights Unit at [email protected]
The U.S. Attorney’s Office is charged with enforcing federal criminal laws in Connecticut and representing the federal government in civil litigation. The District is composed of approximately 68 Assistant U.S. Attorneys and approximately 57 staff members at offices in New Haven, Hartford and Bridgeport.
Two Guatemalan Nationals Plead Guilty to Human Smuggling Conspiracy Resulting in 2021 Death of Migrant in Odessa, TexasRead the Press Release
On Thursday, Guatemalan nationals Armando Gael-Galicia aka Artemio Diego Andres Gonzalez and Luis Moreno-Gonzalez, 26, and Jose Diego Tercero-Gonzalez, 22, both of whom resided in Texas, pleaded guilty in federal court in the Western District of Texas to conspiracy to transport and harbor aliens for financial gain and resulting in death. At sentencing, each will face a statutory maximum penalty of life in prison.
In early May 2021, the body of a young indigenous Guatemalan woman was discovered in a remote area just outside of Odessa, Texas. On Aug. 23, 2021, Gael-Galicia and Tercero-Gonzalez were arrested in or near 910 Coyochic Avenue in Odessa, which was the location of the trailer where the victim was taken and died. Inside the trailer were additional migrants who had entered the country illegally, detailed ledgers, and more than 100 cell phones. Pursuant to their guilty pleas, the defendants admitted that they operated a prolific alien smuggling organization and were responsible for the transportation of the migrant who died.
This investigation is related to the recent indictment and arrests of Felipe Diego Alonzo aka Siete, 38; Nesly Norberto Martinez Gomez aka Canche, 37; Lopez Mateo Mateo aka Bud Light, 42; and Juan Gutierrez Castro aka Andres, 45; in Guatemala in August 2022. Those defendants allegedly conspired with other smugglers to facilitate the travel of large numbers of migrants from Guatemala through Mexico, and ultimately, to the United States, charging the migrants and their families approximately $10,000 to $12,000 for the perilous journey. In addition to prolific smuggling of migrants to the United States, the human smugglers targeted in the August 2022 operation are alleged to be responsible for the death of the same indigenous Guatemalan woman transported by Gael-Galicia and Tercero-Gonzalez. Guatemalan authorities arrested Diego Alonzo, Martinez Gomez, Mateo Mateo, and Gutierrez Castro pursuant to requests for their extradition by the United States.
“Joint Task Force Alpha (JTFA) was created to investigate and prosecute the international networks responsible for dangerous human smuggling activities that exploit and victimize migrants,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Through extensive coordination with our U.S. Attorney’s Office and law enforcement partners, yesterday’s guilty pleas emphasize JTFA’s comprehensive mission to leave no stone unturned in its efforts to hold accountable all those who treat human life like a commodity.”
“I am incredibly thankful for the collaborative law enforcement efforts that resulted in these guilty pleas,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “Not only are they indicative of joint efforts to hold callous human smugglers accountable but they also demonstrate our firm commitment to ensuring that all victims receive justice.”
"While this conviction is a significant win for law enforcement agencies and task force partners, it’s equally important to acknowledge the closure and semblance of justice it brings the family and friends of the victims," said Acting Executive Associate Director Steve Francis of Homeland Security Investigations (HSI). “Human smugglers who conspire to undermine federal laws for profit have no regard for human life and combating this horrific crime of exploitation is one of our agency’s top priorities. Rest assured, HSI special agents will continue to utilize their broad range of authority and international footprint to identify, investigate, and disrupt domestic and transnational criminal organizations engaged in human smuggling operations around the world.”
“Transnational criminal organizations put profit over human lives,” said CBP Deputy Commissioner Troy Miller. “CBP has dedicated significant time, effort, and resources to strike at the heart of this problem through joining initiatives like Joint Task Force Alpha. These partnerships are critical to disrupting the criminals who prey on vulnerable individuals.”
This investigation was coordinated under Joint Task Force Alpha (JTFA). JTFA was created by Attorney General Merrick B. Garland in June 2021 in partnership with the Department of Homeland Security (DHS) to strengthen the Department’s overall efforts to combat these crimes based on the rise in prolific and dangerous smuggling emanating from Central America and impacting our border communities. JTFA’s goal is to disrupt and dismantle those human smuggling and trafficking networks operating in El Salvador, Guatemala, Honduras, and Mexico, with a focus on networks that endanger, abuse, or exploit migrants, present national security risks, or engage in other types of transnational organized crime.
Since its creation, JTFA has successfully increased coordination and collaboration between the Justice Department, DHS, and other interagency law enforcement participants, and with foreign law enforcement partners, including El Salvador, Guatemala, Honduras, and Mexico; targeted those organizations who have the most impact on the United States, and coordinated significant smuggling indictments and extradition efforts in U.S. Attorney’s Offices across the country. To date, JTFA’s work with its partners has resulted in criminal charges and over a hundred domestic and international arrests, including against leaders, organizers, and significant facilitators of human smuggling activities; several dozen convictions; significant jail sentences imposed; and substantial asset forfeiture. JTFA is comprised of detailees from southwest border U.S. Attorney’s Offices, including the Southern District of Texas, the Western District of Texas, the District of New Mexico, the District of Arizona, and the Southern District of California, and dedicated support for the program is also provided by numerous components of the Criminal Division that are part of JTFA – led by the Human Rights and Special Prosecutions Section (HRSP), and supported by the Office of Prosecutorial Development, Assistance and Training (OPDAT), the Narcotic and Dangerous Drug Section (NDDS), the Money Laundering and Asset Recovery Section (MLARS), the Office of Enforcement Operations (OEO), the Justice Department’s Office of International Affairs (OIA), and the Organized Crime and Gang Section (OCGS). JTFA is made possible by substantial law enforcement investment from DHS, FBI, Drug Enforcement Administration (DEA), and other partners.
HSI Midland led U.S. investigative efforts, working in concert with HSI Guatemala and the HSI Human Smuggling Unit in Washington, D.C. HSI received substantial assistance from the U.S. Immigration and Customs (ICE)’s Enforcement and Removal Operations, U.S. Customs and Border Protection’s National Targeting Center/Operation Sentinel; the U.S. Border Patrol; the U.S. Marshals Service; the Odessa and Midland Police Departments; the Texas Department of Public Safety; and the Ector County, Midland County, and Crane County Sherriff’s Offices. The Department of Justice thanks Guatemalan law enforcement, who were instrumental in furthering this investigation.
The case is being handled by JTFA Co-Director James Hepburn of HRSP and Assistant U.S. Attorneys John Fedock and Jose Luis Acosta for the Western District of Texas and JTFA, with assistance from HRSP Historian/Latin America Specialist Joanna Crandall and Money Laundering and Asset Recovery Section Trial Attorney Daria Andryushchenko. The Justice Department’s Office of International Affairs and Office of Overseas Prosecutorial Development, Assistance and Training provided significant assistance.
The charges contained in an indictment are merely allegations. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Defendants Plead Guilty Resulting from Separate Investigations into Complex Wal-Mart Gift Card Schemes Involving Hundreds of Fraud VictimsRead the Press Release
ALBANY, Ga. – Two individuals pleaded guilty to federal wire fraud charges resulting from separate United States Secret Service (USSS) led investigations into larger Walmart gift card schemes involving hundreds of fraud victims from across the country.
Yao Lin, 51, of Ruther Glen, Virginia, and Wen Xue Lin, 39, of Philadelphia, Pennsylvania, each pleaded guilty to one count of wire fraud before U.S. District Judge Lawson on Sept. 29 and face a maximum of 20 years imprisonment to be followed by three years of supervised release and a $1,000,000 fine. Sentencings for the defendants will occur within 90 days as determined by the Court.
“Undoubtedly, the work of the United States Secret Service and our local partners prevented many more Americans from being victims in these vast gift card schemes,” said U.S. Attorney Peter D. Leary. “Fraudsters, both here and abroad, are relentless in their efforts to scam unsuspecting people. I hope this case reminds all of us to be alert to the growing number of financial scams out there, and report incidences of fraud to the authorities. Local police reports filed by victims assisted in this case.”
“These investigations clearly show how foreign actors pray on American victims. The international fraudsters operated numerous fraud schemes to convince American victims to purchase gift cards. The international actors utilized their foreign connections within the United States to ‘cash out’ the gift cards purchased by victims of fraud,” said Clint Bush, Resident Agent in Charge, United States Secret Service, Albany. “The strong relationship between the United States Secret Service and Walmart Global Investigations prevented additional victims in this fraud scheme. The United States Secret Service, along with our state, local and federal law enforcement partners will continue to investigate, arrest and support the successful prosecution of criminals who choose to commit this and other types of financial fraud in our community and around the nation.”
According to court documents, Yao Lin and Wen Lin, acting apart from each other, traveled at different times to Walmart stores located in the southern United States to purchase various gift cards using electronic Walmart gift cards on their smart phones which were obtained by unnamed individuals through multiple scams inflicted on victims across the country.
Wen Lin told agents that he would receive a gift card number from sources in China through an app on his smart phone. Once the gift card number was loaded onto his phone, Wen Lin would go to a Walmart and purchase other kinds of gift cards and send those gift cards back to China. Wen Lin was taken into custody on Sept. 26, 2019, at a Walmart store in Hazlehurst, Georgia, after making illicit purchases at Walmart stores over a three-day period within the Middle District of Georgia including Tifton, Winder, Athens, Madison, Forsyth, Macon, Warner Robins, Perry, Cordele, Americus and Albany. A search of Wen Lin’s vehicle recovered 1,298 Walmart Vanilla Mastercard and American Express gift cards with a face value totaling $229,100. There was approximately $40,000 in unused value remaining on those cards. The gift cards were used to purchase other cards in the amount of $287,335.34.
Yao Lin was connected to 1,649 different transactions using 1,271 different Walmart gift cards between Feb. 19 - March 29, 2021, totaling $533,341.75. The Walmart gift cards attributed to Yao Lin were purchased by over 370 different victims located in all 50 United States and Puerto Rico. Yao Lin was taken into custody in the Middle District of Georgia on March 29, 2021, in Valdosta, Georgia, after making fraudulent transactions at Walmart stores in the Middle District of Georgia including Macon, Warner Robins, Tifton, Adel and south into Valdosta. A search of Yao Lin’s vehicle recovered 128 Google Play, Steam and Apple gift cards, valued at approximately $9,300.
The scams conducted on victims in order to obtain Walmart gift cards varied to include threats of arrest, finance schemes and romance scams. An example of fraud as detailed in Yao Lin’s filed plea agreement is of an elderly female from Texas who was the victim of a computer protection program scam which caused her to purchase Walmart gift cards and give the gift card information to the scammer. In another situation, an elderly man was duped into sending over $5,000 during a period of time, including some to a non-existent female. An example of fraud from Wen Lin’s plea agreement is of a victim who was contacted by an unknown person posing as an employee of the victim’s mortgage company, claiming to be able to lower the victim’s monthly payment. After several emails between the unknown person and the victim, the victim was told to make a mortgage payment with a gift card. The victim complied, sending the gift card information as instructed. Another individual was deceived into believing he had an outstanding warrant for his arrest and was told to send Walmart gift cards to avoid arrest. The individual purchased gift cards in New York and California, eventually used by Wen Lin to purchase other gift cards.
Both Wen Lin and Yao Lin admitted to participating with unnamed co-conspirators in this scheme and receiving 3% of the total funds converted from Walmart gift cards as payment for their criminal efforts. They say they did not know the electronic gift cards were obtained by defrauding people and assert they did not know of any other victim than Walmart. It is not known whether the unnamed co-conspirators from either case are acting together or separately.
The case was investigated by the United State Secret Service (USSS), the Jeff Davis County Sheriff’s Office and the Lowndes County Sheriff’s Office with assistance from Walmart Global Investigations.
Assistant U.S. Attorney Robert D. McCullers is prosecuting the case.
Thirty-Year-Old Mississippi Man Charged with Attempted Coercion and Enticement of a Minor to Engage in Criminal Sexual ActivityRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that COLBI TRENT DEFIORE, age 30, from Carriere, Mississippi, was charged today in a one-count bill of information with using a transferring obscene matter to a minor, in violation of Title 18, United States Code, Section 1470.
If convicted, DEFIORE faces up to ten years in prison, a fine of up to $250,000.00, up to three years of supervised release after imprisonment, and a mandatory $100 special assessment fee. DEFIORE may also be required to register as a sex offender.
U. S. Attorney Evans reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Sioux City Man Sentenced to 7 Years in Federal Prison for Illegally Possessing a FirearmRead the Press Release
A man who possessed a firearm as a felon was sentenced today, to 7 years in federal prison.
Lasharbe Hardy, age 26, from Sioux City, Iowa, received the prison term after an April 29, 2022, guilty plea to one count of possession of a firearm by a felon.
Evidence in the case showed during a July 2021, traffic stop Hardy illegally possessed a loaded handgun, 22.5 grams of marijuana in several packages, a digital scale, and unused baggies. Hardy attempted to flee from the traffic stop and attempted to strike an Iowa State Trooper.
Hardy has a history of violence. He was previously convicted of felony willful injury for shooting two men, among other crimes.
Hardy was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 84 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term and pay a mandatory $100 special assessment. There is no parole in the federal system.
Hardy is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Sioux City, Iowa Police Department, the Woodbury County Sheriff’s Office, and the Iowa State Patrol. The case was prosecuted by Assistant United States Attorney Forde Fairchild
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-4072.
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San Francisco Drug Dealer Sentenced to More Than 13 Years in PrisonRead the Press Release
SAN FRANCISCO – Alejandro Alvarez was sentenced to 160 months in prison for drug trafficking charges in connection with a scheme to distribute more than 65 pounds of methamphetamine, announced United States Attorney Stephanie M. Hinds and Drug Enforcement Administration (DEA) Acting Special Agent in Charge Bob P. Beris. The sentence was handed down by the Honorable William H. Orrick, U.S. District Judge.
The sentence follows a guilty verdict issued by a federal jury on April 14, 2022, after a four-day trial. Evidence at trial showed that Alvarez, 46, of San Francisco, had been distributing tens of thousands of dollars’ worth of methamphetamine and heroin monthly at the time that San Francisco Police Department officers executed a search warrant at his residence. Law enforcement officers recovered about 65 pounds of methamphetamine with a street retail value of more than $1.5 million.
The trial evidence demonstrated that the investigation began when officers with the San Francisco Police Department learned that an individual who went by the name “Chewy” was selling heroin and other drugs. Eventually officers developed enough evidence to obtain and execute a search warrant on Alvarez’s apartment. They recovered over $46,000 in bulk cash, some 65 pounds of methamphetamine, and other indicia of drug trafficking. Evidence at trial showed that Alvarez managed a sophisticated drug distribution operation out of his apartment on Sanchez Street in San Francisco’s Noe Valley neighborhood. Text messages between Alvarez and his customers (including their names, transaction dates, drug quantities, and drug types) matched up with a ledger found on Alvarez’s bed that demonstrated an operation capable of distributing hundreds of thousands of dollars’ worth of drugs annually. Mr. Alvarez’s ledger showed that in the week before his arrest, he sold $15,300 worth of methamphetamine and heroin.
On February 20, 2020, a federal grand jury indicted Alvarez, charging him with one count of possession with intent to distribute 500 grams and more of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(viii). Pursuant to the jury’s verdict, Alvarez was found guilty of the sole count in the indictment.
In addition to the prison term, Judge Orrick ordered the defendant to serve a five-year period of supervised release, to begin after Alvarez completes his prison term.
Assistant U.S. Attorneys Joseph Tartakovsky and Alexis James prosecuted the case with the assistance of Lance Libatique. The prosecution is the result of an investigation by the San Francisco Police Department, United States Drug Enforcement Administration, and the U.S. Attorney’s Office.
Sacramento Man Sentenced to 57 Months in Prison for Cocaine TraffickingRead the Press Release
SACRAMENTO, Calif. — Jason Tolbert, 45, of Sacramento, was sentenced yesterday by United States District Judge Troy L. Nunley to 57 months in prison for possession with intent to distribute cocaine, United States Attorney Phillip A. Talbert announced.
According to court documents, Tolbert was one of 15 federal defendants arrested in 2021 for trafficking narcotics as part of a DEA-led multi-agency operation targeting cocaine and heroin traffickers in North Sacramento. Tolbert was intercepted during wiretaps in 2018 trafficking powder cocaine. Upon his arrest, he was in possession of over a kilogram of cocaine and a loaded firearm. Tolbert is the first defendant to be sentenced.
This case was the product of an investigation by the Drug Enforcement Administration, Sacramento Police Department, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Marshals Service, Homeland Security Investigations, and California Highway Patrol. Assistant United States Attorneys Cameron L. Desmond and Aaron Pennekamp 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.
Rock County Man Sentenced to 20 Years for Sex Trafficking of an Adult & a MinorRead the Press Release
MADISON, WIS. – A federal judge in the Western District of Wisconsin sentenced Cory Hereford, 51, Beloit, Wisconsin to 20 years in prison for sex trafficking and related charges. Hereford was convicted after a four-day trial in February 2022 of sex trafficking, conspiracy to commit sex trafficking, maintaining a property for the purposes of distributing and using controlled substances and of having committed sex trafficking of a minor while being a person previously convicted of a crime that required registering as a sex offender. The Court additionally imposed 20 years of supervised release.
The government presented evidence at trial that Hereford conspired with co-defendant, Tonyiel Partee, of Janesville, Wisconsin to recruit an adult victim struggling with drug addiction, to engage in commercial sex. He also enticed a minor victim, who was 16 years old at the time, with access to drugs. In some instances, he threatened to withhold the heroin to induce withdrawal sickness as a means of compelling the victims to engage in prostitution for his profit.
“This defendant preyed on vulnerable young women, and he cruelly exploited their addictions for his own profit,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This conviction shows that the Civil Rights Division is committed to seeking justice for survivors of sex trafficking. We will work tirelessly to hold traffickers accountable for these heinous crimes that erode the safety of our communities.”
“Hereford exploited young and vulnerable women, leveraging drug addiction to force them into prostitution,” said U.S. Attorney Timothy M. O’Shea of the Western District of Wisconsin. “My office is committed to working with our law enforcement partners to hold such predators accountable for their crimes.”
“Human trafficking investigations are complex, time consuming and dependent upon earning the trust of our victims,” said Chief David Moore of the Janesville Police Department. “Janesville detectives worked countless hours to bring this case to prosecution. The Janesville Police Department respects the U.S. Attorney’s Office for their leadership, perseverance and dedication to the prosecution of the case. Finally, our victims are safe.”
The case was investigated by the Janesville Police Department, with the assistance of the Wisconsin Department of Justice Division of Criminal Investigation and the Rock County Sheriff’s Office. Assistant U.S. Attorney Julie Pfluger of the Western District of Wisconsin and Trial Attorney Slava Kuperstein of the Civil Rights Division’s Human Trafficking Prosecution Unit prosecuted the case.
Anyone who has information about human trafficking should report that information to the National Human Trafficking Hotline toll-free at 1-888-373-7888, which is available 24 hours a day, seven days a week. For more information about human trafficking, please visit www.humantraffickinghotline.org.
Readout of Russian Elites, Proxies, and Oligarchs (REPO) Task Force Deputies MeetingRead the Press Release
Treasury Deputy Secretary Wally Adeyemo and Deputy Attorney General Lisa O. Monaco today convened the Russian Elites, Proxies, and Oligarchs (REPO) Task Force Deputies to accelerate oligarch asset forfeiture efforts in response to Russia’s illegal war in Ukraine.
Participants from Australia, Canada, the European Commission, France, Germany, Japan, Italy, the United Kingdom, and the United States discussed ongoing initiatives to tailor already robust asset forfeiture tools and maximize the impact of our joint work on Russian elites and their cronies for their complicity in Putin’s illegal invasion. Participants noted legislative efforts, including the Administration’s proposals to forfeit oligarch assets on an expedited timeline, to forfeit property used to facilitate sanctions evasion, to expand our ability to enforce foreign forfeiture judgments in U.S. courts, and to include sanctions and export control violations among the crimes that fall within the definition of racketeering. Together, these proposals would expand our ability to forfeit assets, including those of entire criminal enterprises.
As Russia continues to commit flagrant violations of international law, the United States remains committed to using all tools at its disposal to hold Russia accountable and help Ukraine. Together with our partners, the steps we have taken so far have immobilized Russian assets as one of several means to induce Russia to come into compliance with its international law obligations, including the obligation to pay reparations. We also have degraded Russia’s ability to wage its unjust war by limiting Russia’s access to the global financial system and to the technology and other imports they need to maintain its military industrial base and equip its armed forces.
Raleigh County Woman Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – Krystle Elaine Cresce, 33, of Glen Morgan, Raleigh County, pleaded guilty today to aiding and abetting the possession with intent to distribute heroin and methamphetamine.
According to court documents and statements made in court, on November 8, 2021, law enforcement officers executed a search warrant at a Beckley hotel room where Cresce was staying and found quantities of methamphetamine, fentanyl, and heroin. Law enforcement officers also found $917, and three firearms: a SCCY, Model CPX-2 9mm semi-automatic pistol; a Springfield Armory, Model 911, 9mm semi-automatic pistol; and a Mossburg, Model 500, 12-gauge shotgun.
Officers encountered Cresce’s co-defendant in the hallway near Cresce’s hotel room and seized approximately 64 grams of heroin, 54 grams of methamphetamine and more than $2,850 in cash from the co-defendant. Cresce admitted that she worked with and assisted her co-defendant in the possession and distribution of the heroin and methamphetamine.
Cresce is scheduled to be sentenced on January 19, 2023 and faces a maximum penalty of 20 years in prison, at least 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) and the Beckley/Raleigh County Drug and Violent Crime Unit.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorneys Timothy D. Boggess and Alex Hamner prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-265.
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Raleigh County Man Pleads Guilty to Fentanyl CrimeRead the Press Release
BECKLEY, W.Va. – Sean Hafesh, 33, of Daniels, Raleigh County, pleaded guilty today to distribution of fentanyl.
According to court documents and statements made in court, on October 6, 2021, Hafesh sold approximately 3.7 grams of suspected heroin to a confidential informant at a residence in Daniels, West Virginia. The West Virginia State Police Forensic Laboratory confirmed the controlled substance was fentanyl.
Hafesh further admitted to selling additional quantities of suspected heroin to confidential informants on October 5, 2021, and October 12, 2021. The following day, law enforcement officers executed a search warrant at a residence and found 355 grams of suspected heroin, 24.5 grams of methamphetamine, a revolver, and a bolt-action rifle belonging to Hafesh. The suspected heroin from the controlled buys and the search was later determined to contain fentanyl.
On October 21, 2021, Hafesh was stopped by a law enforcement officer who seized 36 grams of heroin and $1,460 in cash from Hafesh’s person and vehicle. On April 7, 2022, law enforcement officers again executed a search warrant at a residence in Beaver and found 56 grams of suspected heroin, 33 grams of methamphetamine, 62 grams of cocaine base, also known as “crack,” $1,042 in cash and several firearms. The suspected heroin found during the search was later determined to contain fentanyl. Hafesh further admitted to telling officers on the day of that search that he had been selling a significant amount of suspected heroin during the previous several months.
Hafesh is scheduled to be sentenced on January 19, 2023 at 11:00 a.m. 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 Beckley/Raleigh County Drug and Violent Crime Unit, and the West Virginia State Police.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Andrew D. Isabell and former Assistant United States Attorney Alex Hamner are 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. 5:22-cr-68.
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Public Reporting of Environmental Justice ConcernsRead the Press Release
SAN JUAN, Puerto Rico – Environmental Justice is a principle that combines civil rights with environmental protection by examining whether all people, regardless of race, color, national origin, or income are receiving fair treatment and meaningful involvement with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
On May 5, 2022, the Attorney General announced actions to enhance and advance the U.S. Department of Justice’s environmental justice (EJ) work. These efforts include the issuance of a Comprehensive Environmental Justice Enforcement Strategy (Strategy), the creation of an Office of Environmental Justice (OEJ) within the Environment and Natural Resources Division (ENRD), and the issuance of both an interim final rule rescinding the Department’s regulations at 28 C.F.R § 50.28 and a policy allowing the Department’s components to enter into settlement agreements that include payments under limited circumstances to non-governmental persons or entities that are not parties to the underlying litigation.
In furtherance of the Strategy, the OEJ will convene a standing DOJ Environmental Justice Enforcement Steering Committee and each U.S. Attorney’s Office will designate an environmental justice coordinator. Assistant United States Attorney Seth A. Erbe has been designated to serve as the environmental justice coordinator (EJC) for the District of Puerto Rico.
The EJC will coordinate efforts to enforce both civil and criminal environmental laws, including the Clean Air Act, Clean Water Act, and hazardous waste laws. An intentional decision to violate these laws may be a federal crime. For example, intentionally discharging pollutants into a river without a permit, or bypassing a required pollution control device, is a criminal act that carries the possibility of incarceration and monetary fines.
Efforts will also be undertaken to remedy environmental violations and pollutants by pursuing actions under the civil rights laws, worker safety and consumer protection statutes, and the False Claims Act, where appropriate. For example, a federal contractor who violates a contractual provision mandating the proper disposal of hazardous waste may be subject to liability under the False Claims Act.
Other examples of civil or criminal environmental misconduct include:
- Air emissions of toxic pollutants resulting from inadequate or nonexistent pollution control
- Oil spills or other environmental incidents that compromise the land or practices of disadvantaged communities
- Unpermitted discharges of a pollutant into waters of the United States
- Illegal discharges into waters or sewer systems that threaten public safety and cause damage to our water infrastructure
- Illegal handling, transportation, and disposal of hazardous wastes and pesticides
- Illegal asbestos removals that expose and create health risks for workers and the public
- False statements to the EPA or other regulatory agencies that threaten the integrity of environmental protection programs
Engagement in the Commonwealth
The United States Attorney’s Office for the District of Puerto Rico will conduct island-wide outreach efforts via the Public Affairs and Community Engagement (PACE) Division. These outreach efforts are designed to increase communication regarding identified environmental justice concerns; 2) identify impacted communities; 3) assist in engagement with impacted communities; and 4) promote transparency regarding Federal environmental justice enforcement efforts and results.
What Can You Do?
Reporting environmental, public health and safety concerns supports a safe community for all. U.S. Attorney Muldrow encourages Puerto Rico residents to use the following contact information to report violations to federal agencies.
If the violation concerns air quality, health, water, land, waste, chemicals and toxins (e.g., pesticides and lead paint), and/or a cleanup, contact the Environmental Protection Agency at https://echo.epa.gov/report-environmental-violations.
If the violation concerns an oil or chemical spill, contact the EPA National Response Center at 1-800-424-88022.
If the violation concerns a marine environment, contact the United States Coast Guard at www.p3tips.com/tipform.aspx?ID=878.
If the violation concerns harm to wildlife (e.g., pesticide misuse), contact the U.S. Fish and Wildlife Service at 1-800-344-9453 or www.fws.gov/wildlife-crime-tips.
If the violation concerns the destruction of wetlands, contact your local district branch of the U.S. Army Corps of Engineers at www.usace.army.mil/Missions/Locations/.
If the violation concerns workplace conditions, such as chemicals or noxious fumes, contact the Occupational Safety and Health Administration (OSHA) at 1-800-321-6742 or www.osha.gov/workers/file-complaint.
If the violation concerns housing conditions, contact the Department of Housing & Urban Development – Office of Inspector General (HUD-OIG) at 1-800-347-3735 or https://www.hudoig.gov/hotline/hotline-form.
If the violation concerns transportation of hazardous materials or a pipeline, contact the Department of Transportation – Office of Inspector General (DOT-OIG) at 1-800-424-9071 or https://www.oig.dot.gov/fraud-hotline.
If the violation concerns medications, cosmetics, biological products, and other products for human consumption, contact the FDA at 1-888-463-6332 or https://www.fda.gov/safety/report-problem-fda.
If the violation concerns discriminatory environmental and health impacts, contact DOJ Civil Rights at 1-855-856-1247 or https://civilrights.justice.gov/.
If the violation involves public corruption, contact the Federal Bureau of Investigation at https://tips.fbi.gov/ or (787)987-6500.
You can also send information or concerns by mail to:
U.S. Attorney’s Office
Attn: Environmental Justice Coordinator
District of Puerto Rico
Torre Chardón, Suite 1201
350 Chardón Avenue
San Juan, Puerto Rico 00918For more information, please visit www.justice.gov/oej; www.epa.gov; www.justice.gov/usao/pr
President of Radiology Services Company Sentenced to 15 Years in Prison for $2 Million Healthcare Fraud Scheme and Identity TheftRead the Press Release
CLEVELAND - Thomas G. O’Lear, 58, of North Canton, Ohio, was sentenced on Thursday, September 29, 2022, by U.S. District Judge Dan Polster to 15 years in prison and was ordered to pay $1,989,490 in restitution to Medicare, Medicaid and two Medicaid Managed Care Organizations (MCOs). Polster pronounced the sentence after O’Lear was convicted at trial of defrauding Medicare and Medicaid of approximately $2 million by billing for x-ray-related services that his company did not provide, engaging in a cover-up scheme to conceal the fraud and committing aggravated identity theft.
“This defendant wrongfully believed that he could cheat taxpayers by targeting nursing facilities and using the stolen identifies of vulnerable or deceased individuals to cover up his tracks,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Protecting taxpayers and government healthcare programs from fraud is an important priority for the Department of Justice and law enforcement.”
“Medicare and Medicaid providers who submit fraudulent claims for reimbursement and engage in identity theft undermine the trust placed in them by the beneficiaries that utilize their services,” said Special Agent in Charge Mario M. Pinto of the U.S. Department of Health and Human Services - Office of Inspector General. “We will continue to work together with our law enforcement partners to ensure that individuals who commit fraud against federal health care programs are held accountable.”
“Criminal misconduct within the healthcare system is not only deceitful but also destructive,” said FBI Cleveland Special Agent in Charge Gregory Nelsen. “Mr. O’Lear’s schemes are appalling. Those who abuse their position of trust for financial greed will not be tolerated. The FBI and our partners will continue to work collaboratively to identify and investigate those committing fraud with the intention of bilking government programs.”
According to court documents and evidence presented at trial, O’Lear was President of Portable Radiology Services (PRS), a company that provided portable x-ray-related services to individuals residing in nursing homes, skilled nursing facilities and long-term care facilities.
From 2013 through 2017, O’Lear submitted false claims for reimbursement to Medicare, Medicaid and MCOs for thousands of x-rays and related services that he and his business did not provide, including approximately 151 x-ray services purportedly provided to patients on dates after the patients had died.
Evidence also proved that O’Lear billed Medicare and Medicaid for purportedly having provided x-ray-related services to beneficiaries at nursing facilities on dates when the beneficiaries were hospitalized and not at the facilities. In another aspect of the fraud, O’Lear took multiple x-rays that had all been performed in one visit and falsely claimed that each one had been done on a different day, requiring separate reimbursement for transporting the portable x-ray equipment on each date. Similarly, O’Lear falsely billed for taking multiple images or views of patients when only one view had been done, thereby requiring a greater reimbursement.
During an audit by a Medicaid MCO, O’Lear covered up the scheme and committed aggravated identity theft by creating false medical records, including forms for ordering x-rays and radiology reading reports. He even falsified x-ray images, but was found to have re-used the same image repeatedly as different images of the same patient and even as images of different patients. In creating the falsified order forms, he forged the signatures of his employees and the physician he said had ordered the x-rays.
As a result of the scheme, court documents state that O’Lear submitted fraudulent bills to Medicare, Medicaid and Medicaid MCOs for approximately $3.7 million and received approximately $2 million in payments as a result of fraudulent bills.
“Nobody needs X-rays after they’re dead, and the taxpayers shouldn’t have to pay for them,” Ohio Attorney General Dave Yost said. “This crook made victims of everybody who pays taxes, and he deserves every day of his sentence.”
This case was investigated by the United States Department of Health and Human Services, Office of the Inspector General (HHS-OIG), the Cleveland FBI and the Ohio Attorney General’s Healthcare Fraud Section . This case was prosecuted by Assistant U.S. Attorneys Elliot Morrison and Brendan O’Shea.
Peter Quifunas and Doreen Esther Quitaro Sentenced to Federal Prison for Trafficking MethamphetamineRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands announced that Peter Quifunas, age 25, and Doreen Esther Quitaro, age 48, both from Yona, Guam, were sentenced in the United States District Court of Guam to federal prison for Attempted Possession of Fifty or More Grams of Methamphetamine Hydrochloride with the Intent to Distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Quifunas was sentenced to 120 months imprisonment, five years of supervised release following imprisonment, and a mandatory $100.00 special assessment fee. Quitaro was sentenced to 70 months imprisonment, three years of supervised release following imprisonment, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On September 7, 2021, federal agents obtained a warrant to search a U.S. Priority Mail package sent from Long Beach, California to a Yona address. The package contained 401 grams of methamphetamine hydrochloride that was 98% pure. The drugs were discovered inside 42 plastic bags secured in small balloons, which were further concealed inside 42 “Cra-Z-Art” paint bottles, a children’s washable paint set.
On September 9, 2021, agents conducted a controlled delivery of the package. The drugs were replaced with a fake substance prior to the delivery. The defendants were arrested after they obtained and opened the package, which a relative retrieved from one of the cluster boxes in the Yona Mayor’s Office. A search was conducted on Quifunas’ vehicle, where agents recovered a .40 caliber pistol with an obliterated serial number located in the center console. Agents also recovered numerous zip lock baggies and a digital scale from Quitaro’s vehicle.
“Drug trafficking through the mail system, including cluster boxes, is an ongoing concern to law enforcement,” stated United States Attorney Anderson. “As this case reveals, this activity does not go undetected regardless of the schemes devised by traffickers. Combating drug crimes, particularly those involving firearms, will remain a high priority for our office.”
“Drug dealers have no business at the Post Office. Today’s sentences show that Postal Inspectors will use all the tools available to identify criminals who attempt to use the U.S. Mail to traffic controlled substances, and bring them to justice.” said Kevin Rho, Acting Inspector in Charge, USPIS, San Francisco Division. "Investigations like this will continue thanks to dependable teamwork with our partners in federal law enforcement."
This matter was investigated by Homeland Security Investigations, United States Postal Inspection Service and Drug Enforcement Administration. These cases were prosecuted by Marivic P. David and Laura C. Sambataro, Assistant United States Attorneys in the District of Guam.
Passaic County Man Charged with Possession of Machinegun and Felon in Possession of AmmunitionRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man made his initial court appearance today on charges of possessing a machinegun and being a felon in possession of a weapon, U.S. Attorney Philip R. Sellinger announced.
Edward Austeri, 37, of Bloomingdale, New Jersey, was arrested by local authorities on April 26, 2022, and charged with state offenses. He is now charged by federal criminal complaint with one count of being a convicted felon in possession of ammunition and one count of possession of a machinegun. Austeri appeared today by videoconference before U.S. Magistrate Judge Leda Dunn Wettre, and was detained without bail.
According to documents filed in this case and statements made in court:
On April 22, 2022, law enforcement officers responded to a 911 call reporting a domestic violence incident at a residence in Bloomingdale. The reporting male party advised that he was threatened with an AK-47 by a female family member, later identified as Austeri’s girlfriend, who was staying in his home with Austeri. Upon their arrival, law enforcement officers were directed by the homeowner to a long black firearm, later determined to be a fully automatic, AK-47 style, privately manufactured firearm with no serial number and an attached large capacity magazine containing 37 rounds of 7.62 x 39mm ammunition. Officers also recovered an additional privately manufactured firearm as well as several firearm magazines and assorted ammunition belonging to Austeri. Austeri shipped the firearms to himself from a previous address in Oregon to the residence in Bloomingdale.
The felon in possession of ammunition and possession of a machinegun charges each carry a maximum penalty of 10 years in prison and a fine of up to $250,000.
U.S. Attorney Sellinger credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; officers of the Bloomingdale Police Department, under the direction of Chief Joseph Borell; and detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney John Mezzanotte of the U.S. Attorney’s Office’s Criminal Division in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Owner of St. Cloud Press Bar Sentenced to 71 Months in Prison for ArsonRead the Press Release
ST. PAUL, Minn. – Andrew Charles Welsh has been sentenced to prison for intentionally setting fire to the Press Bar and Parlor as part of a scheme to obtain insurance money, announced U.S. Attorney Andrew M. Luger.
U.S. District Judge Eric C. Tostrud sentenced Welsh, 43, of Saint Joseph, to 71 months in prison followed by three years of supervised release and ordered him to pay $3,093,373.52 in restitution.
According to court documents, Welsh, the owner and operator of the Press Bar and Parlor located in St. Cloud, maintained a business owner’s insurance policy on the business. On February 17, 2020, as part of a scheme to fraudulently obtain insurance money, Welsh used gasoline to set a fire in his office located in the basement of the Press Bar. The fire eventually spread and resulted in the total destruction of the building as well as other losses.
On February 24, 2020, Welsh retained a Public Insurance Adjuster to assist in the preparation, presentation, and adjustment of insurance claims related to the fire at Press Bar. On February 26, 2020, Welsh, through the Public Insurance Adjuster, claimed that he was entitled to payment from the insurance company in the amount $1,430,123.28 for property damage and other losses related to the February 17, 2020, fire. Welsh admitted that in submitting the insurance claim, he falsely stated that “said loss did not originate by any act, design, or procurement on the part of your insured,” when, as Welsh knew, his arson of the Press Bar caused the loss for which he sought compensation.
On May 5, 2022, Welsh pleaded guilty to one count of arson.
U.S. Attorney Luger thanks the Bureau of Alcohol, Tobacco, Firearms and Explosives and their Forensic Auditors for their skilled investigative work on this case, as well as the St. Cloud Police Department, the St. Cloud Fire Department, and the Minnesota State Fire Marshals, Stearns County Sheriff’s Office, and the Stearns County Attorney’s Office for their collaboration and assistance.
Assistant U.S. Attorneys Nathan H. Nelson and Evan B. Gilead prosecuted the case.
Ohio Gun Runner Sentenced to 10 years in 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 Thomas L. Hill, Jr. a/k/a Thomas L. Caschetta-Hill a/k/a Tec, 33, of Cleveland, Ohio, who was convicted of conspiracy to engage in the business of dealing firearms without a license and being a felon in possession of a firearm, was sentenced to serve 10 years in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Robert A. Marangola, who handled the case, stated that between October and December 24, 2020, Hill, who has three previous felony convictions and is legally prohibited from possessing a firearm, conspired with his father, convicted murderer Thomas L. Hill, Sr., and Tevon Orr a/k/a Tev, to sell firearms without a license. On multiple occasions, Hill illegally obtained firearms and rounds of ammunition in the State of Ohio, transported them to Rochester, and re-sold them in the Rochester area. Hill also provided firearms to his father and Orr, which they also re-sold to other individuals. On December 24, 2020, investigators executed a federal search warrant at a residence on Norton Street in Rochester, recovering two handguns, an assault rifle, and over 300 rounds of ammunition and resulting in the arrest of Thomas Hill, Sr. Defendant Orr was arrested one week later. Thomas L. Hill, Jr. was arrested on July 22, 2021 in Ohio, and was incarcerated on Ohio charges until his release from a state prison in June 2022, at which time he was charged in federal court.
Both Orr and Thomas Hill, Sr. were previously convicted and sentenced to serve seven years and nine years in prison respectively.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Violent Crimes Task Force, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division.
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New Bern Heroin and Fentanyl Trafficker Sentenced to 118 Months in PrisonRead the Press Release
NEW BERN, N.C. – A New Bern man was sentenced on September 30, 2022, to 118 months in prison and 60 months of supervised release for trafficking heroin and fentanyl in December 2018 and January 2019. On April 15, 2022, Quentin Tavaris Bryant pleaded guilty to the charges.
“Working together with law enforcement, we are investigating and prosecuting those that are bringing deadly fentanyl into our communities,” said U.S. Attorney Michael Easley. “This defendant will trade his time dealing drugs for time behind bars.”
“I express my appreciation to the U.S. Attorney’s Office for vigorously prosecuting Bryant and obtaining an active prison sentence,” said Craven County Sheriff Chip Hughes.
According to court documents and other information presented in court, Bryant, previously convicted on state charges for cocaine trafficking, began trafficking in heroin and fentanyl in 2018. After conducting several controlled purchases of heroin from Bryant, Craven County Sheriff’s Office deputies witnessed him make a drug sale from his car. Deputies observed Bryant return home and then drive away. A deputy began following Bryant and activated blue lights and siren to conduct a traffic stop. In response, Bryant accelerated and changed lanes. During the chase, deputies saw Bryant throw items out the window, including a bag that landed on church property in New Bern. During his attempt to flee, Bryant drove in excess of 110 miles per hour, ignored stop signs, and continued to throw items out his window.
After Bryant was apprehended, deputies recovered items along the chase route they had witnessed were thrown from the car including the large plastic bag at the church which contained loose rice and a second bag inside that contained an off-white substance. They also recovered a plastic bag of white powder on a bridge. Sheriff’s Office deputies executed a search warrant at Bryant’s home and seized $15,000, a drug sales ledger and many items in a plastic storage bin appearing to be a drug manufacturing/packaging station. The N.C. Crime Lab analyzed the materials from the search and the chase and found 131.86 grams of heroin/fentanyl; 57.5 grams of powder cocaine; and 14.49 grams of crack cocaine.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Craven County Sheriff’s Office and the DEA Wilmington Resident Office investigated the case and Assistant U.S. Attorney Dennis M. Duffy prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:19-CR-00085-FL.
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Middlebury Man Faces Federal Drug Charge After Rutland ArrestRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Sami Hayyat, 47, of Middlebury, Vermont, was arrested on Wednesday evening and charged yesterday by criminal complaint. Hayyat was charged with possessing with intent to distribute fentanyl, cocaine, and cocaine base on September 28, 2022. Hayyat is scheduled to appear before United States Magistrate Judge Kevin J. Doyle this afternoon.
According to court records, the Middlebury Police Department initiated a drug trafficking investigation of Hayyat earlier this month. Middlebury Police coordinated with Homeland Security Investigations to assist with the investigation. On the afternoon of September 28, 2022, Hayyat was located driving in Rutland, Vermont by a Rutland City Police Officer. During a subsequent traffic stop, the officer observed that Hayyat was operating the vehicle without the mandated interlock device as required by Hayyat’s restricted driver’s license. Hayyat was arrested for this violation and, based on additional information provided by Middlebury Police, Hayyat’s vehicle was searched by federal agents. The search revealed approximately 279 baggies of suspected fentanyl, approximately 4 grams of suspected cocaine, and approximately 43 grams of suspected cocaine base. Agents also seized from Hayyat’s vehicle drug packaging, a digital scale, a single round of ammunition, and a firearm holster.
The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only and that Hayyat is presumed innocent until and unless convicted of a crime.
United States Attorney Nikolas P. Kerest commended the coordinated investigatory efforts of the Middlebury Police Department, the Rutland City Police Department, and Homeland Security Investigations.
The prosecutor is Assistant United States Attorney Jonathan Ophardt. Hayyat is represented by the Office of the Federal Public Defender.
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. For more information about Project Safe Neighborhoods, please visit https://www.justice.gov/psn
Mexican Man Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
Hattiesburg, Miss. – A Mexican citizen pled guilty to the federal felony offense of being an illegal alien in possession of a firearm.
U.S. Attorney Darren J. LaMarca and Mellissa B. Harper, Acting Field Office Director of the Immigration and Customs Enforcement New Orleans Field Office, made the announcement.
Gonzalo Garcia-Romero, 32, pled guilty in U.S. District Court in Hattiesburg.
According to court documents, on February 3, 2022, Jones County Sheriff’s Deputies were dispatched to a residence near Ellisville, Mississippi, responding to a report of a shooting. Upon arriving at the residence, deputies encountered a woman who said she had been hit on the head by Gonzalo Garcia-Romero. While no one had been shot, the woman said Garcia-Romero fired a pistol near her, and deputies found Garcia-Romero with a 9mm loaded pistol. Garcia-Romero was arrested by deputies. The Jones County Sheriff’s Department notified Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO). ICE/ERO officials responded and determined that Garcia-Romero was illegally present in the United States and had unlawfully returned after being previously removed from the U.S. to his home nation of Mexico.
Garcia-Romero is scheduled to be sentenced on January 3, 2023. He faces a maximum penalty of 10 years in prison followed by 3 years of supervised release, plus a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney LaMarca praised the coordination and investigation of ICE/ERO, the ATF and the Jones County Sheriff’s Department.
Assistant U.S. Attorney Stan Harris is prosecuting the case.
This case is part of the federal, state, and local Project Safe Neighborhoods (PSN) Program. The centerpiece of the Department of Justice’s crime reduction efforts, PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together and develop comprehensive solutions. As part of this strategy, PSN focuses enforcement efforts and partners with locally based prevention and reentry programs for lasting reductions in crime.
Maryland U.S. Attorney Erek L. Barron Announces More Than $5.4 Million in Grants from the Department of Justice to Reduce Community Violence in BaltimoreRead the Press Release
Baltimore, Maryland – United States Attorney for the District of Maryland Erek L. Barron announced today that the Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling $5,446,796 to three Baltimore community-based organizations to help reduce gun crime and other violence. The grants are part of $100 million being awarded across the U.S. under OJP’s Community Violence Intervention and Prevention Initiative. OJP Principal Deputy Assistant Attorney General Amy L. Solomon announced the awards during a roundtable meeting yesterday with Baltimore youth hosted by ROCA, Inc., one of three organizations in Baltimore receiving funding. The other two Baltimore organizations receiving grants are the Black Mental Health Alliance for Education and Consultation, Inc., and the Living Classrooms Foundation, Inc.
“Gun violence is a plague in Baltimore. The community organizations receiving grants today are working directly in the community to address the issues that lead to gun crime and other violence. I am grateful to OJP for giving them the funds they need to expand their programs and I look forward to seeing the positive results of their work,” said United States Attorney Erek L. Barron.
“The grants announced today, which will go directly to supporting community violence intervention efforts, are an important part of our strategy to leverage the full force of the Department – including all 94 U.S. Attorney's offices, our law enforcement agencies, and grant-making components – to combat violent crime and keep communities safe,” said Attorney General Merrick B. Garland.
“For too long, we have undervalued the wealth of resources available through community organizations and those with lived experience,” said Principal Deputy Assistant Attorney Solomon. “We know there's a better way, one that builds on what we have learned about violence and its causes. If we hope to achieve sustainable reductions in violence, we must embrace our community assets as a central ingredient in violence reduction strategies.”
The Black Mental Health Alliance has been awarded a grant of $1,497,989 to engage residents on the corners of open-air drug markets and hotspots for violent crime in the Upton/Druid Heights neighborhoods in Baltimore. Credible messengers will offer violence prevention messaging, violence intervention, mental health services, youth entrepreneurship training, and case management to decrease violent crime. The goal of the proposed project is to reduce and prevent violent crime and promote community healing. Program activities include: completion of a needs assessment; development and implementation of a Strategic Violence Reduction Plan; ensuring meaningful engagement by residents, victims, and survivors of violence, as well es those at high risk of involvement in violent crime and criminal activity in all aspects of the program; hosting community events to encourage engagement and promote social cohesion; and ongoing program evaluation.
The Living Classrooms Foundation, Inc, has been awarded a grant of $1,950,000 to expand upon its existing programs, partnerships, and services to establish a trauma-informed Crisis Intervention Management System that will target underlying factors that contribute to violence in the East Baltimore communities of McElderry Park and Belair-Edison. The Crisis Intervention Management System will address the immediate needs of those at highest risks of being either a victim or perpetrator of violence, including: food, housing, employment, and mental health interventions. The program goal is to serve 150 individuals over three years and assemble a Crisis Management Team that will work with the two existing Baltimore City Safe Streets violence prevention sites located in the McElderry Park and Belair-Edison communities.
ROCA Inc. has been awarded a grant of $1,998,807 to implement and expand planning, community partnership, and services designed to increase the number of people receiving violence intervention and response services in Baltimore and its surrounding communities to create sustainable behavior change in those served and reduce community violence. The project will restructure and expand the Baltimore Young Adult Violence Planning Committee and create a similar committee in each community served. These committees will use local data to produce a needs assessment and a violence reduction plan for the community, which will be reviewed annually. ROCA will also expand the use of its After Shooting Protocol, a data-driven outreach approach that, in pilot programs, has proven exceptionally impactful in engaging young people throughout Baltimore and in expansion communities. By using this protocol, all non-fatal shootings will be reviewed daily and each identified young person will receive a door knock within 24-48 hours to connect them to services.
The resources made available under the Community Violence Intervention and Prevention Initiative will develop and expand the infrastructure needed to build community safety and strengthen neighborhoods. They will support holistic, cross-agency collaborations, seed new efforts, and fund expansion plans in both community-based organizations and local government agencies, provide funding and assistance through intermediaries to build the capacity of smaller organizations, offer technical aid to jurisdictions that do not receive federal funding and invest in research and evaluation to better understand what works to reduce violence. The grants are jointly administered by OJP’s Bureau of Justice Assistance, Office of Juvenile Justice and Delinquency Prevention and Office for Victims of Crime. OJP’s National Institute of Justice will also support evaluations of projects funded under this initiative, contributing to the growing body of evidence regarding the effectiveness of violence intervention strategies.
Based on a Bureau of Justice Statistics analysis of data from the FBI’s Supplementary Homicide Reports, of the more than 21,500 murders known to law enforcement in 2020, more than half—56%—of the victims were between the ages of 15 and 34. Research has shown that social factors such as income inequality, the level of trust in institutions and a lack of economic opportunities are associated with firearm-related homicide rates. Evidence also shows that fear and the desire for physical safety, more than any criminal inclination, drive young people to carry and use firearms in the most violence-torn sections of our cities. Community violence interventions are grounded in research and have shown a promising track record of curbing gun traffic, reducing shootings and saving lives.
The awards announced today, funded in part through the Bipartisan Safer Communities Act, mark a historic investment in community violence intervention programs from the Department of Justice.
These awards are being made as part of the regular end-of-fiscal year cycle. For more information about grants under the Community Violence Intervention and Prevention Initiative, and for information about other OJP grant awards, please visit the OJP Grant Awards Page.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Maryland Man Convicted After 10-Day Trial for His Role in a $28 Million Ponzi Scheme Involving “1st Million Dollars”Read the Press Release
Greenbelt, Maryland – A federal jury in Maryland convicted Arley Ray Johnson, age 63, of Bowie, Maryland, on charges of conspiracy, wire fraud, and securities fraud, in connection with a $28 million Ponzi scheme involving 1st Million, a purported wealth management and financial literacy company. Johnson was convicted late yesterday after a 10-day trial. The jury acquitted Johnson of four related wire fraud and securities fraud counts.
The conviction was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Special Agent in Charge Matthew R. Stohler of the United States Secret Service - Washington Field Office; and Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service - Washington
According to the evidence presented at his trial, Johnson conspired with his co-defendants, including Dennis Mbongeni Jali and John Erasmus Frimpong to defraud investors through several related entities including The Smart Partners LLC, which did business as “1st Million Dollars” or “1st Million.” Johnson served as the Chief Operating Officer for 1st Million, which was headquartered in Largo, Maryland.
According to trial evidence, 1st Million presented itself as a wealth management and financial literacy company, with its core business offering being a 12-month guaranteed investment contract. These investment contracts, entitled “Corporate Guarantees,” represented that the client’s principal would be invested in foreign currency or cryptocurrency and guaranteed individuals who invested money with 1st Million monthly returns ranging from 6% to 35% of the initial investment. At the end of the investment period, the contract promised that the investor would receive the return of all of the principal invested. In reality, the evidence at trial showed, 1st Million did not invest victims’ funds as promised and, instead, misappropriated the funds for themselves and used the funds to keep the scheme afloat, including using funds from new investors to repay existing investors.
In addition to misrepresenting that victim funds would be used to invest, Johnson and his co-defendants also falsely stated that investors’ principal would be held in a trust account protected from any financial instability of 1st Million or market volatility. In fact, victim funds were not placed in a trust account or otherwise guaranteed. In addition, Johnson and his co-defendants falsely claimed that 1st Million was financially healthy and earning astronomical profits, but 1st Million’s accounts, some of which were controlled by Johnson, were frequently overdrawn and 1st Million had substantial cash flow problems, all of which Johnson and his co-conspirators concealed from investors.
As detailed in the trial evidence, Johnson and his co-defendants recruited victims to invest in 1st Million by holding promotional events at upscale hotels and event spaces, attending church-sponsored events intended to target investments from churchgoers, and representing themselves as religious men more interested in the financial freedom of others than personal financial gain. Johnson and his co-defendants presented themselves as men of God and told prospective investors that 1st Million’s work was in furtherance of God’s mission as it helped churches and their members achieve personal wealth and financial freedom. Johnson and his co-defendants also hired “agents” of 1st Million to organize recruiting events to attract more investors, in exchange for a higher return on the agents’ investments.
By Spring 2019, 1st Million’s accounts were often overdrawn by hundreds of thousands of dollars, and some of the checks 1st Million sent to pay investors monthly returns were returned by the bank due to insufficient funds. Nevertheless, Johnson and Frimpong continued to solicit funds from existing investors, as well as new investors, and failed to tell any of these potential investors of 1st Million’s financial problems. Ultimately, the scheme collapsed in May 2019 and hundreds of 1st Million investors collectively lost millions of dollars.
Over the course of the conspiracy, Johnson and his co-defendants persuaded or attempted to persuade more than 1,200 victims from across the United States to provide them with wire transfers, checks, and cash totaling more than $28 million, from numerous victims. The evidence proved that although the victims were promised tremendous returns on their investments, Johnson and his co-conspirators did not invest a substantial portion of the money, instead using it to fund their own lifestyles and to perpetuate the fraud scheme.
Johnson faces a maximum sentence of 20 years in federal prison for a wire fraud conspiracy and for each count of wire fraud; a maximum of five years in federal prison for a securities fraud conspiracy and a maximum of 20 years in federal prison for each count of securities fraud. U.S. District Judge Theodore D. Chuang has scheduled sentencing for January 5, 2023 at 9:00 a.m.
John Erasmus Frimpong, age 42, of Upper Marlboro, Maryland previously pleaded guilty to a wire fraud conspiracy, conspiracy to commit securities fraud, and to securities fraud. Judge Chuang has scheduled sentencing for Frimpong on February 10, 2023, at 9:00 a.m.
Jali fled the United States in May 2019, but has since been arrested in South Africa.
Separate civil actions filed against Johnson and his co-defendants by the Securities and Exchange Commission and the U.S. Commodity Futures Trading Commission remain pending.
United States Attorney Erek L. Barron commended the FBI, the U.S. Secret Service, and the U.S. Postal Inspection Service for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Caitlin R. Cottingham and Jennifer L. Wine, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/report-fraud.
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Manchester Man Sentenced to More Than 6 Years in Federal Prison for Trafficking FentanylRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that DAVID CINTRON, 26, of Manchester, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 78 months of imprisonment, followed by four years of supervised release, for trafficking fentanyl.
In July 2019, the DEA’s Hartford Task Force began investigating a Mexican-based drug trafficking organization that was distributing fentanyl and heroin in Connecticut. The investigation revealed that Cintron, Armando Gonzalez and other members of the organization received kilogram-quantities of narcotics, primarily fentanyl, from a source in Mexico, and then distributed the drug to street-level distributors. Members of the organization delivered cash generated from the sale of narcotics to a money broker in Brooklyn, New York, who assisted in laundering the narcotics proceeds before they were transferred to leaders of the drug trafficking organization. Between August and October 2019, investigators seized more than $200,000 in cash from members of the drug trafficking organization.
Cintron and Gonzalez used several locations to store, process and package fentanyl for street stale, including office space on Pratt Street in Hartford, an apartment in the Asylum Hill neighborhood in Hartford, and an apartment in New Britain.
Cintron, Gonzalez and three associates were arrested on federal charges on April 28, 2020. On that date, investigators searched the New Britain apartment and seized numerous bags of suspected fentanyl, items used to process and package narcotics, a 9mm firearm, 9mm ammunition, and cash. Cintron was located in the bathroom of his Manchester residence, flushing suspected fentanyl in the toilet.
On June 3, 2020, a grand jury returned an indictment charging Cintron, Gonzalez and eight others with narcotics distribution and money laundering offenses. On May 11, 2022, Cintron pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 40 grams or more of fentanyl. He has been detained since his arrest on April 28, 2020.
Gonzalez, of New Britain, pleaded guilty to related charges and, on June 27, 2022, was sentenced to 120 months of imprisonment.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office, the Connecticut State Police, and the Bristol, Hartford, East Hartford, Enfield, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. Agencies assisting the investigation include the DEA New York Organized Crime Drug Enforcement Task Force Strike Force and the New York Police Department.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Man Receives 25-Year Sentence for Carjacking Murder of Uber Eats DriverRead the Press Release
SAN JUAN, P.R. – On September 30, 2022, U.S. District Judge Daniel R. Domínguez sentenced Carlos Rafael Rosario-Morales to 25 years in prison for committing two carjackings, during one of which he murdered an Uber Eats driver, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
When he pled guilty on May 26, 2022, Rosario-Morales acknowledged that on August 6, 2019, he took a 2017 Ford Transit from an Uber Eats driver, whom he stabbed multiple times with a knife, and thereby caused his death. Rosario-Morales also acknowledged that on July 22, 2019, he took a Mitsubishi Outlander from a female victim while brandishing a knife.
“The United States Attorney’s Office and our law enforcement partners will continue to work tirelessly to ensure that those who threaten our communities with senseless acts of violence face the consequences of their actions. I commend the Puerto Rico Police Bureau and the FBI for their excellent work in bringing Mr. Rosario to justice,” said U.S. Attorney Muldrow.
The FBI and the Puerto Rico Police Bureau were in charge of the investigation, and Assistant United States Attorney Alexander Alum prosecuted the case.
Man Charged with Gunpoint Robbery of Bronx Post OfficeRead the Press Release
Damian Williams, United States Attorney for the Southern District of New York, Daniel B. Brubaker, Inspector-in-Charge, New York Division of the United States Postal Inspection Service (“USPIS”), Matthew Modafferi, Special Agent-in-Charge of the Northeast Area Field Office of the United States Postal Service, Office of Inspector General (“USPS-OIG”), Michael J. Driscoll, Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Keechant L. Sewell, the Commissioner of the New York City Police Department (“NYPD”), announced the arrest of ELHORIN YISREAL on Hobbs Act robbery and firearm charges in connection with the gunpoint robbery of a post office in the Bronx, New York, on September 6, 2022. YISREAL was arrested yesterday and will be presented today before the Honorable James L. Cott.
U.S. Attorney Damian Williams said: “As alleged, Elhorin Yisreal brazenly robbed a Bronx post office in broad daylight, endangering the lives of a post office employee and her husband in the process. Yisreal’s alleged actions show his disregard for the rule of law, and I commend our law enforcement partners for working with this Office to swiftly identify and apprehend Yisreal.”
USPIS Inspector-in-Charge Daniel B. Brubaker said: “This has been a true team effort between multiple federal, state, and local agencies. We hope this arrest sends a crystal-clear message to any and all criminal elements: if you target a U.S. Post Office and accost our employees with a gun, you will go to jail. Period. We will tirelessly pursue you and bring you to justice.”
FBI Assistant Director Michael J. Driscoll said: “This was not a random robbery. We allege Yisreal sat waiting for the victims to arrive, forced his way in using a gun, and then stole a significant sum of money. He also stole a device used to print money orders. Whatever Yisreal's intent for that device may have been, he will get no use out of it in federal prison. I want to commend our law enforcement partners at the United States Postal Inspection Service, and other agencies, who all worked diligently to solve this case so quickly.”
NYPD Commissioner Keechant L. Sewell said: “Today’s charges affirm the NYPD’s unwavering commitment to work in close collaboration with all of our law enforcement partners to identify and arrest anyone who commits a violent crime in New York City – especially a brazen gunpoint robbery of two people inside a post office. I commend and thank everyone at the Office of the U.S. Attorney for the Southern District of New York and all of the investigators at the NYPD, the FBI’s New York Field Office, the U.S. Postal Inspection Service, and the U.S. Postal Service’s Office of Inspector General for their work on this important case.”
According to the allegations contained in the Complaint:[1]
On September 6, 2022, YISREAL committed a gunpoint robbery of a post office in the Bronx, New York. On the morning of September 6, YISREAL was waiting outside the post office in a parked vehicle when a post office employee and her husband arrived. After the post office employee and her husband unlocked the front entrance to the post office, YISREAL emerged from the vehicle wearing a black mask and carrying a firearm. YISREAL ordered the post office employee and her husband inside the post office at gunpoint. He then ordered the post office employee to open a safe and give him two remittance bags containing approximately $100,000 in United States currency, as well as blank money orders, and a machine used to print money orders. Following the robbery, YISREAL fled in the vehicle parked outside.
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YISREAL, 44, is charged with one count of Hobbs Act robbery, which carries a maximum sentence of 20 years in prison; and one count of brandishing a firearm, which carries a maximum sentence of life in prison and a mandatory minimum sentence of seven years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the USPIS, USPS-OIG, the FBI, and the NYPD.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Alexandra S. Messiter is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation.
Madera County Man Pleads Guilty to Conspiring to Cultivate Marijuana in the Sierra National ForestRead the Press Release
FRESNO, Calif. — Carson Shane Wilhite, 43, of Ahwahnee, pleaded guilty today to conspiring to manufacture, distribute, and possess with intent to distribute marijuana and possessing a firearm in furtherance of drug trafficking, U.S. Attorney Phillip A. Talbert announced.
Wilhite has agreed to pay $46,680 in restitution to the U.S. Forest Service for the damage sustained to the environment as a result of his marijuana cultivation activities.
According to court documents, Wilhite was involved in a marijuana cultivation operation at his residence on private land in the Carter Creek watershed drainage network in the Sierra National Forest and on public land adjacent to the residence. During the execution of a federal search warrant in the summer of 2019, law enforcement officers located marijuana growing inside and outside of Wilhite’s residence and 2,261 marijuana plants growing on the adjacent public land. In exchange for $3,000 in cash and an additional $300 per month, Wilhite allowed other individuals to pass through his property to the public land so that they could grow marijuana there. Upon harvest, he was going to be paid in marijuana and would receive an additional $10,000. In total, officers located 2,353 marijuana plants.
While serving the warrant in Wilhite’s residence, officers found three firearms, including an AR-15 type assault rifle with no serial number and a Springfield .40 caliber semi-automatic pistol with a live round chambered. In a second residence on the property, officers located a safe, which Wilhite controlled, that contained an additional 11 guns. Wilhite advised the officers that he had been carrying the loaded semi-automatic pistol prior to the arrival of law enforcement officers and was armed when he checked on the marijuana in the forest.
This case is the product of an investigation by the U.S. Forest Service, California Department of Fish and Wildlife, and the Madera County Sheriff’s Office. Integral Ecology Research Center, a nonprofit organization dedicated to the research and conservation of wildlife and their ecosystems, analyzed and documented the environmental damage. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Wilhite is scheduled for sentencing on January 13, 2023, before United States District Judge Jennifer L. Thurston. He faces a maximum prison term of five years in prison on the drug conspiracy and a mandatory consecutive prison term of at least five years for the firearms charge. He also faces a $250,000 fine, as to each charge. 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.
Insulation Contracting Firm and Co-Owner Sentenced for Rigging Bids and FraudRead the Press Release
Thomas F. Langan (Langan), the co-owner of North Haven, Connecticut, insulation contracting firm Langan Insulation LLC (Langan Insulation) was sentenced to one year and a day’s imprisonment on Sept. 28 in Bridgeport, Connecticut, for his participation in bid-rigging and fraud schemes targeting public and private entities in Connecticut. Langan Insulation LLC was sentenced to a $150,000 criminal fine for its role in the schemes. Both defendants were also ordered to pay restitution to their victims. These are the first and second sentencings arising out of the investigation into the insulation contracting industry.
According to guilty pleas entered in 2020, the defendants conspired with other insulation contractors to rig bids and engage in fraud on contracts for installing insulation around pipes and ducts on construction projects at universities, hospitals, and other public and private entities in Connecticut. The conspiracy ran for nearly seven years, beginning as early as October 2011 and continuing until as late as March 2018. Five other individuals and companies have pled guilty to criminal conduct arising out of this investigation and await sentencing.
“Today’s sentences reflect the seriousness of offenses that subvert the competitive process and target public and private institutions,” said Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division. “We will pursue and hold accountable executives and companies who undermine the competitive process for personal gain and corporate greed.”
“As this bid-rigging scheme victimized hospitals, universities, municipalities and businesses throughout Connecticut, the prison term and financial penalties imposed should send a strong message that will deter others from engaging in criminal, anti-competitive behavior,” said U.S. Attorney Vanessa Roberts Avery for the District of Connecticut. “I thank the FBI, DCIS, and the Antitrust Division for their work in bringing the perpetrators of this brazen scheme to justice.”
“It is imperative that the public we serve understand that the FBI and its law enforcement partners will pursue corporate executives that cheat and defraud financial systems designed to ensure fair business practices,” said Special Agent in Charge David Sundberg of the FBI New Haven Field Office. “Today’s sentence is an example of that accountability.”
“Combating anticompetitive practices that undermine the Department of Defense (DoD) procurement system is a top priority of the Defense Criminal Investigative Service (DCIS), the law enforcement arm of the DoD’s Office of Inspector General,” said Special Agent in Charge Patrick J. Hegarty of the DCIS Northeast Field Office. “We will continue to partner with the Department of Justice and the FBI to ensure that the market for construction services provided to the U.S. military remains competitive.”
Langan and Langan Insulation previously pleaded guilty to one count of bid rigging under Section 1 of the Sherman Antitrust Act and one count of conspiracy to commit wire fraud. Langan was also ordered to pay a $20,000 criminal fine, restitution in the amount of $480,900, and a special assessment of $200. In addition to its criminal fine, Langan Insulation was ordered to pay restitution in the amount of $480,900 and a special assessment of $800.
This investigation is being conducted by the Antitrust Division’s New York Office, the U.S. Attorney’s Office for the District of Connecticut, the FBI’s New Haven Division and the DCIS’s New Haven Resident Agency.
In November 2019, the Department of Justice created the Procurement Collusion Strike Force, 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 contact the Procurement Collusion Strike Force, or to report information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to construction or infrastructure, go to https://www.justice.gov/procurement-collusion-strike-force.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Sept. 29 was:
Brandon James Cross, 33, of Billings, on charges of possession of a stolen firearm, receipt of firearm while under indictment, possession of unregistered silencer and possession of firearm with obliterated serial number. If convicted of the most serious crime, Cross faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Cross was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-105.
Josh Owen Cantrell, 32, of Billings, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Cantrell faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Cantrell was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-97.
Appearing on Sept. 27 was:
Tyler Dale Medicine Horse, 37, of Gillette, Wyoming, on charges of prohibited person in possession of firearm and possession of unregistered firearm. If convicted of the most serious crime, Medicine Horse faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Medicine Horse was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-69.
Kyle Ray Schwindt, 21, of Billings, and Jeffrey Mayes Wilkerson, 39, of Billings, on charges of attempted coercion and enticement and possession of child pornography. If convicted of the most serious crime, Schwindt and Wilkerson face a mandatory minimum of 10 years to life in prison, a $250,000 fine and five years to life of supervised release. Schwindt and Wilkerson were detained pending further proceedings. The FBI and Yellowstone County Sheriff’s Office investigated the case. PACER case reference. 22-112.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Sept. 27 was:
Matthew Lucas Jones, 42, of Missoula, on charges of possession with intent to distribute controlled substances and possession of unregistered firearm. If convicted of the most serious crime, Jones faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Jones was detained pending further proceedings. The Missoula Police Department, Montana Probation and Parole, Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-42.
Appearing in Great Falls before Chief U.S. District Judge Brian M. Morris and pleading not guilty on Sept. 29 was:
Michael Peter Barton, 53, of Great Falls, on charges of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth. If convicted of the most serious crime, Barton faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Barton was released pending further proceedings. Homeland Security Investigations, the Great Falls Police Department and U.S. Postal Service investigated the case. PACER case reference. 22-65.
Appearing on Sept. 28 before U.S. Magistrate Judge John T. Johnston was:
Kyle J. Adcock, 36, of Helena, on charges of forging a security of an organization affecting interstate commerce, embezzlement and theft of labor union assets and falsification of annual financial report filed by labor union. If convicted of the most serious crime, Adcock faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Adcock was released pending further proceedings. The National Association of Letter Carriers and U.S. Department of Labor-Management Services investigated the case. PACER case reference. 22-7.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Home Health Care Company Owners Sentenced for $6.7 Million Health Care FraudRead the Press Release
Two Illinois home health care company owners were sentenced yesterday as part of a $6.7 million home health care fraud scheme.
Patricia Omorogbe, 61, of Lansing, a registered nurse, was sentenced to two years in prison. Felix Omorogbe, 71, of Lansing, was sentenced to 18 months in prison. Patricia Omorogbe was also ordered to pay $6,643,094 in restitution. Felix Omorogbe was ordered to pay $1,592,362 in restitution.
According to court documents, the Omorogbes owned and operated three home health companies: A&Z Home Health Care and Dominion Home Health Care, both located in Lansing, and Alliance Home Health Care, located in Hammond, Indiana. From approximately January 2009 to June 2018, the Omorogbes secretly paid bribes and kickbacks to patient marketers in exchange for referrals of Medicare beneficiaries to the companies.
Patricia Omorogbe maintained relationships with marketers and signed sham contracts with patient marketers on behalf of the companies, while Felix Omorogbe facilitated kickback payments to marketers by writing checks to himself and agency employees, who would then convert the checks to cash that was used to pay kickbacks to marketers. Patricia Omorogbe caused fraudulent claims to be submitted to Medicare for home health services that falsely represented that she, as a registered nurse, performed assessments of patients on dates when she was out of the country. It was the practice of the Omorogbes’ companies to admit, discharge, and re-certify certain patients repeatedly, regardless of their medical conditions.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Assistant Director Luis Quesada of the FBI’s Criminal Division; Special Agent in Charge Mario M. Pinto of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Chicago Regional Office; and Acting Special Agent in Charge Ashley T. Johnson of the FBI Chicago Field Office made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Sarah W. Rocha, Victor B. Yanz, and Claire T. Sobczak of the Criminal Division’s Fraud Section, and Assistant U.S. Attorney Patrick Mott for the Northern District of Illinois prosecuted the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Hampton Gang Member Sentenced for Pandemic Unemployment FraudRead the Press Release
NEWPORT NEWS, Va. – A Hampton man was sentenced today to 27 months in prison for a fraud scheme to obtain unemployment benefits made available because of the COVID-19 pandemic.
According to court documents, Demichael J. Peeples, 27, submitted multiple false unemployment claims with the Commonwealth of Virginia and State of California. He filed fraudulent claims for benefits for himself and on behalf of others. In these claims, Peeples falsely represented, among other things, the applicants’ work history and that they lost their employment as a result of the COVID-19 pandemic. Peeples recruited individuals on social media to provide their personally identifying information, so he could file fraudulent claims for benefits in their name. In many cases, the defendant had the benefit payments delivered to his residence and kept the proceeds for himself.
Peeples is a documented member of the “10K” street gang on the Peninsula. While on pretrial release, he used illegal drugs, failed to seek employment, did not report contact with law enforcement to his supervising probation officer, and otherwise failed to comply with his conditions of release. In March, Peeples was evicted from a hotel room where police found a Glock semiautomatic firearm that had a preliminary match to a shooting that occurred earlier that same day. In May, police were dispatched to Peeples’s residence after unknown individuals fired 19 rounds at Peeples. After pleading guilty, the Court revoked his bond and remanded him into the custody of the U.S. Marshals Service.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Damon E. Wood, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Troy Springer, Acting Special Agent in Charge of the Washington, DC Regional Office, U.S. Department of Labor, Office of Inspector General; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; and Mark Talbot, Chief of Hampton Police, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen.
This case was investigated under the leadership and coordination of the Newport News Financial Crimes Task Force.
Assistant U.S. Attorneys D. Mack Coleman and Devon E.A. Heath prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:21-cr-66.
Hamilton County man, girlfriend & brother plead guilty to crimes relating to September 2019 shooting and conspiracy to bribe shooting victimRead the Press Release
CINCINNATI – Three defendants pleaded guilty in U.S. District Court today to several crimes relating to a September 2019 shooting and a conspiracy to bribe the shooting victim to recant his identification of the shooter.
Darias Jackson, 32, pleaded guilty to illegally possessing ammunition, conspiring to commit perjury, and witness tampering. Jackson’s brother, Gregory Jackson, 45, pleaded guilty to conspiring to commit witness tampering and witness tampering, and Jackson’s girlfriend, Jessica Brown, 31, pleaded guilty to being an accessory after the fact and to making illegal gratuity payments to a witness.
According to court documents, in September 2019, a man was shot several times outside an apartment complex in Cincinnati. Officers found nine 9mm casings at the scene.
After receiving life-saving emergency surgery, the gunshot victim identified Darias Jackson as the person who had shot him. The victim’s identification was corroborated by a video taken moments before the shooting, which depicted a man—identified by witnesses as Jackson—in a heated argument with the victim at the scene of the crime.
The Hamilton County Prosecutor’s Office charged Jackson with state crimes related to the shooting. And because Jackson, a felon, was on federal supervised release at the time of the shooting, his probation officer also charged him with violating the terms of his release.
Shortly thereafter, Jackson, his brother Gregory Jackson, and his girlfriend, Jessica Brown, in an effort to thwart the state and federal charges against him, devised a plan to bribe the gunshot victim to recant his identification of Jackson as the person who had shot him. The three paid the victim $7,000 upfront, promised another $8,000 after all charges were dismissed, and had him sign a typewritten affidavit from his hospital bed.
In December 2019, Jackson’s state defense attorney filed a motion to dismiss the state charges and attached the victim’s affidavit as an exhibit. In January 2020, when the victim did not appear for trial, the state charges against Jackson were dismissed without prejudice, and he was transferred to federal custody on the pending petition alleging he had violated his federal supervised release.
While supervised release proceedings were pending, the federal government continued to investigate the shooting, including by obtaining dozens of search warrants and subpoenaing Brown to testify before the federal grand jury. On a recorded jail call, Jackson instructed Brown not to cooperate with the investigation and to lie to the grand jury if she did not feel comfortable answering certain questions. The next day, Brown testified falsely before the grand jury.
A few months later, the victim contacted the brother, Gregory Jackson, about the second half of the bribery payment the victim was still owed. The victim also contacted Brown about the payment, asserting that he had already done what he was supposed to do to get Jackson’s charges dismissed. Brown explained to the victim that, although things were “all good” with the state charges, “the feds [had] picked up the case.”
In his plea today, Jackson admitted he possessed the nine rounds of ammunition used to shoot the victim. Having previously been convicted of a federal drug-trafficking conspiracy, he was prohibited from possessing ammunition. Jackson and his co-defendants also admitted to the conspiracy to bribe the shooting victim.
Conspiracy to tamper with a witness and tampering with a witness each carry a potential maximum sentence of 20 years in prison. Illegally possessing ammunition as a convicted felon is punishable by up to 10 years in prison. Conspiring to commit perjury is a federal crime punishable by up to five years in prison. Being an accessory after the fact to providing an illegal gratuity to a witness is a federal crime punishable by up to one year in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; Daryl S. McCormick, Special Agent in Charge, U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF); Orville O. Greene, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA); and Joseph T. Deters, Hamilton County Prosecutor, announced the pleas entered today before U.S. District Judge Michael R. Barrett. Assistant United States Attorneys Julie D. Garcia and Kelly K. Rossi are representing the United States in this case.
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Fort Mohave Man Convicted for Theft of Social Security Administration BenefitsRead the Press Release
PHOENIX, Ariz. – On September 8, 2022, John Logan Capps III, 71, of Fort Mohave, Arizona, was sentenced by Chief United States District Judge G. Murray Snow to 18 months in prison, followed by 36 months of supervised release. Capps previously pleaded guilty to Theft of Government Funds for stealing Social Security Administration (SSA) benefits. In addition to his prison sentence, Capps was ordered to pay over $1.3 million in restitution.
For over 20 years, Capps used stolen identities to fraudulently apply for and receive SSA benefits. In total, Capps is responsible for receiving $1,364,648.40 in stolen funds from the SSA.
“For nearly two decades, Mr. Capps intentionally stole the identities of individuals to gain access to their Social Security benefits. This sentence demonstrates that we will continue to hold accountable those who criminally misuse the Social Security numbers of others for their own personal gain,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I thank the U.S. Attorney’s Office for prosecuting this case.”
“Our Financial Crimes and Public Corruption Section regularly partners with the Inspector General community to protect the public fisc,” said United States Attorney Gary Restaino. “Thanks to SSA-OIG for its efforts to safeguard the Social Security Trust Fund.”
The Social Security Administration Office of Inspector General conducted the investigation in this case. Assistant U.S. Attorney Andrew C. Stone, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-00584-PHX-GMS
RELEASE NUMBER: 2022-167_Capps# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former military spouse sentenced to 12 years in prison for attempted enticement of minorsRead the Press Release
Tacoma - A 37-year-old former military spouse was sentenced today in U.S. District Court in Tacoma to 12 years in prison for attempted enticement of a minor, announced U.S. Attorney Nick Brown. Jonathan David Carpenter was arrested in September 2018. In April of 2022, Carpenter pleaded guilty, admitting not only the attempted enticement, but also that prosecutors would be able to prove that he sexually assaulted two children under the age of 12 who had been left in his care. At Sentencing U.S. District Judge Robert J. Bryan said, “There is no doubt what happened here requires a serious sentence.”
“Mr. Carpenter impersonated a child in text messages, to try to get 12-year-olds to send him nude photos for his sexual gratification,” said U.S. Attorney Nick Brown. “This sentence also recognizes the significant evidence that he sexually assaulted children, as young as 7, who were left in his care. The prison term, the supervised release, and the fact that he will be a registered sex offender is designed to protect the community for as long as possible.”
According to records filed in the case in 2018, two children disclosed that they had been sexually assaulted by Carpenter when they were left in his care. The investigation revealed that Carpenter had taken the cell phone of one of the children, and posing as that child, texted three of the child’s friends asking for nude photos. None of the children sent photos. One child reported Carpenter’s conduct to a counselor at school. That report triggered the investigation.
Speaking to the court at sentencing, Assistant United States Attorney Kristine Foerster said, “Here we have a pattern of victimizing children… Children that are particularly vulnerable…. He used extreme cruelty in these rapes… He irrevocably changed these children’s lives.”
In addition to the prison time, Carpenter will be on supervised release for 20 years following prison and will be required to register as a sex offender.
The case was investigated by the FBI and the Army (CID).
The case was prosecuted by Assistant United States Attorneys Kristine Foerster, Laura Harmon, and Grady Leupold.
Former Rochester CEO Going to Prison for Defrauding His Own CompanyRead 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 Michael Margiotta, 51, of Rochester, NY, who was convicted of wire fraud and filing a false tax return, was sentenced to serve 46 months in prison by U.S. District Judge Charles J. Siragusa. Margiotta was also ordered to pay restitution totaling $914,810.52 to the IRS.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that Margiotta was employed as the Chief Executive Officer of eHealth Global Technologies. In May 2011, as eHealth CEO, Margiotta entered into a contract with Healthcare Network Alliance, LLC (HCNA) for employment recruiting services. HCNA was owned by Margiotta’s wife. The agreement provided that HCNA would be compensated if candidates referred to eHealth were hired. Between June 2011, and January 2014, Margiotta caused HCNA to submit invoices for recruiting services to eHealth that he knew that HCNA had not provided. For instance, on April 19, 2013, HCNA submitted an invoice to eHealth requesting payment of $44,000 for recruiting an employee. HCNA had not recruited the employee, and Margiotta knew that HCNA was not entitled to be paid a recruiting fee for the employee. In total, Margiotta caused HCNA to prepare and submit fraudulent invoices for approximately 23 employees of eHealth that HCNA had not recruited totaling $380,960.
In addition, Margiotta filed a false tax return for the year 2013, claiming income of $260,334, in actuality, his taxable income was $611,195.00, resulting in a tax loss to the IRS of $137,067.
The sentencing is the culmination of an investigation by the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office.
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