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21 September 2022
Tampa Man Sentenced for Role in Conspiracy to Defraud U.S. Department of AgricultureRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Ahmad Al Saleh (59, Tampa) to 12 months in federal prison for conspiracy to defraud and to make false statements to the United States Department of Agriculture (USDA). The court also ordered Al Saleh to make restitution to the USDA in the amount of $654,502.28.
According to court documents, Al Saleh joined in a conspiracy to defraud the USDA and to make false statements to the USDA in 2015 when he agreed to make false and fraudulent representations to the USDA that he was buying a St. Petersburg convenience store that was enrolled to accept USDA Supplemental Nutrition Assistance (SNAP) program benefits. SNAP is a program that supplements the food budget of needy families so they can purchase healthy food and move towards self-sufficiency. After the USDA prohibited the prior owner of the store from accepting any SNAP benefit purchases and prohibited him from even working at the store, he joined with Al Saleh and others to create false records and representations that Al Saleh had bought the store and that Al Saleh was operating it himself. In reality, the previous store owner continued to operate and manage the store and make profits from it, paying Al Saleh a small fee for the use of Al Saleh’s name as the store owner on USDA documents. During the time that the prior owner was still operating the store under the supposed ownership of Al Saleh, the prior owner committed numerous acts of SNAP benefits trafficking, during which he bought SNAP benefits from customers and paid for them in cash. The court determined that the losses which the prior owner caused to the SNAP program while engaging in this conduct during the time period of the supposed “ownership” of Al Saleh was at least $654,502.84.
This case was investigated by the United States Department of Agriculture -Office of Inspector General, the USDA Food and Nutrition Service, and Homeland Security Investigations, with the assistance from the St. Petersburg Police. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Supervisor of Colombian Maritime Cocaine Trafficking Conspiracy Sentenced to 15 Years in PrisonRead the Press Release
BOSTON – A Colombian man, who was extradited from Colombia after indictment, was sentenced today in federal court in Boston for his role in an international drug trafficking organization.
Henry Carrillo-Ramirez, 52, was sentenced by U.S. Senior District Court Judge William G. Young to 15 years in prison and five years of supervised release. In November 2019, Carrillo-Ramirez pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States, and four counts of possession with intent to distribute and distribution of five kilograms or more of cocaine on board a vessel subject to the jurisdiction of the United States. Carrillo-Ramirez was indicted in April 2017 and extradited from Colombia in April 2019.
Since 2013, Carrillo-Ramirez and at least four co-conspirators were involved in a conspiracy that trafficked thousands of kilograms of cocaine, sourced in Colombia, by boat via Venezuela to Spain, Puerto Rico, and other locations. The cocaine was sourced from the Catatumbo region of Colombia and transported to Isla Margarita, Venezuela. Thereafter – based on an agreed-upon date, time, sea coordinates, and code word – small motorboats carrying the cocaine would meet a fishing vessel located offshore onto which the cocaine was transferred and transported to points in Europe and the Caribbean. Carrillo-Ramirez played an indispensable part in the conspiracy – organizing the shipments and transportation of the cocaine from Colombia to Venezuela, managing logistics, providing at-sea coordinates, and serving as the communications hub of the conspiracy.
It is estimated that Carrillo-Ramirez and his co-conspirators successfully shipped approximately 1,200 kilograms of cocaine to Spain in June 2014. In all, law enforcement seized at least 2,235 kilograms of cocaine from Carrillo-Ramirez’s drug trafficking conspiracy.
In August 2014, an international law enforcement operation located and boarded a vessel travelling from South America to Spain and seized 960 kilograms of cocaine. In November 2014, an allied British vessel carrying U.S. Coast Guard officials interdicted a boat arranged by Carrillo-Ramirez and others destined for Puerto Rico that was approximately 30 nautical miles west of Montserrat. Once the vessel was stopped, the crew was observed jettisoning bales of cocaine, which were recovered and weighed 180 kilograms. The remaining bales were lost at sea. In December 2014, the Spanish Guardia Civil boarded another vessel in international waters arranged by Carrillo-Ramirez and others and seized an additional 728 kilos of cocaine. In August 2015, U.S. investigators disabled a Yamaha power boat in the Farjardo coast area of Puerto Rico that was arranged by Carrillo and others. A search of the proximate area recovered 13 bales containing nearly 400 kilograms of cocaine.
United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division, made the announcement. The Justice Department’s Office of International Affairs and the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attachés in Bogotá, Colombia, worked with law enforcement partners in Colombia to secure the arrest and extradition of Carrillo-Ramirez to the United States. Valuable assistance was provided by the Colombian National Police, the Spanish Guardia Civil and the Portuguese Air Force. Assistant U.S. Attorney Craig Estes of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
Spokane Woman Sentenced to 23 Years for Child Sex TraffickingRead the Press Release
Spokane – On September 21, 2022, U.S. District Judge Thomas O. Rice sentenced Kylie Ruby Flores, 31, of Spokane, to 23 years in prison for conspiracy to engage in the sex trafficking of a six-year-old girl, whom Flores made available to an adult man for sexual abuse in exchange for housing, cash, and sneakers. Flores will also be on federal supervision for the remainder of her life.
Flores conspired with codefendant Trever Harder to engage in the sex trafficking of a six-year-old girl. After meeting Harder online on the dating application Plenty of Fish, Flores knowingly agreed to trade sexual access to the girl for a place to stay, small amounts of cash, and the promise of new Nike running shoes. According to the Plea Agreements entered by Harder and Flores, the child was able to describe the specific ways that Harder sexually abused her, including acts of sodomy. Law enforcement officers recovered a video that Harder had recorded after he set up a camera on a cat tree in his apartment in Cheney, Washington. The video depicts Harder raping the little girl on the couch in his apartment. Harder has also pleaded guilty and is pending sentencing.
“The facts of this case present some of the most egregious sexual abuse of a child one can imagine. Today’s sentence is important, but it is equally important to remember that Flores’s sentence will likely be much shorter than the lifelong impact on the child,” said Vanessa R. Waldref, United States Attorney for the Eastern District. “No sentence can return the child’s innocence, but our community is now safer and stronger. Most important, the child is now in a safe place.” The U.S. Attorney emphasized the importance of protecting children. “The little girl in this case was only six years old when her abuse began. Thanks to an effective and cooperative investigation, she is neither missing nor murdered today—but she is not the only child in danger. Today’s sentence sends a clear message to those who seek to sexually abuse children: justice is coming.”
David M. Herzog, the Assistant United States Attorney who prosecuted the case, thanked the agencies responsible for the investigation and the protection of the young victim. “Incredibly dedicated FBI agents worked hand-in-hand with state, local, and tribal law enforcement to secure justice for the victim in this case. I am particularly grateful to Chelsea Sayles, the Quileute Tribal Attorney, and our partners with Quileute Indian Child Welfare, who worked hand-in-hand with the FBI and the US Attorney’s Office to protect this child from further sexual abuse.”
“It is inconceivable as a parent how someone could participate in the victimization of a child under their care.“ said Richard A. Collodi, Special Agent in Charge of the FBI’s Seattle field Office. “While the sentence in this case is significant and truly justified, it only brings a small measure of justice to the victim. I hope the dedication of FBI agents and our partners to hold predators like Ms. Flores accountable serves as a message to those who would victimize our most vulnerable among us.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the FBI’s Spokane Resident Office and the Spokane Police Department, with significant assistance from the Quileute Nation. The case was prosecuted by David M. Herzog, Assistant United States Attorney for the Eastern District of Washington
Southwest Georgia Man Sentenced to 60 Years in Prison for Producing Child Sexual Assault MaterialRead the Press Release
ALBANY, Ga. – A Lee County, Georgia, resident who admitted to producing child sexual assault material involving minor victims was sentenced to the statutory maximum prison term for his crimes.
James Henry Norris, 38, of Leesburg, Georgia, was sentenced to serve a total of 720 months in prison (360 months for each count) to be followed by 25 years of supervised release by U.S. District Judge Louis Sands today after he pleaded guilty to two counts of production of child sexual assault material. In addition, Norris will have to register as a sex offender for life upon his release from federal prison. There is no parole.
The plea agreement in this case remains sealed for the protection of the minor victims at the request of the U.S. Attorney’s Office.
“Law enforcement is committed to doing everything in our power to combat the exploitation and sexual assault of children,” said U.S. Attorney Peter D. Leary. “To that end, our office will pursue the maximum punishment allowed under law for those caught producing child sexual assault material.”
"The families of the minor victims and the victims themselves in this case could never find justice in any sentence Norris could have received," said Keri Farley, Special Agent in Charge of FBI Atlanta. “The FBI will work tirelessly with our partners to protect our children against those who seek to harm them.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by FBI. Assistant U.S. Attorney Leah McEwen is prosecuting this case.
South Florida Residents Indicted for Nationwide Interstate Moving Fraud SchemeRead the Press Release
MIAMI – Yesterday, Arvaham Zano, 36, of Hollywood, made his first appearance in federal court to face charges that he and a co-conspirator operated an interstate moving company scam that included inflating the costs of clients’ interstate moves, taking possession of client household belongings, failing to deliver the goods as promised, and abandoning them throughout the nation at undisclosed self-storage facilities, often resulting in the total loss of client property.
A South Florida federal grand jury indicted Zano and Sofein Mlayah, 28, of North Miami Beach on September 15, 2022, charging them with Conspiracy to Commit Interstate Transportation of Stolen Property, Wire Fraud, Interstate Transportation of Stolen Property, and Failure to Give Up Possession of Household Goods.
Law enforcement arrested Zano yesterday. Mlayah is scheduled to self-surrender to authorities in Denver, Colorado tomorrow, after which he will make his initial appearance in federal court there.
According to the allegations of the indictment, Zano owned Zano Moving and Storage, LLC, and acquired jobs through various moving brokers. The brokers would negotiate moving service fees with clients, then subcontract the moving jobs to Zano. With the subcontracts in hand, Zano and his drivers, including Mlayah, traveled to the job locations -- often on dates different from the ones originally scheduled and sometimes late at night -- and loaded the household items to be moved into rental trucks. Zano or Mlayah would tell clients that they had more household items than the moving broker originally estimated. Then, with the items already in the truck, they demanded more money to begin the move – sometimes two to three times more than the original estimate. If the clients refused, they risked losing their deposits and belongings. It is alleged that Zano and Mlayah argued with the victims and coerced them into paying more for their moves. On other occasions, Zano and Mlayah would not start loading the trucks until they received the higher fees or loaded the trucks but never delivered the items, according to the indictment. Most of the victims’ household items have never been recovered.
If convicted, Zano and Mlayah face up to 20 years in prison.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida; Robert M. DeWitt, Acting Special Agent in Charge, FBI Miami; and Todd Damiani, Special Agent in Charge, Department of Transportation Office of Inspector General (DOT-OIG), Southern Region, made the announcement.
FBI Miami and DOT-OIG investigated this case with assistance from the Sunny Isles Beach Police Department. The case is being prosecuted by Assistant U.S. Attorney Marc Anton.
An indictment contains mere allegations and defendants are presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 22-cr-60200.
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South Dakota Woman Sentenced for ManslaughterRead the Press Release
Acting United States Attorney Steven Russell announced that Jordon R. Whipple, 28, of Bonesteel, South Dakota, was sentenced today in federal court in Omaha, Nebraska, for involuntary manslaughter. United States District Court Judge Brian C. Buescher sentenced Whipple to 41 months’ imprisonment. There is no parole in the federal system. After her release from prison, Whipple will begin a three-year term of supervised release.
On August 16, 2020, Whipple, an enrolled member of the Santee Sioux Tribe, was driving in Santee while under the influence of alcohol when she lost control of the vehicle and crashed. The passenger, a young mother from Santee, was killed as a result of the injuries she sustained during the accident.
This case was investigated by the Federal Bureau of Investigation and the Santee Sioux Nation Police Department.
Silver Spring, Maryland Man Faces Federal Charges for Distribution of Fentanyl Resulting in the Death of a Minor VictimRead the Press Release
Greenbelt, Maryland – A criminal complaint has been filed charging Mikiyas Maryie Kefyalew, a/k/a “Mick”, age 24, of Silver Spring, Maryland, with distribution of fentanyl resulting in the death of a minor victim. The criminal complaint was unsealed upon his arrest on September 16, 2022. The defendant had his initial appearance in U.S. District Court in Greenbelt on September 16, 2022 before U.S. Magistrate Judge Ajmel A. Quereshi and was detained pending trial.
The criminal complaint was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration, Washington Division; Chief Marcus Jones of the Montgomery County Police Department; and Chief T. N. Treschuk of the Rockville City Police Department.
As a result of the death of a Bethesda, Maryland minor victim in January 2022, law enforcement discovered a counterfeit pill that appeared to be 30mg of oxycodone and alleged texts between the victim and Kefyalew. The pill was later tested by a forensic chemist and tested positive for fentanyl. Additionally, the Maryland Office of the Chief Medical Examiner the victim’s cause of death to be a fentanyl overdose. A forensic analysis of the victim’s cell phone revealed several alleged conversations between the victim and a contact saved as “Mick.” During the conversations, the victim and Kefyalew discussed meeting for a drug transaction.
As stated in court documents, a witness advised law enforcement the victim purchased “percs” from an individual known as “Mick”. The witness also described the “percs” to be small blue pills, which matched the pill found at the time of the victim’s death.
In August 2021, Kefyalew was issued a criminal citation for the possession of over 10 grams of marijuana. In that case, law enforcement found a small blue pill stamped with the writing “M 30” within the baggie of marijuana located in a vehicle where Kefyalew was seated at the time of his arrest. The pill was tested and was determined to be fentanyl, as well.
Further, as stated in the affidavit, in March 2022, law enforcement executed a search warrant on Kefyalew’s vehicle. As a result of the search warrant, officers found two cell phones, one of which contained multiple messages indicative of drug trafficking, including an October 2021 conversation in which an individual told Kefyalew that people using “percs” should get Narcan to prevent overdoses.
If convicted, Kefyalew faces a maximum sentence of life in federal prison for distribution of fentanyl resulting in death or serious bodily injury. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Erek L. Barron commended the DEA, the Montgomery County Police Department, and the Rockville Police Department for their work in the investigation and thanked the Metropolitan Police Department, the Prince George’s County Police Department, and the Montgomery County State's Attorney's Office for their assistance. Mr. Barron thanked Assistant U.S. Attorney Elizabeth Wright who is prosecuting the federal 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/community-outreach.
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Shiprock man sentenced to eight years in prison for assaultRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Quincee Zohnnie was sentenced on Sept. 20 to eight years in prison. Zohnnie, 26, of Shiprock, New Mexico, pleaded guilty on Oct. 26, 2021, to using a firearm during and in relation to a crime of violence and possessing a firearm in furtherance of such crime, assault with a dangerous weapon, and retaliating against a victim in Indian Country.
On June 14, 2020, Zohnnie was riding in the passenger seat of his girlfriend’s car when they spotted the victim, identified as John Doe, sitting outside his home on the Navajo Nation. Zohnnie argued with John Doe before going home and retrieving a firearm. Zohnnie returned to John Doe’s residence and fired multiple rounds at the house, which at the time of the incident was occupied by John Doe’s family, including a minor child.
Upon his release from prison, Zohnnie will be subject to three years of supervised release. Zohnnie must also surrender the firearms and ammunition associated with these crimes.
The Farmington Residency Agency of the FBI Albuquerque Field Office investigated this case with the assistance of the Navajo Nation Police Department. Assistant U.S. Attorneys Alexander F. Flores and Allison Jaros prosecuted the case.
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Seventh Defendant Sentenced in Murder of U.S. Border Patrol Agent Brian TerryRead the Press Release
TUCSON, Arizona – Jesus Rosario Favela-Astorga was sentenced in federal court today to 50 years in prison for the murder of United States Border Patrol Agent Brian Terry on December 14, 2010. Favela-Astorga pleaded guilty to Agent Terry’s murder in April 2022. He is the seventh and final defendant to be convicted and sentenced in this case.
“Today is for Brian Terry, and his loved ones and colleagues who waited eleven years to see justice come to all who were involved in his tragic murder,” said U.S. Attorney Randy S. Grossman of the Southern District of California. “We hope it fulfills the promise to everyone who protects us. We’ll relentlessly pursue justice against those who do them harm for as long as it takes.” Grossman thanked the prosecution team, the FBI and the U.S. Border Patrol for their relentless quest for justice in this matter.
Favela-Astorga admitted as part of his guilty plea, and evidence presented at two trials in this case in 2015 and 2019 established, that he was one of several armed bandits who had traveled from Mexico to the U.S. to hunt for marijuana smugglers to rob. At the time, Agent Terry and other members of the Border Patrol Tactical Unit (BORTAC) were on extended deployment in the desert to apprehend such robbery crews.
On December 14, near midnight, Agent Terry’s team attempted to arrest Favela-Astorga’s crew in a rural area north of Nogales, Arizona. A member of the robbery crew fired at the agents, hitting Agent Terry in the back and severing his spinal cord and aorta. According to evidence presented at the prior trials, Agent Terry called to a fellow agent, “Willie, I’m hit! I can’t feel my legs.” BORTAC agents, still under fire, tried to save Agent Terry but were unsuccessful.
Evidence from the trials established the five bandits at the scene were armed with four AK-47-style assault rifles and an AR-15 assault rifle and had food to last for days.
Favela-Astorga and others fled back to Mexico, leaving behind Manuel Osorio-Arellanes who had been shot in the stomach by agents. Manuel Osorio-Arellanes was convicted and sentenced in 2014 to 30 years in prison after cooperating in identifying other members of the robbery crew who were fugitives.
Mexican authorities arrested Favela-Astorga in October 2017 based on a provisional arrest warrant issued at the request of the United States. He was extradited to the United States in January 2020.
The other members of the robbery crew at the scene were Heraclio Osorio-Arellanes, Ivan Soto-Barraza, and Jesus Lionel Sanchez-Meza. All three were arrested in Mexico years after the shooting. Soto-Barraza and Sanchez-Meza were extradited to the United States in 2014, convicted at trial in December 2015, and sentenced to life in prison. Heraclio Osorio-Arellanes was extradited to the United States in 2018, convicted at trial in February 2019, and sentenced to life in prison.
In addition, Rosario Rafael Burboa-Alvarez pleaded guilty to murder and, while not at the firefight, admitted he recruited the crew members in Mexico. Burboa-Alvarez was sentenced to 324 months in prison. Border Patrol agents also had arrested Rito Osorio-Arellanes on immigration charges two days before the shootout, unaware he was part of the robbery crew. Osorio later pleaded guilty to conspiracy to interfere with commerce by robbery and was sentenced to 96 months in prison.
Agent Terry’s murder was principally investigated by the Federal Bureau of Investigation and the U.S. Border Patrol. The U.S. Marshals Service, the Mexican Navy (SEMAR), Mexico’s Office of the Attorney General (PGR), and the Department of Justice, Office of International Affairs, helped with Favela-Astorga’s apprehension and extradition.
“For over the last decade, the FBI and our partners have worked to bring justice to all involved in the killing of agent Brian Terry. We will not and did not waver in our commitment to ensure that those who commit acts of violence against law enforcement officials will be held accountable and punished to the fullest extent of the law,” said Chris Ormerod, Acting Special Agent in Charge of the FBI Phoenix Field Office. “We hope today’s final sentence will help bring a degree of comfort to Agent Terry’s family in knowing that all the individuals responsible for his murder have been brought to justice.”
“Today’s sentencing brings justice to the last of U.S. Border Patrol Agent Brian A. Terry’s murderers,” said Tucson Sector Chief Patrol Agent John Modlin.
“I thank the many law enforcement professionals who have worked on this case for over a decade and, in particular, acknowledge the dedication and efforts of FBI Special Agent Michelle Terwilliger who has led the investigation since the night of the shooting,” said Grossman.
The case was prosecuted by the U.S. Attorney’s Office for the Southern District of California after the U.S. Attorney’s Office for the District of Arizona was recused.
SUMMARY OF CHARGES Case No. 11-cr-0150-TUC-DCB-BGM
Jesus Rosario Favela-Astorga Age: 41 El Fuerte, Sinaloa, Mexico
Murder, Second Degree, in violation of 18 U.S.C. §§ 1111, 1114
Maximum Penalty: Life in prison
INVESTIGATING AGENCIES
Federal Bureau of Investigation
United States Border Patrol
Seminole County Man Extradited from Croatia Pleads Guilty to $7.2 Million COVID Relief FraudRead the Press Release
Orlando, Florida – United States Attorney Roger B. Handberg announces that Don V. Cisternino (46, Chuluota) has pleaded guilty to wire fraud, aggravated identity theft, and illegal monetary transaction. Cisternino faces a maximum penalty of 20 years in federal prison for the wire fraud, up to 10 years’ imprisonment for the illegal monetary transaction, and a mandatory consecutive sentence of 2 years in federal prison for the aggravated identity theft. A sentencing date has not yet been set.
According to the plea agreement, in May 2020, Cisternino fraudulently secured more than $7.2 million in emergency funds through a Paycheck Protection Program (“PPP”) loan.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted March 2020. It was designed to provide emergency financial assistance to millions of Americans who are suffering the economic effects resulting from the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in potentially forgivable loans to small businesses for job retention and certain other expenses through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding. The PPP allowed qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of one percent. Businesses were required to use PPP loan proceeds for payroll costs, interest on mortgages, rent, and utilities.
Cisternino’s PPP loan application falsely claimed that Cisternino’s business, MagnifiCo, had 441 employees and monthly payroll expenses in 2019 of more than $2.8 million. In truth, MagnifiCo, had no employees other than Cisternino. In support of his PPP loan application, Cisternino submitted false W-2s for MagnifiCo’s purported employees, many of which listed the names and Social Security numbers of actual persons who were not MagnifiCo employees and who had not authorized Cisternino to use their identities.
Once he obtained the emergency loan of $7.2 million, Cisternino did not use these funds for qualifying expenses. Instead, he spent the funds for unauthorized purposes and for his own personal enrichment, including the purchase of a Lincoln Navigator, a Maserati, Mercedes-Benz vehicles, and a 12,579 sq. ft. residence in Seminole County, Florida (pictured below).
On January 22, 2021, after learning that he was under investigation for PPP loan fraud, Cisternino fled to Switzerland. He was arrested on April 11, 2021, pursuant to an Interpol Red Notice, as he attempted to enter Croatia from Slovenia by way of Italy.
As part of his plea agreement, Cisternino agreed to forfeit the $7.2 million in proceeds that he had obtained through the wire fraud, as well as assets traceable to the fraud, including the 12,579 sq. ft. residence and approximately $1.1 million in funds held in bank accounts controlled by him or his associates.
This case was investigated by the Internal Revenue Service – Criminal Investigation, Tampa Field Office. The Justice Department’s Office of International Affairs provided valuable assistance in securing Cisternino’s arrest and extradition. It is being prosecuted by Assistant United States Attorney Chauncey A. Bratt, with assistance from Assistant United States Attorneys Nicole Andrejko and Jeremy Bloor.
Santo Domingo man arraigned for assault on a federal officerRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Travis Aguilar was arraigned on an indictment charging him with assault on a federal officer. Aguilar, 31, of Santo Domingo Pueblo, New Mexico, and an enrolled member of the Pueblo of Santo Domingo, will remain in custody pending trial, which has not been scheduled.
According to the indictment, on Nov. 10, 2021, Aguilar allegedly forcibly assaulted an officer of the Bureau of Indian Affairs (BIA) while the officer was engaged in official duties. Aguilar allegedly punched the officer in the face and threw the officer to the ground.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Aguilar faces up to 20 years in prison.
BIA investigated this case. Assistant United States Attorney Matthew McGinley is prosecuting the case.
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Prince William Man Convicted of Causing Multiple OverdosesRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Dumfries man today on charges of distribution of fentanyl resulting in death and serious bodily injury, and possession with the intent to distribute fentanyl.
According to court records and evidence presented at trial, on September 21, 2021, Michael Vaughn, 28, distributed cocaine laced with fentanyl at a party at an apartment in the Skyline area of Fairfax County. Six individuals took the substance, believing it to be cocaine. All six suffered overdoses and were transported to area hospitals. Five of the overdose victims were able to be saved by the administration of Narcan. However, the sixth individual died as a result of a fentanyl overdose. At trial, the evidence showed that Vaughn had intentionally added fentanyl to the cocaine. Additionally, Vaughn possessed approximately 60 additional grams of fentanyl powder at his residence when he was arrested on October 20, 2021.
Vaughn faces a mandatory minimum of 20 years in prison when sentenced on December 21. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division; and Kevin Davis, Fairfax County Chief of Police, made the announcement after U.S. District Judge Rossie D. Alston accepted the verdict.
Significant assistance was provided by the Prince William County Police Department.
Assistant U.S. Attorneys Rachael C. Tucker and Michael P. Ben’Ary are prosecuting 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. 1:21-cr-261.
President of Queens-Based Construction Company Charged with Fraud in Connection with Homeless Shelter Contracts Worth $12 MillionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Jonathan Mellone, Special Agent-in-Charge of the New York Region of the United States Department of Labor Office of Inspector General (“DOL-OIG”), and Jocelyn Strauber, the Commissioner of the New York City Department of Investigation (“NYC-DOI”), announced today the arrest of LIAQUAT CHEEMA and ALI CHEEMA on charges of wire fraud conspiracy, aggravated identity theft, and money laundering conspiracy for their role in a scheme to defraud New York City (the “City”) in connection with public contracts to perform general contracting work at City homeless shelters. Three other participants in the money laundering scheme, IRFAN BAJWA, SHOUKET CHUDHARY, a/k/a “Muhammad Shakoor Chudary,” a/k/a “Mohammad Shakoor Chudary,” and KHIZAR HAYAT were also arrested for their role in using bank accounts to receive proceeds of the fraud scheme and conducting financial transactions to conceal, among other things, the illegal source of the funds. In addition, LIAQUAT CHEEMA, BAJWA, CHUDHARY, and HAYAT were each charged in a separate scheme to fraudulently obtain tens of thousands of dollars-worth of Medicaid benefits. The defendants were arrested this morning in East Elmhurst and New Hyde Park, New York, and will be presented today before a magistrate judge in the Southern District of New York.
U.S. Attorney Damian Williams said: “The defendants entered into public contracts so that they could provide vital maintenance to homeless shelters to aid New York City’s most vulnerable residents; however, instead of honoring these contracts, the defendants allegedly concocted multiple schemes to steal public funds. Today’s arrests signal this Office’s continued commitment to combat any and all fraud and money laundering schemes.”
Special Agent-in-Charge Jonathan Mellone said: “An important mission of the U.S. Department of Labor Office of Inspector General is to investigate allegations of certain illicit and fraudulent employment practices. We will continue to work with our law enforcement partners to investigate these types of allegations.”
NYC-DOI Commissioner Jocelyn Strauber said: “As alleged, these defendants, contractors who work on New York City homeless shelters, used their contractor status to fraudulently siphon funds from the City. The charged scheme was vast and involved overbilling for material, false claims to prompt the issuance of paychecks to purported workers and the diversion of those paychecks to defendants, and the submission of false certifications that enabled defendants to wrongfully obtain Medicaid benefits. DOI thanks the City Department of Social Services for initially referring allegations of fraud to DOI and the United States Attorney's Office for the Southern District of New York and the U.S. Department of Labor Office of the Inspector General for their partnership on this investigation.”
As alleged in the Complaint unsealed today in Manhattan federal court:[1]
LIAQUAT CHEEMA and ALI CHEEMA were the President and, at least as of in or about 2015, the Vice President, respectively, of AFL Construction Co. Inc. (“AFL”), located in Queens, New York. AFL entered into public contracts with the City worth approximately $12 million to perform general contracting work at homeless shelters located in the City, including in the Southern District of New York. Pursuant to the contracts, AFL would perform, among other things, general maintenance, landscaping, roofing, and snow removal at shelter sites.
From at least in or about 2014 through at least in or about 2018, LIAQUAT CHEEMA and ALI CHEEMA used the contracts to fraudulently enrich themselves and steal from the City. In furtherance of the scheme, LIAQUAT CHEEMA and ALI CHEEMA, among other things, submitted fraudulent invoices and other documentation in support of requests for payment on the contracts, which falsely claimed that certain workers had performed work on certain projects and falsely inflated amounts paid by the defendants for materials purportedly used on such projects. These fraudulent invoices and supporting documentation contained, without authorization, the identities of other persons, including the names, and in at least one case, the social security number, of purported workers who in fact had not worked on the projects specified in the requests for payment submitted by LIAQUAT CHEEMA and ALI CHEEMA. To date, AFL has been paid at least $8 million for work purportedly performed pursuant to these contracts.
In addition, during the same period, LIAQUAT CHEEMA and ALI CHEEMA, as well as IRFAN BAJWA, SHOUKET CHUDHARY, and KHIZAR HAYAT used several bank accounts to receive the proceeds of the fraudulent scheme and conducted financial transactions to conceal, among other things, the illegal source of the funds. Those transactions included transfers of illicit proceeds into the defendants’ personal and business bank accounts via fraudulent checks in order to conceal the scheme. For example, certain of the defendants caused AFL to issue hundreds of checks to purported workers fraudulently listed in documentation submitted to the City in support of payment on the contracts but never delivered those checks to the purported workers; instead, the defendants deposited the checks into their own personal and business bank accounts.
LIAQUAT CHEEMA, IRFAN BAJWA, SHOUKET CHUDHARY, and KHIZAR HAYAT also fraudulently obtained tens of thousands of dollars-worth of Medicaid benefits by repeatedly submitting fraudulent certifications, which underreported their actual incomes and accordingly enabled them to obtain Medicaid benefits for which they were not eligible. In support of requests for Medicaid benefits, LIAQUAT CHEEMA, BAJWA, CHUDHARY, and HAYAT repeatedly submitted nearly identical employment letters, which, among other misrepresentations, contained the name and purported signature of a purported “Project Manager” who, in fact, was deceased.
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LIAQUAT CHEEMA, 62, of East Elmhurst, New York, is charged with one count of wire fraud conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of money laundering conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of health care fraud conspiracy, which carries a maximum potential sentence of 10 years in prison; and two counts of aggravated identity theft, each of which carry a mandatory sentence of two years in prison.
ALI CHEEMA, 31, of East Elmhurst, New York, is charged with one count of wire fraud conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of money laundering conspiracy, which carries a maximum potential sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.
IRFAN BAJWA, 42, of New Hyde Park, New York, SHOUKET CHUDHARY, 64, of East Elmhurst, New York, and KHIZAR HAYAT, 46, of East Elmhurst, New York, are each charged with one count of money laundering conspiracy, which carries a maximum potential sentence of 20 years in prison; one count of health care fraud conspiracy, which carries a maximum potential sentence of 10 years in prison; and one count of aggravated identity theft, which carries a mandatory sentence of two years in prison.
The maximum potential penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of DOL-OIG and NYC-DOI.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorney Timothy V. Capozzi is in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint constitutes only allegations, and every fact described herein should be treated as an allegation.
Physician Pleads Guilty to Making False Statements for More Than 2,000 Medicare, Medicaid PatientsRead the Press Release
KANSAS CITY, Mo. – A former Joplin, Mo., physician pleaded guilty in federal court today to falsely certifying that products and tests were medically necessary for more than 2,000 Medicare and Medicaid patients in Missouri whom he never met or examined.
“This physician violated his oath and abused his trusted position to support a fraud scheme that cost taxpayers millions of dollars,” said U.S. Attorney Teresa Moore. “He will be held accountable for the specific and essential role he played in the deceit as the larger investigation into other aspects of this criminal scheme unfolds in other courtrooms across the nation.”
Oluwatobi Alabi Yerokun, 36, of Washington, D.C., pleaded guilty before U.S. District Judge Howard F. Sachs to one count of conspiracy to make false statements related to health care matters.
“Physicians who submit false claims to Medicare and Medicaid for their own financial gain undermine the economy and integrity of federal health care programs,” said Curt L. Muller, Special Agent in Charge with the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG is committed to working with our law enforcement partners to ensure that bad actors are held accountable for their health care fraud schemes.”
From February 2019 to April 2021, certain individuals and entities – including marketing, physician recruiting, and telemedicine companies – developed a scheme that targeted the Medicare and Medicaid programs to obtain millions of dollars in reimbursements from those programs.
Yerokun, a physician who practiced medicine in the state of Missouri, among other places, contracted with a staffing company to work as a telemedicine provider. The firm, identified in court documents as Company A, gave Yerokun access to electronic portals so that he could receive information about the patients assigned to him. Yerokun reviewed the information and electronically signed the patient forms and orders he received from Company A.
By pleading guilty today, Yerokun admitted that he signed the patient forms and certified that durable medical equipment or genetic tests were medically necessary. For the genetic tests, he also signed a separate letter of medical necessity. Yerokun knew that his orders would be used to submit claims for payments to Medicare and Medicaid, which paid claims submitted by the durable medical equipment companies and testing laboratories.
Yerokun had no doctor-patient relationship with the Medicare or Medicaid beneficiaries for whom he signed orders and certified medical necessity. He did not see or communicate with any of them. Before Yerokun signed the orders, he made little effort to find out how or from whom the patient information was obtained, who collected the information, the qualifications of any person gathering or providing the information, or whether the information was accurate and complete. Yerokun provided no follow-up care for these patients after he signed the orders for them to receive durable medical equipment or genetic testing.
By knowingly and willfully electronically signing the orders, Yerokun made false and fraudulent statements and documents certifying medical necessity. The statements and documents were false because, among other things, Yerokun did not have adequate information to assess medical necessity for the beneficiaries.
Yerokun rarely, if ever, declined to sign any orders he received from Company A. For many or most of the patients, less than a minute elapsed between when Yerokun accessed the patient’s information through the electronic portal and when he signed the order for durable medical equipment or genetic testing. Accordingly, he knew his false and fraudulent statements and documents were untrue when he made them.
The orders that Yerokun signed were submitted to durable medical equipment companies and clinical testing laboratories, many of whom paid illegal kickbacks to individuals and entities unknown to Yerokun.
Yerokun ordered durable medical equipment and genetic tests for 2,184 Medicare beneficiaries between March 2019 and April 2021. Company A paid Yerokun approximately $20 for each order that he signed, for a total of $44,860.
The orders that Yerokun signed for durable medical equipment for Medicare beneficiaries caused Medicare to be billed more than $6.2 million, and Medicare actually paid those companies almost $3.1 million.
The orders that Yerokum signed for genetic testing for Medicaid beneficiaries caused Medicaid to be billed more than $2.5 million by the laboratories, and Medicaid actually paid those companies almost $525,000.
Under federal statutes, Yerokun is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Cindi Woolery. It was investigated by the Department of Health and Human Services, Office of Inspector General and the Missouri Attorney General Medicaid Fraud Control Unit.
Philadelphia Man Arrested for Gun-Point Robbery of an Armored Truck in WilmingtonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that a federal grand jury returned an indictment last week charging a Philadelphia man with robbing an armored security truck at gunpoint.
According to the court documents, on June 10, 2022, Tayion Spencer, 31, robbed an armored truck used to collect and deliver U.S. currency in Wilmington, Delaware. Spencer previously worked for the armored truck company he robbed, and he wore his former employer’s uniform during the robbery. During the robbery, Spencer brandished and aimed a firearm at the armored truck driver. A scuffle then ensued where Spencer tasered the driver, stole the driver’s firearm, and drove away in the armored truck.
The Delaware State Police (“DSP”) and FBI located video surveillance showing Spencer fleeing the scene and abandoning the armored truck for a car registered to him. DSP and FBI agents located the armored truck nearby. Spencer stole over $100,000 in cash.
On June 21, 2022, Palm Beach Police arrested Spencer in Florida after he fled a traffic stop and crashed into a marked police vehicle, following a police pursuit. Palm Beach Police recovered a loaded Glock semi-automatic handgun, a taser matching the one used during the robbery, a ski mask, Spencer’s employment paperwork, and approximately $3,200.
If convicted of Hobbs Act Robbery, carjacking, and brandishing and use of a firearm in relation to a crime of violence, Spencer faces a mandatory minimum of 7 years and maximum penalty of life in prison. A federal district court judge will determine any sentence after consideration of the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Weiss stated, “Mr. Spencer is charged with Hobbs Act Robbery, carjacking, and using a firearm during that robbery. While fleeing law enforcement, he recklessly endangered others. My office and our federal, state, and local law enforcement partners are committed to holding individuals accountable who participate in violent criminal activity.”
This case is being investigated by the Delaware State Police and the FBI. Assistant U.S. Attorney Kevin P. Pierce is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
Pascagoula Man Sentenced for Possession of a Firearm by a Convicted FelonRead the Press Release
Gulfport, Miss. - A Pascagoula man was sentenced to 41 months in federal prison for being a convicted felon in possession of a firearm, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of The Bureau of Alcohol, Tobacco, Firearms and Explosives.
Johnny Elliott Washington a/k/a Johnnie Elliot Washington, 54, was sentenced in U.S. District Court in Gulfport.
According to court documents, on July 13, 2020, Washington sold two firearms to a confidential source at a residence in Moss Point, Mississippi. Washington was previously convicted of possession of a controlled substance in Harrison County, Mississippi. As a convicted felon, he is prohibited from possessing a firearm.
Washington was indicted by a federal grand jury on March 20, 2021, and pled guilty on May 26, 2022.
The case was investigated by The Bureau of Alcohol, Tobacco, Firearms and Explosives and the South Mississippi Metro Enforcement Team.
The case was prosecuted by Assistant U.S. Attorney Andrea Jones.
Ohio Man Arrested for Child Pornography OffenseRead the Press Release
BOSTON – An Ohio man has been arrested in connection with possessing child sexual abuse material (CSAM).
Thiago da Silva Pinheiro, 42, of Cincinnati, Ohio was charged with one count of possession of child pornography. Following an initial appearance in federal court in Boston today before U.S. District Court Magistrate Judge Paul G. Levenson, Pinheiro was detained pending a detention hearing scheduled for Sept. 22, 2022.
According to the charging documents, on Sept. 20, 2022, Pinheiro flew from Ontario, Canada to Boston with an ultimate destination of Brazil. During a screening by Customs and Border Protection at Logan Airport, customs officers observed apparent CSAM on Pinheiro’s tablet. It is alleged that a preliminary review of the tablet revealed approximately 2,800 videos and images depicting apparent CSAM, some of which depicted children as young as two to four years old.
The charge of possession of child pornography provides for a sentence of up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in New England made the announcement today. Valuable assistance was provided by Customs and Border Protection. Assistant U.S. Attorney Meghan C. Cleary of Rollins’ Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Norfolk Man Pleads Guilty to Possessing a Firearm Used in an Attempted Malicious WoundingRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty today to being a felon in possession of a firearm.
According to court documents, on May 7, 2021, Louis Bernard Lee, III, 26, was stopped by an Old Dominion University Police Department (ODUPD) officer for speeding. Lee had an outstanding warrant for an attempted malicious wounding that occurred on April 26, 2021. During the arrest, ODUPD discovered two firearms in Lee’s vehicle. Also recovered from the vehicle was a 30-round magazine and a 50-round drum magazine. Lee was previously convicted of a felony in the City of Norfolk and was prohibited from possessing firearms.
Lee admitted he used one of the firearms recovered from the vehicle in a shooting on April 26, 2021. For the April 2021 shooting he was convicted in Norfolk Circuit Court for attempted malicious wounding, use of a firearm in a felony, and possession of a firearm by a convicted felon. Lee was sentenced for those charges on December 22, 2021, and received a 4-year sentence.
Lee is scheduled to be sentenced for his federal conviction on February 10, 2023. He faces a maximum penalty of 10 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Ramin Fatehi, Norfolk Commonwealth’s Attorney; and Charlie J. Patterson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ Washington Field Division, made the announcement after U.S. Magistrate Judge Robert Krask accepted the plea.
Special Assistant U.S. Attorney Graham M. Stolle and Assistant U.S. Attorney John F. Butler are prosecuting the case. Stolle also serves as an Assistant Norfolk Commonwealth Attorney.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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. 2:22-cr-85.
Niagara Falls Man Going to Prison for Possession of Child Pornography and Cutting Off His Ankle MonitorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Carl Anthony, 69, of Niagara Falls, NY, who was convicted of possession of child pornography and conversion of government property, was sentenced to serve nine years in prison and 10 years supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Charles M. Kruly, who handled the case, stated that in December 2018, and January 2019, Anthony secretly video-recorded a 12-year-old girl changing and showering in a bathroom. In July 2019, a federal search warrant was executed at Anthony's Niagara Falls residence. The two videos were found on a hard drive that was seized during the execution of the search warrant. As a result, in December 2019, Anthony was arrested and charged by criminal complaint, and released on conditions, including the condition that Anthony participate in a home detention program monitored by GPS. In April 2020, Anthony requested to go to the hospital, claiming to possibly have contracted COVID-19, which was approved by his Pretrial Services Officer. After arriving at the hospital, however, Anthony cut his ankle monitor, left the monitor in a mailbox, and fled. On April 14, 2020, Anthony was arrested by the U.S. Marshals Service in San Diego, California.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Buffalo Office, under the direction of Special Agent-in-Charge Stephen Belongia; the U.S. Marshals Service, under the direction of Marshal Charles Salina; and the Town of Niagara Police Department, under the direction of Chief H. James Suitor.
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New York Woman Sentenced to 15 Months for Bribery Offenses for Illicit Massage ParlorsRead the Press Release
RALEIGH, N.C. – A Flushing, NY woman was sentenced today to 15 months in prison for making bribe payments to protect her illicit massage parlors in Cary and Wilmington from law enforcement scrutiny in 2020 and 2021. On March 31, 2022, Xiang Yue Jin pled guilty to the charge. She was also fined $50,000 and ordered to forfeit $90,000.
According to court documents, in August 2020, the Department of Homeland Security, Homeland Security Investigations (HSI) began an investigation into illicit massage parlors in Durham, Raleigh, and Wilmington, where clients could obtain sexual services. A source arranged a meeting at which Jin met an HSI agent who was serving in an undercover capacity by posing as a corrupt federal agent. Jin, who owned two illicit massage parlors – one in Cary and one in Wilmington – arranged to pay the undercover agent $2,000 each month to avoid law enforcement scrutiny. From August 2020 until June 2021, Jin paid a total of $18,000 in bribes to the undercover agent. Jin also asked the undercover agent to perform “checks” at competing businesses to scare away customers and possibly allow her to purchase additional parlors at a reduced price, and even asked the undercover agent to invest in additional parlors with her. In April and May 2021, investigators conducted surveillance at Jin’s parlors and initiated traffic stops with clients seen entering and leaving the businesses and nearly every customer admitted to receiving sexual services from the masseuses employed by Jin. On June 16, 2021, with the assistance of numerous law enforcement agencies, HSI led a coordinated takedown across four different federal districts that included the execution of search warrants at eight different massage parlors, multiple residences, and the arrest of six individuals. The takedown included two illicit massage parlors (Cary and Wilmington) owned and operated by Jin, and a Cary apartment Jin leased.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Department of Homeland Security, Homeland Security Investigations led the investigation, with assistance from the Federal Bureau of Investigation, the Wake County Sheriff’s Office, the Durham County Sheriff’s Office, the Cary Police Department, the New Hanover County Sheriff’s Office, the Wilmington Police Department, the Horry County Police Department, the United States Marshals Service, and other state and local investigators.. Former Assistant U.S. Attorney Erin Blondel and Assistant U.S. Attorney Bryan Stephany 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. 5:21-CR-00266-BO.
New York Woman Pleads Guilty to Trafficking FentanylRead the Press Release
BOSTON – A New York woman pleaded guilty on Sept. 15, 2022 in federal court in Boston in connection with trafficking five kilograms of fentanyl.
Shanese DeJesus, 25, pleaded guilty to one count of distribution and possession with intent to distribute 400 grams or more fentanyl. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Dec. 15, 2022. DeJesus was indicted by a federal grand jury on Jan. 5, 2022.
“Lives of real people in our communities are being destroyed by opioids on a daily basis. These are brothers, sisters, mothers, fathers, sons and daughters. Ms. DeJesus trafficked five kilograms of fentanyl, a drug that kills more Americans each year than any other,” said United States Attorney Rachael S. Rollins. “We will continue to prosecute anyone who jeopardizes the wellbeing of residents of our Commonwealth by distributing deadly drugs.”
“The state of Massachusetts is faced with an opioid crisis unlike ever before,” said Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division. “Those responsible for distributing lethal drugs like fentanyl to the citizens of Massachusetts need to be held accountable for their actions. DEA will aggressively pursue Drug Trafficking Organizations and individuals like Ms. DeJesus who distribute this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
In October 2021, DeJesus drove from the New York City area to a hotel parking lot in Andover to deliver approximately five kilograms of fentanyl to a cooperating source. Upon arriving in the parking lot, DeJesus retrieved a shopping bag from her trunk and entered the source’s vehicle. Inside the shopping bag were two UPS boxes that were addressed to DeJesus’ home in Brooklyn, N.Y. and contained a total of five kilograms of fentanyl.
The charge of distribution and possession with intent to distribute 400 grams or more of fentanyl provides for a sentence of at least 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins; DEA SAC Boyle; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Colonel Nathan Noyes, Director of the New Hampshire State Police made the announcement. Assistant U.S. Attorney John T. Mulcahy of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
New York Man Sentenced to 20 Months’ Imprisonment for Firearms OffenseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Walik Skeete, age 46, of Binghamton, New York, was sentenced on September 20, 2022, by U.S. District Court Judge Robert D. Mariani, to 20 months’ imprisonment for being a convicted felon in possession of a firearm and ammunition.
According to United States Attorney Gerard M. Karam, the charge stems from an incident in which members of the Pennsylvania State Police stopped Skeete’s vehicle in Susquehanna County for vehicle code violations and subsequently located a loaded Beretta 9mm pistol in Skeete’s vehicle. Skeete has a prior felony conviction and is therefore prohibited from possessing a firearm or ammunition.
The investigation was conducted by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco and Firearms (ATF). Assistant United States Attorney Robert J. O’Hara prosecuted the 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.
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Nebraska City Woman Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – Tabitha Standley, age 34 of Nebraska City, Nebraska, was sentenced on Tuesday, September 20, 2022, to 120 months in prison following her plea to a charge of possession with intent to distribute methamphetamine.
On October 18, 2021, Standley was arrested at the Horseshoe Casino on an unrelated felony warrant. Officers performed a probable cause search of the Standley’s vehicle and located over 300 grams of methamphetamine which Standley had intended to distribute.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department, Southwest Iowa Narcotics Task Force, Douglas County Sheriff’s Office, and Division of Narcotics Enforcement investigated the case.
Moses Lake Resident Pleads Guilty to Fraudulently Obtaining $50,000 in COVID-19 Relief FundsRead the Press Release
Spokane, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Dondre Charles Jackson, age 29, of Moses Lake, Washington, pled guilty to fraudulently obtaining $49,999 in COVID-19 relief funds. This case is part of the Eastern Washington COVID-19 Fraud Strike Force launched by the U.S. Attorney’s Office earlier this year. District Judge Thomas O. Rice accepted Thomas’ guilty plea, and set sentencing for January 5, 2023 at 10:00 a.m. in Spokane, Washington.
On March 27, 2020, the President signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act provided a number of programs through which eligible small businesses could request and obtain relief funding intended to mitigate the economic impacts of the pandemic for small and local businesses. One such program, the Paycheck Protection Program (PPP), provided forgivable loans to eligible small businesses for job retention and certain other expenses.
According to the plea agreement and information disclosed in court proceedings, Jackson fraudulently obtained two PPP loans totaling $49,999 for his purported catering and food service business, and submitted fraudulent tax documentation in support of his application. According to the plea agreement and other information disclosed during court proceedings, Jackson’s business was fictitious, the documentation he provided was false and fraudulent, and he was therefore not eligible for any PPP funding.
“COVID-19 relief programs quickly ran out of money due to the number of people and businesses that requested funding, which meant that some deserving small businesses were not able to obtain funding to keep their businesses in operation during the COVID-19 pandemic,” said U.S. Attorney Waldref. “We created the Eastern Washington COVID-19 Fraud Strike Force because it is critical to the strength and safety of our communities that we all work together to combat pandemic-related fraud and bring much-needed accountability to these programs. The Strike Force works to ensure that limited resources are used to protect our local small businesses and the critical jobs and services that they provide for the community.”
In February 2022, U.S. Attorney Waldref and the U.S. Attorney’s Office began working with federal law enforcement agencies to create and launch a COVID-19 Fraud Strike Force that would leverage partnerships between different agencies to aggressively investigate and prosecute fraud against COVID-19 relief programs in Eastern Washington. The Strike Force consists of agency representatives from the U.S. Attorney’s Office, Small Business Administration (SBA) Office of Inspector General (OIG), Federal Bureau of Investigation (FBI), U.S. Department of the Treasury Inspector General for Tax Administration (TIGTA), U.S. Secret Service, U.S. Homeland Security Investigations (HSI), U.S. Department of Veterans Affairs OIG, General Services Administration OIG, Internal Revenue Service, Department of Energy OIG, Department of Homeland Security OIG, and others. Cases investigated and prosecuted by the Strike Force have resulted in numerous indictments, criminal prosecutions, and other penalties.
“I commend the stellar investigative work on these cases performed by the Strike Force and especially in this case by SBA OIG and the Secret Service,” said U.S. Attorney Waldref. “We will continue to work with our law enforcement partners to strengthen our communities by protecting our small and local businesses.”
“In addition to the Small Business Administration, Office of Inspector General and other Task Force partners, Greg Ligouri, Resident Agent in Charge of the Spokane Office of the U.S. Secret Service, expressed his thanks and appreciation to the Grant County Sheriff’s Office and Moses Lake Police Department for their collaboration in this investigation. RAIC Ligouri went on to say that communities are safer and better served when law enforcement agencies are able to marshal resources as was done in this case.”
The case was investigated by the Eastern Washington COVID-19 Fraud Strike Force, and in particular by the SBA OIG and U.S. Secret Service. Assistant United States Attorneys Dan Fruchter and Tyler H.L. Tornabene are prosecuting this case on behalf of the United States.
Minden Man Sentenced for Bank Fraud OffenseRead the Press Release
COUNCIL BLUFFS, IA – Stewart Jerome Messerschmidt, age 60, of Minden, was sentenced on Tuesday, September 20, 2022, to two months in prison followed by five years of Supervised Release following his plea to a charge of bank fraud.
Messerschmidt made false statements to Shelby County State Bank (SCSB) regarding collateral for his farm loans. During 2017 and 2018, Messerschmidt also provided false information on applications for Marketing Assistance Loans from the Farm Service Agency (FSA) for Messerschmidt’s 2018 farm production. The fraud was discovered during an investigation by SCSB and FSA which showed that Messerschmidt had overstated the grain he produced, had claimed grain belonging to other producers, and falsified the number of cattle he owned.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The U.S. Department of Agriculture Office of the Inspector General and the Federal Bureau of Investigation investigated the case.
Michigan Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Kymoni Davis, also known as “Money,” 33, of Redford, Michigan, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, Davis admitted to possessing a Ruger & Co., model P95 DC, 9mm pistol on January 1, 2020. Davis had been ejected from a New Year’s Eve party at the Kulture Hookah Bar in Huntington on December 31, 2019. Sometime after midnight, Davis returned to the bar and fired the pistol through the front door, injuring seven individuals. Davis then fled the scene.
The shooting was captured on surveillance video, which along with statements from witnesses helped to identify Davis. Spent casings at the scene collected by law enforcement officers were later matched with a firearm seized by Charleston Police officers in an unrelated investigation. Davis was arrested in the Detroit area several months later and returned to West Virginia.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Davis knew he was prohibited from possessing a firearm because of his prior felony convictions for uttering and publishing in Kalamazoo County, Michigan, Circuit Court on March 26, 2018, false pretenses with intent to defraud in Kent County, Michigan, Circuit Court on May 24, 2018, and delivering a check without account in Wayne County, Michigan, Circuit Court on January 25, 2019.
Davis is scheduled to be sentenced on December 19, 2022, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine.
“This conviction shows that this office will not tolerate this type of violence around Huntington or any other part of this district,” said United States Attorney Will Thompson. “I commend the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department for their investigative work and Assistant United States Attorney Greg McVey for prosecuting the case.”
“Protecting the public is ATF’s top priority,” said Special Agent in Charge Shawn Morrow of ATF’s Louisville Division. “Working with local police to provide federal resources, like the National Integrated Ballistics Information Network, is one of the ways we accomplish our mission. This case demonstrates how violent offenders are removed from the street when they use firearms to commit violent crimes. I commend Huntington Police Department, ATF’s Charleston Field Office, and the prosecution team for their work to bring justice to the victims in this case.”
“The Huntington Police Department, along with the U.S. Attorney’s Office, ATF and the Cabell County Prosecutor’s Office worked tirelessly to apprehend and prosecute Kymoni Davis,” said Huntington Police Chief Karl Colder. “I am thankful for the partnerships we have with these agencies that lead to such successful outcomes and protect Huntington from this type of gun violence and violent individuals. I also want to thank each of the individual detectives, agents and prosecutors who devote so much time and effort into these violent cases. We will continue working with the Cabell County Prosecutor’s Office to pursue state charges, which will include several violent felonies related to the events of that evening.”
United States District Judge Robert C. Chambers presided over the hearing.
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.
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. 3:20-cr-18.
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Mexican Drug Trafficker Extradited to the United States on Federal ViolationsRead the Press Release
PLANO, Texas – A Mexican national with dual citizenship has been extradited from Mexico to the United States to face drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Nazario Cavazos-DeLuna, 59, of Mexico, was indicted by a federal grand jury on Oct. 14, 2010, and charged with continuing a criminal enterprise; conspiracy to distribute or possess with intent to distribute cocaine, methamphetamine, marijuana, or ecstasy; conspiracy to commit money laundering; using or carrying a firearm during a drug trafficking crime or possessing a firearm in furtherance of a drug trafficking crime.
Cavazos-DeLuna is a dual citizen of Mexico and the United States, receiving his naturalization in October 1995. Cavazos-DeLuna was arrested in Mexico pursuant to a provisional arrest request by the United States and subsequently, extradited to the United States on Sep. 20, 2022. He appeared in federal court in Plano, Texas on Sep. 21, 2022, for an initial appearance and arraignment and was ordered to be detained pending trial.
According to the indictment, Cavazos-DeLuna is the long-term leader of a large-scale, international organization importing large quantities of multiple types of drugs into the United States from Mexico. The drugs include methamphetamine, cocaine, and marijuana. He was headquartered in the United States but fled to Mexico where he was captured and extradited.
If convicted, Cavazos-DeLuna faces 10 years to life in federal prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is being investigated by Homeland Security Investigations and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys in the Eastern District of Texas.
The Justice Department’s Office of International Affairs and Office of Enforcement Operations worked with law enforcement partners in Mexico to secure the arrest and extradition of Cavazos to the United States. Special thanks to the Government of Mexico for their help in the capture and extradition of Cavazos-DeLuna.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Methamphetamine Dealer Sentenced to More Than 12 Years in PrisonRead the Press Release
East St. Louis, Ill. – Antonio M. Brown, 38, of St. Louis, Missouri, was sentenced to 151 months in prison for distribution of methamphetamine on Monday, September 19, 2022. Following his release from federal prison, Brown must complete five years of supervised release.
The offense occurred in early February 2021, while Brown was on supervised release for federal firearms offenses. A federal grand jury indicted Brown on September 21, 2021, for one count of distribution of a controlled substance. Brown was indicted for distributing crystal methamphetamine in Sauget, Ill., but evidence showed that Brown was also selling the drug in bulk from his residence in south St. Louis, Missouri. Children were present in the home while drug transactions occurred. Based upon evidence of drug dealing activity at his residence, federal agents applied for and executed a search warrant of Brown’s home. Brown pled guilty on April 14, 2022.“Crystal methamphetamine is dangerous in any amount, no matter where it comes from,” said United
States Attorney Rachelle Aud Crowe. “With the assistance of our state and local partners, federal law enforcement officials will track drug dealers across state lines and hold them accountable for their crimes. Repeat offenders, like this defendant, who endanger the public are deserving of the significant sentences they receive.”
The Drug Enforcement Administration (DEA) conducted the investigation. Assistant United States
Attorney John Trippi prosecuted the case.
This case was 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. Ad itional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.Men Who Stole Pistol from Seller in Parking Lot Sentenced to 18+ Years in PrisonRead the Press Release
Two defendants who stole guns from a man in an Arlington parking lot have been sentenced to a combined 18 years in federal prison, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Cuedell Javon Henry, 20, and Tyrique Raashad Wesley, 25, were charged via criminal complaint in July 2021. They both subsequently pleaded guilty to possession of a stolen firearm. Mr. Wesley was sentenced in May 2022 to 105 months in federal prison; Mr. Henry was sentenced Wednesday to 120 months in federal prison, to run consecutive a 180 month sentence handed down by the state.
“It is legal for hobbyists to sell off a few guns, but we urge them to exercise caution when doing so. Criminals – particularly those legally barred from possessing firearms – will often stop at nothing, including violence, to get their hands on guns,” said U.S. Attorney Chad E. Meacham.
“Stolen firearms are generally taken by offenders for further criminal use and pose a significant threat to our communities. ATF will continue to work with Arlington Police Department and other partners to investigate and disrupt these crimes,” said ATF Dallas Acting Special Agent in Charge James VanVliet.
According to court documents, in the summer of 2021, Mr. Henry and Mr. Wesley contacted a man who advertised two 9mm pistols for sale on texasguntrader.com, claiming they wanted to purchase the guns. The three men agreed to meet in a parking lot in Arlington.
Once there, the defendants asked if they could examine the firearms. After emptying the chamber of ammunition, the man obliged.
Mr. Henry loaded one of the pistols and pointed it at the victim; meanwhile Mr. Wesley – a convicted felon who was not legally allowed to possess firearms – tucked the other pistol into his waistband. Armed with the two guns, the pair fled the scene in a 2013 Dodge Charger. The seller gave chase, and was able to take down the car’s license plate.
Based on the victim’s descriptions of Mr. Henry’s tattoos, law enforcement identified him. A review of his Instagram account showed him posing with multiple firearms, including a pistol similar to the one that had been stolen.
Law enforcement then located his Dodge Charger at a townhome in Arlington. There, they observed Mr. Henry and Mr. Wesley load a black bag into the vehicle and drive away.
Officers attempted to conduct a traffic stop, but Mr. Wesley, who was driving the vehicle, initially managed to evade them. They found the vehicle abandoned, with the front doors open, a short while later. Eventually, officers located and arrested Mr. Wesley, who gave chase on foot, and Mr. Henry.
Agents found on of the stolen guns inside the Dodge Charger, and another inside the townhome.
In plea papers, both men admitted to possessing the weapons.
The Bureau of Alcohol, Tobacco, Firearms, & Explosives’ Dallas Field Division and the Arlington Police Department’s Gun Crime Unit conducted the investigation. Assistant U.S. Attorneys Doug Allen and Alex Lewis prosecuted the case.
Man charged with coercion of a minor in Las CrucesRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Shah Mahmood Selab made an initial appearance in federal court on a criminal complaint charging him with coercion and enticement of a minor. Selab, 35, of Las Cruces, New Mexico, will remain in custody pending a detention hearing, which has not been scheduled.
According to the complaint, on Aug. 12, Selab allegedly approached a 12-year-old boy at Youngs Park in Las Cruces near a local middle school. The victim was sitting on a bench when Selab began asking the victim personal questions, and then invited the victim to sit with him on another bench in the shade. After moving to the other bench, Selab allegedly used his cellphone to show the victim photos and videos that were sexual in nature. Selab allegedly touched the victim inappropriately.
The victim attempted to walk away, but Selab allegedly followed him and punched him in the face multiple times. Selab allegedly asked the victim to get into his vehicle and offered the victim $20 to allow Selab to touch him.
The victim attempted to call 911 and retreated to the restrooms where he closed himself in a stall. The complaint alleges that Selab followed the victim into the restrooms and pulled him from the stall. Selab allegedly locked the restroom door to prevent the victim from leaving, began kissing the victim’s face, and put a $20 bill in the victim’s hand. Selab also allegedly attempted to force the victim to touch Selab.
After another person arrived at the restroom and knocked at the door, the victim escaped from Selab.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Selab faces a minimum of 10 years and up to life in prison.
Homeland Security Investigations (HSI) investigated this case with assistance from the Las Cruces Police Department. Assistant United States Attorneys Joni Autrey Stahl and Maria McCarthy Villalobos are prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
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Luzerne County Man Indicted for Drug Trafficking OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dario George, age 31, of Nanticoke, Pennsylvania, was indicted yesterday by a federal grand jury for drug trafficking offenses.
According to United States Attorney Gerard M. Karam, the indictment charges George with four counts of distribution of fentanyl and/or cocaine, and one count of possession with intent to distribute fentanyl, heroin and cocaine. The offenses occurred between November 23, 2021 and May 19, 2022, in Luzerne County.
The charges against George resulted from an investigation conducted by the Pennsylvania State Police, the Pennsylvania Office of Attorney General Bureau of Narcotics Investigation, and the FBI Safe Streets Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
The case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is also 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.
Under federal law, George faces a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, a term of supervised release and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Local smuggler sentenced after high-speed ride left six hospitalizedRead the Press Release
BROWNSVILLE, Texas – A 30-year-old Brownsville man has been sent to federal prison following his conviction of transporting undocumented aliens within the United States for private financial gain, announced U.S. Attorney Jennifer B. Lowery.
Manuel Hernandez Jr. pleaded guilty April 13.
Today, U.S. District Judge Rolando Olvera ordered Hernandez to serve 57 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard how surveillance video caught Hernandez racing past Garden Park Elementary at 96 mph in a red Chevy Tahoe just 30 minutes before school release.
Seconds later, additional surveillance video shows Hernandez crashing into another vehicle while Hernandez was seen fleeing on foot. The court heard additional testimony regarding the life threatening injuries the other driver sustained - a punctured lung, a damaged vocal cord, severe head trauma, four broken ribs, a broken clavicle, a broken scapula and broken teeth. The government also presented evidence detailing three separate occasions Hernandez admitted to smuggling illegal aliens. In handing down the sentence, the court noted Hernandez will be responsible for paying restitution.
The investigation began after law enforcement saw several individuals circumventing a port of entry and entering a nearby Chevrolet Tahoe. Hernandez was driving the vehicle when it departed from the area at nearly 100 m.p.h.
Hernandez was captured on surveillance video racing past an elementary school and crashing into another vehicle which resulted in the hospitalization of six people. He fled from the scene, but authorities later located him and took him into custody.
Hernandez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol and the Brownsville Police Department conducted the investigation. Assistant U.S. Attorney Megan Eyes prosecuted the case.
Lincoln Man Sentenced to 20 Years for Possession with Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Steven Russell announced that Leonard C. Woodrum, Jr., 57, of Lincoln, Nebraska, was sentenced on September 21, 2022, in federal court in Lincoln. United States District Judge John M. Gerrard sentenced Woodrum, Jr. to 240 months in prison for possession with intent to distribute 500 grams or more of a mixture or substance containing methamphetamine. Woodrum faced a mandatory minimum sentence of 15 years in prison due to a prior conviction for distribution of a controlled substance in Lancaster County District Court. The court also ordered the forfeiture of $16,865 related to the offense. After serving his sentence, Woodrum, Jr. will be placed on supervised release for 10 years. There is no parole in the federal system.
On July 9, 2021, a Nebraska State Patrol trooper stopped a vehicle driven by Woodrum Jr. for a traffic violation in Lancaster County. While completing the traffic stop, the trooper did a K9 sniff of Woodrum’s vehicle, and the dog indicated to the presence of narcotics. The vehicle was searched. Methamphetamine was found in the trunk. A lab determined that there was a total of 1,437 grams of methamphetamine mixture seized from the vehicle. Some of that methamphetamine was tested for purity, and the lab determined that it contained at least 730 grams of actual methamphetamine. Cocaine, LSD, MDMA, numerous self-seal baggies, and several scales were also found in the vehicle. A total of $16,865 in cash was seized from Woodrum’s vehicle and his person.
This case was investigated by the Lincoln / Lancaster County Narcotics Task Force.
Las Vegas Man Indicted for Carjacking and Firearm Offenses After Shooting at Police and A Civilian During FlightRead the Press Release
LAS VEGAS – A Las Vegas man made his initial appearance today before U.S. Magistrate Judge Cam Ferenbach for two carjackings involving separate victims. The defendant shot at both the victim and police during the second incident.
Justin Venegas (40) is charged by indictment with two counts of carjacking, brandishing a firearm during and in relation to a crime of violence, discharging a firearm during and in relation to a crime of violence, and felon in possession of a firearm. A jury trial has been scheduled for November 14, 2022, before U.S. District Judge Gloria M. Navarro.
According to allegations made in the indictment, on August 11, 2022, Venegas carjacked an individual who was in a Chevrolet Avalanche. Later, he attempted to carjack a second victim who was in a Toyota Highlander. He shot at and struck the second carjacking victim using a handgun with an obliterated serial number. Venegas is a convicted felon, and he is prohibited by law from possessing a firearm.
If convicted, the statutory maximum penalty for each count of carjacking is 15 years in prison; the statutory maximum penalty for brandishing and discharging a firearm during and in relation to a crime of violence is life in prison; and the statutory maximum penalty for felon in possession of a firearm is 15 years in prison.
U.S. Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Spencer L. Evans for the FBI made the announcement.
This case was investigated by the FBI and Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Allison Reese is prosecuting the case.
The charges contained in the indictment are merely allegations and the defendant is presumed innocent unless and until proven guilty.
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Kissimmee Man Pleads Guilty to COVID Relief Fraud ChargesRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announces Levelle Joseph Harris (36, Kissimmee) has entered a guilty plea to an indictment charging him with 14 counts of wire fraud. Each count is punishable by up to 20 years in federal prison and a $250,000 fine. Harris had been indicted on June 7, 2022.
According to the court records, between May 27, 2020, and June 2, 2021, Harris applied for 14 Paycheck Protection Program (PPP) loans under the Coronavirus Aid, Relief, and Economic Security (CARES) Act using false information. As part of Harris’s scheme to defraud, he electronically submitted applications for the PPP loans over the internet, made false representations on his PPP applications, and received proceeds from the loans through wire transfers over the internet. Harris also provided fake supporting documentation for his loan applications. Once his fraudulent applications were approved, he received over $1 million in internet wire transfers that were supposed to be used to cover payroll, fixed debts, utilities, rent/mortgage, accounts payable and other bills. Instead, Harris used the money for his personal expenses.
This case is being prosecuted as part the Department of Justice’s prosecution of fraud schemes that exploit the CARES Act relief programs. The CARES Act is a federal law enacted in March 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One of the two programs that were developed through CARES Act is the PPP. It provides funding to businesses through PPP loans for payroll costs, interest on mortgages, rent and utilities. PPP allows the interest and principal on loans to be forgiven if the business spends proceeds on certain expense items within a designated time and uses a certain percentage of the loan on payroll expenses. The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the crisis.
This case is being investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Justice Department Secures Settlements with CarMax, Axis Analytics, Capital One Bank and Walmart for Posting Discriminatory Job Advertisements on College Recruiting PlatformsRead the Press Release
The Department of Justice today announced that it entered into another four settlements to resolve claims that companies discriminated against non-U.S. citizens by posting job opportunities with unlawful citizenship status restrictions on college job recruiting platforms. These four agreements add to the department’s recent settlements with 16 other companies to resolve similar claims in June 2022, bringing the total civil penalty amount for all 20 employers to over $1.1 million.
“With these four new settlements, the department has now held 20 companies accountable this year for hiring discrimination against students based on their citizenship status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division is committed to enforcing the law to ensure that job seekers — including lawful permanent residents, U.S. nationals, asylees and refugees — are not unlawfully excluded from job opportunities for which they are qualified.”
The department’s involvement in these matters began after a Georgia Institute of Technology (Georgia Tech) student, who was a lawful permanent resident at the time, filed a discrimination complaint with the Civil Rights Division’s Immigrant and Employee Rights Section. The student’s complaint alleged that Capital One Bank restricted a paid internship opportunity only to U.S. citizens when it posted the job on a Georgia Tech job recruitment platform. During its investigation, the department learned about dozens of other facially discriminatory advertisements employers posted on Georgia Tech’s job recruiting platform as well as other platforms operated by colleges across the United States. The department proceeded to open investigations of the 20 employers with which it has already settled, and continues to investigate additional employers.
The department’s investigation found that each of the four companies posted at least one job announcement excluding non-U.S. citizens on an online job recruitment platform operated by Georgia Tech. Three of the companies — CarMax, Axis Analytics and Capital One Bank — also posted discriminatory advertisements on other college job platforms. The department determined that the advertisements deterred qualified students from applying for jobs because of their citizenship status, and in many cases the citizenship status restrictions also blocked students from applying or even meeting with company recruiters.
The new settlements require the four companies — CarMax, Axis Analytics LLC (aka Axis Group), Capital One Bank and Walmart — to pay a total of $331,520 in civil penalties, depending on the number of discriminatory advertisements they posted. CarMax will pay $186,480; Axis Analytics will pay $53,872; Capital One Bank will pay $49,728; and Walmart will pay $41,440. In addition to paying civil penalties, the four employers must also require their recruiting staff to undergo training on their obligations under the Immigration and Nationality Act’s (INA) anti-discrimination provision and to refrain from including specific citizenship or immigration status designations in their campus job postings unless the restrictions are required by law. They will also ensure that their other recruiting practices and policies comply with the INA’s anti-discrimination provision.
The INA generally prohibits employers and recruiters from limiting jobs based on citizenship or immigration status unless required by a law, regulation, executive order or government contract. The INA protects U.S. citizens, U.S. nationals, refugees, asylees, and recent lawful permanent residents from citizenship status discrimination in hiring, firing and recruitment or referral for a fee.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. IER’s website has more information on how employers can avoid discriminating based on citizenship status when hiring and recruiting. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public can also call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Justice Department Announces More Than $246 Million in Grants for Tribal NationsRead the Press Release
The Justice Department announced today that it will award more than $246 million in grants to American Indian and Alaska Native communities to improve public safety and serve crime victims. The announcement coincides with the 17th Annual Government-to-Government Violence Against Women Tribal Consultation, which is being held from Sept. 21st to 23rd in Anchorage, Alaska.
“Each year, this event serves as a necessary reminder of the violence perpetrated against women in Tribal communities across the country, as well as an important opportunity to confront this public safety crisis with the urgency it demands,” said Attorney General Merrick B. Garland. “The Justice Department remains committed to honoring our nation-to-nation partnerships and to making Tribal communities safer.”
The purpose of this event is to solicit recommendations from Tribal leaders on administering Tribal funds and programs and enhancing the safety of American Indian and Alaska Native women from domestic and dating violence, sexual assault, homicide, stalking, and sex trafficking, along with strengthening the federal response to these crimes. The annual consultation, convened by the Office on Violence Against Women (OVW), is required by law to address the federal administration of Tribal grant funds and programs established under the Violence Against Women Act of 1994 (VAWA) and its subsequent reauthorizations. In addition to addressing violent crimes that disproportionately harm women and girls, the consultation will also focus on ways to improve access to local, regional, state, and federal crime information databases and criminal justice information systems.
More than four in five American Indian and Alaska Native adults have suffered some form of violence in their lifetime. This equates to nearly three million people who have experienced stalking, sexual violence or physical violence by intimate partners.
“With this 17th annual consultation, the first to be held in Alaska, the Department of Justice honors our special government-to-government relationship with Native leaders,” said Deputy Attorney General Lisa O. Monaco. “We also renew our commitment to listen to these leaders, the ones who know best how to make their communities safer. Together, we can make significant progress toward ending violence against women.”
“Ensuring access to justice for all is at the core of the Justice Department’s mission and is the key objective of multiple efforts across the Department,” said Associate Attorney General Vanita Gupta. “Although we have made progress in addressing domestic and sexual violence against people in Native communities, we know there is more work to be done and we are committed to doing it.”
The Tribal grant awards are designed to help enhance Tribal justice systems and strengthen law enforcement responses, improve the handling of child abuse cases, combat domestic and sexual violence, support Tribal youth programs, and fund an array of services for American Indian and Alaska Native crime victims. The awards are administered through OVW, the Office of Justice Programs (OJP), and the Office of Community Oriented Policing Services (COPS Office).
“Every day, these funds help Tribal governments, coalitions, advocates, and service providers meet survivors’ needs – and that is vital, due to the epidemic levels of violence that Indigenous communities face,” said OVW Acting Director Allison Randall. “Tribes know best what interventions will bring justice for survivors. We are honored to support Tribal communities as they implement strategies that align with community values and practices. Tribal grantees have told us that this funding changed the care they can provide and made a profound difference in survivors’ lives.”
OVW will award $28.04 million to 30 grantees under its Tribal Governments Program, which enhances Tribes’ ability to respond to domestic violence, dating violence, sexual assault, stalking, and sex trafficking against Indian women, support survivor safety, and develop education and prevention strategies. To facilitate the development and operation of nonprofit, nongovernmental Tribal domestic violence and sexual assault coalitions, $6.38 million will be awarded to 19 grantees through the Tribal Coalitions Program.
OVW will also award seven grants totaling $3.67 million under the Tribal Sexual Assault Services Program, which supports projects to create, maintain, and expand services for sexual assault survivors provided by Tribes, Tribal organizations, and nonprofits within Tribal lands. Finally, under the Tribal Jurisdiction Program, four grants totaling $1.53 million will be awarded to Tribal governments to provide support and technical assistance in planning and implementing changes in their criminal justice systems to exercise special criminal jurisdiction and for expenses incurred in exercising the jurisdiction.
OJP’s Office for Victims of Crime (OVC) has awarded more than $116 million through the Tribal Victim Services Set-Aside (TVSSA) to support the provision of services for crime victims in Tribal communities. Of special note is that FY 2022 TVSSA funding can now be used to help missing or murdered indigenous persons (MMIP) by providing services to the family members of MMIP victims; generating awareness of MMIP among community members in general as well as individual MMIP cases; and collaborating with Tribal, federal, and state and local officials to respond to MMIP cases. Another $2.95 million was awarded through OVC’s Project Beacon: Increasing Access to Services for Urban American Indian and Alaska Native Victims of Human Trafficking Program, created to increase the quantity and quality of victim-centered services available to assist Tribal victims of human trafficking in urban areas.
The Department also funded more than $6 million through OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking to help tribes comply with federal law on sex offender registration and notification. Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
“It is through collaborations such as this that the Department of Justice is able to fully engage and connect with our Tribal partners, hearing directly from Tribal professionals about their challenges and the resources that would best help them meet those challenges,” said Office of Justice Programs Principal Deputy Assistant Attorney General Amy L. Solomon. “It’s a privilege to work hand-in-hand with Tribal leaders to strengthen public safety, improve victim services and sustain crime prevention and intervention efforts.”
More than $82.2 million was awarded under the Coordinated Tribal Assistance Solicitation, or CTAS, a streamlined application which helps tribes apply for Tribal-specific grant programs that enhance law enforcement and Tribal justice practices, expand victim services and support prevention and intervention. CTAS grants are administered by OJP ($54.49 million) and the COPS Office ($27.72 million).
“The COPS Office values our partnership with Tribal law enforcement and is pleased to announce these critical public safety grants,” said Acting Director Robert Chapman of the COPS Office. “Law enforcement across the country is experiencing challenges, and those challenges are particularly compounded for Tribal law enforcement. The awards announced today will help with recruitment and retention of law enforcement positions, and ensure those officers have the training and equipment needed to protect and serve their respective communities.”
Under CTAS, the COPS Office awarded $27.72 million through awards to 47 Tribes to expand the implementation of community policing and meet the most serious needs of law enforcement in Tribal nations through a broadened comprehensive program. The funding can be used to hire or re-hire full-time career law enforcement officers and village public safety officers as well as to procure basic equipment, technology, and training to assist in the initiation or enhancement of Tribal community policing efforts.
Illinois Man Sentenced to 39 Months in Prison for Stealing Unemployment Insurance Benefits While IncarceratedRead the Press Release
NEWARK, N.J. – An Illinois man was sentenced to 39 months in prison for using other individuals’ personal identification information to fraudulently obtain unemployment insurance benefits while he was incarcerated, U.S. Attorney Philip R. Sellinger announced.
Devontae Stokes, 28, of Country Club Hills, Illinois, previously pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with conspiring to commit wire fraud. Judge Arleo imposed the sentence by videoconference on Sept. 19, 2022.
According to documents filed in the case and statements made in court:
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. The CARES Act created a new temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA), which provided unemployment insurance benefits for individuals who were not eligible for other types of unemployment (e.g., the self-employed, independent contractors, gig economy workers). The CARES Act also created a new temporary federal program called Federal Pandemic Unemployment Assistance (FPUC) that provided an additional weekly benefit to those eligible for PUA and regular unemployment insurance benefits.
Between August 2020 and November 2020, Stokes was incarcerated at FCI Fort Dix, a federal correctional institutional with an adjacent satellite camp located in Fort Dix, New Jersey. Stokes and his conspirators obtained personal identification information (PII), including names, dates of birth, and Social Security numbers belonging to other individuals without those individuals’ knowledge and consent. Stokes and his conspirators then used the PII to make fraudulent unemployment insurance benefits applications and obtained more than $140,000 in benefits.
In addition to the prison term, Judge Arleo sentenced Stokes to three years of supervised release and ordered him to pay restitution in the amount of $143,290 and forfeiture in the amount of $143,290.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Jonathan Mellone, in New York; special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark; special agents with the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Acting Special Agent in Charge Richard W. Reinhold in Newark; and special agents of the United States Treasury Inspector General for Tax Administration, under the direction of Special Agent in Charge Dale Forrester, Cybercrime Investigations Division, with the investigation leading to the sentencing.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Defense counsel: K. Anthony Thomas Esq., Assistant Federal Public Defender, Newark
Idaho white supremacist who assaulted a Black man pleads guilty to hate crime and false statement chargeRead the Press Release
Seattle – An Idaho man pleaded guilty today to hate crime and false statement charges in the U.S. District Court for the Western District of Washington. Jason Stanley, 46, pleaded guilty to committing a hate crime for his participation in the assault of T.S., a Black man, which occurred because of the man’s actual and perceived race at a bar in Lynnwood, Washington, on Dec. 8, 2018. Three other white supremacists earlier pled guilty for their roles in this assault.
“The defendant, a known white supremacist, singled out and attacked a Black man because of his race - violent, hate-driven conduct that has no place in our society today,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The convictions that we have secured in this case make clear that the Department of Justice will continue to use every resource at its disposal to fight white supremacist violence.”
“The defendants in this case came to Washington state to commemorate their hateful embrace of white supremacy,” said U.S. Attorney Nick Brown for the Western District of Washington. “But they did not find the welcoming environment they expected. The victim in this case, and those who defended him from the assault, demonstrated one of our core values in Western Washington: hate has no place here. We will continue our work to prosecute those who engage in hate and bias crimes, and to ensure the civil rights of all members of our community. This work is one of the top priorities for the Justice Department, my office, and our law enforcement partners.”
“Mr. Stanley and the other subjects in this case attacked and injured the victim based on his race,” said Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office. “Until all citizens in Washington state feel safe from threats and violence based on their race, ethnicity, gender, or beliefs, the FBI will continue our commitment to investigating federal hate crimes and protecting civil rights.”
In his plea agreement, Stanley admitted that, at the time of the assault, he was a member of a white supremacist group. On Dec. 8, 2018, Stanley entered a bar in Lynnwood, Washington, with others, including members of two related white supremacist groups. Stanley wore clothing and patches indicating his group membership and repeatedly gave “Nazi salutes” inside the bar. While at the bar, Stanley and others assaulted T.S, a Black man who was serving as the disc jockey at the bar. Stanley believed that T.S. was being disrespectful to the members of the white supremacist groups after T.S. objected to group members manipulating his DJ equipment without his permission. Stanley and others punched, kicked, and stomped on T.S., and called T.S. racial slurs. As a result of the assault, T.S. suffered bodily injuries. Two bystanders attempted to intervene to help T.S. and stop the assault. Both bystanders were assaulted by members of the white supremacist groups, and both sustained injuries.
In addition to the hate crime charge, Stanley pleaded guilty to making false statements to FBI agents about the circumstances surrounding the assault. Specifically, Stanley falsely claimed to the agents that he was not even present in the state of Washington during the weekend of the assault. This statement was false, in that Stanley knew he had traveled to Washington to attend a gathering of white supremacists, and while he was there, he participated in the assault of T.S. at the Lynwood bar. Stanley made this false statement to the FBI because he wanted to cover up his involvement in the assault of T.S.
Stanley is scheduled for sentencing on January 6, 2023. The hate crime charge carries a maximum penalty of ten years in prison. The false statement charge carries a maximum penalty of up to five years in prison.
Stanley was charged in an indictment that was unsealed on Dec. 18, 2020. The seven-count indictment also charged three other men, each aiding and abetting one another, with punching and kicking T.S. while making derogatory comments about his actual and perceived race. The indictment further charged Stanley and the three other men with assaulting two men who intervened to protect T.S. during the attack, as well as with making false statements to the FBI during the course of their investigation. The three other men charged in this case, Jason DeSimas, Randy Smith, and Daniel Dorson, have each pleaded guilty in this matter.
The FBI investigated this case with the support of the Snohomish County Sheriff’s Office. Trial Attorney Christine M. Siscaretti of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington are prosecuting the case.
Idaho White Supremacist Who Assaulted a Black Man Pleads Guilty to Hate Crime and False Statement ChargeRead the Press Release
An Idaho man pleaded guilty today to hate crime and false statement charges in the U.S. District Court for the Western District of Washington. Jason Stanley, 46, pleaded guilty to committing a hate crime for his participation in the assault of T.S., a Black man, which occurred because of the man’s actual and perceived race at a bar in Lynnwood, Washington, on Dec. 8, 2018. Three other white supremacists earlier pled guilty for their roles in this assault.
“The defendant, a known white supremacist, singled out and attacked a Black man because of his race – violent, hate-driven conduct that has no place in our society today,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The convictions that we have secured in this case make clear that the Department of Justice will continue to use every resource at its disposal to fight white supremacist violence.”
“The defendants in this case came to Washington state to commemorate their hateful embrace of white supremacy,” said U.S. Attorney Nick Brown for the Western District of Washington. “But they did not find the welcoming environment they expected. The victim in this case, and those who defended him from the assault, demonstrated one of our core values in Western Washington: hate has no place here. We will continue our work to prosecute those who engage in hate and bias crimes, and to ensure the civil rights of all members of our community. This work is one of the top priorities for the Justice Department, my office and our law enforcement partners.”
“Mr. Stanley and the other subjects in this case attacked and injured the victim based on his race,” said Special Agent in Charge Richard A. Collodi of the FBI Seattle Field Office. “Until all citizens in Washington state feel safe from threats and violence based on their race, ethnicity, gender or beliefs, the FBI will continue our commitment to investigating federal hate crimes and protecting civil rights.”
In his plea agreement, Stanley admitted that, at the time of the assault, he was a member of a white supremacist group. On Dec. 8, 2018, Stanley entered a bar in Lynnwood, Washington, with others, including members of two related white supremacist groups. Stanley wore clothing and patches indicating his group membership and repeatedly gave “Nazi salutes” inside the bar. While at the bar, Stanley and others assaulted T.S, a Black man who was serving as the disc jockey at the bar. Stanley believed that T.S. was being disrespectful to the members of the white supremacist groups after T.S. objected to group members manipulating his DJ equipment without his permission. Stanley and others punched, kicked, and stomped on T.S., and called T.S. racial slurs. As a result of the assault, T.S. suffered bodily injuries. Two bystanders attempted to intervene to help T.S. and stop the assault. Both bystanders were assaulted by members of the white supremacist groups, and both sustained injuries.
In addition to the hate crime charge, Stanley pleaded guilty to making false statements to FBI agents about the circumstances surrounding the assault. Specifically, Stanley falsely claimed to the agents that he was not even present in the state of Washington during the weekend of the assault. This statement was false, in that Stanley knew he had traveled to Washington to attend a gathering of white supremacists, and while he was there, he participated in the assault of T.S. at the Lynwood bar. Stanley made this false statement to the FBI because he wanted to cover up his involvement in the assault of T.S.
Stanley will be sentenced on Jan. 6, 2023. The hate crime charge carries a maximum penalty of ten years in prison. The false statement charge carries a maximum penalty of up to five years in prison.
Stanley was charged in an indictment that was unsealed on Dec. 18, 2020. The seven-count indictment also charged three other men, each aiding and abetting one another, with punching and kicking T.S. while making derogatory comments about his actual and perceived race. The indictment further charged Stanley and the three other men with assaulting two men who intervened to protect T.S. during the attack, as well as with making false statements to the FBI during the course of their investigation. The three other men charged in this case, Jason DeSimas, Randy Smith, and Daniel Dorson, have each pleaded guilty in this matter.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Nicholas W. Brown for the Western District of Washington made the announcement.
The FBI investigated this case with the support of the Snohomish County Sheriff’s Office. Trial Attorney Christine M. Siscaretti of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Rebecca S. Cohen for the Western District of Washington are prosecuting the case.
Huntington Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Terrance Eric Foster, 45, of Huntington, pleaded guilty today to possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence.
According to court documents and statements made in court, on May 15, 2022, law enforcement officers encountered Foster in a vehicle parked off of Morrow Road in Huntington. Foster was wearing an empty gun holster on his hip. Officers searched the vehicle and found a Smith & Wesson, 38 Special caliber revolver in the glove compartment. Foster admitted to possessing the firearm, which was later found to have been stolen.
Federal law prohibits a person with a prior conviction for a misdemeanor crime of domestic violence from possessing a firearm or ammunition. Foster knew he was prohibited from possessing a firearm because of his prior convictions for domestic violence on a family or household member in Belmont County, Ohio, Court of Common Pleas on February 20, 2004, and for domestic violence on a family or household member in Belmont County, Ohio, Northern Division Court on October 9, 2002.
Foster is scheduled to be sentenced on December 19, 2022, and faces a maximum penalty of 10 years in prison, three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-133.
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Howell Township Man Sentenced to 18 Months in Prison for Subscribing to False Tax ReturnsRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man who ran an illegal gambling business was sentenced to 18 months in prison for filing a false tax return, U.S. Attorney Philip R. Sellinger announced.
Steven Bryce, 52, of Howell Township, New Jersey, previously pleaded guilty before U.S. District Judge Anne E. Thompson to Count Five of an indictment charging him with subscribing to a false tax return. U.S. District Judge Zahid N. Quraishi imposed the sentence on Sept. 20, 2022, in Trenton federal court.
According to documents filed in this case and statements made in court:
In 2013, Bryce operated an illegal gambling business. On July 14, 2014, Bryce filed with the IRS U.S. Individual Income Tax Return, Form 1040, for the calendar year 2013 on behalf of himself and his spouse, which falsely stated that they had total income of $112,899. The 2013 tax return was not true and correct: Bryce received significant income from his gambling business, and, as a result, had income substantially in excess of the amount he reported. As part of his plea agreement, Bryce agreed to pay full restitution of $338,885 to the IRS for tax losses resulting from false tax returns filed by Bryce for calendar years 2011 to 2016.
In addition to the prison term, Judge Quraishi sentenced Bryce to one year of supervised release, a $50,000 fine, and ordered to pay $338,885 in restitution.
U.S. Attorney Sellinger credited special agents of the IRS-Criminal Investigations, under the direction of Acting Special Agent in Charge Tammy Tomlins, and special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the sentencing.
The government is represented by Assistant U.S. Attorneys Sara F. Merin and J Fortier Imbert of the Special Prosecutions Division in Newark.
Defense counsel: Edward C. Bertuccio Hamilton, New Jersey
Holland Woman Charged with Obtaining Millions in Fraudulent Tax Refund Scheme and Laundering MoneyRead the Press Release
TOLEDO – Teresia M. Jones, 34, of Holland, Ohio, was arraigned today in front of Magistrate Judge Darrell A. Clay in Toledo, Ohio, after she was charged in a 17-count indictment with one count of wire fraud, one count of theft of government funds, two counts of aggravated identity theft and twelve counts of money laundering.
According to the indictment, beginning in January 2020, Jones is accused of defrauding the IRS through a wide-ranging tax refund scheme by submitting false and fraudulent tax filings using stolen identities and claiming millions of dollars in improper tax refunds.
In addition, the indictment alleges that Jones laundered the stolen tax funds by purchasing a 2022 Cadillac Escalade for over $150,000, real property for over $850,000 and wedding planning services for $65,000, among other transactions. The indictment also identifies for forfeiture the Cadillac Escalade, a 2022 Dodge Ram truck, two parcels of real property and approximately $320,000 seized from bank accounts.
Jones pleaded not guilty to all counts during the arraignment and was released on bond.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the IRS Criminal Investigations (CI) and the United States Secret Service (USSS). This case is being prosecuted by Assistant U.S. Attorneys Gene Crawford and Robert Patton.
Harrisburg Woman Charged with Failing to Collect and Pay Employment TaxesRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dary T. Son, age 36, of Harrisburg, Pennsylvania, was charged in a criminal information yesterday with failing to collect and pay over employment taxes to the Internal Revenue Service.
According to United States Attorney Gerard M. Karam, the information alleges that from June 2015 through August 2019, Son, the owner of Pennsylvania-based temporary staffing company DS Agency, failed to collect and pay on behalf of her employees approximately $591,822.99 in taxes owed to the IRS.
The case was investigated by the IRS Criminal Investigation Division. Assistant U.S. Attorney Ravi Romel Sharma is prosecuting the case.
The maximum penalty for this offense under federal law is five years of imprisonment, a term of supervised release following imprisonment, and a fine of up to $10,000. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Guilty Verdict in Trial of Florida Man Who Ditched Drugs Out of a Car Window During a High-Speed Chase from Georgia to AlabamaRead the Press Release
COLUMBUS, Ga. – A Florida man was found guilty by a federal jury yesterday afternoon on all counts of a three-count indictment charging him with the armed distribution of methamphetamine and heroin.
Constantine Varsamas Varazo, II, 31, of Pensacola, Florida, was convicted of one count possession with intent to distribute methamphetamine, one count of possession with intent to distribute heroin and one count of possession of a firearm in furtherance of a drug trafficking crime on Sept. 20. The verdict was reached following a two-day trial that began on Sept. 19 before U.S. District Judge Clay Land. Varazo faces a maximum of life imprisonment and a maximum $10,000,000 fine. Co-defendants Robert Louis Perkins, 38, and Taylor F. Perkins, 33, both of Pensacola, previously pleaded guilty on Aug. 18 and Aug. 16, respectively, to possession with intent to distribute heroin. They each face a maximum of 20 years in prison to be followed by at least three years of supervised release and a $1,000,000 fine. Sentencing for the defendants is scheduled for Dec. 13.
“The defendant did everything he could to evade justice by dumping multiple bags of dangerous controlled substances and a weapon out of a car window as his co-defendant attempted to flee law enforcement at high speeds; thankfully no one was injured as a result of the defendants’ reckless decisions,” said U.S. Attorney Peter D. Leary. “I want to acknowledge the Randolph County Sheriff’s Office and K-9 Unit, the Quitman County Sheriff’s Office and the Eufala Police Department for preventing greater harm to citizens and ultimately stopping some of the most addictive and deadly drugs from hitting the streets.”
According to court documents and evidence presented at trial, a Randolph County Sheriff’s Deputy attempted to conduct a routine traffic stop on the night of March 15, 2020, on a car driven by defendant Robert Perkins; defendant Taylor Perkins was in the passenger seat and Varazo was seated in the back. The traffic stop started on Highway 82 at mile post 17 in Randolph County, Georgia; Perkins initially began to slow down, but increased his speed to over 140 miles per hour. As the vehicle was fleeing, the deputy radioed for assistance as objects were being thrown out of the window of Perkins’ car by Varazo. The chase continued through Quitman County, Georgia, and then into Eufaula, Alabama, where a Randolph County Sheriff’s Deputy, with assistance from Eufaula PD, conducted a PIT maneuver, blocking Perkins’ car from escape.
Law enforcement, K-9 Officer Nitro and a citizen ultimately located three bags thrown from the car which contained quantities of suspected ecstasy and marijuana. The suspected ecstasy later tested positive for 4.5 grams of methamphetamine. A fourth bag contained a handgun, 190.47 grams of methamphetamine distributed in seven bags, 27 grams of heroin, a set of scales and Varazo’s cell phone. Varazo paid the Perkins to transport him from Florida to Cordele, Georgia, to purchase drugs.
The case was investigated by the Randolph County Sheriff’s Office and K-9 Unit with assistance from the Eufala, Alabama, Police Department, Quitman County Sheriff’s Office and DEA.
First Assistant U.S. Attorney and Criminal Chief Shanelle Booker is prosecuting the case.
Grand Jury Returns 17-Count Indictment Charging Gerald Brevard III with Murder, Multiple Counts of Assault, and Hate CrimesRead the Press Release
WASHINGTON – An indictment was returned today charging Gerald Brevard III with a total of 17 charges, including first-degree murder while armed, assault with intent to kill while armed, aggravated assault while armed, mayhem while armed, and multiple firearm offenses in the March 2022 attacks on three homeless men in Washington, D.C.
The indictment further alleges that the attacks were bias-related hate crimes on account of the victims' perceived or actual homelessness.
The indictment, returned by a grand jury in the Superior Court of the District of Columbia, was announced by U.S. Attorney Matthew M. Graves, Robert J. Contee III, Chief of the Metropolitan Police Department (MPD), and Charlie J. Patterson, Special Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to the indictment, between March 3 and March 9, 2022, Brevard, 31, attacked three men in Washington, D.C. As alleged in the indictment, on March 3, 2022, he assaulted the first victim with a firearm with the intent to kill him. On March 8, 2022, again, while armed with a firearm, Brevard assaulted the second victim with intent to kill him, the indictment alleges. Moreover, the indictment alleges the second victim suffered serious and permanent bodily injury. Finally, according to the indictment, on March 9, 2022, Brevard shot and stabbed Morgan Holmes, 54, resulting in his death. Brevard is to be arraigned on the charges on Oct. 18, 2022, at a hearing before the Honorable Robert Okun.
As a result of the grand jury alleging the murder and assaults were bias-related hate crimes, the defendant may face up to 1 ½ times the maximum term of imprisonment for the murder and assaults if found guilty at trial. In addition, the indictment charges Brevard with “aggravating circumstances,” finding that the murder was especially heinous, atrocious or cruel. If aggravating circumstances are found by a jury at trial, Brevard faces a maximum of life imprisonment without the possibility of release on the murder charge.
Brevard was arrested on March 15, 2022, in Washington, D.C., following a joint investigation of MPD, the New York City Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives into the series of shootings targeting homeless men in Washington, D.C. and New York between March 3-12, 2022, that were preliminarily linked by firearms evidence. He has been detained here ever since. The indictment only charges offenses committed in Washington, D.C.
An indictment is merely a formal allegation that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the indictment, U.S. Attorney Matthew Graves, MPD Chief Robert Contee III, and Special Agent in Charge Patterson commended the efforts of those who have investigated the case from the MPD, ATF, and the New York City Police Department. They also expressed appreciation for the work of the many other agencies that have provided assistance.
They commended the work of those who are handling the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Karina Hernandez, Paralegal Specialists Sharon Newman and Lashone Samuels, Investigative Analyst Zachary McMenamin, and Litigation Technology Specialist Paul Howell. Finally, they acknowledged the efforts of Assistant U.S. Attorneys Michelle D. Jackson and Sarah C. Santiago, who are investigating and prosecuting the case.
Georgia Man Sentenced to Prison for His Role in Identity Theft ConspiracyRead the Press Release
A Georgia man was sentenced in Nevada yesterday to 18 months in prison for participating in an identity theft conspiracy.
Melvin Orellana of Rome, Georgia, was a computer support employee for a company that provided tax software to return preparation businesses throughout the United States. King Isaac Umoren operated Universal Tax Services (UTS), a Las Vegas-based tax preparation firm that used the tax software from Orellana’s company. From approximately May 2016 through Nov. 2017, Orellana conspired with Umoren to steal and transfer taxpayer and personal identifying information from the tax software business. Umoren sought this taxpayer information to falsely inflate UTS’s client base in an effort to fraudulently sell UTS to an unsuspecting buyer. In exchange for the stolen taxpayer data, Umoren agreed to pay Orellana $20,000 after UTS was sold. In Aug. 2017, Orellana provided to Umoren taxpayer data for approximately 12,000 taxpayers whose returns were prepared by businesses using the tax software. In Nov. 2017, Umoren used this taxpayer data to fraudulently sell UTS for $6.7 million.
In addition to the term of imprisonment, U.S. District Judge Andrew Gordon for the U.S. District Court of Nevada ordered Orellana to serve three years of supervised release.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Jason M. Frierson for the District of Nevada made the announcement.
IRS Criminal-Investigation and the Treasury Inspector General for Tax Administration investigated the case.
Trial Attorneys Sarah A. Kiewlicz and Patrick Burns of the Justice Department’s Tax Division prosecuted the case.
Fugitive Pleads Guilty to Distributing Large Quantities of Drugs in 2010 CaseRead the Press Release
ALBANY, Ga. – A man who has been on the run from authorities since 2013 for his role in distributing kilograms of cocaine in Southwest Georgia has pleaded guilty in federal court for his crimes.
Juan Tello, 34, of Monterrey, Mexico, pleaded guilty to distribution of cocaine before U.S. District Judge Louis Sands on Sept. 20. Tello faces a maximum sentence of 20 years of imprisonment to be followed by three years of supervised release and a $1,000,000 fine. Tello’s sentencing is expected to occur within 90 days.
“After nearly a decade on the run—and thanks to a U.S. Marshal’s fugitive operation that brought him into custody—Tello is being held accountable for his role in the distribution of many kilograms of controlled substances in Southwest Georgia,” said U.S. Attorney Peter D. Leary. “I want to commend our law enforcement partners at every level for their collaboration in this case, and helping us bring a wanted fugitive to justice.”
“This case is a shining example of how DEA and its law enforcement partners will work tirelessly to pursue the far stretching tentacles of drug traffickers who seek to run from justice,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Now that this defendant has been apprehended, he will ultimately spend well-deserved time in prison.”
“Although this cocaine trafficker eluded authorities for years, we are reminded that there is no expiration date on justice. Thank you to the U.S. Attorney’s Office, the DEA, and the U.S. Marshal’s Service for their partnership and for seeing this case through,” said GBI Director Michael Register.
According to court documents, a 2010 wiretap investigation of Tello and other named and unnamed co-conspirators into the distribution of cocaine resulted in a controlled buy in Albany on Aug. 8, 2010; agents observed individuals negotiating the price of cocaine and providing a sample eight-ball to a cooperating individual (CI). During later recorded calls between Tello and the CI, Tello stated that he had one kilogram of cocaine ready for immediate delivery and could have another three kilograms within a few days. In additional recorded meetings, Tello complained to the CI that his unnamed co-conspirators had been robbed of approximately ten kilograms of cocaine. A few months after the Aug. 2010 meeting, agents learned co-conspirators were responsible for distributing hundreds of kilograms of cocaine in Georgia and to whom. Agents also learned that a co-conspirator arranged for others to commit an armed assault on another co-conspirator transporting eight kilograms of cocaine. Tello was released on bond in Jan. 2013, and failed to appear at court proceedings. In 2022, he was arrested in Texas resulting from a fugitive investigation undertaken by the United States Marshal Service (USMS). Tello is being held accountable for distributing between five and 15 kilograms of cocaine.
The case was investigated by the Georgia Bureau of Investigation (GBI) and the Drug Enforcement Administration (DEA).
Assistant U.S. Attorney Leah McEwen is prosecuting the case.
Four Former Georgia Correctional Officers Sentenced for Assaults on Inmate and Cover-UpRead the Press Release
Four former supervisory and deputy correctional officers at the Valdosta State Prison in Valdosta, Georgia, were sentenced today in federal court in the Middle District of Georgia for their roles in orchestrating, administering and then seeking to conceal the beating of a handcuffed inmate in their custody. Lieutenant Geary Staten, 31, Sergeant Patrick Sharpe, 30, and Deputy Correctional Officers Brian Ford, 25, and Jamal Scott, 35, were each sentenced to periods of incarceration for their respective roles in the incident. Sharpe was also sentenced for beating a different inmate during a separate incident.
“These officers’ efforts to organize, execute, and then cover up a retaliatory assault on a handcuffed, compliant inmate are an egregious abuse of power,” said Assistant Attorney General Clarke for the Justice Department’s Civil Rights Division. “These sentences make clear that no one is above the law, and that when officers violate the civil rights of people under their supervision – through violence or obstruction – they will be held accountable.”
“This case serves as a reminder that individuals — no matter their status — will be held accountable for their crimes,” said U.S. Attorney Peter D. Leary of the Middle District of Georgia. “When sworn officers do violence against inmates, they damage society’s trust in law enforcement and tarnish the reputation of the many worthy individuals who accept the dangerous responsibility of policing our prisons.”
“By violating their oaths, these officers betrayed everyone in law enforcement who works the dangerous jobs behind prison walls,” said Special Agent in Charge Keri Farley for the FBI Atlanta Field Division. “These sentences should serve as a warning the FBI will always pursue charges against anyone who takes an oath but then lowers themselves to the same level as the criminals they are sworn to protect.”
According to court documents and statements made during the sentencing hearings, on Dec. 29, 2018, Sharpe, while on duty, instructed his subordinate officers – Ford and Scott – to assault a handcuffed inmate in retaliation for an earlier altercation between that inmate and a female officer at the prison. Specifically, Sharpe, along with Ford, Scott and several other correctional officers, escorted the handcuffed inmate to an outdoor area on the grounds of the prison for the purpose of assaulting him. Scott and Ford, carrying out a directive from Sharpe, took the inmate to the ground and struck him multiple times in the body. The inmate was handcuffed and compliant at the time of the assault. Following the assault, Staten, who was aware that officers had used unlawful force on the inmate, then took steps to conceal the offense, instead of reporting or otherwise notifying law enforcement. Specifically, Staten expressly directed the involved officers not to write any report regarding the unlawful use of force, and failed to write such a report himself, despite knowing such a report was required.
Sharpe was also sentenced in connection with a second incident, involving the beating of a different inmate that took place several months earlier. Specifically, on Sept. 24, 2018, while on duty as a correctional officer, Sharpe assaulted a handcuffed inmate in retaliation for an earlier interaction between the inmate and a different female officer. While escorting the inmate across the prison grounds, Sharpe wrapped a pair of handcuffs around his fist and punched the inmate three times – twice to the inmate’s face and once to the back of his head. As a result of the assault, the inmate briefly lost consciousness and suffered lacerations to his face and head. The inmate was restrained and compliant at the time of the assault.
At the sentencing hearing, the government noted the substantial assistance provided by Ford and Scott during the investigation, and requested that they receive a lesser sentence as a result of their notable willingness to take responsibility for their conduct and provide honest and helpful information concerning the incident. Federal District Court Judge Hugh Lawson sentenced Sharpe to 48 months in prison; Staten to 14 months in prison; Scott to 12 months in prison; and Ford to 12 months and a day in prison for their respective roles in the offense(s).
Assistant Attorney General Clarke, U.S. Attorney Leary and Special Agent in Charge Farley made the announcement.
The FBI and a local task-force-officer partner investigated the case. Trial Attorneys Katherine G. DeVar and Nicole Raspa of the Justice Department’s Civil Rights Division prosecuted the case, with assistance from the U.S. Attorney’s Office for the Middle District of Georgia.
Four Former Georgia Correctional Officers Sentenced for Assaults on Inmate and Cover-UpRead the Press Release
VALDOSTA, Ga. – Four former supervisory and deputy correctional officers at Valdosta State Prison in Valdosta were sentenced today in federal court in the Middle District of Georgia for their roles in orchestrating, administering and then seeking to conceal the beating of a handcuffed inmate in their custody. Lieutenant Geary Staten, 31, Sergeant Patrick Sharpe, 30, and Deputy Correctional Officers Brian Ford, 25, and Jamal Scott, 35, were each sentenced to periods of incarceration for their respective roles in the incident. Sharpe was also sentenced for beating a different inmate during a separate incident. Assistant Attorney General Kristen Clarke, U.S. Attorney Peter D. Leary for the Middle District of Georgia and Special Agent in Charge Keri Farley for the FBI Atlanta Field Division made the announcement.
“This case serves as a reminder that individuals — no matter their status — will be held accountable for their crimes,” said U.S. Attorney Leary. “When sworn officers do violence against inmates, they damage society’s trust in law enforcement and tarnish the reputation of the many worthy individuals who accept the dangerous responsibility of policing our prisons.”
“These officers’ efforts to organize, execute, and then cover up a retaliatory assault on a handcuffed, compliant inmate are an egregious abuse of power,” said Assistant Attorney General Clarke. “These sentences make clear that no one is above the law, and that when officers violate the civil rights of people under their supervision – through violence or obstruction – they will be held accountable.”
“By violating their oaths, these officers betrayed everyone in law enforcement who works the dangerous jobs behind prison walls,” said Special Agent in Charge Farley. “These sentences should serve as a warning the FBI will always pursue charges against anyone who takes an oath but then lowers themselves to the same level as the criminals they are sworn to protect.”
According to court documents and statements made during the sentencing hearings, on Dec. 29, 2018, Sgt. Sharpe, while on duty, instructed his subordinate officers – Ford and Scott – to assault a handcuffed inmate in retaliation for an earlier altercation between that inmate and a female officer at the prison. Specifically, Sharpe, along with Ford, Scott and several other correctional officers, escorted the handcuffed inmate to an outdoor area on the grounds of the prison for the purpose of assaulting him. Scott and Ford, carrying out a directive from Sharpe, took the inmate to the ground and struck him multiple times in the body. The inmate was handcuffed and compliant at the time of the assault. Following the assault, Lt. Staten, who was aware that officers had used unlawful force on the inmate, then took steps to conceal the offense, instead of reporting or otherwise notifying law enforcement. Specifically, Staten expressly directed the involved officers not to write any report regarding the unlawful use of force, and failed to write such a report himself, despite knowing such a report was required.
Patrick Sharpe was also sentenced in connection with a second incident, involving the beating of a different inmate that took place several months earlier. Specifically, on Sept. 24, 2018, while on duty as a correctional officer, Sharpe assaulted a handcuffed inmate in retaliation for an earlier interaction between the inmate and a different female officer. While escorting the inmate across the prison grounds, Sharpe wrapped a pair of handcuffs around his fist and punched the inmate three times – twice to the inmate’s face and once to the back of his head. As a result of the assault, the inmate briefly lost consciousness and suffered lacerations to his face and head. The inmate was restrained and compliant at the time of the assault.
At the sentencing hearing, the government noted the substantial assistance provided by Ford and Scott during the investigation, and requested that they receive a lesser sentence as a result of their notable willingness to take responsibility for their conduct and provide honest and helpful information concerning the incident. Federal District Court Judge Hugh Lawson sentenced Patrick Sharpe to 48 months in prison; Geary Staten to 14 months in prison; Jamal Scott to 12 months and a day in prison; and Brian Ford to 12 months and a day in prison for their respective roles in the offense(s).
The FBI investigated the case.
Trial Attorneys Katherine G. DeVar and Nicole Raspa of the Justice Department’s Civil Rights Division prosecuted the case, with assistance from the U.S. Attorney’s Office for the Middle District of Georgia.