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Tuesday 2 August 2022
Monongalia County woman admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Tara Morgan, of Morgantown, West Virginia, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.
Morgan, 49, pleaded guilty today to one count of “False Statement in Connection with the Acquisition of Firearms.” Morgan admitted to working with another to make false statements to purchase a firearm from a licensed dealer in May 2020 in Monongalia County.
Morgan faces up to 10 years of incarceration and fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Monmouth County Company Agrees to $7.6 Million Judgment for Violating False Claims Act; Owners and Related Company to Pay $375,000Read the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, company will pay $7.6 million under a consent judgement for its role in making false statements to obtain government contracts that were set aside for businesses owned and controlled by service-disabled veterans, U.S. Attorney Philip R. Sellinger announced today.
As alleged in the government’s complaint:
VE Source LLC, based in Shrewsbury, New Jersey; the company’s owners, Sherman Barton and Christopher Neary; and a related entity, Vertical Source LLC, defrauded the federal government by falsely claiming that VE Source was eligible for government contracts that were set aside for companies owned and controlled by service-disabled veterans. VE Source obtained contracts from the U.S. Department of Agriculture (USDA) and the Defense Logistics Agency (DLA), a component of the U.S. Department of Defense, totaling more than $16.5 million. By obtaining contracts for which they were ineligible, the government alleged that VE Source, Neary, and Barton undercut the express Congressional purpose in enacting laws intended to encourage the awards of federal contracts to businesses owned and controlled by service-disabled veterans.
In the resolution announced today, VE Source agreed to a consent judgment for $7.6 million in conjunction with its role in the scheme. The United States entered a separate settlement agreement with Neary, Barton, and Vertical Source, under which Neary will pay $120,000, Barton will pay $75,000, and Vertical Source will pay $180,000 to resolve claims made in a civil lawsuit filed by the United States under the False Claims Act.
U.S. Attorney Sellinger credited special agents of the General Services Administration, Office of Inspector General, New York Field Investigations Office, under the direction of Special Agent in Charge Joseph Dattoria; the U.S. Department of Agriculture, Office of Inspector General, Northeast Region, under the direction of Special Agent in Charge Bethanne M. Dinkins; and the Defense Criminal Investigative Service, Northeast Field Office, under the direction Special Agent in Charge Patrick J. Hegarty, with the investigation leading to this resolution.
The government is represented by Assistant U.S. Attorneys David V. Simunovich and Mark C. Orlowski of the Health Care Fraud Unit in Newark.
The lawsuit resolved through this agreement is captioned United States v. Neary et al., Civil Action No. 20-14167 (D.N.J.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Mid-State Trio Charged in Conspiracy to Steal Firearms from Licensed Federal Firearms DealersRead the Press Release
NASHVILLE – Three Nashville area men were indicted yesterday in a conspiracy to steal firearms from a federal firearms licensee (FFL), announced U.S. Attorney Mark H. Wildasin.
Tyler Cunningham, 22, Ryan Dillard, 36, and Corey Summers, 23, are also charged with possession of stolen firearms and Dillard is charged with being a convicted felon in possession of a firearm. Cunningham and Dillard are currently in custody and Summers is currently being sought by law enforcement.
According to the indictment, the trio burglarized an automotive repair shop in Middle Tennessee and stole a truck to use in the burglary of an FFL. The indictment alleges that on July 8, 2022, the defendants burglarized a firearms dealer in Greenbrier, Tennessee, and stole nine firearms, and on July 14, 2022, they burglarized a firearms dealer in Woodbury, Tennessee, where they stole 28 firearms. The indictment further alleges that the defendants offered to sell the stolen firearms to a third party.
If convicted, the defendants face up to five years in prison on the conspiracy charge and up to 10 years in prison on each theft and possession charge. Additionally, Dillard faces up to 15 years on the felon in possession charge.
Anyone with information on the whereabouts of Corey Summers or with additional information about these crimes should contact ATF at (888) ATF-TIPS (1-888-283-8477).
Information can also be sent to [email protected] through ATF’s website at www.atf.gov/contact/atftips .
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Greenbrier Police Department; the Rutherford County Sheriff’s Office; the Cannon County Sheriff’s Office; the Wilson County Sheriff’s Office; the Robertson County Sheriff Office; the Tennessee Highway Patrol; the Metropolitan Nashville Police Department; and the Middle Tennessee State University Police Department. Special Assistant U.S. Attorney Steven T. Brantley is prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Mexican National Living in New York Charged with Unlawful Transportation of Individuals in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Marco Salvedra-Espinoza (also known as Marco Saavedra Espinosa), 42, of the Bronx, New York, appeared today in federal court on a charge alleging that, on or about July 27, 2022, he unlawfully transported individuals he knew to have entered the United States illegally. Upon the motion of the United States, U.S. Magistrate Judge Kevin J. Doyle ordered Salvedra-Espinoza detained pending further proceedings in the case.
According to public documents in the case, on the night of July 27, 2022, an agent with the United States Border Patrol was patrolling an area of the international border with Canada and stopped a vehicle registered to a rental company with Virginia-based plates. The driver, Salvedra-Espinoza, claimed he was in the area to pick up friends. Further investigation showed that Salvedra-Espinoza is a Mexican national who had been previously removed from the United States and that he did not have current legal status in the United States. The two back-seat passengers were also identified as Mexican citizens, and they ultimately admitted they had just entered the United States illegally from Canada after paying thousands of dollars to be smuggled into the country. The passengers have been charged with illegal entry into the United States, a misdemeanor, in a related case.
The U.S. Attorney’s Office notes that a criminal complaint is an accusation only and that the defendant is presumed innocent until and unless proven guilty. As currently charged, Salvedra-Espinoza would face up to 5 years of imprisonment if convicted. Any sentence in the case will be advised by the United States Sentencing Guidelines.
U.S. Attorney Nikolas Kerest credited the agents of the United States Border Patrol for their investigation of Salvedra-Espinoza and their continued efforts to prevent the exploitation of foreign nationals by human-smuggling organizations.
Assistant U.S. Attorney Matthew Lasher represents the United States in this case. Salvedra-Espinoza is represented by Kevin Henry, Esq.
Mesquite Meth Trafficker Sentenced to 11+ YearsRead the Press Release
A Mesquite methamphetamine trafficker was sentenced Tuesday to more than 11 years in federal prison, announced U.S. Attorney for the Northern District of Texas.
John Alex Vigil was indicted in February 2021. He pleaded guilty in January 2022 to possession with intent to distribute a controlled substance and was sentenced by Chief U.S. District Judge Barbara M.G. Lynn to 140 months in federal prison.
According to court documents, Mr. Vigil met with an undercover agent in a gas station parking lot in Mesquite on three occasions, selling him more than 100 grams of methamphetamine each time.
During a search of his residence, agents recovered more than 1 ½ pounds of methamphetamine and more than 50 rounds of ammunition.
The Bureau of Alcohol, Tobacco, Firearms, & Explosives’ Dallas Field Division conducted the investigation. Assistant U.S. Attorney Phelesa Guy prosecuted the case.
Meridian Man Pleads Guilty to Possession of an Unregistered Short-Barreled ShotgunRead the Press Release
Jackson, Miss. – A Meridian man pled guilty today to possession of an unregistered short-barreled shotgun, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Edward Tyrone Walker, 43, possessed a shotgun which had a barrel of less than 18 inches in length that was not registered to him in the National Firearms Registration and Transfer Record. Officers of the Meridian Police Department were conducting an unrelated investigation at a convenience store and discovered evidence showing that Walker had possession of a short-barreled shotgun. Walker was interviewed and admitted to possessing the shotgun. Further investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) revealed that the short-barreled shotgun was not registered. Federal law requires such weapons to be registered in the National Firearms Registration and Transfer Record.
Walker pleaded guilty to a violation of Title 26, United States Code, Section 5861(d) which criminalizes the possession of certain firearms unless they are properly registered. He is scheduled to be sentenced on November 9, 2022, and faces a maximum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Meridian Police Department and the ATF are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Justice Department Sues Idaho to Protect Reproductive RightsRead the Press Release
The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.
The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland. “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.”
“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”
EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.
As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient.
Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it.
The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.
Justice Department Seeks Seizure of Boeing 747 Cargo Plane Grounded in ArgentinaRead the Press Release
The U.S. Department of Justice transmitted a request to Argentinian authorities today to seize a Boeing 747-300M cargo plane following the unsealing of a seizure warrant in the U.S. District Court for the District of Columbia. The warrant, which was issued on July 19, 2022, alleges that the U.S.-made plane is subject to forfeiture based on violations of U.S. export control laws related to the unauthorized transfer of the plane from Mahan Air, an Iranian airline affiliated with the Islamic Revolutionary Guard Corp-Qods Force (IRGC-QF), a designated terrorist organization, and Empresa de Transporte Aéreocargo del Sur, S.A. (EMTRASUR), a Venezuelan cargo airline and subsidiary of Consorcio Venezolano de Industrias Aeronáuticas y Servicios Aéreos, S.A (CONVIASA), a Venezuelan state-owned company.
In 2008, the Department of Commerce issued, and has since periodically renewed, a Temporary Denial Order prohibiting Mahan Air from, among other things, engaging in any transaction involving any commodity exported from the United States that is subject to the Export Administration Regulations. As alleged in the seizure warrant, in or around October 2021, Mahan Air violated the Temporary Denial Order and U.S. export control laws when it transferred custody and control of the Boeing aircraft to EMTRASUR without U.S. Government authorization. Additional violations of U.S. export control laws subsequently occurred between February and May 2022 when EMTRASUR reexported the aircraft between Caracas, Venezuela; Tehran, Iran; and Moscow, Russia, without U.S. Government authorization.
Further, as alleged in the seizure warrant, in June 2022, Argentinian authorities detained the flight crew of the Boeing aircraft, including five Iranians. The registered captain of the aircraft was identified as an ex-commander for the IRGC and a shareholder and member of the board of Iranian airline Qeshm Fars Air. Argentinian law enforcement also searched the aircraft and found a Mahan Air flight log documenting the aircraft’s flights after the unlawful transfer to EMTRASUR, including a flight to Tehran, Iran, in April 2022. Mahan Air was designated in 2011 by the U.S. Department of the Treasury’s Office of Foreign Asset Control (OFAC) for providing material support to the IRGC-QF, and Qeshm Fars Air was designated in 2019 for being controlled by Mahan Air and for providing material support to the IRGC-QF.
In addition, CONVIASA, EMTRASUR’s parent company, was designated by OFAC in 2020, and its fleet was blocked pursuant to Executive Order in 2019. Concurrent with today’s action, the Department of Commerce issued a Temporary Denial Order denying the export privileges of EMTRASUR for 180 days with the possibility of renewal.
“The Department of Justice will not tolerate transactions that violate our sanctions and export laws,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Working with our partners across the globe, we will give no quarter to governments and state-sponsored entities looking to evade our sanctions and export control regimes in service of their malign activities.”
“The seizure of this aircraft demonstrates our determination to hold accountable those who seek to violate U.S. sanctions and export control laws,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will aggressively seek to prevent sanctioned entities from gaining access to America-made items or profiting from their illegal transfer. Working with our federal and international partners, we will be unflagging in our efforts to bring to justice those who violate these sanctions and to seize assets where appropriate and lawful.”
“Today’s coordinated actions target the unlawful transfer of an Iranian cargo plane to a Venezuelan airline and the airline’s subsequent operation of that plane in violation of our rules,” said Assistant Secretary of Export Enforcement Matthew S. Axelrod of the U.S. Department of Commerce’s Bureau of Industry and Security. “We will continue to take significant and direct enforcement action against foreign airlines operating U.S.-origin aircraft in violation of U.S. export controls.”
“This seizure demonstrates the FBI’s persistence in using all of our tools to hold the Iranian Government and affiliated individuals and companies accountable when they violate U.S. laws,” said Acting Assistant Director of Counterterrorism Kevin Vorndran of the FBI. “The FBI, along with our international partners, will continue to seek out those individuals who contribute to the advancement of Iran’s malign activities and ensure they are brought to justice, regardless of where, or how, they attempt to hide.”
This matter is being investigated by the Department of Commerce, Bureau of Industry and Security’s Miami Field Office and the FBI Miami Field Office.
Assistant U.S. Attorney Rajbir Datta of the U.S. Attorney’s Office for the District of Columbia, Assistant U.S. Attorney Andy Camacho of the Southern District of Florida, and Trial Attorney Elizabeth Abraham of the Counterintelligence and Export Control Section are handling the seizure and investigation, with assistance from Paralegal Specialist Brian Rickers and Legal Assistant Jessica McCormick. The Justice Department’s Office of International Affairs provided significant assistance in working with the Argentinian authorities.
JetPhotos A photograph of the TARGET Aircraft from Sept. 6, 2019 with the Mahan Air livery and logo. JetPhotos A photograph of the TARGET Aircraft from Jan. 23, 2022 with the EMTRASUR livery and logo.Justice Department Officials Join Citywide Kick-Off for National Night Out CelebrationsRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia today joined community and law enforcement partners in celebrating National Night Out, with U.S. Attorney Matthew M. Graves and Assistant Attorney General Kenneth A. Polite, Jr. attending the District of Columbia’s kick-off event in Northeast Washington.
Community organizers, neighbors, and law enforcement turned out for the event at Lincoln Park and at other locations throughout the city. The Metropolitan Police Department (MPD) organized the events in each of the District of Columbia’s seven police districts. Assistant Attorney General Kenneth A. Polite, Jr., who leads the Justice Department’s Criminal Division, was among numerous law enforcement and government officials who joined U.S. Attorney Graves in commemorating the night in the District of Columbia.
“Our mission in law enforcement is to serve the community, and the best way to do that is by working together with people at the neighborhood level across the District of Columbia,” said U.S. Attorney Graves. “Tonight is a special evening to recognize the importance of these ties and to demonstrate that all of us are determined to make our city a safer place.”
“Keeping communities safe is a top priority for the Department of Justice,” said Assistant Attorney General Polite. “Law enforcement is most effective when it has the trust of the communities that we serve. Events like National Night Out lead to meaningful and positive engagement between law enforcement and the community, and strengthens those bonds.”
Across the nation, senior Justice Department officials and U.S. Attorneys are taking part in a Department-wide effort to bring attention to events that build stronger community-police relations. Attorney General Merrick B. Garland attended events in Baltimore, while Deputy Attorney General Lisa O. Monaco attended National Night Out events in Charleston, S.C.
Established in 1984 from a Department of Justice Bureau of Justice Assistance grant, the goal of National Night Out is to build relationships with and between communities and law enforcement. National Night Out promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live. In most areas of the country, the program occurs annually on the first Tuesday of August.
Jackson County Man Sentenced to 15 Years in Prison for Two Bank RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Jackson County man in connection with two bank robberies, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Anna M. Manasco sentenced John Lance Cameron, 58, of Dutton, Alabama, to 188 months in prison. Cameron pleaded guilty to two counts of bank robbery in March.
“We are grateful for the coordinated efforts of the Hoover, Trussville, and Birmingham Police Departments and the FBI in tracking down this defendant and securing the evidence against him,” said U.S. Attorney Escalona. “Focusing on the most violent repeat offenders, we will continue to work with law enforcement partners to make our communities and individuals who are impacted by violent crimes safer.”
“The FBI and our partners are committed to making our communities safer by bringing these violent offenders like Cameron to justice. Thanks to the work of dedicated law enforcement officers, Cameron is now in custody and facing the consequences of his crimes” said FBI SAC Johnnie Sharp, Jr.
On November 25, 2020, Cameron entered the Pinnacle Bank located on Gadsden Highway in Trussville and demanded money from a teller. Cameron told the teller he had a firearm and threatened to shoot her. Cameron appeared to get spooked and left the bank with no money.
About two hours later, Cameron entered the BBVA Compass Bank located on Montgomery Highway, in Hoover. Cameron approached a teller, pulled a plastic bag from his shirt and handed it to the teller. Cameron told the teller, “I want your money.” Cameron lifted his shirt and showed the teller a dark colored firearm with a wooden handle in his waistband, and said, “Don’t die over a few dollars.” The teller gave Cameron $19,100 in U.S. currency.
This case is part of Project Safe Neighborhoods (PSN), 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.
FBI investigated the case along with the Birmingham Police Department, Hoover Police Department, and Trussville Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Illinois man admits depositing hundreds of worthless checks in $157,000 bank fraud schemeRead the Press Release
ST. LOUIS – A man from Granite City on Tuesday admitted a bank fraud scheme that cost Commerce bank more than $150,000.
Clarence Wigfall Jr., 32, admitted that beginning on March 14, 2018, he defrauded the bank by depositing hundreds of worthless checks into dozens of people’s accounts.
Wigfall asked Commerce Bank account holders in public Facebook posts and elsewhere to give him their debit cards and account information in exchange for cash. Wigfall then deposited worthless checks into their accounts via ATMs in eastern Missouri and southern Illinois. He and his associates then withdrew money before the bank realized that the checks had been written on frozen accounts, blocked accounts, closed accounts, fake accounts and accounts with insufficient funds. Some of the checks also had forged signatures. Wigfall regularly used a piece of paper to shield himself from the ATM cameras.
Wigfall deposited hundreds of worthless checks into at least 55 separate accounts, defrauding the bank out of at least $157,256.92.
At least ten of the checking account holders did not authorize Wigfall to use their information in his scheme.
Wigfall pleaded guilty Tuesday to a bank fraud charge in front of U.S. District Judge John A. Ross. He is scheduled to be sentenced Nov. 8. The bank fraud charge carries a potential penalty of up to 30 years in prison.
The case was investigated by the U.S. Secret Service. Assistant U.S. Attorney Derek Wiseman is prosecuting the case.
Hazelwood man admits selling fatal dose of fentanylRead the Press Release
ST. LOUIS – A man from Hazelwood on Tuesday admitted selling fentanyl that killed a Lake St. Louis man last year.
Stephen Paul Jefferson Jr., 37, pleaded guilty in front of U.S. District Judge Sarah E. Pitlyk to a felony charge of distribution of fentanyl.
Jefferson admitted selling the fentanyl that killed the Lake St. Louis man just hours after the man bought the drug from Jefferson at the Red Roof Inn in Maryland Heights on July 12, 2021, the plea agreement says.
Investigators searched Jefferson’s hotel room the next day and found fentanyl in bags and capsules and a digital scale. Jefferson was arrested and admitted selling drugs, despite knowing “bad things can happen,” including “People can overdose or get bad dope,” his plea agreement says.
Jefferson is scheduled to be sentenced Nov. 4. The drug distribution charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000. Both prosecutors and Jefferson’s lawyer have agreed to recommend a 12-year prison sentence, but Judge Pitlyk will ultimately determine Jefferson’s fate.
The case was investigated by the Drug Enforcement Administration and the St. Charles County Regional Drug Task Force.
Guatemalan National Indicted for Assaulting a Border Patrol AgentRead the Press Release
TUCSON, Ariz. – Last week, a federal grand jury returned an indictment against Jorge Oliverio Moran-Can, 42, of Guatemala, charging him with Assault on a Federal Officer Resulting in Bodily Injury.
The initial complaint issued last month, alleged that on July 3, 2022, a United States Border Patrol (USBP) agent responded to a remote location near New Field, Arizona. The agent was tracking a group of suspected undocumented noncitizens in a remote mountainous area when the agent spotted three people hiding near a ledge. When the agent approached them, two of the suspected undocumented noncitizens fled on foot. Moran-Can stayed and initially remained compliant, but when the agent reached out to handcuff him, Moran-Can rammed his shoulder into the agent’s torso causing them both to fall and tumble several yards down a rocky slope. Moran-Can continued to struggle but the agent was able to gain control and handcuff him. The agent sustained abrasions and bruising on his left knee and hip and was treated at a hospital.
A conviction for the crime of assault on a federal officer resulting in bodily injury carries a maximum penalty of 20 years in prison, and up to a $250,000 fine, or both.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Sarah B. Houston, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-01661-SHR-LCK
RELEASE NUMBER: 2022-127_ Moran-CanFormer Westlake Investment Advisor Sentenced to Nearly 22 Years in Prison for Operating Ponzi SchemeRead the Press Release
Former Westlake Investment Advisor Raymond A. Erker, 52, of Avon, Ohio, was sentenced today by U.S. District Judge Dan Polster to nearly 22 years in prison, or 262 months, following his conviction at trial of stealing more than $9.3 million from clients in a Ponzi scheme. A restitution hearing concerning this matter was scheduled for December 9, 2022.
“Mr. Erker misled, cheated and conned over fifty victims, many of them elderly, into trusting him with their life savings and hard-earned retirement funds, all for guaranteed rates of return and low-risk investments that were fabricated,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Instead, Erker squandered the money he was entrusted with and caused financial ruin and pain for many. Now, thanks to the work of law enforcement, Mr. Erker must repay his debt to these victims and our community.”
“Be suspect of anyone who guarantees that an investment will perform a certain way, because all investments carry some degree of risk,” said Ohio Securities Commissioner Andrea Seidt. “Investors need to ask lots of questions and do extra research. Investors can call our Investor Protection Hotline at 877-683-7841 to find out if the person is licensed to sell securities and if the product is properly registered.”
According to court documents and evidence presented at trial, from January 2013 through July 2018, Erker devised a scheme that stole $9,366,976.37 from at least fifty-four investors.
As part of the scheme, Erker sold investments to clients that he misrepresented as annuities and senior secured notes with no risk of loss and with a guaranteed rate of return. Court documents state that Erker, without the approval or consent of investors, diverted funds to other entities that they controlled and their personal bank accounts.
Additionally, Erker failed to disclose to clients that he maintained ownership interests in companies receiving investments from the scheme.
To keep up with promised rates of return, Erker falsely represented that payments to previous investors were rates of return and interest when, in actuality, these payments were new investor funds, the defining characteristic of a Ponzi scheme.
To avoid detection, Erker set up office fronts in Delaware and Nevada, contracted with call centers and created false websites and account statements that purported to show investor account balances.
Erker was also convicted of making a false statement under oath. On October 9, 2019, while under oath in the United States Bankruptcy Court for the Northern District of Ohio, Erker stated that he disclosed to investors that he owned the companies the investors gave him money to invest in, when in fact, Erker knew that statement to be false.
Co-defendants Kevin M. Krantz and Tara M. Brunst were previously sentenced for their roles in the scheme.
This investigation was conducted by the Ohio Department of Commerce Division of Securities, the United States Postal Inspection Service (USPIS) and the Westlake Police Department. This case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Kathryn Andrachik.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps.
Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis.
Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
Former State Court Victim Advocate Sentenced to 9 Years for Distributing Child Sexual Abuse MaterialRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that ROBERT ECCLESTON, 58, of Canton, was sentenced yesterday by U.S. District Judge Michael P. Shea in Hartford to 108 months of imprisonment, followed by 10 years of supervised release, for distributing images and videos depicting the sexual abuse of children.
According to court documents and statements made in court, in 2020, covert FBI personnel in two different field offices outside of Connecticut were monitoring various public groups on the social medial application Kik. In August and September 2020, Eccleston, using the Kik usernames “hartfordctguy” and “Mowgli100,” distributed numerous pornographic images and videos of children in these Kik groups, including images and videos depicting the sexual abuse of toddlers and prepubescent children. Eccleston also served as an administrator of two Kik groups and required prospective members to send him videos of child sexual abuse for group access.
Eccleston was arrested on December 11, 2020. At the time of the offense, he was employed as a Victim Services Advocate for the Hartford Superior Court in Hartford.
Eccleston has been detained since his arrest. On January 24, 2022, he pleaded guilty to one count of distribution of child pornography.
As part of his sentence, Judge Shea ordered Eccleston to pay a total of $25,000 to four victims of his offense, $35,000 to the Child Pornography Victims Reserve, $5,000 to the Domestic Trafficking Victims Fund, and a $30,000 fine.
“This case is a harsh reminder that the sexual exploitation of children occurs across all segments of our community,” said U.S. Attorney Avery. “Based on the position this defendant held while engaging in such reprehensible conduct, this case represents a tremendous violation of trust on multiple levels. We thank the FBI and our other law enforcement partners for investigating and rooting out these crimes wherever they exist, and we further thank the dedicated professionals of the Office of Victim Services of the Judicial Branch of the State of Connecticut for their assistance and continued service to victims throughout Connecticut.”
“This case shines a light on why we in law enforcement exhaust all means available to protect our most vulnerable population,” said FBI Special Agent in Charge Sundberg. “Sexual crimes against children will always be a top priority for the FBI.”
This investigation was conducted by the Federal Bureau of Investigation, with the assistance of the Avon Police Department. The case was prosecuted by Assistant U.S. Attorney Angel M. Krull.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Former Correctional Officer Charged with Smuggling Contraband into Brooklyn Federal JailRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Jeremy Monk, a former correctional officer employed by the United States Bureau of Prisons (BOP), with attempting to provide contraband to prison inmates at the Metropolitan Detention Center (MDC) in Brooklyn. Monk was arrested this morning, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Vera M. Scanlon.
Breon Peace, United States Attorney for the Eastern District of New York, Ryan T. Geach, Special Agent-in-Charge, United States Department of Justice, Office of Inspector General (DOJ-OIG), and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“As alleged, the defendant violated his oath and duty as a correctional officer by smuggling narcotics into the Metropolitan Detention Center,” stated United States Attorney Peace. “This Office, together with our law enforcement partners, are committed to maintaining the safety for incarcerated individuals and BOP employees, and will prosecute those who act as conduits for contraband into a correctional facility.”
“Monk allegedly smuggled drugs into the prison, creating a dangerous environment for his fellow correctional officers, inmates, and the public. The Department of Justice Office of the Inspector General will continue to investigate and uncover these kinds of bribery schemes,” stated DOJ-OIG Special Agent-in-Charge Geach.
“As alleged, Mr. Monk put both his fellow corrections officers and the Metropolitan Detention Center’s inmate population at risk by engaging in a scheme to smuggle contraband, including illegal drugs, into the facility. As law enforcement officials, we all take an oath to uphold the law and protect our nation. Mr. Monk chose to violate that oath, and he will now face justice for the crimes we allege he committed,” FBI Special Agent-in-Charge Driscoll.
As alleged in the complaint, Monk worked as a correctional officer at the MDC from May 2020 until he resigned on April 18, 2022. Three days before he resigned, on April 15, 2022, MDC staff learned that Monk was supposed to be paid $10,000 by inmates to smuggle contraband, specifically drugs, alcohol, and tobacco, into the MDC and leave it in a staff restroom. That afternoon, Monk went to the staff restroom consistent with the information MDC staff received. After Monk left the restroom, MDC staff secured and searched the location and found more than nine ounces of marijuana hidden on a shelf under cleaning materials. Prior to reporting to work on April 18, 2022, Monk called the MDC’s Human Resources department and stated that he wanted to immediately resign. When asked why he was resigning, the defendant stated, in sum and substance, because of “some stupid investigation.”
As alleged, Monk had also smuggled contraband into the MDC on prior occasions. On December 5, 2020, the MDC staff members conducted a search of the cell of an incarcerated individual (Inmate-1) due to the odor of marijuana coming from his cell. Although no marijuana was found, the MDC staff recovered a cellular telephone, which is also contraband in a correctional facility. Financial records show that three days before the MDC staff recovered the cellular telephone, an associate of Inmate‑1 attempted to pay Monk for smuggling the contraband via Cash App seven times in amounts ranging from $750 to $4,000. All seven transactions were blocked by Cash App.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Monk faces a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Olatokunbo Olaniyan and Philip Pilmar are in charge of the prosecution.
The Defendant:
JEREMY MONK
Age: 31
Brooklyn, New YorkE.D.N.Y. Docket No. 22-MJ-805
Former Cartel leader’s son admits to moving assault weapons into MexicoRead the Press Release
BROWNSVILLE, Texas – Osiel Cardenas Jr. has pleaded guilty to smuggling goods from the United States into Mexico, announced U.S. Attorney Jennifer B. Lowery.
Cardenas aka Osiel Cardenas-Salinas Jr., 30, Brownsville, admitted he attempted to purchase 10 assault rifles to export into Mexico. Cardenas is the son of former head of the Gulf Cartel Osiel Cardenas-Guillen who was convicted and sentenced to 25 years in federal prison and ordered to pay a money judgment of $50 million.
On April 22, 2021, Cardenas and others attempted to purchase five AK-47 type rifles and five AR-15 type rifles.
The undercover operation took place in a Brownsville store parking lot. Cardenas had instructed another individual to cross into Mexico to pick up the $15,000 for the weapons and to inform him when the weapons transaction had been completed.
Cardenas further admitted he committed the crime while on supervised release for a previous felony.
U.S. District Judge Fernando Rodriguez Jr. will impose sentencing Nov. 8. At that time, Cardenas faces up to 10 years in prison and a possible $250,000 maximum fine.
He has been and will remain in custody pending that hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of Homeland Security Investigations. Assistant U.S. Attorney Elena Salinas is prosecuting the case.
Former Campus Police Dispatcher Sentenced for Straw Purchase of Glock FirearmsRead the Press Release
BOSTON – A former campus police dispatcher for the Cape Cod Community College Police Department was sentenced yesterday in federal court in Boston in connection with making false statements in order to purchase two firearms which can only be purchased by law enforcement officers.
Justin F. Watson, 36, of Mashpee, was sentenced by U.S. District Court Judge Indira Talwani to time served (one day in prison), one year of supervised release, with the first four months to be served in home confinement, and 50 hours of community service. The government recommended a sentence of six months in prison. On April 29, 2022, Watson pleaded guilty to one count of making false statements during the purchase of firearms and one count of making false statements in a record.
“Gun laws exist for a reason – to protect lives and reduce violence. Anyone who lies and evades to avoid gun safety laws will be prosecuted,” said United States Attorney Rachael S. Rollins. “Lawmakers and law enforcement have put clear limits on who can purchase powerful Glock weapons. These laws are intended to keep dangerous weapons in the hands of fully trained police officers, not circulating on the street.”
“Straw purchasing a firearm is a federal crime with serious consequences,” said James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. “ATF is committed to working with our local, state, and federal partners to investigate and prosecute the “straw purchasers” in conjunction with the individuals who receive these firearms.”
From March 2018 to February 2019, Watson was an Institutional Security Officer/Campus Police Dispatcher with the Cape Cod Community College Police Department. As such, Watson neither carried a weapon nor had the power to make arrests on campus.
Watson ordered a Glock pistol to be delivered to a firearms dealer on Cape Cod. On Aug. 26, 2018, Watson went to the firearms dealer to pick up the Glock, Model 22, GEN4, .40 caliber pistol. Before receiving the firearm, Watson provided his Cape Cod Community College identification card, which listed him as “Campus Police” and “Faculty/Staff,” to the manager and completed a Public Safety Purchase Form identifying himself as an Institutional Security Officer.
Watson called another firearms dealer and spoke with the store’s operator, who informed him that only law enforcement officers with the power to conduct arrests could purchase Glock Model 26 firearms. Watson falsely stated that he was a police officer with authority to make arrests. On Nov. 17, 2018, Watson went to the firearms dealer with his girlfriend and spoke with a sales manager. His girlfriend told the sales manager that she was Watson’s boss and that Watson had authority to make arrests. Watson identified himself as a police officer to the sales manager and then purchased a Glock, Model 26, GEN4, 9mm pistol for $425. Watson completed a required ATF Form and affirmed that he was the actual buyer of the firearm. The form warned that, “If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”
During the sale, Watson provided his Cape Cod Community College identification card and completed a certification letter indicating that he was purchasing the firearm for “on or off duty use” and not “for resale.” Watson also completed another certification form and listed himself as “Campus Police.” Watson then transferred the Glock Model 26 to his girlfriend on Dec. 19, 2018.
During an interview with law enforcement, Watson acknowledged that he used his Cape Cod Community College identification card when he purchased both Glock firearms. He stated he used that ID because he did not think he could purchase the firearms without it. He also acknowledged that if the firearms dealers had understood that he was not a police officer with arrest powers, they would not have sold him the firearms. Watson further stated that he knew that his girlfriend, a civilian, could not purchase a Glock Model 26 herself and that he purchased the firearm for her.
Straw purchases interfere with firearm regulation and recordkeeping, and federal law makes it a crime to knowingly make false statements to a firearms dealer in connection with the lawfulness of the sale.
U.S. Attorney Rollins and ATF SAC Ferguson made the announcement today. The Cape Cod Community College Campus Police, Barnstable Police Department and Mashpee Police Department provided assistance with the investigation. Assistant U.S. Attorneys Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption Unit, and Philip C. Cheng of Rollins’ Organized Crime & Gang Unit prosecuted the case.
Florida man sentenced to 8 years in prison for fraud scheme causing $3.5 million in losses, including more than $1 million in COVID-relief fraudRead the Press Release
CINCINNATI – A Florida man who conspired to steal identities to fraudulently obtain credit and COVID-19 relief funds was sentenced in federal court here today to 96 months in prison.
Adesh Alvin Bissoon, 43, of Miami Beach, Florida, defrauded several victims who resided in the Southern District of Ohio. Bissoon caused at least $3.5 million in loss, including more than $1 million in disaster-relief funds he fraudulently obtained during the pandemic.
When federal agents executed a search warrant at one of Bissoon’s residences, they found multiple driver’s licenses, approximately 200 credit and/or debit cards, and more than 10 checkbooks, all in other people’s names. Agents also discovered hundreds of other documents containing victims’ personally identifiable information (PII); approximately $70,000 in cash; tens of thousands of dollars’ worth of precious metals; and seven cellphones, each of which was labeled with the name of a victim.
According to court documents, from 2012 through August 2020, Bissoon and co-conspirators used the Dark Web to obtain victims’ PII. Bissoon and others also used the victims’ information to create fraudulent Social Security cards and driver’s licenses, which they then used to open financial accounts in the victims’ names. Bissoon then requested convenience checks in high dollar amounts, drawn against the victims’ lines of credit. He also registered LLCs with states and the IRS to obtain business credit cards with higher credit limits. Bissoon separately applied for Economic Injury Disaster Loans from the Small Business Association using the LLCs he had established using individual victims' PII, claiming that those businesses were experiencing temporary difficulties and loss of revenue due to COVID-19.
Bissoon was initially charged by criminal complaint in August 2020 and released on bond in Florida. Bissoon’s pretrial release was revoked after law enforcement discovered he had attempted to steal another $150,000 from a bank while on release by falsely claiming to be the victim of unauthorized bank transfers.
Bissoon was indicted by a grand jury in September 2020, along with Michael Jacques Joseph, 39, of Miami Beach, Florida, and Victor Torres, 40, of Apollo Beach, Florida, and charged with conspiracy to commit bank fraud and mail fraud affecting a financial institution, as well as aggravated identity theft. Joseph and Torres have pleaded guilty and are pending sentencing.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and the United States Treasury Inspector General for Tax Administration announced the sentence imposed today by U.S. District Judge Douglas R. Cole. Assistant United States Attorneys Julie D. Garcia and Ebunoluwa A. Taiwo are representing the United States in this case.
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Florida Woman Sentenced to 19 Months in Prison for Submitting Fraudulent EIDL and PPP Applications in $865K Wire Fraud SchemeRead the Press Release
Denver – United States Attorney Cole Finegan announced that Defendant Patricia Gilroy, 58, of Naples, Florida, was sentenced to 19 months in prison for a wire fraud scheme in which she received $865,351 as a result of fraudulent EIDL and PPP applications that she submitted. Gilroy was also ordered to pay $916,656.03 in restitution.
On March 27, 2020, the President of the United States signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provided emergency assistance, administered by the United States Small Business Administration (SBA), to small business owners affected by the Coronavirus (COVID-19) pandemic. The two primary sources of funding for small businesses were the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loans (EIDL) program.
From April 2020 through April 2021, defendant Patricia Gilroy submitted fraudulent EIDL and PPP applications to the SBA and participating lenders on behalf of 10 inactive, shell companies that she controlled seeking loans from the EIDL and PPP programs. In these applications, Gilroy made false statements about the number of employees and the amount of gross revenues and cost of goods sold that the companies had in the 12 months prior to January 31, 2020. In the applications, Gilroy also falsely agreed to use the funds solely as working capital for the companies when, in fact, she intended to use the funds for other purposes, including making personal investments. Three of the PPP applications, three applications for second PPP draws, and 2 EIDL applications were approved and funded. As a result, companies controlled by Gilroy received $856,351 in PPP and EIDL proceeds.
U.S. District Court Judge Daniel D. Domenico handed down the sentence on August 2, 2022.
“This defendant tried to take advantage of a program designed to provide relief to small businesses and employees during the COVID-19 pandemic. Her sentence should send a clear message to anyone thinking of exploiting this national emergency for their personal gain. We are proud to work with our law enforcement partners to safeguard taxpayer funds,” said U.S. Attorney Cole Finegan.
“This sentencing demonstrates the commitment of the Treasury Inspector General for Tax Administration to investigate and bring to justice those that victimize the American taxpayer,” said J. Russell George, the Treasury Inspector General for Tax Administration. “Abusing a Federal program designed to assist Americans in need by fraudulently applying for loans has and will continue to be aggressively investigated. I want to thank our law enforcement partners and the United States Attorney’s office for their commitment to this goal.”
“Falsifying information to access funds set aside by the SBA to support small business works against the building up of our nation’s economy,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “Our Office will remain relentless in the pursuit of fraudsters who seek to defraud the SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”
The investigation in this case was conducted by the U.S. Treasury Inspector General for Tax Administration and the Small Business Administration-Office of Inspector General in connection with their work on the Colorado-based EIDL Fraud Task Force. The prosecution was handled by Pegeen Rhyne and Sarah Weiss, Assistant U.S. Attorneys, District of Colorado, Denver.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Related court documents can be found on PACER by searching for Case Number 21-cr-175.
CASE NUMBER: 22-cr-00063-DDD
Five Defendants Convicted in Relation to Multi-Million Dollar Counterfeit Cellphone SchemeRead the Press Release
BOISE – a Federal jury in Idaho convicted five defendants yesterday for their roles in operating a $41 million dollar scheme wherein they sold counterfeit cellphones and cellphone accessories on Amazon.com and eBay.com which they misrepresented as new and genuine Apple and Samsung products.
Pavel Babichenko, Piotr Babichenko, Timofey Babichenko, David Bibikov, and Mikhail Iyerusalimets were convicted of a total of 24 counts of conspiracy to commit wire fraud, conspiracy to traffic in counterfeit trademarked goods, wire fraud, mail fraud and trafficking in counterfeit goods, all in connection with the online sale of these counterfeit cellphones and accessories. Two defendants, Kristina Babichenko and Anna Iyerusalimets, were found not guilty. The convicted defendants face up to 20 years’ imprisonment and a $250,000 fine on the wire fraud and mail fraud counts. They face up to 10 years’ imprisonment and a $5,000,000 fine on the trafficking in counterfeit goods counts. Sentencing is scheduled for November 2 and 3, 2022 before U.S. District Judge B. Lynn Winmill, who presided over the trial.
During the nine-week trial, the jury heard evidence that the defendants obtained counterfeit cellphones and cellphone accessories in bulk from manufacturers in China, repackaged them in the Treasure Valley area of Idaho, and then individually resold them to consumers on Amazon and eBay as genuine and new. The defendants continued to sell these items despite receiving numerous notices from U.S. Customs and Border Protection that they were importing counterfeit items. The defendants also repeatedly ignored cease-and-desist letters from companies like Apple, Inc. and Samsung Electronics America. When companies like Amazon identified the defendants as sellers of counterfeit products and suspended their selling privileges, the defendants would submit fake invoices and plans of actions to regain access to Amazon’s platform and convince the company to release proceeds of the scheme. This pattern lasted for approximately a decade, with the defendants changing company names and tactics when confronted about their infringing behavior.
“By trafficking in counterfeit cellphones, chargers, and batteries, the defendants led an organized criminal conspiracy that violated intellectual property rights, cheated the American consumer, and endangered the safety of the public for their own financial gain,” said U.S. Attorney Josh Hurwit. “The U.S. Attorney’s Office is committed to working with its federal law enforcement partners to identify, arrest, and prosecute those who defraud businesses and consumers in an attempt to line their own pockets. I want to thank the FBI and HSI special agents and analysts for their tireless work on this investigation and prosecution.”
“These individuals scammed the public into buying fake electronic goods, endangering people with counterfeit products while diminishing trust in respected brands,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “The dedicated work of HSI agents through federal partnerships with the FBI, U.S. Postal Inspection Service, IRS-CI, U.S. Marshals Service, combined with our Idaho law enforcement partners the Treasure Valley Metro Violent Crimes Task Force, Ada County Sheriff’s Office, Boise Police Department, and the Meridian Police Department led to the disruption of this fraudulent transnational scheme.”
“The verdicts demonstrate the FBI’s unwavering commitment to combatting transnational organized crime which pose the greatest threat to the national and economic security of the United States,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Our strong partnerships in Idaho and around the world are instrumental in dismantling these groups which seek to profit vast sums of money defrauding the American people and businesses.”
U.S. Attorney Josh Hurwit made the announcement and commended the cooperative efforts of the joint investigation led by the FBI and Homeland Security Investigations, along with IRS-CI, the U.S. Postal Inspection Service, and the U.S. Marshals Service. These federal agencies were joined in the investigation by the Treasure Valley Metro Violent Crimes Task Force, the Ada County Sheriff’s Office, the Boise Police Department, and the Meridian Police Department.
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First Urology Commits to Changes and Pays to Resolve Justice Department Investigation into Allegations it Violated the ADA with a “Lifting Policy”Read the Press Release
Louisville, KY – First Urology, P.S.C., the largest provider of urologic care in the greater Louisville and Southern Indiana area, has agreed to pay $60,000 to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide individuals with mobility disabilities equal access to its services and facilities.
The allegations involved First Urology’s “Lifting Policy,” which provided it would not assist patients in transferring to examination tables or other diagnostic equipment. First Urology’s policy denied patients full and equal access to the services it provided because it required certain patients with mobility disabilities to bring their own equipment, friends, family, or attendants to help facilitate their transfer, in order to be treated. If the patient did not bring equipment, friends, family, or attendants to help transfer them, First Urology denied that patient treatment. These allegations were raised by three patients who also filed a lawsuit against First Urology, styled Fust et. al, v. First Urology, Case No. 3:20-CV-562 (W.D. Ky.).
“The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities in everyday activities,” stated Michael A. Bennett, United States Attorney for the Western District of Kentucky. “Everyday activities include medical services, and no patient should be denied health care as a result of a mobility disability.”
Under the terms of the agreement, First Urology will ensure that accessible medical equipment and rooms are available to patients who need them. This may include use of an accessible exam table, Hoyer lift, gait belt, or transfer board, or rails and other stabilizing equipment. First Urology will also modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the terms of the agreement. Of the $60,000 being paid by First Urology, $45,000 will be distributed to three patients who were denied treatment and $15,000 will be paid as a civil penalty to the United States.
Assistant U.S. Attorney, Jessica R. C. Malloy, investigated the matter.
For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.
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Fifth Defendant Pleads Guilty in $11.5 Million Fraud CaseRead the Press Release
LITTLE ROCK—An England, Arkansas woman has pleaded guilty to her involvement in a scheme to defraud the U.S. Department of Agriculture out of more than $11.5 million that was intended to benefit farmers who had been discriminated against. Niki Charles, 49, pleaded guilty to conspiracy to commit mail fraud today before Chief United States District Judge D. Price Marshall.
Charles admitted in court today that she and others solicited people to file false claims asserting they were discriminated against when they tried to get assistance from USDA for their farming operations. Charles said she verified statements from corroborating witnesses who submitted affidavits to support the claims, but none of those witnesses actually appeared before Charles. Those actions resulted in $4.5 million in loss, an amount Charles agreed to repay.
Four other defendants, all of whom are sisters, have pleaded guilty in this case. Lynda Charles, 72, of Hot Springs; Rosie Bryant, 74, of Colleyville, Texas; Delois Bryant, 75, of North Little Rock; and Brenda Sherpell, 72, of Gainesville, Texas, each pleaded guilty on July 6, 2022, to conspiracy to commit mail fraud and to defraud the Internal Revenue Service. A sixth defendant, Everett Martindale, worked as an attorney and acted as the legal representative for most of the claimants that the five women recruited. Martindale is set for trial on August 30, 2022.
The sisters also admitted that they hired a tax preparer to falsify tax returns, resulting in failure to report over $4.6 million to the Internal Revenue Service. That tax preparer, Jerry Green, pleaded guilty in January 2021. Judge Marshall will sentence those who pleaded guilty at a later date.
As documented in plea agreements, the defendants submitted claims under two programs: the Black Farmers Discrimination Litigation (BFDL) settlement and the Hispanic and Women Farmers and Ranchers (HWFR) claim program. The BFDL settlement resulted from a class action lawsuit filed in 1997 in which a group of black farmers claimed they had been discriminated against when they applied for farm credit, credit servicing, or farm benefits from USDA. Similarly, the HWFR claim program was created after groups of Hispanic and women farmers filed separate lawsuits against USDA, also alleging discrimination in their farm benefit programs.
Both BFDL and HWFR resulted in a claims process where farmers who could show they had applied for participation in a USDA benefit program and believed they had been discriminated against could make a claim for financial relief. A successful claim resulted in an award of $62,500. Of that, $50,000 would be made payable to the claimant, and $12,500 would be transferred directly to the Internal Revenue Service as a tax withholding. Altogether, the sisters were involved with 192 claims, almost all of which were successful, resulting in a loss of over $11.5 million. The claims were false because the claimants had not suffered discrimination and, in most cases, had not even attempted to farm.
The indictment alleges that Martindale would deposit claim checks into his law firm trust account, issue a check from that trust account to the claimant, and withhold his attorney fee. For both BFDL and HWFR, attorney fees were restricted to $1,500 per claimant. The indictment alleges that the four sisters entered an agreement with Martindale in which they would split the attorney fee. The sisters also demanded and received additional money from the claimants themselves.
The money received from a claim was income that should have been reported on the claimant’s tax return. The sisters and their accountant, Green, admitted that Green provided tax preparation services for the claimants they had recruited and that Green falsified the tax returns in order to create a tax refund.
Three of the sisters—Lynda Charles, Rosie Bryant, and Delois Bryant—filed false tax returns of their own and used money from the conspiracy to purchase homes and properties, a Chevrolet van, and a Mercedes G550. Pursuant to the plea agreement, the sisters are required to relinquish any claim to the vehicles and to repay the fraud money they used to purchase properties. The money is due by the time they are sentenced, which has not yet been scheduled.
The investigation is being conducted by USDA-OIG and IRS with assistance from the United States Marshals Service and the United States Postal Inspection Service. The case is being prosecuted by Assistant United States Attorneys Cameron McCree, Bart Dickinson, and Amanda Fields.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Federal Jury Convicts Dentist of Killing Wife on African SafariRead the Press Release
Denver – The United States Attorney’s Office for the District of Colorado announces a federal jury found Lawrence Rudolph, age 67, guilty of murdering his wife, Bianca Rudolph, and of defrauding multiple life insurance companies. The same jury found Lori Milliron, age 64, guilty of being an accessory after the fact to the murder, obstruction of justice, and two counts of perjury before the grand jury.
The evidence presented at trial proved Lawrence Rudolph murdered his wife Bianca while the two were on a hunting trip in Zambia on October 11, 2016, in such a manner that he could falsely claim the death was the result of an accident. The defendant devised a scheme to defraud and obtain a total of $4,877,744.93 from nine life insurance policies with seven different life insurance companies, one located in Colorado. He did this by representing Bianca died as the result of the accidental discharge of a firearm when, in fact, she had been murdered. She was shot once in the heart with a 12 gauge shotgun.
The evidence also proved on January 5, 2022, the defendant Lori Milliron provided false and misleading testimony to a grand jury sitting in the District of Colorado regarding cash payments made to her by Lawrence Rudolph, and the nature of her relationship with Rudolph. She testified before the grand jury the reason for the cash payments was because he was generous; it was actually because she was his girlfriend. When asked about what Rudolph told her when he relayed to her he was under FBI investigation. She told the grand jury that Rudolph said he was irritated by the investigation because he was “probably innocent;” actually, Rudolph had told her in the Spring 2020 that he had killed his (expletive) wife for her.
“We are thankful for the jury’s diligence looking at all the evidence in this case. Bianca Rudolph deserved justice. This case was an exceptional example of the entire U.S. Attorney’s Office pulling together with our law enforcement partners to uncover the truth and seek justice for a victim who had no other voice,” said U.S. Attorney Cole Finegan. “I also want to specifically thank the efforts of the FBI, which worked to obtain justice by literally going around the world to interview witnesses and collect evidence. Their efforts were exemplary, and we are grateful to them.”
“The murder of Bianca Rudolph was not an easy case to investigate and prosecute, but it was the right thing to do to seek justice for this victim, her family, and her friends,” said FBI Denver Special Agent in Charge Michael Schneider. “Lawrence Rudolph thought he could murder his wife overseas and get away with it. His actions raised red flags, and the FBI was ready to step in to investigate this murder of a U.S. citizen by another U.S. citizen in a foreign country.”
Judge William J. Martinez presided over the 14-day trial. Rudolph will be sentenced on February 1, 2023. Milliron will be sentenced on February 8, 2023.
The case was investigated by the FBI Denver Division. Prosecution was handled by Assistant United States Attorneys Bryan Fields, Garreth Winstead, and Bishop Grewell.
Case number: 22-cr-00012
Federal Grand Jury Charges Louisville Man with Illegal Possession of a Machine Gun and Possession of a Firearm by a Prohibited PersonRead the Press Release
Louisville, KY – A federal grand jury in Louisville, KY returned an indictment today charging a local man with illegally possessing a machine gun and possessing a firearm after having been prohibited.
According to court documents, on or about June 16, 2022, William Thompson, 31, knowingly possessed a machine gun, a Glock Switch bearing no serial number, and a firearm after having previously been convicted of a misdemeanor crime of domestic violence.
Thompson is charged with illegal possession of a machine gun and possession of a firearm by a prohibited person. Thompson is currently in state custody at the Louisville Metro Department of Corrections and will be scheduled for his initial court appearance before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky once he is transferred to federal custody. If convicted, he faces a maximum potential penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
U. S. Attorney Michael A. Bennett of the Western District of Kentucky, and ATF Special Agent in Charge Shawn Morrow made the announcement.
The ATF and Louisville Metro Police Department are investigating the case.
Assistant U.S. Attorney Alicia P. Gomez is prosecuting the case.
This case is part of Project Safe Neighborhood, 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.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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FCA US LLC Sentenced in Connection with Conspiracy to Cheat U.S. Emissions TestsRead the Press Release
WASHINGTON – FCA US LLC (FCA US), formerly Chrysler Group LLC, was sentenced today in federal court in Detroit and ordered to pay a fine of $96,145,784; and a forfeiture money judgment of $203,572,892. The court also imposed a three-year term of organizational probation.
The conviction results from the company’s conspiracy to defraud U.S. regulators and customers by making false and misleading representations about the design, calibration, and function of the emissions control systems on more than 100,000 Model Year 2014, 2015, and 2016 Jeep Grand Cherokee and Ram 1500 diesel vehicles, and about these vehicles’ emission of pollutants, fuel efficiency, and compliance with U.S. emissions standards.
“This case demonstrates the Criminal Division’s dedication to prosecuting companies that seek to place profits above full candor, good corporate governance, and timely remediation,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s sentence shows that companies that engage in misleading U.S. regulators, or their own customers, will be held accountable.”
“Today’s sentence is an appropriate punishment for a company that schemed to defraud regulators and consumers,” said U.S. Attorney Dawn N. Ison. “All corporations should be transparent and honest in dealing with the federal government and the public. This prosecution reflects how seriously my office takes this principle.”
“Today’s sentencing of FCA US, which includes a $300M criminal penalty, is the result of an exhaustive three-year investigation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. This resolution shows that the Department of Justice is committed to holding corporate wrongdoers accountable for misleading regulators. My sincere thanks go to our investigative partners at EPA-CID and the FBI.”
“Today’s sentencing clearly demonstrates that the EPA and our federal partners will hold major corporations like FCA accountable for complying with vehicle emissions standards,” said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance. “Stopping violations of environmental laws and the defrauding of consumers is paramount to the protection of clean air and human health.”
According to the company’s admissions and court documents, beginning at least as early as 2010, FCA US developed a new 3.0-liter diesel engine for use in FCA US’s Jeep Grand Cherokee and Ram 1500 vehicles (the Subject Vehicles) that would be sold in the United States. FCA US designed a specific marketing campaign to market these vehicles to U.S. customers as “clean EcoDiesel” vehicles with best-in-class fuel efficiency. However, according to court documents, FCA US installed software features in the Subject Vehicles and engaged in other deceptive and fraudulent conduct intended to avoid regulatory scrutiny and to fraudulently help the Subject Vehicles meet the required emissions standards, while maintaining features that would make them more attractive to consumers, including with respect to fuel efficiency, service intervals, and performance.
Specifically, FCA US purposely calibrated the emissions control systems on the Subject Vehicles to produce less NOx emissions during the federal test procedures, or driving “cycles,” than when the Subject Vehicles were being driven by FCA US’s customers under normal driving conditions. FCA US then engaged in deceptive and fraudulent conduct to conceal the emissions impact and function of the emissions control systems from its U.S. regulators and U.S. customers by (a) submitting false and misleading applications to U.S. regulators to receive authorization to sell the vehicles, (b) making false and misleading representations to U.S. regulators both in person and in response to written requests for information, and (c) making false and misleading representations to consumers about the Subject Vehicles in advertisements and in window labels, including that the Subject Vehicles complied with U.S. emissions requirements, had best-in-class fuel efficiency as measured by EPA testing, and were equipped with “clean EcoDiesel engine[s]” that reduced emissions.
For example, FCA US referred to the manner in which it manipulated one method of emissions control as “cycle detection” and “cycle beating.” Without the “cycle beating” use of this emissions control software, the Subject Vehicles were unable to pass the emissions portions of the federal test procedures while also receiving a fuel efficiency rating that could be marketed to FCA US’s potential customers as “best-in-class,” consistent with FCA US’s 3.0-liter diesel program’s goals, timing, and marketing strategy. Because FCA US knew that the decision to calibrate the emissions control system used on the Subject Vehicles to perform differently “on cycle” versus “off cycle” would be subjected to significant scrutiny by U.S. regulators, FCA US made false and misleading representations to regulators to ensure that it obtained regulatory approval to sell the Subject Vehicles in the United States.
Under the terms of FCA’s guilty plea, which has been approved by the Court, FCA has agreed to continue to cooperate with the Department of Justice in any ongoing or future criminal investigations relating to this conduct. In addition, FCA US has also agreed to continue to implement a compliance and ethics program designed to prevent and detect fraudulent conduct throughout its operations and will report to the department regarding remediation, implementation, and testing of its compliance program and internal controls.
The government reached this agreement with FCA US based on several factors including, among others, the nature and seriousness of the offense conduct, the company’s failure to voluntarily and timely disclose the conduct that triggered the investigation, and its failure to conduct sufficient, timely, or appropriate remedial action. FCA US received credit for cooperation with the department’s investigation and has enhanced, and committed to further enhance, its compliance program and internal controls.
In the related criminal prosecution, three FCA employees, Emanuele Palma, Sergio Pasini, and Gianluca Sabbioni were indicted for conspiracy to defraud the United States and to violate the Clean Air Act and six counts of violating the Clean Air Act. They await trial. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and EPA’s Criminal Investigations Division are investigating the case.
Trial Attorney Michael P. McCarthy and Assistant Chief Michael T. O’Neill of the Criminal Division’s Fraud Section; White Collar Unit Chief John K. Neal and Assistant U.S. Attorney Timothy J. Wyse of the U.S. Attorney’s Office for the Eastern District of Michigan; and Senior Trial Attorney Todd W. Gleason of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.
The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing [email protected]. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas. If you believe you are a victim of the conduct described in the Plea Agreement and criminal Information, please visit https://www.justice.gov/criminal-vns/case/united-states-v-fca.Erie Man Pleads Guilty in Conspiracy to Distribute Heroin and CocaineRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
Abimael Arroyo-Garcia, 36, pleaded guilty to two counts before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that Arroyo-Garcia was involved in a conspiracy to distribute large quantities of cocaine and heroin in Erie, Pennsylvania from November 2017 through February 2020. On February 10, 2020, investigators seized approximately $250,000.00 in cocaine destined for Erie from Puerto Rico as part of this conspiracy.
Judge Baxter scheduled sentencing for December 13, 2022 at 2:00 p.m. The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Pennsylvania State Police, Homeland Security Investigations and the United States Postal Inspection Service conducted the investigation that led to the prosecution of Arroyo-Garcia.
Elderwood Agrees to Pay $950,000 to Resolve Allegations That the Senior Care Company Fraudulently Billed Medicare and MedicaidRead 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 Elderwood Administrative Services, LLC, and various senior care facilities operating under the Elderwood brand, have agreed to pay $950,000 to resolve allegations arising under the False Claims Act regarding false claims submitted to Medicare and Medicaid.
Assistant U.S. Attorney David M. Coriell, who handled the case, stated that Elderwood is a Buffalo-based senior care company that operates facilities in Western New York providing post-acute health care services, including skilled nursing and inpatient rehabilitation. The Government alleges that between August 1, 2013, and December 31, 2018, Elderwood knowingly submitted, or caused to be submitted, false claims for payment to Medicare for physical therapy, occupational therapy, and speech therapy services that were medically unnecessary. The submission of these medically unnecessary claims resulted in Elderwood receiving artificially inflated payments from Medicaid.
“This settlement reflects the commitment of my office to hold everyone, including healthcare providers, accountable when they seek to defraud the government,” said U.S. Attorney Ross. “My office will continue to ensure that federal taxpayer dollars meant to serve Medicare and Medicaid patients are spent on needed services and we will not allow healthcare providers to become unjustly enriched when they bill for unnecessary services.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Jean Nolan. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Nolan v. Elderwood Health Care at Linwood, Elderwood Senior Care, Inc, Post Acute Partners, and Does 1-100, 15-cv-0099 (W.D.N.Y.). Ms. Nolan will receive a share of the settlement.
The resolution of this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of New York, the U.S. Department of Health and Human Services Office of Inspector General, and the New York State Attorney General’s Office Medicaid Fraud Control Unit.
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El Salvadorian felon heads to prison for third-time unlawful entryRead the Press Release
CORPUS CHRISTI, Texas – A 46-year-old man has been ordered to federal prison following his conviction of illegal re-entry into the United States, announced U.S. Attorney Jennifer B. Lowery.
U.S. District Judge Drew B. Tipton convicted Jose Villatoro-Avila May 10, following a two-day bench trial.
Today, Judge Tipton ordered Villatoro-Avila to serve 27 months in federal prison. Not a U.S. citizen, Villatoro-Avila is expected to face removal proceedings following his imprisonment. In handing down the sentence, the court noted Villatoro-Avila’s repeated attempts to come into the country illegally, despite previously being sentenced to two 24- month sentences.
Villatoro-Avila is a citizen of El Salvador who was found illegally present within the United States.
At trial, evidence and testimony showed that on April 6, 2021, law enforcement apprehended Villatoro-Avila in Kenedy County while he was trying to circumvent the Javier Vega Jr. checkpoint. Authorities quickly pursued and were able to apprehend him while he was still in the brush.
The judge heard that Villatoro-Avila had been convicted - twice - of illegal re-entry into the United States. At a previous sentencing, he told the court “I promise I will never come back here if you give me leniency.”
However, evidence and testimony revealed he unlawfully returned to the country two more times after making that promise to the judge. The investigation further revealed he had been removed from the country multiple times beginning in 1999 and as recently as 2016.
The court also heard how authorities had used his fingerprints to make the identification, thus revealing the previous deportations.
The defense attempted to convince the court there was a possibility of evidence that showed Villatoro-Avila had received permission to re-enter the United States from appropriate authorities. The defense also attacked the credibility of fingerprint testimony and his identification at the time of his previous removals from the country.
Judge Tipton did not believe the claims and found him guilty as charged.
Villatoro-Avila has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol conducted the investigation. Assistant U.S. Attorneys J. Parker Gochenour and Christopher Marin prosecuted the case.
Eight Members of a Calhoun County-based Methamphetamine Drug Trafficking Ring ArrestedRead the Press Release
BIRMINGHAM – An indictment charging 12 defendants in a methamphetamine trafficking conspiracy based in Calhoun County was unsealed today, announced U.S. Attorney Prim F. Escalona, Drug Enforcement Administration Special Agent in Charge Brad L. Byerley, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French. Eight of the defendants were arrested today, and the four remaining defendants were already in custody on state offenses.
A 66-count indictment filed in U.S. District Court charges Antonio Franchester Orr, aka Lil T, aka Tony, 48, of Eastaboga, Brandon Maurice Butler, aka BB, 34, of Lincoln, Thomas Terrel Truss, 50, of Oxford, Seth Michael Owens, 29, of Ragland, Gerod Montario Stripling, 35, of Eastaboga, Jakahri Howard aka Joc, 22, of Lincoln, Steven Weed, 50, of Lincoln, Melissa Sage Goins, 36, of Guntersville, Brian Kenneth Goodwin, 44, of Pell City, Michael Edwin Scales, Sr., 68, of Anniston, James Christopher Stanley, 46, of Tuscaloosa, and Charles Alan Calhoun aka Charles Allen Calhoun and Chopper, 57, of Alpine with conspiracy to distribute methamphetamine, cocaine, heroin, and marijuana between June 2021 and June 2022. The indictment also charges all defendants with at least one count of using a telephone to facilitate a drug-trafficking crime.
The DEA, the ATF, and other law enforcement agencies have seized a total of over 20 kilograms of methamphetamine and 1 kilogram of cocaine as a part of the investigation. The indictment includes special findings of the grand jury regarding the amount of methamphetamine attributable to various defendants as part of the drug-trafficking conspiracy.
- Orr, Butler, Truss, Owens, Stripling, Howard, Weed, Goins, Goodwin, Scales, and Stanley are charged with conspiring to distribute 50 grams or more of methamphetamine. This charge carries a maximum penalty of life in prison.
- Calhoun is charged with conspiring to distribute a substance containing a detectable amount of cocaine. This charge carries a maximum penalty of 20 years in prison.
- Orr is charged with distribution of 50 grams or more of methamphetamine. This charge carries a maximum penalty of life in prison.
- Howard is charged with possession with the intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine. This charge carries a maximum penalty of 40 years in prison.
- Goodwin is charged with possession with the intent to distribute 50 grams or more of methamphetamine. This charge carries a maximum penalty of life in prison.
- Orr, Owens, and Stripling are charged with possession with the intent to distribute 500 grams or more of a mixture containing a detectable amount of methamphetamine. This charge carries a maximum penalty of life in prison.
- Orr is charged with attempt to possess with the intent to distribute 500 grams or more of a mixture containing a detectable amount of methamphetamine. This charge carries a maximum penalty of life in prison.
- Howard, Butler, and Stripling are charged with possession of a firearm in furtherance of a drug trafficking crime. The minimum prison sentence for this charge is five years in prison, which must be served after completion of any other sentence related to the crime.
The maximum penalty for conspiracy and possession with intent to distribute a controlled substance is life in prison. Each count of using a telephone in furtherance of a drug-trafficking crime carries a maximum penalty of four years in prison.
Orr, Stripling, and Stanley were already in custody on related state charges. Truss is serving a 20-year prison sentence in Fountain Correctional Facility for 1st Degree Rape and 1st Degree Sodomy.
“The combined efforts of multiple federal, state, and local law enforcement agencies resulted in the seizure of a large amount of methamphetamine and the indictment of a dozen individuals for conspiring to traffic in illegal drugs,” said U.S. Attorney Escalona. “The scope of this indictment, including charges for use of firearms and interstate communication facilities to carry out the drug trafficking operation, demonstrates the expertise of our Organized Crime Drug Enforcement Task Force in stopping the flow of dangerous drugs into our communities.”
“In Alabama and all across our nation, DEA and our partners are determined to find drug traffickers, shut down their operations, and bring them to justice. Today’s arrests are yet another strike against the powerful drug trafficking organizations whose tentacles stretch across the state border into our neighborhoods” said DEA ASAC Towanda Thorne-James.
“This case highlights the impact multiple agencies can have when they join forces. We will continue to work together and pursue those individuals who participate in organized crime, distribute illegal and dangerous drugs, and illegally possess firearms. These types of individuals and activities wreak havoc in the communities that we serve which is unacceptable and will not be tolerated” said ATF SAC Mickey French.
The DEA and the ATF investigated the case, along with assistance from the Anniston Police Department, Oxford Police Department, 7th Judicial Circuit Major Crimes Unit, Calhoun County District Attorney’s Office, Talladega County Drug and Violent Crime Task Force, Pell City Police Department, West Alabama Narcotics Task Force, Blount County Sheriff’s Department, and the Alabama National Guard Joint Counter Drug Task Force. Assistant U.S. Attorneys Allison Garnett and Blake Milner are prosecuting the case.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Drug Dealer Sentenced to 300 Months in Federal PrisonRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant James Rumbaua Damaso, age 54, a Naturalized U.S. Citizen from the Republic of the Philippines, was sentenced in the United States District Court of Guam to three hundred months imprisonment with credit for time served for Possession of Fifty or More Grams of Methamphetamine Hydrochloride with Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(viii) and 18 U.S.C. § 2. The Court also ordered Damaso serve ten years of supervised release following imprisonment and pay a mandatory $100 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
In July 2019, James Rumbaua Damaso, recruited others to receive packages containing methamphetamine hydrochloride. The methamphetamine was mailed to Guam using the U.S. Postal System. U.S. Postal Inspectors intercepted one of Damaso’s packages containing 1,783 net grams of methamphetamine hydrochloride that was analyzed with a purity of 97%. He was arrested by officers with Homeland Security Investigations (HSI) and the U.S. Postal Inspection Service (USPIS). Damaso was found with an additional 121.4 grams of methamphetamine hydrochloride, $31,418.00 in U.S. Currency, a drug scale and paraphernalia. The methamphetamine in total weighed 1,904 grams, equivalent to 4.2 pounds.
On November 23, 2021, James Rumbaua Damaso was found guilty after nine days of jury trial in the U.S. District Court of Guam. Damaso had prior convictions, including a serious drug felony, subjecting him to enhanced penalties.
“This significant sentence is the result of productive teamwork by multiple agencies at all levels of government,” said John F. Tobon, Special Agent in Charge, HSI Honolulu. “HSI will continue to target individuals and organizations involved in transnational crime.”
"This sentence is a reminder to drug traffickers that we will not tolerate using the U.S. mail to transport controlled substances in Guam or anywhere else," said Acting Inspector in Charge Kevin Rho of the U.S. Postal Inspection Service, San Francisco Division. " I would like to thank local and federal law enforcement agencies for their partnership in stopping the spread of drugs this defendant to justice."
This case was a joint investigation conducted by Homeland Security Investigations, U.S. Postal Inspection Service, and the Guam Customs and Quarantine. The case was prosecuted by Laura C. Sambataro and Rosetta L. San Nicolas, Assistant United States Attorneys in the District of Guam.
Driver charged with theft of mail and official postal keysRead the Press Release
HOUSTON – A 23-year-old resident of Missouri City is set to appear in court on allegations he used his hoodless Buick to steal postal mail and keys, announced U.S. Attorney Jennifer B. Lowery.
Brandon Brantley was taken into custody today. He is set for his initial appearance before U.S. Magistrate Judge Yvonne Y. Ho at 2 p.m. Aug. 3.
The charges allege that on July 12, a hoodless gold Buick was used to steal postal keys from a U.S. Postal Service employee. The investigation soon allegedly revealed the same vehicle and driver was believed to steal mail on June 18.
According to the criminal complaint, law enforcement identified the driver as Brantley. Upon executing a search at his Missouri city home, authorities allegedly found items linking him to both crimes.
If convicted, Brantley faces up to 10 years for stealing the postal keys and a maximum of five years for mail theft.
The U.S. Postal Inspection Service conducted the investigation with the assistance of police departments in Missouri City and Houston. Assistant U.S. Attorney Celia Moyer prosecuted the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.Detroit man admits to methamphetamine chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kenneth Jones, of Detroit, Michigan, has admitted to a drug charge, United States Attorney William Ihlenfeld announced.
Jones, 27, pleaded guilty today to one count of “Possession with Intent to Distribute Methamphetamine.” Jones admitted to having methamphetamine in May 2021 in Monongalia County.
Jones faces at least 10 years and up to life incarceration and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Drug Enforcement Administration Clarksburg Regional Office; the FBI Clarksburg; the Mon Metro Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Monongalia County Sheriff’s Office; the Morgantown Police Department; the WVU Police Department; the DEA Cincinnati District Office; the DEA Detroit Field Division; and the FBI Detroit investigated.
U.S. Magistrate Judge Michael John Aloi presided.
See related case here: https://www.justice.gov/usao-ndwv/pr/michigan-morgantown-drug-ring-disrupted-federal-indictment
Denver Public Schools Pays over $2.1 Million to Settle Allegations Relating to Misuse of AmeriCorps FundsRead the Press Release
DENVER – The United States Attorney’s Office for the District of Colorado announced today that Denver Public Schools (“DPS”) has paid $2,123,811 to the United States to resolve a civil False Claims Act investigation into the operation of its AmeriCorps program and its misuse of AmeriCorps funds. DPS also agreed to pay for any outstanding AmeriCorps education awards yet to be distributed, up to approximately $614,000.
AmeriCorps is a federally funded network of national service programs that address critical community needs like increasing academic achievement, mentoring youth, fighting poverty, sustaining national parks, preparing for disasters, and more. AmeriCorps volunteers—who are referred to as “members”—commit to service for a period of three months to a year in exchange for a living allowance, education awards, and other benefits.
To receive an AmeriCorps education award, each member must complete a specified number of service hours, among other requirements. AmeriCorps grant recipients like DPS are responsible for verifying and certifying those hours to AmeriCorps, which maintains a fund to pay the education awards.
The United States alleges that, for grant years 2015 and 2016, DPS falsely certified to AmeriCorps that a significant portion of DPS’s members had performed the service hours necessary to qualify for an AmeriCorps education award, when in fact they had not.
Specifically, the United States contends that six of DPS’s AmeriCorps programs were not eligible to receive $557,200 in direct AmeriCorps funding and that AmeriCorps dispersed $858,674.18 in education awards based on DPS’s numerous false certifications for those six programs. The government contends that DPS recruited its existing employees for those AmeriCorps programs and then improperly counted, as AmeriCorps service hours, time those members actually spent on their duties as DPS employees, and not on service. Inadequate training, supervision and record-keeping contributed to DPS’s misuse of AmeriCorps funds. A former DPS manager admitted that they intentionally “pushed the envelope” in ways that led to violations of AmeriCorps rules. DPS terminated, and accepted resignations from, employees who had managed the AmeriCorps grants and falsely certified education awards.
“Denver Public Schools used millions of federal dollars from AmeriCorps in ways that violated the basic rules of the AmeriCorps program,” said Matthew Kirsch, Attorney for the United States, Acting under Authority Conferred by 28 U.S.C. § 515. “Its misuse of those funds interfered with AmeriCorps’ core mission—to give students more educational resources.”
“By enrolling teachers as AmeriCorps members, DPS deprived its at-risk students of the additional educational support they were entitled to receive from national service members,” said AmeriCorps Inspector General Deborah Jeffrey. “Double-counting teachers’ paid work as national service hours meant that the community received no net benefit from AmeriCorps funding. We thank our partners in the U.S. Attorney’s Office for the District of Colorado for their work in protecting the integrity of AmeriCorps.”
The civil settlement in this matter resolves the United States’ claims under the False Claims Act against DPS and recovers funds improperly used by DPS. Under the terms of the settlement, DPS will immediately pay $2,123,811 to the United States, and will agree to assume responsibility for paying any outstanding education awards not yet distributed for the affected programs, which may total up to approximately $614,000. As contemplated by the False Claims Act, the amount paid by DPS includes a multiplier of the losses sustained by AmeriCorps.
The matter was handled by Assistant U.S. Attorney Jacob Licht for the District of Colorado. The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the District of Colorado and the AmeriCorps Office of Inspector General.
The claims resolved by the settlement are allegations only and DPS does not admit liability as to the government’s claims.
Video statement: https://twitter.com/USAO_CO/status/1554543060503220237?s=20&t=MqGFQwTWRby52M6vSoIsPA
Conway Man Sentenced for Importation and Possession of Illegally Taken WildlifeRead the Press Release
LITTLE ROCK-A Conway man has been sentenced for importing and possessing illegally taken wildlife. Jackson Roe, 27, was sentenced on Monday afternoon by Chief United States District Judge D. Price Marshall, Jr., to three years probation and 150 hours of community service.
In August 2015, the United States Fish and Wildlife Service received an anonymous tip about the illegal activity of a reptile hobbyist who sold and transported various reptiles into and out of the United States. Through undercover conversations with this individual, located in China, agents learned that he was shipping rare and endangered animals to an individual named Jackson Roe. Wildlife inspectors intercepted a package addressed to Roe that contained two live Chinese giant salamanders—an endangered species, in plastic jars, with wet moss. There were no holes in the box for air and no documents in the package.
Roe admitted to investigators that he had illegally purchased several live amphibians from a Chinese dealer he met on Facebook. He stated he paid $450 for each salamander, and that he knew they were protected and expected to become extinct in the next ten years. In total, Roe received seven packages shipped from Hong Kong, which included six Chinese giant salamanders, a Vietnamese leaf turtle, an Indian roofed turtle, and a Chinese big-headed turtle. Roe also informed agents that he owned a Nile crocodile, a Morelet’s crocodile, and an American alligator, all of which were seized later that day by the Arkansas Game and Fish Commission.
The case was investigated by the U.S. Fish and Wildlife Service and prosecuted by Assistant United States Attorney Edward O. Walker.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Connecticut Man Sentenced to 70 Months for Participating in a Conspiracy to Distribute FentanylRead the Press Release
CONCORD – Victor Tejada-Gonzalez, 31, of Waterbury, Connecticut was sentenced to 70 months in federal prison for conspiracy to distribute fentanyl, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, Tejada-Gonzalez operated as part of drug-distribution conspiracy out of Lawrence, Massachusetts, delivering fentanyl to co-conspirators for further distribution into New Hampshire and other places throughout New England. Specifically, on October 30, 2020, intercepted calls and surveillance captured Tejada-Gonzalez travelling to Lawrence to deliver a kilogram of fentanyl to a co-conspirator, Manuel Emilio Delacruz-Diaz. On November 19, 2020, United States Drug Enforcement agents conducted a traffic stop of the defendant in New York and he was found to be in possession of over 400 grams of fentanyl. Tejada-Gonzalez told agents that he worked with Delacruz-Diaz.
“Drug traffickers like the defendant who distribute fentanyl into New Hampshire endanger the lives and well-being of our state’s residents,” said U.S. Attorney Young. “This sentence demonstrates that those who conspire to sell fentanyl in the Granite State will face significant incarceration for their unlawful conduct.”
The case was investigated by the Drug Enforcement Administration, Homeland Security Investigations, the Massachusetts State Police, the Methuen Police Department, the Lawrence Police Department, and the Nashua Police Department. The case was prosecuted by Assistant U.S. Attorneys Seth R. Aframe and John J. Kennedy
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Cassville High School Teacher Sentenced to 30 Years for Sextortion SchemeRead the Press Release
SPRINGFIELD, Mo. – A southern Missouri high school teacher was sentenced in federal court today for a sextortion scheme in which 11 identified child victims, and dozens more child victims who have not been identified, were coerced to send him pornographic images and videos.
“This defendant, a high school teacher, pretended to be a teenager online in order to prey upon young victims across the country,” said U.S. Attorney Teresa Moore. “He victimized 11 children who have been identified, and many more who have not yet been identified, in a horrific sexploitation scheme. He enticed countless child victims to send him explicit images of themselves, then threatened to share those images with their families and friends over social media unless they continued to send him even more explicit images and videos. Such appalling criminal behavior warrants the severe penalty he received today.”
Brandon Lane McCullough, 33, of Branson, Mo., was sentenced by U.S. District Judge M. Douglas Harpool to 30 years in federal prison without parole. The court also sentenced McCullough to spend the rest of his life on supervised release following incarceration, and to pay $204,199 in restitution to one of his victims.
“Today’s sentencing is reflective of just how despicable and damaging McCullough’s crimes against children are and emphasizes HSI’s dedication to hold perpetrators accountable,” said HSI Special Agent in Charge of the Kansas City area of operations Katherine Greer. “We, alongside our law enforcement partners, are committed to the eradication of sextortion from our communities, but we need the public’s help. HSI asks parents, guardians, teachers, caregivers – anyone who interacts with a child – to be on the lookout for, and report, suspicious online behavior to the proper authorities, regardless of whether the individual is in a position of public trust, like McCullough.”
McCullough was a business teacher at Cassville High School in the Cassville R-4 School District at the time of the offense.
On Aug. 4, 2021, McCullough pleaded guilty to three counts of the sexual exploitation of a minor and two counts of coercing and enticing a minor to engage in illicit sexual activity.
The federal investigation began on Feb. 14, 2020, when a police detective in New Jersey contacted federal agents in Missouri. The mother of a 14-year-old victim had reported to the local police department that her daughter was using the Kik application to have sexually explicit conversations, and to send sexually explicit images, to McCullough.
McCullough portrayed himself as a 15-year-old boy when he began chatting via Kik with Jane Doe 1 in May 2019. McCullough threatened to send the sexually explicit images and videos to the Jane Doe 1’s family and friends unless she sent him additional images and videos. Jane Doe also engaged in a Kik conversation with another user, who was actually McCullough portraying himself as a 17-year-old boy. When Jane Doe told this false persona that she was being blackmailed, he told her to continue meeting his demands.
On May 7, 2020, law enforcement officers executed a search warrant at McCullough’s residence. They seized an external hard drive that was concealed beneath a basket under a bathroom sink in the basement. The hard drive contained dozens of Kik folders, which contained chats as well as thousands of images and videos of child pornography that were self-produced by the child victims, some of whom were younger than Jane Doe 1.
Based upon a forensic examination of the computer hard drive recovered from McCullough’s residence, investigators were able to identify 10 additional child victims of McCullough’s sextortion scheme. Dozens more child victims could not be identified. McCullough followed a similar pattern with each victim, extorting the victims to produce sexually explicit images and videos with the promise he would delete all the images once the new ones were sent. When the victims sent the videos and/or images, McCullough would start the cycle again. This activity began at least as early as Nov. 1, 2018.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Homeland Security Investigations, the Southwest Missouri Cyber Crimes Task Force, and the Florham Park Borough, New Jersey, Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Carjacking at Suburban Chicago Gas Station Leads to Federal ChargeRead the Press Release
CHICAGO — A man has been charged in federal court with carjacking a vehicle at gunpoint last week while two children were in the car.
The alleged carjacking occurred on the afternoon of July 27, 2022, at Thorntons gas station, 14840 S. Western Ave. in Posen, Ill. The victim was entering the driver’s seat of her Kia Optima when KEWAN A. TILLMAN approached, pointed a loaded handgun at her, and demanded the key, according to a criminal complaint filed Monday in U.S. District Court in Chicago. The victim got the two children out the vehicle before Tillman stole the car and drove off, the complaint states. Tillman quickly lost control of the vehicle, got out, and ran back toward the gas station, the complaint states. Tillman unsuccessfully attempted to force entry into a parked semi-trailer before placing the handgun in a sewer and then trying to force his way into another vehicle, the complaint states. The driver of that vehicle pushed Tillman to the ground, and Posen Police officers arrested him, the complaint states.
The officers then discovered the handgun in the sewer, the complaint states. A “sear switch” was allegedly affixed to the gun, which could make it capable of firing more than one shot with a single pull of the trigger.
Tillman, 19, of Calumet City, Ill., is charged with one count of carjacking. He is currently in law enforcement custody. An initial appearance in federal court in Chicago has not yet been scheduled.
The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives. Substantial assistance was provided by the Posen Police Department. The government is represented by Assistant U.S. Attorney Caitlin Walgamuth.
The federal investigation into the carjacking remains ongoing.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The carjacking charge is punishable by up to 15 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Bridgeport Tax Return Preparer Sentenced Prison for Tax FraudRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that TORISE BAKER, 39, of Bridgeport, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to three months of imprisonment, followed by one year of supervised release, for a tax fraud offense. Judge Shea also ordered Baker to serve the first month of her supervised release in home detention, and to pay a $7,500 fine.
According to court documents and statement made in court, for the 2014 through 2016 tax years, Baker, an enrolled agent permitted to represent clients before the Internal Revenue Service, prepared approximately 3,600 federal tax returns for clients through 101 Things 2 Do, LLC, a multi-service business she operated in Bridgeport. Many of these tax returns claimed false deductions, including unreimbursed business expenses, charitable contributions and tax preparation fees.
In April 2016, Baker met with an undercover federal agent posing as a customer. The agent provided Baker with a W-2 for the 2015 tax year, told Baker that he/she did not make any gifts to charity, and offered no information about any other valid deductions. On the tax return that she prepared and filed for the agent, Baker included $5520 in deductions for charitable gifts; $2,105 for parking fees, tolls, and transportation; and $2,660 for uniforms and protective clothing. Those deductions were false.
In addition, Baker failed to file her own federal tax returns and pay taxes for the 2015 and 2016 tax years.
Judge Shea ordered Baker to pay $112,956 in restitution to the IRS.
As a result of Baker’s criminal conduct, many of her clients’ filed tax returns will need to be amended. The amount of Baker’s restitution may be reduced as her clients resolve their own tax liability with the IRS.
On March 21, 2022, Baker pleaded guilty to one count of aiding and assisting in the preparation and presentation of false and fraudulent income tax returns.
This investigation was conducted by the Internal Revenue Service, Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorney Peter S. Jongbloed.
Boston Area Drug Trafficker Sentenced to Six Years in Prison for Cocaine Trafficking and Firearms OffenseRead the Press Release
BOSTON – A Boston area drug trafficker was sentenced on July 28, 2022 in federal court in Boston for his role in a cocaine trafficking conspiracy.
Hassan Monroe, 38, of Quincy, was sentenced by U.S. District Court Judge Richard G. Stearns to six years in prison and four years of supervised release. On Feb. 17, 2022, Monroe pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute cocaine and cocaine base and one count of being a felon in possession of a firearm and ammunition. Monroe purchased and distributed wholesale quantities of cocaine and is estimated to have distributed over one kilogram of cocaine and 200 grams of cocaine base
In June 2020, Monroe was charged along with 23 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged, and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.
The investigation also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown. Monroe is the ninth defendant to plead guilty in the large-scale conspiracy case.
Monroe was a significant drug supplier and distributor within the drug conspiracy.. Law enforcement intercepted numerous calls in which Monroe negotiated drug deals, coordinated drug meetups, and finalized drug pricing using brief, guarded and drug-coded language. Following the calls, Monroe was subsequently observed meeting with co-conspirators at agreed upon locations in a manner consistent with drug-trafficking activity. Additionally, intercepted communications between Monroe and co-conspirators also showed him plotting violence or discussing the importance of having firearms for protection.
During the investigation, a search of a “stash house” associated with Monroe recovered over 400 grams of cocaine, six firearms and multiple rounds of ammunition. Additionally, 250 grams of cocaine and a loaded firearm were recovered from Monroe’s car and a subsequent search of Monroe’s residence resulted in the recovery of cocaine and two loaded firearms.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bloomfield Man Sentenced for Selling Heroin, Possessing FirearmRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that on July 29, 2022, MICHAEL SIMPSON, 33, of Bloomfield, was sentenced by U.S. District Judge Alvin W. Thompson in Hartford to 24 months of imprisonment, followed by three years of supervised release, for distributing heroin and illegally possessing a firearm.
According to court documents and statements made in court, on July 22, 2018, Hartford Police arrested Simpson who was selling drugs from his car while parked at a car wash on Homestead Avenue in Hartford. At the time of his arrest, Simpson possessed distribution quantities of heroin, fentanyl, cocaine, crack cocaine and marijuana; a loaded Taurus .380 caliber handgun, and $2,664 in cash.
Simpson’s criminal history includes state felony convictions for firearm, robbery and drug offenses. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
On February 25, 2021, Simpson pleaded guilty to one count of possession with intent to distribute controlled substances and one count of possession of a firearm by a felon.
Simpson, who is released on bond, is required to report to prison on August 29.
This matter was investigated by the Federal Bureau of Investigation’s Violent Crime Task Force and the Hartford Police Department. The case was prosecuted by Assistant U.S. Attorney David J. Sheldon.
This case is part of Project Safe Neighborhoods (PSN), 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.
Berkeley County woman admits to fentanyl chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Alyssa Paige Miller, of Martinsburg, West Virginia, has admitted to a fentanyl charge, United States Attorney William Ihlenfeld announced.
Miller, 24, pleaded guilty today to one count of “Conspiracy to Possess with Intent to Distribute Fentanyl.” Miller admitted to working with another to sell fentanyl in January and February 2021 in Berkeley County.
Miller faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Bank Executive Vice President Admits to Conspiracy to Defraud First NBC BankRead the Press Release
NEW ORLEANS – United States Attorney Duane A. Evans announced that ROBERT B. CALLOWAY, age 62, of Metairie, Louisiana, pleaded guilty today to conspiracy to defraud First NBC Bank, the New Orleans-based bank that failed in April 2017. CALLOWAY served as Executive Vice President of the bank.
According to court documents, CALLOWAY and other bank officers, including Bank President Ashton Ryan Jr. and Chief Credit Officer William Burnell, conspired together to conceal the financial condition of bank borrower Gary R. Gibbs from the First NBC Bank Board of Directors, auditors, and examiners. They falsely stated in loan documents that Gibbs was able to pay his loans with cash generated by his businesses, and they hid from the First NBC Bank Board of Directors, auditors, and examiners that Gibbs was only making his existing loan payments by getting new loans from First NBC Bank. Ryan, Burnell, and CALLOWAY also concealed the fact that they made loans to Gibbs to keep him and his companies off of month-end reports that went to the Board, auditors, and examiners. These month-end reports listed borrowers who were not paying their loans or whose accounts were overdrawn. By keeping Gibbs and his entities off of those reports, Ryan, Burnell, and CALLOWAY were able to conceal their scheme and thereby allowing them to continue lending to Gibbs despite his inability to pay his loans. CALLOWAY also completed loan review forms that were sent to external auditors in which CALLOWAY omitted material information about Gibbs and his inability to pay his loans.
CALLOWAY pleaded guilty to a superseding bill of information charging him with one count of conspiracy to commit bank fraud, in violation of Title 18, United States Code, Sections 1344 and 371. The maximum penalty that may be imposed at sentencing for this charge is up to five years in prison; a fine of up to $250,000.00 or the greater of twice the gain to CALLOWAY or twice the loss to any victim; and up to three years of supervised release. U.S. District Judge Eldon E. Fallon set CALLOWAY’s sentencing for March 16, 2023.
CALLOWAY had been previously charged in this case with codefendants Ashton Ryan, Jr., William J. Burnell, First NBC Bank Senior Vice President Fred V. Beebe, and bank borrower Frank J. Adolph. Ryan, Burnell, Beebe, and Adolph are scheduled for trial before Judge Fallon on January 3, 2023. Gibbs pleaded guilty in August 2020 to a bill of information charging him with conspiracy to commit bank fraud.
“Today’s guilty plea demonstrates that individuals like Mr. Robert B. Calloway who engage in fraudulent schemes that impact the security of financial institutions will be held accountable,” said Douglas A. Williams, Jr., Special Agent in Charge, FBI New Orleans. “We thank our partners from the United States Attorney’s Office, Eastern District of Louisiana; Federal Deposit Insurance Corporation, Office of Inspector General; and the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Office of Inspector General for their strong partnerships in protecting the integrity of the American banking system.”
“Today’s guilty plea demonstrates that the FDIC OIG and our law enforcement partners continue to investigate and hold accountable criminals who defraud our insured financial institutions and cause harm to our nation’s banking industry,” said Anand Ramlall, Special Agent in Charge, Dallas Region, Office of Inspector General for the Federal Deposit Insurance Corporation.
“Today’s plea sends a clear message that bank executives who commit fraud and deliberately deceive regulators will be brought to justice for their actions. I commend our agent and their federal law enforcement partners for their hard work and persistence, which ultimately led to this outcome,” said Stephen Donnelly, Acting Special Agent in Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection.
This case is being investigated by the Federal Bureau of Investigation; the Federal Deposit Insurance Corporation, Office of Inspector General; and the Board of Governors of the Federal Reserve System, Consumer Financial Protection Bureau, Office of Inspector General. Assistant U.S. Attorneys Matthew R. Payne, Nicholas D. Moses, J. Ryan McLaren, and Rachal Cassagne are in charge of the prosecution.
Baltimore Man Pleads Guilty to a Federal Drug Charge and to Illegal Possession of a Firearm in a School ZoneRead the Press Release
Baltimore, Maryland – Vashawn Watkins, age 21, of Baltimore, Maryland, pleaded guilty today to federal charges of possession with intent to distribute controlled substances and to possession of a firearm in a school zone.
The guilty plea 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; Baltimore City Sheriff John W. Anderson; Commissioner Michael Harrison of the Baltimore Police Department; and Chief Melissa R. Hyatt of the Baltimore County Police Department.
According to his guilty plea, from October 2020 through March 1, 2021, Watkins was engaged in drug trafficking involving large amounts of fentanyl and other controlled substances. Watkins and his associates operated a stash house in the unit block of Clovelly Street in Pikesville, Maryland, where they processed fentanyl and other drugs, mixed the drugs with cutting agents, and packaged the drugs for re-sale. Watkins and his associates then drove the packaged drug products to drug shops operated by their drug trafficking organization, specifically drug shops along Stricker Street, School Street, and Gilmor Street in Baltimore. Watkins further admitted that he sometimes oversaw the drug trafficking operations at the Stricker Street drug shop.
As detailed in his plea agreement, on February 11, 2021, while Watkins was overseeing operations at the Stricker Street drug shop, law enforcement officers saw Watkins place a firearm inside a vehicle parked in the 1500 block of North Stricker Street. Law enforcement obtained a search warrant for the vehicle and recovered a .45-caliber firearm along with Watkins’ State-issued identification card. Watkins admitted that he knowingly possessed this firearm within 1,000 feet of a public elementary school.
On March 1, 2021, Watkins was seen leaving a residence in the 1500 block of Stricker Street and taking possession of approximately one kilogram of fentanyl from an associate who had brought the drugs from the Pikesville stash house. Watkins took the fentanyl into the residence. Law enforcement obtained and executed a search warrant for the residence, recovering the drugs, which were in close proximity to Watkins. Law enforcement also recovered two 9mm handguns from the residence. A search warrant was subsequently executed at the Pikesville stash house and law enforcement recovered 6.8 kilograms of fentanyl, along with cutting agents and other drug paraphernalia.
Watkins and the government have agreed that, if the Court accepts the plea agreement, Watkins will be sentenced to between eight and ten years in federal prison. U.S. District Judge Catherine C. Blake has scheduled sentencing for November 9, 2022 at 2:15 p.m.
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 make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. 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.
United States Attorney Erek L. Barron commended the DEA, the Baltimore City Sheriff’s Office, the Baltimore Police Department, and the Baltimore County Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Jason D. Medinger, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Armed Drug Dealer from Monte Visa Sentenced to 16 Years in Federal PrisonRead the Press Release
DURANGO – The United States Attorney's Office for the District of Colorado annoucnes Karl Kloeppel of Monte Vista, Colorado, was sentenced to 192 months (16 years) in federal prison, followed by four years of supervised release for possession with the intent to distribute methamphetamine and possessing a firearm during a drug trafficking crime. United States District Court Judge Robert Blackburn handed down the sentence on August 2, 2022, following Kloeppel’s guilty plea on April 11, 2022.
According to court documents and facts present at sentencing, Kloeppel was a convicted felon and established drug dealer operating in the San Luis Valley in Monte Vista, Colorado. On October 16, 2020, Kloeppel was under surveillance by federal agents and local law enforcement on a pending state warrant. Kloeppel left his residence in a BMW with approximately 210 grams of pure methamphetamine and a .45 caliber handgun. While a Colorado State Patrol Trooper pulled Kloeppel over, he handed the drugs and gun to the passenger in the BMW and ordered him to “put it in his pants.” Law enforcement later executed a later search warrant for Kloeppel’s home and found video of him holding the gun and drugs before entering the car. A search warrant for Kloeppel’s phone found many text messages about buying and selling drugs. After federal indictment, Kloeppel asked his girlfriend on a recorded phone call from jail to “throw herself under the bus” by claiming possession of the drugs and going to prison instead.
“Mr. Kloeppel was caught red handed with thousands of doses of methamphetamine and a .45 caliber handgun, but tried to deflect the blame on others,” said U.S. Attorney Cole Finegan. “Let me be clear: if you deal drugs and possess illegal weapons in the San Luis Valley, you will be caught and spend years of your life in prison.”
“DEA’s mission is clear: to make our communities safer and healthier. Today I can say, without question, we are safer with this dangerous drug trafficker off our streets,” said DEA Denver Field Division Special Agent in Charge Brian Besser. “Our communities need to be aware that methamphetamine remains a significant threat and a major priority of DEA’s Denver Field Division.”
"Our message to traffickers is simple - don't bring this to our communities," stated Col. Matthew C. Packard, chief of the Colorado State Patrol. "Drug dealers don't care about you, your loved ones or even their partners and girlfriends. While these criminals worry about profit, the Patrol will continue to work with our local and federal partners to save as many lives possible from addiction and overdose."
"The outcome of this investigation and the subsequent sentence handed down was the result of a thorough investigation by the Monte Vista Police Department with assistance from the Bureau of Alcohol, Tobacco and Firearms (ATF) agents and the US Attorney's Office in Durango. Without the cooperation and assistance from our federal partners, this defendant would have continued to poison and endanger our community through his criminal activity. We will continue to use every resource and avenue available to hold criminals who endanger our community accountable to their actions," said Monte Vista Police Chief George A. Dingfelder.
This investigation was conducted jointly by federal and state partners, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, the Monte Vista Police Department, and Colorado State Patrol. Assistant United States Attorneys Jeffrey Graves and Josh Player handled the prosecution of the case.
Case number: 21-cr-00035-REB-JMC.
Arlington Man Sentenced to 10 Years in Prison for Possession of Child PornographyRead the Press Release
BOSTON – An Arlington man was sentenced on July 28, 2022 in federal court in Boston for possession of child pornography.
Mason Lister, 27, was sentenced by U.S. District Court Judge Allison D. Burroughs to 10 years in prison and five years of supervised release. On Dec. 16, 2021, Lister pleaded guilty to one count of possession of child pornography.
“My office has a responsibility to ensure the safety of our communities, especially that of our most vulnerable – children. Mr. Lister is a recidivist offender, a three-time convicted felon, who will now thankfully remain out of our communities and away from our children for the next decade,” said United States Attorney Rachael S. Rollins. “With the full support of our state, local and tribal law enforcement partners, we remain committed to protecting our children and prosecuting those who seek to exploit them.”
“Lister is a repeat offender, having already been convicted twice for child pornography related offenses. This ten year sentence will deny Lister the opportunity to further victimize innocent children through his online conduct and demonstrates our resolve to hold repeat offenders responsible to the full extent of the law,” said Matthew Millhollin, Special Agent in Charge for Homeland Security Investigations in New England.
This case arose from a notice to law enforcement that a social media account belonging to Lister had been used to distribute child pornography. On July 23, 2020, a search of Lister’s residence resulted in the seizure of a tablet device containing at least 85 files of child pornography. The mix of files were both images and videos and depicted victims as young as toddler age. Lister was subsequently arrested on Aug. 14, 2020, and has remained in federal custody since. Lister has two previous state convictions for child pornography offenses.
U.S. Attorney Rollins and HSI SAC Millhollin made the announcement today. Assistance in the investigation was provided by the Arlington Police Department. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit prosecuted the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. 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/.
Aransas Pass man sentenced for trafficking methRead the Press Release
CORPUS CHRISTI, Texas – A 37-year-old local man has been handed a significant federal prison sentence following his conviction for possession with intent to distribute 11.88 grams of meth, announced U.S. Attorney Jennifer B. Lowery.
Bryson Hughes pled guilty Jan. 19.
Today, U.S. District Judge Drew B. Tipton sentenced Hughes to serve 60 months in federal prison to be immediately followed by four years of supervised release. At the hearing, Hughes expressed his remorse for the offense he committed and requested that his sentence include drug treatment and testing so that he can continue his rehabilitation.
On April 22, 2021, Hughes was pulled over by authorities for traffic violations after his car was seen leaving the residence of a known meth dealer. Officers asked Hughes to exit the vehicle, and saw what Hughes admitted was a marijuana cigarette on the floorboard.
During a search of the vehicle, officers found a lock box on the driver’s side floorboard which contained meth. Meth was also found between two layers of socks on Hughes’ left foot.
The total weight of the narcotics was 11.88 grams.
Hughes has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with the assistance of the Aransas Pass Police Department. Assistant U.S. Attorney Amanda L. Gould prosecuted the case.
Monday 1 August 2022
West Homestead Man Sentenced to Prison for Purchasing Firearms for OthersRead the Press Release
PITTSBURGH, PA -- A resident of West Homestead, Pennsylvania, has been sentenced in federal court to 18 months’ imprisonment and one year of supervised release at each of his eleven counts of convictions for violating federal firearm laws, United States Attorney Cindy K. Chung announced today.
United States District Judge William S. Stickman, IV imposed the sentence on Dennis Renfro, age 30.
According to information presented to the court, Renfro purchased 11 handguns at the direction of others and misrepresented that he was the actual buyer when purchasing the firearms from federal firearms licensees. During the investigation, Renfro admitted to authorities that he purchased one firearm for someone he knew was prohibited from possessing firearms and to purchasing another firearm that was later used in a shooting. Federal agents separately determined that Renfro purchased another firearm for a minor.
Prior to imposing the sentence, Judge Stickman denied the defendant’s request for a downward departure and a downward variance. Judge Stickman also stated, “Gun violence is a plague on our community . . . you purchased eleven firearms . . . the Court is most troubled by the fact that you made this decision time and time again.”
Assistant United States Attorney Brendan J. McKenna prosecuted this case on behalf of the government.
United States Attorney Chung commended the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Renfro.
Waterloo Woman who Illegally Purchased and Possessed Firearms Sentenced to Federal PrisonRead the Press Release
A Waterloo woman who purchased and possessed firearms while being a user of marijuana was sentenced July 29, 2022, to more than a year in federal prison.
Allyssa Stovall, age 23, from Waterloo, Iowa, received the prison term after a February 1, 2022 jury verdict finding her guilty of one count of being a drug user in possession of firearms.
Information disclosed at sentencing showed that, in July 2020, Stovall purchased two firearms. Stovall knowingly and intentionally lied about her drug use to purchase the firearms. Less than a month after purchasing the firearms, Stovall’s firearms were used in two separate shootings in Waterloo. Law enforcement seized the firearms from Stovall in July 2021, and, in September 2021, Stovall attempted to flee from law enforcement officers that were attempting to arrest her on the federal charge. She was eventually taken into custody.
Stovall was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Stovall was sentenced to 12 months’ and 1 day imprisonment. She must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Stovall is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Lisa Williams and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Waterloo Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-02060.
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Vigo County Methamphetamine Dealer Sentenced to 12 Years in Federal Prison for Drug TraffickingRead the Press Release
TERRE HAUTE – Adam Moore, 39, of Terre Haute, Indiana, was sentenced to twelve years in federal prison after pleading guilty to possession with intent to distribute methamphetamine.
According to court documents, on July 28, 2021, Vigo County Drug Task Force officers conducted a search of a residence where Moore was present. Officers found Moore in possession of over 100 grams of methamphetamine. Further investigation led officers to a camper belonging to Moore, where officers seized over 200 grams of methamphetamine and $10,690 in U.S. currency. Moore had previously been convicted of multiple felony offenses, including a 2011 conviction for dealing in methamphetamine, in Vigo County.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Terre Haute Police Department Chief Shawn Keen made the announcement.
The Terre Haute Police Department investigated the case. The Drug Enforcement Administration provided valuable assistance. The sentence was imposed by U.S. District Judge Jane Magnus-Stinson. As part of the sentence, Judge Magnus-Stinson ordered that Moore be supervised by the U.S. Probation Office for five years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Abhishek S. Kambli who prosecuted this case.