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7 September 2022
United States Attorney to host civil rights forumRead the Press Release
MARTINSBURG, WEST VIRGINIA – Federal civil rights laws will be the focus of a forum to be held next week at Shepherd University.
United States Attorney William Ihlenfeld will host a half-day event at Shepherd on Monday, September 12 that will highlight the constitutional rights of citizens and how they are enforced through civil and criminal actions. Experts will discuss fair housing rights, the right to be free from employment discrimination, hate crimes, and the impact of Title IX upon higher education.
The forum will include a keynote address by Kristen Clarke, Assistant Attorney General of Civil Rights for the United States Department of Justice. Attendees will also hear presentations from federal prosecutors and from Anne Lewin, Director of Social Equity, Inclusion, and Title IX Coordinator at Shepherd.
“The vigorous enforcement of federal civil rights laws makes communities in West Virginia safer and stronger,” said U.S. Attorney Ihlenfeld. “At the U.S. Attorney’s Office, we are increasing our focus on civil rights and engaging with the community, inviting citizens to hear from law enforcement professionals who are dedicated to combatting hate and enforcing laws that prohibit discrimination based on race, color, national origin, sex, and religion.”
The event will begin at 9 am at the Byrd Center for Congressional History and Education on Shepherd’s campus. It is free and open to the public. It will also be streamed live on www.youtube.com/c/UnitedStatesAttorneysOffices.
The Martinsburg Rotary Club and the Martinsburg Initiative are partners of the forum, along with Shepherd University.
To learn more, go to justice.gov/usao-ndwv.
Three Members of Newark Drug Enterprise Admit Racketeering and Murder ChargesRead the Press Release
NEWARK, N.J. – Three Essex County, New Jersey, men admitted their roles in murders in aid of racketeering on behalf of a drug enterprise, including the murder of a federal informant, U.S. Attorney Philip Sellinger announced today.
Tyquan Daniels, 26, Ali Hill, 29, and Thomas Zimmerman, 26, all of East Orange, New Jersey, pleaded guilty before U.S. District Judge John Michael Vazquez to racketeering acts in connection with their roles in a narcotics enterprise led by separately charged defendant Michael Healy.
According to documents filed in this case and statements made in court:
In February, 2018, Healy found out that one of his conspirators in the drug enterprise was cooperating with law enforcement by providing information against the drug enterprise. He ordered members of the Brick City Brims Bloods in East Orange to kill the informant. On Feb. 3, 2018, outside the informant’s residence in Bloomfield, New Jersey, Zimmerman and other gang members shot and killed an innocent bystander, believing the bystander was the informant.
Realizing they killed the wrong person, the Healy enterprise members, including Daniels, Zimmerman and Hill, conspired to murder the informant. On March 12, 2018, in Bloomfield, two masked gunmen, members or associates of the drug enterprise approached the informant and fired multiple shots at close range, killing him. Daniels also pleaded guilty to racketeering conspiracy and predicate acts which included the murder of a member of a rival Bloods gang, whom Daniels shot and killed on May 13, 2018.
Hill pleaded guilty on June 29, 2022, before Judge Vazquez to racketeering acts, which included the murder of the federal informant.
Pursuant to the plea agreements, Hill faces a prison term between 20 and 25 years. Daniels and Zimmerman each face prison terms of between 33 and 38 years.
The charges and allegations against Healy are merely accusations, and he is presumed innocent unless and until proven guilty.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of special agent in charge James E. Dennehy in Newark; the Newark Police Department, under the direction of Public Safety Director Fritz G. Fragé; the Essex County Prosecutors Office; the Union County Prosecutor’s Office, East Orange PD; Montclair PD, and the Maryland Department of Public Safety and Correctional Services, Intelligence and Investigative Division, under the direction of Secretary Robert Green.
The government is represented by Senior Trial Counsel Robert L. Frazer of the Organized Crime Gang Unit, and Assistant U.S. Attorney Naazneen Khan, Deputy Chief of the Organized Crime Drug Enforcement Task Force Unit.
Texas woman sentenced for role in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Narkevia Lewis, of Houston, Texas, was sentenced today to 151 months of incarceration for her role in methamphetamine, crack cocaine, fentanyl, and heroin drug distribution operation, United States Attorney William Ihlenfeld announced.
Lewis, age 24, pleaded guilty in November 2021 to one count of “Aiding and Abetting the Maintaining Drug-Involved Premises.” Lewis admitted to working with another to run an apartment in Morgantown for the purpose of distributing methamphetamine, cocaine base, fentanyl, and heroin in the spring of 2020.
Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner prosecuted the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnership with the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated. The Task Forces have members from the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; West Virginia State Police; Monongalia County Sheriff's Office; and, the Morgantown, WVU, Granville and Star City Police Departments. The investigation was also assisted by the following law enforcement partners: the Monongalia County Prosecutor’s Office, the FBI in Houston, Texas; the Houston Police Department's Multi Agency Gang Initiative; the United States Postal Inspection Service in Houston; and, the FBI and DEA in Los Angeles, California.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Chief U.S. District Judge Thomas S. Kleeh presided.
Related case here: https://www.justice.gov/usao-ndwv/pr/25-people-indicted-drug-trafficking-operation-spanned-several-states
Syracuse Man Sentenced to 150 Months for Distributing, Receiving and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Ted Serr, 38, of Syracuse, was sentenced today to serve 150 months in federal prison for distributing, receiving and possessing child pornography, announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI), Buffalo, New York Field Office, and New York State Police Superintendent Kevin P. Bruen.
As part of his guilty plea, Serr admitted that he actively traded child pornography images and videos using a social media messaging application on his cellular telephone, and that on June 2, 2021, he distributed a video file depicting sexual conduct with a child who was between 8 and 11 years old. Serr further admitted that on June 8, 2021, he received a video file depicting sexual conduct with a child who was between 3 and 5 years old. Finally, Serr admitted that on June 10, 2021, he knowingly possessed 52 image files and 452 video files depicting child pornography on his cellular telephone.
Senior United States District Judge Norman A. Mordue also imposed a 15-year term of supervised release, which will start after Serr is released from prison, and ordered Serr to pay $6,000 in restitution and a $300 special assessment. Serr will also be required to register as a sex offender.
Serr’s case was investigated by United States Homeland Security Investigations (HSI), and Investigators of the New York State Police, Computer Crimes Unit (CCU). The case was prosecuted by Assistant U.S. Attorney Geoffrey J.L. Brown as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Springfield Woman Sentenced to 11 Months in Prison for Three Counts Related to Assisting Inmates with Escape from the Sangamon County JailRead the Press Release
SPRINGFIELD, Ill. – A Springfield, Illinois, woman, Allison Poorman, 28, of the 600 block of Douglas Avenue, has been sentenced to 11 months’ imprisonment, to be followed by three years of supervised release, along with a fine of $2,292.14, for conspiracy to commit escape of prisoners in the custody of an institution, conspiracy to possess contraband in prison, and providing or attempting to provide contraband in prison.
At the sentencing hearing, the government presented evidence that Poorman, along with co-defendant Josh Beechler, provided various contraband items to inmates James Russwinkel and Randy Bull while they were incarcerated in the Sangamon County Jail. The items were intended to be used by Russwinkel and Bull to escape from the jail. Some of the items smuggled into the jail included a hack saw, saw blades, zip ties, a cutting glove, a small pry bar, a handcuff key, rope, smoke bombs, and a cellular telephone. Their efforts were thwarted by an anonymous call to the jail.
At the hearing, U.S. District Court Judge Sue Myerscough described the effort taken to assist Russwinkel and Bull to escape from the jail as one of the most elaborate she has seen.
Poorman previously pleaded guilty in November 2021.
The statutory penalties for conspiracy to commit escape of prisoners in the custody of an institution and conspiracy to possess contraband in prison include up to five years’ imprisonment; up to three years of supervised release; and up to a $250,000 fine. The statutory penalties for providing or attempting to provide contraband in prison include up to 10 years’ imprisonment; up to three years’ supervised release; and up to a $250,000 fine.
“The defendant’s actions to assist inmates in escaping from jail shows not only a disrespect for the law, but also placed correctional officers and other jail inmates in danger,” stated Assistant U.S. Attorney Sierra Senor-Moore. “The tools the defendant smuggled into the jail could have been used to harm people. We appreciate the efforts of involved law enforcement and the anonymous caller for preventing further damage or injury.”
The Sangamon County Sheriff’s Office and the United States Marshals investigated the case. Assistant U.S. Attorneys Tanner K. Jacobs and Senor-Moore represented the government in the prosecution.
Springfield Man, Woman Sentenced for Sex Trafficking a ChildRead the Press Release
SPRINGFIELD, Mo. – A Springfield man and woman were sentenced in federal court today for the sex trafficking of a child.
Joseph W. Gibson, 43, and Danna Marie Rodriguez, 37, were sentenced in separate appearances before U.S. District Judge Brian C. Wimes. Gibson was sentenced to 30 years in federal prison without parole, followed by 25 years of supervised release. Rodriguez was sentenced to 20 years in federal prison without parole, followed by 25 years of supervised release.
Gibson and Rodriguez each pleaded guilty to one count of the sexual exploitation of a minor and one count of the sex trafficking of a minor.
Gibson and Rodriguez admitted they sex trafficked a 15-year-old female, identified in court documents as “Jane Doe 1.” They also asked the child victim to recruit some of her friends to participate, but her friends refused to be involved.
Rodriguez took sexually explicit photos of Jane Doe 1, which she sent to Gibson. Gibson and Rodriguez gave ecstasy and marijuana to the child victim prior to her meeting an unidentified man for sex at a local hotel, for which the child victim was paid $70. Gibson and Rodriguez kept the rest of the payment.
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, the Springfield, Mo., Police Department, and the Greene County, Mo., Sheriff’s 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."
South Bend Man Sentenced to 24 Months in PrisonRead the Press Release
SOUTH BEND – Warren B. Heath, III, age 51, of South Bend, Indiana, was sentenced by United States District Court Judge Robert L. Miller, Jr. on his plea of guilty to being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Heath was sentenced to 24 months in prison followed by 2 years of supervised release.
According to documents in the case, in March 2022, Pokagon tribal police found Heath in a minivan parked in the Four Winds-South Bend casino lot. The odor of marijuana was detected coming from the vehicle. Heath did not comply with a request to step out of the vehicle. Instead, he placed his van into reverse, and backed into a Pokagon tribal police patrol vehicle. Heath then actively resisted arrest. A loaded handgun was found under Heath’s jacket which was later determined to have been reported stolen in Michigan. A second loaded handgun was recovered from Heath’s minivan along with a small amount of marijuana and cocaine.
United States Attorney Clifford D. Johnson said, “Mr. Heath’s crime, being a felon in possession of firearms, raises an additional and important concern for the government because his crime occurred on federally recognized Indian tribal land, held in trust for the Pokagon Band of Potawatomi Indians. The United States recognizes a unique obligation of service to tribal communities across the country, and it holds a strong commitment to supporting and furthering public safety on all tribal land. The United States Attorney’s Office has an important relationship with the Pokagon Band and is committed to working with the Pokagon Band to foster public safety and the safety of its tribal citizens, while respecting the Pokagon Band’s sovereignty and culture.”
“The conviction of Warren Heath is a great example of team work between the Pokagon Band Tribal Police and the U.S. Attorney’s Office,” said William Lux, Chief of Police, Pokagon Band of Potawatomi Tribal Police. “The Pokagon Band of Potawatomi Indians is a federally-recognized sovereign nation that is committed to working with our law enforcement partners within the Department of Justice to protect all who visit the Tribe’s trust land and to prosecute those who violate the law on Pokagon land.”
This case was investigated by the Federal Bureau of Investigation and the Pokagon Tribal Police Department. The case was prosecuted by Assistant United States Attorney Luke N. Reilander.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
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Saint Paul Man Sentenced for Methamphetamine OffenseRead the Press Release
COUNCIL BLUFFS, IA – Syed Ben Al-Amin, age 34, of Saint Paul, Minnesota, was sentenced on Tuesday, September 6, 2022, to over eight years in prison (100 months) following his plea to a charge of possession with intent to distribute methamphetamine.
On August 7, 2020, Al-Amin was involved in a hit and run accident on Interstate 80. Iowa State Patrol located Al-Amin driving on Interstate 80 and attempted to stop the vehicle. Al-Min refused to stop his car and a chase ensued into Council Bluffs. Al-Amin drove into a hospital parking lot where he lost control of his vehicle. Al-Amin then fled on foot before being arrested. In the center console of Al-Amin’s vehicle, law enforcement located baggies of pills containing methamphetamine, which Al-Amin planned to distribute.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa State Patrol, the Division of Narcotics Enforcement, and Southwest Iowa Narcotics Task Force investigated the case.
Seven People Indicted for $28 Million Cellphone Fraud and Identity Theft SchemeRead the Press Release
DETROIT - Seven individuals were indicted by a federal grand jury in Detroit charging them with conspiracy to commit wire fraud, and aggravated identity theft related to a $28 million cellphone upgrade fraud scheme spanning multiple states, announced United States Attorney Dawn N. Ison.
Ison was joined in the announcement by Angie M. Salazar, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations.
Charged were:
EMMANUEL LUTER, 31, of Atlanta, Georgia (formerly of Southfield, Michigan)
JOSEPH INGRAM, 31, of Atlanta, Georgia (formerly of Southfield, Michigan)
DALONTAE DAVIS, 31, of Sachse, Texas (formerly of Southfield, Michigan)
DONNELL TAYLOR, 30, of Southfield, Michigan
DOMINIQUE BARNES, 33, of Southfield, Michigan
DELANO BUSH, 32, of Southfield, Michigan
JOSHUA MOTLEY, 33, of Detroit, Michigan
According to the indictment, unsealed today, the defendants, a group that referred to themselves as the “Clear Gods”, engaged in an ongoing scheme to defraud, using the personally identifiable information (PII) of other people to acquire significant numbers of Apple-branded cellular devices on credit, which were then resold for profit.
The defendants did this by first purchasing individuals’ PII from various locations, including from “dump sites” on the internet. The defendants then used the unlawfully acquired PII to open customer cellular accounts with AT&T. Following the successful completion of a credit check, the defendants would add themselves or their associates as “authorized users” on the fraudulent account, allowing those seemingly authorized individuals to charge devices to the customer accounts. The authorized users would then enter one of a variety of retail stores, in a variety of states—most frequently Apple stores—to “upgrade” the service lines on the fraudulent cellular accounts. These devices were then “charged” to the fraudulent customer cellular accounts or otherwise purchased on credit, with defendants typically needing to pay, at most, a small upgrade fee per device. The defendants would then reverse or “clear” the upgrades from the service lines, often allowing them to repeat the previous step of the scheme at another Apple store location.
The members of the conspiracy employed various methods to gain unauthorized access to AT&T’s computer systems for the purpose of creating AT&T accounts, fraudulently adding authorized users, and for clearing the fraudulent upgrades from the service lines. At the beginning of the scheme, this involved the collusive-acquisition or theft of RSA tokens and employee IDs, allowing defendants to later open new accounts (and make changes to existing accounts) by calling into one an internal AT&T support hotline and impersonating AT&T Retail Sales employees.
As the scheme progressed and AT&T restricted employee tokens to allow access exclusively via AT&T equipment (as opposed to remote-access using personal computing equipment), members of the conspiracy took steps to acquire actual AT&T-networked devices—this included social engineering and sleight-of-hand “swapping” of broken or disabled tablets for active tablets from retail sales employees; the outright theft (or collusive acquisition) of retail sales employees’ tablet-computers; and the occasional, strong-armed theft of desktop computer towers from AT&T stores. Throughout the scheme, the defendants routinely sought out and worked with corrupt AT&T retail store employees.
As alleged in the indictment, from as early as June 2017 and continuing through at least September 2019, Defendants conducted more than 26,000 fraudulent transactions, resulting in a loss of more than $28 million dollars.
United States Attorney Ison stated, “As alleged in the indictment, the defendants engaged in an incredibly sophisticated scheme to defraud, evolving their tactics over time in what was ultimately a failed attempt to evade detection and avoid prosecution. This indictment is the culmination of significant efforts by multiple law enforcement agencies across multiple jurisdictions. I want to commend all of those involved for their work to unravel this scheme and prosecute those responsible.
“HSI with our law enforcement partners persevered to unravel the sophisticated scheme which ultimately led to this indictment,” said Special Agent in Charge of HSI Detroit Angie Salazar. “These types of crimes are often mislabeled as victimless, which could not be farther from the truth. Oftentimes victims of fraud are required to spend many years clearing up financial issues and fixing incorrect personal identifying information caused solely by the greed of these criminals. HSI will continue to investigate those criminals who seek to exploit the trade, travel, or finance of the United States.”
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
The case is assigned to U.S. District Court Judge Laurie J. Michelson. The case was investigated by agents from the Detroit Metro Airport resident agency of the Department of Homeland Security, Homeland Security Investigations (HSI), with assistance from the Social Security Administration Office of the Inspector General (SSA-OIG), the Department of Labor Office of the Inspector General (DOL-OIG), the Detroit Metro Airport Police Department, the Taylor Police Department, and the Wayne State University Police Department. The case is being prosecuted by Assistant U.S. Attorney Ryan A. Particka.
Richmond Assisted Living Facility Owner Sentenced for Health Care FraudRead the Press Release
RICHMOND, Va. – The former owner of a Richmond-based assisted living facility was sentenced today to 2 years in prison for health care fraud after diverting over $800,000 in federal and state benefits that were intended to pay for the care of the facility’s residents.
According to court documents, Mable B. Jones, 79, of Richmond, owned and operated Jones & Jones, an assisted living facility complex that served primarily elderly and incapacitated adults. For residents who were legally incapable of managing their own funds, Jones & Jones served as a representative payee and regularly received state and federal benefit payments on behalf of those residents. Representative payees are required to use Social Security benefits to provide for the beneficiary’s needs, including food, clothing, housing, and medical care. Representative payees, moreover, are specifically prohibited from using Social Security benefits for anything other than the beneficiary’s needs. Similar requirements also apply to auxiliary grants issued by the Commonwealth of Virginia’s Department for Aging and Rehabilitative Services.
Beginning around December 2015 and continuing through the facility’s closure in the spring of 2019, Jones converted more than $800,000 of the residents’ federal and state benefits for her own personal use. Jones used the residents’ benefits to satisfy her personal debts, including her mortgage and bankruptcy payments, and to fund her personal travel, retail purchases, and gambling expenses, including at casinos in Atlantic City, New Jersey, and Las Vegas, Nevada.
Jones’s diversion of resident benefits led to significant and persistent deficiencies in the facilities, care, and services provided to Jones & Jones residents, including deficiencies that endangered residents’ health and safety. These conditions ultimately prompted state and federal audits of the facility before its closure, during which Jones made false statements about her conversion and use of resident funds.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office; and Michael McGill, Special Agent in Charge, Social Security Administration Office of the Inspector General, Philadelphia Field Division, made the announcement after sentencing by U.S. District Judge M. Hannah Lauck.
Assistant U.S. Attorneys Kaitlin G. Cooke and Shea Gibbons prosecuted the case.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. It is a term used to describe five subtypes of elder abuse: physical abuse, financial fraud, scams and exploitation, caregiver neglect and abandonment, psychological abuse, and sexual abuse. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10 percent of older Americans every year. Together with our federal, state, local, and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. This holistic and robust response demonstrates the Department’s unwavering dedication to fighting for justice for older Americans.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:21-cr-30.
Providence Man Admits Role in Scheme to Defraud Home DepotRead the Press Release
PROVIDENCE – A Providence man has pleaded guilty to conspiracy to commit wire fraud, having been charged for his role in a scheme that defrauded Home Depot out of approximately $600,000 in tools and building supplies, announced United States Attorney Zachary A. Cunha.
According to charging documents, Luiyi Taveras-Garcia, 35, participated in a wide-ranging scheme that uses stolen or fraudulently created business credit accounts to purchase more than $600,000 in building, roofing, electrical, plumbing and other contractor supplies from Home Depot stores in Rhode Island, Massachusetts, and New Hampshire.
Additionally, Taveres admitted to a federal judge that he purchased construction materials for use in his roofing business from another member of the conspiracy who obtained the materials from Home Depots with the use of stolen credit information.
Taveres is scheduled to be sentenced on December 15, 2020. The defendants’ sentences will be determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
A second defendant charged in this matter, Abel Bier Romero, 29, of Cranston, is awaiting trial on charges of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft. A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorney William F. Ferland.
The matter was investigated by the United States Secret Service New England Cyber Fraud Task Force, with the assistance of the Smithfield Police Department.
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Owner of Car Dealership Sentenced to Two Years in Prison for Engaging in Large-Scale FraudRead the Press Release
NEWARK, N.J. – An Atlantic County, New Jersey, man was sentenced today to 24 months in prison for his role in engaging in a pattern of fraudulent activity through his auto dealership, U.S. Attorney Philip R. Sellinger announced.
Afzal Khan, aka “Bobby Khan,” 40, of Egg Harbor Township, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge William J. Martini to Count One of an indictment charging him with wire fraud.
According to documents filed in the case and statements made in court:
From at least December 2013 through September 2014, Khan, through his car dealership,
Emporio Motor Group of Ramsey, New Jersey, engaged in acts to defraud lenders and customers. Khan obtained loans from the auto finance division of a large bank for cars that he never delivered, but for which the purchaser was still responsible. Khan also obtained loans from the victim bank for cars that were delivered, but for which neither he nor Emporio had title. As a result, the purchasers of these cars were liable for the loans, but could not register the cars. In addition, Khan offered to sell cars for individuals on consignment, but did not return the cars or provide any money to the individuals from the sale of the cars. Khan admitted that as a result of his actions, he exposed the victim bank to a potential loss of at least $550,000.
In addition to the prison term, Judge Martini sentenced Khan to three years of supervised release and ordered forfeiture of $1.1 million. Restitution will be determined at a later date.
U.S. Attorney Sellinger credited special agents of the FBI’s Newark Division, under the direction of Special Agent in Charge James E. Dennehy, with the investigation leading to today’s sentencing. He also thanked the Bergen County Prosecutor’s Office and the Ramsey Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Omaha Man Sentenced to 180 Months for Drug and Firearm ChargesRead the Press Release
Acting United States Attorney Steven Russell announced that James Robert Haage, age 30 of Omaha, Nebraska, was sentenced today in federal court in Omaha for Conspiracy to Possess with Intent to Distribute Methamphetamine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. United States District Court Judge Brian C. Buescher sentenced Haage to 180 months’ imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Haage will be required to serve a five-year term of supervised release.
On December 29, 2020, Haage was stopped in the area of 30th and Cuming Streets in Omaha after he ran a stop sign and almost struck an Omaha Police Department cruiser. A data check showed that he had outstanding warrants and he was placed under arrest. While placing Haage in custody, officers noticed drug paraphernalia in plain view inside of his vehicle. A subsequent search revealed approximately 84 grams of methamphetamine hidden under the dashboard on the driver’s side, drug paraphernalia throughout the car including a drug ledger, and a loaded 9mm handgun under the driver’s seat. Two phones taken from Haage were searched and photos of the gun were found along with selfies taken by Haage.
Haage was able to bond out of jail after his arrest and on May 26, 2021, he was stopped in Omaha after leaving a hotel room that was under investigation. A search of the car he was driving revealed more than 200 grams of methamphetamine.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Omaha Police Department.
New York Woman Pleads Guilty to Bank FraudRead the Press Release
CONCORD – Mary Baird, 55, of New York, New York, pleaded guilty in federal court to bank fraud, United States Attorney Jane E. Young announced today.
According to court documents and statements made in court, between September 2020 and May 2021, Baird entered Citizens Bank branches in New Hampshire and other states on at least 13 separate occasions. She presented means of identification, including Social Security numbers, belonging to real Citizens Bank account holders. Baird then attempted to cash fraudulent checks addressed to those account holders or withdraw funds from their accounts. In total, on these 13 occasions, Baird obtained $36,780 and attempted to fraudulently obtain another $15,450.
After Baird was arrested in this case and released on conditions, she traveled to Pennsylvania and attempted to cash a fraudulent check for $4,990 addressed to another victim. In connection with that failed attempt, Baird presented a fake New Jersey’s driver’s license with that victim’s name.
Baird is scheduled to be sentenced on December 19, 2022.
The case was investigated by the Secret Service. It is being prosecuted by Special Assistant U.S. Attorney Alexander S. Chen.
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Nevada Man Admits Sending over 200 Pounds of Meth to Western PennsylvaniaRead the Press Release
PITTSBURGH, PA – A resident of Sparks, Nevada, pleaded guilty in federal court to violation of federal narcotics laws related to a nine-month Title III wiretap investigation into drug trafficking in and around the counties of Jefferson, Clearfield, and Allegheny, United States Attorney Cindy Chung announced today.
Christopher Robertson, age 61, pleaded guilty to one count of conspiracy to distribute and possesses with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine before United States District Judge Christy Criswell Wiegand. Robertson was one of 47 defendants charged in six related indictments as part of the Return to Sender investigation.
In connection with the guilty plea, the court was advised that Robertson transported over 200 pounds of methamphetamine from Stockton, California, to various post offices located in Nevada. Robertson then mailed parcels containing methamphetamine on behalf of suppliers in California to distributors based in the Western District of Pennsylvania.
Judge Wiegand scheduled sentencing for Robertson on Jan. 23, 2023, at 10:00 a.m. The law provides for a sentence of not less than 10 years to a maximum of life in prison, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The court ordered that the defendant remain on bond pending sentencing.
Assistant United States Attorneys Jonathan D. Lusty and Michael R. Ball are prosecuting this case on behalf of the government.
The Drug Enforcement Administration led the multi-agency investigation of this case, which also included the Homeland Security Investigations, United States Postal Service – Office of Inspector General, United States Postal Inspection Service, Internal Revenue Services, Pittsburgh Bureau of Police, Allegheny County Police, and Pennsylvania State Police. Also assisting were the Jefferson County District Attorney’s Office, Clearfield County District Attorney’s Office, and the Clarion Borough Police Department.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Moss Point Man Sentenced to over Sixteen Years in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
Gulfport, Miss. – A Moss Point man was sentenced to 199 months in federal prison for possession with intent to distribute methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("ATF").
Kevin Lashun Jones, 38, was sentenced in U.S. District Court in Gulfport.
According to information presented to the Court, between July 22, 2021, and January 7, 2022, law enforcement officers purchased over 280 grams of methamphetamine and 2.7 grams of crack cocaine from Jones and one of his coconspirators.
Jones’s coconspirator was previously sentenced to 211 months in prison for this offense.
The ATF and the South Mississippi Metro Enforcement Team investigated the case.
Assistant U.S. Attorney Jonathan Buckner prosecuted the case.
Moss Point Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Gulfport, Miss. – A Moss Point man pled guilty to being a felon in possession of a firearm, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
Michael Terrand Johnson, 40, pled guilty on September 6, 2022, in U.S. District Court in Gulfport.
According to court documents, on June 22, 2022, officers of the Mississippi Bureau of Narcotics and the FBI Safe Streets Task Force attempted to serve a warrant at a residence in Jackson County, Mississippi, when they encountered Michael Johnson. Johnson fled to a bedroom in the home where he stashed a firearm under a bed. Johnson is a previously convicted felon who is not permitted to possess a firearm. On July 19, 2022, Johnson was indicted by a federal grand jury for possession of a firearm by a convicted felon.
Johnson will be sentenced on Tuesday, December 6, 2022, at 1:30 p.m. He faces a maximum penalty of 10 years in prison and a $250,000 fine. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the Federal Bureau of Investigation.
The case is being prosecuted by Assistant U.S. Attorney Erica Rose.
Minneapolis Man Charged with Using 3D Printers to Manufacture MachinegunsRead the Press Release
MINNEAPOLIS – A Minneapolis man has been charged in a federal criminal complaint for possessing auto sears and using 3D printers to manufacture auto sears out of his Minneapolis residence, announced U.S. Attorney Andrew M. Luger.
According to court documents, on August 31, 2022, law enforcement conducted a controlled delivery of a package containing 30 firearm parts to Aaron Malik Cato, 25, at his Minneapolis residence. The package, which had been shipped from Taiwan and intercepted by Customs and Border Protection (CBP) agents, contained enough parts to create 10 auto sears, a device that turns a semi-automatic firearm into a fully automatic firearm and is considered a machinegun under federal law. Upon searching Cato’s home, pursuant to a warrant, law enforcement recovered seven firearms, including five handguns and two AR platform firearms. Three of the handguns were equipped with auto sears and appeared to be Privately Made Firearms (PMF’s), or ghost guns. Law enforcement also found inside Cato’s residence four 3D printers and multiple 3D printed auto sears.
Cato is charged in a criminal complaint with possession of machineguns. He made his initial appearance earlier today in U.S. District Court before Magistrate Judge Tony N. Leung and was ordered to remain in detention pending further proceedings.
This case is the result of an investigation conducted by Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, and the Minneapolis Police Department.
Assistant U.S. Attorney Allison K. Ethen is prosecuting the case.
A complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Merriam Woods Man Sentenced to 17 Years for Sexual Exploitation of Two ChildrenRead the Press Release
SPRINGFIELD, Mo. – A Merriam Woods man was sentenced in federal court today for the sexual exploitation of two child victims.
Billy Rae Clark, 29, was sentenced by U.S. District Judge Brian C. Wimes to 17 years in federal prison without parole. The court also sentenced Clark to 30 years of supervised release following incarceration.
On April 12, 2022, Clark pleaded guilty to two counts of the sexual exploitation of a child. Clark admitted that he secretly recorded a 15-year-old minor, identified in court documents as Jane Doe 1, while she was in the bathroom taking a shower. Clark positioned his cell phone in the bathroom so that it faced the shower and used it to record video of the child victim. Jane Doe 1 discovered the cell phone and the video; she reported it to another person, who then contacted law enforcement.
When investigators searched Clark’s cell phone, they also found 19 images of a second child victim, an 11-year-old identified in court documents as Jane Doe 2, including images of child pornography.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Taney County, Mo., Sheriff’s Office, Homeland Security Investigations and the Southwest Missouri Cyber Crimes Task Force.
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."
Members of Bronx Street Gang Charged with Murder, Attempted Murder, Assault, Racketeering, and Firearms OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Keechant Sewell, Commissioner of the New York City Police Department (“NYPD”), and Ricky J. Patel, the Acting Special Agent-in-Charge of Homeland Security Investigations (“HSI”) in New York, today announced charges against ten alleged members of a street gang known as “ABG” in the Bronx, New York. HENRY JONES, a/k/a “Dew Man,” DAIVON MORGAN, a/k/a “Leeky,” ROBERTO ESPINOSA, a/k/a “Taco,” AMIER WILSON, a/k/a “Smula,” DAVION TRUSTY, a/k/a “Saint,” ELIJAH PERKINS, a/k/a “Eli,” JAMIE WILKINS, a/k/a “OJ,” XAVIER ARAU, a/k/a “X,” JUAN REYES, a/k/a “Gunplay,” and CASSIUS MILLER, a/k/a “Cash,” all of whom are members of ABG, were charged in a Superseding Indictment with racketeering conspiracy, drug trafficking, and firearms offenses. JONES, MORGAN, WILSON, TRUSTY, PERKINS, WILKINS, ARAU, and REYES were also charged with engaging in violent crimes in aid of racketeering. JONES and MORGAN are additionally charged with aiding and abetting the February 8, 2019, murder of Darren Scruggs in the Bronx. The case is assigned to U.S. District Judge Mary Kay Vyskocil.
JONES, PERKINS, WILKINS, ARAU, and MILLER were already in custody in connection with charges contained in a previous indictment related to this prosecution. AMIER WILSON and REYES are in federal custody in connection with charges filed in other prosecutions. TRUSTY and ESPINOSA are in state custody and will be transferred into federal custody. MORGAN was arrested this morning in the Bronx.
U.S. Attorney Damian Williams said: “As alleged in the Superseding Indictment, ABG was an extremely violent street gang that brutalized the Bronx by shooting and slashing their victims. Among ABG’s many victims was Darren Scruggs, who we allege was gunned down at the age of 19 by Roberto Espinosa with the assistance of Daivon Morgan and Henry Jones. With this Superseding Indictment, ABG’s members will face justice for these serious alleged acts of violence.”
NYPD Commissioner Keechant L. Sewell said: “Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be among the highest priorities for the NYPD and our law enforcement colleagues. I thank and commend the NYPD and HSI investigators, along with the prosecutors from the Office of the U.S. Attorney for the Southern District of New York, for their hard work on this important case. We vow to remain relentless in our efforts to identify and arrest anyone who involves themselves in such behavior.”
Ricky J. Patel, the Acting Special Agent-in-Charge of HSI, said: “Today’s charges are yet another step towards making our city a safer place for everyone. The individuals charged today are alleged to have committed numerous acts of senseless violence in the name of loyalty to their gang. This superseding indictment demonstrates HSI’s continued commitment to working together with our partners to dismantle the violent gangs that are terrorizing our communities.”
According to the allegations in the Superseding Indictment filed today in federal court:[1]
From at least in or about 2017 to in or about the present, ABG was a criminal enterprise centered in the Bronx, New York. ABG primarily operated in the vicinity of the Mitchel Houses in the vicinity of 135th and 138th Streets and Lincoln and Willis Avenues. In addition to their local affiliation, many of ABG’s members also affiliated with the national Crips gang. In order to make money for the gang, protect the gang’s territory, and promote the gang’s standing, members of ABG engaged in, among other things, narcotics trafficking and violence, including murder. To that end, ABG members sold crack cocaine and marijuana, promoted their gang affiliation on social media, possessed firearms, and engaged in shootings as part of their gang membership and narcotics trafficking.
For years, ABG engaged in disputes with rival crews in the Bronx, which resulted in numerous acts of violence. Among the many shootings that resulted from those rivalries was the murder of Darren Scruggs on February 18, 2019. On that date, HENRY JONES and DAIVON MORGAN assisted ROBERTO ESPINOSA when he shot and killed Scruggs. In addition, ELIJAH PERKINS shot at rival gang members on October 30, 2018, and committed another shooting on August 21, 2021, with assistance from AMIER WILSON. Separately, WILSON carried out a shooting on March 25, 2022, during which he struck a victim. JAMIE WILKINS also carried out a different shooting on October 28, 2021, and JONES committed a shooting on November 7, 2021, with assistance from JUAN REYES.
ABG’s rivalries also resulted in multiple slashings. For example, on May 8, 2020, REYES, PERKINS, and XAVIER ARAU beat and slashed a victim. Then on February 20, 2021, MORGAN slashed a victim across the face at the direction of TRUSTY.
ABG members also participated in a conspiracy to distribute narcotics in New York. All defendants named in the Superseding Indictment participated in a conspiracy with other individuals to distribute more than 280 grams of crack cocaine from at least in or about 2017 up to and including the present.
Between in or about 2017 and the present, the defendants also possessed, used, brandished, and discharged firearms in furtherance of the narcotics conspiracy in which they all participated. JONES, MORGAN, WILSON, PERKINS, WILKINS, and REYES are further charged with engaging in violent crimes in aid of racketeering, and using, brandishing, and discharging firearms in furtherance of these crimes of violence based on the shootings described above.
* * *
A chart containing the names of the defendants who were charged today and the charges and maximum penalties they face is attached.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by a judge.
Mr. Williams praised the outstanding work of the NYPD, HSI, and the New York City Department of Corrections.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jamie Bagliebter, Christopher Brumwell, Courtney Heavey, and Alexandra Rothman are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Defendant
Age
Charges
Maximum Penalties
HENRY JONES, a/k/a “Dew Man”
25
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy; Murder in Aid of Racketeering; Use of a Firearm Resulting in Death; Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Crime of Violence
Mandatory life in prison
DAIVON MORGAN, a/k/a “Leeky”
23
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy; Murder in Aid of Racketeering; Use of a Firearm Resulting in Death; Assault with a Deadly Weapon in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Crime of Violence
Mandatory life in prison
ROBERTO ESPINOSA, a/k/a “Taco”
21
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy
Maximum of life in prison; mandatory minimum 20 years in prison (10 years to run consecutive to any other sentence)
AMIER WILSON, a/k/a “Smula”
23
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy; Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Crime of Violence
Maximum of life in prison; mandatory minimum 40 years in prison (30 years to run consecutive to any other sentence)
DAVION TRUSTY, a/k/a “Saint”
23
Racketeering Conspiracy; Narcotics Conspiracy; Assault with a Deadly Weapon in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy
Maximum of life in prison; mandatory minimum 20 years in prison (10 years to run consecutive to any other sentence)
ELIJAH PERKINS, a/k/a “Eli”
22
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy; Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Crime of Violence
Maximum of life in prison; mandatory minimum 40 years in prison (30 years to run consecutive to any other sentence)
JAMIE WILKINS, a/k/a “OJ”
23
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy; Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Crime of Violence
Maximum of life in prison; mandatory minimum 30 years in prison (20 years to run consecutive to any other sentence)
XAVIER ARAU, a/k/a “X”
21
Racketeering Conspiracy; Narcotics Conspiracy; Assault with a Deadly Weapon in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy
Maximum of life in prison; mandatory minimum 20 years in prison (10 years to run consecutive to any other sentence)
JUAN REYES, a/k/a “Gunplay”
24
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy; Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Crime of Violence
Maximum of life in prison; mandatory minimum 30 years in prison (20 years to run consecutive to any other sentence)
CASSIUS MILLER, a/k/a “Cash”
22
Racketeering Conspiracy; Narcotics Conspiracy; Use, Brandishing, and Discharge of a Firearm in Furtherance of a Narcotics Conspiracy
Maximum of life in prison; mandatory minimum 20 years in prison (10 years to run consecutive to any other sentence)
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment and the description of the Superseding Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Member of Large Drug Trafficking Organization Sentenced to 120 Months in Federal Prison for Drug TraffickingRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that Aron Winter Mosquera-Castro, age 28, of Houston, Texas was sentenced to 120 months in federal prison following his convictions for conspiracy to distribute and to possess with the intent to distribute heroin, unlawful travel in aid of a racketeering enterprise, and unlawful use of a communications facility. The Court further sentenced him to serve five years of supervised release following his term of imprisonment.
On June 23, 2021, following a three-day trial, a jury found Mosquera-Castro, guilty of the above charges for his role in a drug distribution ring obtaining heroin from Houston and operating in East Baton Rouge and Ascension parishes. Mosquera-Castro acted as an interpreter for the source of the heroin, negotiated prices with the locals receiving the heroin, and thereafter transported it from Houston, Texas to Ascension Parish for further distribution. Mosquera-Castro is the eighteenth and final member of the drug trafficking organization to be convicted in this matter.
This operation was investigated by the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Louisiana State Police, Ascension Parish Sheriff’s Office, Iberville Parish Sheriff’s Office, West Baton Rouge Parish Sheriff’s Office, East Baton Rouge Parish Sheriff’s Office, Gonzales Police Department, and Baton Rouge Police Department. This matter was prosecuted by Assistant United States Attorneys Robert Piedrahita, Jennifer Kleinpeter and William Morris.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Maryland Man Facing Federal Charge for Threatening a Member of CongressRead the Press Release
Baltimore, Maryland – A criminal complaint has been filed charging Justin Kuchta, age 39, of Annapolis, Maryland, with a federal charge for sending messages over the Internet that threatened to injure a United States Member of Congress. The complaint was filed on September 6, 2022 and unsealed today. Kuchta is expected to have an initial appearance in U.S. District Court in Baltimore today at 2:30 p.m. before Chief U.S. Magistrate Judge Beth P. Gesner.
The criminal complaint was announced by United States Attorney for the District of Maryland Erek L. Barron; Chief J. Thomas Manger of the United States Capitol Police; and Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police.
“You have the right to your own opinions, but not the right to threaten a federal official’s life,” said United States Attorney for the District of Maryland, Erek L. Barron. “We’ll continue prosecuting these threats to the fullest extent of the law.”
According to the affidavit filed in support of the criminal complaint, Kuchta made threats to murder a U.S. Member of Congress. The affidavit alleges that a U.S. Member of Congress’ district office in Texas reported that on July 18, 2022, it received a threatening message via an event management website. The message stated “Thank you for the address!!! I’m coming to murder all of you Satanist f*ckers!!! Especially the chuckle-f*ck Zodiak [sic] Killer [Member of Congress 1]!! That fat fake f*cker ass will be the first on the gallows!! SEE ALL OF YOU F*CKERS REALLY SOON!!! With my fresh militia and weapons!!! Thanks for the info f*ckers!!!” According to the affidavit, the Member of Congress’ Washington office reported that a similar message was sent on July 22, 2022, using the same event management website.
As detailed in the affidavit, an investigation revealed that the IP address was registered to a private high-speed network operated by the State of Maryland. Network records revealed that the IP address originated from a Virtual Private Network and computer assigned to Kuchta. Kuchta was subsequently interviewed by Special Agents with the U.S. Capitol Police at his place of employment in Annapolis, Maryland.
If convicted, Kuchta faces a maximum sentence of five years in federal prison for interstate communication containing a threat to injure. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Erek L. Barron commended the United States Capitol Police and the Maryland State Police for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Thomas M. Sullivan, who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, and its efforts to protect national security, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/anti-terrorism.
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Marijuana Trafficker Sentenced for Drug-Related MurderRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was sentenced today to 45 years in prison for murdering another man in retaliation for robbing him of an ounce of marijuana, and trying to convince a witness to lie for him to cover it up.
According to court documents, Melvin Palma Flores, 20, was a marijuana dealer who carried firearms for protection while dealing drugs. Evidence presented at trial from Palma Flores’s social media accounts showed that Palma Flores posted images depicting the marijuana he sold, his cash proceeds, and the multiple guns and ammunition that he used to protect his drugs and his money. On October 25, 2019, the victim, X.B., arranged for his two associates to purchase marijuana from Palma Flores. In reality, X.B. intended for his associates to rob Palma Flores. When the associates showed up to Palma Flores’s home in Alexandria, one of them stole the marijuana from Palma Flores and brought it back to X.B.
Palma Flores then planned his retaliation against X.B. for setting up the robbery. Palma Flores, who was carrying a firearm, met with two of his associates and traveled to X.B.’s apartment complex in Alexandria. X.B., who was unarmed, was sitting on the staircase outside of his apartment. Palma Flores discharged his firearm multiple times, striking X.B. in the right arm and in the top of the head, causing X.B.’s death.
Following his arrest in February of 2020, Palma Flores wrote a letter to his girlfriend instructing her to lie about the events that occurred on the night of the murder and to influence others to lie about the incident to law enforcement—specifically, to try to frame another person for the murder.
In December 2021, Palma Flores was convicted by a federal jury of first-degree murder by firearm in relation to drug trafficking, possession with intent to distribute marijuana, and witness tampering
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Kevin Davis, Fairfax County Chief of Police; and Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division, made the announcement after sentencing by U.S. District Judge Rossie D. Alston, Jr.
Assistant U.S. Attorneys Michael P. Ben’Ary and Katherine E. Rumbaugh prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-142.
Man involved in catalytic converter thefts sentenced to 9 months in prisonRead the Press Release
ST. LOUIS – U.S. District Judge Sarah E. Pitlyk on Wednesday sentenced a man involved in the theft and sale of 39 catalytic converters to nine months in prison and ordered him to pay restitution of $46,001.
D’Ante Carter, 38, acted as lookout as another man stole the catalytic converters, which contain trace amounts of precious metals. From January to September of 2020, the pair cut the converters free from vehicles, primarily targeting trucks and vans parked at landscaping companies, other commercial businesses and an organization that helps those with disabilities. The men sold the converters to a recycling company in Illinois, Carter admitted in his plea agreement.
Carter pleaded guilty to a conspiracy charge in February.
Another man, Matthew Jennings, 31, was indicted in April on the same charge and has pleaded not guilty. His case is pending.
The FBI and the St. Louis County, St. Charles County, Creve Coeur, Bridgeton, Maryland Heights, O’Fallon, Missouri and Webster Groves police departments investigated this case. Assistant U.S. Attorney John Ware prosecuted the case.
Maine Man Pleads Guilty to Child Exploitation OffensesRead the Press Release
BOSTON – A Maine man has pleaded guilty to travelling to have sex with a minor and possessing child pornography.
Patrick Plummer, 30, of Parsonsfield, Maine, pleaded guilty on Sept. 1, 2022 in federal court in Boston to one count of attempted enticement of a minor, one count of intent to engage in illicit sexual conduct with a person under 18 years of age and one count of transportation of child pornography. U.S. District Court Judge Denise J. Casper scheduled sentencing for Dec. 20, 2022. Plummer was arrested and charged by criminal complaint in January 2021 and subsequently indicted in February 2021.
“Protecting the safety, innocence and wellbeing of our children is some of the most important work we do,” said United States Attorney Rachael S. Rollins. “As the United States Attorney, and the guardian of my 13-year-old niece, this case is another heinous reminder of the real-life dangers of the internet and the predators that lurk online with the intention of targeting, exploiting and sexualizing our children. We will continue to hold predators like Mr. Plummer accountable and fight to keep them removed from our communities.”
“What Patrick Plummer admitted to is abhorrent. This child predator traveled here from Maine to sexually assault what he believed to be a 13-year-old girl, while in possession of over a hundred images and videos depicting other children, some toddlers, being sexually abused,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “Sexual assaults against children remain an ongoing, pervasive problem, and we will continue to do everything we can to identify and apprehend the individuals responsible for these atrocious acts.”
Plummer communicated via various messaging applications with an undercover officer posing as a 13-year-old girl and devised a plan to meet the purported child in Georgetown, Mass. to have sex. On Sept. 26, 2020, Plummer drove from Maine to a predetermined location in Georgetown. Officers arrested Plummer on scene, and found him in possession of four cell phones, a computer and a spring-release knife. Forensic analysis of the electronic evidence seized from Plummer’s car revealed over 7,000 images and videos of child pornography on at least three of the devices.
Plummer admitted that he had traveled from Maine to meet the purported 13-year-old girl; that he was talking to approximately 10 underaged girls; and that child pornography would be found on his devices. Plummer further admitted that he shared these images with other individuals through Kik Messenger.
The charge of attempted enticement of a minor provides for a mandatory minimum sentence of 10 years and up to life in prison. The charge of traveling with intent to engage in illicit sexual conduct with a minor provides for a sentence of up to 30 years in prison. The charge of transportation of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison. All three charges carry a minimum of five years and up to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
U.S. Attorney Rollins, FBI SAC Bonavolonta and Georgetown Police Chief Donald C. Cudmore made the announcement today. The Essex County District Attorney’s Office and the Salisbury and Newbury Police Departments provided assistance with the investigation. Assistant U.S. Attorney J. Mackenzie Duane of Rollins’ Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Macon State Prisoner Sentenced to 300 Months for Brokering Kilogram Meth Deal, Attempting to Have Drugs Smuggled into Georgia PrisonsRead the Press Release
MACON, Ga. – An incarcerated individual who attempted to have a controlled substance smuggled into Georgia prisons and brokered a methamphetamine deal with an undercover GBI agent was sentenced to serve 25 years in federal prison for his crimes.
Brannon McCoy, 27, of Jasper, Georgia, was sentenced to serve 300 months in prison to be followed by eight years of supervised release (to be served consecutively to current state sentences) after he previously pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine and one count of using a communications device to facilitate drug trafficking crimes. Co-defendant Jose Lainez-Zamora, 21, of Brookhaven, Georgia, was sentenced to serve 96 months in prison to be followed by three years of supervised release after he previously pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine. U.S. District Judge Tilman E. “Tripp” Self, III handed down the sentences on Sept. 6.
“Let me be clear that incarcerated individuals working to undermine the safety and security of our prisons and our communities will face accountability for their crimes at the federal level,” said U.S. Attorney Peter D. Leary. “Our office is working closely with local, state and federal law enforcement to combat prison crime and corruption; safer prisons make for safer communities.”
“Illegal drug dealing – inside or outside prison – will not be tolerated. This already incarcerated offender decided to not take his current sentence seriously and continue to commit crimes behind the wire. We are committed to working with our state and federal partners to investigate drug trafficking and smuggling and bring these offenders to justice,” said GBI Director Michael Register.
According to court documents, a confidential informant (CI) told GBI agents in Aug. 2020 that McCoy, who was incarcerated at Macon State Prison, was trying to find someone to help him smuggle a controlled substance analogue called “spice” into Georgia prisons. A GBI undercover agent began communicating with McCoy on social media, posing as an individual who was willing to assist McCoy with smuggling illegal drugs into Georgia prisons. During the course of the investigation, McCoy brokered a deal to sell the undercover agent one kilogram of methamphetamine and coordinated the address, time and instructions on meeting the drug courier. As arranged by McCoy, the undercover agent met with co-defendant Lainez-Zamora at a Brookhaven apartment complex. Lainez-Zamora was taken into custody in possession of nearly one kilogram of 100% pure methamphetamine and in possession of a loaded handgun with a magazine containing 17 rounds of ammunition. Lainez-Zamora told agents he had been distributing methamphetamine; a search of his apartment recovered a half kilogram of methamphetamine and $51,920 in cash. McCoy has a lengthy criminal history to include three prior convictions for serious drug felonies in the Superior Court of Pickens County, Georgia.
The case was investigated by GBI.
Assistant U.S. Attorney Joy Odom prosecuted the case.
Long Island MS-13 Gang Members Face Additional Racketeering Charges, Including for the 2016 Murder of a Central Islip ManRead the Press Release
Today, in federal court in Central Islip, a 29-count superseding indictment was unsealed charging eight members and associates of the violent transnational criminal organization La Mara Salvatrucha, also known as the “MS-13,” with multiple racketeering offenses, including predicate racketeering acts involving murder, attempted murder, conspiracy to commit murder, and related narcotics and firearms offenses. The defendants will be arraigned on a later date before United States District Judge Joan M. Azrack.
Two of the defendants, Kevin Torres, also known as “Inquieto” and “Quieto” (Torres), and Oseas Gonzalez, also known as “Manota” and “Cordero” (Gonzalez), have now been charged with the September 5, 2016 murder of Marcus Bohannon, in Central Islip. Racketeering charges and related offenses were also added against Gonzalez and Victor Lopez-Morales, also known as “Persa” (Lopez-Morales), in connection with the October 14, 2016 murder of Carlos Ventura-Zelaya; and against David Sosa-Guevara, also known as “Risky” (Sosa-Guevara), in connection with a May 23, 2020 assault against a rival gang member at the Nassau County Correctional Facility. Finally, the superseding indictment charges an additional defendant, Kevin Cuevas Del Cid, also known as “Creeper,” “Malcriado,” “Sombra,” “Vinky” and “Dabura” (Del Cid), in connection with his participation in the May 21, 2016 murder of Kerin Pineda, and the October 10, 2016 murder of Javier Castillo.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), and Patrick Ryder, Commissioner, Nassau County Police Department (NCPD), announced the superseding indictment.
“The superseding indictment demonstrates the resolve of this Office and the Long Island Gang Task Force to bring to justice the MS-13 gang members responsible for each and every one of the appalling and senseless murders they have committed in our communities on Long Island and elsewhere,” stated United States Attorney Peace. “It is my hope that these latest charges bring some consolation to the families of the victims.”
“We are making a positive impact in the communities once terrorized by these MS-13 members, but we are seeing signs the gang is attempting to rebuild. Along with our law enforcement partners on our Long Island Gang Task Force, we remain determined to prevent that from happening, but we cannot do it alone. We need the public to remain vigilant and contact us with any information they have to prevent another rash of MS-13 murders,” stated FBI Assistant Director-in-Charge Driscoll.
“These MS-13 members are calculated, manipulative and have no regard for human life,” stated SCPD Commissioner Harrison. “I commend the US Attorney’s Office for the Eastern District of New York and the Long Island Gang Task Force for their relentless pursuit to hold these individuals accountable. The unsealing of this indictment sends a clear message to gang members who think they are enhancing their gang’s reputation by committing heinous crimes—you will be held accountable.”
“These eight new indictments for murder of individuals connected to MS-13 is another clear example of how the Long Island Gang Task Force continues to bring these criminals to justice. The dedicated investigators that comprise the task force from multiple law enforcement agencies are the most experienced and professional in their departments. I would like to thank them for their continued diligence by keeping all of our communities safe,” stated NCPD Commissioner Ryder.
Bohannon murder
As detailed in the superseding indictment, as well as in court filings, Torres and Gonzalez have been charged in connection with the murder of Bohannon, who was shot and killed shortly after midnight on September 5, 2016. Prior to the murder, on the evening of September 4, 2016, members of the Sailors Locos Salvatruchas Westside (Sailors) clique and Hollywood Locos Salvatruchas (Hollywood) clique of the MS-13 met at a house in Central Islip. Torres, who was the leader of the Sailors clique for all of New York, told the other gang members who were gathered at the house, including Gonzalez, a member of the Hollywood clique, that they would be going out that night hunting for rival gang members to kill. The MS-13 members separated into several cars and drove around Central Islip and Brentwood looking for people they could target as rivals. While Gonzalez and his fellow MS-13 members were driving through Central Islip, they observed Bohannon walking along Lowell Avenue. Suspecting that the victim was a member of the rival Bloods gang, Gonzalez and another MS-13 member, both armed with handguns, got out of the vehicle, approached the victim and started shooting. After shooting the victim numerous times, Gonzalez handed his gun to the other MS-13 member who fired several more shots into the victim after his own gun had jammed. Bohannon died from his wounds.
Ventura-Zelaya murder
The superseding indictment also adds charges against Gonzalez and Lopez-Morales in connection with the October 14, 2016 murder of Carlos Ventura-Zelaya, in Roosevelt. Ventura-Zelaya had been marked for death by the MS-13 because of his suspected membership in the rival 18th Street gang. On the day of the murder, Gonzalez observed the victim at a deli in Roosevelt and alerted other members of the Hollywood clique. Gonzalez then picked up several fellow gang members, including Carlos Alfaro, also known as “Russo” (Alfaro), to assist in the murder. The group next drove to the home of Lopez-Morales, who gave them a handgun. After obtaining the weapon, Gonzalez drove the group back in the direction of the deli to look for and kill the victim. Once they spotted Ventura-Zelaya walking on Hudson Street in Roosevelt, Alfaro, who was armed with the gun, and another MS-13 member got out of the car, approached him and Alfaro fired multiple times, striking and killing the victim.
Pineda and Castillo murders
Del Cid is charged in this superseding indictment with the May 21, 2016 murder of Kerin Pineda, the October 10, 2016 murder of Javier Castillo, and conspiring to distribute cocaine and marijuana. Del Cid, who was 16-years’ old at the time of these murders, was initially charged as a juvenile in a sealed proceeding before being transferred to adult status by order of the Court following a juvenile transfer hearing before the United States Circuit Judge Joseph F. Bianco sitting by designation.
Members of the Sailors and Hollywood cliques murdered Pineda after suspecting him to be a member of the 18th Street gang. On the day of the murder, Del Cid, who was a member of the Sailors clique and seeking promotion in the gang, helped to lure Pineda to a secluded wooded area near the Merrick-Freeport border where he and other MS-13 members were lying in wait armed with machetes. When the victim arrived, Del Cid, and other MS-13 members, including Ever Morales-Lopez, also known as “Kyen,” “Lenky” and “Inke,” Jose Jonathan Guevara-Castro, also known as “Suspechoso,” and Gonzalez surrounded and attacked Pineda, stabbing, slashing and hacking him to death with machetes. While this was taking place, Torres and Sosa-Guevara, the leaders of the Sailors and Hollywood cliques, respectively, were driving around the area in two separate cars looking out for any police presence. Lopez-Morales was in the car with Sosa-Guevara. After Pineda was killed the MS-13 members buried him in a hole that had been dug the day before. Pineda’s remains were recovered more than a year later.
Castillo was also killed based on his suspected membership in the 18th Street gang. Del Cid, Torres and more than a half dozen other members of the Sailors clique participated in the Castillo murder. On the night of October 10, 2016, the MS-13 members lured Castillo to Cow Meadow Park in Freeport. They brought him to an isolated marsh area along the water where he was viciously attacked with machetes. After killing Castillo, the MS-13 members dug a hole and buried the body, which was not recovered until one year later. Many of the participants in the Castillo murder were previously charged in a separate case, two of whom have pleaded guilty.
Additional Charged Crimes
Finally, the superseding indictment charges Sosa-Guevara with assaulting a rival gang member while in prison. On May 23, 2020, Sosa-Guevara and several other MS-13 members got into an altercation with an inmate who was a member of the Bloods street gang. Sosa-Guevara and the other MS-13 members armed themselves with sharpened metal objects and attacked the victim beating and stabbing him repeatedly until corrections officers intervened and stopped the assault. The victim sustained multiple lacerations and stab wounds, and later recovered from his injuries.
In the underlying indictment, Torres was charged with the 2016 murder of 19-year-old Oscar Acosta in Brentwood; Lopez-Morales and Gonzalez were charged with the 2016 murder of 19-year-old Josue Amaya-Leonor in the Roosevelt Preserve; and Lopez-Morales and Sosa-Guevara were charged with the 2017 murder of 15-year-old Angel Soler in Roosevelt.
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This superseding indictment is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members and associates of the MS-13, a violent, transnational criminal organization. The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States. With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members and associates with carrying out more than 60 murders in the district, and has convicted dozens of MS-13 leaders, members and associates in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, New York State Police, Hempstead Police Department, Rockville Centre Police Department and New York State Department of Corrections and Community Supervision.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Paul G. Scotti, Justina L. Geraci and Megan E. Farrell are in charge of the prosecution, with assistance from Assistant District Attorney Jared Rosenblatt of the Nassau County District Attorney’s Office.
New Defendant:
KEVIN CUEVAS DEL CID (also known as “Creeper,” “Malcriado,” “Sombra,” “Vinky” and “Dabura”)
Age: 22
Freeport, New YorkPreviously Indicted Defendants Facing Additional Charges:
OSEAS GONZALEZ (also known as “Manota” and “Cordero”)
Age: 30
Charlotte, North CarolinaVICTOR LOPEZ-MORALES (also known as “Persa”)
Age: 34
Roosevelt, New YorkDAVID SOSA-GUEVARA (also known as “Risky”)
Age: 31
Roosevelt, New YorkKEVIN TORRES (also known as “Inquieto” and “Quieto”)
Age: 26
Freeport, New YorkE.D.N.Y. Docket No.: 20-CR-251 (JMA)
Lawrence Woman Convicted in Fentanyl Trafficking ConspiracyRead the Press Release
BOSTON – A Lawrence woman has been convicted by a federal jury in Boston of drug trafficking offenses in connection with her role in a fentanyl trafficking conspiracy.
Danybelkis Vasquez-Rodrigue, 28, was convicted on Aug. 30, 2022 following a five-day trial of one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl. U.S. District Court Chief Judge F. Dennis Saylor IV scheduled sentencing for Dec. 13, 2022. Vasquez-Rodrigue was indicted in January 2021 along with co-conspirator Saury Rodriguez-Ruiz.
“Ms. Vasquez-Rodrigue was involved in a conspiracy that pumped fentanyl into our communities and profited off of the immense harm and pain it caused,” said United States Attorney Rachael S. Rollins. “Drug traffickers across the United States pose a serious, existential threat to public safety. Last year in our Commonwealth alone, opioids stole the lives of more than 2,000 people. Those who make a living off poisoning our communities, like Ms. Vasquez-Rodrigue, will be identified, prosecuted and held accountable. This conviction should make that point clear.”
“Removing Danybelkis Vasquez-Rodrigue from the streets, along with the deadly poison peddled by this drug trafficking organization in the city of Lawrence will prevent them from continuing to endanger public health and safety,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “This case is indicative of the success that can be attained when agencies combine resources to put drug traffickers out of business and behind bars, as we work together to dismantle criminal enterprises that profit from flooding our neighborhoods with illicit drugs.”
In November 2020, law enforcement began an investigation into Rodriguez-Ruiz, who had been identified as a Lawrence-based drug supplier. On Nov. 24, 2020, Rodriguez-Ruiz distributed nearly one kilogram of fentanyl to a cooperating witness. In exchange for the fentanyl, Vasquez-Rodrigue collected $42,000 from the cooperating witness. Vasquez-Rodrigue then transmitted those drug proceeds to the fentanyl supplier in Mexico via small payments to multiple individuals through local money remitting businesses.
On May 26, 2022, Rodriguez-Ruiz pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 400 grams or more of fentanyl and one count of distribution and possession with intent to distribute 400 grams or more of fentanyl. He is scheduled to be sentenced on Sept. 9, 2022.
The charge of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl provides for a mandatory minimum sentence of 10 years and up to life in prison, at least five years of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement. The case was investigated by the FBI’s Strike Force including the Norfolk County Sherriff’s Office. Assistant U.S. Attorneys Alathea E. Porter and Stephen W. Hassink of Rollins’ Narcotics & Money Laundering Unit are prosecuting 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.
Las Cruces man charged with armed robberyRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office announced today that Myles Delando Luciano made an initial appearance in federal court on a criminal complaint charging him with interference with commerce by threats or violence. Luciano, 26, of Las Cruces, will remain in custody pending a preliminary and detention hearing scheduled for Sept. 9.
According to the complaint, on July 27, Luciano and Joshua Lopez, 25, also of Las Cruces, allegedly attempted to walk out of a Lowes Home Improvement Store with an air conditioner without paying for the item. When two store employees and an off-duty U.S. Border Patrol (USBP) agent tried to stop them, Luciano allegedly pointed what appeared to be a handgun at the employees and fled in a vehicle. It was later discovered that the pistol was a pellet gun.
Las Cruces Police (LCPD) officers located the vehicle and attempted to stop Luciano and Lopez. Luciano and Lopez allegedly led LCPD on a high-speed chase, ending in a parking lot on Telshor Boulevard in Las Cruces. The pellet gun was located inside the vehicle.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Luciano faces up to 20 years in prison.
Joshua Lopez, who is also charged in the complaint, currently has an outstanding arrest warrant in connection with this case. Anyone with knowledge of Lopez’s whereabout can provide information at 1-800-CALL FBI.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from LCPD. Assistant United States Attorneys Maria Y. Armijo and Ryan Ellison are prosecuting the case.
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Kalispell woman admits running money mule business, sending money overseasRead the Press Release
MISSOULA —A Kalispell woman accused of operating a money mule business in which she collected money from various wire fraud schemes around the United States and then sent the funds overseas for a fee admitted to charges today, U.S. Attorney Jesse Laslovich said.
Theresa Anne Chabot, 57, pleaded guilty to unlicensed money transmitting businesses. Chabot faces a maximum of five years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. A sentencing date was set for Jan. 5, 2023 before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Chabot was released pending further proceedings.
A plea agreement filed in the case recommends that 29 other counts charged in an indictment be dismissed at sentencing, that Chabot be responsible for complete restitution estimated by the government at approximately $5.2 million and that Chabot forfeit a 2021 Chevrolet Tahoe.
The government alleged in court documents that from about May 2017 until February 2021, Chabot, through her business, Avalanche Creek, LLC, collected money from various wire fraud schemes around the United States into her bank accounts. When doing so, Chabot operated as a money transmitting business and was required to register Avalanche Creek with the Department of Treasury. The government further alleged that Chabot opened more than 50 bank accounts. Banks closed numerous accounts after reviewing the activity, and at least 15 banks directly informed Chabot the accounts were being closed due to fraud, violation of bank policies and other misuse. Despite the repeated bank account closures, Chabot would open new bank accounts that enabled her to receive proceeds. Chabot received a fee, which in some instances totaled approximately 10 percent of the proceeds deposited into her bank accounts. Chabot would then forward the remaining funds overseas, including to Dubai, in the United Arab Emirates.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by the FBI and IRS Criminal Investigation.
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Kalispell couple sentenced to more than 30 months in prison in scheme to steal mail and use stolen credit cards to defraud businessesRead the Press Release
MISSOULA — A Kalispell couple convicted in a scheme to steal hundreds of pieces of mail from rural mailboxes in Lincoln and Flathead counties and use credit cards found in the stolen mail to defraud businesses were sentenced to prison terms today, U.S. Attorney Jesse Laslovich said.
Michael Thomas Kullberg, 34, was sentenced to 31 months in prison, to be followed by three years of supervised release. Kullberg pleaded guilty in May to theft of mail, wire fraud and aggravated identity theft.
Kullberg’s wife, Jennifer Don Smith, 38, was sentenced to 32 months in prison, to be followed by three years of supervised release. Smith pleaded guilty in May to wire fraud and aggravated identity theft.
Both Kullberg and Smith were ordered to pay $2,302 restitution, which consisted of the fraudulent charges and reimbursement for stolen mail.
U.S. District Judge Donald W. Molloy presided.
In court documents, the government alleged that on at least two occasions in March and April 2020, Kullberg, while wearing a GPS unit for a previous felony conviction, stole mail and packages from rural mailboxes of at least 300 residents in the Eureka, Libby, Kila and Marion areas. Kullberg also stole at least two credit cards from the incoming mail, and used them, while wearing his GPS unit, to make fraudulent charges at various businesses Eureka and Kalispell. Smith conspired with her husband to use stolen credit cards taken from the victims’ mail and personally tendered the cards. The investigation found that the stolen mail was dumped along roadways, ditches and other public areas. Dozens of residents reported the loss of packages, letters, bills, outgoing checks and personal identifying information. Kullberg later denied that he stole mail or used anyone else’s credit card without permission. When asked why his GPS unit placed him at the scene of the thefts, Kullberg explained he was driving around fighting with Smith in the car.
Assistant U.S. Attorney Karla E. Painter prosecuted the case, which was investigated by the U.S. Postal Inspection Service, Lincoln County Sheriff’s Office, Eureka Police Department and Montana Probation and Parole.
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Justice Department Seeks to Shut Down Texas Tax PreparerRead the Press Release
The United States filed a complaint in the U.S. District Court for the Southern District of Texas today to bar a Houston area tax return preparer from preparing federal income tax returns for others.
The suit was brought against Jonathan Perry, individually and doing business as X-Pert Tax Services and as JONATHAN PERRY. The complaint alleges that during 2017-2022, over 4,000 federal income tax returns were filed with the IRS using electronic filing identification numbers that the IRS issued to Perry. According to the complaint, in a substantial number of these tax returns, the defendants significantly overstated the customers’ tax refunds by fabricating employee business expenses, household help income, business losses and/or by falsely claiming education credits and fuel excise tax credits to which the customers were not entitled.
By repeatedly understating his customers’ tax liabilities, the complaint alleges, Perry and his tax preparation businesses cost the United States more than an estimated $4.4 million in tax revenue from 2017 to 2022.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $73,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Secures Relief Against American Airlines for Air Force Reserve VeteranRead the Press Release
The Justice Department announced today that it had resolved a claim that American Airlines (American) violated the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) by underfunding the 401(k) retirement account of Thomas P. Harwood III, a veteran of the U.S. Air Force Reserve, after he returned to work from various military obligations. Mr. Harwood is a Major General (O-8) (Ret.) who joined the U.S. Air Force in 1981, served in the U.S. Air Force Reserve from 1991 until his retirement in 2016, and has worked for American Airlines as a commercial pilot since 1992.
“Federal law requires employers to promptly reemploy servicemembers after their military service obligations, and also requires them to promptly restore their retirement benefits as if they had no break in employment,” said Assistant Attorney General Kristen Clarke of the Justice Department's Civil Rights Division. “Employers who violate the civil rights of those who serve in the military will be held accountable. This settlement demonstrates the Justice Department’s ongoing commitment to protecting the rights of servicemembers who sacrifice to serve our country.”
Following the conclusion of Maj. Gen. Harwood’s military service obligations in 2016, including one that had begun in 2013, American both underfunded the make-up contributions it owed to his 401(k) account upon his return and deposited them well after the 90-day limit provided by federal regulations. Under the terms of the settlement, American has agreed to compensate Harwood $15,671 in monetary damages and provide USERRA training to all employees in its 401(k) department.
Congress enacted USERRA to encourage non-career service in the military by reducing employment disadvantages; to minimize the disruption to the lives of persons performing military service, their employers, and others, by providing for the prompt reemployment of such persons upon the completion of their service; and to prohibit discrimination and retaliation against servicemembers if they pursue a claim under USERRA.
The Department of Labor (DOL) referred this matter to the department following an investigation by its Veterans’ Employment and Training Service. The Employment Litigation Section of the Department of Justice’s Civil Rights Division handled the case and continues to work collaboratively with the DOL to protect the jobs and benefits of military members. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers, as well as on the Department of Labor’s website at www.dol.gov/vets/programs/userra.
Iowa Plastic Surgeon Agrees to Pay $800,000 to Resolve Allegations of Inappropriate Billing and False ClaimsRead the Press Release
Dr. Ronald Bergman and his medical practice, Bergman Cosmetic Surgery, P.C., of Des Moines, Iowa, have agreed to pay $800,000 to the United States and the State of Iowa to resolve allegations that Bergman wrongfully billed Medicare and Medicaid for services rendered by others and billed Medicare for medically unnecessary and unreasonable applications of skin substitute products.
Specifically, the government alleged that from 2013 to 2020, Bergman submitted inappropriate claims for payment to government healthcare programs in three ways. First, the government alleged that Bergman submitted claims to Medicare and Medicaid in his own name when, in fact, the services were rendered by auxiliary personnel, and when there was insufficient physician involvement for the claims to be billed in Bergman’s name. Second, the government alleged that Bergman submitted claims to Medicare and Medicaid in his own name when, in fact, the services were rendered by medical fellows without Bergman, as the teaching physician, being physically present. Third, the government alleged that Bergman submitted claims to Medicare for medically unnecessary and unreasonable applications of skin substitute products.
“Our federal healthcare system depends on accurate and honest billing by medical providers,” said United States Attorney Timothy T. Duax. “We are committed to ensuring that physicians and other providers are held to account for inappropriate billing practices.”
“We expect health care providers who serve Medicare and Medicaid beneficiaries to refrain from harming the integrity of the programs on which their patients rely. Billing in any fashion that results in overpayment from the programs threatens that integrity,” said Special Agent in Charge Curt L. Muller with the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG).
“In coordination with fellow law enforcement agencies, HHS-OIG ceaselessly works to examine allegations involving inappropriate billing and HHS beneficiaries.”
This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreements, the whistleblower will share in the United States’ financial recovery.
The claims asserted against Bergman are allegations only; there was no determination or admission of liability.
This case was handled by Assistant United States Attorneys Melissa A. Carrington and Matthew K. Gillespie.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 19-cv-3050-CJW.
Follow us on Twitter @USAO_NDIA.
Inmate at United States Penitentiary at Canaan Charged with Assault with A Dangerous Weapon and Possession of Contraband in PrisonRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that an inmate at the United States Penitentiary, Canaan, Pennsylvania, has been indicted by a federal grand jury in Scranton for assault with a dangerous weapon and possession of contraband in prison.
According to United States Attorney Gerard M. Karam, the indictment charges Isiah Robinson, age 36, with assault with a dangerous weapon with intent to do bodily harm and possessing contraband in prison. The charges stem from an incident in October 2020 in which Robinson stabbed another inmate with a prison made weapon commonly known as a “shank.”
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each charge is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Indictment Charges Hartford Man with Illegally Possessing and Selling FirearmsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and James M. Ferguson, Special Agent in Charge, ATF Boston Field Division, today announced that a federal grand jury in Hartford has returned an indictment charging JAIME DIAZ, 29, of Hartford, with illegally possessing and selling firearms.
The indictment was returned on August 31 and Diaz was arrested today. He appeared before U.S. Magistrate Judge Thomas O. Farrish in Hartford, pleaded not guilty to the charges, and was released on a $25,000 bond.
As alleged in the indictment and statements made in court, between August 2020 and November 2021, Diaz purchased approximately 17 handguns from two Connecticut firearm dealers. After obtaining the firearms, he sold them to others in exchange for cash, as well as narcotics.
It is further alleged that, on November 30, 2021, ATF special agents interviewed Diaz and seized the only firearm that remained in his possession. A second firearm that Diaz purchased was recovered by the Hartford Police Department from an individual charged with drug trafficking. The remaining guns have not been located.
The indictment charges Diaz with one count of unlawful possession of a firearm by a prohibited person, which carries a maximum term of imprisonment of 10 years, and one count of dealing in firearms without a license, which carries a maximum term of imprisonment of five years.
U.S. Attorney Avery stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and prosecuted by Assistant U.S. Attorney A. Reed Durham.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. In May 2021, the Justice Department launched a violent crime reduction strategy strengthening PSN based on these core principles: Fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Indianapolis Woman Convicted of Felonies and Sentenced for Falsely Seeking COVID 19 Relief Loans for Non-Existent BusinessesRead the Press Release
INDIANAPOLIS – Brooke Bowie, 29, of Indianapolis, was sentenced to 8 months in federal prison after pleading guilty to four felony counts of making and using false documents in an attempt to fraudulently obtain COVID‑19 related disaster loans.
According to court documents, Bowie submitted four separate applications for Economic Injury Disaster Loans (EIDL) following the onset of the COVID‑19 pandemic. In all four applications for EIDL loans, Bowie claimed to run a business with some variant of the name “Icie Beauty 4 Life” with between $20,000 and $80,000 in revenue for the prior year. Bowie changed the spelling of the business on each loan application, as well as the nature of the business, and the number of purported employees.
Bowie’s applications were fraudulent because the purported business had no employees or revenue, and, in fact, did not even exist. In addition, Bowie stated on her EIDL loan applications that she had no pending felony charges. On the contrary, Bowie had numerous pending felony charges at the time of the applications. Indiana’s State Board of Accounts denied all four of Bowie’s EIDL loan applications due to suspicion of fraud.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Herbert J. Stapleton, Special Agent in Charge of the Federal Bureau of Investigation’s Indianapolis Field Office, made the announcement.
The FBI investigated the case. The sentence was imposed by U.S. District Judge Sarah Evans Barker. As part of the sentence, Judge Barker ordered that Bowie be supervised by the U.S. Probation Office for three years following her release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Bradley A. Blackington who prosecuted this case.
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 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
Illinois Man Sentenced to 15 Years for Operating $20 Million Nationwide Retail Crime RingRead the Press Release
An Illinois man was sentenced today to 15 years in federal prison for running a multi-million dollar retail crime scheme, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
A federal jury found Artur Gilowski, 48, of Barrington, IL, guilty of conspiracy to commit interstate transportation of stolen property and conspiracy to commit mail fraud at a trial in March. He was sentenced Wednesday by U.S. District Judge Barbara M.G. Lynn, who ordered him to forfeit several pieces of real property in Illinois and hundreds of dollars seized from various bank accounts.
According to evidence presented at trial, Mr. Gilowski’s coconspirators stole tens of thousands of products – valued at over $20 million – from brick-and-mortar retail stores across the United States, then shipped them to Mr. Gilowski, who sold the stolen goods on various e-commerce websites, generating more than $11 million in profits.
The thieves traveled across the country in vehicles registered under false names and used “booster skirts” (garments with concealment pouches for stolen goods) and electronic transmitters designed to disrupt retailers’ anti-theft and loss-prevention measures. Using aliases, they rented storage lockers where they kept the stolen items until they could be shipped to interstate and foreign customers via the U.S. Postal Service, UPS, and FedEx.
Mr. Gilowski created a network of numerous online seller profiles, multiple bank accounts, and various companies registered in other people’s names to conduct the unlawful online sale scheme and funnel the proceeds of his illicit operation to himself.
The evidence also showed that Mr. Gilowski received over a million dollars in cash from his crime ring – including $97,000 that was found in the center console of Mr. Gilowski’s truck – which led one of Mr. Gilowski’s coconspirators to testify at trial that Mr. Gilowski “treated money like trash.”
“Mr. Gilowski and his coconspirators swiped thousands of products from retail shelves, then resold stolen goods online,” U.S. Attorney Chad Meacham said after the verdict. “We are proud to hold these defendants accountable for their crimes, and are grateful to the jury for their careful consideration of our case.”
“Organized retail crime leads to consumers having to pay higher prices for goods, fewer job openings, and a decrease in consumer spending on legitimate goods that small-business owners and other retailers depend on for survival,” said Deputy Special Agent in Charge Christopher Miller, HSI Dallas. “Working alongside the U. S. Attorney’s Office, U.S. Postal Inspection Service and Arlington Heights (Illinois) Police Department, we were able to secure today’s conviction, and take another step in our ongoing fight against organized retail crime so consumers and retailers don’t have to bear the brunt of those impacts.”
Five of Mr. Gilowski’s coconspirators pleaded guilty prior to trial.
At this week’s sentencing hearing, the judge ruled that a sentencing enhancement was warranted because Mr. Gilowski lied on the stand. At trial, the defendant falsely told the jury that the phone found in his own vehicle –which contained highly inculpatory text messages– didn’t belong to him, but to a coconspirator, who Mr. Gilowski said left the phone in his car to register GPS coordinates to conceal a purported extramarital affair.
The Arlington Heights Police Department in Illinois conducted the investigation with assistance from Homeland Security Investigations’ Dallas Field Office and the U.S. Postal Inspection Service. Assistant U.S. Attorneys Fabio Leonardi and Camille Sparks prosecuted the case.
Harrison County man indicted on firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Brock Corel Pearson, of Meadowbrook, West Virginia, was indicted today on a firearms charge, United States Attorney William Ihlenfeld announced.
Pearson, 40, was indicted today on one count of “Unlawful Possession of Firearm.” Pearson, a person prohibited from having firearms, is accused of having a 9mm pistol in March 2022 in Harrison County.
Pearson faces up to 10 years of incarceration and a 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 Jennifer T. Conklin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Harrison County man indicted on drug chargesRead the Press Release
CLARKSBURG, WEST VIRGINIA – Robert Edward Maxwell, of Clarksburg, West Virginia, was indicted today on multiple drug and firearms charges, United States Attorney William Ihlenfeld announced.
Maxwell, 43, was indicted today on one count of “Distribution of Methamphetamine,” one count of “Possession with Intent to Distribute Fentanyl,” one count of “Possession with Intent to Distribute Methamphetamine,” and one count of “Unlawful Possession of a Firearm.” Maxwell is accused of distributing methamphetamine and fentanyl in November 2021 in Harrison County. Maxwell, a person prohibited from having firearms because of a prior conviction, is also accused of having a .380 caliber semi-automatic pistol.
Maxwell faces up to 20 years of incarceration and a fine of up to $1 million for each of the drug charges and faces up to 10 years of incarceration and a fine of up to $250,000 for the firearms charge. 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 Brandon S. Flower is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Greater Harrison Drug Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Harrison County man indicted on drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jack F. Gibbins, III, of Clarksburg, West Virginia, was indicted today on a drug charge, United States Attorney William Ihlenfeld announced.
Gibbins, 44, was indicted today on one count of “Possession with Intent to Distribute 5 Grams or More of Methamphetamine.” Gibbins is accused of selling more than five grams of methamphetamine in July 2021 in Harrison County.
Gibbins faces at least five and up to 40 years of incarceration and a fine of up to $5 million. 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 Christopher L. Bauer is prosecuting the case on behalf of the government. The Greater Harrison Drug Task Force, a HIDTA-funded initiative; the Harrison County Sheriff’s Office; and the Bridgeport Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Harrisburg Man Sentenced to 30 Years’ Imprisonment for Drug Delivery Resulting in DeathRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Juan Diaz, age 38, of Harrisburg, Pennsylvania, was sentenced to 30 years’ imprisonment by United States District Court Judge Christopher C. Conner for a drug delivery resulting in death.
According to United States Attorney Gerard M. Karam, Diaz previously pleaded guilty to selling a mixture of heroin and fentanyl that killed a Cumberland County man on March 3, 2018. First responders found the victim deceased in his Mechanicsburg apartment surrounded by empty heroin bags stamped with the word “Venom.” The Cumberland County Drug Task Force and the Harrisburg City Police Vice Unit were able to trace the sale of fatal drugs to Diaz through a series of undercover drug operations.
The case was investigated by the Federal Bureau of Investigation, the Mechanicsburg Police Department, Cumberland County Drug Task Force, and the Harrisburg City Police Department.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Gresham Man Faces Federal Charges After Overdose Death of Portland TeenagerRead the Press Release
A Gresham, Oregon, man is facing federal charges for selling fentanyl that resulted in the overdose death of a 17-year-old Portland teenager.
Duane Robert Hill, 38, has been charged by criminal complaint with conspiracy to possess with intent to distribute fentanyl and possessing with intent to distribute fentanyl.
According to court documents, an investigation leading to Hill began on June 16, 2022, when the Oregon-Idaho High Intensity Drug Trafficking Area (HIDTA) Interdiction Task Force (HIT), including members of the Portland Police Bureau’s (PPB) Narcotics and Organized Crime Division (NOC) and special agents from Homeland Security Investigations (HSI), responded to the overdose death of a 17-year-old teenager in Portland. Investigators found one full and one-half blue “M-30” pill on the victim’s desk along with small amounts of an unknown crystal substance and a white powder residue. Lab reports later confirmed that the pills recovered were counterfeit Oxycodone pills manufactured with fentanyl. Investigators believe the teen died of a fentanyl overdose.
Further investigation uncovered evidence that Hill is the third-level supplier of the fentanyl pills found in the teen’s room and that are believed to have caused the teen’s death. It was determined that Hill had been distributing fentanyl pills in quantities ranging from 10 to 100 pills in and around Portland for nearly a year. Hill sold the counterfeit pills for between $4 and $5 apiece. One week after the teen’s death, investigators set up and conducted a controlled purchase of more than three dozen M-30 pills from Hill.
Today, on September 7, 2022, investigators executed a search warrant on Hill’s Gresham residence. When PPB’s Special Emergency Reaction Team (SERT) entered the residence, Hill attempted to flush pills down the toilet. He was arrested without incident. More than 200 M-30 pills were found in Hill’s residence and vehicle along with a 9mm handgun, a scale, assorted drug packaging materials, and $4,480 in cash. A portion of the fentanyl pills recovered from Hill’s toilet were rainbow-colored.
Hill made his initial appearance in federal court today before U.S. Magistrate Judge Youlee Yim You. He was detained pending further court proceedings.
This case was investigated by the Oregon-Idaho HIDTA Interdiction Team, PPB NOC, and HSI with assistance from the Oregon State Police Crime Laboratory. Assistant U.S. Attorney Scott M. Kerin is prosecuting the case.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Rainbow fentanyl has appeared recently in several forms in cities across the country. Versions seized recently in the Portland area resemble thick pieces of brightly-colored sidewalk chalk or small multi-colored pills sometimes referred to as “skittles.”
If you are in immediate danger or encounter fentanyl in any form, please call 911.
If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Seized fentanyl in resealable bags. Seized multi-color fentanyl in clear resealable bags. Seized rainbow-colored fentanyl in a clear resealable bag. Seized 9mm handgun.Grand Jury Indicts Buffalo Man for Assaulting an FBI AgentRead 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 a federal grand jury has returned an indictment charging Tyler Collins, 27, of Buffalo, NY, with assaulting a federal officer. The charge carries a maximum penalty of 20 years in prison.
Assistant U.S. Attorney Franz M. Wright, who is handling the case, stated that according to the indictment and a previously filed complaint, on July 12, 2022, at approximately 4:00 p.m., Collins attempted to enter the FBI-Buffalo Division main office but was denied entry by the security guards inside of the front door. At the time, three federal agents were walking back to the main office and encountered Collins, who they observed was yelling into the intercom system. Collins was heard yelling expletives while physically banging on the FBI building’s door demanding entry. One of the federal agents attempted to calm Collins, at which time Collins punched the federal agent, physically assaulting him. One of the other federal agents discharged pepper spray, in an attempt to subdue Collins, who then fled on Elmwood Avenue. Collins was later taken into custody that evening after he was found walking on Delaware Avenue.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Gang member sentenced to federal prison for meth traffickingRead the Press Release
AUGUSTA, GA: A member of a violent white supremacist street gang has been sentenced to more than a decade in federal prison after pleading guilty to trafficking methamphetamine.
Donnie Lee Curtis Jr., 37, of Tunnel Hill, Ga., was sentenced to 144 months in prison after previously pleading guilty to Conspiracy to Possess with Intent to Distribute, and To Distribute, 50 Grams or More of Methamphetamine, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge Dudley H. Bowen also fined Curtis $1,500 and ordered him to serve five years of supervised release after completion of his prison term.
There is no parole in the federal system.
“Drug-trafficking felons are a malignant source of a significant amount of the violent crime in our communities,” said U.S. Attorney Estes. “With our law enforcement partners, we will make our streets safer by identifying and removing these criminals from our neighborhoods.”
Curtis’ co-defendant, Robert Lewis Coney Jr., 50, of North Augusta, S.C., faces a mandatory minimum sentence of 10 years in prison, up to life, after also previously pleading guilty to Conspiracy to Possess with Intent to Distribute, and To Distribute, 50 Grams or More of Methamphetamine.
As described in court documents and testimony, Curtis and Coney were identified as methamphetamine traffickers during an investigation in 2021 initiated by the U.S. Drug Enforcement Administration. With assistance from the Columbia County Sheriff’s Office, the two were arrested during a drug deal in the parking lot of a motel in Grovetown, Ga., on May 19, 2021.
In subsequent searches of their vehicle and hotel rooms in Grovetown and in Trenton, S.C., authorities seized large amounts of high-grade methamphetamine and multiple firearms. Curtis, a member of the Aryan Brotherhood criminal street gang who was on felony probation on state drug charges at the time of his arrest, was identified as Coney’s source of supply for the illegal drugs.
“Residents in Augusta and elsewhere can sleep better tonight knowing that this violent ‘meth’ distributor can no longer peddle insidious drugs on the streets,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “The DEA and its law enforcement partners presented a united front to protect our communities by bringing these dangerous drug traffickers to justice.”
The case was investigated by the U.S. Drug Enforcement Administration and the Columbia County Sheriff’s Office, with assistance from the Bureau of Alcohol, Firearms, Tobacco, and Explosives, and prosecuted for the United States by Assistant U.S. Attorney Jeremiah L. Johnson.
Fremont Man Sentenced to 10 Years’ Imprisonment for Drug ConvictionRead the Press Release
Acting United States Attorney Steven Russell announced that Trayton Jay Jackson, 25 of Fremont, Nebraska was sentenced today in federal court in Omaha, Nebraska, for Possession with Intent to Distribute Methamphetamine. United States District Court Judge Brian C. Buescher sentenced Jackson to 120 months’ imprisonment. After completing his term of imprisonment, Jackson will be required to serve a five-year term of supervised release as there is no parole in the federal system.
On May 4, 2021, Fremont police officers conducted a traffic stop in Fremont after observing a vehicle traveling at night with no working taillights and no rear license plate. Jackson was identified as the driver and couldn’t produce any paperwork for the vehicle. During the stop Jackson admitted that he had marijuana in the vehicle. A subsequent search of the vehicle revealed methamphetamine and drug paraphernalia. A search of Jackson at the Fremont jail revealed another 3 baggies of methamphetamine on his person, with the total weight being over 50 grams.
This case was investigated by the III CORPS Drug Task Force.
Fourteen Charged for Roles in Youngstown Area Drug Trafficking OrganizationRead the Press Release
YOUNGSTOWN – First Assistant U.S. Attorney Michelle M. Baeppler announced that fourteen individuals were charged today in a forty-six-count indictment with operating a drug trafficking organization that allegedly distributed crack cocaine, cocaine, heroin, fentanyl and fentanyl analogues throughout the Youngstown area.
Eleven of the fourteen individuals named in the indictment were arrested today by federal, state and local law enforcement authorities.
Named in the indictment are Terrence Chauncy May, 46, of Youngstown, Ohio; Thomas May Jr, 42, of Youngstown, Ohio; Terri Chauncy May, 22, of Youngstown, Ohio; Terris Chailyn May, 20, of Youngstown, Ohio; Key-Shaun Davis, 21, of Youngstown, Ohio; Hope Butler, 22, of Youngstown, Ohio; Wesley Allen Pierce May, 23, of Youngstown, Ohio; Christina May, 38, of Youngstown, Ohio; Ronald Falkowski, 51, of Berlin Center, Ohio; Carlo Demain, 28, of Struthers Ohio; Jason Stiner, 38, of Canfield, Ohio; Nyasia Iris Lopez, 27, of Struthers, Ohio; Shanika Simmons, 38, Youngstown, Ohio and Allison Grossen, 35, Youngstown, Ohio.
Each defendant is charged with conspiracy to possess with intent to distribute cocaine, crack cocaine, heroin, fentanyl, and fentanyl analogues. In addition, the indictment charges various members of the drug trafficking organization with using a communication facility in furtherance of a drug trafficking crime, distribution of cocaine base (crack), distribution of fentanyl analogue and fentanyl, distribution of heroin and fentanyl, distribution of fentanyl and distribution of tramadol and fentanyl. Defendant Thomas May, Jr is also charged with being a felon in possession of a firearm.
According to the indictment, from February 2020 to January 2022, it is alleged that Defendant Terrence Chauncy May obtained large quantities of cocaine, crack cocaine and narcotics, which he then supplied to other members of the drug trafficking organization to be further distributed in the Youngstown area.
In addition, the indictment alleges that Defendants Terrence Chauncy May, Hope Butler, Terris Chailyn May and Key-Shaun Davis maintained multiple premises in Youngstown for the purposes of distributing and storing drugs.
The conspirators are also accused of using cell phones and coded language to obscure and disguise their drug trafficking activity.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the defendant’s sentence will be determined by the court after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offenses and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum; in most cases, it will be less than the maximum.
This case was investigated by the FBI Violent Crimes Task Force in a joint investigation with Mahoning County Sheriff's Office, Mahoning Valley Law Enforcement Task Force, Youngstown Police Department, Boardman Police Department, Campbell Police Department, Austintown Police Department and the Mahoning County Juvenile Court.
This case is being prosecuted by Assistant U.S. Attorney Jason M. Katz.
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Former Puerto Rico Legislator Sentenced to 57 Months for Bribery and Kickback SchemeRead the Press Release
WASHINGTON – A former Puerto Rico legislator was sentenced today to 57 months in prison for engaging in a bribery and kickback scheme. He was also ordered to pay $190,000 in restitution.
Nelson Del Valle Colón, 56, of Dorado, Puerto Rico, pleaded guilty in the District of Puerto Rico to federal program bribery on March 31, 2022. According to court documents, Del Valle Colón was elected to be a member of the Puerto Rico House of Representatives in 2016. He thereafter hired Mildred Estrada-Rojas, 55, and her daughter, Nickolle Santos-Estrada, 33, both of Bayamón, Puerto Rico, to work in his legislative office. In exchange for their employment and their salaries, however, Estrada and Santos paid biweekly kickbacks to Del Valle Colón of between approximately $500 and $1,300 from early 2017 until approximately July 2020.
According to statements made in connection with their pleas, Del Valle Colón, Estrada, and Santos admitted that the biweekly kickbacks were paid in a variety of ways. Estrada and Santos generally paid their biweekly cash kickbacks in envelopes that they provided to Del Valle Colón in offices in the Capitol building in Old San Juan. Estrada sometimes paid her kickback to Del Valle Colón over ATH Móvil, a mobile phone cash transfer application.
Estrada is scheduled to be sentenced on Sept. 28. Santos is scheduled to be sentenced on Sept. 16. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI’s San Juan Field Office investigated the case.
Trial Attorney Jonathan E. Jacobson the Justice Department’s Public Integrity Section and Assistant U.S. Attorney Scott Anderson of the U.S. Attorney’s Office for the District of Puerto Rico are prosecuting the case.
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Former Puerto Rico Legislator Sentenced for Bribery and Kickback SchemeRead the Press Release
A former Puerto Rico legislator was sentenced today to 57 months in prison for engaging in a bribery and kickback scheme. He was also ordered to pay $190,000 in restitution.
Nelson Del Valle Colon, 56, of Dorado, Puerto Rico, pleaded guilty in the District of Puerto Rico to federal program bribery in March. According to court documents, Del Valle Colon was elected to be a member of the Puerto Rico House of Representatives in 2016. He thereafter hired Mildred Estrada-Rojas, 55, and her daughter, Nickolle Santos-Estrada, 33, both of Bayamon, Puerto Rico, to work in his legislative office. In exchange for their employment and their salaries, however, Estrada and Santos paid biweekly kickbacks to Del Valle Colon of between approximately $500 and $1,300 from early 2017 until approximately July 2020.
According to statements made in connection with their pleas, Del Valle Colon, Estrada, and Santos admitted that the biweekly kickbacks were paid in a variety of ways. Estrada and Santos generally paid their biweekly cash kickbacks in envelopes that they provided to Del Valle Colon in offices in the Capitol building in Old San Juan. Estrada sometimes paid her kickback to Del Valle Colon over ATH Móvil, a mobile phone cash transfer application.
Estrada is scheduled to be sentenced on Sept. 28. Santos is scheduled to be sentenced on Sept. 16. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI San Juan Field Office made the announcement.
The FBI’s San Juan Field Office investigated the case.
Trial Attorney Jonathan E. Jacobson the Justice Department’s Public Integrity Section and Assistant U.S. Attorney Scott Anderson of the U.S. Attorney’s Office for the District of Puerto Rico are prosecuting the case.
Former Defense Attorney Sentenced to Six Months in Federal Prison for Conspiring to Bribe the Elected State AttorneyRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Ernest Maloney Page, IV (46, Madison) to six months in federal prison for conspiring to bribe the elected State Attorney for the Third Judicial Circuit. The court also ordered Page to serve an 18-month term of supervised release. Page had pleaded guilty on September 3, 2020.
According to court documents, Page represented a client facing two separate driving under the influence (DUI) cases in the Third Judicial Circuit. The client managed a tractor dealership in Live Oak. Page arranged a meeting with then-State Attorney Jeffrey Siegmeister to discuss the client’s pending DUI cases. Page informed Siegmeister that the client had a tractor dealership, and Siegmeister told Page he wanted to purchase a tractor. Page encouraged Siegmeister to visit the client at his dealership.
In August 2017, Siegmeister told Page that he would give favorable treatment to the client for one of his pending DUI cases for a bribe in the form of a $10,000 discount on the tractor, and that he would give favorable treatment to the client on both pending DUI cases for a bribe in the form of a $20,000 discount on the tractor. Page relayed this information to his client, who indicated he wished to accept the offer and agreed to provide the $20,000 discount to Siegmeister. Page then told Siegmeister his client had accepted the offer.
Siegmeister arranged for the client to resolve the DUI charges by pleading to reckless driving charges, which were traffic misdemeanors.
On September 20, 2017, Siegmeister’s wife went to the tractor dealership and met with the client, who discounted the retail price of the tractor and accessories by $10,000, consistent with his agreement to pay Siegmeister a bribe facilitated by Page. The client also notated the sales paperwork to falsely state that the Siegmeister’s provided a cash down payment of $10,150, when no such down payment was made.
On September 28, 2017, Siegmeister signed an Offer of Plea, authorizing the client to plead no contest to the misdemeanor charges of reckless driving with alcohol. On the same day, the client’s plea was entered and the client was sentenced to 12 months’ probation.
In March 2020, Page admitted to the FBI that he had facilitated a bribe to Siegmeister in the amount of a $20,000 discount on a tractor in exchange for a lenient resolution of two DUI cases.
Siegmeister previously pleaded guilty to conspiracy to use a facility of commerce for unlawful activity, that is bribery and extortion, conspiracy to commit extortion, wire fraud, and filing a false tax return. His sentencing hearing is set for October 12, 2022.
“The actions taken by Ernest Page put lives at risk,” said FBI Jacksonville Special Agent in Charge Sherri Onks. “As an officer of the court, he facilitated corruption within the judicial system by offering items of value in exchange for reduced or dropped charges for one of his clients, who was accused of serious crimes that endangered the community. These crimes will not be tolerated by the FBI, and we will continue to work alongside our law enforcement partners to hold individuals in positions of authority within the justice system accountable. We specifically thank the IRS – Criminal Investigation team for their invaluable partnership in the case.”
“This action demonstrates our collective efforts to enforce the law and ensure public trust. In today’s economic environment, it’s more important than ever that the American people feel confident that everyone is playing by the rules,” said IRS Special Agent in Charge Brian Payne. “The IRS is proud to have shared its hallmark expertise with FBI in following the money trail in this and other criminal schemes. IRS Criminal Investigation agents will continue to be on the front lines to fight corruption and tax fraud.”
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Kelly S. Karase and David B. Mesrobian.