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Newest first across public DOJ and U.S. Attorney press releases.
Friday 8 July 2022
Bartlesville Man Sentenced to 10 Years in Prison for Discharging a Firearm at a Man who Was Fleeing from HimRead the Press Release
A Bartlesville man who shot a firearm at a victim during a crime of violence was sentenced in federal court Wednesday, announced U.S. Attorney Clint Johnson.
U.S. District Judge Claire V. Eagan sentenced David Edward Sayre, II, 29, to 120 months in federal prison followed by 5 years of supervised release.
Sayre pleaded guilty to the charge of Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence. In his plea agreement, Sayre admitted to possessing a firearm and discharging it at the victim, with the intent to cause bodily harm.
On May 25, 2020, Sayre asked the victim for a ride. He then pointed a gun at the victim, took control the vehicle, drove to a Bartlesville residence and forced the victim inside. Shortly after, the victim was able to run from the home. Sayre shot at the victim multiple times as he fled.
The FBI and Bartlesville Police Department are the investigative agencies. Assistant U.S. Attorney Eric O. Johnston prosecuted the case.
Bakersfield Resident Sentenced to 3 Years and 10 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
FRESNO, Calif. — Spencer Manning, 28, of Bakersfield, was sentenced today to three years and 10 months in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Oct. 13, 2021, Manning was inside a Bakersfield grocery store when loss prevention staff observed him placing store merchandise into his backpack. Staff tried to detain Manning as he exited the store, but Manning forcibly resisted. During the struggle, staff removed Manning’s backpack and discovered inside stolen merchandise and a Glock 23, .40 caliber handgun, loaded with a 30-round magazine containing 25 rounds of live ammunition, that was later determined to have been stolen. Manning may not lawfully possess firearms or ammunition because in 2015 he was convicted of two counts of obstruction and resisting arrest.
This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bakersfield Police Department. Assistant U.S. Attorney Christopher D. Baker prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Armed Bank Robber Sentenced to More Than Nine Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard has sentenced Brett Amante (39, Jacksonville) to nine years and six months in federal prison for bank robbery and brandishing a firearm in furtherance of a violent crime. The court also ordered Amante to forfeit the firearms and ammunition he had possessed in connection with the offenses. Amante had pleaded guilty on February 22, 2022.
According to court documents, on the morning of February 26, 2021, Amante robbed a Wells Fargo Bank branch in Jacksonville. Amante entered the bank and approached a teller, passing over a bag and a note which demanded money and stated that if the teller gave him a dye pack, “it will not end well with you.” The teller pressed the panic button, which Amante noticed. Amante then brandished two loaded 9mm pistols in a shoulder holster and in his waistband. The teller provided him with approximately $1,046 and Amante escaped in a getaway vehicle.
The teller had placed a GPS tracking device in the bag and officers from the Jacksonville Sheriff’s Office immediately responded and followed the GPS device to the Amante’s residence. Amante was apprehended as he walked out of his front door still armed with one of the 9mm pistols and carrying some of the stolen money and a stolen license plate that he had used on his getaway vehicle. Law enforcement recovered the other 9mm pistol used in the robbery during a search of Amante’s house, along with an AR-15-style rifle, 869 rounds of 9mm ammunition, 993 rounds of 5.56mm ammunition, body armor, an unregistered firearms silencer, surveillance equipment, handcuffs, and zip ties. Officers also searched the getaway vehicle and recovered an unregistered AR-15-style short-barreled rifle loaded with armor-piercing ammunition, along with multiple loaded spare magazines for the rifle and the 9mm pistols.
This case was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney David B. Mesrobian.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Albuquerque man sentenced to 14 years in prison for federal robbery and firearms convictionRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jacquan Abe, 24, of Albuquerque, was sentenced on July 7 to 14 years and three months in prison. A federal jury convicted Abe on Feb. 25 on one count each of robbery, using, carrying and brandishing a firearm during and in relation to a crime of violence, and possession of a stolen firearm.
On Aug. 6, 2019, Abe confronted an employee of an automobile repair shop on Eubank Boulevard, which is directly behind the house where Abe lived. Abe accused the auto business of spying on his home with its security cameras, and the shop employee became frightened by Abe’s aggressiveness. The employee retrieved a pistol from inside the shop and returned to the front of the business where Abe was standing. Abe attacked the shop employee and they wrestled on the ground. The gun became loose and Abe picked it up. He made several attempts to shoot the weapon at the shop employee’s head, but no bullets discharged because the gun’s safety mechanism was engaged.
Still armed with the gun, Abe ran into a nearby insurance business. Abe pointed the gun at a sales agent and demanded she show him where the business kept its cash. The sales agent took Abe to the back of the business where he took money from a petty cash box before attempting to flee. A worker from a neighboring smoke shop confronted Abe with a gun. Abe tripped and dropped his gun, which the smoke shop worker picked up as Abe fled.
After releasing video footage to the news media, the Albuquerque Police Department received an anonymous tip identifying Abe. Employees of the auto shop, insurance business and smoke shop all positively identified Abe in photo arrays, and Abe was arrested.
Upon his release from prison, Abe will be subject to five years of supervised release.
The FBI Albuquerque Field Office investigated this case with assistance from the Albuquerque Police Department. Assistant United States Attorneys Timothy Trembley and Sean J. Sullivan prosecuted the case.
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Aerojet Rocketdyne Agrees to Pay $9 Million to Resolve False Claims Act Allegations of Cybersecurity Violations in Federal Government ContractsRead the Press Release
SACRAMENTO. Calif. — Aerojet Rocketdyne Inc., headquartered in El Segundo, California, has agreed to pay $9 million to resolve allegations that it violated the False Claims Act by misrepresenting its compliance with cybersecurity requirements in certain federal government contracts, the Justice Department announced today. Aerojet provides propulsion and power systems for launch vehicles, missiles, and satellites and other space vehicles to the Department of Defense, NASA and other federal agencies.
The settlement resolves a lawsuit filed and litigated by former Aerojet employee Brian Markus against Aerojet under the qui tam or whistleblower provisions of the False Claims Act, which permit a private party (known as a relator) to file a lawsuit on behalf of the United States and receive a portion of any recovery. Mr. Markus and Aerojet reached a settlement of the case on the second day of trial. Mr. Markus will receive $2.61 million as his share of the False Claims Act recovery.
“Whistleblowers with inside information and technical expertise can provide crucial assistance in identifying knowing cybersecurity failures and misconduct,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division.
“The qui tam action brought by Mr. Markus is an example of how whistleblowers can contribute to civil enforcement of cybersecurity requirements through the False Claims Act,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California.
On Oct. 6, 2021, the Deputy Attorney General announced the Department’s Civil Cyber-Fraud Initiative, which aims to hold accountable entities or individuals that put information or systems of the United States at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches. Information on how to report cyber fraud can be found here.
The qui tam case is captioned United States ex rel. Brian Markus v. Aerojet Rocketdyne Holdings, Inc., et al., Case No. 2:15-cv-02245-WBS-AC (E.D. Cal.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Aerojet Rocketdyne Agrees to Pay $9 Million to Resolve False Claims Act Allegations of Cybersecurity Violations in Federal Government ContractsRead the Press Release
Aerojet Rocketdyne Inc., headquartered in El Segundo, California, has agreed to pay $9 million to resolve allegations that it violated the False Claims Act by misrepresenting its compliance with cybersecurity requirements in certain federal government contracts, the Justice Department announced today. Aerojet provides propulsion and power systems for launch vehicles, missiles and satellites and other space vehicles to the Department of Defense, NASA and other federal agencies.
The settlement resolves a lawsuit filed and litigated by former Aerojet employee Brian Markus against Aerojet under the qui tam or whistleblower provisions of the False Claims Act, which permit a private party (known as a relator) to file a lawsuit on behalf of the United States and receive a portion of any recovery. Mr. Markus and Aerojet reached a settlement of the case on the second day of trial. Mr. Markus will receive $2.61 million as his share of the False Claims Act recovery.
“Whistleblowers with inside information and technical expertise can provide crucial assistance in identifying knowing cybersecurity failures and misconduct,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division.
“The qui tam action brought by Mr. Markus is an example of how whistleblowers can contribute to civil enforcement of cybersecurity requirements through the False Claims Act,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California.
On Oct. 6, 2021, the Deputy Attorney General announced the Department’s Civil Cyber-Fraud Initiative, which aims to hold accountable entities or individuals that put U.S information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches. Information on how to report cyber fraud can be found here.
The qui tam case is captioned United States ex rel. Brian Markus v. Aerojet Rocketdyne Holdings Inc., et al., Case No. 2:15-cv-02245-WBS-AC (E.D.Cal.).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Thursday 7 July 2022
五名男子被指控與跨國鎮壓陰謀有關的罪行，以箝制居住在美國的中華人民共和國批評者Read the Press Release
布魯克林的一個聯邦大陪審團昨天發出一份替代起訴書，指控五名被告，包括一名現任聯邦執法人員和一名退休聯邦執法人員，犯有與代表中華人民共和國政府策劃的跨國鎮壓陰謀有關的各種罪行。
被告劉凡（Fan “Frank” Liu），62 歲，紐約州傑裏科人；馬修·齊布裏斯 (Matthew Ziburis)，49 歲，紐約州牡蠣灣人； 40 歲的中國公民孫強 (Qiang “Jason” Sun)於 2022 年 3 月被指控涉嫌針對政治觀點和行動不受中國政府青睞的美國居民，實施跨國鎮壓陰謀(以上姓名均為音譯)。除其他事項外，這些被告據稱密謀毀壞一名居住在洛杉磯的中國公民的藝術品，此人對中國政府持批評態度。他們在藝術家的工作場所和汽車中安裝了監視設備，以便從中國監視他。 劉和齊布裏斯於 2022 年 3 月根據刑事起訴被捕，而孫仍然在逃。
替代起訴書在該陰謀中增加了兩名新被告，即克雷格·米勒(Craig Miller)和德里克·泰勒(Derrick Taylor)。米勒是一名在國土安全部 (DHS) 的工作了 15 年的員工，目前被派往明尼阿波利斯的國土安全部緊急救援行動擔任遞解官，泰勒是一名退休的國土安全部執法人員，目前在加利福尼亞州歐文市擔任私家偵探。米勒和泰勒在聯邦調查局特工聯繫他們，詢問他們從受限制的聯邦執法資料庫中獲取和傳播有關中國駐美國持不同政見人士的敏感和機密資訊的情況後，被指控妨礙司法公正，因為其涉嫌銷毀證據。米勒和泰勒均於 2022年6月根據刑事指控被捕。
“我們將捍衛美國人民參與自由言論和政治表達的權利，包括中華人民共和國政府想要箝制的觀點，”負責國家安全的助理司法部長馬修·奧爾森說。 “根據指控，這些人協助外國政府特工箝制避難於此的持不同政見人士聲音。被告包括兩名宣誓的執法人員，他們選擇背棄誓言並違反法律。這項起訴書是讓所有這些被告對其罪行負責的下一步。”
紐約東區美國檢察官布倫·皮斯(Breon Peace)說：“正如所指控，本案涉及多方面的行動，旨在對行使言論自由的美國居民進行箝制、騷擾、抹黑和監視—在一名現任聯邦執法官員和一名私家偵探的協助下，他們從受限制的執法資料庫中提供了有關美國居民的機密資訊，當面對他們的不當行為時，他們撒謊並銷毀了證據。” “該辦公室將始終與我們的執法夥伴密切合作，剷除各級政府的腐敗官員，並將起訴那些代表敵對外國國家，針對美國領土上的美國居民言論自由採取行動的人。”
“本案暴露了中華人民共和國政府試圖箝制美國境內的不同聲音。被告（其中兩名是現任或前任聯邦執法官員）採取的行動表明，中華人民共和國如何試圖跟蹤、恐嚇和箝制反對者，”聯邦調查局反情報部門助理主任小艾倫·科勒 (Alan E. Kohler Jr.) 說。 “聯邦調查局與跨國鎮壓作鬥爭，因為它本身就是一種邪惡，是對開放社會自由的侵犯。我們社區的安全和國家的安全受到這種犯罪行為的危害，我們仍然致力於打擊跨國鎮壓，並將肇事者繩之以法。”
劉和齊布裏斯被指控串謀充當中華人民共和國政府的代理人。劉、齊布裏斯和孫被指控串謀進行州際騷擾和非法使用身份識別手段。劉和孫被指控串謀賄賂一名聯邦官員，以獲取
居住在美國的民主活動人士的納稅申報表。米勒和泰勒均被指控妨礙司法公正，而泰勒則被指控向聯邦調查局做出虛假陳述。
如果罪名成立，劉將面臨最高30年的監禁；齊布裏斯、孫和泰勒面臨最高 25 年監禁；米勒面臨最高20年的監禁。被告將于稍後出庭接受提審。
據稱，劉和齊布裏斯在孫的指導和控制下運作，抹黑居住在美國（包括紐約市、加利福尼亞州和印第安那州）的中國民主持不同政見人士。努力傳播有關居住在美國持不同政見者的負面資訊，並對居住在美國持不同政見者進行監視、跟蹤、騷擾和監視。
根據起訴書，劉的一名同謀（“同謀”）聘請泰勒獲取居住在美國的多名中國持不同政見者的個人身份資訊，包括護照資訊和照片以及飛行和移民記錄，據稱泰勒責成包括米勒在內的兩名國土安全部執法人員辦理此事。據稱，米勒和另一名國土安全部特工從受限資料庫中獲取了資訊，並將其不當提供給泰勒，泰勒又與同謀分享了該資訊。劉、齊布裏斯和孫在代表中華人民共和國政府行事時，利用此類資訊來對付和騷擾這些美國居民。
根據法庭文件，米勒和泰勒在面對聯邦調查局時都對自己過去的行為撒了謊。根據起訴書，米勒在接受聯邦調查局面談時，從手機中刪除了與泰勒的短信，泰勒指示一名同謀向美國政府隱瞞證據。在接受聯邦調查局面談時，泰勒錯誤地聲稱他從一位使用“黑色暗網”的朋友那裏獲得了相關記錄—很可能是指暗網。
根據起訴書，同謀者打電話給泰勒，聲稱他收到了司法部的傳票，要求提供同謀者與泰勒之間的通訊，而泰勒指示同謀者向美國政府隱瞞此類資訊。
法庭檔顯示，在接受聯邦調查局面談時，米勒最初聲稱與泰勒有零星接觸，並表示兩人並未討論工作事宜。在特工告誡米勒要誠實後，米勒承認泰勒向他提供了姓名以運行執法資料庫。米勒同意聯邦調查局搜查他的手機，最終承認他為泰勒進行了查詢，並將結果通過
短信發送給泰勒，而泰勒則提供了一張禮品卡作為酬勞。米勒隨後承認，他在當天早些時候的面談中刪除了與泰勒的短信鏈，並且他捏造了之前有關該短信鏈的所有陳述，包括該短信鏈是否包含泰勒要求提供的姓名。
紐約東區助理美國檢察官亞歷山大·所羅門 (Alexander A. Solomon) 和艾米麗·迪恩 (Emily J. Dean) 正在國家安全部反情報和出口管制科出庭律師斯科特·克拉菲 (Scott Claffee)、加州中區助理美國檢察官克里斯多夫·格裏格 (Christopher D. Grigg) 和明尼蘇達州區助理美國檢察官金伯利·斯文森 (Kimberly Svendsen) 的協助下起訴此案。美國檢察官皮斯還感謝美國移民和海關執法局職業責任辦公室在調查中提供的協助。
聯邦調查局創建了一個網站，供受害者舉報外國政府跟蹤、恐嚇或攻擊美國民眾的行為。如果您認為自己是或曾經是跨國鎮壓的受害者，請訪問https://www.fbi.gov/investigate/counterintelligence/transnational-repre….
起訴書只是一項指控，所有被告均被推定無罪，直到在法庭上排除合理懷疑而被證明有罪
五名男子被指控与跨国镇压阴谋有关的罪行，以箝制居住在美国的中华人民共和国批评者Read the Press Release
布鲁克林的一个联邦大陪审团昨天发出一份替代起诉书，指控五名被告，包括一名现任联邦执法人员和一名退休联邦执法人员，犯有与代表中华人民共和国政府策划的跨国镇压阴谋有关的各种罪行。
被告刘凡（Fan “Frank” Liu），62 岁，纽约州杰里科人；马修·齐布里斯 (Matthew Ziburis)，49 岁，纽约州牡蛎湾人； 40 岁的中国公民孙强 (Qiang “Jason” Sun)于 2022 年 3 月被指控涉嫌针对政治观点和行动不受中国政府青睐的美国居民，实施跨国镇压阴谋(以上姓名均为音译)。除其它事项外，这些被告据称密谋毁坏一名居住在洛杉矶的中国公民的艺术品，此人对中国政府持批评态度。他们在艺术家的工作场所和汽车中安装了监视设备，以便从中国监视他。 刘和齐布里斯于 2022 年 3 月根据刑事起诉被捕，而孙仍然在逃。
替代起诉书在该阴谋中增加了两名新被告，即克雷格·米勒(Craig Miller)和德里克·泰勒(Derrick Taylor)。米勒是一名在国土安全部 (DHS) 的工作了 15 年的员工，目前被派往明尼阿波利斯的国土安全部紧急救援行动担任递解官，泰勒是一名退休的国土安全部执法人员，目前在加利福尼亚州欧文市担任私家侦探。米勒和泰勒在联邦调查局特工联系他们，询问他们从受限制的联邦执法数据库中获取和传播有关中国驻美国持不同政见人士的敏感和机密信息的情况后，被指控妨碍司法公正，因为其涉嫌销毁证据。米勒和泰勒均于 2022年6月根据刑事指控被捕。
“我们将捍卫美国人民参与自由言论和政治表达的权利，包括中华人民共和国政府想要箝制的观点，”负责国家安全的助理司法部长马修·奥尔森说。 “根据指控，这些人协助外国政府特工箝制避难于此的持不同政见人士声音。被告包括两名宣誓的执法人员，他们选择背弃誓言并违反法律。这项起诉书是让所有这些被告对其罪行负责的下一步。”
纽约东区美国检察官布伦·皮斯(Breon Peace)说：“正如所指控，本案涉及多方面的行动，旨在对行使言论自由的美国居民进行箝制、骚扰、抹黑和监视—在一名现任联邦执法官员和一名私家侦探的协助下，他们从受限制的执法数据库中提供了有关美国居民的机密信息，当面对他们的不当行为时，他们撒谎并销毁了证据。” “该办公室将始终与我们的执法伙伴密切合作，铲除各级政府的腐败官员，并将起诉那些代表敌对外国国家，针对美国领土上的美国居民言论自由采取行动的人。”
“本案暴露了中华人民共和国政府试图箝制美国境内的不同声音。被告（其中两名是现任或前任联邦执法官员）采取的行动表明，中华人民共和国如何试图跟踪、恐吓和箝制反对者，”联邦调查局反情报部门助理主任小艾伦·科勒 (Alan E. Kohler Jr.) 说。 “联邦调查局与跨国镇压作斗争，因为它本身就是一种邪恶，是对开放社会自由的侵犯。我们小区的安全和国家的安全受到这种犯罪行为的危害，我们仍然致力于打击跨国镇压，并将肇事者绳之以法。”
刘和齐布里斯被指控串谋充当中华人民共和国政府的代理人。刘、齐布里斯和孙被指控串谋进行州际骚扰和非法使用身份识别手段。刘和孙被指控串谋贿赂一名联邦官员，以获取
居住在美国的民主活动人士的纳税申报表。米勒和泰勒均被指控妨碍司法公正，而泰勒则被指控向联邦调查局做出虚假陈述。
如果罪名成立，刘将面临最高30年的监禁； 齐布里斯、孙和泰勒面临最高 25 年监禁；米勒面临最高20年的监禁。被告将于稍后出庭接受提审。
据称，刘和齐布里斯在孙的指导和控制下运作，抹黑居住在美国（包括纽约市、加利福尼亚州和印第安纳州）的中国民主持不同政见人士。努力传播有关居住在美国持不同政见者的负面信息，并对居住在美国持不同政见者进行监视、跟踪、骚扰和监视。
根据起诉书，刘的一名同谋（“同谋”）聘请泰勒获取居住在美国的多名中国持不同政见者的个人身份信息，包括护照信息和照片以及飞行和移民记录，据称泰勒责成包括米勒在内的两名国土安全部执法人员办理此事。据称，米勒和另一名国土安全部特工从受限数据库中获取了信息，并将其不当提供给泰勒，泰勒又与同谋分享了该信息。刘、齐布里斯和孙在代表中华人民共和国政府行事时，利用此类信息来对付和骚扰这些美国居民。
根据法庭文件，米勒和泰勒在面对联邦调查局时都对自己过去的行为撒了谎。根据起诉书，米勒在接受联邦调查局面谈时，从手机中删除了与泰勒的短信，泰勒指示一名同谋向美国政府隐瞒证据。在接受联邦调查局面谈时，泰勒错误地声称他从一位使用“黑色暗网”的朋友那里获得了相关记录—很可能是指暗网。
根据起诉书，同谋者打电话给泰勒，声称他收到了司法部的传票，要求提供同谋者与泰勒之间的通讯，而泰勒指示同谋者向美国政府隐瞒此类信息。
法庭文件显示，在接受联邦调查局面谈时，米勒最初声称与泰勒有零星接触，并表示两人并未讨论工作事宜。在特工告诫米勒要诚实后，米勒承认泰勒向他提供了姓名以运行执法数据库。米勒同意联邦调查局搜查他的手机，最终承认他为泰勒进行了查询，并将结果通
过短信发送给泰勒，而泰勒则提供了一张礼品卡作为酬劳。米勒随后承认，他在当天早些时候的面谈中删除了与泰勒的短信链，并且他捏造了之前有关该短信链的所有陈述，包括该短信链是否包含泰勒要求提供的姓名。
纽约东区助理美国检察官亚历山大·所罗门 (Alexander A. Solomon) 和艾米丽·迪恩 (Emily J. Dean) 正在国家安全部反情报和出口管制科出庭律师斯科特·克拉菲 (Scott Claffee)、加州中区助理美国检察官克里斯托弗·格里格 (Christopher D. Grigg) 和明尼苏达州区助理美国检察官金伯利·斯文森 (Kimberly Svendsen) 的协助下起诉此案。美国检察官皮斯还感谢美国移民和海关执法局职业责任办公室在调查中提供的协助。
联邦调查局创建了一个网站，供受害者举报外国政府跟踪、恐吓或攻击美国民众的行为。如果您认为自己是或曾经是跨国镇压的受害者，请访问https://www.fbi.gov/investigate/counterintelligence/transnational-repre….
起诉书只是一项指控，所有被告均被推定无罪，直到在法庭上排除合理怀疑而被证明有罪。
五人被指控犯有与跨国镇压计划有关的罪行， 该计划压制在美居住的中国批评者的言论自由Read the Press Release
今天早些时候，大陪审团在布鲁克林联邦法院发回一份起诉书，指控五名被告人犯有与代表中华人民共和国政府策划的跨国镇压计划有关的各种罪行。
三名被告人——Fan “Frank” Liu、Matthew Ziburis和Qiang “Jason” Sun——据称参与了上述针对政治观点和行为不受中国政府支持（例如在中国宣扬民主）的美国居民的跨国镇压计划。 除其他事项外，被告人曾密谋摧毁居住在加利福尼亚州洛杉矶市的一名曾批评中国政府的中国公民的艺术品，并在该艺术家的工作场所和汽车中安装了监控设备，以从中国对其进行监视。 Liu和Ziburis已根据2022年3月的刑事控告书被捕，而Sun仍然在逃。
该计划中有两名新被告人——Craig Miller和Derrick Taylor。 Miller在国土安全部(DHS)工作了15年，目前被任命为国土安全部在明尼苏达州明尼阿波利斯市的紧急救援行动驱逐官；Taylor系一名退休的国土安全部执法人员，目前在加利福尼亚州尔湾市担任私家侦探。针对Miller和Taylor的指控涉及他们涉嫌妨碍司法公正（包括销毁证据），此前联邦调查局(FBI)特工接触了他们，并询问他们从受限制的执法数据库中获取有关在美国居住的中国持不同政见者的敏感和机密信息并加以传播的情况。这些信息被Liu和Sun在上述跨国镇压计划中使用。Miller和Taylor均根据一份2022年6月的刑事控告书被捕。
纽约州东区联邦检察官Breon Peace, 司法部负责国家安全司的助理司法部长Matthew Olsen 和联邦调查局负责纽约外勤办公室的助理局长Michael J. Driscoll宣布了上述逮捕和 指控。
“据称，这起案件涉及对行使言论自由的美国居民进行禁言、骚扰、抹黑和监视的多方面行动，这些行动得到了一名现任联邦执法人员和一名私家侦探的协助，他们提供了来自一个受限制的执法数据库的有关美国居民的机密信息，且当被指出不当行为时，他们撒了谎并销毁了证据，”联邦检察官Peace如是说。“本办公室将始终与我们的执法伙伴密切合作，铲除各级政府中的腐败官员，并将起诉那些代表敌对外国针对美国居民在美国领土上言论自由的人。”
Peace先生感谢美国移民与海关执法局职业责任办公室在本次调查中提供的协助。
“正如起诉书中所称，被告人实施了各种行为，以促进旨在压制中国持不同政见者在美国领土上的言论自由的跨国镇压计划。其中一名被告人甚至是一名联邦执法人员，据称他访问了政府数据库以协助非法活动，该行为与其保护所有美国居民权利的职责直接冲突。今天的行动是联邦调查局承诺积极追捕那些试图将敌对外国政府的利益置于我们居民利益之上的人的最新例证，”联邦调查局助理局长Driscoll如是说。
被告人概述
根据法庭文件，Liu系长岛杰里科居民，为一家据称位于纽约市的媒体公司的总裁；Ziburis系长岛牡蛎湾居民，为佛罗里达州退任惩教官和保镖；Sun系一家国际科技公司的中国员工；Miller在国土安全部(DHS)工作了15年，目前被任命为国土安全部在明尼苏达州明尼阿波利斯市的紧急救援行动驱逐官；Taylor系一名退休的国土安全部执法人员，目前在加利福尼亚州尔湾市担任私家侦探。
据称，Liu和Ziburis被指控合谋充当中国政府的代理人。Liu、Ziburis和Sun被指控合谋进行州际骚扰和将身份识别手段用于犯罪。Liu和Sun被指控合谋贿赂一名联邦官员，以获取一名在美国居住的民主活动人士的纳税申报表。 Miller和Taylor均被指控妨碍司法公正，而Taylor还被指控向联邦调查局作出虚假陈述。
案涉方案
如法庭文件所述，Liu和Ziburis在Sun的指挥和控制下，通过监视支持民主的中国持不同政见者并传播他们的负面信息，来诋毁这些居住在美国（包括纽约市、加利福尼亚州和印第安纳州）的支持民主的中国持不同政见者。例如，在Sun的指示下，Liu付钱给皇后区的一名私家侦探去贿赂美国国税局雇员，以获取其中一名持不同政见者的联邦纳税申报表。该私家侦探目前正配合执法部门调查，且国税局没有任何雇员收受贿赂。被告人计划公开披露该持不同政见者可能的税务责任，以诋毁他。合谋者还计划摧毁一名批评中国政府的持不同政见艺术家的艺术品，该艺术家将中国国家主席习近平描绘成冠状病毒分子的雕塑于 2021年春天被拆除。Sun还为Liu和Ziburis在跟踪、骚扰和监视在美国居住的持不同政见者方面的活动付费。
作为他们活动的一部分，Liu、Ziburis和Sun以电子方式监视民主活动人士。例如，Ziburis冒充一名有意购买持不同政见艺术家作品的艺术品经销商，偷偷地在该持不同政见者的工作场所和车内安装了监控摄像头和GPS设备。而Sun在中国观看了来自这些设备的实时视频和位置数据。Liu、Ziburis和Sun制定了类似的计划，在另外两名持不同政见者的住所和车辆上安装监控设备。 Liu和Ziburis计划以国际体育委员会成员的身份进入上述住所。
Liu、Ziburis和Sun还计划在模拟媒体会议上，打着Liu自称的媒体组织的旗号，采访持不同政见者。Sun为这些虚假采访提供了大纲，并设计了一些问题来引出旨在羞辱或抹黑持不同政见者的答案。Liu、Ziburis和Sun打算将这些陈述的音频或视频剪辑用于中国针对持不同政见者的宣传材料。
Liu的一名合谋者（下称合谋者）聘请Taylor获取有关在美国居住的多名中国持不同政见者的机密和敏感个人身份信息（包括护照信息、护照照片、飞行记录和移民记录）。Taylor进而委托包括Miller在内的两名国土安全部执法人员获取这些记录。Miller和另一名国土安全部工作人员从一个受限制的联邦执法数据库中获取了上述信息，并将这些记录不当提供给Taylor，后者随后将信息传递给了合谋者。Liu、Ziburis和Sun在代表中国政府行事的同时，利用这些信息针对和骚扰中国持不同政见者。
后来，合谋者在执法部门的指示下打电话给Taylor，声称他收到了司法部的传票，要求提供合谋者与Taylor的通信情况。Taylor指示合谋者不要向政府提供此类信息。Miller和Taylor从一个受限制的联邦执法数据库中获取有关在美国居住的中国持不同政见者的敏感和机密信息，并加以传播。Liu、Ziburis 和 Sun 在针对这些持不同政见者的跨国镇压计划中使用了这些不当提供的信息。
当联邦调查局特工质问Miller和Taylor在不当传播机密和敏感执法信息方面所扮演的角色时，Miller和Taylor均对他们过去的行为撒了谎。此外，Miller在接受联邦调查局讯问时从他的手机中删除了与Taylor的短信，Taylor指示合谋者不要向政府提供证据。
在接受联邦调查局特工讯问时，Taylor谎称他从一位使用“黑色暗网”——很可能是指“暗网”——的朋友那里获得的相关记录。
当联邦调查局特工讯问Miller时，其最初声称与Taylor有零星接触，但自从Taylor退休成为一名私家侦探后，两人就没有讨论过工作问题。在特工告诫Miller要诚实后，Miller承认Taylor向他提供了一些姓名以供他浏览执法数据库，但声称这些姓名不在他的电话中，并在讯问过程中反复提及这一点。联邦调查局特工随后要求Miller同意搜查其手机。Miller同意并最终承认，他为Taylor运行了查询并通过短信将结果发送给Taylor，且Taylor提供了一张礼品卡作为回报。
讯问结束后，联邦调查局特工开始搜查Miller的手机，但无法找到Miller在讯问中提到的Miller和Taylor之间的短信。特工随后致电Miller，询问该等短信是否还在手机中。其确认，该等短信是在“Derrik”这一名称之下，并对特工找不到它们表示惊讶。在联邦调查局特工提醒Miller向联邦执法人员撒谎是犯罪行为后，Miller承认，他在当天早些时候的讯问中删除了与Taylor的文本链，并捏造了之前关于文本链的所有陈述（包括该文本链是否包括Taylor要求的姓名）。
起诉书中的各项指控属于指摘，除非被证明有罪，否则 被告人被推定为无罪。如果罪名成立，Liu将面临最高30年的监禁；Ziburis、Sun和Taylor将面临最高25年的监禁；Miller将面临最高20年的监禁。
联邦调查局为受害者创建了一个网站，用于报告外国政府在美国跟踪、恐吓或攻击人们的行为。如果您认为自己是或曾经是跨国镇压的受害者，请访问https://www.fbi.gov/investigate/counterintelligence/transnational-repression网站。
政府案件由本办公室的国家安全与网络犯罪科处理。助理联邦检察官Alexander A. Solomon和Emily J. Dean在国家安全司反间谍与出口管制科的审判律师Scott Claffee、加利福尼亚州中区联邦检察官办公室助理联邦检察官 Christopher D. Grigg和明尼苏达地区联邦检察官办公室助理联邦检察官Kimberly Svendsen的协助下，对这起案件提起公诉。
被告人：
Fan “Frank” Liu
年龄：62岁
纽约杰里科Matthew Ziburis
年龄：49岁
纽约牡蛎湾Qiang “Jason” Sun
年龄：40岁
中华人民共和国Craig Miller
年龄：48
明尼苏达州Derrick Taylor
年龄：60
加利福尼亚州尔湾市纽约州东区联邦地区法院案卷编号：22-CR-00311 (LDH) (VMS)
Woodland Man Sentenced to 70 Months in Prison for Conspiring to Distribute MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A resident of Woodland, PA, has been sentenced in federal court to a total of 70 months in prison followed by 4 years of supervised release on his conviction of conspiracy to distribute methamphetamine, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Joshua Quigley, 43, of Woodland, Pennsylvania.
According to information presented to the court, from July 2019 to June 2020, Quigley conspired to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Ms. Chung commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation that led to the successful prosecution of Quigley. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.
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.
Woodford County Man Sentenced to 42 Months for Fraudulently Obtaining COVID Relief LoansRead the Press Release
LEXINGTON, Ky. – A Versailles, Ky., man, Randall “Rocky” Blankenship, Jr., 49, was sentenced to 42 months in federal prison on Thursday, by U.S. District Judge Karen C. Caldwell, after pleading guilty to a conspiracy to commit wire fraud to obtain Paycheck Protection Program loans under false pretenses.
According to his plea agreement, in April 2020, Blankenship submitted four fraudulent applications for Paycheck Protection Program (PPP) loans for Blankenship RV Finance Solutions LLC, RSGG Properties LLC, RSGG Holdings LLC, and RSGG Investments LLC, all business entities he formed. The Paycheck Protection Program was created as part of the CARES Act, a law passed in March 2020 in response to the COVID-19 pandemic. Paycheck Protection Program loans were designed to provide an incentive for small businesses to keep workers on their payroll during the pandemic; these loans would be forgiven by the United States Small Business Administration, if the borrower established that loan proceeds were used for payroll, rent, or other approved business expenses. The amount of the loan was dependent on the business’s payroll.
As part of his fraudulent PPP loan applications, Blankenship, with the assistance of an accountant, created fake tax documents and payroll records indicating that his businesses had hundreds of thousands of dollars in quarterly payroll; when in fact, none of the entities had any payroll expense at all. Blankenship submitted the applications through Kentucky Bank and Independence Bank; and as a result, he obtained fraudulent PPP loans totaling $1,323,829. According to his plea, he used some of the funds for a RV business he owned (which had already received its own PPP loan and was ineligible for additional loans at the time), as well as personal use, including paying off casino debt and purchasing real estate. Blankenship has repaid the stolen funds in full.
In a related case before Judge Caldwell, the accountant, Tammy Jo Goodwin, also pled guilty to conspiring with Blankenship to fraudulently obtain PPP loans. Goodwin’s sentencing is scheduled for September 26, 2022.
Under federal law, Blankenship must serve at least 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for three years. In addition to the term of imprisonment, Blankenship was ordered to pay a $30,000 fine.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; Kathy Enstrom, Special Agent in Charge, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); and Stephen Donnelly, Acting Special Agent in Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (FRB), jointly announced the sentence. The investigation was conducted by the FBI, FDIC-OIG, and FRB. The United States was represented by Assistant U.S. Attorney Paul McCaffrey.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Woman admits to $12M drug trafficking conspiracyRead the Press Release
LAREDO, Texas – A 46-year-old out-of-state woman has pleaded guilty to her role in a conspiracy to import over 3,700 kilograms of marijuana, announced U.S. Attorney Jennifer B. Lowery.
Patricia Pinto, Crete, Illinois, pleaded guilty to conspiracy to importing and conspiracy to possess with intent to distribute 1,000 kilograms or more of a mixture and substance containing a detectable amount of marijuana.
The investigation began Dec. 8, 2020, after a truck driver hauling 18 pallets of carpet on a commercial tractor entered the United States through the World Trade Bridge in Laredo. Law enforcement conducted an X-ray inspection and discovered a total of 3208.8 kilograms of marijuana.
Authorities identified Pinto as the creator of the driver’s entry documents and linked them to Associated Distributions, a company located in Houston.
On July 20, 2021, law enforcement seized two cell phones from Pinto after she entered the United States from Mexico. A search of the phones revealed Whatsapp messages describing her role in forming the company as well as other incriminating discussions with co-conspirators.
Further analysis of the phones connected Pinto to another incident that occurred Dec. 20, 2019, involving the seizure of 537.2 kilograms of marijuana in Falfurrias.
The total amount of drugs involved in the case is estimated to be $12.2 million.
U.S. District Judge Diana Saldana will impose sentencing at a later date to be determined after the completion of a presentencing investigation. At that time, Pinto faces up to life in prison.
She was permitted to remain on bond pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Gerard A. Cantu is prosecuting the case.
Woman Accused of Murder in Texas Charged with Misuse of Passport while Leaving the United StatesRead the Press Release
NEWARK, N.J. – An Austin, Texas, woman was charged today for using a passport belonging to another individual when she flew out of Newark Liberty International Airport, U.S. Attorney Philip R. Sellinger announced.
Kaitlin Armstrong, 34, is charged by complaint with one count of misuse of a passport. Armstrong will make her initial appearance at a date to be determined.
According to the complaint:
The city of Austin, Texas, obtained an arrest warrant for Armstrong on May 17, 2022, for a murder that allegedly occurred on May 11, 2022, in Austin. The victim died after suffering multiple gunshot wounds. On May 12, 2022, Austin Police Department officers interviewed Armstrong about the death. Armstrong flew from Texas to New York La Guardia Airport in Queens, New York, two days later.
On May 18, 2022, Armstrong boarded a flight from Newark Liberty International Airport to Juan Santamaría Airport in Costa Rica after presenting a ticket and United States passport in the name of another individual known to Armstrong, and whom Armstrong represented as herself. On June 29, 2022, law enforcement officers apprehended Armstrong in Costa Rica, where she was in possession of both her own passport and the passport that she presented to officials when she flew from Newark Liberty International Airport.
Misuse of a passport carries a maximum potential penalty of 10 years in prison and a maximum fine of $250,000.
U.S. Attorney Sellinger credited the U.S. Marshals Service, under the direction of U.S. Marshal for the Western District of Texas Susan Pamerleau; and special agents of the U.S. Department of State, Diplomatic Security Service, New York Field Office, under the direction of Special Agent in Charge Keith Byrne. He also thanked the U.S. Attorney’s Office for the Western District of Texas, Homeland Security Investigations, the Austin Police Department, and U.S. Customs and Border Protection, for their assistance with the investigation.
The government is represented by Assistant U.S. Attorney Garrett Schuman of the General Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
White River Man Indicted for Aggravated Sexual AbuseRead the Press Release
United States Attorney Alison J. Ramsdell announced that a White River, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Justin Moreno, age 33, was indicted on May 10, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 5, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 2, 2022, in Mellette County, South Dakota, Moreno caused the victim to engage in a sexual act by the use of force.
The charge is merely an accusation and Moreno is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Moreno was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Wheeling man sentenced for drug conspiracyRead the Press Release
WHEELING, WEST VIRGINIA – William Hinton, of Wheeling, West Virginia, was sentenced yesterday to 180 months of incarceration for his involvement in a drug trafficking conspiracy, United States Attorney William Ihlenfeld announced.
Hinton, also known as “Abu Twoseventeeen,” age 49, pleaded guilty in February 2022 to one count of “Conspiracy to Distribute and Possess with the Intent to Distribute Cocaine Base, Cocaine Hydrochloride, Methamphetamine, and Heroin” and one count of “Distribution of Cocaine Base.” Hinton admitted to working with others to sell cocaine base, also known as “crack,” cocaine hydrochloride, also known as “coke,” and methamphetamine from June 2019 to August 2021 in Ohio County and elsewhere, including the Southern District of Ohio.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Ohio Valley Drug Task Force, a HIDTA-funded initiative, which includes the Drug Enforcement Administration, West Virginia State Police, the Ohio County Sheriff’s Office, and the Wheeling Police Department, investigated. The Belmont County Sheriff’s Office and the St. Clairsville Police Department assisted
U.S. District Judge John Preston Bailey presided.
West Virginia Hospital to Pay $1.5 Million to Settle Allegations Concerning Impermissible Financial Relationships with Referring PhysiciansRead the Press Release
WHEELING – Weirton Medical Center, a hospital located in Weirton, West Virginia, has agreed to pay $1.5 million to resolve allegations that it violated the False Claims Act by knowingly submitting or causing the submission of claims to Medicare in violation of the Physician Self-Referral Law (commonly referred to as the Stark Law).
“Health care decisions should be based on patients’ medical needs, not physicians’ financial interests,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department will continue to investigate financial relationships that may improperly influence physician decision-making.”
“Improper compensation arrangements between hospitals and physicians will not be tolerated,” said U.S. Attorney William Ihlenfeld for the Northern District of West Virginia. “The U.S. Attorney’s Office will be aggressive in its pursuit of those who violate the Stark Law and we strongly encourage whistleblowers to come forward.”
“Patients trust their health care providers’ decisions are made based on their individual medical needs and not to increase providers’ profits,” said Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with the U.S. Attorney’s Office to investigate health care fraud allegations and to protect the integrity of the Medicare program.”
The settlement, which is based on the hospital’s financial condition, stems from a voluntary self-disclosure made by the hospital regarding potential Stark Law violations. The Stark Law prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Stark Law is intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient. The settlement resolves Weirton Medical Center’s liability under the False Claims Act for submitting claims to Medicare that resulted from violations of the Stark Law due to payment of compensation to referring physicians that allegedly exceeded fair market value or took into account the volume or value of the physicians’ referrals to the hospital.
The matter was investigated by Senior Trial Counsel Diana Cieslak and Assistant U.S. Attorneys Stephanie Savino and Christopher Prezioso for the Northern District of West Virginia.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Northern District of West Virginia with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
West Virginia Hospital to Pay $1.5 Million to Settle Allegations Concerning Impermissible Financial Relationships with Referring PhysiciansRead the Press Release
Weirton Medical Center, a hospital located in Weirton, West Virginia, has agreed to pay $1.5 million to resolve allegations that it violated the False Claims Act by knowingly submitting or causing the submission of claims to Medicare in violation of the Physician Self-Referral Law (commonly referred to as the Stark Law).
“Health care decisions should be based on patients’ medical needs, not physicians’ financial interests,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department will continue to investigate financial relationships that may improperly influence physician decision-making.”
“Improper compensation arrangements between hospitals and physicians will not be tolerated,” said U.S. Attorney William Ihlenfeld for the Northern District of West Virginia. “The U.S. Attorney’s Office will be aggressive in its pursuit of those who violate the Stark Law and we strongly encourage whistleblowers to come forward.”
“Patients trust their health care providers’ decisions are made based on their individual medical needs and not to increase providers’ profits,” said Special Agent in Charge Maureen Dixon of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS-OIG will continue to work with the U.S. Attorney’s Office to investigate health care fraud allegations and to protect the integrity of the Medicare program.”
The settlement, which is based on the hospital’s financial condition, stems from a voluntary self-disclosure made by the hospital regarding potential Stark Law violations. The Stark Law prohibits a hospital from billing Medicare for certain services referred by physicians with whom the hospital has a financial relationship, unless that relationship satisfies one of the law’s statutory or regulatory exceptions. The Stark Law is intended to ensure that medical decision-making is not compromised by improper financial incentives and is instead based on the best interests of the patient. The settlement resolves Weirton Medical Center’s liability under the False Claims Act for submitting claims to Medicare that resulted from violations of the Stark Law due to payment of compensation to referring physicians that allegedly exceeded fair market value or took into account the volume or value of the physicians’ referrals to the hospital.
The matter was investigated by Senior Trial Counsel Diana Cieslak and Assistant U.S. Attorneys Stephanie Savino and Christopher Prezioso for the Northern District of West Virginia.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Northern District of West Virginia with assistance from HHS-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The claims resolved by the settlement are allegations only and there has been no determination of liability.
West Falls Man Pleads Guilty to Child Exploitation Charge at Start of Federal TrialRead 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, as jury selection was scheduled to get underway in his federal trial, Nicholas Turnquist, 36, of West Falls, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to transportation and attempted transportation of a minor with the intent to engage in criminal sexual activity. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorneys Maeve E. Huggins, Paul E. Bonanno, and Jonathan P. Cantil, who are handling the case, stated that beginning in 2012, and for several years after, Turnquist sexually abused a minor female victim (Victim) who was known to Turnquist. The sexual abuse occurred in New York State and in other states, including Pennsylvania, and in Canada. For example, on December 23, 2014, Turnquist transported the Victim, a then 16-year-old minor female, from New York to Pennsylvania, to engage in sexual activity.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, the East Aurora Police Department, under the direction of Chief Shane Krieger, and the Wyoming County Sheriff’s Office, under the direction of Sheriff Gregory Rudolph.
Sentencing is scheduled for October 20, 2022, at 10:00 a.m. before Judge Sinatra.
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U.S. Attorney’s Office Reminds Communities Regarding the Americans with Disabilities Act and Outdoor Dining AreasRead the Press Release
LEXINGTON, Ky. — As part of continuing COVID-19 pandemic mitigation strategies, many cities and other local municipalities have allowed restaurants to create or expand outdoor dining spaces, onto streets, sidewalks, and parking lots. To ensure that such new dining spaces are accessible and do not impair the ability of those with disabilities to move in and around these areas, the U.S. Attorney’s Office for the Eastern District of Kentucky announced that it is sending the attached Letter to remind communities and restaurants of the requirements of the Americans with Disabilities Act (ADA).
The Letter explains that, under the ADA, restaurants must ensure that all dining areas (both indoor and outdoor) are accessible. It also reminds municipalities, who often must approve the use or expansion of outdoor dining, that these areas must not obstruct the accessible path of travel on sidewalks. Similarly, outdoor dining spaces should not reduce the availability of accessible parking spaces, in streets and parking lots.
“The use of new or enhanced outdoor seating is a valuable tool to assist COVID-19 mitigation and promote business,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “However, when considering these changes, it is important for restaurants to remember the requirements of the ADA and to ensure that any outdoor dining spaces are accessible to people with disabilities, and do not diminish the accessibility of surrounding areas, including sidewalks and availability of accessible parking spaces.”
The Letter includes a link to the Department of Justice’s website, ADA.gov, which provides information and technical assistance on the ADA’s requirements for public accommodations, such as restaurants, as well as state and local governments.
The U.S. Attorney’s Office for the Eastern District of Kentucky is responsible for enforcing a variety of federal statutes that prohibit discrimination, including the ADA. Members of the public with information relating to ADA compliance or other potential civil rights violations may submit a complaint through the Department’s civil rights portal at https://civilrights.justice.gov/ or by contacting the United States Attorney’s Office at (859) 233-2661.
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U.S. Attorney Makes Supervisory AppointmentsRead the Press Release
United States Attorney Vanessa Roberts Avery today announced several supervisory appointments within the U.S. Attorney’s Office.
“I am fortunate to lead an office with a long roster of extremely talented individuals who are committed to the cause of justice,” said U.S. Attorney Avery. “The high level of collaboration and teamwork that our attorneys and staff exemplify carries over to our partnerships with federal, state and local law enforcement, as well as other community leaders. I am confident that our office will continue to make Connecticut a safer place to live, and have a tremendous impact in our communities.”
Marc H. Silverman has been named Chief of the Criminal Division. Mr. Silverman joined the U.S. Attorney’s Office in 2010 and, since 2014, has served as Deputy Chief of the Office’s Appellate Division. Prior to joining the U.S. Attorney’s Office, Mr. Silverman was an Arthur Liman Public Interest Fellow at Advocates for Children of New York, Inc.; an associate at Morvillo Abramowitz Grand Iason & Anello PC; and a law clerk for Judge Kimba M. Wood of the U.S. District Court for the Southern District of New York and Judge Dennis Jacobs of the U.S. Court of Appeals for the Second Circuit. Mr. Silverman is a 2003 graduate of Yale University and a 2006 graduate of Yale Law School.
The Criminal Division, which is responsible for enforcing federal criminal laws, comprises four program-based units: Violent Crimes and Narcotics, Financial Fraud and Public Corruption, National Security and Cybercrime, and Major Crimes.
U.S. Attorney Avery has appointed Jocelyn Kaoutzanis as Chief of the Violent Crimes and Narcotics Unit (VCN), which includes Project Safe Neighborhoods (PSN) prosecutions, the Organized Crime and Drug Enforcement Task Force (OCDETF), and violent crime, gangs and narcotics investigations. Assistant U.S. Attorney John Pierpont, Jr., continues in his role as Deputy Chief of the unit and as PSN Coordinator, overseeing firearms prosecutions that seek to deter the illegal possession of guns and reduce gun and gang violence. Brian Leaming has been named as a Deputy Chief of the Unit, and will serve as OCDETF Coordinator, which targets major drug trafficking operations responsible for the distribution of large quantities of narcotics by major drug trafficking organizations.
The Financial Fraud and Public Corruption Unit is responsible for investigating matters involving securities and investor fraud, public corruption, bank fraud and embezzlement, mortgage fraud, tax fraud, health care fraud, bankruptcy fraud and Foreign Corrupt Practices Act violations. David Novick continues to serve as Chief of the unit, and Christopher Schmeisser remains as Deputy Chief.
Peter Jongbloed continues as Chief of National Security and Cybercrime Unit, which is responsible for prosecuting matters involving international and domestic terrorism, customs enforcement and identity theft, and sophisticated cybercrimes.
The Major Crimes Unit is responsible for prosecuting matters including civil rights and hate crimes, immigration, human trafficking and child exploitation, government program fraud, and environmental crimes. Nancy Gifford has been named Chief of the Unit and Neeraj Patel is the Deputy Chief.
Michelle McConaghy serves as Chief of the Civil Division, which handles a wide variety of cases in which the United States or its employees are plaintiffs or defendants. David Nelson serves as the Deputy Chief of the Civil Division.
The Civil Division’s Defensive Unit, which is headed by John Larson, defends claims filed against the U.S., including tort, medical malpractice, employment discrimination, immigration and foreclosures. The unit also defends claims brought against individual federal employees (Bivens claims).
The Civil Division’s Affirmative Civil Enforcement and Civil Rights Unit, which is headed by Richard Molot, pursues claims on behalf of the U.S. in cases involving health care fraud, defense contractor fraud, drug diversion, forfeitures and environmental violations. In addition, the unit maintains a Civil Rights enforcement program, which brings civil rights actions to enforce federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin and to recover damages for victims of civil rights violations.
The Civil Division also has a Financial Litigation Unit, headed by Christine Sciarrino, which is responsible for collecting debts owed to the United States.
The District of Connecticut’s Appellate Division will continue to be led by long-time Chief Sandra Glover. The Appellate Division supervises all appeals arising out of the Criminal and Civil Divisions. The Division assists with writing briefs and motions and preparing assistants for oral arguments before the U.S. Court of Appeals for the Second Circuit. The Division also coordinates the approval process for government appeals, provides guidance on legal issues arising in criminal and civil cases, advises the Office of developments in the law, and assists in the formulation of Office policies that address the enforcement of that law.
Assistant U.S. Attorney Hal Chen will serve in the newly-created role of Director of Community Engagement and will coordinate all of the Office’s community engagement efforts around the state.
Alfred Pavlis serves as the First Assistant U.S. Attorney and Susan Wines continues in her role as the Executive Assistant U.S. Attorney.
The District is composed of approximately 68 Assistant U.S. Attorneys and approximately 57 staff members at offices in New Haven, Hartford and Bridgeport.
Tyler County man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Shirl Norman Baker, III, of Paden City, West Virginia, was sentenced yesterday to 60 months of incarceration for a drug charge, United States Attorney William Ihlenfeld announced.
Baker, 42, pleaded guilty in May 2022 to today on one count of “Distribution of 5 Grams or More of Methamphetamine.” Baker admitted to selling methamphetamine in March 2020 in Wetzel County.
Assistant U.S. Attorney Clayton J. Reid prosecuted the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Two Additional Defendants Plead Guilty in Nationwide Racketeering Conspiracy Targeting the ElderlyRead the Press Release
SAN DIEGO – Two more members of a nationwide “grandparent scam” network have pleaded guilty to conspiracy charges under the Racketeer Influenced and Corrupt Organizations Act known as RICO.
Lyda Harris of Laveen, Arizona, pleaded guilty in federal court today; Tracy Glinton of Orlando, Florida, pleaded guilty on June 9, 2022. They are the fifth and sixth of eight defendants to plead guilty; two remain fugitives.
According to court documents, the defendants were members and associates of a criminal enterprise that engaged in extortion and fraud to swindle more than $2 million from 70-plus elderly victims across the nation. At least 10 elderly victims who resided in San Diego County lost over $300,000 to the fraud. From approximately November 1, 2019, until October 14, 2020, the members of the criminal enterprise targeted elderly Americans, contacting them by phone and feeding them phony stories that their grandchildren were in legal trouble and needed money to pay for bail, pay medical expenses for car accident victims, or prevent additional charges from being filed. Members and associates obtained money from victims through in-person cash pick-ups, by mail or commercial carriers, or via wire transfers. Conspirators laundered the proceeds by transferring the funds or converting from fiat currency to cryptocurrency.
Defendant Lyda Harris was arrested in the Republic of Albania in August 2021 and extradited to the United States. According to Harris’s plea agreement, she received and funneled victim proceeds for a coconspirator to convert from fiat currency to cryptocurrency. As part of the guilty plea, Harris agreed to forfeit $6,243 in proceeds she personally received from the offense. Harris will also be subject to an order of restitution to the victims of the offense in the amount of at least $1,208,291.93.
According to defendant Tracy Glinton’s plea agreement, Glinton’s primary role was helping codefendant Tracy Knowles receive proceeds from coconspirators who obtained victim money. Glinton knew that the money she received for Knowles constituted proceeds of grandparent scams. In their phone messages, Glinton and Knowles discussed the “grandma scam.” As part of her guilty plea, Glinton agreed to forfeit $9,950 in proceeds she personally received from the offense and pay at least $471,600 to the victims in restitution.
“The defendants participated in a sophisticated conspiracy that exploited our nation’s most vulnerable citizens,” said U.S. Attorney Randy Grossman. “The elderly victims were financially and emotionally shattered by these heartless crimes. Fortunately, the coordinated efforts of our prosecution team and law enforcement partners held the defendants accountable and obtained justice for their victims.” Grossman commended the Assistant U.S. Attorney and law enforcement agents who diligently pursued this matter.
“Scammers continue to target our elderly population at an ever-increasing rate across the country. These defendants intentionally preyed upon and systematically stole from their victims without a second thought,” said FBI Special Agent in Charge Stacey Moy. “Today’s guilty pleas send a clear message that the FBI is committed to identifying, investigating, and bringing to justice those who are committing financial crimes. The FBI will continue to work with our partners on the San Diego’s Elder Justice Task Force to protect our elders.”
This case was investigated by the San Diego Elder Justice Task Force, which is a collaboration between the U.S. Attorney’s Office, the FBI, the District Attorney’s Office and all San Diego County law enforcement agencies. The Elder Justice Task Force, established in February 2021, is believed to be the first comprehensive law enforcement effort for this purpose anywhere in the country. The case was prosecuted by the U.S. Attorney’s Office and the Department of Justice’s Consumer Protection Branch.
DEFENDANTS Case Number 21cr2216-CAB
Tracy Adrine Knowles 30 Orlando, Florida
Fugitive
Adonis Alexis Butler Wong 30 Northbay Village, Florida
Fugitive
Timothy Ingram, AKA Bleezy 29 North Hollywood, California
In custody. Sentencing set for July 29, 2022.
Anajah Gifford 23 North Hollywood, California
In custody. Sentencing set for August 26, 2022.
Lyda Harris 74 Laveen, Arizona
Released on bond. Sentencing set for September 30, 2022.
Joaquin Lopez 46 Hollywood, Florida
Released on bond. Sentencing set for August 19, 2022
Jack Owuor 25 Paramount, California
Released on bond. Sentencing set for August 17, 2022.
Tracy Glinton 35 Orlando, Florida
Released on bond. Sentencing set for September 2, 2022.
SUMMARY OF CHARGES
Title 18, U.S.C., Sec. 1962(d) – Conspiracy to Conduct or Participate in an Enterprise
Through a Pattern of Racketeering Activity
Maximum penalty: Twenty years in prison and a fine of not more than the greater of twice the amount of gain or loss associated with the offense or $250,000
AGENCIES
Department of Justice’s Consumer Protection Branch
San Diego Elder Justice Task Force, which includes:
San Diego FBI
San Diego County District Attorney’s Office
San Diego Police Department
San Diego Sheriff’s Department
Carlsbad Police Department
Oceanside Police Department
Escondido Police Department
Chula Vista Police Department
El Cajon Police Department
La Mesa Police Department
National City Police Department
Coronado Police Department
Tucson Man Sentenced to 48 Months as Coordinator for Human Smuggling OrganizationRead the Press Release
TUCSON, Ariz. – Yesterday, Benjamin Gallegos, 24, of Tucson, Arizona was sentenced by United States District Judge Scott H. Rash to 48 months in prison, followed by three years of supervised release. Gallegos previously pleaded guilty to Conspiracy to Transport and Harbor Illegal Aliens for Profit for his role in organizing, managing, and supervising other co-conspirators within an organization that smuggled individuals from Mexico, Central America, and South America, into the District of Arizona. Gallegos was initially charged in 2018 for his illegal conduct, but he was a fugitive until his arrest in 2021.
This prosecution resulted from the coordinated efforts of Joint Task Force Alpha (JTFA). The U.S. Attorney’s Office for the District of Arizona is part of JTFA, which was established by Attorney General Merrick B. Garland in June 2021 to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The Task Force focuses on disrupting and dismantling smuggling and trafficking networks that abuse, exploit, or endanger migrants, pose national security threats, and are involved in organized crime. JTFA consists of federal prosecutors and attorneys from U.S. Attorneys’ Offices along the Southwest Border (District of Arizona, Southern District of California, Southern District of Texas, and Western District of Texas), from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from DHS’s Immigration and Customs Enforcement and Customs and Border Protection’s U.S. Border Patrol. The FBI and the Drug Enforcement Administration are also part of the Task Force.
Homeland Security Investigations – Nogales and the Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 21-01322-TUC-SHR(BGM)
RELEASE NUMBER: 2022-110_Gallegos# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Traffickers admit to smuggling meth in fire extinguishers for cartelRead the Press Release
LAREDO, Texas – Two Texas men have pleaded guilty to conspiracy to possess with the intent to distribute 34.5 kilograms of liquid meth associated with the Cartel Del Noreste (CDN), announced U.S. Attorney Jennifer B. Lowery.
Bonifacio Turrubiates, 48, Laredo, pleaded guilty today, while Dionicio Sanchez, 46, Houston, admitted his guilt June 3.
On April 28, 2020, authorities conducted a seizure on their vehicle in the parking lot of an HEB grocery store located in Laredo. There, they discovered kilograms of liquid meth hidden inside multiple fire extinguishers. The investigation revealed the meth belonged to an organization affiliated with the CDN.
As part of their pleas, Turrubiates and Sanchez admitted to conspiring to hide the meth inside fire extinguishers and transport them outside of Texas by driving the drugs north of Laredo.
U.S. Judge Marina Garcia Marmolejo will impose sentencing at a later date for Turrubiates and Sanchez. At that time, each faces up to life in prison and a possible $10 million maximum fine.
Both men have been and will remain in custody pending that hearing.
The Drug Enforcement Administration conducted the Organized Crime Drug Enforcement Task Forces (OCDETF) Operation Noreste with the assistance of Webb County Sheriff’s Office. 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, mutlti-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found on the Department of Justice’s OCDETF webpage.
Assistant U.S. Attorney Francisco J. Rodriguez is prosecuting the case.
Three Plead Guilty to Straw Purchasing Multiple FirearmsRead the Press Release
BECKLEY, W.Va. – Three Beckley-area residents pleaded guilty today to federal charges involving multiple straw purchases of firearms.
Jaleel Delaney, 27, and Dejaha Morris, 23, pleaded guilty to making false statements in acquisition of firearms. Sequoyah Swain, 22, pleaded guilty to aiding and abetting another individual in making false statements in acquisition of firearms.
According to court documents and statements made in court:
- Delaney admitted to illegally straw purchasing a Glock, Model 19, 9mm pistol from a gun dealer in Beckley on May 4, 2021, to transfer to another individual who has been charged in a pending interstate gun trafficking conspiracy in the Southern District of West Virginia. Delaney further admitted to carrying out other straw purchases for this individual and others.
- Morris admitted that an individual who has been charged in a pending interstate gun trafficking conspiracy enlisted her to illegally straw purchase firearms in the Southern District of West Virginia and transfer them outside of West Virginia beginning in early 2000 and through at least mid-2021. Morris admitted that this individual directed her to buy a Taurus G3C, 9mm pistol in Beckley on October 17, 2020. Morris further admitted to carrying out at least eight straw purchases for this individual and others.
- Swain admitted to aiding and abetting an individual who has been charged in a pending interstate gun trafficking conspiracy in purchasing a Ruger Model Ruger 57, 5.7x28mm 5.7 caliber pistol in Beckley on April 18, 2021. Swain further admitted to recruiting other individuals to make similar straw purchases.
Delaney and Morris admitted to falsely certifying on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Federal Firearms Transaction Records Form 4473 that they were the buyer of the firearms for their purchases when they knew they were buying the firearms for someone else.
“The law is clear: when you buy firearms for someone who cannot pass the required background check, you are committing a felony,” said United States Attorney Will Thompson. “The background check system cannot work when “straw” purchasers buy firearms only to provide them to individuals who cannot buy firearms legally themselves. Our office is determined to stop this method of illegally putting firearms in the wrong hands.”
Sentencings are scheduled on November 17, 2022, for Swain and Delaney, and on December 9, 2022, for Morris. Each faces a maximum penalty of five years in prison, three years of supervised release and a $250,000 fine.
Thompson commended the ATF’s investigative work in announcing the guilty pleas.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Negar M. Kordestani is prosecuting the cases.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case Nos. 5:22-cr-81, 5:22-cr-82, and 5:22-cr-83
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Three Men Federally Indicted for Insider Trading, Securities FraudRead the Press Release
MINNEAPOLIS – Three men have been indicted for their roles in an insider trading conspiracy involving a medical device company’s nonpublic business acquisition deal.
According to court documents, beginning in January 2018 through at least August 2020, Doron “Ron” Tavlin, 66, of Minneapolis, Afshin “Alex” Farahan, 55, of Los Angeles, and David Gantman, 56, of Mendota Heights, willfully engaged in an insider trading conspiracy. The conspiracy involved nonpublic information about the acquisition of Company B, an Israeli-based company that specialized in robotics for spinal procedures, by Company A, an Ireland-based medical device company that primarily operated from its executive headquarters in Minneapolis. Tavlin, a former vice president of Company B, learned material, nonpublic information about Company A’s potential acquisition of Company B. In violation of his duty to the company, Tavlin tipped this information about the acquisition to his friend, Farahan, who then tipped the information to Gantman. The defendants knew that Company A’s imminent acquisition of Company B would likely result in an increase in Company B’s stock price. Farahan and Gantman used the nonpublic information to purchase quickly substantial amounts of Company B securities throughout August and September 2018. On September 21, 2018, the day after Company B publicly announced its acquisition by Company A, Farahan and Gantman each sold all of their Company B securities for a total profit of more than $500,000.
According to court documents, in October 2018, Tavlin learned that the Financial Industry Regulatory Authority (FINRA) was investigating certain trades of Company B securities that occurred prior to the publicly announced acquisition. As part of its inquiry, FINRA asked insiders who knew about the secret acquisition negotiations, which included Tavlin, whether they knew any of the parties who traded in Company B securities leading up to the public announcement. In January 2019, Tavlin responded to FINRA’s inquiry by falsely denying that he recognized any names on a list of persons and entities that purchased Company B securities, which included Farahan and Gantman’s names.
According to court documents, it was part of the insider trading conspiracy that Tavlin and Farahan agreed that Farahan would pay money to Tavlin in exchange for the material, nonpublic information that Tavlin provided to Farahan. For example, in October 2019, Farahan gave Tavlin a $25,000 check in exchange for the information that Tavlin had provided about Company B leading up to the acquisition.
The defendants are charged with conspiracy to engage in insider trading, securities fraud in the form of insider trading, and aiding and abetting securities fraud. Tavlin and Gantman made their initial appearances yesterday in U.S. District Court before Magistrate Judge Tony N. Leung. Farahan will make his initial appearance at a later date.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorneys Matthew S. Ebert and Kimberly A. Svendsen are prosecuting the case.
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Three Defendants sentenced for Roles in a $1.2 Million Check Kiting SchemeRead the Press Release
A trio of defendants who played various roles in defrauding First State Bank of Commerce, Oklahoma, have been sentenced in federal court, announced U.S. Attorney Clint Johnson.
The check kiting scheme was carried out by two cattle dealers, John Theodore Linthicum, 53, and Douglas Todd Mayfield, 53, and a bank employee, Angela Gayle Asbell, 61, from October 2016 to January 2017. The bank lost approximately $1.2 million as a result of the scheme.
According to court documents, in the fall of 2016, Linthicum, experienced dwindling cash flow in his cattle business, so he had Mayfield write NSF checks that Linthicum deposited into his bank account. Mayfield provided numerous insufficiently funded checks from his accounts at another bank. Many times he provided signed blank checks, and Linthicum filled in the amounts payable to himself. The checks generally ranged between $100,000 and $375,000. Both men knew that Mayfield did not have sufficient funds to cover the checks.
Asbell was a cashier and branch manager at First State Bank but also maintained books and records for Linthicum’s cattle business. In her position at the bank, Asbell knowingly and improperly authorized immediate credit for the bogus checks and fraudulently authorized Linthicum to wire funds and buy cashier’s checks with the fictitious credit balances in his account even though she knew the money was not there.
The defendants were charged separately and all pleaded guilty to conspiracy to commit bank fraud.
Linthicum was sentenced on Jan. 25, 2022, to 27 months in federal prison followed by five years of supervised release.
On June 29, 2022, Mayfield was sentenced to six months of home detention followed by three years of supervised release.
Finally, Asbell was sentenced on July 7, 2022, to five months in federal prison followed by five months of home detention and three years of supervised release.
The Federal Deposit Insurance Corporation (FDIC)-Office of Inspector General and Federal Housing Finance Agency-Office of Inspector General conducted the investigation. Assistant U.S. Attorneys Kevin C. Leitch, Vani Singhal and David D. Whipple prosecuted the case.
Theranos Chief Operating Officer Ramesh “Sunny” Balwani Found Guilty of Conspiracy, Wire FraudRead the Press Release
SAN JOSE - A federal jury found Ramesh “Sunny” Balwani guilty of two counts of conspiracy and ten counts of wire fraud though a multi-million-dollar scheme to defraud investors and patients in connection with the operations of Theranos, Inc., announced United States Attorney Stephanie M. Hinds; Federal Bureau of Investigation (FBI) Special Agent in Charge Sean Ragan; Food and Drug Administration (FDA) Assistant Commissioner for Criminal Investigations Catherine A Hermsen; and U.S. Postal Inspection Service (USPIS) San Francisco Division Acting Inspector-In-Charge Kevin Rho. The verdicts follow a trial that began March 9, 2022, before the Honorable Edward J. Davila, United States District Judge, and concluded just over 6 months after a jury found Elizabeth A. Holmes guilty of one count of conspiracy and three counts of wire fraud in related proceedings.
“Six months after the guilty verdicts in the Elizabeth Holmes trial, this jury has concluded that Holmes’s business partner, Ramesh Balwani, also bears responsibility for defrauding investors in Theranos,” said U.S. Attorney Hinds. "The jury concluded that Balwani also perpetrated fraud on unsuspecting patients. I want to thank the jury for dutifully navigating through the complex issues presented by this case. In this trial, it took four months for the parties to present their evidence and argument, all the while wading through the additional challenges presented by the Coronavirus pandemic. We are gratified by the jury’s hard work and attentiveness to the evidence presented. We appreciate the verdict and look forward to sentencing proceedings.”
“Once again, a jury has determined that the fraud at Theranos reached the level of a criminal conspiracy," said FBI Special Agent in Charge Sean Ragan. "The FBI has spent years investigating this investment fraud scheme with our partners at USPIS and the FDA Office of Criminal Investigations. Lies, deceit, and criminal actions cannot replace innovation and success.”
“Medical product fraud jeopardizes patient health,” said FDA Assistant Commissioner for Criminal Investigations Catherine A Hermsen. “This defendant joins his partner in being found guilty of fraud related to diagnostic tests. The FDA will vigilantly investigate and bring to justice individuals and companies responsible for putting the public health at risk.”
USPIS Acting Inspector-in-Charge Rho said “I want to thank the FBI, the FDA-Office of Criminal Investigations, and the U.S. Attorney’s Office for the Northern District of California for the extraordinary teamwork supporting this verdict. Postal Inspectors have been investigating snake oil and investment fraud schemes for more than a hundred years, and we remain committed to uncovering criminal frauds with these partners.”
Balwani, 57, of Atherton, was employed at Theranos from September of 2009 through July of 2016. The blood testing company based in Palo Alto and Newark, Calif., was founded by Holmes, 38, of Woodside, Calif., in 2003. While employed with Theranos, Balwani worked for the company in several capacities, including as a member of the company’s board of directors, as its president, and as its chief operating officer. At trial, the government submitted evidence that while at Theranos Balwani conspired to commit wire fraud against investors between 2010 and 2015, conspired to commit wire fraud between 2013 and 2016 against patients who paid for Theranos’ blood testing services, and that he committed wire fraud against investors and patients.
With respect to the conspiracy charges, the government submitted evidence regarding Balwani’s claims that Theranos developed a revolutionary and proprietary analyzer that the defendants referred to by various names, including as the TSPU, Edison, or minilab. Balwani and Holmes claimed the analyzer was able to perform a full range of clinical tests using small blood samples drawn from a finger stick. They also represented that the analyzer could produce results that were more accurate and reliable than those yielded by conventional methods—all at a faster speed than previously possible. At trial, the government demonstrated that Holmes and Balwani knew that many of their representations about the analyzer were false, but nevertheless conspired to convince potential investors and patients that the claims were true. For example, Holmes, Balwani, and others knew that the analyzer had accuracy and reliability problems, performed a limited number of tests, was slower than some competing devices, and, in some respects, could not compete with existing, more conventional machines.
Similarly, with respect to the substantive fraud charges, the evidence demonstrated Balwani used advertisements and solicitations to encourage and induce patients to use Theranos’s blood testing laboratory services, even though he knew Theranos was not capable of consistently producing accurate and reliable results for certain blood tests.
Evidence showed that Balwani represented to investors that Theranos would generate over $100 million in revenues and break even in 2014 and that Theranos expected to generate approximately $1 billion in revenues in 2015. In truth, Theranos resorted to using conventional machines bought from third parties to perform much of Theranos’s blood testing and Balwani knew Theranos would generate only negligible or modest revenues in 2014 and 2015. The trial evidence included numerous misrepresentations made by Balwani to potential investors about Theranos’s financial condition and its future prospects. In addition, the evidence showed that Balwani represented to investors that Theranos would dramatically increase the number of Wellness Centers within Walgreens stores even though Theranos’s retail Walgreens rollout had stalled because of several issues.
On July 28, 2020, a federal grand jury returned a superseding indictment charging Balwani with two counts of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, and ten counts of wire fraud, in violation of 18 U.S.C. § 1343. Like Holmes, Balwani was charged with conspiring to commit wire fraud against investors in Theranos during the period 2010 to 2015, conspiring to commit wire fraud against patients who paid for Theranos’ blood testing services during the period 2013 to 2016, and ten counts of wire fraud in violation of Section 1343 of Title 18 of the United States Code. Six of the wire fraud counts involved fraud against investors in Theranos while the remaining four involved wire fraud against patients who paid for Theranos’ blood testing services and advertising purchased by Theranos to attract those patients. Pursuant to today’s verdicts, Balwani was found guilty on all counts.
Balwani remains free on bond pending further hearings. Judge Davila scheduled Balwani’s sentencing hearing for November 15, 2022. Balwani faces a maximum sentence of twenty (20) years in prison, and a fine of $250,000, plus restitution, for each count of conspiracy and each count of wire fraud. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
In a separate trial, a separate jury convicted Holmes on January 3, 2022, of the investor-related conspiracy count and three counts of wire fraud. That jury acquitted Holmes of the patient-related conspiracy wire fraud count and three additional wire fraud counts; in addition, one count of wire fraud relating to a Theranos patient was dismissed during Holmes’s trial. The jury could not reach a unanimous verdict in her trial with respect to three investor fraud-related counts. Judge Davila scheduled Holmes’s sentencing for September 26, 2022.
Assistant U.S. Attorneys Robert S. Leach, Jeff Schenk, John C. Bostic, and Kelly Volkar are prosecuting the case with the assistance of Lakisha Holliman, Madeline Wachs, Elise Etter, Susan Kreider, Leeya Kekona, Sara Slattery and Sutton Peirce. The prosecution is the result of an investigation by the FBI, USPIS, and FDA Office of Criminal Investigations.
Texas Man Sentenced in South Dakota for Drug ConspiracyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a San Antonio, Texas, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 5, 2022, by U.S. District Judge Karen E. Schreier.
Isaias Lorenso Santos Escamilla, age 30, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Santos Escamilla was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on November 9, 2021. He pled guilty on April 11, 2022.
Beginning on an unknown date, and continuing until on or about December 2021, Santos Escamilla reached an agreement to distribute five kilograms or more of cocaine in the District of South Dakota. During his involvement in the conspiracy, Santos Escamilla received cocaine from a co-conspirator and agreed to transport it to Sioux Falls, South Dakota. His co-conspirator gave him directions on where to deliver the cocaine and he expected to receive payment for delivering it. Law enforcement pulled their vehicle over and discovered approximately 28 kilograms of cocaine and a firearm in the vehicle.
This case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Mark Hodges prosecuted the case.
Santos Escamilla was immediately remanded to the custody of the U.S. Marshals Service.
Suburban Chicago Man Sentenced to 12 Years in Federal Prison for Child Pornography and Sexual Conduct with a MinorRead the Press Release
CHICAGO — A suburban Chicago man has been sentenced to 12 years in federal prison on charges of child pornography and traveling to engage in sexual conduct with a minor.
JEREMIAH HARRIS, 22, of Naperville, Ill., pleaded guilty in February to one count of receipt of child pornography and one count of traveling with the intent to engage in illicit sexual conduct. U.S. District Judge Manish S. Shah imposed the prison term Wednesday and ordered that it be followed by eight years of court-supervised release.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The investigation was conducted by the FBI Chicago Child Exploitation and Human Trafficking Task Force, which includes the Cook County Sheriff’s Office, Cook County State’s Attorney’s Office, and Chicago Police Department. The Crystal Lake, Ill., Police Department and FBI Resident Agency in Waco, Texas, provided valuable assistance. The government was represented by Assistant U.S. Attorney Kelly L. Guzman.
The child pornography conviction involved sexually explicit photographs and videos that Harris repeatedly requested from a 17-year-old boy in 2020. Harris admitted in a plea agreement that the boy sent the photos and videos of himself to Harris in exchange for $2,000. Harris also admitted in the plea agreement that he requested and received other images of child pornography from two other minor boys, and he attempted to entice one of them to engage in sexual activity.
The travel charge pertains to Harris traveling in 2019 from Dallas, Texas, to Orlando, Fla., to engage in sexually explicit conduct with a 15-year-old boy. Harris admitted in the plea agreement that he directed the boy to meet him in a public bathroom, where Harris sexually assaulted him.
If you believe you are a victim of sexual exploitation, you are encouraged to contact the National Center for Missing and Exploited Children by logging on to https://www.missingkids.org/ or calling 1-800-843-5678. The service is available 24 hours a day, seven days a week.
State Prisoners Sentenced to Federal Prison for Unemployment Insurance FraudRead the Press Release
ALBANY, NEW YORK – Reginald Thornton, age 29, and Lord Paulin, age 41, were sentenced today to federal terms of imprisonment for defrauding pandemic-related unemployment insurance programs while they were serving state prison terms at the Bare Hill Correctional Facility in Malone, New York. Additionally, Rhasha Wright, age 30, of Roosevelt, New York, pled guilty today to conspiring with Thornton and Paulin as part of the fraud scheme.
The announcement was made by United States Attorney Carla B. Freedman; Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG); Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); Ketty Larco-Ward, Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS); Anthony J. Annucci, Acting Commissioner of the New York State Department of Corrections and Community Supervision (NYSDOCCS); and Roberta Reardon, Commissioner of the New York State Department of Labor (NYSDOL).
Thornton and Paulin previously pled guilty to federal charges for their respective roles in the fraud scheme. Chief United States District Judge Glenn T. Suddaby sentenced Thornton to 51 months in federal prison and imposed a 2-year term of supervised release to the follow the term of incarceration. Chief Judge Suddaby sentenced Paulin to a 19-month prison term and imposed a 2-year term of supervised release. Thornton and Paulin will begin their federal prison terms after their respective New York State terms of incarceration end.
In her plea to conspiracy to commit mail fraud and aggravated identity theft charges, Wright admitted to submitting false unemployment insurance claims to NYSDOL in Paulin’s name and in the name of another Bare Hill prisoner. Prisoners were not eligible to receive unemployment insurance benefits.
Wright agreed to pay restitution in the amount of $11,696 to the State of New York.
Wright’s mail fraud conviction carries a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. The aggravated identity theft conviction carries a mandatory term of 2 years in prison, to be imposed consecutively to any other term of imprisonment. Wright is scheduled to be sentenced on November 3, 2022 by Chief Judge Suddaby. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by USDOL-OIG, HSI, USPIS, and the Offices of Special Investigations of NYSDOCCS and NYSDOL. The case is being prosecuted by Assistant U.S. Attorneys John T. Chisholm and Joshua R. Rosenthal.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
St. Francis Man Sentenced to 40 Years in Federal Prison for Second Degree Murder and AssaultRead the Press Release
United States Attorney Alison J. Ramsdell announced that a St. Francis, South Dakota, man convicted of Second Degree Murder and Assault With a Dangerous Weapon was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Isaiah Clarence Young, age 23, was sentenced to a total of 40 years in federal prison. He was sentenced to 40 years in federal prison, followed by five years of supervised release for Second Degree Murder. He was sentenced to 10 years in federal prison, followed by three years of supervised release for Assault With a Dangerous Weapon. The sentences will be served concurrently. Young was also ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $200.
Young was indicted by a federal grand jury on February 8, 2021. He pled guilty on March 22, 2022.
In the early morning hours of January 24, 2021, Young broke into a St. Francis, South Dakota, residence with the intent to commit larceny. He entered a bedroom and turned on a light, awakening a man and a woman who were sleeping in the bedroom. Young grabbed a hammer and assaulted the victims, repeatedly striking them in the head and face. Young then picked up a knife and stabbed both victims repeatedly. The woman suffered fatal injuries. The man was hospitalized for his injuries but survived.
This case was investigated by the FBI and the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Young was immediately remanded to the custody of the U.S. Marshals Service.
Smuggler sent to prison for transporting 26 in a locked near-freezing trailerRead the Press Release
CORPUS CHRISTI, Texas – A 39-year-old Brownsville man has been ordered to federal prison for smuggling individuals in a scheme that involved dangerous and life-threatening conditions, announced U.S. Attorney Jennifer B. Lowery.
Carlos Alberto Avila pleaded guilty Jan. 6, 2022.
Today, U.S. District Judge David S. Morales ordered Avila to serve 21 months in federal prison to be immediately followed by three years of supervised release.
At the hearing, the court heard additional evidence that the individuals were locked in the trailer for over three hours and were instructed to climb into the trailer and lay on top of ice. They likely would have been in there for four more hours. The court also learned they used a cell phone for light and crawled to the trailer door for warmth.
In handing down the sentence, the court noted Avila personally put a lock on the trailer, trapping the 26 individuals. Judge Morales noted they were stuck in near freezing and life threatening conditions.
On Oct. 26, 2021, Avila drove a 2019 Kenworth tractor-trailer into the Border Patrol (BP) checkpoint located near Falfurrias. Following a K-9 alert, the vehicle was referred to secondary inspection where authorities discovered 26 individuals in the locked trailer. Each were determined to be unlawfully present in the United States.
The undocumented aliens were located on top of ice and pallets of frozen broccoli. They reported they were afraid they would freeze to death due to being in the trailer for an extended period of time. The control temperature for the refrigeration unit was set at 33 degrees.
Avila will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Customs and Border Protection conducted the investigation. Assistant U.S. Attorney J. Parker Gochenour prosecuted the case.
Six People Charged with Fraudulently Obtaining Loans Meant to Help Small Businesses During COVID-19 PandemicRead the Press Release
NEWARK, N.J. – Six Essex County, New Jersey, residents were arrested today for scheming to fraudulently obtain Paycheck Protection Program (PPP) loans, U.S. Attorney Philip R. Sellinger announced.
Nyan Terry, aka “Racks,” 23, of Irvington; Samir Jefferson, aka “Tank Jeffe,” 23, of Newark; and Nasir Williams, aka “Harlem Pete,” 29, Hymeen Reynolds, aka “Meen,” 21, Brian Brown, aka “Bizz,” 40, and Cadece Lapread, 35, all of East Orange, are each charged by complaint with one count of bank fraud. Terry, Reynolds, Brown, Lapread, and Jefferson are also charged with one count each of bank fraud conspiracy. The defendants made their initial appearances today before U.S. Magistrate Judge Jessica S. Allen.
According to documents filed in this case and statements made in court:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020 and was designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of hundreds of billions of dollars in forgivable loans to small businesses for job retention and certain other expenses, through the PPP.
To obtain a PPP loan, a qualifying small business was required to apply and provide information on its operations, including the number of employees and expenses. In addition, businesses generally had to provide supporting documentation.
In April and May 2021, Terry, Jefferson, Williams, Reynolds, Brown, and Lapread schemed to defraud PPP lenders by submitting fraudulent PPP loan applications in the names of nonexistent small businesses, along with forged tax forms. Based on the defendants’ misrepresentations, lenders approved at least three fraudulent PPP loans and disbursed more than $62,000 in federal COVID-19 emergency relief funds.
The counts of bank fraud and bank fraud conspiracy each carry a maximum penalty of 30 years in prison and a maximum fine of $1 million.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Jesse Levine in Newark; special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark; and special agents of IRS-Criminal Investigation, under the direction of Acting Special Agent in Charge Tammy Tomlins, with the investigation leading to the charges. He also thanked the Bloomfield Police Department, the Essex County Sheriff’s Office, the Essex County Prosecutor’s Office, and the Newark Department of Public Safety for their assistance in the investigation.
The government is represented by Special Assistant U.S. Attorney Timothy Shaughnessy and Assistant U.S. Attorney Sarah A. Sulkowski of the U.S. Attorney’s Organized Crime/Gangs Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Sioux Falls Man Sentenced for Escape from CustodyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Escape was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Marlow Poor Thunder, age 27, was sentenced to 20 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Poor Thunder was indicted by a federal grand jury on May 10, 2022. He pled guilty on May 26, 2022.
The conviction stemmed from an incident that occurred on March 29, 2022, in Winner, when Poor Thunder failed to report to the Winner City Jail following a furlough to attend a medical appointment, as ordered by U.S. Magistrate Judge Mark A. Moreno. An arrest warrant was issued on March 31, 2022. On April 7, 2022, Poor Thunder was arrested in Sioux Falls.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Carl Thunem prosecuted the case.
Poor Thunder was immediately remanded to the custody of the U.S. Marshals Service.
San Diego Resident Pleads Guilty to Distributing Fentanyl that Resulted in 15-Year-Old’s DeathRead the Press Release
SAN DIEGO - Kaylar Junior Tawan Beltranlap of San Diego pleaded guilty today to distributing a counterfeit oxycodone pill laced with fentanyl that killed a 15-year-old Coronado High School sophomore, referred to in court records as C.J.S., on May 12, 2021.
During the change of plea hearing, Beltranlap admitted to utilizing his Instagram account to coordinating a drug transaction with C.J.S. Beltranlap warned C.J.S. to only take half the pill because it was “strong.” Law enforcement responded on May 13, 2021 after learning of C.J.S.’s fatal overdose. Beltranlap was arrested the next day carrying five pills, which also turned out to be counterfeit oxycodone pills laced with fentanyl. In the plea agreement, Beltranlap and the Government stipulated that the Sentencing Guidelines for distribution of a controlled substance resulting in death and/or serious bodily injury will apply.
“C.J.S.’s tragic death must not be in vain. We need to continue to educate our middle and high school age children about the dangers of counterfeit fentanyl pills,” said U.S. Attorney Randy Grossman. “Our office will continue to pursue these cases to ensure that those who peddle this poison to youth face the full measure of federal prosecution.”
“C.J.S. was child and a member of our community. We know this will not make the family whole but we appreciate the multi-agency collaboration that went into holding this offender accountable.” said Coronado Police Chief Chuck Kaye.
“Parents: I’m pleading with you to please talk to your child – no matter their age - about the dangers of taking a pill that didn’t come from a doctor or pharmacist. Although difficult, this conversation could save your child’s life.” said DEA Special Agent in Charge Shelly S. Howe.
Beltranlap is scheduled to be sentenced on September 30, 2022, at 9:00 a.m. before U.S. District Court Judge Cathy Ann Bencivengo.
This case is the result of ongoing efforts by the U.S. Attorney’s Office, Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the San Diego Police Department, the California Department of Health Care Services and the San Diego County District Attorney’s Office to investigate and prosecute the distribution of dangerous illegal drugs—fentanyl in particular—that result in overdose deaths. The DEA created the DEA Overdose Response Team which investigates overdose deaths in San Diego County. Investigators from the Overdose Response Team, as well as the Coronado Police Department and NTF Team 3, contributed to the investigation into C.J.S.’s death.
DEFENDANT Case Number 21-CR-3442 CAB
Kaylar Junior Tawan Beltranlap Age: 21 San Diego, CASUMMARY OF CHARGES
Distribute of Fentanyl – Title 21, United States Code, Sections 841(a)
Maximum penalty: 20 years in prisonAGENCY
Drug Enforcement Administration
Homeland Security Investigations
Federal Bureau of Investigation
Coronado Police Department
San Diego Police Department
California Department of Health Care Services
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.Sacaton Man Sentenced to over 7 Years for Helping Dispose of BodyRead the Press Release
PHOENIX, Ariz. –Jordan Gene Hoover, 35, of Sacaton, Arizona, an enrolled member of the Gila River Indian Community, was sentenced on Wednesday by United States District Judge Susan M. Brnovich to 7.5 years in prison, followed by three years of supervised release.
According to court documents, on August 23, 2017, Gabriel Quinn Enos shot the victim in the face with a shotgun, killing him. After Enos shot the victim, Hoover helped dispose of the victim’s body by throwing the body over a bridge and hiding the victim’s body within the terrain below. Enos was previously sentenced to 15 years for Voluntary Manslaughter. Hoover pleaded guilty to Accessory After the Fact on February 11, 2021.
The FBI and Gila River Police Department conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-00834-01-PHX-SMB
RELEASE NUMBER: 2022-109_Hoover# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Rosebud Man Sentenced for Assaulting a Federal OfficerRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rosebud, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Todd Kal Wilcox, age 42, was sentenced to 25 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Wilcox was indicted by a federal grand jury on October 13, 2021. He pled guilty on April 14, 2022.
The conviction stemmed from an incident that occurred on July 15, 2021, in Todd County, South Dakota. On that date, a Rosebud Sioux Tribe Law Enforcement Services officer responded to a call for service to remove Wilcox from a residence for being under the influence and disorderly. The responding officer asked Wilcox to leave the residence, and the officer removed a vodka bottle from Wilcox’s person while escorting him outside. Wilcox thereafter became combative and threatened and assaulted the officer with a metal bar.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler prosecuted the case.
Wilcox was ordered to self-report to the custody of the U.S. Marshals Service no later than Friday, July 8, 2022, by 2:00 p.m.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of a FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on June 30, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Jackson Bissonette, age 31, was sentenced to 24 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Bissonette was indicted by a federal grand jury on August 20, 2020, and pleaded guilty on March 23, 2022. The conviction stems from Bissonette, a previously convicted felon who is prohibited from possessing firearms, illegally possessing a TriStar Arms, Hunter EX.12 gauge over-under double-barrel shotgun, which was found after Bissonette came into contact with law enforcement in January 2020 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Black Hills Fugitive Task Force. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Bissonette was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Charged with Illegal Possession of Drugs and FirearmsRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person, Conspiracy to Distribute a Controlled Substance, and Use of a Firearm During and in Relation to a Drug Trafficking Crime.
Harold Salway Jr., age 22, was indicted on June 23, 2022. He appeared before U.S. Magistrate Judge Veronica Duffy on June 29, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of five years and up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges stem from Salway, unlawfully using and conspiring to distribute a controlled substance, possessing two 9mm semi-automatic pistols and a .22-250 bolt-action rifle between January 2021 and June 2022 in Rapid City. The charges are merely an accusation and Salway is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Salway was detained pending trial. A trial date has not been set.
Pine Ridge Man Sentenced to 10 Years in Federal Prison for Meth Trafficking ConspiracyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 1, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Thomas Prado, age 57, was sentenced to 10 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Prado was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 19, 2021. He pleaded guilty to the indictment on March 25, 2022. Prado was responsible for bringing between 1.5 and 5 kilograms of methamphetamine to South Dakota during his involvement in the conspiracy. He obtained methamphetamine in California and shipped it to South Dakota via the U.S. Postal Service to post office boxes in Pine Ridge and Rushville, Nebraska. On several occasions he also transported methamphetamine himself from California. In South Dakota he dispersed the methamphetamine to others for use and distribution primarily in the Pine Ridge area.
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the FBI, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Prado was immediately remanded to the custody of the U.S. Marshals Service.
Phillip A. Talbert Confirmed as United States Attorney for the Eastern District of CaliforniaRead the Press Release
SACRAMENTO, Calif. —Phillip A. Talbert was sworn in today as the United States Attorney for the Eastern District of California. Mr. Talbert was nominated by President Joseph R. Biden on April 25, 2022, and confirmed by the United States Senate on June 23, 2022.
The Eastern District of California is the largest federal district geographically in California and home to over 8 million residents living in 34 counties. The U.S. Attorney’s Office has over 180 personnel with its headquarters in Sacramento and offices in Fresno and Bakersfield.
“I am deeply honored to have been selected to lead the U.S. Attorney’s Office where I have served as a career prosecutor the majority of my legal career. I am humbled to have the support and confidence of President Biden and my two home state Senators, Dianne Feinstein and Alex Padilla. I pledge to serve the Eastern District of California by seeking justice in all of our criminal and civil matters. I am honored to lead the committed public servants in this outstanding office. I look forward to working with them and our federal, state, and local law enforcement partners to keep our communities safe and to represent the United States with the highest quality legal representation,” said Mr. Talbert.
On March 1, 2021, Mr. Talbert assumed leadership of the office as Acting U.S. Attorney. Mr. Talbert has served as an Assistant U.S. Attorney in this district for 19 years, first in the Narcotics and Violent Crime Unit in Sacramento where he prosecuted drug trafficking cases, then as the Chief of Appeals and Training in which he supervised the office’s appellate practice and trained incoming Criminal Division Assistant U.S. Attorneys, and then as the First Assistant U.S. Attorney under U.S. Attorneys appointed in two different administrations. He led the office for almost two years as the Acting and Interim U.S. Attorney in 2016-2017. Mr. Talbert also taught professional responsibility for four years as an adjunct professor at the U.C. Davis School of Law.
Prior to joining the U.S. Attorney’s Office, Mr. Talbert worked as a Trial Attorney in the Criminal Division of the U.S. Department of Justice in Washington, D.C., where he prosecuted a variety of federal criminal cases after being hired in the Attorney General’s Honors Program; as an Associate at the law firm of Stoel Rives LLP in Seattle, Washington, in the firm’s Litigation Department and White Collar Defense Practice Group; and as an Assistant Counsel and Associate Counsel at the Office of Professional Responsibility of the U.S. Department of Justice where he investigated claims of prosecutorial misconduct and other allegations made against Department of Justice attorneys. He also served as a law clerk to the Honorable David R. Thompson (deceased), Circuit Judge, United States Court of Appeals for the Ninth Circuit.
Mr. Talbert received his Bachelor of Arts, magna cum laude in Economics, from Harvard University; his Master of Economics from the University of Sydney, Australia, which he attended on a Rotary Foundation Scholarship; and his Juris Doctor from the UCLA School of Law where he was the Chief Articles Editor for the UCLA Law Review.
Oronogo Man Pleads Guilty to Kidnapping Webb City WomanRead the Press Release
SPRINGFIELD, Mo. – A southwest Missouri man pleaded guilty in federal court today to kidnapping a Webb City, Mo., woman and threatening to kill her and her family unless she recanted her testimony in his state criminal case.
Jeffrey Marsh, 34, of Oronogo, Mo., pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of conspiracy to commit kidnapping, one count of kidnapping, one count of being a felon in possession of a firearm, and one count of stalking.
Co-defendant Zaqouri Traves Archer, 33, of Joplin, pleaded guilty on July 21, 2021, to his role in the kidnapping conspiracy and to one count of being a felon in possession of a firearm.
Marsh and Archer admitted they kidnapped a victim identified in court documents as “N.J.” and transported her across states lines from Kansas to Missouri.
N.J. was staying at a friend’s residence in Crawford County, Kan., because she was trying to hide from Marsh, her ex-boyfriend. Marsh was angry with her because she had reported him as a suspect when her Ruger handgun was stolen. Officers with the Oronogo Police Department had executed a search warrant on Marsh’s residence on Jan. 26, 2020. They located N.J.’s stolen firearm in Marsh’s bedroom, as well as other firearms, and stolen property. Marsh was charged with receiving stolen property and unlawful possession of a firearm in the Jasper County Circuit Court.
On Feb. 2, 2020, N.J. watched the Super Bowl at her friend’s residence and then walked out to her car to go to work. When she opened the front passenger door and placed her purse on the seat, Marsh grabbed her and told her to get into the vehicle. She began screaming and fell to the ground in an attempt to get her firearm out of her purse. She felt the barrel of a firearm placed against the back of her head, and Marsh told her to stop screaming or he would shoot her in the head. In the meantime, Archer – who, like Marsh, was dressed in all black – arrived. Archer had a Taser with him. N.J. was forced into the front passenger seat, with Marsh in the driver’s seat and Archer in the back passenger seat. Archer placed duct taped over N.J.’s eyes and face.
At one point as they were driving around and making several stops, Marsh shoved the barrel of his Kimber .45-caliber pistol in N.J.’s mouth and pulled the trigger. The gun made a click, but did not fire. After the click, Marsh chambered a round and shot it outside the vehicle towards a body of water. During the kidnapping, Marsh struck N.J. in her left jaw and told her she was going to recant her statements to the police.
Archer eventually left, and Marsh took N.J. to her apartment in Webb City in his vehicle. Marsh continued to threaten, abuse, and assault N.J. Marsh held N.J. at gunpoint in her apartment and she was unable to leave that night. Marsh told N.J. to recant her earlier statement or her, her kids, and her whole family would die. Marsh told N.J. that she needed to make his weapon charges go away or her kids would die. N.J. later told investigators that she felt in fear of the death of, or serious bodily injury to herself,
In the morning hours of Feb. 3, 2020, Marsh took N.J. back to her vehicle so she could go to the Oronogo Police Department to recant her statement. Once at the Oronogo Police Department, N.J. tried to recant her statement, but then disclosed her kidnapping. Later that day, the Jasper County Sheriff’s Department located N.J.’s firearm and Marsh’s firearm taped to the bottom of a dresser with duct tape.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Marsh has two prior felony convictions for burglary, three prior felony convictions theft, and prior felony convictions for tampering with a motor vehicle, resisting an arrest, and possession of a controlled substance.
Under federal statutes, Marsh is subject to a sentence of up to life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Jasper County, Mo., Sheriff’s Department, the Crawford County, Kan., Sheriff’s Office, and the Oronogo, Mo., Police Department.
Ohio County man sentenced for child pornography chargeRead the Press Release
WHEELING, WEST VIRGINIA – Zachary Musilli, of Wheeling, West Virginia, was sentenced yesterday to 5 years probation for a child pornography charge, United States Attorney William Ihlenfeld announced.
Musilli, 26, pleaded guilty in December 2021 to one count of “Possession of Child Pornography.” Musilli admitted to having child pornography with some depicting children under the age of 12 in March 2021 in Ohio County.
Assistant U.S. Attorney Danae DeMasi-Lemon prosecuted the case on behalf of the government. The FBI, the West Virginia Child Exploitation and Human Trafficking Task Force, and the Wheeling Police Department investigated.
U.S. District Judge John Preston Bailey presided.
Office Manager for Veterinary Hospital Sentenced to 1 Year for Kickback SchemeRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Joleen Minnich, 41, Chippewa Falls, Wisconsin, was sentenced yesterday by U.S. District Judge William Conley to 12 months and one day in prison for wire fraud and filing a false tax return. Minnich pleaded guilty to these charges on April 25, 2022,
The investigation revealed that between 2014 and 2017, Minnich used her position as office manager for County Veterinary Hospital in Bloomer, Wisconsin, to embezzle approximately $224,596 from the business’ bank account by creating 204 fraudulent checks to herself. The fraudulent checks fell into three categories. First, Minnich generated non-payroll checks to herself and failed to enter the checks into the accounting software program known as QuickBooks. Second, Minnich used QuickBooks to generate flexible spending checks to herself but failed to use the majority of the funds for out-of-pocket health care costs as required. Third, Minnich used QuickBooks to generate health insurance checks to herself but failed to use the majority of the funds for health insurance costs.
In addition, as the office manager, Minnich was responsible for remitting County Veterinary Hospital’s payroll taxes to the IRS. During her plea hearing, Minnich admitted that she failed to remit the payroll taxes because she used those funds to hide her embezzlement. To conceal her conduct, Minnich created false entries in QuickBooks showing she had remitted the payroll taxes. Minnich also admitted that she failed to report the embezzled funds on her personal 2017 tax return.
At the sentencing hearing, Judge Conley stated that the severity of Minnich’s conduct and the length of the fraud were aggravating factors. Judge Conley also noted that the owner of County Veterinary Hospital was a longtime family friend of Minnich and her decision to embezzle money from the business was a “special type of betrayal.” At the conclusion of the sentencing hearing, Judge Conley ordered Minnich to pay a total of $278,445 in restitution for her embezzlement scheme and tax crime.
The charges against Minnich were a result of an investigation conducted by IRS Criminal Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Aaron Wegner.
North Carolina Tax Preparer Sentenced to PrisonRead the Press Release
A North Carolina man was sentenced today to 15 months in prison for preparing false trust tax returns on behalf of his Washington, D.C.-based and other clients.
According to court documents and statements made in court, Thy Muhammad owned and operated Seventh Millennium International, a Rocky Mount, North Carolina, tax preparation business. In 2013 and 2014, Muhammad prepared fraudulent trust tax returns for clients, falsely reporting that the clients had paid taxes in the name of purported trusts. One such false return resulted in the IRS issuing a refund check of more than $500,000, of which Muhammad took nearly $78,000 as a preparation “fee.” During these two years, Muhammad claimed a total of more than $5 million in fraudulent refunds from the IRS that his clients were not entitled to receive.
In addition to the term of imprisonment, U.S. District Judge Randolph D. Moss of the District of Columbia ordered Muhammad to serve three years of supervised release and pay $669,000 in restitution.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorneys Jeffrey McLellan and George Meggali, and former Trial Attorney Abigail Burger Chingos, of the Tax Division prosecuted the case.
New Orleans Man Sentenced to 144 Months in Prison After Pleading Guilty to Distribution of Child Sexual Abuse MaterialRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that MICHAEL PAUL PERRILLOUX, age 43, a resident of New Orleans, Louisiana, was sentenced today to 144 months imprisonment by United States District Judge Carl J. Barbier after previously pleading guilty to Count Four of a four-count indictment charging him with distribution of child sexual abuse material (CSAM), including prepubescent children, in violation of 18 U.S.C. 2252(a)(2). As part of the sentence, Judge Barbier further ordered PERRILLOUX to serve five (5) years of supervised release after his term of imprisonment, pay restitution to the victims in an amount to be determined on or before a hearing set for October 13, 2022, comply with sex offender registration requirements, and pay a mandatory $100 special assessment fee. Judge Barbier also ordered the forfeiture of several electronic items belonging to PERRILLOUX.
According to court documents, in about November 2020, Special Agents with the Federal Bureau of Investigation (“FBI”) executed a search warrant at PERRILLOUX’s New Orleans-area residence after receiving a tip that PERRILLOUX had uploaded images and videos depicting the sexual exploitation of children to an online, cloud-based file storage account. Agents seized numerous electronic devices belonging to PERRILLOUX. A subsequent review of the devices revealed that between at least 2017 and 2020, PERRILLOUX uploaded images and videos depicting the sexual exploitation of children via a computer and the internet to one or more online, cloud-based file storage accounts under his control. PERRILLOUX obtained, uploaded, and catalogued thousands of digital files (i.e., images and videos) depicting the sexual exploitation of children. Additionally, PERRILLOUX sometimes received payments in exchange for distributing depictions of his collection of CSAM by transmitting electronically a link to one of more of his online file storage accounts. Specifically, on or about September 10, 2018, PERRILLOUX received approximately $200 from Person 1 in exchange for PERRILLOUX providing Person 1 a link to an online file storage account under PERRILLOUX’s control that contained images and videos depicting CSAM.
Further, a review of PERRILLOUX’s electronic devices revealed that PERRILLOUX engaged in sexually suggestive online conversations with individuals, including minors, while pretending to be either a female or a younger male. During the conversations, PERRILLOUX requested that the minors either engage in sexually explicit conduct or take and send him sexually explicit pictures and videos. PERRILLOUX saved the sexually explicit images one minor victim sent him with the victim’s consent.
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 United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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 www.projectsafechildhood.gov.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg was in charge of the prosecution.
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Mount Oliver Felon Sentenced to 8 Years in Prison for Drug and Gun OffensesRead the Press Release
PITTSBURGH, PA -- A resident of Pittsburgh has been sentenced in federal court to eight years’ imprisonment, followed by a six-year term of supervised release on his convictions of violating federal narcotics and firearms laws, United States Attorney Cindy K. Chung announced today.
United States District Judge William S. Stickman imposed the sentence on Willie Miller, age 30, formerly of the Mount Oliver section.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force, led by the Federal Bureau of Investigation, initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and drug-trafficking activity in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, from approximately February 2019 through June 2019, the United States received authorization to intercept communications on 9 telephones, including the defendant’s phone. Intercepted communications revealed that the defendant was supplied by co-defendant Martel Yates and that he distributed brick and bundle quantities to co-defendant Brian Salaj.
Additionally, on June 20, 2019, law enforcement executed a federal search warrant at the defendant’s residence. In a bedroom identified as the defendant’s, law enforcement recovered packaged heroin and fentanyl, 27 mobile phones, an ink stamper, an owe sheet, and $16,076.00. In a hidden floorboard of that same bedroom, law enforcement recovered a Colt .380 caliber firearm. The defendant is prohibited under federal law from possessing firearms and ammunition due to prior felony convictions.
Prior to imposing sentence, Judge Stickman stated, “Heroin has destroyed countless lives and snuffed out countless futures.”
Assistant United States Attorney Brendan J. McKenna and Carolyn J. Bloch prosecuted this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
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.
Montgomery County Felon Sentenced to Nearly a Decade in Prison for 2021 Armed Robbery of City Line Avenue PharmacyRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Patrick Harrison, 39, of Pottstown, PA, was sentenced to nine years in prison and five years of supervised release by United States District Court Judge Chad F. Kenney for a gunpoint robbery of a Rite-Aid pharmacy in Philadelphia that occurred on November 18, 2021.
On March 23, 2022, the defendant pleaded guilty to an Indictment charging him with Hobbs Act robbery; carrying, using, and brandishing a firearm during the commission of a violent crime; and possession of a firearm by a felon. In pleading guilty, Harrison acknowledged that he brandished a firearm and demanded money from store employees. The defendant then fled the store after stealing approximately $600. The defendant also admitted to illegally possessing a firearm, in this case a loaded Smith and Wesson 9mm pistol, which he was not permitted to do as a previously convicted felon.
“Mr. Harrison threatened the lives of employees in this pharmacy with a loaded weapon and stole $600, and for that crime he will now spend nearly a decade in prison,” said U.S. Attorney Romero. “Repeat offenders who commit reckless violent crimes like this defendant will soon face serious federal charges and years in prison.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Robert E. Eckert.
Money Transfer Company Ping Pleads Guilty to Failure to Combat Money LaunderingRead the Press Release
A Texas company that transferred millions of dollars from the U.S. to Africa has admitted that it failed to adequately guard against money laundering, U.S. Attorney for the Northern District of Texas Chad E. Meacham announced today.
Ping Express U.S. LLC pleaded guilty Wednesday to failure to maintain an effective anti- money laundering program.
“Through our special agents and forensic accountants, we work endlessly to eradicate crimes involving money laundering and bulk cash smuggling,” said Christopher Miller, Acting Special Agent in Charge of Homeland Security Investigations Dallas. “Our investigative reach provides access to a wide range of financial networks allowing HSI to disrupt any criminal organization attempting to exploit global trade.”
According to court documents, the company – which was licensed to transmit money but was not licensed to conduct currency exchange – charged U.S. customers a fee to remit money to beneficiaries in Nigeria and other African nations.
By law, Ping was required to report any suspicious transactions to regulators. In plea papers, it admitted that it failed to file a single report over a three-year period, despite a significant amount of suspicious customer activity.
The company outlined its anti-money laundering policy in a memo to state regulators, claiming it would cap first-time customer transactions at $499, cap daily transactions at $3,000, and cap monthly transactions at $4,500. However, in plea papers, the company admitted it allowed more than 1,500 customers to violate these rules. In one instance, Ping allowed a customer to remit more than $80,000 in a single month – more than 17 times the purported limit.
Ping also admitted that it conducted money transmission business in states in which it was not licensed to do so, including Nevada, New Jersey, Utah, West Virginia, and Connecticut. The company claimed to have software that could detect and deter transmissions initiated in “unlicensed” states, but in reality, it admitted, the program didn’t function. In its summaries to state regulators, Ping chose to include a column labeled “IP Location,” but only recorded states in which Ping was properly licensed: Texas, Maryland, Georgia, Washington, and Washington, DC.
In less than three years, the company transmitted more than $167 million overseas, including $160 million transmitted to Nigeria. The company admitted it failed to seek sufficient details about the sources or purposes of the funds involved in the transactions, or the customers initiating the transmissions.
Three individuals – including two of Ping’s top customers – previously pleaded guilty to transmitting illegally-derived funds through Ping.
One, Collins Orogun, admitted last week that he accepted a fee in exchange for transferring money for “romance scam” fraudsters and other criminals. In one instance, an Indiana woman sent $15,00 to “Carson Jacks,” a purported oil roughneck in the Gulf of Mexico she fell in love with online, after he told her he’d contracted malaria. In another, a second Indiana woman sent $6,300 to “Thomas Ken,” a purported Irish ship captain she fell in love with online, to fix his ship.
In two years, Mr. Orogun received more than $1.3 million in cash, cashier’s checks, and wires into several U.S. bank accounts he controlled, and then quickly moved more than $1 million of the funds to Africa through Ping. He faces up to 20 years in federal prison and is set to be sentenced on Jan. 23, 2023.
Ping CEO Anslem Oshionebo and Ping COO Opeyemi Odeyale also pleaded guilty to failure to maintain an effective anti-money laundering program. Ping’s IT/ Business Development Manager, Aleoghena Okhumale, pleaded guilty to knowingly transmitting illegally-derived funds. The CEO and COO were recently each sentenced to 27 months in federal prison, while the IT/Business Development Manager received a prison sentence of 42 months.
The company itself now faces five years of probation and a fine of up to $500,000. Sentencing has been set for Dec. 19, 2022.
Homeland Security Investigation’s Dallas Field Office conducted the investigation, assisted by the Texas Department of Banking. Assistant U.S. Attorney John de la Garza is prosecuting the case.