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16 August 2022
Brothers from Mexico charged with transporting aliens resulting in deathRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced that Jorge Garcia-Rascon, 21, and Julio Garcia-Rascon, 19, both of Mexico, have been charged by criminal complaint with conspiracy to smuggle illegal aliens resulting in death. Jorge Garcia-Rascon made an initial appearance on July 29 and will remain in custody pending arraignment, which has not been scheduled. Julio Garcia-Rascon made an initial appearance on Aug. 12 and will remain in custody pending trial.
According to the complaint, on July 27, Border Patrol agents attempted to make a traffic stop on an SUV traveling on New Mexico Highway 9 in Santa Teresa, New Mexico. The SUV failed to yield and continued at a high rate of speed. As the agents ceased their pursuit and turned off their emergency lights and sirens, the SUV lost control and flipped and rolled off the road.
When law enforcement approached the vehicle, Jorge Garcia-Rascon and Julio Garcia-Rascon allegedly attempted to flee on foot but were apprehended. Law enforcement on the scene established that there were 13 occupants in the vehicle, all of whom were undocumented non-citizens. Two of the people in the vehicle died during the rollover. All of the other occupants except Jorge and Julio Garcia-Rascon were transported to University Medical Center in El Paso, Texas, for treatment.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Jorge and Julio Garcia-Rascon face up to life in prison or death.
Homeland Security Investigations (HSI) investigated this case with assistance from U.S. Border Patrol. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.
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Big Cabin Man Sentenced to 235 Months in Prison for Sexually Abusing and Strangling a Former Dating PartnerRead the Press Release
*This press release has been updated to reflect new sentencing following a successful appeal.
A Big Cabin man was sentenced Tuesday for sexually assaulting and strangling a former dating partner, announced U.S. Attorney Clint Johnson.
U.S. District Judge Gina M. Groh sentenced Christopher Michael Guinn, 23, to 235 months in federal prison followed by five years of supervised release. Upon release, Guinn will also be required to register as a sex offender.
In January, a jury convicted Guinn for aggravated sexual abuse by force and threat in Indian Country and for assault of an intimate/dating partner by strangling and attempting to strangle in Indian Country.
“Christopher Guinn’s acts of violence against women are reprehensible. In this case, he strangled and sexually assaulted the victim then threatened her and her children if she did not comply with his demands,” said U.S. Attorney Clint Johnson. “A team of law enforcement agencies and Assistant U.S. Attorneys Jessica Wright and Gina Gilmore have put a stop to Guinn’s abusive conduct. This 20-year sentence should serve as a warning that my office will prosecute and hold accountable those who terrorize their intimate partners.”
At trial, the United States alleged that in the early morning hours of March 17, 2019, Guinn sexually assaulted and strangled a former dating partner. During the assault, Guinn held the victim down and grabbed her around the neck. Guinn applied varying degrees of pressure to the victim’s neck and at several points, left the victim gasping for air. The victim testified that Guinn threatened her by saying that if she and her children did not move back in with him, he would find them. He also told her that if she reported the sexual assault, he would come to her mother’s house while the victim was sleeping and rape the victim again. She also believed that Guinn had a gun under the mattress.
After Guinn fell asleep, the victim fled and contacted law enforcement. Deputies with the Mayes County Sheriff’s Office responded and met the victim at the hospital. They documented the victim’s injuries and interviewed her. The Tulsa Police Department conducted a SANE exam.
The United States further showed Guinn had a history of exerting control over women and sexually assaulting them. Two additional women who previously dated Guinn testified about similar assaults they endured by the defendant. They also testified that Guinn physically abused them and isolated them from friends and family. Both had protective orders against the defendant.
In closing arguments, Assistant U.S. Attorney Gina Gilmore said both the victim and defendant revealed who they were by their actions. She reminded the jury the victim reported the crime, filed for a protective order, and consistently and repeatedly shared details to both state and federal authorities. Gilmore said the defendant also revealed who he was by his history with women. She said the evidence showed Guinn was controlling, isolating, and took what he wanted despite being told “no.”
The FBI’s Oklahoma City Field Office, Mayes County Sheriff’s Office, Tulsa Police Department and Oklahoma State Bureau of Investigation conducted the investigation. Assistant U.S. Attorneys Jessica L. Wright and Gina S. Gilmore prosecuted the case.
Anamosa Man Sentenced to 33 Months in Federal Prison for Being a Prohibited Person in Possession of FirearmsRead the Press Release
A prohibited person who possessed firearms and ammunition was sentenced today to 33 months in federal prison.
Douglas Hurt, age 42, of Anamosa, Iowa, received the sentence after a February 3, 2022, jury verdict finding him guilty of possessing two firearms and ammunition after having been convicted of one felony and three misdemeanor crimes of domestic violence. The evidence at trial showed that, in June 2020, in the cabin where he lived, Hurt possessed a Chinese Type 56 7.62 x 39 mm caliber rifle, a Remington 870 Express Magnum 12-gauge shotgun, and ammunition.
Hurt was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Hurt was sentenced to 33 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by Jones County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 21-59.
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15 August 2022
Youngstown Man Sentenced to 30 Years in Prison for Sexual Exploitation of Minors and Distribution and Possession of Child PornographyRead the Press Release
CLEVELAND - Matthew Lucarell, 42, of Youngstown, Ohio, was sentenced today by U.S. District Judge Pamela A. Barker to 30 years in prison after Lucarell pleaded guilty to four counts of sexual exploitation of children, one count of possession of child pornography and one count of receipt and distribution of minors engaged in sexually explicit conduct.
According to court documents, from September 2019 to March 2021, Lucarell coerced four separate minor victims into engaging in sexually explicit conduct in order to produce visual depictions of the interactions. In addition, from May 2018 to February 2021, Lucarell knowingly received and distributed various files of child pornography.
On April 1, 2021, Lucarell was found to be in possession of a cell phone and two Micro SD Cards, which contained numerous files of child pornography, including at least one image involving a minor under the age of 12.
This case was investigated by Homeland Security Investigations (HSI) and the Mahoning Valley Human Trafficking Task Force. This case was prosecuted by Assistant U.S. Attorney Margaret A. Kane.
Wolfeboro Man Sentenced to 60 Months for Possessing with Intent to Distribute 50 Grams of FentanylRead the Press Release
CONCORD – David Carlton Hall, 39, of Wolfeboro, New Hampshire, was sentenced today to 60 months in federal prison for possession of fentanyl with intent to distribute, United States Attorney Jane E. Young announced.
According to court documents and statements made in court, on June 19, 2021, a Portsmouth New Hampshire police officer attempted to stop Hall’s vehicle for making an illegal U-turn and failing to signal. Hall initially pulled over, but when the officer stepped out of his cruiser, Hall took off at high speed. Hall stopped at the gate to Pease Air National Guard Base, unlawfully entered the base on foot, and fled into the woods.
Inside the abandoned vehicle, officers found a bag containing 50 grams of fentanyl, which Hall admitted was intended for distribution. Hall was eventually apprehended by Deputy U.S. Marshals in San Diego, California.
Hall previously pleaded guilty on April 12, 2022.
“Fentanyl is causing deaths in record numbers and DEA’s top priority is to aggressively pursue anyone who distributes this poison,” said DEA Special Agent in Charge Brian D. Boyle. “Today’s sentence not only holds Mr. Hall accountable for his crimes but serves as a warning to those traffickers who are fueling the opioid epidemic.”
This matter was investigated by the U.S. Drug Enforcement Administration and the Portsmouth, New Hampshire Police Department, with assistance from the United States Marshals Service. The case was prosecuted by Assistant U.S. Attorneys Jarad Hodes and Anna Krasinski.
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Washington, D.C. man admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Daquan E’mon Hunt, of Washington, D.C., was sentenced today to 8 months of incarceration for a firearms charge, United States Attorney William Ihlenfeld announced.
Hunt, 25, pleaded guilty in March 2022 to one count of “Aiding and Abetting False Statement During Purchase of Firearm.” Hunt admitted to making false statements to illegally purchase firearms in July 2021 in Berkeley County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and West Virginia State Police investigated.
U.S. District Judge Gina M. Groh presided.
Violent Bloods Gang Drug Dealer and Weapons Trafficker Sentenced to 50 Years in Federal PrisonRead the Press Release
RALEIGH, N.C. – Jimmy McKoy Rouse, 26, of Sampson County, was sentenced last week to 50 years in federal prison for running an armed drug trafficking operation from multiple locations throughout Sampson County. Rouse was convicted on January 7, 2022 of nine felony drug trafficking and firearms related charges.
“This defendant’s fervent commitment to using extreme violence to protect an extensive drug trafficking network endangered many communities in Eastern North Carolina,” said U.S. Attorney Michael Easley. “Local and federal investigative agencies worked collaboratively and patiently to build a case that the jury found compelling and ultimately led to Rouse’s conviction and a fifty-year prison sentence.”
At sentencing, Judge James C. Dever, III noted Rouse’s persistent commitment to a life of serious crime, making the observation that whenever Rouse was shown leniency in the form of a reduced sentence or dismissed charge in the past, such favor served only to embolden Rouse, rather than an impetus to live within the law. In delivering the half-century sentence, the Judge noted the dire need to protect the public from Rouse’s serious crimes.
“ATF and our law enforcement partners continue to seek out those that pose the biggest threat to our communities,” said ATF Special Agent in Charge Bennie Mims. “This joint effort puts an end to a long and violent criminal career.”
“The reign of terror by Jimmy Rouse has come to an end with a 50-year prison sentence,” said Sheriff Jimmy Thornton. “I cannot thank the ATF and the US Attorney’s Office enough for working hand-in-hand with my Special Investigations Division on the arrest and conviction of this violent criminal. These agents and prosecutors put in an untold number of hours conducting surveillance, controlled buys of illegal drugs, interviews, and case preparation to ensure a solid conviction.”
Evidence from an investigation commencing in 2016 and presented in court established that Rouse was a large-scale drug dealer who trafficked kilogram quantities of methamphetamine, along with significant quantities of heroin, assorted pills, cocaine and cocaine base (crack). Rouse’s methamphetamine operation took off after connecting with suppliers who received hundreds of kilograms of crystal methamphetamine. The court held Rouse accountable more than nine kilograms of methamphetamine, noting that was a conservative estimate.
Gun seizures related to the case include and AK-47, extended magazines and accompanying rounds of ammunition.
At the January trial, Rouse was convicted of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine, and a quantity of heroin, three counts of distributing methamphetamine, three counts of possessing a firearm in furtherance of a drug trafficking crime, one count of distributing heroin, and one count of possessing a firearm after receiving a felony conviction.
So far, 12 additional co-conspirators have also been federally prosecuted in cases related to the Rouse investigation. Collectively, these criminals will spend 150 years in prison.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina, made the announcement after sentencing by U.S. District Court Judge James C. Dever III. The Sampson County Sherriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated the case, and the Drug Enforcement Administration assisted at trial. Assistant U.S. Attorney Brad Knott prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for case number 7:19-CR-00194-D-1.
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Universal Helicopters Inc. and Dodge City Community College Agree to Pay $7.5 Million to Settle False Claims Act Allegations Related to Post-9/11 GI Bill FundingRead the Press Release
Universal Helicopters Inc. (UHI), a private helicopter flight instructor training company, and Dodge City Community College (DC3), which operates campuses in Dodge City, Kansas, and Chandler, Arizona, have agreed to pay $7.5 million to resolve allegations that they violated the False Claims Act by making false statements to the U.S. Department of Veterans Affairs (VA) in connection with the helicopter flight instructor training program jointly run by UHI and DC3.
The VA provided financial assistance as part of the Post-9/11 GI Bill to veterans taking classes at the UHI-DC3 helicopter flight instructor program. The United States alleged that from 2013 to 2018, UHI and DC3 made or caused to be made false statements to the VA regarding enrollment in the UHI-DC3 helicopter flight instructor program in order to obtain VA funding. UHI has agreed to pay $7 million and DC3 has agreed to pay $500,000 to settle these allegations. The settlement with DC3 is based on its ability to pay.
“The Post-9/11 GI Bill provides significant educational opportunities to our nation’s veterans,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to help safeguard the integrity of VA programs intended for the advancement and benefit of veterans.”
“One of the ways the U.S. government demonstrates gratitude to our veterans is by creating programs intended to create easier paths to accessing higher education,” said U.S. Attorney Duston Slinkard for the District of Kansas. “It’s disheartening that any institution of higher learning would submit inaccurate information in order to improperly receive funds designed to benefit those who serve our nation.”
“This case demonstrates the VA Office of Inspector General’s (OIG) commitment to aggressively pursue schools who target veterans’ education benefits,” said Special Agent in Charge Rebeccalynn Staples of the VA OIG’s Western Field Office. “The VA OIG will continue to work with its law enforcement partners to protect the integrity of VA’s education benefits program and urges anyone with knowledge of possible fraud against VA to contact the OIG’s hotline at 1-800-488-8244.”
As part of the Post-9/11 GI Bill program, the VA provides tuition and fee payments directly to qualifying schools on behalf of eligible veterans. To qualify for the program, among other things, a school is required to certify to the VA that no more than 85 percent of the students for any particular course are receiving VA benefits. This requirement, commonly referred to as the “85/15 Rule,” is intended to prevent abuse of Post-9/11 GI Bill funding by ensuring that the VA is paying fair market value tuition rates since at least 15 percent of the enrolled students would be paying the same rate with non-VA funds. To determine whether it is in compliance with the 85/15 Rule, a school compares the full-time non-VA supported students enrolled in a particular course to the full-time veteran students enrolled in that same course. A separate ratio must be computed for each course of study.
The settlements resolve allegations that from 2013 to 2018, UHI and DC3 falsely certified compliance with the 85/15 Rule when the UHI-DC3 helicopter flight instructor program included certain expensive classes that were taken almost exclusively by veterans. In addition, in its settlement with DC3, the United States alleged that to reach the required 15 percent threshold, DC3 counted part-time students enrolled in only one online class per semester as full-time students, in violation of VA rules.
The civil settlements include the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by William Rowe, a veteran and former student in the UHI-DC3 helicopter flight instructor program. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Rowe v. Dodge City Community College, et al., No. 18-cv-01113-TC-GEB (D. Kan.). Rowe will receive $1.125 million as his share of the settlements.
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 District of Kansas, with assistance from the VA OIG and the Veterans Benefits Administration, Education Service.
Trial Attorney Jonathan Thrope and Assistant U.S. Attorney Jon Fleenor for the District of Kansas prosecuted the matter.
The claims resolved by the settlements are allegations only and there has been no determination of liability.
Undocumented Mexican Citizen Sentenced to Two Years in Federal Prison for Aggravated Identity TheftRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis today sentenced Armando Amaya-Lopez (36, Vera Cruz, Mexico) to two years in federal prison for aggravated identity theft. Amaya-Lopez had pleaded guilty on April 27, 2022.
According to court documents, on August 6, 2013, Amaya-Lopez went to a tax collector’s office in Tampa and applied for and obtained a Florida identification card in the name of a person with the initials C.M. When he applied for the identification card, he claimed to be a U.S. citizen and he provided as proof of citizenship a birth certificate from Puerto Rico and a Social Security card, each in the name of C.M. The birth certificate and Social Security card set forth true identifiers for C.M., including his name, date of birth, and Social Security Number (SSN).
On September 27, 2013, Amaya-Lopez went to a tax collector’s office in Ft. Myers and applied for a driver license, again identifying himself as C.M. He passed the driving examination and was issued a driver license in the name of C.M. On July 25, 2018, he went to a tax collector’s office in Jacksonville and obtained a replacement driver license in the name of C.M.
Each time that Amaya-Lopez obtained a Florida identification card or driver license, he signed a digital application affirming under penalty of perjury that his name was C.M., that he was a citizen of the United States, and that the other identifiers that he had provided, such as his date of birth and SSN, were in fact his. When he did so, he knew that the identifiers belonged to another person and that he was not lawfully authorized to possess or use the identifiers.
On December 5, 2021, Amaya-Lopez was arrested by officers from the Jacksonville Sheriff’s Office, at which time he identified himself as C.M. and provided the driver license he had obtained in that name. However, a fingerprint check revealed his true identity and returned records reflecting that he was a Mexican citizen who was illegally present in the United States. During an interview with law enforcement, Amaya-Lopez admitted his true name and citizenship and said that he had paid $1,000 to an unknown person to obtain false U.S. citizen documents.
“Identity theft robs unsuspecting victims of their personal information and financial security,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “HSI, alongside our partners at the Jacksonville Sheriff’s Office, will diligently seek out those hiding under stolen identities and bring them to justice.”
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Arnold B. Corsmeier.
Two Ashland Men Sentenced for Drug Trafficking and Firearms ChargesRead the Press Release
ASHLAND, Ky.— Two men, Ricardo Rothwell, 42, and Aaron McWhorter, 29, both from Ashland, were respectively sentenced to 72 months and 137 months in federal prison on Monday, by U.S. District Judge David Bunning, for various methamphetamine trafficking and firearm charges.
Rothwell was sentenced after pleading guilty to possession with intent to distribute 50 grams of methamphetamine. According to his plea agreement, on July 10, 2021, Rothwell was stopped by law enforcement at a traffic stop, where they found him in possession of 96.8 grams of methamphetamine, 11.35 grams of fentanyl, .97 grams of cocaine, and 2.2 grams of marijuana.
McWhorter was sentenced after pleading guilty to being a felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking. According to his plea agreement, on July 5, 2021, law enforcement was dispatched on reports of a man passed out in a vehicle, later identified as McWhorter. Law enforcement found him in possession of a firearm. McWhorter admitted that he knew that he was previously convicted in Carter County Circuit Court for felony possession of a controlled substance and was prohibited from possessing a firearm. McWhorter was also in possession distribution quantities of narcotics.
Rothwell and McWhorter both pleaded guilty in May 2022.
Under federal law, Rothwell and McWhorter must serve 85 percent of their prison sentences. Upon their release from prison, they will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, FBI, Louisville Field Office, J. Todd Scott, Special Agent in Charge, DEA, Louisville Field Division; Chief Todd Kelley, Ashland Police Department; and Sheriff Bobby Woods, Boyd County Sheriff’s Office, jointly announced the sentences.
The investigation was conducted by the DEA, FBI, Ashland Police Department, and Boyd County Sheriff’s Office. The United States was represented by Assistant U.S. Attorney Emily Greenfield.
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Texas Man Charged with Participating in Scheme to Defraud Spokane Resident of $345,000Read the Press Release
Spokane, Washington – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced today that a federal grand jury returned an Indictment charging David Joseph Osinski, age 57, a resident of Arlington, Texas, with six counts of conspiracy, wire fraud, and money laundering in connection with his alleged role in a fraud scheme that stole more than $345,000 from an elderly Spokane resident in 2021.
The Indictment alleges that Osinski created a bank account in the Dallas, Texas area to receive fraudulently obtained funds from the victim. As alleged in the Indictment, Osinski and his co-conspirators tricked the elderly victim, a recent widower, through a romance fraud scheme in which they made the victim believe that he was in an online relationship with a woman named “Kathleen” who was an international art dealer who was attempting to finalize an art transaction in Dubai, United Arab Emirates. The Indictment alleges that, posing as “Kathleen,” Osinski and his co-conspirators convinced the victim to wire approximately $189,000 to an account in Dubai, and an additional $156,640 to the Dallas-area account owned and controlled by Osinski, whom the conspirators claimed was involved in the supposed art transaction. As alleged in the Indictment, Osinski then immediately withdrew essentially all of the money by transferring it to a separate account of his used for cryptocurrency purchases.
“Internet scams, often perpetrated outside of the state, are a recurring problem which cause significant harm and hardship to residents here in Eastern Washington,” said U.S. Attorney Vanessa R. Waldref. “Unfortunately, fraudsters and scammers frequently target elderly members of our community. This case is an important part of our efforts to seek elder justice and fight elder fraud in Eastern Washington. In order to make Eastern Washington communities safer and stronger, we will continue to work with our law enforcement partners to vigorously prosecute scammers and their conspirators.”
If convicted, Osinski faces possible maximum statutory sentences of up to 30 years on the conspiracy charges, 20 years on the wire fraud charges, and 10 years on the money laundering charges.
This case was investigated by the Federal Bureau of Investigation, Seattle Field Office, Spokane Resident Office. This case is being prosecuted by Dan Fruchter and Tyler Tornabene, Assistant United States Attorneys for the Eastern District of Washington.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Tampa Man Sentenced to Eight Years in Prison for Illegal Possession of A FirearmRead the Press Release
Tampa, Florida – U.S. District Judge Thomas Barber has sentenced Elijah Howard (22, Tampa) to eight years in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Howard to forfeit the firearm and ammunition. Howard had pleaded guilty on April 20, 2022.
According to court documents, on December 21, 2021, officers from the Tampa Police Department conducted a traffic stop on a vehicle in which Howard was a passenger. As the officers approached the vehicle, they observed Howard reaching for a firearm on the front passenger floorboard. At the time, Howard had multiple prior felony convictions and was not permitted to possess a firearm or ammunition. Officers recovered the firearm, a Glock-19 semi-automatic firearm loaded with 34 rounds of 9-mm ammunition in an extended magazine. A photograph that Howard had posted on social media earlier in December 2021 showed him brandishing the Glock pistol.
This case was investigated by the Federal Bureau of Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Daniel J. Marcet.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Sumter Woman and Georgia Man Indicted for Firearms CrimesRead the Press Release
FLORENCE, SOUTH CAROLINA — A federal grand jury returned a four-count indictment against Daeja Bryana Hodge, 25, of Sumter, and Kelsey Antonio McCallum, 29, of Gainesville, Ga., for one count of conspiracy, three counts of making false statements on firearms purchase forms, and aiding and abetting.
The indictment alleges that, from at least June of 2020, Hodge and McCallum conspired to make false statements while purchasing firearms, and engaged in unlicensed dealing of firearms. The indictment further alleges that, on two dates in January, 2021, Hodge – aided and abetted by McCallum – falsely claimed on purchase forms at two firearms dealers in Columbia that she was the true purchaser of eight firearms when she was not the true buyer.
Hodge and McCallum face a maximum penalty of 10 years imprisonment.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosive’s (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Katherine Flynn is prosecuting the case.
U.S. Attorney Adair F. Boroughs stated that all charges in the indictment are merely accusations and that defendants are presumed innocent unless and until proven guilty.
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Starkville Man Sentenced to 78 Months for PPP FraudRead the Press Release
OXFORD, MS – A Starkville man was sentenced on Friday to 78 months in prison for more than $6,000,000 in Paycheck Protection Program (PPP) fraud.
According to court documents, Christopher Paul Lick, 46, of Starkville devised a scheme to defraud, and to obtain PPP funds, by filing false and fraudulent loan applications with banks providing loans as part of the Paycheck Protection Program. Lick admitted to overstating the number of employees and payroll expenses of his purported businesses to receive PPP funds. Rather than use the PPP funds for his businesses, Lick admitted to purchasing a home valued at more than $1 million and to using the PPP funds for personal investments in the stock market. After hearing statements from Lick, his attorney and the prosecutor at a sentencing hearing on Friday, Senior U.S. District Court Judge Glen H. Davidson sentenced Lick to prison for his crimes.
“The sentence imposed in this case was well deserved. For more than two years, the defendant was living lavishly on taxpayer dollars while millions of Americans were struggling during the pandemic,” stated United States Attorney Clay Joyner. “Those, like the defendant, who chose to abuse the system at the expense of their fellow citizens are rightly punished. The U.S. Attorney’s Office is committed to pursuing those who committed PPP and EIDL loan fraud. With the President recently extending the statute of limitations for PPP fraud to 10 years, we expect to see many more defendants like Chris Lick brought to justice.”
"Mr. Christopher Lick took very proactive steps to defraud the U. S. Government and the citizens of this nation,” remarked FBI Special Agent in Charge Jermicha Fomby. “The Paycheck Protection Program and similar programs were established to mitigate the negative impact upon business owners during the unfortunate and uncertain times ignited by the pandemic. Those who erroneously apply for and receive these benefits deprive the government to truly serve those in need. The FBI is committed to continued collaboration with the U.S. Attorney’s office in bringing those who commit fraud to justice."
The FBI investigated the case. Assistant U.S. Attorneys Philip Levy and Sam Wright prosecuted the case.
St. Paul Man Indicted for Multiple Armed Robberies of University Avenue Grocery StoresRead the Press Release
MINNEAPOLIS – A St. Paul man has been indicted for three armed robberies of grocery stores located in St. Paul along University Avenue, announced U.S. Attorney Andrew M. Luger.
According to court documents, on three separate occasions between May 27 and June 5, 2022, Nicholas Antwain Dancy, 38, robbed three grocery stores located on University Avenue in St. Paul, Towfiq Grocery, Midway Grocery and Deli, and Global Food and Mid Market. During the robberies, Dancy used a firearm to threaten the employees and demand cash. Dancy is also a convicted felon and is prohibited under federal law from possessing firearms or ammunition at any time.
Dancy is charged with three counts of Hobbs Act robbery, one count of brandishing a firearm during and in relation to a crime of violence, and one count of possessing a firearm as a felon. He is scheduled to make an initial appearance in U.S. District Court on August 15, 2022, before Magistrate Judge Becky R. Thorson.
This case is the result of an investigation conducted by the FBI and the St. Paul Police Department.
Assistant U.S. Attorney Ruth S. Shnider is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Sand Springs Youth Group Leader Sentenced for Attempted Coercion and Enticement of a MinorRead the Press Release
A church youth group leader was sentenced Thursday in federal court for engaging in a sexualized relationship with a minor, announced U.S. Attorney Clint Johnson.
U.S. District Judge Karen E. Schreier sentenced Thomas Daniel Johnson, 49, of Sand Springs, to 135 months in prison followed by 10 years of supervised release. In February, a jury convicted Johnson of attempted coercion and enticement of a minor.
“This fraudulent mentor’s illicit acts were brought to light in federal court,” said U.S. Attorney Clint Johnson. “Make no mistake, Thomas Johnson’s interaction with this young man was calculated, predatory, and criminal. He will now spend more than a decade in prison to account for his conduct.”
Johnson knew the victim’s family and volunteered as a youth leader at a church both families attended. Johnson was known as a mentor to adolescent and teenage boys, so the victim’s family asked him to mentor their child.
On Aug. 15, 2020, the victim’s mother discovered numerous sexually explicit texts, memes and images sent to her child by Johnson and confronted the defendant. Then both parents contacted law enforcement and turned their child’s phone in to authorities. Further examination of the phone revealed thousands of messages exchanged between Johnson and the victim, dating back to March 2019.
During the trial, prosecutors contended that Johnson engaged in a sexualized relationship using text messaging when the minor was 11, 12 and 13 years old, thus committing the crime of attempted coercion and enticement of a minor.
The United States argued Johnson groomed the victim, first gaining the victim’s trust and friendship. Johnson regularly encouraged the victim and called the victim a stud, sexy beast, and made sexual references and jokes.
Then the sexualized relationship increasingly involved the exchange of memes and comments with references to oral sex, penises, ejaculation and more. Johnson eventually told the victim about several sexual experiences he (Johnson) had taken part in. The victim testified that at first, he felt the exchange of texts and memes were jokes, but he grew increasingly uncomfortable as the defendant began routinely making comments about the victim’s penis and physical appearance, as well as implying that he was sexually attracted to the victim.
Johnson repeatedly asked the minor to send pictures of his penis or “nudes.” The defendant further suggested in messages that he could give the victim oral sex or vice versa. A few days before the communications were discovered, Johnson sent the victim a selfie of himself with a banana in his mouth simulating oral sex and during the texting exchange, asked the victim if he “could handle it,” implicitly offering to perform oral sex on the minor victim.
The victim testified that he believed Johnson would have acted on his (Johnson’s) requests had the victim complied.
At trial, Assistant U.S. Attorney Jeffrey Gallant noted Johnson wrapped himself in “a cloak of authority” and took advantage of the victim’s trust. He stated that mentors set age-appropriate boundaries with children. Instead, Johnson, a man in his forties, repeatedly crossed those boundaries by sending a “cesspool of memes and messages” that degraded and sexualized a vulnerable boy.
The Sand Springs Police Department conducted the investigation. Assistant U.S. Attorneys Jeffrey A. Gallant and Valeria G. Luster prosecuted the case.
See trial press release here.
Phoenix Man Sentenced to 25 Years for Sexual Abuse of a ChildRead the Press Release
PHOENIX, Ariz. –Last week, Avery Ulate, 39, of Phoenix, Arizona, was sentenced by United States District Judge Michael T. Liburdi to 300 months in prison, followed by lifetime supervised release. Ulate previously pleaded guilty to one count of Abusive Sexual Contact with a Child.
Ulate admitted to authorities that in 2019 he knowingly engaged in sexual contact with a child under the age of 12. He also admitted that he had sexually abused the child for years. The crimes took place on the Navajo Nation Indian Reservation, where the child is an enrolled tribal member.
The Federal Bureau of Investigation and the Navajo Nation Department of Criminal Investigations conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-19-08250-PHX-MTL
RELEASE NUMBER: 2022-136_ULATE# # #
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.
Phoenix Felon Charged for Violent CarjackingRead the Press Release
PHOENIX, Ariz. – On Friday, Adonijah Josiah Ortega, 19, of Phoenix, Arizona, was charged via criminal complaint for Carjacking, Using, Carrying, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence, and Felon in Possession of a Firearm.
The complaint alleges that on August 8, 2022, at approximately 11:30 a.m., Ortega approached the victim while he was entering his vehicle in the parking lot of a Target Store, located at 9350 West Northern Avenue, Peoria, Arizona. After Ortega approached the victim, he pointed a semi-automatic handgun at him, and demanded the victim give him his keys and wallet.
Ortega struck the victim multiple times in the head with the handgun and fired his weapon twice, striking the victim once in the right thigh. Ortega then took the victim’s keys and fled the scene with the victim’s vehicle. After Ortega fled, the victim limped toward the store where citizens rendered aid until paramedics arrived. The victim was transported to a local hospital with a gunshot wound and multiple lacerations to his head.
A conviction for Carjacking carries a maximum penalty of 25 years’ imprisonment. A conviction for Discharging a Firearm During and in Relation to a Crime of Violence carries a minimum penalty of 10 years’ imprisonment and a maximum penalty of life imprisonment. A conviction for Felon in Possession of a Firearm carries a maximum penalty of 10 years’ imprisonment.
A criminal complaint is merely an allegation of criminal conduct, not evidence. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
The Federal Bureau of Investigation, the Peoria Police Department, and the Phoenix Police Department are conducting the investigation in this case. The United States Attorney’s Office, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR-22-5351-PHX-DMF
RELEASE NUMBER: 2022-137_ORTEGA# # #
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.
Pain Management Physician Convicted of Unlawfully Distributing OpioidsRead the Press Release
A federal jury in the Southern District of Ohio convicted an Ohio physician on Friday for unlawfully distributing opioids from his Martin’s Ferry clinic.
According to court documents and evidence presented at trial, Thomas Romano, 72, of Wheeling, West Virginia, owned and operated a self-named pain management clinic where his clients traveled hundreds of miles to obtain prescriptions for opioids and other controlled substances. For his opioid and other controlled substance prescriptions, Romano only accepted cash—$750 for an initial prescription and $120 for subsequent monthly prescriptions. The evidence offered at trial demonstrated that the prescriptions Romano issued for opioids and other controlled substances greatly exceeded recommended dosages and were in dangerous, life-threatening combinations which served to fuel the addiction of his clients. According to evidence introduced at trial, between January 2015 and June 2019, Romano prescribed over 111,000 pills, including opioids, benzodiazepines, and muscle relaxants, to nine of his clients.
Romano was convicted of 24 counts of unlawful distribution of a controlled substance, outside the usual course of professional practice, and not for a legitimate medical purpose to these nine clients. He faces a maximum penalty of 20 years in prison for each charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. A sentencing date has not yet been set.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney for the Southern District of Ohio Kenneth L. Parker; Special Agent in Charge J. William Rivers of the FBI Cincinnati Field Office; Special Agent in Charge Orville O. Greene of the DEA’s Detroit Division; and Special Agent in Charge Mario M. Pinto of the Department of Health and Human Service Office of the Inspector General (HHS-OIG) made the announcement.
The DEA, FBI, and HHS-OIG, as well as the Ohio Bureau of Worker’s Compensation and Ohio Board of Pharmacy, investigated this case.
Acting Assistant Chief Andrew B. Barras and Trial Attorney Christopher Jason of the Criminal Division’s Fraud Section are prosecuting the case.
Owasso Man Pleads Guilty to Child Pornography ChargeRead the Press Release
A man who was discovered downloading and viewing child pornography during an FBI investigation pleaded guilty in federal court, announced U.S. Attorney Clint Johnson.
Gregory Allen Kirk, 62, of Owasso pleaded guilty to one count of receipt of child pornography.
During a search of Kirk’s computer, agents located images of children engaged in sexually explicit conduct and filenames associated with child pornography. In his plea agreement, Kirk admitted that from May 5, 2018, through Jan. 31, 2020, he received, possessed, and accessed at least 600 images of child sexual abuse material on his computer.
The FBI is the investigative agency. Assistant U.S. Attorneys Cymetra M. Williams and Vani Singhal are prosecuting the case.
Oregon Man Sentenced to Federal Prison for Kidnapping Ex-GirlfriendRead the Press Release
PORTLAND, Ore.—A Oregon man was sentenced to federal prison today for kidnapping his ex-girlfriend and transporting her from her home in Ilwalco, Washington to Rainier, Oregon.
James Donald Cooley, 61, a resident of Rainier, was sentenced to 120 months in federal prison and three years’ supervised release.
According to court documents, on May 18, 2020, Cooley traveled from his home in Rainier to his ex-girlfriend’s home in Ilwalco without notice or invitation. After parking his vehicle on the side of Highway 101 near his ex-girlfriend’s home, Cooley approached the woman and a confrontation ensued. Cooley grabbed the woman’s arms, tied her hands with zip ties, and began pulling her toward the highway. Cooley drug the woman several hundred feet to his vehicle, put a knife to her throat, shoved her into the backseat, and began driving back to Rainier, threatening to kill her several times en route.
When Cooley arrived at his residence, his sister, who also lives in Rainier, spotted Cooley’s ex-girlfriend at his residence. The ex-girlfriend told Cooley’s sister that she feared Cooley was going to kill her. Cooley’s sister immediately contacted the Columbia County Sheriff’s Office to report the incident. Sheriff deputies responded and arrested Cooley.
On June 17, 2020, Cooley was charged by criminal complaint with kidnapping. On February 11, 2022, Cooley waived indictment and pleaded guilty to the single charge.
This case was investigated by the FBI with assistance from Columbia County Sheriff’s Office. It was prosecuted by Greg Nyhus, Assistant U.S. Attorney for the U.S. Attorney’s Office in the District of Oregon.
Domestic violence involving a current or former partner is a serious crime that includes both physical and emotional abuse. Sometimes these crimes are hidden from public view with survivors suffering in silence, afraid to seek help or not knowing where to turn. The traumatic effects of domestic violence also extend beyond the abused person, impacting family members and communities.
If you or someone you know are in immediate danger, please call 911.
If you need assistance or know someone who needs help, please contact the National Domestic Violence Hotline by calling 1-800-799-SAFE (7233) or texting “START” to 88788. Many communities throughout the country have also developed support networks to assist survivors in the process of recovery.
Ohio woman admits lying about St. Louis romance scamRead the Press Release
ST. LOUIS – A woman from Ohio on Monday admitted lying about a missing teen in an attempt to recover money that was intercepted on its way to romance scammers.
Linda Matson, 61, of Xenia, pleaded guilty in front of U.S. District Judge Sarah E, Pitlyk to a charge of making false statements to a federal agent.
On April 29, 2020, U.S. Postal Inspectors found $50,000 that had fallen from an Express Mail package on a conveyor belt, and later found a second $50,000 in another package. Both were addressed to a post office box being used in a romance fraud scheme.
The inspectors reached out to Matson, who acknowledged that she had been scammed into sending the money by someone claiming to be an officer in the U.S. Army, her plea says. But on May 18, 2020, she sent multiple texts to a postal inspector, falsely claiming that she needed the money back immediately to buy posters and T-shirts to help find her missing 18-year-old niece. Matson sent the postal inspector links to various news articles and Facebook stories about a missing Ohio teenager in an attempt to deceive the inspector into quickly releasing the funds to her.
Matson admitted in her plea agreement that she intended to use the money for reasons she was concealing from the postal inspector, and that she lied to the inspector and the FBI.
The post office box was being used by Bonmene Sibe, Ovuoke Frank Ofikoro and others to trick women into sending them money. Judge Pitlyk sentenced Sibe, 43, to five years and three months in prison in May and Ofikoro, 43, to four years and two months in prison in June. Both men were ordered to repay $844,070 to victims.
Last year, Glenda Seim, 81, of Kirkwood, admitted being a romance scam victim who later aided her scammers and agreed to tell her story in a public service announcement produced with the FBI.
Matson’s charge carries a penalty of up to five years in prison, a $250,000 fine, or both. Matson is scheduled to be sentenced Nov. 16.
The U.S. Postal Inspection service and the FBI investigated the case. Assistant U.S. Attorney Tracy Berry is prosecuting the case.
Ohio Man Pleads Guilty to Structuring Financial TransactionsRead the Press Release
HUNTINGTON, W.Va. – An Ohio man pleaded guilty today to structuring financial transactions to evade reporting requirements.
According to court documents and statements made in court, Gary McComas, 26, of Chesapeake, Ohio, admitted that he obtained multiple money orders in the Huntington, West Virginia area to help an individual in California evade financial reporting requirements. Federal law requires financial institutions to report certain information to the Department of the Treasury whenever a person exchanges cash for a money order in the amount of $3,000 in one transaction or a series of transactions. On June 28, 2018, McComas obtained six money orders, each for $500, from three different Huntington businesses for the purpose of evading financial reporting requirements. McComas further admitted to conducting approximately 200 money order transactions totaling $99,400 in and around Huntington for the same purpose between June 28, 2018, and January 13, 2019.
McComas is scheduled to be sentenced on November 14, 2022, and faces a maximum penalty of five years in prison, three years of supervised release, a $250,000 fine, and restitution.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Secret Service and the assistance provided by the South Charleston Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Andrew J. Tessman is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-144.
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Norfolk Man Guilty of Stealing Identities to Defraud Navy Federal Credit UnionRead the Press Release
NORFOLK, Va. – A Norfolk man pleaded guilty today to aggravated identity theft and bank fraud in connection with a fraud scheme targeting Navy Federal Credit Union.
According to court documents, Taimak Peters, 28, helped devise a scheme to defraud Navy Federal Credit Union out of hundreds of thousands of dollars. From approximately April through July 2018, Peters, along with other co-conspirators, stole the identities of various victims, including their names, social security numbers, and dates of birth. Using this information, the conspirators established accounts at Navy Federal Credit Union and applied for automobile loans in the victims’ names from information secured from internet websites such as Autotrader. The court records indicate that once these loans were approved, a conspirator would go to a Navy Federal Branch, retrieve the loan check, then take it to a different branch to cash. The conspirators then split the proceeds of the fraudulently obtained check amongst themselves. Peters admitted in Court to supplying stolen identities in this fashion on at least three such transactions. Peters specific action caused Navy Federal Credit Union to lose over $57,000, the overall conspiracy caused a loss exceeding $300,000. Peters is the fourth person to plead guilty in this scheme.
Peters is scheduled to be sentenced on January 20. He faces a mandatory minimum penalty of 2 years in prison, and a maximum penalty of 32 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Co-conspirators, Raven Dixon, 29, of Norfolk, Ryan Eugene Gregory, 38, of Norfolk, and Thomas Jules Rogers, 33 of Prince George’s County, Maryland, all previously pleaded guilty and were sentenced for their roles in the conspiracy.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Derek W. Gordon, Acting Special Agent in Charge of Homeland Security Investigations, Washington, D.C., made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea.
Assistant U.S. Attorney Joseph Kosky is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-78.
Montgomery Man Convicted of Committing Multiple Armed CarjackingsRead the Press Release
Montgomery, Alabama – On Friday, August 12, 2022, a federal jury found defendant Johnnie Leeanozg Davis, 36, from Montgomery, Alabama, guilty of committing three armed carjackings.
During the trial, the prosecution presented evidence of Davis, in 2020, stealing three vehicles for use in alleged robberies at various Montgomery businesses, then abandoning the vehicles afterwards. First, the jury heard testimony showing that on January 23, 2020, Davis approached a vehicle in Montgomery with a woman and her two grandchildren, displayed a gun he had in his waistband and told her, “Don’t move or say anything, all I want is the car.” Once Davis took the car, he proceeded to the Sunoco at the corner of Carmichael and East Trinity. Davis put a mask on, went inside the store armed with two handguns, and demanded money.
Later, on October 30, 2020, a man and his 15-year-old son were parked on the side of the street. When the father got out of the car and walked around the other side, he saw Davis pointing two guns at the 15-year-old. The father and son quickly moved from the vehicle and Davis drove away with the car. Testimony was also provided alleging that Davis robbed the Dollar General on Perry Hill Road about 25 minutes after the carjacking.
Finally, Davis approached a man sitting in a car outside a Montgomery business on November 11, 2020. Davis pointed a gun at the man and demanded he get out. Davis then took the car, and, within 10 minutes, a robbery occurred at the Fresh Market grocery store on Perry Hill Road. Less than 10 minutes after the Fresh Market robbery, witnesses testified that Davis entered a Dollar General on the Eastern Boulevard, pointed a gun at an employee, and demanded money.
The jury found Davis guilty of three counts of carjacking and three counts of brandishing a firearm in relation to a federal crime of violence, i.e., the carjackings. Following these convictions, Davis faces a mandatory minimum sentence of 21 years in prison, and a maximum sentence of life. There is no parole in the federal system.
This FBI investigated the case, with assistance from the Montgomery Police Department. Assistant United States Attorneys Kevin P. Davidson and John J. Geer, III are prosecuting the case.
Mill Valley Man Pleads Guilty to Unlicensed Firearms Manufacturing and TraffickingRead the Press Release
SAN FRANCISCO – James William Palmer pleaded guilty in federal court today to the unlicensed manufacturing and dealing of firearms, announced United States Attorney Stephanie M. Hinds and Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Patrick T. Gorman.
In a plea agreement he entered today, Palmer, 38, of Mill Valley, admitted that from May 2020 to January 2021 he engaged in the business of manufacturing and dealing in firearms. He acknowledged that he ran his business for profit and without a license, and he knew it was unlawful to do so. Palmer described that he manufactured firearms at his Mill Valley home, where he maintained an area in his garage for his firearms manufacturing and had on hand the tools, parts, and accessories necessary to do so. He also admitted he sold marijuana during this time period.
To run his firearm business, Palmer communicated with buyers and sellers of firearms via text messages in which he discussed the prices for firearms, the meeting places for transactions, and the amounts owed. In his plea agreement, he further detailed that he utilized a white board to write down customer names and numbers and the amounts owed or paid by the customers. As an example of one of his firearms sales, Palmer described a sale in October 2020 of a Glock 17 semi-automatic pistol to a customer for $780.
Palmer also described that on January 27, 2021 – the day of his arrest – he was driving his car and had ammunition in his pants pocket, a loaded Glock Model 26 .45 ACP caliber semi-automatic pistol in the car, and two loaded .45 caliber magazines in the center console. He had bought the Glock pistol for $900 at a gun show, paying a higher price to avoid paperwork and get the handgun immediately.
Palmer also admitted that on the day of his arrest he had in his garage multiple firearm receivers in various stages of handgun construction, privately made firearm (PMF, or “ghost gun”) jigs, and firearms parts and assorted ammunition, along with the tools necessary to manufacture firearms. He also had in his garage a Glock pistol frame with its serial number plate removed as well as magazines of standard and high capacity for multiple firearm calibers. Palmer admitted he also had a loaded P80 .45 caliber Glock-style semi-automatic handgun in the garage.
Palmer is next scheduled for a sentencing hearing before United States District Judge James Donato in San Francisco federal court on December 12, 2022. Palmer remains out of custody pending his sentencing hearing.
Palmer pleaded guilty to one count of unlicensed firearms manufacturing and dealing in violation of 18 U.S.C. § 922(a)(1)(A). The count carries a maximum of 5 years imprisonment and a $250,000 fine. However, any sentence following conviction that is imposed by the court will occur only after the court’s consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Ilham A. Hosseini and Alexis J. James prosecuted the case with the assistance of Maribel Gallegos. The prosecution is the result of an investigation by ATF and the Marin County Sheriff’s Office.
This case follows the U.S. Department of Justice’s launch in five key regions of Cross-Jurisdictional Firearms Trafficking Strike Forces that are focused on disrupting illegal firearms trafficking. One of the five Strike Forces was launched here in the San Francisco Greater Bay Area and Sacramento Region. The Strike Force identifies and investigates sources of illegally trafficked firearms and disrupts straw purchasing as well as firearms trafficking networks by collaborating in cross-jurisdictional efforts that include multiple federal agencies and multiple states and their local law enforcement agencies.
Middleborough Man Charged with Firearm OffenseRead the Press Release
BOSTON – A Middleborough man has been charged in connection with his alleged theft and attempted sale of three firearms from FedEx packages he was responsible for delivering.
Frank P. O’Toole, 39, was charged with one count of possession of a stolen firearm. O’Toole was arrested on Aug. 12, 2022. Following an initial appearance in federal court in Boston today before U.S. District Court Magistrate Judge Paul G. Levenson, O’Toole was detained pending a detention hearing which is scheduled for Aug. 17, 2022.
According to the charging documents, O’Toole previously worked as a FedEx delivery truck driver out of the FedEx facility. It is alleged that, between October 2021 and June 2022, O’Toole stole three packages he was responsible for delivering, each containing a firearm intended for a Federal Firearms Licensee. On Aug. 9, 2022 and Aug. 12, 2022, O’Toole allegedly sold the three firearms to an undercover agent during two separate controlled purchases.
The charge of possession of a stolen firearm provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and Middleborough Police Chief Joseph Perkins made the announcement today. Assistant U.S. Attorney Elianna J. Nuzum of Rollins’ Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Martinsburg man sentenced for firearms violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nicholas Hall, of Martinsburg, West Virginia, was sentenced today to 96 months of incarceration for a firearms charge, United States Attorney William Ihlenfeld announced.
Hall, 31, pleaded guilty in March 2022 to one count of “Unlawful Possession of a Firearm.” Hall, a person prohibited from having firearms because of a prior felony conviction, admitted to having a .40 caliber pistol and a .22 rifle in Berkeley County in January 2021.
Assistant U.S. Attorney Kimberley D. Crockett prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Berkeley County Sheriff’s Office investigated.
U.S. District Judge Gina M. Groh presided.
Man Arrested for Making Threats of Violence Against FBIRead the Press Release
PITTSBURGH – A Pennsylvania man has been arrested on charges of making threats of violence against FBI personnel.
Adam Bies, 46, of Mercer, was arrested late Friday in Mercer. He made his initial appearance in federal court today in Pittsburgh and remains in custody pending a detention hearing.
According to court documents, on or around August 11, the FBI National Threat Operations Section Social Media Exploitation team received a tip from MEMRI Domestic Terrorism Threat Monitor regarding Gab user “BlankFocus,” later identified as Bies, who allegedly posted violent threats towards the FBI and law enforcement stating: “My only goal is to kill more of them before I drop” and “If You Work For The FBI Then You Deserve To Die”.
According to court documents, on August 10, Bies allegedly wrote: “Every single piece of [expletive] who works for the FBI in any capacity, from the director down to the janitor who cleans their [expletive] toilets deserves to die. You’ve declared war on us and now it's open season on YOU.”
In another post on August 10, Bies allegedly wrote: “HEY FEDS. We the people cannot WAIT to water the trees of liberty with your blood. I’ll be waiting for you to kick down my door.”
Bies is charged with influencing, impeding or retaliating against federal law enforcement officers. If convicted, he faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.U.S. Attorney Cindy K. Chung of the Western District of Pennsylvania, and Special Agent in Charge Mike Nordwall of the FBI’s Pittsburgh Field Office made the announcement.
Assistant U.S. Attorney Jeffrey Bengel is prosecuting the case.The FBI’s Pittsburgh Field Office, North Country Violent Offender Task Force, Pennsylvania State Police and the Pennsylvania Office of Attorney General are investigating the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Man Arrested for Making Threats of Violence Against FBIRead the Press Release
A Pennsylvania man has been arrested on charges of making threats of violence against FBI personnel.
Adam Bies, 46, of Mercer, was arrested late Friday in Mercer. He made his initial appearance in federal court today in Pittsburgh and remains in custody pending a detention hearing.
According to court documents, on or around August 11, the FBI National Threat Operations Section Social Media Exploitation team received a tip from MEMRI Domestic Terrorism Threat Monitor regarding Gab user “BlankFocus,” later identified as Bies, who allegedly posted violent threats towards the FBI and law enforcement stating: “My only goal is to kill more of them before I drop” and “If You Work For The FBI Then You Deserve To Die”.
According to court documents, on August 10, Bies allegedly wrote: “Every single piece of [expletive] who works for the FBI in any capacity, from the director down to the janitor who cleans their [expletive] toilets deserves to die. You’ve declared war on us and now it's open season on YOU.”
In another post on August 10, Bies allegedly wrote: “HEY FEDS. We the people cannot WAIT to water the trees of liberty with your blood. I’ll be waiting for you to kick down my door.”
Bies is charged with influencing, impeding or retaliating against federal law enforcement officers. If convicted, he faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Cindy K. Chung of the Western District of Pennsylvania, and Special Agent in Charge Mike Nordwall of the FBI’s Pittsburgh Field Office made the announcement.
Assistant U.S. Attorney Jeffrey Bengel is prosecuting the case.
The FBI’s Pittsburgh Field Office, North Country Violent Offender Task Force, Pennsylvania State Police and the Pennsylvania Office of Attorney General are investigating the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Long Island Chiropractor Pleads Guilty to $1 Million Health Care FraudRead the Press Release
Earlier today, in federal court in Central Islip, Peter Adamczak, a licensed chiropractor operating in East Meadow, Long Island, pleaded guilty to health care fraud in connection with billing a private insurance company over $1 million for acupuncture services that were never performed. The proceeding was held before United States Magistrate Judge Arlene R. Lindsay.
Breon Peace, United States Attorney for the Eastern District of New York and Michael Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Lucy Lang, Inspector General of New York State, announced the guilty plea.
“Adamczak bilked an insurance company for acupuncture services that he never performed, brazenly lying in order to line his own pockets with money that he did not earn,” stated United States Attorney Peace. “As a health care professional, Adamczak was required to uphold the highest standards of honesty and integrity, and failed both miserably. This Office will continue to hold healthcare providers accountable for fraud and abuse.”
“False medical claims jeopardize the wellbeing of sick and injured New Yorkers and drive-up costs for all of us,” said New York State Inspector General Lucy Lang. “Thank you to our colleagues at the U.S. Attorney’s Office for the Eastern District of New York for their partnership in protecting the integrity of our healthcare system.” The IG thanked Deputy Inspector General, Long Island Office Jean Carsey, Director of Audit for the Downstate Office Giovaani Liotine, Investigative Auditor Angelus Okeke, and Investigator Mario Rubino for their work on the investigation.
According to court filings and facts presented during the plea proceeding, from 2016 to 2020, Adamczak submitted over $1 million in fraudulent claims for reimbursement to a private insurance company. Adamczak was not licensed to perform acupuncture, but claimed that the services were rendered by an unaffiliated acupuncturist who leased office space from the defendant. Neither the unaffiliated acupuncturist nor Adamczak performed the billed acupuncture services. Based on Adamczak’s fraudulent claims, the private insurance company paid approximately $994,838.16 in reimbursements to its beneficiaries who, in turn, delivered the payments to Adamczak. In one case, a beneficiary who was a relative of Adamczak deposited the reimbursement checks to their personal bank account and kept the funds.
Assistant United States Attorney John Vagelatos is in charge of the prosecution. Assistant United States Attorney Claire Kedeshian of the Office’s Asset Recovery Section is handling forfeiture matters.
The Defendant:
Peter Adamczak
Age: 65
Huntington, New YorkE.D.N.Y. Docket No. 22-CR-287 (JS)
Local man sent to prison for violently abducting ex-girlfriendRead the Press Release
HOUSTON – A 24-year-old Conroe man has been ordered to federal prison following his conviction of kidnapping of a minor victim from Northwest Houston, announced U.S. Attorney Jennifer B. Lowery.
Roaim Shams Shaikh pleaded guilty April 19.
Today, U.S. District Judge Lynn Hughes ordered Shaikh to serve 131 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional evidence that described the trauma this caused the victim.
On Jan. 24, 2021, Shaikh abducted his 17-year-old ex-girlfriend from a vehicle parked in front of a residence and transported her to Panama City, Florida.
At that time, Shaikh assaulted, threatened to kill and violently coerced her to participate in sexual intercourse. He has also made threats to shoot her with a pistol in the past.
Law enforcement soon located Shaikh and the victim at a Microtel Inn and took him into custody.
Shaikh will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Harris County Sheriff’s Office and the Panama City Police Department. Assistant U.S. Attorney Matthew Peneguy prosecuted the case.
Local man sent to prison for violently abducting ex-girlfriendRead the Press Release
HOUSTON – A 24-year-old Conroe man has been ordered to federal prison following his conviction of kidnapping of a minor victim from Northwest Houston, announced U.S. Attorney Jennifer B. Lowery.
Roaim Shams Shaikh pleaded guilty April 19.
Today, U.S. District Judge Lynn Hughes ordered Shaikh to serve 131 months in federal prison to be immediately followed by five years of supervised release. At the hearing, the court heard additional evidence that described the trauma this caused the victim.
On Jan. 24, 2021, Shaikh abducted his 17-year-old ex-girlfriend from a vehicle parked in front of a residence and transported her to Panama City, Florida.
At that time, Shaikh assaulted, threatened to kill and violently coerced her to participate in sexual intercourse. He has also made threats to shoot her with a pistol in the past.
Law enforcement soon located Shaikh and the victim at a Microtel Inn and took him into custody.
Shaikh will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Harris County Sheriff’s Office and the Panama City Police Department. Assistant U.S. Attorney Matthew Peneguy prosecuted the case.
Lead defendant sentenced in Burke County drug trafficking investigationRead the Press Release
AUGUSTA, GA: An Atlanta-area man has been sentenced to federal prison after admitting his role in a major drug trafficking conspiracy that funneled cocaine and other drugs through Atlanta to the Waynesboro, Ga., area.
Chadric Antonio Rhaney, a/k/a “Chad,” 42, of Powder Springs, Ga., was sentenced to 88 months in prison followed by three years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute, and to Distribute, Cocaine, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Chief Judge J. Randal Hall also ordered Rhaney to forfeit $68,610 seized during the investigation.
“The success of Operation Washout serves as an outstanding example of the value of partnerships between federal, state and local agencies,” said U.S. Attorney Estes. “These collaborative efforts will continue to identify and remove from our communities those who would drive violent crime through the proliferation of illegal drugs.”
The indictment in USA v. Rhaney et al, dubbed Operation Washout, was coordinated through the Organized Crime Drug Enforcement Task Forces (OCDETF) as the U.S. Drug Enforcement Administration developed information about cocaine trafficking from Mexico, through California to Atlanta, and then primarily to distributors in Burke County. Investigators from the Burke County Sheriff’s Office then worked with the DEA to develop the investigation that identified the defendants and led to searches and subsequent seizures of cocaine, crack cocaine, marijuana, drug trafficking paraphernalia, cash, and more than two dozen firearms.
In addition to Rhaney, who was identified as the source of cocaine coming into the Burke County area from Atlanta, two other defendants have been sentenced and four await sentencing after pleading guilty to related charges in the conspiracy. The final two defendants are awaiting trial, and are presumed innocent unless and until proven guilty.
“The sentencing of the lead defendant in this case slams the door on a major conspiracy to peddle poison (cocaine) in Burke County and the surrounding area,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “DEA and its law enforcement partners are committed to tracking down and bringing to justice those who pollute our neighborhoods with illegal drugs.”
Agencies investigating Operation Washout include the DEA and the Burke County Sheriff’s Office, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Probation Service; the U.S. Marshals Service; the Georgia National Guard Counterdrug Task Force; the Screven County Sheriff’s Office; the McDuffie County Sheriff’s Office; the Columbia County Sheriff’s Office; and the Richmond County Sheriff’s Office. It is being prosecuted for the United States by Assistant U.S. Attorney Henry W. Syms Jr.
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Las Cruces man charged for threatening to burn New Mexico State UniversityRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced that John Oliver Hamilton made an initial appearance in federal court on Aug. 12 on a criminal complaint charging him with threatening to burn a building by means of fire. Hamilton, 54, of Las Cruces, New Mexico, will remain in custody pending a preliminary and detention hearing scheduled for Aug. 17.
According to the complaint, on July 27, Hamilton allegedly made a string of telephone calls to the Office of Institutional Equality at New Mexico State University in Las Cruces. In those calls, as alleged in the complaint, Hamilton repeatedly threatened to burn the school. Under federal law, it is illegal to willfully make any threat by telephone to destroy any building by means of fire or an explosive.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Hamilton faces up to 10 years in prison.
The Las Cruces Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the New Mexico State University Police. Assistant United States Attorney Joni Autrey Stahl is prosecuting the case.
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Lansing Pharmaceutical Sales Representative Sentenced to One Year in Prison for Defrauding Michigan State University of $1.2 Million for Compounded Drug PrescriptionsRead the Press Release
GRAND RAPIDS, MICHIGAN – U.S. Attorney Mark Totten announced today that U.S. District Judge Robert J. Jonker sentenced Daniel Brown of Dimondale, Michigan to 12 months and one day in prison on a health care fraud conspiracy charge. Judge Jonker also sentenced Brown to three years of supervised release following his incarceration and ordered restitution totaling $1,267,418.00.
Brown’s conviction stemmed from an agreement to have expensive and medically unnecessary compounded pain creams and patches prescribed to Michigan State University (“MSU”) employees that were filled by pharmacies in Mississippi. Brown admitted soliciting a local physician to sign the prescriptions and splitting commission payments that the Mississippi pharmacies paid Brown for directing the prescription to their pharmacies. The pharmacies then charged MSU’s health plan $2,000 - $3,000 for each prescription.
As set forth in the government’s sentencing pleadings, Brown subsequently cooperated in the investigation and prosecution of the persons operating the pharmacies who were held criminally responsible in related federal cases in Mississippi for more than $200,000,000 in total claims paid for medically unnecessary compounded medications resulting from illegal kickbacks paid to sales representative and physicians around the country.
“Health care fraud raises costs on consumers, hurts businesses, and can subject persons to unnecessary treatment,” said U.S. Attorney Mark Totten. He continued: “Those who scheme to defraud our public and private health care providers, and those who pay and receive kickbacks to influence the generation of medical services, face aggressive prosecution, significant financial penalties, and the real prospect of prison.”
“Individuals like Mr. Brown, who enrich themselves through fraud schemes, undermine the healthcare system and drives up costs for everyone,” said James A. Tarasca, Special Agent in Charge of the FBI in Michigan. “The FBI remains committed to working closely with our law enforcement partners to swiftly and thoroughly investigate such fraud allegations and bring criminals who engage in these schemes to justice.”
This case was investigated by the Federal Bureau of Investigation, the Department of Health and Human Services, Office of Inspector General, Blue Cross Blue Shield of Michigan Corporate and Financial Investigations Unit, and the Michigan State Police. Assistant U.S. Attorney Raymond E. Beckering III prosecuted the case.
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Kanawha County Man Sentenced to Prison for Role in Multi-State Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. –A Kanawha County man was sentenced today to seven years in prison, to be followed by three years of supervised release, for intent to distribute methamphetamine and being a felon in possession of a firearm.
According to court documents and statements made in court, Scott Edward Hudson, 50, of St. Albans, admitted to participating in a drug trafficking organization (DTO) responsible for distributing large quantities of methamphetamine in Kanawha County. As part of this conspiracy, Hudson sold approximately 3.5 grams of methamphetamine to a confidential informant on March 22, 2019. Law enforcement officers executed a search warrant at Hudson’s residence on March 23, 2019, and recovered approximately 230.8 grams of pure methamphetamine and $5,160 in cash that included marked bills from the previous day’s controlled buy.
Hudson further admitted to possessing a SWD Cobray, model M11/9, 9mm pistol in St. Albans on May 22, 2021. Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Hudson admitted that he knew he was prohibited from possessing a firearm because of prior felony convictions, including for attempt to commit a felony in Jackson County Circuit Court on June 30, 2006.
The case is part of a long-term investigation of methamphetamine distribution that resulted in the conviction of 17 individuals for various drug and firearm offenses in three separate indictments. Hudson and 13 others pleaded guilty. The remaining three, Timothy Wayne Dodd, Douglas Jonathan Wesley and Leo Antoine Smith, were convicted at trial.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Charleston Police Department, the Kanawha County Sheriff’s Department, the Putnam County Sheriff’s Department, the Bureau of Alcohol, Tobacco Firearms, and Explosives (ATF), and the Metropolitan Drug Enforcement Network Team (MDENT).
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Joshua Hanks prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-172.
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Justice Department Announces Conclusion of Landmark Agreement Addressing Segregated Work Settings for People with DisabilitiesRead the Press Release
In an order issued on Aug. 12, the U.S. District Court for the District of Oregon found that the State of Oregon has fulfilled the terms of a settlement agreement with the Justice Department and people with disabilities in a landmark case challenging the state’s provision of employment services for people with disabilities in segregated settings. The case, Lane v. Brown/United States v. Oregon, was dismissed as a result.
The settlement agreement, in effect since 2015, resolved the first lawsuit in the nation to challenge a state’s reliance on segregated employment settings for individuals with disabilities, including sheltered workshops, as a violation of the integration mandate of Title II of the Americans with Disabilities Act (ADA). Sheltered workshops are segregated facilities that exclusively or primarily serve individuals with disabilities, in which people with disabilities have little or no contact with non-disabled persons besides paid staff. People with intellectual and developmental disabilities (I/DD) in sheltered workshops often earn wages well below minimum wage, sometimes pennies per hour. By contrast, supported employment services assist people with I/DD to prepare for, obtain and succeed in integrated workplaces at competitive wages.
“This ruling demonstrates once again that people with significant disabilities are fully capable of working in the community alongside their nondisabled peers with appropriate services and supports,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We are pleased that Oregon has successfully implemented the reforms called for by our settlement agreement and remain committed to ensuring that people with disabilities across the country have every opportunity to access the job market. Simply put, people with disabilities must have the right to receive employment services in the community, pursue jobs consistent with their talents and preferences, earn fair wages, achieve social and economic independence and contribute to our nation’s economy.”
The lawsuit was filed as a class action in January 2012 by individuals with I/DD who were receiving services in Oregon sheltered workshops, but instead preferred to work in jobs in the community for a competitive wage. In March 2013, the Justice Department intervened in the lawsuit. The department claimed that Oregon was unnecessarily segregating adults with I/DD in sheltered workshops and placing Oregon youth with I/DD at serious risk of segregation in sheltered workshops in violation of Title II of the ADA.
In Olmstead v. L.C., the Supreme Court ruled that the ADA prohibits unnecessary segregation of people with disabilities, who have a right to live and receive services in the most integrated setting appropriate. The Lane case was the first lawsuit to address how the ADA’s integration mandate applied to state employment services.
The agreement required Oregon to provide supported employment services and related employment services so that 1,115 sheltered workshop workers would newly receive jobs in the community at competitive wages over the agreement’s term. The agreement also required at least 7,000 people — including more than 4,900 youth exiting school — to receive supported employment services aimed at enabling them to secure and maintain integrated, competitive employment opportunities. At least half of the youth served received individualized employment plans from Oregon’s vocational rehabilitation agency, identifying the services and supports necessary to achieve competitive employment. The Independent Reviewer who monitored Oregon’s compliance with the agreement found that, according to state data, Oregon met or exceeded these requirements.
The Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to their needs. Please visit www.ada.gov/olmstead to learn more about the division’s ADA Olmstead enforcement efforts and www.justice.gov/crt to learn more about the other laws enforced by the Civil Rights Division.
Jefferson County man sentenced to 14 years for role in drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Shaquan Omar Richardson, of Harpers Ferry, West Virginia, was sentenced today to 168 months of incarceration for his role in a drug conspiracy that spanned several states, U.S. Attorney William Ihlenfeld announced.
Richardson, also known as “Wave,” 26, pled guilty in November 2020 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute One Kilogram or More of a Mixture and Substance Containing Phencyclidine (PCP)” and one count of “Possession with Intent to Distribute 280 Grams or More of Cocaine Base.” Richardson admitted to working with others to distribute PCP from August 2019 to September 2019 in Jefferson County and elsewhere. He also admitted to distributing more than 280 grams or more of cocaine base or “crack” in September 2019 in Jefferson County.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, prosecuted the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
Jacksonville Man Sentenced to Federal Prison for Selling MethamphetamineRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Timothy Mills, II (38, Jacksonville) to 12 years and 7 months in federal prison for conspiracy to distribute methamphetamine and for possessing a firearm as a convicted felon. Mills was also ordered to forfeit the firearm. Mills had pleaded guilty on May 24, 2022.
According to facts presented in court, from July to September 2020, Mills conspired with others to distribute methamphetamine within the Middle District of Florida. Mills engaged in several drug transactions during which he sold more than 500 grams of methamphetamine. During one drug transaction in September, Mills, who is a multi-convicted felon, also sold a handgun to an undercover law enforcement officer.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Craig Gestring.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Individuals Charged with Labor Racketeering in the Port of San JuanRead the Press Release
SAN JUAN, Puerto Rico – On August 11, 2022, a federal grand jury in the District of Puerto Rico returned an indictment charging 7 defendants with running a criminal enterprise dedicated to extorting and misleading shipping companies into paying fees for the loading and unloading of cargo at the Port of San Juan—Piers 9, 10, and 11—under the threat of strikes and blockades on the part of union members of the ILA-1740 of the International Longshoremen’s Association, AFL-CIO (“ILA”) and under false representations that companies had to pay a fee in order to be able to use “union-free labor” for the loading and unloading of cargo, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The indictment includes a forfeiture allegation related to the total value of the loss, approximately $1,184,524.26, and one residential property, a vehicle, and a boat.
Pursuant to the indictment, Pedro Pastrana-González and his ex-wife, Iara Clemente-Rivera, owners and managers of JCPY, Inc. (JCPY), aided by a public employee and Puerto Rico Port Authority worker, Jorge Batista-Maldonado and Carlos Sánchez-Ortiz, the president of the union ILA-1740, are charged with running the fraudulent and extortionate scheme against shipping companies using Piers 9, 10, and 11. Members of the enterprise took some of the money made from the scheme and concealed it in JCPY and as payments to ILA-1740’s employee benefit plan called Plan de Bienestar UTM-PRSSA (the “Plan”).
Pastrana-González, Clemente-Rivera, Victor F. Torres-Barroso, José A. Fernández-Cruz, and Carlos A. Hernández-Laguer are also charged in the indictment for their participation in an agreement to take funds and falsify records of the Plan. Pastrana-González and Clemente-Rivera agreed that Torres-Barroso, Fernández-Cruz, and Hernández-Laguer—members of ILA-1740 who worked in a company that provides stevedoring services (longshore work) — would do “chimbos” for Clemente-Rivera. “Chimbo” is slang for a person who uses the union card of another individual when working at the docks so that it appears that the union member is working. Because it appeared that the person on the union card (Clemente-Rivera) was working, the hours worked were fraudulently counted for Clemente-Rivera’s yearly-hour requirement to qualify for Plan benefits.
The defendants are charged with the following counts:
- Pedro Pastrana-González, Counts 1-7;
- Iara Clemente-Rivera, Counts 1-7;
- Carlos Sánchez-Ortiz, Counts 1-5;
- Jorge Batista-Maldonado, Counts 1-3;
- Victor F. Torres-Barroso, Counts 6 and 7;
- José A. Fernández-Cruz, Counts 6 and 7; and
- Carlos A. Hernández-Laguer, Counts 6 and 7.
- Count One of the indictment charges a RICO conspiracy in violation of 18 U.S.C. § 1962(d), which subjects the defendants to a term of imprisonment of up to 20 years;
- Count Two charges a Hobbs Act extortion conspiracy in violation of 18 U.S.C. § 1951, which subjects the defendants to a term of imprisonment of up to 20 years;
- Count Three charges a conspiracy to commit mail and wire fraud in violation of 18 U.S.C. § 1349, which subjects the defendants to a term of imprisonment of up to 20 years;
- Count Four charges a conspiracy to violate the Taft-Hartley Act (labor management relations) in violation of 29 U.S.C. § 186, all in violation of 18 U.S.C. § 371, which subjects the defendants to a term of imprisonment of up to 5 years;
- Count Five charges a money laundering conspiracy in violation of 18 U.S.C. § 1956(h), which subjects the defendants to a term of imprisonment of up to 20 years;
- Count Six charges a conspiracy to willfully convert funds and falsify records of the Plan in violation of 18 U.S.C. § 664 and 18 U.S.C. § 1027, all in violation of 18 U.S.C. § 371, which subjects the defendants to a term of imprisonment of up to 5 years; and
- Count Seven charges health care fraud in violation of 18 U.S.C. § 1347, which subjects the defendants to a term of imprisonment of up to 10 years.
“These arrests are the result of a comprehensive investigation that now will put a stop to the illegal fees that the defendants were charging the shipping companies at Piers 9, 10 and 11,” said W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico. “I want to congratulate the attorneys and agents from all of these agencies who worked diligently to uncover this years-long scheme.”
“Schemes such as the one uncovered and charged in this indictment, negatively impact local economy and stalls the economic progress the people of Puerto Rico deserve,” said Joseph González, Special Agent in Charge of the FBI San Juan Field Office. “This scheme was sustained by silence, and I hope the work we’ve done here with our partners, serves as a motivation for those with information, to speak up.
“An important part of the U.S. Department of Labor, Office of Inspector General (DOL-OIG) mission is to protect the integrity of labor unions and affiliated benefit plans by investigating those who allegedly abuse their positions of trust for personal financial gain. The OIG would like to thank our partners for their assistance in this complex and large-scale investigation,” stated Jonathan Mellone, Special Agent-in-Charge, New York Region, U.S. Department of Labor, Office of Inspector General.
“Today’s indictment includes allegations of corruption against a union president as well as several union members. OLMS will continue to work with its law enforcement partners to hold accountable union officials, who hold positions of trust, as well as others who may seek personal gain through illegal activities, taking advantage of the union and the hardworking rank and file workers who the union represents,” said Megan Underwood, Northeastern Regional Director of the Office of Labor-Management Standards (OLMS). “OLMS thanks the U.S. Attorney’s Office for the District of Puerto Rico and all of the partner agencies for their dedication to this case.”
“These fraudulent actions resulted in people improperly receiving benefits they were not eligible for, hurting thousands of Puerto Ricans who worked tirelessly to earn those benefits honestly and legally,” said Ali Khawar, Acting Assistant Secretary of Labor, Employee Benefits Security Administration (EBSA). “When anyone commits a crime involving an employee benefit plan, EBSA will make sure they are brought to justice.”
“The U.S. Postal Inspection Service will continue to work alongside our law enforcement partners to disrupt and dismantle criminal organizations who seek to exploit legitimate business and individuals for financial gain. Today’s arrests will not only bring a sense of justice to the victims but will also help increase awareness on these type of fraudulent schemes,” said Juan A. Vargas, Acting Inspector in Charge, U.S. Postal Inspector, Miami Division.
The FBI is in charge of the investigation, in collaboration with the U.S. Department of Labor—Office of Inspector General, U.S. Department of Labor—Employee Benefits Security Administration, U.S. Department of Labor—Office of Labor-Management Standards, the U.S. Postal Inspection Service. Assistance was also provided by the San Juan Municipal Police, the Carolina Municipal Police, the Puerto Rico Police Bureau, and the Puerto Rico Ports Authority.
The investigation was carried out in consultation with attorneys of the Organized Crime and Gang Section of the U.S. Department of Justice.
Assistant U.S. Attorney Victor O. Acevedo-Hernández is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Huntington Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Robert Lamont Congleton, 42, of Huntington, was sentenced today to six months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, Congleton admitted to possessing a loaded Taurus, Model PT111 G2, 9mm pistol, that law enforcement officers found in his residence on July 29, 2021.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Congleton knew he was prohibited from possessing a firearm because of his conviction for attempt to commit a felony – delivery of a controlled substance in Cabell County Circuit Court on February 26, 2015.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the West Virginia State Police and the Cabell County Sheriff’s Office.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-109.
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Huntington Man Sentenced to More Than 18 Years in Prison for Fentanyl CrimeRead the Press Release
HUNTINGTON, W.Va. – Joseph Ira Patterson III, 38, of Huntington, was sentenced today to 18 years and four months in prison, to be followed by five years of supervised release, for possession with intent to distribute methamphetamine, cocaine and a fentanyl analogue.
According to court documents and statements made in court, Patterson admitted that he sold approximately 8 ounces of methamphetamine to a confidential informant in Huntington on March 29, 2021, and again on April 21, 2021. Patterson agreed to deliver more methamphetamine to the confidential informant in Charleston. On April 22, 2021, Patterson was driving in Charleston for that meeting when law enforcement officers stopped his vehicle. A search of Patterson’s vehicle yielded 907.2 grams of suspected methamphetamine.
Patterson admitted he had obtained methamphetamine from a Huntington storage unit prior to traveling to Charleston. Law enforcement officers executed a search warrant for the unit and seized 282.97 grams of methamphetamine, 231.7 grams of a fentanyl analogue, and 15.70 grams of cocaine as well as nine firearms and drug paraphernalia. Officers also searched Patterson’s Jackson Avenue residence in Huntington and seized 58.345 grams of methamphetamine, 7.50 grams of a fentanyl analogue, 42.53 grams of marijuana and 18.51 grams of cocaine base, also known as “crack.”
United States Attorney Will Thompson made the announcement and commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT) and the Drug Enforcement Administration (DEA).
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Monica D. Coleman prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-218.
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Huntington Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Donnie Earl Jefferson Jr., 34, of Huntington, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, Jefferson admitted that he possessed a Remington, model RM380, .380-caliber pistol in his pants pocket when law enforcement officers arrested him in Huntington on September 28, 2021.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Jefferson knew he was prohibited from possessing a firearm because of his felony conviction for first-degree robbery in Cabell County Circuit Court on December 17, 2012.
Jefferson is scheduled to be sentenced on November 21, 2022, and faces a maximum penalty of 10 years in prison, up to three years of supervised release, and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the United States Marshals Service.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Stephanie S. Taylor is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:22-cr-48.
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Honduran National Indicted for Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that LUIS ALFREDO LEZAMA-RAMIREZ, a/k/a “Luis Ramirez,” a/k/a “Luis Danny Lezame-Ramirez,” a/k/a “Luis Silva-Sanchez,” a/k/a “Luis Silva,” age 45, was charged in a one-count indictment on August 12, 2022 with illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the indictment, LUIS ALFREDO LEZAMA-RAMIREZ (“LEZAMA-RAMIREZ”) reentered the United States after he was previously deported on June 8, 2018. If convicted, LEZAMA-RAMIREZ faces a maximum term of imprisonment of two years, a maximum fine of up to $250,000, a maximum term of supervised release of up to one year, and a mandatory $100 special assessment fee.
U. S. Attorney Duane Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that on August 12, 2022 MARIO HERNANDEZ-MARIN, “a/k/a “Jose Hernandez-Marin,” a/k/a “David Hernandez-Marin,” a/k/a “Jose G. Hernandez,” a/k/a “Daniel Enrique-Polanco,” a/k/a “David Hernandez-Enrique,” age 49, was charged in a one-count indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the indictment, MARIO HERNANDEZ-MARIN (“HERNANDEZ-MARIN”) reentered the United States after he was previously deported on June 23, 2011. If convicted, HERNANDEZ-MARIN faces a maximum term of imprisonment of two years, a maximum fine of up to $250,000, a maximum term of supervised release of up to one year, and a mandatory $100 special assessment fee. He faces sentencing enhancement of 20 years because of a prior felony conviction.
U. S. Attorney Duane Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
Hartford Man Sentenced to 7 Years in Federal Prison for Carjacking OffenseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that ARNO SMITH, 60, of Hartford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 84 months of imprisonment, followed by three years of supervised release, for committing a carjacking in 2018.
According to court documents and statements made in court, at approximately 11:00 p.m. on July 26, 2018, Smith approached a woman who was sitting in her 2006 Honda in a Hartford parking lot and pressed what the woman believed to be a gun against her neck. Smith then grabbed the victim’s purse and the victim got out of the car. Smith pointed the weapon at the victim, told her to walk away, and then drove away in the car. The cremated remains of the victim’s son were in the vehicle.
After the robbery, Smith attempted to use the victim’s credit card at two locations in Bristol.
Smith was arrested on state charges on September 20, 2018. At the time of his arrest he was sitting in the victim’s car. The remains of the victim’s son where not in the car and have not been recovered.
The investigation also revealed that between July 27 and September 19, 2018, Smith committed robberies at businesses located in Bristol, Southington, Hartford, Bloomfield, South Windsor and Windsor Locks.
Smith has been detained since his arrest. On October 6, 2020, he pleaded guilty to one count of Hobbs Act robbery
This matter was investigated by the Federal Bureau of Investigation’s Violent Crimes Task Force and the Hartford, Bristol, Southington, Bloomfield, South Windsor, Windsor Locks, Farmington and West Hartford Police Departments. The case was prosecuted by Assistant U.S. Attorney Brendan Keefe.
This prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. In May 2021, the Justice Department launched a violent crime reduction strategy strengthening PSN based on these core principles: Fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Grand Haven Electroplating Company, President, and Vice President Plead Guilty to Clean Water Act OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Mark Totten announced today that ASP Plating Company, of Grand Haven, Gary Stephen Rowe, 70, of Grand Haven, and Stephen Frederick Rowe, 38, formerly of Grand Haven and currently of Oklahoma, pled guilty to criminal violations of the Clean Water Act before the Honorable Sally J. Berens, United States Magistrate Judge. The company and Gary Rowe, its president, pled guilty to a felony violation of the Clean Water Act, and Stephen Rowe, its vice president, pled guilty to a misdemeanor. The Court will set one or more dates for sentencing hearings.
According to public records, the individual defendants operated the corporate defendant, an electroplating company that held an industrial pretreatment permit issued by the Grand Haven-Spring Lake Sewer Authority. At least between 2015 and 2021, the company routinely violated the permit by dumping zinc in excess of the daily and monthly limitations, by releasing zinc in batches without notice, and by bypassing the mandatory pretreatment system entirely. The Sewer Authority periodically monitored the company’s discharges, but Gary and Stephen Rowe instructed employees to make sure the monitor was absent before discharging wastewater containing excessive amounts of zinc.
“No resource is more precious in Michigan than our waters, which define the very boundaries of our state,” said U.S. Attorney Totten. “These defendants blatantly and repeatedly thwarted their obligation to properly treat and dispose of wastewater. As U.S. Attorney, I will do everything I can to protect our water. Individuals and businesses that commit environmental crimes will be held accountable.”
The Clean Water Act is the primary law governing pollution of the Nation’s surface waters. Congress first passed the law in 1948, totally revised it in 1972, and subsequently amended the law several times thereafter. In passing the law, Congress declared that its purpose was “to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” 33 U.S.C. § 1251(a). Among other provisions, the Act regulates industrial and municipal discharges. To achieve its goal of preserving clean water, parts of the Act are based on the concept that all discharges into the Nation’s waters by industrial and municipal users are illegal unless specifically authorized by a permit. The law has civil, criminal, and administrative enforcement provisions.
The U.S. Environmental Protection Agency’s Criminal Investigation Division investigated the case. Assistant U.S. Attorney Justin M. Presant is prosecuting the matter.
The Plea Agreement for Defendant Gary Rowe is available here. The Plea Agreement for Defendant Stephen Rowe is available here. The Plea Agreement for Defendant ASP Plating Company is available here. For each agreement, a recitation of the relevant facts begins on page 3. The document charging the case, called the Information, is available here.
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Gang Member Sentenced to 10 Years for Firearm and Drug ChargesRead the Press Release
SAN ANTONIO – A San Antonio man was sentenced today to 10 years in prison for drug trafficking and firearm violations.
According to court documents, on March 26, 2020, law enforcement officers observed Kenton Maurice Haynes, 27, and Kevin Johnson, Jr., 29, both of San Antonio, driving a car in circles in an empty parking lot, parking, and then repositioning several times. Another car pulled up, and the driver exited his vehicle and got into the backseat of Johnson’s car. Officers then arrested all three individuals for a drug transaction that was in progress. At the time of the arrest, Johnson had a loaded handgun and nearly $10,000 in cash. Haynes had a loaded handgun equipped with a high-capacity magazine and approximately $2,700 in cash. Officers also recovered approximately two and a half pounds of marijuana, ecstasy and cocaine during the arrest.
When he was arrested, Haynes was a documented member of the Bloods and Neighborhood Piru street gangs and under felony indictment for state offenses. Haynes was also wanted for multiple felony warrants for narcotics and firearms offenses.
On March 25, 2022, after a four-day jury trial, Haynes was found guilty of one count of receipt of firearm while under indictment; one count of possession of a firearm in furtherance of a drug trafficking crime; and one count of possession with intent to distribute marijuana.
“Today’s sentence reflects the devoted work of our law enforcement partners in making our community safer from gang-related drug and firearms trafficking,” said U.S. Attorney Ashley C. Hoff. “Haynes was a documented member of the violent Blood-Piru street gang and had a lengthy criminal history. His sentence should serve as a strong message to the community that the U.S. Attorney’s Office, through the initiative of Project Safe Neighborhoods, is dedicated to reducing and deterring violence in our communities.”
“It is more important now than ever before that we hold criminals accountable for their actions,” said Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski, Houston Division. “As with this joint effort, we will continue to combat violent crime by holding violent offenders who possess firearms and narcotics, liable.”
On March 16, 2022, Haynes’ co-defendant, Kevin Johnson, Jr., pleaded guilty to one count of possession of a firearm in furtherance of a drug trafficking crime and one count of possession with intent to distribute marijuana. Johnson is scheduled for sentencing on October 17, 2022. He faces a maximum of five years in prison for possession with intent to distribute a controlled substance with a mandatory minimum sentence of five years in prison for possession of a firearm in furtherance of a drug trafficking crime to be served consecutively with any other sentence imposed.
The ATF, along with members of San Antonio Texas Anti-Gang Center (TAG), investigated the case.
Assistant U.S. Attorneys Matthew W. Kinskey and William F. Calve prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results. Anonymous tips involving gang crime and wanted fugitives can be submitted at www.stopsanantoniogangs.org.
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Former Federal Correctional Officer Sentenced to Prison for Lying About Engaging in Unlawful Sexual Activity with Jail InmateRead the Press Release
LOS ANGELES – A former correctional officer at the federal jail in downtown Los Angeles was sentenced to a prison term today for lying to investigators about his sexual activity with an inmate who was under his care and supervision.
Abel Concho, 54, of East Los Angeles, was sentenced by United States District Judge R. Gary Klausner to a total of six months – three months in federal prison and an additional three-month term of home confinement. Judge Klausner also ordered Concho to pay the victim $9,500 in restitution.
Concho pleaded guilty in November 2021 to one count of making false statements.
Concho was employed by the Bureau of Prisons (BOP) as a correctional officer at the Metropolitan Detention Center (MDC) in Los Angeles. The victim in this case was an MDC inmate under Concho’s supervision from June 2010 to February 2011.
On July 28, 2021, Concho made a series of false statements during an administrative interview with federal investigators, including that he “never” had sexual contact with one MDC inmate, when in fact Concho engaged in sexual contact with the victim on approximately 35 different occasions. Concho, on multiple occasions, also lied that he “never had sexual contact” with any MDC inmates, according to court documents.
“Having abused his power in supervising the halls of a federal institution to commit sexual abuse and then lying up to cover up those gross abuses, justice demands that defendant should now spend time on the other side of the bars,” prosecutors wrote in a sentencing memorandum filed with the court.
After initially denying he had any sexual contact with the victim, Concho then falsely stated that he had sexual intercourse with the victim just “once (or) twice” that he could recall. Concho also falsely stated on multiple occasions that he did not provide a cellphone to the victim to take nude photographs for him. In fact, he illegally smuggled a cellphone into MDC and gave the cellphone to the victim to take nude photographs for him, which the victim then did.
Concho admitted in his plea agreement that he knew it was a federal crime and an offense that could lead to termination for a BOP employee to knowingly engage in any sexual act with a person in official detention and under his authority in a federal facility and to smuggle contraband, including cellphones, into MDC for inmates’ use.
Concho admitted he knew that, under the law and pursuant to the BOP employee code of conduct, sexual activity between staff and inmates could not be considered consensual and was not permitted. In addition to the harm it caused inmates, staff sexual acts with inmates threatened the safety and security of the prison and betrayed the trust and confidence placed in the BOP by the public, Concho admitted.
As part of his plea agreement, Concho also agreed not to seek employment in any law enforcement capacity or a position that requires carrying a firearm.
The United States Department of Justice, Office of Inspector General and the FBI investigated this matter.
Assistant United States Attorney Mack E. Jenkins, Chief of the Public Corruption and Civil Rights Section, prosecuted this case.