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2 August 2022
Sixteen Members of Own Every Dollar Gang Charged in Manhattan Federal Court with Racketeering and Narcotics OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Frank A. Tarentino III, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Keechant Sewell, the Commissioner of the New York City Police Department (“NYPD”), and Kevin P. Bruen, the Superintendent of the New York State Police (“NYSP”), announced the unsealing of an Indictment charging 16 members and associates of the Own Every Dollar (or “OED”) gang, a subset of the Trinitarios, with committing various racketeering, narcotics, and firearms offenses, including murder and attempted murder.
JOWENKY NUNEZ, JR., a/k/a “Juju,” JERRIN PENA, a/k/a “Rooga,” a/k/a “Perry,” JUSTIN DEAZA, a/k/a “Booka,” a/k/a “Pepito,” WILSON MENDEZ, a/k/a “Tati,” BRIAN HERNANDEZ, a/k/a “Malikai,” HUGO RODRIGUEZ, a/k/a “Juice,” MAYOVANEX RODRIGUEZ, a/k/a “Menorcito,” JOHANN ZAPATA, a/k/a “Zapata,” ELVIS TREJO, a/k/a “Po Po,” STEVEN JOAQUIN, a/k/a “Baby Gunz,” IYAURY RODRIGUEZ-ROSARIO, a/k/a “Bricha,” JOWENKY NUNEZ, SR., a/k/a “Bala,” ARGENIS TAVAREZ, a/k/a “Nose,” a/k/a “A-Kash,” VICTOR COLON, a/k/a “V,” JOSE GUTIERREZ, a/k/a “G,” and NIJMAH MARTE, a/k/a “N,” a/k/a “Nena,” are members or associates of the OED gang.
The Indictment charges five defendants—JOWENKY NUNEZ, JR., JERRIN PENA, BRIAN HERNANDEZ, MAYOVANEX RODRIGUEZ, and IYAURY RODRIGUEZ-ROSARIO—with committing one or more of a total of five murders in the Bronx and Manhattan. Eleven of the defendants—JOWENKY NUNEZ, JR., JERRIN PENA, JUSTIN DEAZA, WILSON MENDEZ, BRIAN HERNANDEZ, HUGO RODRIGUEZ, ELVIS TREJO, STEVEN JOAQUIN, IYAURY RODRIGUEZ-ROSARIO, JOWENKY NUNEZ, SR., and ARGENIS TAVAREZ—are charged with committing one or more of a total of 12 attempted murders.
U.S. Attorney Damian Williams said: “Our indictment alleges that for the past four years, OED has wreaked havoc in this City – committing multiple murders, numerous armed robberies, shootings, assaults, and also dealing dangerous drugs, including fentanyl. The defendants charged today include OED’s leadership and some of the gang’s most violent members, who we allege murdered five victims over the past four years, committed 13 shootings, and committed seven robberies or attempted robberies. The charges we unseal today required the partnership and dedication of our law enforcement partners. It required us to work together, side by side, across jurisdictions, to protect the people. I want to thank all of our partners here today for their hard work on these and so many other investigations.”
DEA Special Agent-in-Charge Frank Tarentino said: “These arrests and seizures amplify our commitment and focus to safeguard our communities from the perils of violent crime, and the destruction that follows. The DEA works in partnership with our law enforcement partners having two goals in mind: saving lives and making our communities healthy and safe. I applaud the U.S. Attorney’s Office, Southern District of New York and the New York Drug Enforcement Task Force comprising DEA, NYPD, and NYSP for their diligence and commitment to this impactful investigation.”
NYPD Commissioner Keechant Sewell said: “These individuals lived by a brutal code of street violence – where firearms were recklessly pulled out and indiscriminately fired, where innocent lives were disregarded, where families and neighborhoods were traumatized and torn apart. Now they will no longer be able to terrorize New Yorkers. And make no mistake: Organized groups like this do terrorize. They sow fear and disorder, and they show zero respect for the lives of the people who reside and work in the neighborhoods where they wreak havoc. The vast resources and untiring efforts of the NYPD and our law enforcement partners, across multiple agencies, are concentrated on the nexus of gangs, guns, and drugs that drive much of the crime in New York City. And all the people we serve are safer today because of our collaboration.”
NYSP Superintendent Kevin P. Bruen said: “The charges brought today against these dangerous individuals are a direct result of the vigilant work conducted by law enforcement partners. These partnerships were instrumental in shutting down this racketeering operation, took dangerous drugs and weapons off our streets, and interrupted heinous crimes in our neighborhoods. Let this be a strong message that New York State will not tolerate those who bring drugs and violence into our communities.”
As alleged in the Indictment unsealed today in Manhattan federal court and in statements made in court filings[1]:
OED Acts of Violence
The following murders, attempted murders, shootings, and gunpoint robberies and attempted robberies were perpetrated in part so that the following members and associates of OED could maintain or increase their positions in the OED racketeering enterprise operating in the Southern District of New York:
- On August 31, 2018, JOWENKY NUNEZ, JR. shot and killed Nicolas Vargas in the vicinity of 232nd Street in the Bronx, and aided and abetted the same.
- On April 14, 2019, JOWENKY NUNEZ, JR. and JERRIN PENA shot and killed Hector Cruz in the vicinity of West 135th Street in Manhattan, and aided and abetted the same.
- On January 24, 2020, JOWENKY NUNEZ, JR., BRIAN HERNANDEZ, WILSON MENDEZ, STEVEN JOAQUIN, and ARGENIS TAVAREZ shot at a rival gang member in the vicinity of West 136th Street in Manhattan, and aided and abetted the same.
- In February 2020, JOWENKY NUNEZ, JR., JERRIN PENA, BRIAN HERNANDEZ, and ARGENIS TAVAREZ shot at rival gang members in the vicinity of West 138th Street in Manhattan, and aided and abetted the same.
- On March 30, 2020, JOWENKY NUNEZ, JR. and STEVEN JOAQUIN shot at a rival narcotics trafficker in the vicinity of West 180th Street in Manhattan, and aided and abetted the same. Photographs of NUNEZ, JR. (on the left) and JOAQUIN (on the right) committing that shooting are below:
- On April 18, 2020, JOWENKY NUNEZ, SR. shot at an individual in the vicinity of Audubon Avenue in Manhattan, and aided and abetted the same.
- On May 13, 2020, JUSTIN DEAZA and WILSON MENDEZ shot at rival narcotics traffickers in the vicinity of West 184th Street in Manhattan, and aided and abetted the same.
- On May 15, 2020, BRIAN HERNANDEZ shot at a rival narcotics trafficker in the vicinity of West 188th Street in Manhattan, and aided and abetted the same.
- On June 26, 2020, JOWENKY NUNEZ, JR., STEVEN JOAQUIN, and IYAURY RODRIGUEZ-ROSARIO shot at rival narcotics traffickers during a high-speed chase through Washington Heights in Manhattan, and aided and abetted the same.
- On July 2, 2020, JOWENKY NUNEZ, JR., BRIAN HERNANDEZ, and IYAURY RODRIGUEZ-ROSARIO shot and killed Richard Dominguez and Israel Cabrera in the vicinity of Sedgewick Avenue in the Bronx, and aided and abetted the same.
- On July 5, 2020, JOWENKY NUNEZ, JR. and IYAURY RODRIGUEZ-ROSARIO shot at rival gang members in the vicinity of West 136th Street in Manhattan, and aided and abetted the same.
- On July 18, 2020, JOWENKY NUNEZ, JR. shot at an individual in the vicinity of West 183rd Street in Manhattan, and aided and abetted the same.
- On October 22, 2020, JOWENKY NUNEZ, JR. and JUSTIN DEAZA shot at individuals in the vicinity of Valentine Avenue in the Bronx, and aided and abetted the same.
- On December 13, 2020, WILSON MENDEZ robbed an individual at gunpoint, in the vicinity of West 188th Street in Manhattan, and aided and abetted the same.
- On August 12, 2021, HUGO RODRIGUEZ and JOWENKY NUNEZ, SR. engaged in a shootout with each other in the vicinity of West 183rd Street in Manhattan, and aided and abetted the same. A photograph of NUNEZ, SR., committing that shooting is below:
- In August 2021, JUSTIN DEAZA robbed an individual at gunpoint, in the vicinity of West 28th Street in Manhattan, and aided and abetted the same.
- In September 2021, JUSTIN DEAZA attempted to rob an individual at gunpoint, in the vicinity of the FDR Drive in Manhattan, and aided and abetted the same.
- In September 2021, JUSTIN DEAZA and WILSON MENDEZ robbed an individual at gunpoint, in Queens, and aided and abetted the same.
- On January 22, 2022, JOWENKY NUNEZ, JR., JERRIN PENA, ELVIS TREJO, and STEVEN JOAQUIN robbed and shot several individuals in the vicinity of West 145th Street in Manhattan, and aided and abetted the same.
- On February 7, 2022, MAYOVANEX RODRIGUEZ shot and killed Anthony Savarese in the vicinity of Andrews Avenue in the Bronx, and aided and abetted the same.
- On February 14, 2022, HUGO RODRIGUEZ and ELVIS TREJO robbed several individuals at gunpoint in the vicinity of West 203rd Street in Manhattan, and aided and abetted the same.
- On March 4, 2022, JOWENKY NUNEZ, JR. and ELVIS TREJO shot at a rival gang member in the vicinity of Dyckman Street in Manhattan, and aided and abetted the same. A photograph of NUNEZ, JR., committing that shooting is below:
Narcotics Trafficking and Firearms Use
Between 2018 and July 2022, JOWENKY NUNEZ, JR., JERRIN PENA, JUSTIN DEAZA, WILSON MENDEZ, BRIAN HERNANDEZ, HUGO RODRIGUEZ, MAYOVANEX RODRIGUEZ, JOHANN ZAPATA, ELVIS TREJO, STEVEN JOAQUIN, IYAURY RODRIGUEZ-ROSARIO, JOWENKY NUNEZ, SR., ARGENIS TAVAREZ, VICTOR COLON, JOSE GUTIERREZ, and NIJMAH MARTE conspired to distribute and possess with intent to distribute fentanyl, heroin, cocaine, crack cocaine, oxycodone, ecstasy, and marijuana. In addition, these defendants used, carried, and possessed firearms in furtherance of their narcotics trafficking, and aided and abetted the same.
Firearms Trafficking
Between May 2020 and October 2020, JOWENKY NUNEZ, JR., JERRIN PENA, and IYAURY RODRIGUEZ-ROSARIO unlawfully obtained approximately thirteen firearms in Pennsylvania and transported those firearms to New York for use by members of OED.
* * *
H. RODRIGUEZ, 26, M. RODRIGUEZ, 27, ZAPATA, 20, TREJO, 21, JOAQUIN, 20, and NUNEZ, SR., 39, were all arrested yesterday, and will be presented today before United States Magistrate Judge Katharine H. Parker. Today, RODRIGUEZ-ROSARIO, 41, was arrested and will be presented in the Eastern District of Pennsylvania. NUNEZ, JR., 20, PENA, 20, DEAZA, 21, MENDEZ, 20, HERNANDEZ, 22, COLON, 24, GUTIERREZ, 20, and MARTE, 22, were charged in a prior indictment and have been presented on those charges. TAVAREZ, 23, has not been arrested at this time. This case is assigned to United States District Judge J. Paul Oetken.
Charts containing the names, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the NYPD and DEA. Mr. Williams also thanked the Manhattan District Attorney’s Office, the Bronx District Attorney’s Office, the Office of the Special Narcotics Prosecutor, the New York State Police, and the NYPD Task Force Officers assigned to this Office for their assistance in the investigation.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Kevin Mead, Sarah L. Kushner, and Ashley C. Nicolas are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
COUNT
DEFENDANT(S)
MAX. TERM OF IMPRISONMENT
Count One: Conspiracy to Commit Racketeering
(18 U.S.C. § 1962(d))
Jowenky Nunez, Jr.
Jerrin Pena
Justin Deaza
Wilson Mendez
Brian Hernandez
Hugo Rodriguez
Mayovanex Rodriguez
Johann Zapata
Elvis Trejo
Steven Joaquin
Iyaury Rodriguez-Rosario
Jowenky Nunez, Sr.
Argenis Tavarez
Life Imprisonment
Count Two: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Jowenky Nunez, Jr.
Brian Hernandez
Iyaury Rodriguez-Rosario
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Three: Use of a Firearm to Commit Murder (18 U.S.C. § 924(j)(1))
Jowenky Nunez, Jr.
Brian Hernandez
Iyaury Rodriguez-Rosario
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Four: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Jowenky Nunez, Jr.
Brian Hernandez
Iyaury Rodriguez-Rosario
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Five: Use of a Firearm to Commit Murder
(18 U.S.C. §§ 924(j)(1) and 2)
Jowenky Nunez, Jr.
Brian Hernandez
Iyaury Rodriguez-Rosario
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Six: Murder in Aid of Racketeering
(18 U.S.C. §§ 1959(a)(1) and 2)
Mayovanex Rodriguez
Death or a Mandatory Minimum Sentence of Life Imprisonment
Count Seven: Use of a Firearm to Commit Murder (18 U.S.C. §§ 924(j)(1) and 2)
Mayovanex Rodriguez
Death or Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Brian Hernandez
Argenis Tavarez
20 years’ Imprisonment
Count Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Brian Hernandez
Argenis Tavarez
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Ten: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jerrin Pena
Brian Hernandez
Argenis Tavarez
20 years’ Imprisonment
Count Eleven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jerrin Pena
Brian Hernandez
Argenis Tavarez
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Twelve: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Sr.
20 years’ Imprisonment
Count Thirteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Sr.
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Fourteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Justin Deaza
Wilson Mendez
20 years’ Imprisonment
Count Fifteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Justin Deaza
Wilson Mendez
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Sixteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Brian Hernandez
20 years’ Imprisonment
Count Seventeen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Brian Hernandez
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Eighteen: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Jr.
Steven Joaquin
Iyaury Rodriguez-Rosario
20 years’ Imprisonment
Count Nineteen: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Jr.
Steven Joaquin
Iyaury Rodriguez-Rosario
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Twenty: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Jr.
Iyaury Rodriguez-Rosario
20 years’ Imprisonment
Count Twenty-One: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii) and 2)
Jowenky Nunez, Jr.
Iyaury Rodriguez-Rosario
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Twenty-Two: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Jr.
20 years’ Imprisonment
Count Twenty-Three: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Jr.
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Twenty-Four: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Jr.
Justin Deaza
20 years’ Imprisonment
Count Twenty-Five: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Jr.
Justin Deaza
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Twenty-Six: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Hugo Rodriguez
20 years’ Imprisonment
Count Twenty-Seven: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Hugo Rodriguez
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Twenty-Eight: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Sr.
20 years’ Imprisonment
Count Twenty-Nine: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Sr.
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Hobbs Act Robbery (18 U.S.C. §§ 1951 and 2)
Jowenky Nunez, Jr.
Jerrin Pena
Elvis Trejo
Steven Joaquin
20 years’ Imprisonment
Count Thirty-One: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Jr.
Jerrin Pena
Elvis Trejo
Steven Joaquin
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Thirty-Two: Attempted Murder and Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3), (a)(5), and 2)
Jowenky Nunez, Jr.
Elvis Trejo
20 years’ Imprisonment
Count Thirty-Three: Possession of a Firearm in Furtherance of a Crime of Violence, which Firearm was Discharged (18 U.S.C. §§ 924(c)(1)(A)(i), (ii), (iii), and 2)
Jowenky Nunez, Jr.
Elvis Trejo
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Thirty-Four: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Wilson Mendez
20 years’ Imprisonment
Count Thirty-Five: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Justin Deaza
20 years’ Imprisonment
Count Thirty-Six: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Justin Deaza
20 years’ Imprisonment
Count Thirty-Seven: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Justin Deaza
20 years’ Imprisonment
Count Thirty-Eight: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Justin Deaza
Wilson Mendez
20 years’ Imprisonment
Count Thirty-Nine: Assault with a Dangerous Weapon in Aid of Racketeering (18 U.S.C. §§ 1959(a)(3) and 2)
Hugo Rodriguez
Elvis Trejo
20 years’ Imprisonment
Count Forty: Conspiracy to Distribute Controlled Substances (21 U.S.C. § 846)
Jowenky Nunez, Jr.,
Jerrin Pena
Justin Deaza
Wilson Mendez
Brian Hernandez
Hugo Rodriguez
Mayovanex Rodriguez
Johann Zapata
Elvis Trejo
Steven Joaquin
Iyaury Rodriguez-Rosario
Jowenky Nunez, Sr.
Argenis Tavarez
Victor Colon
Jose Gutierrez
Nijmah Marte
Life Imprisonment; Mandatory Minimum Sentence of 10 years
Count Forty-One: Possession of a Firearm in Furtherance of a Drug Trafficking Crime (18 U.S.C. §§ 924(c)(1)(A)(i) and 2)
Jowenky Nunez, Jr.,
Jerrin Pena
Justin Deaza
Wilson Mendez
Brian Hernandez
Hugo Rodriguez
Mayovanex Rodriguez
Johann Zapata
Elvis Trejo
Steven Joaquin
Iyaury Rodriguez-Rosario
Jowenky Nunez, Sr.
Argenis Tavarez
Victor Colon
Jose Gutierrez
Nijmah Marte
Life Imprisonment; Mandatory Minimum Sentence of 5 years
Count Forty-Two: Interstate Transportation or Receipt of Firearms (18 U.S.C. §§ 922(a)(3), 924(a)(1), and 2)
Jowenky Nunez, Jr.
Jerrin Pena
Iyaury Rodriguez-Rosario
5 years’ Imprisonment
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Sioux Falls Man Sentenced to 10 Years for Sex Trafficking of a ChildRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Sioux Falls, South Dakota, man convicted of Sex Trafficking of a Child was sentenced on July 27, 2022, by U.S. District Judge Karen E. Schreier.
Robert Eugene Stefani, age 46, was sentenced to 121 months in federal prison, followed by five years of supervised release, and ordered to pay a special assessment to the Federal Crime Victims Fund in the amount of $5,100.
Stefani was indicted by a federal grand jury on July 7, 2021. He pled guilty on March 24, 2022.
The conviction stemmed from incidents between June of 2019 and October 2020. Stefani paid cash to a 15-year-old girl in exchange for sex with him on multiple occasions in Sioux Falls. The meetings between the two were arranged over the internet and the use of cell phones.
This case was investigated by the FBI and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Stefani was immediately remanded to the custody of the U.S. Marshals Service.
Schenectady Man Sentenced to 60 Months for Distributing Heroin and Cocaine BaseRead the Press Release
ALBANY, NEW YORK – Gregory Sherrills, Jr., age 40, of Schenectady, New York, was sentenced today to 60 months in prison for distributing heroin and cocaine base.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Sherrills Jr. admitted to selling heroin and cocaine base to another person on seven occasions between December 2019 and March 2021 at various locations in the city of Schenectady. In total, the defendant distributed approximately 120 grams of heroin and 60 grams of cocaine base. This conviction represented his fourth felony drug conviction.
United States District Judge Mae A. D’Agostino also ordered that Sherrills Jr. serve a 4-year term of supervised release following his release from prison,
This case was investigated by the FBI and the Schenectady Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
San Angelo Tax Preparers Found Guilty of $18 Million Tax FraudRead the Press Release
A federal jury returned a guilty verdict against three San Angelo tax preparers whose fraudulent tax returns cost the IRS roughly $18 million, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Hugo Cesar Granados, the 60-year-old manager of Columbia Tax Service, his adult daughter, Blanca L. Granados, his adult son, Hugo Alberto Granados, and his employee, Saul Garcia-Soto, were indicted in May 2021. Mr. Garcia-Soto pleaded guilty to assisting in the preparation and presentation of false documents on July 12, 2022. The remaining defendants elected to proceed to trial and were convicted Friday evening of conspiracy to defraud the United States and multiple counts of aiding in the preparation and presentation of false documents.
Following the reading of the verdict, all three were immediately remanded into the custody of the U.S. Marshals Service.
“Columbia Tax Service doctored clients’ tax returns to inflate clients’ refunds and line the Granados’s pockets. Such blatant fraud is an affront to all conscientious taxpayers,” said U.S. Attorney Chad Meacham. “As is their right, the Granadoses opted for a trial by jury. We are proud to have obtained a guilty verdict. I’m thankful to the IRS Criminal Investigation agents who ran this case to ground and to the members of the jury, who gave three days of their lives to bring these defendants to justice.”
“When Hugo Cesar Granados, along with his daughter and son, used their family tax return preparation business, Columbia Tax Service, to file false tax returns and make a fast buck, they underestimated the special agents of IRS Criminal Investigation,” said IRS-Criminal Investigation Special Agent in Charge Christopher J. Altemus, Jr., Dallas Field Office. “Let these guilty verdicts be a reminder to others seeking to enrich themselves illegally – IRS CI special agents will find you; they will uncover your fraudulent schemes and hold you accountable.”
At trial, prosecutors introduced evidence that the elder Mr. Granados and his co-conspirators falsified their clients’ individual income tax returns (Forms 1040) in order to inflate the clients’ tax refunds.
They routinely fabricated clients’ Schedule A, itemized deductions, and Schedule C, sole proprietorship profit and loss statements, claiming the taxpayer owned a business when no such business existed, claiming unreimbursed employee expenses such as travel and per diem, and claiming business expenses related to maintenance, utilities, supplies, insurance, and professional services that were never incurred or grossly inflated.
Testimony adduced at trial showed that Columbia Tax Service claimed more than $900,000 in income in 2015 and more than $1.3 million in income in 2016.
Mr. Garcia-Soto testified, saying that in 2016, Columbia Tax employees met with Hugo C. Granados because taxpayers were not receiving their refunds from the IRS. When questioned, the elder Mr. Granados asked the employees if they thought the company was doing something illegal. Mr. Garcia-Soto said that he, Blanca Granados, and Hugo A. Granados all replied that they thought Columbia Tax was doing something illegal. In response, Hugo C. Granados just smiled and turned back to his computer.
In a Skype chat introduced at trial, Blanca Granados wrote to a co-worker: “Fraud is ridiculous here yo . . . I swear.”
Ten taxpayer clients also testified. Two women admitted that they did not operate daycare centers as stated in their returns, but rather cared for family members for free, while a man admitted that his wife did not operate a retail business that generated $19,00 in expenses as stated on the couple’s return.
Prosecutors also introduced into evidence the company’s “tax preparation manual,” a handbook that outlined exactly how to commit fraud.
In discussing preparation of Schedule C of the tax return, the manual stated: “This is where your training and knowledge of income and deductions will make a big difference in the amount of refund the taxpayer will be obtaining. A determination has to be made if the return needs additional income to generate the maximum earned income and other credits or if the return has a substantial amount of income (Adjusted Gross Income) and needs to come down to maximize the earned income and other credits.” In other words, the manual advised tax preparers to manipulate income to maximize refunds rather than referring to the law to determine whether an activity was a business for income tax purposes and whether expenses properly qualified as a business deduction.
Jurors ultimately concluded that the conspirators submitted numerous fraudulent tax returns. Analysts put the estimated tax loss at roughly $18 million for tax years 2013-2017.
Hugo Cesar Granados now faces up to 14 years in federal prison; Blanca Granados faces up to 14 years; Hugo Alberto Granados faces up to 17 years. Their sentencing date has not yet been set.
Saul Garcia-Soto faces up to three years and is slated to be sentenced in October.
The Internal Revenue Service - Criminal Investigations conducted the investigation. The San Angelo Division of the Northern District of Texas, including Assistant U.S. Attorneys Jeffrey Haag, Ann Haag, Amy Burch, and Paulina Jacobo, prosecuted the case.
Rosalia Man Sentenced to Ten Years in Federal Prison and Lifetime Supervised Release for Coercion and Enticement of a MinorRead the Press Release
Spokane – Vanessa R. Waldref, United States Attorney for the Eastern District of Washington, announced today that Philip Marion Harthill, age 74, of Rosalia, Washington, was sentenced in federal court in Spokane for Coercion and Enticement of a Minor. United States Senior District Judge Rosanna Malouf Peterson sentenced Harthill to 120 months to be followed by a life term of supervised release. In announcing the sentence, Judge Peterson emphasized that “the damage to children” caused by Harthill’s crimes is very “real.” Judge Peterson continued, “This is damage they will carry with them for their whole lives – damage to both the children and the families, who are impacted.” Judge Peterson further expressed that a 10-year sentence was necessary notwithstanding Harthill’s age. Harthill had entered a guilty plea on April 19, 2022.
According to court documents, Homeland Security Investigations (HSI) discovered in early 2019 that Harthill was transmitting child pornography online through Skype. Later that year, Harthill began an online chat via social media sites regarding Harthill’s sexual interest in minor children, particularly girls, who were ten-years old and older. During these communications, Harthill used the Kik Messenger to send at least two images containing child pornography. Harthill also used Kik to solicit additional child pornography.
Based on Harthill’s transmittal and solicitation of child pornography, Federal agents executed a search warrant at Harthill’s residence and seized several electronic devices, including Harthill’s laptop computer. On the laptop, investigators discovered 1,455 videos and 531 images of child pornography, including a split-screen video of Harthill sexually interacting with a young child, who stated she was nine years old and lives in another country.
During the investigation, Harthill agreed to speak with law enforcement and admitted to downloading, trading, and viewing child pornography for about five years. Harthill further admitted to sexually communicating online with underage girls, who were between 12 to 15 years old. In his statement, Harthill also admitted he would sometimes falsely portray himself as being 19 years old to his victims.
“This case is a stark reminder that sexual predators do not always fit a specific profile and, in some cases, may be the person you least suspect,” United States Attorney Waldref said. “Mr. Harthill used everyday internet applications like Skype and Kik to exploit the most vulnerable among us.” U.S. Attorney Waldref continued, “Today’s sentence is necessary to prevent Mr. Harthill from harming other children, and it should serve as a warning to those who victimize children: Our office is committed to prioritizing and aggressively pursuing cases involving online predators and holding them accountable for victimizing the most innocent members of our community.”
“Harthill exploited children by sharing their images with other child pornographers around the world,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “The resolve of HSI agents working both in the U.S. and overseas has resulted in a sentence that will hopefully provide some ease to those affected by his horrendous actions and keep Harthill behind bars, not behind a computer.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. The Project Safe Childhood Initiative (“PSC”) has five major components:
· Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
· Participation of PSC partners in coordinated national initiatives;
· Increased federal enforcement in child pornography and enticement cases;
· Training of federal, state, and local law enforcement agents; and
· Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by the Spokane Resident Office of the United States Department of Homeland Security and the Washington State Police. This case was prosecuted by Ann T. Wick, Assistant United States Attorneys for the Eastern District of Washington.
Riverside County Man Pleads Guilty to Federal Criminal Charges for Fraudulently Obtaining $6.6 Million in COVID-Relief Business LoansRead the Press Release
LOS ANGELES – A Corona man pleaded guilty today to federal criminal charges in connection with a scheme to submit false loan applications that brought him more than $6.6 million in Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) funds.
Muhammad Noor Ul Ain Atta, 39, pleaded guilty to a two-count information charging him with wire fraud and laundering of monetary instruments.
According to his plea agreement, Atta submitted 11 fraudulent PPP loan applications for seven of his shell companies. The fraudulent PPP loan applications misrepresented the number of employees and the average monthly payroll expenses of Atta’s companies, and falsely certified he would use the loan proceeds for permissible business purposes. Atta also submitted false tax and payroll documentation in support of his loan applications. In total, Atta received $6,643,540 in loan proceeds even though none of his companies were legitimate recipients of relief funds at that time. Atta then laundered loan proceeds to bank accounts in the United States and Pakistan.
The plea agreement details one PPP loan in which Atta sought $1,267,714 for a company called Envisioning Future Inc. The loan application falsely represented that Envisioning Future had 73 employees and falsely certified Envisioning Future would use the loan proceeds for permissible business purposes, including the payment of payroll and other business-related expenses. The fraudulent application filed on April 10, 2020 was supported by falsified federal tax returns and false payroll data.
About one month later, Envisioning Future received $1,267,140 in loan proceeds, and the following day Atta wired most of the money to his mother’s bank account. Then in June 2020, Atta wired $1.3 million – the majority of which came from the Envisioning Future PPP loan – to a financial institution in Islamabad, Pakistan. According to the plea agreement, the wire transfer details included a note that the wire was “family support.”
United States District Judge Percy Anderson scheduled an October 17 sentencing hearing, at which time Atta will face a statutory maximum penalty of 20 years in prison for each count.
Acting United States Attorney Stephanie S. Christensen, Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, Acting Special Agent in Charge Cory Nootnagel of the Office of the Inspector General for the Board of Governors of the Federal Reserve System and Bureau of Consumer Financial Protection, Special Agent in Charge Ryan Korner of IRS Criminal Investigation, Special Agent in Charge Weston King of the Small Business Administration – Office of Inspector General, and Special Agent in Charge Rod Ammari of the Treasury Inspector General for Tax Administration made the announcement.
Assistant U.S. Attorney Adam P. Schleifer of the Major Frauds Section and Trial Attorneys Jennifer L. Bilinkas and Matthew F. Sullivan of the Justice Department’s Fraud Section are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at (866) 720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Recidivist Drug Dealer Sentenced to 188 Months in Prison for Trafficking Drugs while Serving Community Corrections SentenceRead the Press Release
INDIANAPOLIS – Anthony Sterling, 42, of Indianapolis, was sentenced to 188 months in federal prison after pleading guilty to possession with intent to distribute heroin.
According to court documents, on August 19, 2020, law enforcement officers conducted a compliance check of Sterling at his reported residence in Indianapolis. At the time, Sterling was serving a criminal sentence on community corrections following a conviction in Marion County for dealing in methamphetamine. During a lawful search of the property, law enforcement discovered baggies containing over 200 grams of heroin, an additional bag containing 212 grams lactose used as a cutting agent, a digital scale, and a credit card with residue. Sterling admitted the heroin was his and that he sold it. Sterling has been convicted of at least ten prior felony offenses, including five prior drug trafficking felonies.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana; Michael Gannon, Assistant Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Indianapolis Field Office, and Chief Randal Taylor of the Indianapolis Metropolitan Police Department (IMPD) made the announcement.
DEA and IMPD investigated the case. The sentence was imposed by U.S. District Chief Judge Tanya Walton Pratt. As part of the sentence, Judge Pratt ordered that Sterling be supervised by the U.S. Probation Office for four years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Pamela S. Domash who prosecuted this 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 make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
Ramsey Felon Indicted for Violent Carjacking, Firearms ViolationsRead the Press Release
MINNEAPOLIS – A federal grand jury returned an indictment against a Ramsey man for an armed carjacking and possession of a firearm as a felon, announced U.S. Attorney Andrew M. Luger.
According to court documents, on June 4, 2022, Joshua Gunnar Olson, 31, armed with a Glock 19 9mm handgun, used force, violence, and intimidation to steal a black 2011 Dodge Grand Caravan from the vehicle’s owner. Olson has multiple prior felony convictions in Cass, Crow Wing, and Aitkin Counties and is therefore prohibited from possessing firearms or ammunition at any time.
Olson is charged with one count of carjacking, one count of possessing a firearm as a felon, and one count of brandishing a firearm during and in relation to a crime of violence. He made his initial appearance in U.S. District Court on August 1, 2022, before Magistrate Judge John Docherty.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnesota State Patrol, the Anoka Police Department, the Ramsey Police Department, the Elk River Police Department, the Champlin Police Department, the Ramsey County Sheriff’s Office, and the Anoka County Sheriff’s Office.
Assistant U.S. Attorney Emily A. Polachek 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.
Philadelphia Man Sentenced to Eleven Years for 2018 South Philadelphia Home Invasion Robbery and Assault of Owners’ Teenage DaughterRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Shaquan Johnson, 23, of Philadelphia, PA, was sentenced to 11 years in prison, five years of supervised release, and ordered to pay $1,000,000 in restitution by United States District Court Judge R. Barclay Surrick for his participation in a home invasion robbery during which the defendant and his accomplices victimized the homeowners’ teenage daughter and stole approximately $1 million in currency and jewelry, and for smuggling contraband into federal prison while he was detained for the robbery.
In March 2022, the defendant pleaded guilty to charges of conspiracy to commit Hobbs Act robbery, Hobbs Act Robbery and brandishing a firearm during the commission of a violent crime in connection with the robbery incident in August 2018. According to court documents, Johnson and three co-defendants victimized the 17-year-old girl in her home while stealing the cash and valuables owned by her parents. Specifically, while she lay sleeping around midnight, the men entered her bedroom, pulled her from her bed, and struck her several times. They then held her at gunpoint and robbed her family of their life savings—the proceeds of their restaurant business a block-and-a-half away on Washington Avenue in South Philadelphia.
Further, while detained for the robbery charge in the Federal Detention Center in Philadelphia, the defendant was charged with using an infant to illegally bring narcotics and a cell phone into the prison. In March 2022, the defendant pleaded guilty to two counts of obtaining contraband in prison.
“Mr. Johnson and his accomplices not only victimized a family by violating the sanctity of their home and stealing the life savings for which they worked very hard, they also physically assaulted their daughter while they thought she was safely at home in her bed,” said U.S. Attorney Romero. “I imagine it will take many years for this family to feel whole and secure again. Spending more than a decade in prison will give the defendant some time to reflect on the damage his crimes caused, and serve as a warning to others who might be considering engaging in similar behavior.”
“Thanks to the diligent work of the investigators and prosecutors assigned to this case, the victims finally have justice for this horrific crime,” said Matthew Varisco, Special Agent in Charge of ATF’s Philadelphia Field Division. “ATF works tirelessly with the Philadelphia Police Department and United States Attorney’s Office to keep the public safe from this type of violence. Today, the community is safer knowing this violent individual will be behind bars for a long time.”
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorneys Anthony Carissimi and Sarah Damiani.
Pharmacy owner and accountant indicted again in $150M scamRead the Press Release
HOUSTON – Two Houston area men face new charges in nationwide pharmacy health care fraud scheme that that targeted elderly citizens, announced U.S. Attorney Jennifer B. Lowery.
Mohamed Mokbel, 57, and Fathy Elsafty, 63, both of Houston, are expected to make their initial appearances before U.S. Magistrate Judge Yvonne Ho today at 2 p.m.
The 18-count superseding indictment, returned July 20, alleges that from 2013 to January 2022, Mokbel and ElSafty conspired to commit a $150 million mail fraud and health care fraud scheme and engaged in money laundering with the fraud proceeds. Mokbel is also alleged to have continued the fraud scheme at MK Pharmacy, a Houston area pharmacy, from April 2021 through January 2022. During this time, he had been permitted release on bond after the return of the original indictment in March 2021.
Mokbel was the CEO of 4M Pharmaceuticals Inc., according to the charges. With ElSafty’s assistance, he allegedly acquired and controlled over a dozen pharmacies that operated in Houston and elsewhere. The indictment alleges Elsafty served as 4M’s accountant and tax preparer and had ownership interests in several pharmacies located in California, Texas and Florida. ElSafty allegedly aided Mokbel by falsifying corporate filings and concealing Mokbel’s involvement in the pharmacies.
The fraud was pervasive and carried out using a sophisticated mass marketing scheme targeting individuals over the age of 55 using telemarketing and mail, according to the charges. Mokbel is alleged to have purchased patient data and directed 4M Pharmaceuticals’ employees to submit test claims to patient insurance plans to determine insurance coverage.
4M then allegedly sent prescription fax requests to doctors’ offices on behalf of the patients without their knowledge or consent. In some cases, 4M requested prescriptions for patients who had been dead for months, if not years, according to the allegations.
Company employees then allegedly called patients to report their doctor had approved prescriptions for them and that they would receive the medications at no cost. However, Medicare and other insurance plans often required a copay which 4M did not collect, according to the charges. When audited, 4M allegedly falsified proof of the copay collection.
Mokbel and ElSafty are charged with one count of a conspiracy to commit mail and health care fraud, two counts of health care fraud and 15 counts of money laundering.
If convicted of the conspiracy, they face up to 20 years in prison, while the health care violations carry a 10-year-term. Money laundering also carries a potential 10-year sentence. The use of telemarketing to target people over 55 as a means to commit mail fraud and health care fraud carries an additional penalty of 10 years. Fines could also be assessed in the amounts of $250,000 or not more than twice the amount of the criminally derived property involved in the transaction.
Department of Health and Human Services - Office of Inspector General, Food and Drug Administration - Office of Criminal Investigations, Homeland Security Investigations, FBI, Texas Attorney General’s Medicaid Fraud Control Unit, IRS - Criminal Investigation, Ohio Medicaid Fraud Control Unit, Texas State Board of Pharmacy, United States Postal Inspection Service and California Department of Health Care Services, conducted the joint investigation.
Special Assistant U.S. Attorney Abdul Farukhi and Assistant U.S. Attorney Zahra Fenelon are prosecuting the case. Assistant U.S. Attorney Kristine Rollinson is assisting with asset forfeiture.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Peculiar Business Owner Pleads Guilty to Tax EvasionRead the Press Release
KANSAS CITY, Mo. – The owner of a Peculiar, Mo., business pleaded guilty in federal court today to tax evasion.
Jason Rigoli, 42, waived his right to a grand jury and pleaded guilty before U.S. District Judge Stephen R. Bough to a federal information that charges him with one count of tax evasion.
Rigoli, who has owned and operated Granite Construction Services, LLC, since 2006, admitted that he has not filed a federal personal, business, or employment tax return since at least 2013. Rigoli also failed to pay state income taxes, state employment taxes, workers’ compensation taxes and unemployment taxes.
As part of his scheme, Rigoli used his business bank accounts for all his personal expenses. Rigoli used proceeds of his tax fraud to pay for travel, restaurant meals, and liquor.
Rigoli falsely told IRS agents that he always paid his employees by check. Rigoli also falsely told IRS agents that he paid his employees “by 1099,” when in fact, Rigoli often paid employees with cash and filed no Forms W-2 or Forms 1099 for his employees.
Under the terms of today’s plea agreement, Rigoli must pay restitution to the IRS in the amount to be determined by the court at sentencing. Rigoli must pay $10,188 in restitution for unpaid employment taxes. The government may argue at the time of sentencing that the attempted loss from Rigoli’s criminal scheme totaled $250,000 to $550,000.
Under federal statutes, Rigoli is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS-Criminal Investigation.
Pearl Woman Sentenced to 37 months in Prison and over $590,000 in Restitution for Manslaughter on the Natchez TraceRead the Press Release
Jackson, Miss. – A Pearl woman was sentenced to 37 months in prison and ordered to pay over $590,000 in restitution for involuntary manslaughter on the Natchez Trace Parkway, announced U.S. Attorney Darren J. LaMarca.
According to court documents, Jill L. Godbold, 43, was driving while intoxicated on the Natchez Trace Parkway in August of 2019 when she crossed the center line and struck another vehicle head on. The driver of that vehicle was killed because of injuries sustained in the crash. The victim was a nurse and mother of two children.
Godbold pled guilty on September 14, 2021, to involuntary manslaughter.
The case was investigated by the National Park Service.
Assistant U.S. Attorney Clay B. Baldwin prosecuted the case.
Owner of Three Casa Don Juan Restaurants Pleads Guilty to Tax EvasionRead the Press Release
A Nevada restaurant owner pleaded guilty today to tax evasion.
According to court documents and statements made in court, Raul Gil, 63, owned and operated three Casa Don Juan restaurants in Las Vegas. From 2014 through 2018, Gil directed his bookkeeper to prepare false books and records for Gil’s restaurants that underreported cash sales at the restaurants by approximately $5.1 million. Gil then provided the false records to his tax return preparer, who annually prepared the Casa Don Juan corporate tax returns and Gil’s individual tax returns. As a result, the Casa Don Juan corporate tax returns were false for each of these years. Because the restaurant profits flowed through to Gil personally, his individual income tax returns for these years were false as well. Finally, because Gil directed the three restaurants to underreport their total sales, the Nevada sales tax returns for the restaurants also were false during these years.
In July 2018, the IRS initiated an audit of Gil. During the audit, Gil instructed his accountant to provide to the IRS false profit and loss statements that matched the figures reported on the tax returns. Gil also directed his bookkeeper to provide to the IRS false daily cash and sales reports purportedly printed from the restaurants’ point-of-sale systems. During interviews with the IRS, Gil falsely stated to the revenue agent conducting the audit, and later to IRS-Criminal Investigation special agents, that the falsified daily cash reports and point-of-sale records were accurate.
In total, Gil caused a tax loss to the IRS of approximately $1.6 million.
“Owners of restaurants that conduct a large number of cash transactions have to report all of their income, just like everyone else,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “We will investigate and prosecute those who shortchange their honest competitors and fellow citizens by willfully evading these laws.”
“In today’s challenging economic environment, it’s more important than ever that the American people feel confident that everyone is playing by the rules and paying the taxes they owe,” said IRS-Criminal Investigation Special Agent in Charge Albert Childress. “Those Americans who file accurate, honest and timely returns can be assured that the government will hold accountable those who don’t.”
Gil is scheduled to be sentenced on November 10 and faces a maximum sentence of five years in prison for tax evasion. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Thomas Flynn and Jacob Green of the Tax Division and Assistant U.S. Attorney Eric Schmale of the U.S. Attorney’s Office for the District of Nevada are prosecuting the case. Former Trial Attorneys Michael Landman and Stephen Moulton of the Tax Division also provided valuable assistance.
Owner and Salesman at RC Auto Sales in Connellsville Indicted in Scheme to Defraud Pandemic Loan and Benefits ProgramsRead the Press Release
PITTSBURGH, PA - Two residents of Connellsville, Pennsylvania have been indicted by a federal grand jury in Pittsburgh on charges of mail fraud and conspiracy to commit mail and bank fraud, United States Attorney Cindy K. Chung announced today.
The five-count Indictment named Joshua Dewitt, 36, and Terrence Newmeyer Jr., 45, both of Connellsville, PA, as defendants.
According to the Indictment, DeWitt was the owner of RC Auto Sales in Connellsville, Fayette County, where he employed Newmeyer. Together, DeWitt and Newmeyer filed a series of fraudulent applications for Pandemic Unemployment Assistance benefits and Paycheck Protection Program loans, including on behalf of customers of RC Auto Sales. DeWitt and Newmeyer used the fraudulently obtained pandemic benefits to benefit themselves and RC Auto Sales, by—among other things—accepting them as payment for vehicles and services sold by RC Auto Sales.
“The Pandemic Unemployment Assistance Program and the Payroll Protection Program were created to provide emergency financial assistance to eligible individuals and companies that were suffering from the negative economic effects of the COVID-19 pandemic,” said U.S. Attorney Chung. “We will continue to work with our law enforcement partners to disrupt these fraud schemes and prosecute people who exploit these programs for personal enrichment.”
“An important part of the mission of the Office of Inspector General is to investigate allegations of fraud related to unemployment insurance programs. We will continue to work with the Pennsylvania Department of Labor and Industry and our law enforcement partners to investigate these types of allegations,” stated Syreeta Scott, Special Agent-in-Charge of the Philadelphia Region, U.S. Department of Labor Office of Inspector General.
“The Pennsylvania State Police is committed to thoroughly investigating any type of insurance and other government funding fraud. The Pandemic Unemployment Assistance benefits and Paycheck Protection Program loans were intended for individuals at a time of need, and the residents of Pennsylvania should be angry with the criminal activity uncovered during this extensive investigation,” said Captain James Cuttitta, Special Investigations Division, Pennsylvania State Police, Bureau of Criminal Investigation. “This indictment is a culmination of extremely hard work by our Troopers in our continuing partnership with the Pennsylvania Department of Labor and Industry, the United States Department of Labor Office of the Inspector General, the Fayette County District Attorney’s Office and the United States Attorney’s Office.”
Fayette County District Attorney Richard Bower added, “This matter was a two-year investigation in conjunction with the Pennsylvania State Police and the U.S. Dept. of Labor. The prosecution team of myself, Assistant District Attorney Sean Lementowski and Assistant District Attorney William Martin, developed a thorough and detailed case against Joshua Dewitt, Terrence Newmeyer, and RC Auto Sales of Connellsville, PA., for Corrupt Organization, Dealing in Illegal Proceeds, and Theft. As a result of the investigation, I contacted the United States Attorney, Cindy K. Chung, for her office to review the investigation. Thereafter, the United States Attorney agreed to prosecute the matters.”
The law provides for a maximum total sentence of 30 years in prison, a fine of $1 million or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Jeffrey R. Bengel is prosecuting this case on behalf of the government.
The United States Department of Labor Office of the Inspector General, Pennsylvania State Police, Special Investigations Division, Bureau of Criminal Investigation, and the Fayette County District Attorney’s Office conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Norwich Man Sentenced to 5 Years for Distributing Drugs and Possessing Gun on Supervised ReleaseRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that ANTOINE WALKER, 42, of Norwich, was sentenced yesterday by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by four years of supervised release, for drug and firearm offenses, and for violating the conditions of his supervised release from a prior federal conviction.
According to court documents and statements made in court, in 2020, Norwich Police conducting a drug trafficking investigation made two controlled purchases of crack from Walker. On June 10, 2020, investigators conducted a court-authorized search of Walker’s home and, in the garage, found approximately 114 grams of heroin, nearly two pounds of marijuana, items used to process and package drugs for street sale, and a loaded .38 Special Smith and Wesson revolver. A search of the residence revealed approximately 15 grams of crack cocaine together with a digital scale. Walker was arrested on state charges at that time. He was arrested on federal charges on June 12, 2020.
Walker was on federal supervised release at the time of the offense. In 2013, Walker was sentenced in the Southern District of New York to 80 months of imprisonment and three years of supervised release for armed robbery and bank robbery offenses.
Walker has been detained since June 12, 2020. On May 9, 2022, he pleaded guilty to one count of possession with intent to distribute heroin, cocaine base (“crack”) and marijuana, and one count of unlawful possession of a firearm by a felon.
This investigation was conducted by the Federal Bureau of Investigation and the Norwich Police Department. The case was prosecuted by Assistant U.S. Attorney Margaret M. Donovan.
New York man whose behavior caused flight to be diverted to St. Louis sentenced to 40 days in jail, $8,000 in restitutionRead the Press Release
ST. LOUIS – U.S. District Judge John A. Ross on Tuesday sentenced a New York man to 40 days in jail for causing a Las Vegas-bound American Airlines flight to be diverted to St. Louis in 2020 and ordered him to pay $8,000 to the airline.
James Patrick Maloney Jr., 37, of Honeoye, in upstate New York, pleaded guilty in April to one felony count of interference with crew members by assault.
The incident on the Sept. 12, 2020 flight from Charlotte to Las Vegas began when a flight attendant spotted Maloney with his mask off, drinking a beer he had not purchased on the plane. Maloney admitted in his plea that he responded to the attendant’s request to put on his mask with expletives and racial epithets. When the flight crew handed the defendant a final written warning, he told them that he would crumple up their warning and throw it their face.
After Maloney returned from a trip to the bathroom, he became very agitated when he did not see his girlfriend, got into an argument with a flight attendant and then lunged at and attempted to strike a flight attendant, his plea says. Maloney’s girlfriend grabbed him before he touched the flight attendant, however.
The plane was then diverted to St. Louis, where Maloney was arrested. Maloney yelled and cursed at airport police when they put him into their car in handcuffs to take him to the station, Maloney’s plea says.
In addition to the jail time, Judge Ross banned Maloney from using alcohol, ordered him to perform 100 hours of community service and ordered him to undergo substance abuse testing and treatment and mental health counseling.
The $8,000 in restitution represents some of the costs and fees the airline incurred due to the delay caused by Maloney’s behavior.
In court Tuesday, Judge Ross called Maloney’s behavior “outrageous” and said passengers could not have known whether his conduct would escalate to endanger their lives. “The terror that people had to feel – it’s inexcusable,” he said.
The case was investigated by the St. Louis Lambert Airport Police Department and the FBI. Assistant U.S. Attorney Colleen Lang prosecuted the case.
New York Man Sentenced to 47 Months in Prison for Role in Conspiracy to Distribute Heroin and Fentanyl from Drug Mill in the BronxRead the Press Release
NEWARK, N.J. – A Bronx, New York, man was sentenced today to 47 months in prison for participating in a conspiracy to distribute heroin and fentanyl from a drug mill in the Bronx to locations in New Jersey, U.S. Attorney Philip R. Sellinger announced.
Reimon Genao Rosario, 25, previously pleaded guilty before U.S. District Judge Esther Salas to an indictment charging him with one count of conspiracy to distribute 400 grams or more of a mixture and substance containing fentanyl. Judge Salas imposed the sentence today in Newark federal court.
Dilson Vazquez Genao, 25, Eddie Urena Rodriguez, 37, Francisco Mercedes Gil, 33, Daury Contreras Ulerio, aka “Majimbou,” 37, and Jose Antonio Vazquez Pena, aka “Tono,” 49, all of the Bronx, all have previously pleaded guilty before Judge Salas to the same charges.
One other individual – Jhan Carlos Capellan Maldonado, 33 – was indicted on the same charge as Rosario in August 2019. His case is pending.
According to documents filed in this case and statements made in court:
In early February 2019, law enforcement officers learned that Maldonado used an apartment in the Bronx to store, mix, and package heroin and fentanyl in distribution quantities. Pena stayed at the apartment in order to safeguard the narcotics and narcotics supplies. Maldonado employed five workers at a time – including Rodriguez, Ulerio, Rosario, Gil, and Genao – to assist in preparing the heroin and fentanyl for distribution, which Maldonado then distributed to customers in New Jersey.
On Feb. 25, 2019, law enforcement officers saw Maldonado drive to a retail store and emerge with several full shopping bags and then drive to the apartment. Genao came out of the building and met with Maldonado, who got out of his vehicle and gave Genao the plastic shopping bags. Law enforcement officers later learned that the plastic shopping bags contained materials to package heroin and fentanyl.
Genao went back inside the building and was followed by law enforcement officers, who watched as Genao entered Maldonado’s apartment with a key, still carrying the shopping bags. On Feb. 27, 2019, law enforcement officers searched Maldonado’s apartment and found seven individuals inside, including Rodriguez, Ulerio, Rosario, Gil, Maldonado, Pena, and Genao. All seven defendants attempted to escape out a window, and all but one –Rosario – were apprehended and arrested by law enforcement officers waiting outside. Rosario was arrested at a later date. Law enforcement officers recovered nearly a kilogram of fentanyl from the apartment, along with materials to grind and package fentanyl for distribution.
U.S. Attorney Sellinger credited the U.S. Department of Homeland Security, Homeland Security Investigations, New Jersey Division, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jason S. Gould, Chief of the Health Care Fraud Unit in Newark.
The charge and allegations against Maldonado are merely accusations, and he is presumed innocent unless and until proven guilty.
Nevada Man Found Guilty of Threatening a WitnessRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Las Vegas, Nevada, man was convicted of Obstructing Justice by Retaliating Against a Witness following a federal court trial held in Rapid City, South Dakota.
Edward Martin, age 50, was charged in December of 2021. The conviction stems from Martin threatening an individual who had provided information to law enforcement about a drug conspiracy in which Martin was involved. Martin made threatening comments to the individual in an attempt to dissuade the individual from testifying against Martin’s co-conspirators in pending federal criminal proceedings.
The investigation was conducted by the South Dakota Division of Criminal Investigation and the Drug Enforcement Administration. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Martin faces a potential custody sentence of up to 20 years in federal prison. A sentencing date has not been scheduled.
Monongalia County woman admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Tara Morgan, of Morgantown, West Virginia, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.
Morgan, 49, pleaded guilty today to one count of “False Statement in Connection with the Acquisition of Firearms.” Morgan admitted to working with another to make false statements to purchase a firearm from a licensed dealer in May 2020 in Monongalia County.
Morgan faces up to 10 years of incarceration and fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Monmouth County Company Agrees to $7.6 Million Judgment for Violating False Claims Act; Owners and Related Company to Pay $375,000Read the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, company will pay $7.6 million under a consent judgement for its role in making false statements to obtain government contracts that were set aside for businesses owned and controlled by service-disabled veterans, U.S. Attorney Philip R. Sellinger announced today.
As alleged in the government’s complaint:
VE Source LLC, based in Shrewsbury, New Jersey; the company’s owners, Sherman Barton and Christopher Neary; and a related entity, Vertical Source LLC, defrauded the federal government by falsely claiming that VE Source was eligible for government contracts that were set aside for companies owned and controlled by service-disabled veterans. VE Source obtained contracts from the U.S. Department of Agriculture (USDA) and the Defense Logistics Agency (DLA), a component of the U.S. Department of Defense, totaling more than $16.5 million. By obtaining contracts for which they were ineligible, the government alleged that VE Source, Neary, and Barton undercut the express Congressional purpose in enacting laws intended to encourage the awards of federal contracts to businesses owned and controlled by service-disabled veterans.
In the resolution announced today, VE Source agreed to a consent judgment for $7.6 million in conjunction with its role in the scheme. The United States entered a separate settlement agreement with Neary, Barton, and Vertical Source, under which Neary will pay $120,000, Barton will pay $75,000, and Vertical Source will pay $180,000 to resolve claims made in a civil lawsuit filed by the United States under the False Claims Act.
U.S. Attorney Sellinger credited special agents of the General Services Administration, Office of Inspector General, New York Field Investigations Office, under the direction of Special Agent in Charge Joseph Dattoria; the U.S. Department of Agriculture, Office of Inspector General, Northeast Region, under the direction of Special Agent in Charge Bethanne M. Dinkins; and the Defense Criminal Investigative Service, Northeast Field Office, under the direction Special Agent in Charge Patrick J. Hegarty, with the investigation leading to this resolution.
The government is represented by Assistant U.S. Attorneys David V. Simunovich and Mark C. Orlowski of the Health Care Fraud Unit in Newark.
The lawsuit resolved through this agreement is captioned United States v. Neary et al., Civil Action No. 20-14167 (D.N.J.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Mid-State Trio Charged in Conspiracy to Steal Firearms from Licensed Federal Firearms DealersRead the Press Release
NASHVILLE – Three Nashville area men were indicted yesterday in a conspiracy to steal firearms from a federal firearms licensee (FFL), announced U.S. Attorney Mark H. Wildasin.
Tyler Cunningham, 22, Ryan Dillard, 36, and Corey Summers, 23, are also charged with possession of stolen firearms and Dillard is charged with being a convicted felon in possession of a firearm. Cunningham and Dillard are currently in custody and Summers is currently being sought by law enforcement.
According to the indictment, the trio burglarized an automotive repair shop in Middle Tennessee and stole a truck to use in the burglary of an FFL. The indictment alleges that on July 8, 2022, the defendants burglarized a firearms dealer in Greenbrier, Tennessee, and stole nine firearms, and on July 14, 2022, they burglarized a firearms dealer in Woodbury, Tennessee, where they stole 28 firearms. The indictment further alleges that the defendants offered to sell the stolen firearms to a third party.
If convicted, the defendants face up to five years in prison on the conspiracy charge and up to 10 years in prison on each theft and possession charge. Additionally, Dillard faces up to 15 years on the felon in possession charge.
Anyone with information on the whereabouts of Corey Summers or with additional information about these crimes should contact ATF at (888) ATF-TIPS (1-888-283-8477).
Information can also be sent to [email protected] through ATF’s website at www.atf.gov/contact/atftips .
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives; the Greenbrier Police Department; the Rutherford County Sheriff’s Office; the Cannon County Sheriff’s Office; the Wilson County Sheriff’s Office; the Robertson County Sheriff Office; the Tennessee Highway Patrol; the Metropolitan Nashville Police Department; and the Middle Tennessee State University Police Department. Special Assistant U.S. Attorney Steven T. Brantley is prosecuting the case.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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Mexican National Living in New York Charged with Unlawful Transportation of Individuals in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Marco Salvedra-Espinoza (also known as Marco Saavedra Espinosa), 42, of the Bronx, New York, appeared today in federal court on a charge alleging that, on or about July 27, 2022, he unlawfully transported individuals he knew to have entered the United States illegally. Upon the motion of the United States, U.S. Magistrate Judge Kevin J. Doyle ordered Salvedra-Espinoza detained pending further proceedings in the case.
According to public documents in the case, on the night of July 27, 2022, an agent with the United States Border Patrol was patrolling an area of the international border with Canada and stopped a vehicle registered to a rental company with Virginia-based plates. The driver, Salvedra-Espinoza, claimed he was in the area to pick up friends. Further investigation showed that Salvedra-Espinoza is a Mexican national who had been previously removed from the United States and that he did not have current legal status in the United States. The two back-seat passengers were also identified as Mexican citizens, and they ultimately admitted they had just entered the United States illegally from Canada after paying thousands of dollars to be smuggled into the country. The passengers have been charged with illegal entry into the United States, a misdemeanor, in a related case.
The U.S. Attorney’s Office notes that a criminal complaint is an accusation only and that the defendant is presumed innocent until and unless proven guilty. As currently charged, Salvedra-Espinoza would face up to 5 years of imprisonment if convicted. Any sentence in the case will be advised by the United States Sentencing Guidelines.
U.S. Attorney Nikolas Kerest credited the agents of the United States Border Patrol for their investigation of Salvedra-Espinoza and their continued efforts to prevent the exploitation of foreign nationals by human-smuggling organizations.
Assistant U.S. Attorney Matthew Lasher represents the United States in this case. Salvedra-Espinoza is represented by Kevin Henry, Esq.
Mesquite Meth Trafficker Sentenced to 11+ YearsRead the Press Release
A Mesquite methamphetamine trafficker was sentenced Tuesday to more than 11 years in federal prison, announced U.S. Attorney for the Northern District of Texas.
John Alex Vigil was indicted in February 2021. He pleaded guilty in January 2022 to possession with intent to distribute a controlled substance and was sentenced by Chief U.S. District Judge Barbara M.G. Lynn to 140 months in federal prison.
According to court documents, Mr. Vigil met with an undercover agent in a gas station parking lot in Mesquite on three occasions, selling him more than 100 grams of methamphetamine each time.
During a search of his residence, agents recovered more than 1 ½ pounds of methamphetamine and more than 50 rounds of ammunition.
The Bureau of Alcohol, Tobacco, Firearms, & Explosives’ Dallas Field Division conducted the investigation. Assistant U.S. Attorney Phelesa Guy prosecuted the case.
Meridian Man Pleads Guilty to Possession of an Unregistered Short-Barreled ShotgunRead the Press Release
Jackson, Miss. – A Meridian man pled guilty today to possession of an unregistered short-barreled shotgun, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Edward Tyrone Walker, 43, possessed a shotgun which had a barrel of less than 18 inches in length that was not registered to him in the National Firearms Registration and Transfer Record. Officers of the Meridian Police Department were conducting an unrelated investigation at a convenience store and discovered evidence showing that Walker had possession of a short-barreled shotgun. Walker was interviewed and admitted to possessing the shotgun. Further investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) revealed that the short-barreled shotgun was not registered. Federal law requires such weapons to be registered in the National Firearms Registration and Transfer Record.
Walker pleaded guilty to a violation of Title 26, United States Code, Section 5861(d) which criminalizes the possession of certain firearms unless they are properly registered. He is scheduled to be sentenced on November 9, 2022, and faces a maximum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Meridian Police Department and the ATF are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Justice Department Sues Idaho to Protect Reproductive RightsRead the Press Release
The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.
The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland. “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.”
“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”
EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.
As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient.
Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it.
The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.
Justice Department Seeks Seizure of Boeing 747 Cargo Plane Grounded in ArgentinaRead the Press Release
The U.S. Department of Justice transmitted a request to Argentinian authorities today to seize a Boeing 747-300M cargo plane following the unsealing of a seizure warrant in the U.S. District Court for the District of Columbia. The warrant, which was issued on July 19, 2022, alleges that the U.S.-made plane is subject to forfeiture based on violations of U.S. export control laws related to the unauthorized transfer of the plane from Mahan Air, an Iranian airline affiliated with the Islamic Revolutionary Guard Corp-Qods Force (IRGC-QF), a designated terrorist organization, and Empresa de Transporte Aéreocargo del Sur, S.A. (EMTRASUR), a Venezuelan cargo airline and subsidiary of Consorcio Venezolano de Industrias Aeronáuticas y Servicios Aéreos, S.A (CONVIASA), a Venezuelan state-owned company.
In 2008, the Department of Commerce issued, and has since periodically renewed, a Temporary Denial Order prohibiting Mahan Air from, among other things, engaging in any transaction involving any commodity exported from the United States that is subject to the Export Administration Regulations. As alleged in the seizure warrant, in or around October 2021, Mahan Air violated the Temporary Denial Order and U.S. export control laws when it transferred custody and control of the Boeing aircraft to EMTRASUR without U.S. Government authorization. Additional violations of U.S. export control laws subsequently occurred between February and May 2022 when EMTRASUR reexported the aircraft between Caracas, Venezuela; Tehran, Iran; and Moscow, Russia, without U.S. Government authorization.
Further, as alleged in the seizure warrant, in June 2022, Argentinian authorities detained the flight crew of the Boeing aircraft, including five Iranians. The registered captain of the aircraft was identified as an ex-commander for the IRGC and a shareholder and member of the board of Iranian airline Qeshm Fars Air. Argentinian law enforcement also searched the aircraft and found a Mahan Air flight log documenting the aircraft’s flights after the unlawful transfer to EMTRASUR, including a flight to Tehran, Iran, in April 2022. Mahan Air was designated in 2011 by the U.S. Department of the Treasury’s Office of Foreign Asset Control (OFAC) for providing material support to the IRGC-QF, and Qeshm Fars Air was designated in 2019 for being controlled by Mahan Air and for providing material support to the IRGC-QF.
In addition, CONVIASA, EMTRASUR’s parent company, was designated by OFAC in 2020, and its fleet was blocked pursuant to Executive Order in 2019. Concurrent with today’s action, the Department of Commerce issued a Temporary Denial Order denying the export privileges of EMTRASUR for 180 days with the possibility of renewal.
“The Department of Justice will not tolerate transactions that violate our sanctions and export laws,” said Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division. “Working with our partners across the globe, we will give no quarter to governments and state-sponsored entities looking to evade our sanctions and export control regimes in service of their malign activities.”
“The seizure of this aircraft demonstrates our determination to hold accountable those who seek to violate U.S. sanctions and export control laws,” said U.S. Attorney Matthew M. Graves for the District of Columbia. “We will aggressively seek to prevent sanctioned entities from gaining access to America-made items or profiting from their illegal transfer. Working with our federal and international partners, we will be unflagging in our efforts to bring to justice those who violate these sanctions and to seize assets where appropriate and lawful.”
“Today’s coordinated actions target the unlawful transfer of an Iranian cargo plane to a Venezuelan airline and the airline’s subsequent operation of that plane in violation of our rules,” said Assistant Secretary of Export Enforcement Matthew S. Axelrod of the U.S. Department of Commerce’s Bureau of Industry and Security. “We will continue to take significant and direct enforcement action against foreign airlines operating U.S.-origin aircraft in violation of U.S. export controls.”
“This seizure demonstrates the FBI’s persistence in using all of our tools to hold the Iranian Government and affiliated individuals and companies accountable when they violate U.S. laws,” said Acting Assistant Director of Counterterrorism Kevin Vorndran of the FBI. “The FBI, along with our international partners, will continue to seek out those individuals who contribute to the advancement of Iran’s malign activities and ensure they are brought to justice, regardless of where, or how, they attempt to hide.”
This matter is being investigated by the Department of Commerce, Bureau of Industry and Security’s Miami Field Office and the FBI Miami Field Office.
Assistant U.S. Attorney Rajbir Datta of the U.S. Attorney’s Office for the District of Columbia, Assistant U.S. Attorney Andy Camacho of the Southern District of Florida, and Trial Attorney Elizabeth Abraham of the Counterintelligence and Export Control Section are handling the seizure and investigation, with assistance from Paralegal Specialist Brian Rickers and Legal Assistant Jessica McCormick. The Justice Department’s Office of International Affairs provided significant assistance in working with the Argentinian authorities.
JetPhotos A photograph of the TARGET Aircraft from Sept. 6, 2019 with the Mahan Air livery and logo. JetPhotos A photograph of the TARGET Aircraft from Jan. 23, 2022 with the EMTRASUR livery and logo.Justice Department Officials Join Citywide Kick-Off for National Night Out CelebrationsRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia today joined community and law enforcement partners in celebrating National Night Out, with U.S. Attorney Matthew M. Graves and Assistant Attorney General Kenneth A. Polite, Jr. attending the District of Columbia’s kick-off event in Northeast Washington.
Community organizers, neighbors, and law enforcement turned out for the event at Lincoln Park and at other locations throughout the city. The Metropolitan Police Department (MPD) organized the events in each of the District of Columbia’s seven police districts. Assistant Attorney General Kenneth A. Polite, Jr., who leads the Justice Department’s Criminal Division, was among numerous law enforcement and government officials who joined U.S. Attorney Graves in commemorating the night in the District of Columbia.
“Our mission in law enforcement is to serve the community, and the best way to do that is by working together with people at the neighborhood level across the District of Columbia,” said U.S. Attorney Graves. “Tonight is a special evening to recognize the importance of these ties and to demonstrate that all of us are determined to make our city a safer place.”
“Keeping communities safe is a top priority for the Department of Justice,” said Assistant Attorney General Polite. “Law enforcement is most effective when it has the trust of the communities that we serve. Events like National Night Out lead to meaningful and positive engagement between law enforcement and the community, and strengthens those bonds.”
Across the nation, senior Justice Department officials and U.S. Attorneys are taking part in a Department-wide effort to bring attention to events that build stronger community-police relations. Attorney General Merrick B. Garland attended events in Baltimore, while Deputy Attorney General Lisa O. Monaco attended National Night Out events in Charleston, S.C.
Established in 1984 from a Department of Justice Bureau of Justice Assistance grant, the goal of National Night Out is to build relationships with and between communities and law enforcement. National Night Out promotes police-community partnerships and neighborhood camaraderie to make our neighborhoods safer, better places to live. In most areas of the country, the program occurs annually on the first Tuesday of August.
Jackson County Man Sentenced to 15 Years in Prison for Two Bank RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Jackson County man in connection with two bank robberies, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Anna M. Manasco sentenced John Lance Cameron, 58, of Dutton, Alabama, to 188 months in prison. Cameron pleaded guilty to two counts of bank robbery in March.
“We are grateful for the coordinated efforts of the Hoover, Trussville, and Birmingham Police Departments and the FBI in tracking down this defendant and securing the evidence against him,” said U.S. Attorney Escalona. “Focusing on the most violent repeat offenders, we will continue to work with law enforcement partners to make our communities and individuals who are impacted by violent crimes safer.”
“The FBI and our partners are committed to making our communities safer by bringing these violent offenders like Cameron to justice. Thanks to the work of dedicated law enforcement officers, Cameron is now in custody and facing the consequences of his crimes” said FBI SAC Johnnie Sharp, Jr.
On November 25, 2020, Cameron entered the Pinnacle Bank located on Gadsden Highway in Trussville and demanded money from a teller. Cameron told the teller he had a firearm and threatened to shoot her. Cameron appeared to get spooked and left the bank with no money.
About two hours later, Cameron entered the BBVA Compass Bank located on Montgomery Highway, in Hoover. Cameron approached a teller, pulled a plastic bag from his shirt and handed it to the teller. Cameron told the teller, “I want your money.” Cameron lifted his shirt and showed the teller a dark colored firearm with a wooden handle in his waistband, and said, “Don’t die over a few dollars.” The teller gave Cameron $19,100 in U.S. currency.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
FBI investigated the case along with the Birmingham Police Department, Hoover Police Department, and Trussville Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Illinois man admits depositing hundreds of worthless checks in $157,000 bank fraud schemeRead the Press Release
ST. LOUIS – A man from Granite City on Tuesday admitted a bank fraud scheme that cost Commerce bank more than $150,000.
Clarence Wigfall Jr., 32, admitted that beginning on March 14, 2018, he defrauded the bank by depositing hundreds of worthless checks into dozens of people’s accounts.
Wigfall asked Commerce Bank account holders in public Facebook posts and elsewhere to give him their debit cards and account information in exchange for cash. Wigfall then deposited worthless checks into their accounts via ATMs in eastern Missouri and southern Illinois. He and his associates then withdrew money before the bank realized that the checks had been written on frozen accounts, blocked accounts, closed accounts, fake accounts and accounts with insufficient funds. Some of the checks also had forged signatures. Wigfall regularly used a piece of paper to shield himself from the ATM cameras.
Wigfall deposited hundreds of worthless checks into at least 55 separate accounts, defrauding the bank out of at least $157,256.92.
At least ten of the checking account holders did not authorize Wigfall to use their information in his scheme.
Wigfall pleaded guilty Tuesday to a bank fraud charge in front of U.S. District Judge John A. Ross. He is scheduled to be sentenced Nov. 8. The bank fraud charge carries a potential penalty of up to 30 years in prison.
The case was investigated by the U.S. Secret Service. Assistant U.S. Attorney Derek Wiseman is prosecuting the case.
Hazelwood man admits selling fatal dose of fentanylRead the Press Release
ST. LOUIS – A man from Hazelwood on Tuesday admitted selling fentanyl that killed a Lake St. Louis man last year.
Stephen Paul Jefferson Jr., 37, pleaded guilty in front of U.S. District Judge Sarah E. Pitlyk to a felony charge of distribution of fentanyl.
Jefferson admitted selling the fentanyl that killed the Lake St. Louis man just hours after the man bought the drug from Jefferson at the Red Roof Inn in Maryland Heights on July 12, 2021, the plea agreement says.
Investigators searched Jefferson’s hotel room the next day and found fentanyl in bags and capsules and a digital scale. Jefferson was arrested and admitted selling drugs, despite knowing “bad things can happen,” including “People can overdose or get bad dope,” his plea agreement says.
Jefferson is scheduled to be sentenced Nov. 4. The drug distribution charge carries a maximum penalty of 20 years in prison and a fine of $1,000,000. Both prosecutors and Jefferson’s lawyer have agreed to recommend a 12-year prison sentence, but Judge Pitlyk will ultimately determine Jefferson’s fate.
The case was investigated by the Drug Enforcement Administration and the St. Charles County Regional Drug Task Force.
Guatemalan National Indicted for Assaulting a Border Patrol AgentRead the Press Release
TUCSON, Ariz. – Last week, a federal grand jury returned an indictment against Jorge Oliverio Moran-Can, 42, of Guatemala, charging him with Assault on a Federal Officer Resulting in Bodily Injury.
The initial complaint issued last month, alleged that on July 3, 2022, a United States Border Patrol (USBP) agent responded to a remote location near New Field, Arizona. The agent was tracking a group of suspected undocumented noncitizens in a remote mountainous area when the agent spotted three people hiding near a ledge. When the agent approached them, two of the suspected undocumented noncitizens fled on foot. Moran-Can stayed and initially remained compliant, but when the agent reached out to handcuff him, Moran-Can rammed his shoulder into the agent’s torso causing them both to fall and tumble several yards down a rocky slope. Moran-Can continued to struggle but the agent was able to gain control and handcuff him. The agent sustained abrasions and bruising on his left knee and hip and was treated at a hospital.
A conviction for the crime of assault on a federal officer resulting in bodily injury carries a maximum penalty of 20 years in prison, and up to a $250,000 fine, or both.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Customs and Border Protection’s U.S. Border Patrol conducted the investigation in this case. Assistant U.S. Attorney Sarah B. Houston, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-01661-SHR-LCK
RELEASE NUMBER: 2022-127_ Moran-CanFormer Westlake Investment Advisor Sentenced to Nearly 22 Years in Prison for Operating Ponzi SchemeRead the Press Release
Former Westlake Investment Advisor Raymond A. Erker, 52, of Avon, Ohio, was sentenced today by U.S. District Judge Dan Polster to nearly 22 years in prison, or 262 months, following his conviction at trial of stealing more than $9.3 million from clients in a Ponzi scheme. A restitution hearing concerning this matter was scheduled for December 9, 2022.
“Mr. Erker misled, cheated and conned over fifty victims, many of them elderly, into trusting him with their life savings and hard-earned retirement funds, all for guaranteed rates of return and low-risk investments that were fabricated,” said First Assistant U.S. Attorney Michelle M. Baeppler. “Instead, Erker squandered the money he was entrusted with and caused financial ruin and pain for many. Now, thanks to the work of law enforcement, Mr. Erker must repay his debt to these victims and our community.”
“Be suspect of anyone who guarantees that an investment will perform a certain way, because all investments carry some degree of risk,” said Ohio Securities Commissioner Andrea Seidt. “Investors need to ask lots of questions and do extra research. Investors can call our Investor Protection Hotline at 877-683-7841 to find out if the person is licensed to sell securities and if the product is properly registered.”
According to court documents and evidence presented at trial, from January 2013 through July 2018, Erker devised a scheme that stole $9,366,976.37 from at least fifty-four investors.
As part of the scheme, Erker sold investments to clients that he misrepresented as annuities and senior secured notes with no risk of loss and with a guaranteed rate of return. Court documents state that Erker, without the approval or consent of investors, diverted funds to other entities that they controlled and their personal bank accounts.
Additionally, Erker failed to disclose to clients that he maintained ownership interests in companies receiving investments from the scheme.
To keep up with promised rates of return, Erker falsely represented that payments to previous investors were rates of return and interest when, in actuality, these payments were new investor funds, the defining characteristic of a Ponzi scheme.
To avoid detection, Erker set up office fronts in Delaware and Nevada, contracted with call centers and created false websites and account statements that purported to show investor account balances.
Erker was also convicted of making a false statement under oath. On October 9, 2019, while under oath in the United States Bankruptcy Court for the Northern District of Ohio, Erker stated that he disclosed to investors that he owned the companies the investors gave him money to invest in, when in fact, Erker knew that statement to be false.
Co-defendants Kevin M. Krantz and Tara M. Brunst were previously sentenced for their roles in the scheme.
This investigation was conducted by the Ohio Department of Commerce Division of Securities, the United States Postal Inspection Service (USPIS) and the Westlake Police Department. This case is being prosecuted by Assistant U.S. Attorneys Brian McDonough and Kathryn Andrachik.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps.
Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals on a case-by-case basis.
Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed seven days a week from 6:00 a.m. to 11:00 p.m. eastern time. English, Spanish and other languages are available.
Former State Court Victim Advocate Sentenced to 9 Years for Distributing Child Sexual Abuse MaterialRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that ROBERT ECCLESTON, 58, of Canton, was sentenced yesterday by U.S. District Judge Michael P. Shea in Hartford to 108 months of imprisonment, followed by 10 years of supervised release, for distributing images and videos depicting the sexual abuse of children.
According to court documents and statements made in court, in 2020, covert FBI personnel in two different field offices outside of Connecticut were monitoring various public groups on the social medial application Kik. In August and September 2020, Eccleston, using the Kik usernames “hartfordctguy” and “Mowgli100,” distributed numerous pornographic images and videos of children in these Kik groups, including images and videos depicting the sexual abuse of toddlers and prepubescent children. Eccleston also served as an administrator of two Kik groups and required prospective members to send him videos of child sexual abuse for group access.
Eccleston was arrested on December 11, 2020. At the time of the offense, he was employed as a Victim Services Advocate for the Hartford Superior Court in Hartford.
Eccleston has been detained since his arrest. On January 24, 2022, he pleaded guilty to one count of distribution of child pornography.
As part of his sentence, Judge Shea ordered Eccleston to pay a total of $25,000 to four victims of his offense, $35,000 to the Child Pornography Victims Reserve, $5,000 to the Domestic Trafficking Victims Fund, and a $30,000 fine.
“This case is a harsh reminder that the sexual exploitation of children occurs across all segments of our community,” said U.S. Attorney Avery. “Based on the position this defendant held while engaging in such reprehensible conduct, this case represents a tremendous violation of trust on multiple levels. We thank the FBI and our other law enforcement partners for investigating and rooting out these crimes wherever they exist, and we further thank the dedicated professionals of the Office of Victim Services of the Judicial Branch of the State of Connecticut for their assistance and continued service to victims throughout Connecticut.”
“This case shines a light on why we in law enforcement exhaust all means available to protect our most vulnerable population,” said FBI Special Agent in Charge Sundberg. “Sexual crimes against children will always be a top priority for the FBI.”
This investigation was conducted by the Federal Bureau of Investigation, with the assistance of the Avon Police Department. The case was prosecuted by Assistant U.S. Attorney Angel M. Krull.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Former Correctional Officer Charged with Smuggling Contraband into Brooklyn Federal JailRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Jeremy Monk, a former correctional officer employed by the United States Bureau of Prisons (BOP), with attempting to provide contraband to prison inmates at the Metropolitan Detention Center (MDC) in Brooklyn. Monk was arrested this morning, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Vera M. Scanlon.
Breon Peace, United States Attorney for the Eastern District of New York, Ryan T. Geach, Special Agent-in-Charge, United States Department of Justice, Office of Inspector General (DOJ-OIG), and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“As alleged, the defendant violated his oath and duty as a correctional officer by smuggling narcotics into the Metropolitan Detention Center,” stated United States Attorney Peace. “This Office, together with our law enforcement partners, are committed to maintaining the safety for incarcerated individuals and BOP employees, and will prosecute those who act as conduits for contraband into a correctional facility.”
“Monk allegedly smuggled drugs into the prison, creating a dangerous environment for his fellow correctional officers, inmates, and the public. The Department of Justice Office of the Inspector General will continue to investigate and uncover these kinds of bribery schemes,” stated DOJ-OIG Special Agent-in-Charge Geach.
“As alleged, Mr. Monk put both his fellow corrections officers and the Metropolitan Detention Center’s inmate population at risk by engaging in a scheme to smuggle contraband, including illegal drugs, into the facility. As law enforcement officials, we all take an oath to uphold the law and protect our nation. Mr. Monk chose to violate that oath, and he will now face justice for the crimes we allege he committed,” FBI Special Agent-in-Charge Driscoll.
As alleged in the complaint, Monk worked as a correctional officer at the MDC from May 2020 until he resigned on April 18, 2022. Three days before he resigned, on April 15, 2022, MDC staff learned that Monk was supposed to be paid $10,000 by inmates to smuggle contraband, specifically drugs, alcohol, and tobacco, into the MDC and leave it in a staff restroom. That afternoon, Monk went to the staff restroom consistent with the information MDC staff received. After Monk left the restroom, MDC staff secured and searched the location and found more than nine ounces of marijuana hidden on a shelf under cleaning materials. Prior to reporting to work on April 18, 2022, Monk called the MDC’s Human Resources department and stated that he wanted to immediately resign. When asked why he was resigning, the defendant stated, in sum and substance, because of “some stupid investigation.”
As alleged, Monk had also smuggled contraband into the MDC on prior occasions. On December 5, 2020, the MDC staff members conducted a search of the cell of an incarcerated individual (Inmate-1) due to the odor of marijuana coming from his cell. Although no marijuana was found, the MDC staff recovered a cellular telephone, which is also contraband in a correctional facility. Financial records show that three days before the MDC staff recovered the cellular telephone, an associate of Inmate‑1 attempted to pay Monk for smuggling the contraband via Cash App seven times in amounts ranging from $750 to $4,000. All seven transactions were blocked by Cash App.
The charges in the complaint are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Monk faces a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Olatokunbo Olaniyan and Philip Pilmar are in charge of the prosecution.
The Defendant:
JEREMY MONK
Age: 31
Brooklyn, New YorkE.D.N.Y. Docket No. 22-MJ-805
Former Cartel leader’s son admits to moving assault weapons into MexicoRead the Press Release
BROWNSVILLE, Texas – Osiel Cardenas Jr. has pleaded guilty to smuggling goods from the United States into Mexico, announced U.S. Attorney Jennifer B. Lowery.
Cardenas aka Osiel Cardenas-Salinas Jr., 30, Brownsville, admitted he attempted to purchase 10 assault rifles to export into Mexico. Cardenas is the son of former head of the Gulf Cartel Osiel Cardenas-Guillen who was convicted and sentenced to 25 years in federal prison and ordered to pay a money judgment of $50 million.
On April 22, 2021, Cardenas and others attempted to purchase five AK-47 type rifles and five AR-15 type rifles.
The undercover operation took place in a Brownsville store parking lot. Cardenas had instructed another individual to cross into Mexico to pick up the $15,000 for the weapons and to inform him when the weapons transaction had been completed.
Cardenas further admitted he committed the crime while on supervised release for a previous felony.
U.S. District Judge Fernando Rodriguez Jr. will impose sentencing Nov. 8. At that time, Cardenas faces up to 10 years in prison and a possible $250,000 maximum fine.
He has been and will remain in custody pending that hearing.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of Homeland Security Investigations. Assistant U.S. Attorney Elena Salinas is prosecuting the case.
Former Campus Police Dispatcher Sentenced for Straw Purchase of Glock FirearmsRead the Press Release
BOSTON – A former campus police dispatcher for the Cape Cod Community College Police Department was sentenced yesterday in federal court in Boston in connection with making false statements in order to purchase two firearms which can only be purchased by law enforcement officers.
Justin F. Watson, 36, of Mashpee, was sentenced by U.S. District Court Judge Indira Talwani to time served (one day in prison), one year of supervised release, with the first four months to be served in home confinement, and 50 hours of community service. The government recommended a sentence of six months in prison. On April 29, 2022, Watson pleaded guilty to one count of making false statements during the purchase of firearms and one count of making false statements in a record.
“Gun laws exist for a reason – to protect lives and reduce violence. Anyone who lies and evades to avoid gun safety laws will be prosecuted,” said United States Attorney Rachael S. Rollins. “Lawmakers and law enforcement have put clear limits on who can purchase powerful Glock weapons. These laws are intended to keep dangerous weapons in the hands of fully trained police officers, not circulating on the street.”
“Straw purchasing a firearm is a federal crime with serious consequences,” said James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division. “ATF is committed to working with our local, state, and federal partners to investigate and prosecute the “straw purchasers” in conjunction with the individuals who receive these firearms.”
From March 2018 to February 2019, Watson was an Institutional Security Officer/Campus Police Dispatcher with the Cape Cod Community College Police Department. As such, Watson neither carried a weapon nor had the power to make arrests on campus.
Watson ordered a Glock pistol to be delivered to a firearms dealer on Cape Cod. On Aug. 26, 2018, Watson went to the firearms dealer to pick up the Glock, Model 22, GEN4, .40 caliber pistol. Before receiving the firearm, Watson provided his Cape Cod Community College identification card, which listed him as “Campus Police” and “Faculty/Staff,” to the manager and completed a Public Safety Purchase Form identifying himself as an Institutional Security Officer.
Watson called another firearms dealer and spoke with the store’s operator, who informed him that only law enforcement officers with the power to conduct arrests could purchase Glock Model 26 firearms. Watson falsely stated that he was a police officer with authority to make arrests. On Nov. 17, 2018, Watson went to the firearms dealer with his girlfriend and spoke with a sales manager. His girlfriend told the sales manager that she was Watson’s boss and that Watson had authority to make arrests. Watson identified himself as a police officer to the sales manager and then purchased a Glock, Model 26, GEN4, 9mm pistol for $425. Watson completed a required ATF Form and affirmed that he was the actual buyer of the firearm. The form warned that, “If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”
During the sale, Watson provided his Cape Cod Community College identification card and completed a certification letter indicating that he was purchasing the firearm for “on or off duty use” and not “for resale.” Watson also completed another certification form and listed himself as “Campus Police.” Watson then transferred the Glock Model 26 to his girlfriend on Dec. 19, 2018.
During an interview with law enforcement, Watson acknowledged that he used his Cape Cod Community College identification card when he purchased both Glock firearms. He stated he used that ID because he did not think he could purchase the firearms without it. He also acknowledged that if the firearms dealers had understood that he was not a police officer with arrest powers, they would not have sold him the firearms. Watson further stated that he knew that his girlfriend, a civilian, could not purchase a Glock Model 26 herself and that he purchased the firearm for her.
Straw purchases interfere with firearm regulation and recordkeeping, and federal law makes it a crime to knowingly make false statements to a firearms dealer in connection with the lawfulness of the sale.
U.S. Attorney Rollins and ATF SAC Ferguson made the announcement today. The Cape Cod Community College Campus Police, Barnstable Police Department and Mashpee Police Department provided assistance with the investigation. Assistant U.S. Attorneys Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption Unit, and Philip C. Cheng of Rollins’ Organized Crime & Gang Unit prosecuted the case.
Florida man sentenced to 8 years in prison for fraud scheme causing $3.5 million in losses, including more than $1 million in COVID-relief fraudRead the Press Release
CINCINNATI – A Florida man who conspired to steal identities to fraudulently obtain credit and COVID-19 relief funds was sentenced in federal court here today to 96 months in prison.
Adesh Alvin Bissoon, 43, of Miami Beach, Florida, defrauded several victims who resided in the Southern District of Ohio. Bissoon caused at least $3.5 million in loss, including more than $1 million in disaster-relief funds he fraudulently obtained during the pandemic.
When federal agents executed a search warrant at one of Bissoon’s residences, they found multiple driver’s licenses, approximately 200 credit and/or debit cards, and more than 10 checkbooks, all in other people’s names. Agents also discovered hundreds of other documents containing victims’ personally identifiable information (PII); approximately $70,000 in cash; tens of thousands of dollars’ worth of precious metals; and seven cellphones, each of which was labeled with the name of a victim.
According to court documents, from 2012 through August 2020, Bissoon and co-conspirators used the Dark Web to obtain victims’ PII. Bissoon and others also used the victims’ information to create fraudulent Social Security cards and driver’s licenses, which they then used to open financial accounts in the victims’ names. Bissoon then requested convenience checks in high dollar amounts, drawn against the victims’ lines of credit. He also registered LLCs with states and the IRS to obtain business credit cards with higher credit limits. Bissoon separately applied for Economic Injury Disaster Loans from the Small Business Association using the LLCs he had established using individual victims' PII, claiming that those businesses were experiencing temporary difficulties and loss of revenue due to COVID-19.
Bissoon was initially charged by criminal complaint in August 2020 and released on bond in Florida. Bissoon’s pretrial release was revoked after law enforcement discovered he had attempted to steal another $150,000 from a bank while on release by falsely claiming to be the victim of unauthorized bank transfers.
Bissoon was indicted by a grand jury in September 2020, along with Michael Jacques Joseph, 39, of Miami Beach, Florida, and Victor Torres, 40, of Apollo Beach, Florida, and charged with conspiracy to commit bank fraud and mail fraud affecting a financial institution, as well as aggravated identity theft. Joseph and Torres have pleaded guilty and are pending sentencing.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and the United States Treasury Inspector General for Tax Administration announced the sentence imposed today by U.S. District Judge Douglas R. Cole. Assistant United States Attorneys Julie D. Garcia and Ebunoluwa A. Taiwo are representing the United States in this case.
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Florida Woman Sentenced to 19 Months in Prison for Submitting Fraudulent EIDL and PPP Applications in $865K Wire Fraud SchemeRead the Press Release
Denver – United States Attorney Cole Finegan announced that Defendant Patricia Gilroy, 58, of Naples, Florida, was sentenced to 19 months in prison for a wire fraud scheme in which she received $865,351 as a result of fraudulent EIDL and PPP applications that she submitted. Gilroy was also ordered to pay $916,656.03 in restitution.
On March 27, 2020, the President of the United States signed into law the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which provided emergency assistance, administered by the United States Small Business Administration (SBA), to small business owners affected by the Coronavirus (COVID-19) pandemic. The two primary sources of funding for small businesses were the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loans (EIDL) program.
From April 2020 through April 2021, defendant Patricia Gilroy submitted fraudulent EIDL and PPP applications to the SBA and participating lenders on behalf of 10 inactive, shell companies that she controlled seeking loans from the EIDL and PPP programs. In these applications, Gilroy made false statements about the number of employees and the amount of gross revenues and cost of goods sold that the companies had in the 12 months prior to January 31, 2020. In the applications, Gilroy also falsely agreed to use the funds solely as working capital for the companies when, in fact, she intended to use the funds for other purposes, including making personal investments. Three of the PPP applications, three applications for second PPP draws, and 2 EIDL applications were approved and funded. As a result, companies controlled by Gilroy received $856,351 in PPP and EIDL proceeds.
U.S. District Court Judge Daniel D. Domenico handed down the sentence on August 2, 2022.
“This defendant tried to take advantage of a program designed to provide relief to small businesses and employees during the COVID-19 pandemic. Her sentence should send a clear message to anyone thinking of exploiting this national emergency for their personal gain. We are proud to work with our law enforcement partners to safeguard taxpayer funds,” said U.S. Attorney Cole Finegan.
“This sentencing demonstrates the commitment of the Treasury Inspector General for Tax Administration to investigate and bring to justice those that victimize the American taxpayer,” said J. Russell George, the Treasury Inspector General for Tax Administration. “Abusing a Federal program designed to assist Americans in need by fraudulently applying for loans has and will continue to be aggressively investigated. I want to thank our law enforcement partners and the United States Attorney’s office for their commitment to this goal.”
“Falsifying information to access funds set aside by the SBA to support small business works against the building up of our nation’s economy,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “Our Office will remain relentless in the pursuit of fraudsters who seek to defraud the SBA’s vital economic programs. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and commitment to seeing justice served.”
The investigation in this case was conducted by the U.S. Treasury Inspector General for Tax Administration and the Small Business Administration-Office of Inspector General in connection with their work on the Colorado-based EIDL Fraud Task Force. The prosecution was handled by Pegeen Rhyne and Sarah Weiss, Assistant U.S. Attorneys, District of Colorado, Denver.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Related court documents can be found on PACER by searching for Case Number 21-cr-175.
CASE NUMBER: 22-cr-00063-DDD
Five Defendants Convicted in Relation to Multi-Million Dollar Counterfeit Cellphone SchemeRead the Press Release
BOISE – a Federal jury in Idaho convicted five defendants yesterday for their roles in operating a $41 million dollar scheme wherein they sold counterfeit cellphones and cellphone accessories on Amazon.com and eBay.com which they misrepresented as new and genuine Apple and Samsung products.
Pavel Babichenko, Piotr Babichenko, Timofey Babichenko, David Bibikov, and Mikhail Iyerusalimets were convicted of a total of 24 counts of conspiracy to commit wire fraud, conspiracy to traffic in counterfeit trademarked goods, wire fraud, mail fraud and trafficking in counterfeit goods, all in connection with the online sale of these counterfeit cellphones and accessories. Two defendants, Kristina Babichenko and Anna Iyerusalimets, were found not guilty. The convicted defendants face up to 20 years’ imprisonment and a $250,000 fine on the wire fraud and mail fraud counts. They face up to 10 years’ imprisonment and a $5,000,000 fine on the trafficking in counterfeit goods counts. Sentencing is scheduled for November 2 and 3, 2022 before U.S. District Judge B. Lynn Winmill, who presided over the trial.
During the nine-week trial, the jury heard evidence that the defendants obtained counterfeit cellphones and cellphone accessories in bulk from manufacturers in China, repackaged them in the Treasure Valley area of Idaho, and then individually resold them to consumers on Amazon and eBay as genuine and new. The defendants continued to sell these items despite receiving numerous notices from U.S. Customs and Border Protection that they were importing counterfeit items. The defendants also repeatedly ignored cease-and-desist letters from companies like Apple, Inc. and Samsung Electronics America. When companies like Amazon identified the defendants as sellers of counterfeit products and suspended their selling privileges, the defendants would submit fake invoices and plans of actions to regain access to Amazon’s platform and convince the company to release proceeds of the scheme. This pattern lasted for approximately a decade, with the defendants changing company names and tactics when confronted about their infringing behavior.
“By trafficking in counterfeit cellphones, chargers, and batteries, the defendants led an organized criminal conspiracy that violated intellectual property rights, cheated the American consumer, and endangered the safety of the public for their own financial gain,” said U.S. Attorney Josh Hurwit. “The U.S. Attorney’s Office is committed to working with its federal law enforcement partners to identify, arrest, and prosecute those who defraud businesses and consumers in an attempt to line their own pockets. I want to thank the FBI and HSI special agents and analysts for their tireless work on this investigation and prosecution.”
“These individuals scammed the public into buying fake electronic goods, endangering people with counterfeit products while diminishing trust in respected brands,” said Special Agent in Charge (SAC) Robert Hammer, who oversees HSI operations in the Pacific Northwest. “The dedicated work of HSI agents through federal partnerships with the FBI, U.S. Postal Inspection Service, IRS-CI, U.S. Marshals Service, combined with our Idaho law enforcement partners the Treasure Valley Metro Violent Crimes Task Force, Ada County Sheriff’s Office, Boise Police Department, and the Meridian Police Department led to the disruption of this fraudulent transnational scheme.”
“The verdicts demonstrate the FBI’s unwavering commitment to combatting transnational organized crime which pose the greatest threat to the national and economic security of the United States,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Our strong partnerships in Idaho and around the world are instrumental in dismantling these groups which seek to profit vast sums of money defrauding the American people and businesses.”
U.S. Attorney Josh Hurwit made the announcement and commended the cooperative efforts of the joint investigation led by the FBI and Homeland Security Investigations, along with IRS-CI, the U.S. Postal Inspection Service, and the U.S. Marshals Service. These federal agencies were joined in the investigation by the Treasure Valley Metro Violent Crimes Task Force, the Ada County Sheriff’s Office, the Boise Police Department, and the Meridian Police Department.
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First Urology Commits to Changes and Pays to Resolve Justice Department Investigation into Allegations it Violated the ADA with a “Lifting Policy”Read the Press Release
Louisville, KY – First Urology, P.S.C., the largest provider of urologic care in the greater Louisville and Southern Indiana area, has agreed to pay $60,000 to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to provide individuals with mobility disabilities equal access to its services and facilities.
The allegations involved First Urology’s “Lifting Policy,” which provided it would not assist patients in transferring to examination tables or other diagnostic equipment. First Urology’s policy denied patients full and equal access to the services it provided because it required certain patients with mobility disabilities to bring their own equipment, friends, family, or attendants to help facilitate their transfer, in order to be treated. If the patient did not bring equipment, friends, family, or attendants to help transfer them, First Urology denied that patient treatment. These allegations were raised by three patients who also filed a lawsuit against First Urology, styled Fust et. al, v. First Urology, Case No. 3:20-CV-562 (W.D. Ky.).
“The ADA is a federal civil rights law that prohibits discrimination against individuals with disabilities in everyday activities,” stated Michael A. Bennett, United States Attorney for the Western District of Kentucky. “Everyday activities include medical services, and no patient should be denied health care as a result of a mobility disability.”
Under the terms of the agreement, First Urology will ensure that accessible medical equipment and rooms are available to patients who need them. This may include use of an accessible exam table, Hoyer lift, gait belt, or transfer board, or rails and other stabilizing equipment. First Urology will also modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the terms of the agreement. Of the $60,000 being paid by First Urology, $45,000 will be distributed to three patients who were denied treatment and $15,000 will be paid as a civil penalty to the United States.
Assistant U.S. Attorney, Jessica R. C. Malloy, investigated the matter.
For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.
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Fifth Defendant Pleads Guilty in $11.5 Million Fraud CaseRead the Press Release
LITTLE ROCK—An England, Arkansas woman has pleaded guilty to her involvement in a scheme to defraud the U.S. Department of Agriculture out of more than $11.5 million that was intended to benefit farmers who had been discriminated against. Niki Charles, 49, pleaded guilty to conspiracy to commit mail fraud today before Chief United States District Judge D. Price Marshall.
Charles admitted in court today that she and others solicited people to file false claims asserting they were discriminated against when they tried to get assistance from USDA for their farming operations. Charles said she verified statements from corroborating witnesses who submitted affidavits to support the claims, but none of those witnesses actually appeared before Charles. Those actions resulted in $4.5 million in loss, an amount Charles agreed to repay.
Four other defendants, all of whom are sisters, have pleaded guilty in this case. Lynda Charles, 72, of Hot Springs; Rosie Bryant, 74, of Colleyville, Texas; Delois Bryant, 75, of North Little Rock; and Brenda Sherpell, 72, of Gainesville, Texas, each pleaded guilty on July 6, 2022, to conspiracy to commit mail fraud and to defraud the Internal Revenue Service. A sixth defendant, Everett Martindale, worked as an attorney and acted as the legal representative for most of the claimants that the five women recruited. Martindale is set for trial on August 30, 2022.
The sisters also admitted that they hired a tax preparer to falsify tax returns, resulting in failure to report over $4.6 million to the Internal Revenue Service. That tax preparer, Jerry Green, pleaded guilty in January 2021. Judge Marshall will sentence those who pleaded guilty at a later date.
As documented in plea agreements, the defendants submitted claims under two programs: the Black Farmers Discrimination Litigation (BFDL) settlement and the Hispanic and Women Farmers and Ranchers (HWFR) claim program. The BFDL settlement resulted from a class action lawsuit filed in 1997 in which a group of black farmers claimed they had been discriminated against when they applied for farm credit, credit servicing, or farm benefits from USDA. Similarly, the HWFR claim program was created after groups of Hispanic and women farmers filed separate lawsuits against USDA, also alleging discrimination in their farm benefit programs.
Both BFDL and HWFR resulted in a claims process where farmers who could show they had applied for participation in a USDA benefit program and believed they had been discriminated against could make a claim for financial relief. A successful claim resulted in an award of $62,500. Of that, $50,000 would be made payable to the claimant, and $12,500 would be transferred directly to the Internal Revenue Service as a tax withholding. Altogether, the sisters were involved with 192 claims, almost all of which were successful, resulting in a loss of over $11.5 million. The claims were false because the claimants had not suffered discrimination and, in most cases, had not even attempted to farm.
The indictment alleges that Martindale would deposit claim checks into his law firm trust account, issue a check from that trust account to the claimant, and withhold his attorney fee. For both BFDL and HWFR, attorney fees were restricted to $1,500 per claimant. The indictment alleges that the four sisters entered an agreement with Martindale in which they would split the attorney fee. The sisters also demanded and received additional money from the claimants themselves.
The money received from a claim was income that should have been reported on the claimant’s tax return. The sisters and their accountant, Green, admitted that Green provided tax preparation services for the claimants they had recruited and that Green falsified the tax returns in order to create a tax refund.
Three of the sisters—Lynda Charles, Rosie Bryant, and Delois Bryant—filed false tax returns of their own and used money from the conspiracy to purchase homes and properties, a Chevrolet van, and a Mercedes G550. Pursuant to the plea agreement, the sisters are required to relinquish any claim to the vehicles and to repay the fraud money they used to purchase properties. The money is due by the time they are sentenced, which has not yet been scheduled.
The investigation is being conducted by USDA-OIG and IRS with assistance from the United States Marshals Service and the United States Postal Inspection Service. The case is being prosecuted by Assistant United States Attorneys Cameron McCree, Bart Dickinson, and Amanda Fields.
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This news release, as well as additional information about the office of the
United States Attorney for the Eastern District of Arkansas, is available online at
https://www.justice.gov/edar
Twitter:
@EDARNEWS
Federal Jury Convicts Dentist of Killing Wife on African SafariRead the Press Release
Denver – The United States Attorney’s Office for the District of Colorado announces a federal jury found Lawrence Rudolph, age 67, guilty of murdering his wife, Bianca Rudolph, and of defrauding multiple life insurance companies. The same jury found Lori Milliron, age 64, guilty of being an accessory after the fact to the murder, obstruction of justice, and two counts of perjury before the grand jury.
The evidence presented at trial proved Lawrence Rudolph murdered his wife Bianca while the two were on a hunting trip in Zambia on October 11, 2016, in such a manner that he could falsely claim the death was the result of an accident. The defendant devised a scheme to defraud and obtain a total of $4,877,744.93 from nine life insurance policies with seven different life insurance companies, one located in Colorado. He did this by representing Bianca died as the result of the accidental discharge of a firearm when, in fact, she had been murdered. She was shot once in the heart with a 12 gauge shotgun.
The evidence also proved on January 5, 2022, the defendant Lori Milliron provided false and misleading testimony to a grand jury sitting in the District of Colorado regarding cash payments made to her by Lawrence Rudolph, and the nature of her relationship with Rudolph. She testified before the grand jury the reason for the cash payments was because he was generous; it was actually because she was his girlfriend. When asked about what Rudolph told her when he relayed to her he was under FBI investigation. She told the grand jury that Rudolph said he was irritated by the investigation because he was “probably innocent;” actually, Rudolph had told her in the Spring 2020 that he had killed his (expletive) wife for her.
“We are thankful for the jury’s diligence looking at all the evidence in this case. Bianca Rudolph deserved justice. This case was an exceptional example of the entire U.S. Attorney’s Office pulling together with our law enforcement partners to uncover the truth and seek justice for a victim who had no other voice,” said U.S. Attorney Cole Finegan. “I also want to specifically thank the efforts of the FBI, which worked to obtain justice by literally going around the world to interview witnesses and collect evidence. Their efforts were exemplary, and we are grateful to them.”
“The murder of Bianca Rudolph was not an easy case to investigate and prosecute, but it was the right thing to do to seek justice for this victim, her family, and her friends,” said FBI Denver Special Agent in Charge Michael Schneider. “Lawrence Rudolph thought he could murder his wife overseas and get away with it. His actions raised red flags, and the FBI was ready to step in to investigate this murder of a U.S. citizen by another U.S. citizen in a foreign country.”
Judge William J. Martinez presided over the 14-day trial. Rudolph will be sentenced on February 1, 2023. Milliron will be sentenced on February 8, 2023.
The case was investigated by the FBI Denver Division. Prosecution was handled by Assistant United States Attorneys Bryan Fields, Garreth Winstead, and Bishop Grewell.
Case number: 22-cr-00012
Federal Grand Jury Charges Louisville Man with Illegal Possession of a Machine Gun and Possession of a Firearm by a Prohibited PersonRead the Press Release
Louisville, KY – A federal grand jury in Louisville, KY returned an indictment today charging a local man with illegally possessing a machine gun and possessing a firearm after having been prohibited.
According to court documents, on or about June 16, 2022, William Thompson, 31, knowingly possessed a machine gun, a Glock Switch bearing no serial number, and a firearm after having previously been convicted of a misdemeanor crime of domestic violence.
Thompson is charged with illegal possession of a machine gun and possession of a firearm by a prohibited person. Thompson is currently in state custody at the Louisville Metro Department of Corrections and will be scheduled for his initial court appearance before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Kentucky once he is transferred to federal custody. If convicted, he faces a maximum potential penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. There is no parole in the federal system.
U. S. Attorney Michael A. Bennett of the Western District of Kentucky, and ATF Special Agent in Charge Shawn Morrow made the announcement.
The ATF and Louisville Metro Police Department are investigating the case.
Assistant U.S. Attorney Alicia P. Gomez is prosecuting the case.
This case is part of Project Safe Neighborhood, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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FCA US LLC Sentenced in Connection with Conspiracy to Cheat U.S. Emissions TestsRead the Press Release
WASHINGTON – FCA US LLC (FCA US), formerly Chrysler Group LLC, was sentenced today in federal court in Detroit and ordered to pay a fine of $96,145,784; and a forfeiture money judgment of $203,572,892. The court also imposed a three-year term of organizational probation.
The conviction results from the company’s conspiracy to defraud U.S. regulators and customers by making false and misleading representations about the design, calibration, and function of the emissions control systems on more than 100,000 Model Year 2014, 2015, and 2016 Jeep Grand Cherokee and Ram 1500 diesel vehicles, and about these vehicles’ emission of pollutants, fuel efficiency, and compliance with U.S. emissions standards.
“This case demonstrates the Criminal Division’s dedication to prosecuting companies that seek to place profits above full candor, good corporate governance, and timely remediation,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s sentence shows that companies that engage in misleading U.S. regulators, or their own customers, will be held accountable.”
“Today’s sentence is an appropriate punishment for a company that schemed to defraud regulators and consumers,” said U.S. Attorney Dawn N. Ison. “All corporations should be transparent and honest in dealing with the federal government and the public. This prosecution reflects how seriously my office takes this principle.”
“Today’s sentencing of FCA US, which includes a $300M criminal penalty, is the result of an exhaustive three-year investigation,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. This resolution shows that the Department of Justice is committed to holding corporate wrongdoers accountable for misleading regulators. My sincere thanks go to our investigative partners at EPA-CID and the FBI.”
“Today’s sentencing clearly demonstrates that the EPA and our federal partners will hold major corporations like FCA accountable for complying with vehicle emissions standards,” said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency’s Office of Enforcement and Compliance Assurance. “Stopping violations of environmental laws and the defrauding of consumers is paramount to the protection of clean air and human health.”
According to the company’s admissions and court documents, beginning at least as early as 2010, FCA US developed a new 3.0-liter diesel engine for use in FCA US’s Jeep Grand Cherokee and Ram 1500 vehicles (the Subject Vehicles) that would be sold in the United States. FCA US designed a specific marketing campaign to market these vehicles to U.S. customers as “clean EcoDiesel” vehicles with best-in-class fuel efficiency. However, according to court documents, FCA US installed software features in the Subject Vehicles and engaged in other deceptive and fraudulent conduct intended to avoid regulatory scrutiny and to fraudulently help the Subject Vehicles meet the required emissions standards, while maintaining features that would make them more attractive to consumers, including with respect to fuel efficiency, service intervals, and performance.
Specifically, FCA US purposely calibrated the emissions control systems on the Subject Vehicles to produce less NOx emissions during the federal test procedures, or driving “cycles,” than when the Subject Vehicles were being driven by FCA US’s customers under normal driving conditions. FCA US then engaged in deceptive and fraudulent conduct to conceal the emissions impact and function of the emissions control systems from its U.S. regulators and U.S. customers by (a) submitting false and misleading applications to U.S. regulators to receive authorization to sell the vehicles, (b) making false and misleading representations to U.S. regulators both in person and in response to written requests for information, and (c) making false and misleading representations to consumers about the Subject Vehicles in advertisements and in window labels, including that the Subject Vehicles complied with U.S. emissions requirements, had best-in-class fuel efficiency as measured by EPA testing, and were equipped with “clean EcoDiesel engine[s]” that reduced emissions.
For example, FCA US referred to the manner in which it manipulated one method of emissions control as “cycle detection” and “cycle beating.” Without the “cycle beating” use of this emissions control software, the Subject Vehicles were unable to pass the emissions portions of the federal test procedures while also receiving a fuel efficiency rating that could be marketed to FCA US’s potential customers as “best-in-class,” consistent with FCA US’s 3.0-liter diesel program’s goals, timing, and marketing strategy. Because FCA US knew that the decision to calibrate the emissions control system used on the Subject Vehicles to perform differently “on cycle” versus “off cycle” would be subjected to significant scrutiny by U.S. regulators, FCA US made false and misleading representations to regulators to ensure that it obtained regulatory approval to sell the Subject Vehicles in the United States.
Under the terms of FCA’s guilty plea, which has been approved by the Court, FCA has agreed to continue to cooperate with the Department of Justice in any ongoing or future criminal investigations relating to this conduct. In addition, FCA US has also agreed to continue to implement a compliance and ethics program designed to prevent and detect fraudulent conduct throughout its operations and will report to the department regarding remediation, implementation, and testing of its compliance program and internal controls.
The government reached this agreement with FCA US based on several factors including, among others, the nature and seriousness of the offense conduct, the company’s failure to voluntarily and timely disclose the conduct that triggered the investigation, and its failure to conduct sufficient, timely, or appropriate remedial action. FCA US received credit for cooperation with the department’s investigation and has enhanced, and committed to further enhance, its compliance program and internal controls.
In the related criminal prosecution, three FCA employees, Emanuele Palma, Sergio Pasini, and Gianluca Sabbioni were indicted for conspiracy to defraud the United States and to violate the Clean Air Act and six counts of violating the Clean Air Act. They await trial. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and EPA’s Criminal Investigations Division are investigating the case.
Trial Attorney Michael P. McCarthy and Assistant Chief Michael T. O’Neill of the Criminal Division’s Fraud Section; White Collar Unit Chief John K. Neal and Assistant U.S. Attorney Timothy J. Wyse of the U.S. Attorney’s Office for the Eastern District of Michigan; and Senior Trial Attorney Todd W. Gleason of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.
The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing [email protected]. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas. If you believe you are a victim of the conduct described in the Plea Agreement and criminal Information, please visit https://www.justice.gov/criminal-vns/case/united-states-v-fca.Erie Man Pleads Guilty in Conspiracy to Distribute Heroin and CocaineRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
Abimael Arroyo-Garcia, 36, pleaded guilty to two counts before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that Arroyo-Garcia was involved in a conspiracy to distribute large quantities of cocaine and heroin in Erie, Pennsylvania from November 2017 through February 2020. On February 10, 2020, investigators seized approximately $250,000.00 in cocaine destined for Erie from Puerto Rico as part of this conspiracy.
Judge Baxter scheduled sentencing for December 13, 2022 at 2:00 p.m. The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Pennsylvania State Police, Homeland Security Investigations and the United States Postal Inspection Service conducted the investigation that led to the prosecution of Arroyo-Garcia.
Elderwood Agrees to Pay $950,000 to Resolve Allegations That the Senior Care Company Fraudulently Billed Medicare and MedicaidRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that Elderwood Administrative Services, LLC, and various senior care facilities operating under the Elderwood brand, have agreed to pay $950,000 to resolve allegations arising under the False Claims Act regarding false claims submitted to Medicare and Medicaid.
Assistant U.S. Attorney David M. Coriell, who handled the case, stated that Elderwood is a Buffalo-based senior care company that operates facilities in Western New York providing post-acute health care services, including skilled nursing and inpatient rehabilitation. The Government alleges that between August 1, 2013, and December 31, 2018, Elderwood knowingly submitted, or caused to be submitted, false claims for payment to Medicare for physical therapy, occupational therapy, and speech therapy services that were medically unnecessary. The submission of these medically unnecessary claims resulted in Elderwood receiving artificially inflated payments from Medicaid.
“This settlement reflects the commitment of my office to hold everyone, including healthcare providers, accountable when they seek to defraud the government,” said U.S. Attorney Ross. “My office will continue to ensure that federal taxpayer dollars meant to serve Medicare and Medicaid patients are spent on needed services and we will not allow healthcare providers to become unjustly enriched when they bill for unnecessary services.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Jean Nolan. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Nolan v. Elderwood Health Care at Linwood, Elderwood Senior Care, Inc, Post Acute Partners, and Does 1-100, 15-cv-0099 (W.D.N.Y.). Ms. Nolan will receive a share of the settlement.
The resolution of this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of New York, the U.S. Department of Health and Human Services Office of Inspector General, and the New York State Attorney General’s Office Medicaid Fraud Control Unit.
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El Salvadorian felon heads to prison for third-time unlawful entryRead the Press Release
CORPUS CHRISTI, Texas – A 46-year-old man has been ordered to federal prison following his conviction of illegal re-entry into the United States, announced U.S. Attorney Jennifer B. Lowery.
U.S. District Judge Drew B. Tipton convicted Jose Villatoro-Avila May 10, following a two-day bench trial.
Today, Judge Tipton ordered Villatoro-Avila to serve 27 months in federal prison. Not a U.S. citizen, Villatoro-Avila is expected to face removal proceedings following his imprisonment. In handing down the sentence, the court noted Villatoro-Avila’s repeated attempts to come into the country illegally, despite previously being sentenced to two 24- month sentences.
Villatoro-Avila is a citizen of El Salvador who was found illegally present within the United States.
At trial, evidence and testimony showed that on April 6, 2021, law enforcement apprehended Villatoro-Avila in Kenedy County while he was trying to circumvent the Javier Vega Jr. checkpoint. Authorities quickly pursued and were able to apprehend him while he was still in the brush.
The judge heard that Villatoro-Avila had been convicted - twice - of illegal re-entry into the United States. At a previous sentencing, he told the court “I promise I will never come back here if you give me leniency.”
However, evidence and testimony revealed he unlawfully returned to the country two more times after making that promise to the judge. The investigation further revealed he had been removed from the country multiple times beginning in 1999 and as recently as 2016.
The court also heard how authorities had used his fingerprints to make the identification, thus revealing the previous deportations.
The defense attempted to convince the court there was a possibility of evidence that showed Villatoro-Avila had received permission to re-enter the United States from appropriate authorities. The defense also attacked the credibility of fingerprint testimony and his identification at the time of his previous removals from the country.
Judge Tipton did not believe the claims and found him guilty as charged.
Villatoro-Avila has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol conducted the investigation. Assistant U.S. Attorneys J. Parker Gochenour and Christopher Marin prosecuted the case.
Eight Members of a Calhoun County-based Methamphetamine Drug Trafficking Ring ArrestedRead the Press Release
BIRMINGHAM – An indictment charging 12 defendants in a methamphetamine trafficking conspiracy based in Calhoun County was unsealed today, announced U.S. Attorney Prim F. Escalona, Drug Enforcement Administration Special Agent in Charge Brad L. Byerley, and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French. Eight of the defendants were arrested today, and the four remaining defendants were already in custody on state offenses.
A 66-count indictment filed in U.S. District Court charges Antonio Franchester Orr, aka Lil T, aka Tony, 48, of Eastaboga, Brandon Maurice Butler, aka BB, 34, of Lincoln, Thomas Terrel Truss, 50, of Oxford, Seth Michael Owens, 29, of Ragland, Gerod Montario Stripling, 35, of Eastaboga, Jakahri Howard aka Joc, 22, of Lincoln, Steven Weed, 50, of Lincoln, Melissa Sage Goins, 36, of Guntersville, Brian Kenneth Goodwin, 44, of Pell City, Michael Edwin Scales, Sr., 68, of Anniston, James Christopher Stanley, 46, of Tuscaloosa, and Charles Alan Calhoun aka Charles Allen Calhoun and Chopper, 57, of Alpine with conspiracy to distribute methamphetamine, cocaine, heroin, and marijuana between June 2021 and June 2022. The indictment also charges all defendants with at least one count of using a telephone to facilitate a drug-trafficking crime.
The DEA, the ATF, and other law enforcement agencies have seized a total of over 20 kilograms of methamphetamine and 1 kilogram of cocaine as a part of the investigation. The indictment includes special findings of the grand jury regarding the amount of methamphetamine attributable to various defendants as part of the drug-trafficking conspiracy.
- Orr, Butler, Truss, Owens, Stripling, Howard, Weed, Goins, Goodwin, Scales, and Stanley are charged with conspiring to distribute 50 grams or more of methamphetamine. This charge carries a maximum penalty of life in prison.
- Calhoun is charged with conspiring to distribute a substance containing a detectable amount of cocaine. This charge carries a maximum penalty of 20 years in prison.
- Orr is charged with distribution of 50 grams or more of methamphetamine. This charge carries a maximum penalty of life in prison.
- Howard is charged with possession with the intent to distribute 500 grams or more of a mixture and substance containing a detectable amount of cocaine. This charge carries a maximum penalty of 40 years in prison.
- Goodwin is charged with possession with the intent to distribute 50 grams or more of methamphetamine. This charge carries a maximum penalty of life in prison.
- Orr, Owens, and Stripling are charged with possession with the intent to distribute 500 grams or more of a mixture containing a detectable amount of methamphetamine. This charge carries a maximum penalty of life in prison.
- Orr is charged with attempt to possess with the intent to distribute 500 grams or more of a mixture containing a detectable amount of methamphetamine. This charge carries a maximum penalty of life in prison.
- Howard, Butler, and Stripling are charged with possession of a firearm in furtherance of a drug trafficking crime. The minimum prison sentence for this charge is five years in prison, which must be served after completion of any other sentence related to the crime.
The maximum penalty for conspiracy and possession with intent to distribute a controlled substance is life in prison. Each count of using a telephone in furtherance of a drug-trafficking crime carries a maximum penalty of four years in prison.
Orr, Stripling, and Stanley were already in custody on related state charges. Truss is serving a 20-year prison sentence in Fountain Correctional Facility for 1st Degree Rape and 1st Degree Sodomy.
“The combined efforts of multiple federal, state, and local law enforcement agencies resulted in the seizure of a large amount of methamphetamine and the indictment of a dozen individuals for conspiring to traffic in illegal drugs,” said U.S. Attorney Escalona. “The scope of this indictment, including charges for use of firearms and interstate communication facilities to carry out the drug trafficking operation, demonstrates the expertise of our Organized Crime Drug Enforcement Task Force in stopping the flow of dangerous drugs into our communities.”
“In Alabama and all across our nation, DEA and our partners are determined to find drug traffickers, shut down their operations, and bring them to justice. Today’s arrests are yet another strike against the powerful drug trafficking organizations whose tentacles stretch across the state border into our neighborhoods” said DEA ASAC Towanda Thorne-James.
“This case highlights the impact multiple agencies can have when they join forces. We will continue to work together and pursue those individuals who participate in organized crime, distribute illegal and dangerous drugs, and illegally possess firearms. These types of individuals and activities wreak havoc in the communities that we serve which is unacceptable and will not be tolerated” said ATF SAC Mickey French.
The DEA and the ATF investigated the case, along with assistance from the Anniston Police Department, Oxford Police Department, 7th Judicial Circuit Major Crimes Unit, Calhoun County District Attorney’s Office, Talladega County Drug and Violent Crime Task Force, Pell City Police Department, West Alabama Narcotics Task Force, Blount County Sheriff’s Department, and the Alabama National Guard Joint Counter Drug Task Force. Assistant U.S. Attorneys Allison Garnett and Blake Milner are prosecuting the case.
This investigation is part of the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF is an independent component of the U.S. Department of Justice. Established in 1982, OCDETF is the centerpiece of the Attorney General’s strategy to combat transnational-organized-crime and to reduce the availability of illicit narcotics in the nation by using a prosecutor-led, multi-agency approach to enforcement. OCDETF leverages the resources and expertise of its partners in concentrated, coordinated, long-term enterprise investigations of transnational organized crime, money laundering, and major drug trafficking networks.
An indictment contains only charges. Defendants are presumed innocent unless and until proven guilty.
Drug Dealer Sentenced to 300 Months in Federal PrisonRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant James Rumbaua Damaso, age 54, a Naturalized U.S. Citizen from the Republic of the Philippines, was sentenced in the United States District Court of Guam to three hundred months imprisonment with credit for time served for Possession of Fifty or More Grams of Methamphetamine Hydrochloride with Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A)(viii) and 18 U.S.C. § 2. The Court also ordered Damaso serve ten years of supervised release following imprisonment and pay a mandatory $100 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
In July 2019, James Rumbaua Damaso, recruited others to receive packages containing methamphetamine hydrochloride. The methamphetamine was mailed to Guam using the U.S. Postal System. U.S. Postal Inspectors intercepted one of Damaso’s packages containing 1,783 net grams of methamphetamine hydrochloride that was analyzed with a purity of 97%. He was arrested by officers with Homeland Security Investigations (HSI) and the U.S. Postal Inspection Service (USPIS). Damaso was found with an additional 121.4 grams of methamphetamine hydrochloride, $31,418.00 in U.S. Currency, a drug scale and paraphernalia. The methamphetamine in total weighed 1,904 grams, equivalent to 4.2 pounds.
On November 23, 2021, James Rumbaua Damaso was found guilty after nine days of jury trial in the U.S. District Court of Guam. Damaso had prior convictions, including a serious drug felony, subjecting him to enhanced penalties.
“This significant sentence is the result of productive teamwork by multiple agencies at all levels of government,” said John F. Tobon, Special Agent in Charge, HSI Honolulu. “HSI will continue to target individuals and organizations involved in transnational crime.”
"This sentence is a reminder to drug traffickers that we will not tolerate using the U.S. mail to transport controlled substances in Guam or anywhere else," said Acting Inspector in Charge Kevin Rho of the U.S. Postal Inspection Service, San Francisco Division. " I would like to thank local and federal law enforcement agencies for their partnership in stopping the spread of drugs this defendant to justice."
This case was a joint investigation conducted by Homeland Security Investigations, U.S. Postal Inspection Service, and the Guam Customs and Quarantine. The case was prosecuted by Laura C. Sambataro and Rosetta L. San Nicolas, Assistant United States Attorneys in the District of Guam.
Driver charged with theft of mail and official postal keysRead the Press Release
HOUSTON – A 23-year-old resident of Missouri City is set to appear in court on allegations he used his hoodless Buick to steal postal mail and keys, announced U.S. Attorney Jennifer B. Lowery.
Brandon Brantley was taken into custody today. He is set for his initial appearance before U.S. Magistrate Judge Yvonne Y. Ho at 2 p.m. Aug. 3.
The charges allege that on July 12, a hoodless gold Buick was used to steal postal keys from a U.S. Postal Service employee. The investigation soon allegedly revealed the same vehicle and driver was believed to steal mail on June 18.
According to the criminal complaint, law enforcement identified the driver as Brantley. Upon executing a search at his Missouri city home, authorities allegedly found items linking him to both crimes.
If convicted, Brantley faces up to 10 years for stealing the postal keys and a maximum of five years for mail theft.
The U.S. Postal Inspection Service conducted the investigation with the assistance of police departments in Missouri City and Houston. Assistant U.S. Attorney Celia Moyer prosecuted the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.