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12 July 2022
Statement from Attorney General Merrick B. Garland on Confirmation of ATF Director Steve DettelbachRead the Press Release
The Justice Department today released the following statement from Attorney General Merrick B. Garland following the Senate’s bipartisan confirmation of Steve Dettelbach as the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF):
“Every day, ATF’s agents, investigators, and professional staff work tirelessly to protect our communities from violent crime and the devastation caused by gun violence. They provide support, training, and expertise to law enforcement agencies nationwide, conduct life-saving research and analysis, work to ensure that our regulations keep pace with the ever-changing technology of firearms, and disrupt illegal gun trafficking networks. Today, for the second time in history, the United States Senate has voted to give ATF long-overdue Senate-confirmed leadership. As a career prosecutor and the former U.S. Attorney for the Northern District of Ohio, Steve understands the importance and urgency of ATF’s mission, and I am confident he will lead ATF with integrity, dedication, and skill.”
St. Louis downtown carjacker gets 10 1/2 years in prisonRead the Press Release
ST. LOUIS - U.S. District Judge Ronnie L. White on Tuesday sentenced a man from Alorton, Illinois to 10 years and six months in prison for an armed carjacking in downtown St. Louis.
Shortly after midnight on Nov. 18, 2020, Charles Stevenson pulled an AR-15-style pistol out of his pants and pointed it at the head of the owner of a gray 2019 Nissan Altima at the corner of Tucker Boulevard and Pine Street in downtown St. Louis. The victim knelt on the ground and held his keys up for Stevenson, who then took them.
A bystander then began shooting at Stevenson, who ducked behind the Altima before returning fire.
Stevenson then fled in the Altima. A St. Louis Metropolitan Police Department officer soon spotted the stolen car, sparking a high-speed chase that led into Illinois, where Stevenson crashed.
Stevenson, 20, pleaded guilty on April 12, 2022 to carjacking and discharging a firearm in furtherance of a crime of violence.
The case was investigated by the St. Louis Metropolitan Police Department and the FBI.
Springfield Man Indicted for Fentanyl TraffickingRead the Press Release
SPRINGFIELD, Mo. – A Springfield man was indicted by a federal grand jury today for possessing fentanyl that he intended to distribute.
Anthony Cortez Lewis, 40, was charged in an indictment returned by a federal grand jury in Springfield with one count of possessing fentanyl with the intent to distribute. Today’s indictment replaces a federal criminal complaint that was filed against Lewis on June 24, 2022, which charged the same offense.
According to an affidavit filed in support of the original criminal complaint, detectives with the Springfield Police Department executed a search warrant at a residence associated with Lewis on June 23, 2022. Detectives found a blue duffel bag on the floor of a bedroom that contained 825 grams of fentanyl. Detectives also found Lewis’s billfold, which contained his Missouri identification card, as well as other documents, such as a motor vehicle registration for Lewis’s Tesla and his certificate of high school equivalence, in the bedroom.
During the search of the residence, Lewis was seen conducting what appeared to be drug transactions near Sunshine Street and Ingram Mill Avenue. Detectives conducted a traffic stop on the vehicle in which Lewis was allegedly conducting drug transactions and arrested him. When Lewis was transported to the Greene County jail, a strip search was conducted. Jail personnel removed 17 individually packaged bags from Lewis’s rectum that contained a total of approximately 13.1 grams of an off-white substance. The substance, which was not tested, resembled the same color and appearance of the fentanyl found at the residence.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Megan Chalifoux. It was investigated by the FBI and the Springfield, Mo., Police Department.
Somerset County Man Charged with Distributing MethRead the Press Release
JOHNSTOWN, Pa. – A resident of Meyersdale, PA, has been indicted by a federal grand jury in Johnstown on a charge of violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Stephen Andrew Walter, age 53, as the sole defendant.
According to the Indictment presented to the court, on or about May 4, 2022, Walter was found to possess with intent to distribute and distribute 50 grams or more of methamphetamine.
The law provides for a maximum total sentence of life in prison, a fine of $10,000,000, 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 defendant.
Assistant United States Attorney Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police 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.
Sergeant at Texas Jail Pleads Guilty to Federal Civil Rights Offense for Assaulting DetaineeRead the Press Release
David Yager, 29, pleaded guilty today in federal court in the Eastern District of Texas to violating a detainee’s civil rights by using excessive force against him. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division; U.S. Attorney Brit Featherston for the Eastern District of Texas; Assistant Director Luis Quesada of the FBI Criminal Investigative Division; and Special Agent in Charge Matthew DeSarno of the FBI Dallas Field Division made the announcement.
During the plea hearing, Yager admitted that on or about Feb. 28, 2021, while he was acting as a sergeant in the jail at the Van Zandt County Sheriff’s Office, he repeatedly punched a restrained detainee in the chest with a taser, which he also deployed on the detainee. Yager admitted that the detainee was confined to a restraint chair at the time. Yager also admitted that his acts caused bodily injury to the detainee, and that he used force on the detainee despite knowing that there was no legitimate, law enforcement need to use force. Yager admitted that he hit the detainee out of anger.
“Detention officers in correctional settings, especially those in leadership positions, must be held accountable when they violently assault detainees who are in their custody,” said Assistant Attorney General Clarke. “At the time of this assault, the detainee was locked into a restraint chair. When officials inside our jails and prisons betray the great trust placed in them by unlawfully assaulting people in their custody, the Department of Justice will vigorously prosecute them and hold them accountable.”
“Law enforcement officers who violate the law erode confidence in the rule that we hold so dear to our democratic way of life,” said U.S. Attorney Featherston. “Specifically, those officials who violate a citizen’s civil rights will be held accountable for their improper violent actions. We must expect and require officers to act professionally. Simply put, the failure to do so will not be tolerated.”
“The FBI is committed to investigating violations of civil rights, to include the use of excessive force in jails and prisons,” said Assistant Director Quesada. “This case serves as a reminder that any officer who violates the civil rights of detainees will be held accountable.”
With his guilty plea and pursuant to the terms of the plea agreement, the defendant faces a 42-month prison sentence.
A sentencing date will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the FBI Dallas Field Office. It is being prosecuted by Assistant U.S. Attorney Tracey Batson for the Eastern District of Texas and Trial Attorneys Kathryn E. Gilbert and Matthew Tannenbaum of the Justice Department’s Civil Rights Division.
Second Montrose Woman Pleads Guilty in Mail Fraud CaseRead the Press Release
Grand Junction-The United States Attorney’s Office for the District of Colorado announces Shirley Koch, age 69, of Montrose, Colorado, pleaded guilty to one count of mail fraud and aiding and abetting.
According to the plea agreement, the defendant was involved in meeting with families as a representative of Sunset Mesa Funeral Home to discuss the disposition of deceased individuals, and processing and preparing bodies for body broker services. Beginning in 2010, and continuing into 2018, Koch took part in a scheme to illegally sell body parts or entire bodies without the consent of the family of the deceased.
U.S. Magistrate Judge Gordon P. Gallagher presided over the change of plea hearing on July 12, 2022. Sentencing will take place at a later date.
This case was investigated by the FBI Denver Division and the U.S. Department of Transportation Office of Inspector General. It is being prosecuted by Assistant United States Attorneys Jeremy Chaffin and Tim Neff.
Due to public interest in this case, a copy of the plea agreement will be posted to the website of the U.S. Attorney’s Office once the agreement is publicly available.
Case Number: 20-cr-00098
Rhode Island Woman to Admit to Falsifying Military Service; False Use of Military Medals; Identity Theft; and Fraudulently Collecting More Than $250,000 in Veteran Benefits and Charitable ContributionsRead the Press Release
PROVIDENCE – According to a signed plea agreement filed today in U.S. District Court in Providence, a Rhode Island woman who, it is alleged, falsely claimed to be a cancer-stricken U.S. Marine decorated with the Purple Heart and Bronze Star, and who allegedly used those claims to fraudulently gain hundreds of thousands of dollars in charitable benefits and services reserved for injured veterans, will plead guilty to charges of fraud, aggravated identity theft, forgery, and fraudulent use of medals, announced United States Attorney Zachary A. Cunha.
It is alleged that Sarah J. Cavanaugh, 31, of East Greenwich, who, a search of Defense Department records indicates never served in any branch of the U.S. military, used her position as a licensed social worker, employed by the Department of Veteran Affairs at the Rhode Island Veterans Affairs Medical Center, to gain access to documents, personal information, and medical records belonging to a Marine and an actual cancer-stricken Navy veteran. She allegedly used the information to create fraudulent documents and medical records in her name, claiming that she was an honorably-discharged Marine stricken with cancer. It is further alleged that Cavanaugh used the fraudulent documents in various schemes to obtain more than $250,000 in cash, charitable donations, and services reserved for injured veterans.
It is further alleged that Cavanaugh, who portrayed herself as a wounded veteran who served overseas, fraudulently held herself out to be a recipient of a Purple Heart and the Bronze Star, replicas of which she purchased and publicly displayed on a U.S. Marine uniform she wore at public events.
The matter is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron and investigated by the U.S. Department of Veterans Affairs Office of Inspector General; U.S. Department of Veterans Affairs Police Service; and the FBI, with the assistance of the U.S. Defense Criminal Investigative Service; U.S. Naval Criminal Investigative Service; U.S. Postal Inspection Service; and Internal Revenue Service Criminal Investigations.
A defendant’s sentence is determined by a federal district judge after consideration of the U.S. Sentencing Guidelines and other statutory factors.
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Resident of Mexico Indicted in Western PA on Drug ChargeRead the Press Release
PITTSBURGH, PA – A former resident of Culiacan, Sinaloa, Mexico, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Martin Zazueta-Villa, 29, as the sole defendant.
According to the Indictment presented to the court, on or about June 16, 2022, Zazueta-Villa knowingly possessed with intent to distribute 400 grams or more of a mixture and substance containing a detectable amount of fentanyl, and 500 grams or more of a mixture and substance containing a detectable amount of cocaine.
The law provides for a maximum total sentence of not less than 10 years in prison, a fine of not more than $10,000,000.00 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 defendant.
Assistant United States Attorney Katherine C. Jordan is prosecuting this case on behalf of the government.
The Department of Homeland Security/Homeland Security Investigations 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.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 8, 2022, by U.S. District Judge Karen E. Schreier.
Franky Torres, age 29, was sentenced to six years and six months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Torres was indicted by a federal grand jury on November 18, 2021, and pleaded guilty on April 13, 2022. The conviction stems from Torres, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Springfield Armory, model XDs-45 Mod 2, .45 AUTO caliber, semi-automatic pistol, and a North American Arms Corporation, model NAA-22M, .22 Winchester Magnum Rifle caliber, single-action revolver, which were found after Torres came into contact with law enforcement in July 2021 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Torres was immediately remanded to the custody of the U.S. Marshals Service.
Rapid City Man Sentenced to Federal Prison for Illegal Possession of FirearmRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Rapid City, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on July 11, 2022, by U.S. District Judge Jeffrey L. Viken.
Isiah Cutgrass, age 26, was sentenced to 24 months in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Cutgrass was indicted by a federal grand jury on March 18, 2021, and pleaded guilty on March 11, 2022. The conviction stems from Cutgrass, a previously convicted felon who is prohibited from possessing firearms, knowingly possessing a Glock, model 30, .45 AUTO caliber, semi-automatic pistol, which was found after Cutgrass came into contact with law enforcement in March 2020 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Cutgrass was immediately remanded to the custody of the U.S. Marshals Service.
Pryor woman admits assaulting BIA police officer on Crow Indian ReservationRead the Press Release
BILLINGS — A Pryor woman today admitted to accosting and slapping a Bureau of Indian Affairs police officer, who had shot and wounded the woman’s co-defendant after a vehicle chase in Lodge Grass, U.S. Attorney Jesse Laslovich said.
Darwyna Caylynn Catherine Bullshows, 25, pleaded guilty to assault on a federal officer. Bullshows faces a maximum of eight years in prison, a $250,000 fine and three years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Susan P. Watters. The court will determine a sentence after considering the U.S. Sentencing Guidelines and other sentencing factors. Bullshows was released pending further proceedings.
The government alleged in court documents that on March 14, 2021, BIA police officers became engaged in a vehicle pursuit of co-defendant, Darnell Not Afraid, in Lodge Grass, located on the Crow Indian Reservation. Not Afraid, operating a stolen truck, drove at high speeds through residential neighborhoods and nearly struck various pedestrians. At some point during the chase, Bullshows, Not Afraid’s girlfriend at the time, got out of the truck. Not Afraid continued the pursuit, eventually stopped at a residence, got out of the truck and fled on foot. One of the officers left his vehicle and chased Not Afraid into the home’s yard. The officer drew his Taser. As the officer neared Not Afraid, Not Afraid turned toward him, pulled up his shirt and grabbed a revolver from his waistband. The officer then dropped his Taser, drew his service pistol and fired multiple times at Not Afraid, striking him at least once in the arm. Law enforcement recovered the revolver on the ground and determined that it was loaded.
The government further alleged that a crowd of angry people, many of whom were residing at the home where the incident occurred and had been watching the vehicle chase, accosted the officer. They yelled and cursed at the officer and were angry at him for shooting Not Afraid. They also prevented the officer from attending to Not Afraid.
An investigation found that Bullshows assaulted the officer, and that she admitted in an interview to slapping the officer’s face three times.
Not Afraid has pleaded not guilty to charges and is pending trial.
Assistant U.S. Attorney Lori Harper Suek is prosecuting the case, which was investigated by the FBI.
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Prolific Producer of Child Exploitation Material from Philadelphia Sentenced to 20 Years in PrisonRead the Press Release
PHILADELPHIA – United States Attorney Jacqueline C. Romero announced that Andrew Dickson, 58, of Philadelphia, PA, was sentenced to twenty years in prison, and lifetime supervised release by United States District Court Judge C. Darnell Jones for the production, receipt, and possession of voluminous amounts of child pornography, and for accessing a website with the intent to view child pornography.
In 2015, the FBI infiltrated an extensive child exploitation website hidden on the dark web and, as part of that investigation, identified the defendant as a member of the site. The investigation showed that the defendant had produced and created his own child pornography by paying overseas child sex traffickers for online live-streaming shows of children being raped and sexually abused, and then recorded the live-streaming and saved it. When the FBI arrested him, Dickson was found in possession of over 78,000 images of children being sexually abused and exploited, which the defendant had collected over a span of at least 15 years.
This prosecution was a result of Operation Pacifier, an exceptional FBI investigation which has led to hundreds of prosecutions for crimes against children. Operation Pacifier was led by Special Agent Daniel Alfin, who was tragically murdered in Florida on February 2, 2021, during the execution of a child exploitation search warrant in a separate case.
“Not only did this defendant commit the heinous crime of possessing child pornography, but he actively created it for himself and others by exploiting vulnerable children around the world,” said U.S. Attorney Romero. “The size and scope of Mr. Dickson’s ‘collection’ is truly heinous, and we gratefully acknowledge the work of Special Agent Alfin and all the men and women of the FBI who seek to bring these offenders to justice.”
“Andrew Dickson’s actions caused vulnerable children to undergo unimaginable horrors,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “These kids were sexually abused at his direction, while he watched and recorded the exploitation in order to repeatedly relive it. Given the subject matter, cases like this are some of the most difficult the FBI works. They’re also some of the most meaningful. Operation Pacifier is a prime example of the dedication shown by agents like Dan Alfin and FBI Crimes Against Children investigators in Philadelphia and across the country, who are driven to put predators like Dickson behind bars where they can’t harm another child.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Priya T. De Souza.
Polk County Man Sentenced for Role in Construction-Related Wire Fraud and Tax Fraud ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Kathryn Kimball Mizelle has sentenced Guillermo Inamagua (57, Davenport) to 3 years and 10 months in federal prison for conspiracy to commit wire fraud and conspiracy to defraud the United States and the Internal Revenue Service. In addition, the court entered an order of forfeiture in the amount of $1,553,334 as well as an order for the forfeiture of two real properties in Polk County, proceeds of the wire fraud and tax conspiracies. Inamagua had pleaded guilty on March 9, 2022.
According to court documents, Inamagua owned and managed a construction company which purported to supply construction services and labor for construction contractors and subcontractors. In order to comply with Florida law, Inamagua’s company was required to secure and maintain adequate worker’s compensation insurance coverage. Inamagua’s company had agreements with contractors and subcontractors to use workers purported to be Inamagua’s employees at construction sites, and these workers were often undocumented aliens who were actually working for and under the daily supervision and direction of the contractors. Inamagua or others would then regularly receive “payroll checks” from contractors that were cashed at various financial institutions to pay Inamagua’s purported “employees” and other related expenses.
During the time period charged, Inamagua falsely and fraudulently represented in insurance applications that his company had a very limited payroll and a very limited number of employees who worked on construction jobsites. Inamagua also falsely and fraudulently sent wire communications to numerous contractors representing that his company’s employees had full worker’s compensation coverage.
In fact, Inamagua’s company received and cashed more than $19 million in checks from various construction contractors for these purported “employees.” This payroll figure far exceeded the very limited payroll figures that Inamagua had reported to his worker’s compensation insurance company. As a result, these employees—in reality, the employees of other entities—performed work on jobsites without adequate insurance coverage. In addition, the insurers lost premiums they would have charged had they been aware of the true number of workers their policies were thus being manipulated to appear to cover. The loss to those insurers was over $1,460,000 in insurance premiums that were not paid.
As a result of these misrepresentations, Inamagua’s company also disclaimed responsibility for ensuring that jobsite workers were legally authorized to work in the United States and evaded laws that required the payment of state and federal payroll taxes on behalf of these workers. Inamagua’s company did not collect or remit any such payroll taxes to the United States. Further, the contractors who actually paid these workers’ wages and used their services were able to avoid responsibility for those taxes as well. The amount of those un-paid payroll taxes totaled more than $4,670,000.
“Business owners who deliberately evade their tax and legal workforce requirements must be held accountable,” said IRS CI Special Agent in Charge Brian Payne. “Employers who intentionally deflect these obligations undermine what is owed to the U.S. government in payroll taxes and other fees, in addition to creating an unfair economic advantage over the law-abiding businesses who are operating above board.”
This case was investigated by the Internal Revenue Service - Criminal Investigation and the State of Florida Department of Financial Services. It is part of a lengthy investigation by those agencies into the use of shell companies and “ghost” employees in the construction industry. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Pine Ridge Man Sentenced to 15 Years for Meth TraffickingRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on July 8, 2022 by U.S. District Judge Karen E. Schreier.
Lew Bettelyoun, age 46, was sentenced to 15 years in federal prison, followed by five years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund.
Bettelyoun was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on September 18, 2018. On October 23, 2018, additional charges were added for Carrying a Firearm During a Drug Trafficking Offense and Possession of a Firearm by a Prohibited Person. He pleaded guilty to Counts I and II on June 3, 2022. Bettelyoun was responsible for distributing at least 500 grams of methamphetamine on the Pine Ridge Reservation during his involvement in the conspiracy. He obtained methamphetamine and distributed it to others, knowing those persons would engage in additional distribution. Bettelyoun also possessed firearms in furtherance of his drug trafficking conspiracy.
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.
This case was investigated by the Badlands Safe Trails Drug Enforcement Task Force, which is comprised of agents from the FBI, South Dakota Division of Criminal Investigation, Bureau of Indian Affairs Division of Drug Enforcement, Martin Police Department, and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Bettelyoun was immediately returned to the custody of the U.S. Marshals Service.
Pine Ridge Man Sentenced to 13 Years in Federal PrisonRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Pine Ridge, South Dakota, man convicted of Assault Resulting in Serious Bodily Injury and Failure to Register as a Sex Offender (while Committing a Violent Offense) was sentenced on July 7, 2022, by U.S. District Judge Karen E. Schreier.
On the charge of Assault Resulting in Serious Bodily Injury, Benjamin Wendell Smoke, age 63, was sentenced to eight years in federal prison, followed by one year of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. As to the charge of Failure to Register as a Sex Offender, Smoke was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. The prison sentences are to be served consecutively and the time of supervised release is to be served concurrently.
Smoke was indicted by a federal grand jury in April 2019. He pleaded guilty on January 21, 2022. The conviction stems from Smoke assaulting another elderly male on March 17, 2019, at Pine Ridge. Smoke was convicted of First Degree Rape in 1988 and is required to register his address every time he moves for the rest of his life. At the time of this assault he was not in compliance with the Sex Offender Registration and Notification Act, which requires him to register as a sexual offender as a result of a prior sex assault conviction.
This case was investigated by the FBI and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Smoke was immediately remanded to the custody of the U.S. Marshals Service.
Peralta, New Mexico, pharmacy agrees to settlement relating to violations of the Controlled Substances ActRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, announced today that Joe’s Pharmacy of Peralta, New Mexico, has agreed to pay to the United States $50,000 representing civil penalties under Controlled Substances Act (CSA).
The agreement settles civil claims against Joe’s Pharmacy arising from Drug Enforcement Administration (DEA) on-sight inspections on Aug. 7, 2018, and March 5, 2019, and the process by which Joe’s Pharmacy returned or reverse-distributed its controlled substances inventory following the March 5, 2019, inspection. Joe’s Pharmacy failed to account for 24,422 doses of controlled substances, a majority of which were opioid analgesics. The inspections also revealed 112 additional record-keeping violations and four dispensing violations. In the return process, Joe’s Pharmacy failed to account for 1,231 doses of controlled substances and 15 doses of listed chemicals.
“Pharmacies are on the front lines of preventing the abuse of opioids and other controlled substances in our communities,” said U.S. Attorney Uballez. “Pharmacies are responsible for ensuring that controlled substances are only dispensed through a valid prescription for legitimate medical purposes. The failure of a pharmacy to account for opioids and other controlled substances exposes New Mexicans to the risk that these substances will be diverted and abused.”
“Pharmacies, and all registrants, must do their part to ensure that prescription medications are not misused and abused,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “Because we want safe and healthy communities, DEA will continue to utilize its regulatory oversight to ensure these entities comply with the rules set forth in the Controlled Substance Act.”
Assistant United States Attorney Sean Cunniff and Auditor Julie Chappell represented the United States in this matter.
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Ohio Woman Sentenced for Production and Distribution of Child Sexual Abuse MaterialRead the Press Release
ALEXANDRIA, Va. – A Port Clinton, Ohio, woman was sentenced today to 15 years in prison for production and distribution of child sexual abuse material.
According to court documents, in 2020, Ashley Kolhoff, 22, produced sexually explicit images of the minor victim and posted them to a website dedicated to facilitating child exploitation. Over the course of multiple days, Kolhoff distributed the images of the victim to nine other members of the website while she engaged in a series of graphic conversations discussing the users’ desire to sexually abuse the victim.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Kenneth A. Polite, Jr., Assistant Attorney General of the Justice Department’s Criminal Division; and Derek W. Gordon, Special Agent in Charge of Homeland Security Investigations (HSI) Washington, D.C. made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema.
Special Assistant U.S. Attorney Whitney Kramer and Assistant U.S. Attorney Seth Schlessinger prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
In 2021, EDVA launched “UnMasked,” a community-based educational outreach and prevention program in Virginia dedicated to raising awareness and educating the community about the prevalence of online sexual exploitation involving children and young adults. UnMasked is a multi-disciplinary partnership of local, state, federal, and non-profit stakeholders. The core curriculum is provided by the National Center for Missing and Exploited Children’s (NCMEC) NetSmartz program. To report an incident involving online sexual exploitation, call 1-800-843-5678 or submit a report at report.cybertip.org. To request an UnMasked event at your school or organization, please contact EDVA’s Community Outreach Coordinator at [email protected].
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-158.
North Providence Man Sentenced for Defrauding COVID-Relief ProgramRead the Press Release
PROVIDENCE – A North Providence man who was receiving COVID-relief unemployment benefits in Rhode Island, and fraudulently applied for and collected more than $20,000 in unemployment benefits from two other states, has been sentenced to eighteen months in federal prison, announced United States Attorney Zachary A. Cunha and Rhode Island Attorney General Peter F. Neronha.
Derrick Gadson, 35, pleaded guilty in federal court in April to two counts of wire fraud and one count of theft of government money, admitting to a federal judge that, while collecting unemployment benefits in Rhode Island in June 2020, he began filing for benefits in Massachusetts and Arizona, fraudulently claiming that he lived and worked in both states. The fraudulent applications were filed in names other than his own.
Gadson collected a total of $20,727 in federally funded unemployment insurance benefits that he was not entitled to receive.
At sentencing on Monday, U.S. District Court Judge William E. Smith sentenced Gadson to eighteen months of incarceration in federal prison to be followed by three years of federal supervised release. Gadson was ordered to pay restitution totaling $20,727.
This case, as well as other instances of criminal activity related to fraudulent applications for pandemic-related unemployment insurance benefits are being investigated jointly by the FBI, the Rhode Island State Police, and the U.S. Department of Labor – Office of Inspector General. Cases are jointly reviewed, charged, and prosecuted by a team of prosecutors that include Assistant U.S. Attorneys Denise M. Barton, Stacey P. Veroni, and G. Michael Seaman, and Rhode Island Assistant Attorney General John M. Moreira, chief of the Rhode Island Attorney General’s Public Integrity Unit.
Rhode Islanders who believe their personal identification has been stolen and used to fraudulently obtain unemployment benefits are urged to contact the Rhode Island State Police at [email protected] or the FBI Providence office at (401) 272-8310.
In May 2021, the United States Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID- 19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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North Dakota Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Bismarck, North Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Dorian Lester, age 26, was indicted on July 6, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on July 8, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that Lester, who had previously been convicted of a sex crime and required to register under the Sex Offender Registration and Notification Act, failed to do so between May 20, 2022, and July 6, 2022.
The charge is merely an accusation and Lester is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Lester was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for September 13, 2022.
New York Man Admits Role in Mortgage Fraud Scheme Involving Hartford Apartment BuildingsRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that JACOB DEUTSCH, 57, of Brooklyn, New York, waived his right to be indicted and pleaded guilty today before U.S. District Judge Omar A. Williams in Hartford to a charge stemming from a wide-ranging mortgage fraud scheme involving 24 mortgage loans on numerous multifamily housing properties in Hartford totaling nearly $50 million.
According to court documents and statements in court proceedings, Jacob Deutsch and Aron Deutsch work at B H Property Management, LLC (“BHPM”), a property management company that manages numerous multifamily housing properties in Hartford. From September 2016 through May 2021, Jacob Deutsch, who ran the day-to-day operations BHPM, and Aron Deutsch engaged in a scheme to defraud several financial institutions, government-sponsored enterprises Federal Home Loan Mortgage Company (“Freddie Mac”) and the Federal National Mortgage Association (“Fannie Mae”), and the U.S. Department of Housing and Urban Development (“HUD”) by providing them with false information overstating the value of multifamily housing properties managed by BHPM in connection with loans secured by those properties.
As part of the scheme, Jacob Deutsch provided false rent rolls and falsified leases to the victim financial institutions and their appraisers, which either overstated the number of renters by listing fictitious renters or others not actually living there, or falsely inflated the amount of rent paid by occupants. Jacob Deutsch deceived inspectors into believing that unoccupied apartments were occupied by staging the apartments with furniture and by requiring BHPM employees to falsely tell inspectors they lived there and to lie to inspectors if asked whether there were vacancies. For instance, a rent roll and income and expense summary submitted by Jacob Deutsch to CBRE Capital Markets, Inc. (“CBRE”) in June 2018 falsely represented that 16 Evergreen Avenue was 100 percent occupied when, in fact, not a single tenant resided there at the time. Later, Jacob Deutsch e-mailed CBRE pictures of money orders and checks purporting to reflect rent payments from fake tenants on the falsified rent rolls for 16 Evergreen Avenue to show proof of payment of rent when, in fact, the money orders and checks had been purchased by Aron Deutsch or BHPM employees at Aron Deutsch’s direction.
Jacob Deutsch also provided the victim financial institutions with false and inflated income statements and financials for the properties, doctored bank statements, doctored or false documents overstating the purchase price of various multifamily housing properties, and doctored checks and invoices showing false or overstated capital improvements made to those properties. The false information provided by Jacob Deutsch induced the victim financial institutions to issue loans that they otherwise would not have issued on the requested terms, or for amounts larger than they would have authorized had they been provided with truthful information. In addition, the false information induced Freddie Mac and Fannie Mae to purchase the resulting loans from the victim financial institutions, and induced HUD to issue a mortgage insurance commitment to a victim financial institution.
Jacob Deutsch and Aron Deutsch were arrested on a criminal complaint on May 19, 2021.
Today, Jacob Deutsch pleaded guilty to one count of conspiracy to commit mail fraud and wire fraud affecting a financial institution, an offense that carries a maximum term of imprisonment of 30 years. He is released on a $50,000 bond pending sentencing, which is not scheduled.
Aron Deutsch, 61, of Monsey, New York, pleaded guilty to the same charge on June 1, 2022. He is released on a $100,000 bond pending sentencing, which is scheduled for November 3.
This investigation has been conducted by the U.S. Postal Inspection Service, the Federal Housing Finance Agency’s Office of Inspector General, and HUD’s Office of Inspector General for Investigations. The case is being prosecuted by Assistant U.S. Attorneys Heather Cherry and Sarah Gruber.
New Orleans Man Found Guilty of Carjacking and Weapons ViolationsRead the Press Release
NEW ORLEANS, LA – United States Attorney Duane A. Evans announced today that DEVIN WEAVER, age 30, of New Orleans, was found guilty after a two-day jury trial before U.S. District Judge Lance M. Africk.
The jury found WEAVER guilty as charged as to all three counts in the Superseding Indictment. The Superseding Indictment charged WEAVER in Count 1 with carjacking, a violation of 18 U.S.C. § 2119(1), in Count 2 with brandishing a firearm during the commission of a violent crime, in violation of 18 U.S.C. § 924(c)(1)(A)(ii), and in Count 3 with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). He will be sentenced on October 19, 2022. As to Count 1, WEAVER faces a maximum sentence of fifteen (15) years imprisonment, a fine of up to $250,000, up to 3 years of supervised release, and a mandatory $100 special assessment fee. As to Count 2, WEAVER faces a mandatory minimum sentence of seven (7) years up to a maximum of life imprisonment, to be run consecutive to any other sentence imposed, a fine of up to $250,000.00, up to five (5) years of supervised release, and a mandatory special assessment fee of $100.00. Finally, for Count 3, WEAVER faces a maximum sentence of ten (10) years imprisonment, a fine of up to $250,000, up to 3 years of supervised release, and a mandatory $100 special assessment fee.
According to witness testimony, on August 21, 2019, WEAVER and a co-defendant, Tommie Mango, carjacked a woman in the 2000 block of Jackson Avenue. The defendants attempted to obscure their identity by wearing wigs and masks. The victim was ordered from her vehicle at gunpoint, punched and forced to the ground. WEAVER and Mango then left the scene in the victim’s Jeep Cherokee, which contained cell phones and other personal belongings. Through tracking the victims’ cell phones minutes after the incident, both defendants were quickly located and apprehended by law enforcement.
Mango previously pleaded guilty to carjacking and brandishing a weapon during the commission of a violent crime and is scheduled to be sentenced on July 27, 2022.
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Bureau of Alcohol, Tobacco, and Firearms and the New Orleans Police Department. It is being prosecuted by Assistant United States Attorneys Inga Petrovich and Gregory M. Kennedy of the U.S. Attorney’s Office Violent Crime Unit.
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New Mexico Man Sentenced to 40 Months in Federal PrisonRead the Press Release
United States Attorney Alison J. Ramsdell announced that an Albuquerque, New Mexico, man convicted of Abusive Sexual Contact was sentenced on July 6, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Nathan Andrew Castillo, age 53, was sentenced to 40 months in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Castillo was indicted by a federal grand jury in April 2019. He pleaded guilty on March 3, 2022.
The conviction stems from Castillo sexually abusing a female child, who was under the age of 12, in May 2018 near Oglala, South Dakota.
This case was investigated by the FBI. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Castillo was immediately remanded to the custody of the U.S. Marshals Service.
New Jersey Man Charged with Unlawful Transportation of IndividualsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Christoph A. Romero-Gil, 40, of Trenton, New Jersey, appeared today in federal court on a charge alleging that on July 9, 2022, he unlawfully transported individuals he knew to have entered the United States illegally. Romero-Gil pleaded not guilty at his initial appearance before U.S. Magistrate Judge Kevin J. Doyle and was released pending trial.
According to public documents in the case, on July 9, 2022, United States Border Patrol responded to a camera activation showing four subjects with backpacks walking southbound near the international border in Franklin, Vermont. Border Patrol agents responded to the area, and conducted a traffic stop of a Nissan Pathfinder, which was being driven by Romero-Gil. Border Patrol agents found six additional occupants in the Nissan Pathfinder. Two occupants of the vehicle admitted they were Mexican nationals without lawful status in the United States who had unlawfully entered the United States from Canada; they were charged with misdemeanors relating to their unlawful entry as part of this case. The other four individuals in the vehicle were identified as Guatemalan citizens with legal status in Canada, and they were returned to Canada following their apprehension.
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. If convicted, the defendant faces up to 5 years of imprisonment on the current charge. Any sentence in the case will be advised by the Federal Sentencing Guidelines.
U.S. Attorney Nikolas Kerest credited the United States Border Patrol and Homeland Security Investigations for their investigation of Romero-Gil.
Assistant U.S. Attorneys Matthew Lasher and Zachary Stendig represent the government. Romero-Gil is represented by the Office of the Federal Public Defender.
Nassau County Repeat-Offender Sentenced to More Than Seven Years in Federal Prison for Methamphetamine OffenseRead the Press Release
Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan today sentenced Shawn Andrew Wilson (47, Fernandina Beach) to seven years and eight months in federal prison for possessing with the intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine and for violating the conditions of his supervised release. Wilson had pleaded guilty on December 16, 2021.
According to court documents, at approximately 2:00 a.m. on September 2, 2021, Wilson was riding a motorcycle in Jacksonville with the license plate folded up and not visible – a traffic violation. When a police officer signaled him to stop, Wilson made a U-turn and appeared to pull over but then accelerated and fled. After racing through a red traffic light at an intersection, Wilson crashed the motorcycle. Officers arrested Wilson and, during a subsequent search, found in his backpack a jacket, the linings of which concealed four plastic bags containing approximately 114 grams of methamphetamine.
Wilson committed this offense while serving a term of supervised release imposed following his conviction for a previous federal offense. Specifically, in July 2019, a federal court convicted Wilson of possession of a firearm by a convicted felon and sentenced him to 40 months’ imprisonment, followed by a 3-year term of supervised release. Wilson was released from prison and began serving his term of supervised release on April 28, 2021, approximately four months before his arrest in this case.
This case was investigated by the Jacksonville Sheriff’s Office and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Michael J. Coolican.
Morgantown woman admits to role in firearms conspiracyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Bukiye Hatten, of Morgantown, West Virginia, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.
Hatten, 38, pleaded guilty today to one count of “Aiding and Abetting the False Statement in Connection with the Acquisition of Firearms.” Hatten admitted to working with others to illegally purchase several firearms from a licensed dealer in Monongalia County in November 2019.
Hatten faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Michigan City Man Sentenced to 180 Months in PrisonRead the Press Release
HAMMOND- Sergio Gamez, 30 years old, of Michigan City, Indiana was sentenced by United States District Court Chief Judge Jon E. DeGuilio on his plea of guilty to being a felon in possession of firearm, announced United States Attorney Clifford D. Johnson.
Gamez was sentenced to 180 months in prison followed by 2 years of supervised release.
According to documents in the case, on August 7, 2019, as a result of a 911 call about a possible kidnapping, law enforcement responded to a local gas station. At the gas station, Officers located Gamez who was in the vehicle in possession of a rifle. Officers learned that Gamez had demanded the victim drive him around while he threatened her with the rifle. According to his criminal history, Gamez has prior felony convictions for Armed Robbery, Robbery, and Arson which prohibit him from possessing any firearm or ammunition.
This case was investigated by of the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance of the Hammond Police Department. This case was prosecuted by Assistant United States Attorney Caitlin M. Padula.
This case was 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.
Men Plead Guilty in Two Separate Sexual Assault CasesRead the Press Release
Two men have pleaded guilty in separate sexual assault cases, one that occurred in Bartlesville and the other in Tulsa, announced U.S. Attorney Clint Johnson.
On July 8, 2022, Yakir Yakov Zofi, 32, a New York resident and Israeli national, pleaded guilty to aggravated sexual abuse by force and threat in Indian Country. Zofi raped a woman on Nov. 21, 2021, at a Bartlesville residence. The defendant is a non-Indian, and the victim is a tribal citizen. The FBI and Bartlesville Police Department conducted the investigation. Assistant U.S. Attorneys Aaron M. Jolly and Steven J. Briden are prosecuting the case.
On July 11, 2022, Shawn Alexander Simpson, 52, of Tulsa, pleaded guilty to sexual abuse of an incapable victim in Indian Country and abusive sexual contact of an incapable victim in Indian Country. Simpson admitted that on July 18, 2021, while the victim was sleeping in a Tulsa apartment, he touched the victim in a sexual manner over her clothes then put his genitalia into her mouth, which woke her. The defendant is non-Indian, and the victim is a tribal citizen. The Tulsa Police Department and FBI conducted the investigation. Assistant U.S. Attorneys Valeria G. Luster and Steven J. Briden are prosecuting the case.
Member of Violent Chicago Street Gang Sentenced to 35 Years in Federal Prison for Racketeering ConspiracyRead the Press Release
CHICAGO — A member of a violent Chicago street gang has been sentenced to more than 35 years in federal prison for engaging in a pattern of racketeering activity that included multiple murders, armed robberies, drug trafficking, and extortion.
TREMAYNE THOMPSON, 38, of Chicago, pleaded guilty last year to a racketeering conspiracy charge. Thompson admitted in a plea agreement that he conspired with leadership of the Four Corner Hustlers street gang to engage in a pattern of racketeering activity that included using violence and intimidation to protect the gang’s drug dealing activities, primarily on the West Side of Chicago. Thompson admitted participating in the April 2003 murders of George King and Willie Woods. Thompson stated in his plea agreement that he shot the victims after receiving instructions to do so from a leader of the Four Corner Hustlers. In addition to the murders, Thompson sold heroin and crack cocaine and committed multiple armed robberies to further the gang’s interests.
U.S. District Judge Thomas M. Durkin imposed the 427-month prison sentence after a hearing on July 6, 2022, in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and David Brown, Superintendent of the Chicago Police Department.
The investigation was led by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF identifies, disrupts, and dismantles drug traffickers, money launderers, and other criminal offenders that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Substantial assistance was provided by the Chicago FBI’s Safe Street Task Force, the Chicago High Intensity Drug Trafficking Area Task Force (HIDTA), ATF’s Chicago Crime Gun Strike Force, and the Chicago Police Gang Investigations Division. Additional assistance was provided by the Illinois Secretary of State Police Department, U.S. Bureau of Prisons, Illinois Department of Corrections, and Illinois State Police.
“For nearly two decades, Tremayne Thompson terrorized the West Wide of Chicago as a member and enforcer for the Four Corner Hustlers street gang,” Assistant U.S. Attorneys Kavitha J. Babu and William Dunne argued in the government’s sentencing memorandum. “The defendant, along with other members of the gang, peddled heroin and crack cocaine, robbed people at gunpoint, extorted others, and murdered men as they stood on city sidewalks. Every year the defendant is incapacitated is a year that the people who live on the West Side of Chicago are safer.”
Thompson was indicted on the racketeering charge in 2017 along with eight other alleged members of the Four Corner Hustlers and two additional defendants. Seven co-defendants pleaded guilty and one went to trial and was convicted. Thompson is the fourth defendant to be sentenced.
Member of 8Ave Street Gang Convicted of Distributing Narcotics and Illegal Possession of FirearmRead the Press Release
A Cleveland man and member of the “8Ave” street gang known to operate in the city of Cleveland’s 5th District was convicted by a federal jury on Monday, July 11, 2022, of participating in a conspiracy to distribute fentanyl, crack cocaine and illegal possession of a firearm.
Following a four-day trial, Kindell Smith, 32, of Cleveland, was convicted of conspiracy to distribute and possess with intent to distribute controlled substances, two counts of distribution of controlled substances, possession with intent to distribute controlled substances, namely fentanyl and possession of a firearm in furtherance of a drug trafficking crime along with being a felon in possession of a firearm.
According to court documents, on April 14, 2020, law enforcement officers with the Southeast Area Law Enforcement (SEALE) began an investigation into suspected drug trafficking activities of Smith. As part of the investigation, authorities encountered Smith distributing fentanyl and cocaine near the 3200 block of Central Avenue in Cleveland.
On May 19, 2020, authorities again encountered Smith, this time with codefendants Darrell Douglas and Dreshawn Maddox, who each have been convicted and sentenced at a prior date, distributing heroin from a vehicle. During this encounter, authorities approached the vehicle and ordered the occupants to show their hands. The vehicle then sped away from the scene and struck the driver’s side of a law enforcement vehicle.
Officers removed the occupants from the vehicle and observed Smith attempting to hide a firearm under the driver’s seat. The firearm belonging to Smith was later recovered along with various amounts of fentanyl and crack cocaine.
Smith is prohibited from possessing a firearm due to previous convictions of drug trafficking and felonious assault in the Cuyahoga County Common Pleas Court.
Smith is scheduled to be sentenced on October 25, 2022, and faces a maximum possible sentence of 25 years in prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Cleveland Division of Police and the Southeast Area Law Enforcement. This case was prosecuted by Assistant U.S. Attorneys Payum Doroodian and Robert F. Corts.
McKeesport Woman Pleads Guilty after Police Uncover a Kilo of Heroin. Fentanyl and a Fentanyl Analogue During Car SearchRead the Press Release
PITTSBURGH - A McKeesport, Pennsylvania resident pleaded guilty in federal court to violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.
Shaila Ashby, age 30, pleaded guilty to one count of possession with intent to distribute one kilogram or more of heroin, before United States District Robert J. Colville.
In connection with the guilty plea, the court was advised that, on September 15, 2019, a Trooper with the Pennsylvania State Police stopped Ms. Ashby’s vehicle for traffic violations as she drove westbound on the Pennsylvania Turnpike in Westmoreland County. After speaking with Ms. Ashby, the Trooper believed that she may be involved in drug trafficking, so the Trooper asked for her consent to search her vehicle. Ms. Ashby voluntarily consented to a search of her vehicle. The Trooper searched Ms. Ashby’s vehicle and discovered an aftermarket hidden compartment behind the rear seats that was operated by an electronic mechanism from the vehicle’s cupholder. The Trooper searched the compartment and found approximately 2,500 bricks, or 2.1 kilograms, of a mixture of heroin; fentanyl; and acetyl fentanyl, a fentanyl analogue.
Judge Colville scheduled sentencing for Nov. 22, 2022. The law provides for a total sentence of not less than 10 years and up to life imprisonment, a fine not to exceed $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Pennsylvania State Police conducted the investigation that led to the prosecution of Ms. Ashby.
Massachusetts Man Sentenced to 128 Months for Attempted KidnappingRead the Press Release
DETROIT – A Massachusetts man was sentenced yesterday to 128 months’ imprisonment on a charge of attempted kidnapping, announced United States Attorney Dawn N. Ison.
Ison was joined in the announcement by Special Agent in Charge James Tarasca, Federal Bureau of Investigation, Detroit Division.
Sentenced was Damon Burke, 49, of Vineyard Haven, Massachusetts.
Burke admitted in his plea agreement that on March 23, 2021, he had attempted to kidnap the victim—an ex-girlfriend from approximately 20 years ago with whom he had no recent contact. Burke had previously stalked the victim and restrained her in a vehicle without her consent after their relationship ended. That episode led to a conviction on state charges of criminal possession of a firearm in New York in 2002. In March 2021, Burke resumed his harassment of the victim. After driving from Massachusetts to Michigan, Burke assaulted the woman’s housemate and tried to steal a key to the victim’s home. Burke then attempted to go to the victim’s home. Police later stopped Burke near that location. In his car, Burke had a note to the victim, a stun gun, and a variety of kidnapping tools, including zip ties, handcuffs, smoke grenades, and other items.
United States Attorney Dawn N. Ison said that “This conviction is a result of a joint effort between local and federal law enforcement to apprehend our most violent offenders and hold them accountable. The swift action of law enforcement at the outset of this case surely prevented what could have been a far more serious crime. And the offender’s sentence will serve to protect the victim and our community going forward.”
“Mr. Burke terrorized his victims both physically and emotionally, and while that harm cannot be undone, today’s sentence is a first step towards getting justice,” said James A. Tarasca, Special Agent in Charge of the FBI’s Detroit Field Office. “We are grateful to the Northville and West Bloomfield Police Departments for working alongside the FBI to pursue those who seek to harm members of our community.”
Burke has also pleaded guilty in the Third Judicial Circuit Court to armed robbery and was sentenced to serve 12 – 25 years in prison for his robbery and assault of the victim’s roommate.
The case was the result of a joint investigation by the Northville Police Department, the West Bloomfield Township Police Department, and the Federal Bureau of Investigation, as well as a cooperative effort between the Wayne County Prosecutor’s Office and the United States Attorney’s Office.
This case was prosecuted by Assistant United States Attorneys Erin Ramamurthy and Christopher Rawsthorne.
Man Sentenced for Conspiracy to Distribute Meth on the DarknetRead the Press Release
ALEXANDRIA, Va. – A Fairfax man was sentenced today to 52 months for conspiring to distribute between 15 and 45 kilograms of pills containing methamphetamine via the darknet.
According to court documents, from about May 2019 through December 2019, Tyler Pham, 39, conspired to distribute peach tablets advertised as Adderall, but in fact containing methamphetamine, nationwide through the U.S. mail. Pham used the moniker “addy4cheap” on darknet markets, the Empire Market and Cryptonia. Between August 2019 and December 2019, law enforcement agents conducted 20 controlled purchases from “addy4cheap” on both markets for a total of 767 peach tablets received, weighing approximately 268 grams total.
On Dec. 9, 2019, search warrants were executed at Pham and his co-conspirators’ residences, including the homes of Lien Kim Thi Phan, 37, Fairfax, and Hon Lam Luk, 35, Chantilly. In the home of Phan and Pham, agents found 95 peach tablets, and in Luk’s residence, investigators found over 6,000 peach tablets weighing approximately 2.2 kilograms, all of which resembled those advertised on “addy4cheap” and those received by law enforcement through controlled purchases.
As of Dec. 10, 2019, “addy4cheap” had completed 3,665 sales on the Empire Market and received 2,568 reviews. Based on these reviews, “addy4cheap” had received approximately $482,572.10 in sales for an approximate 44,872 pills sold. As of Nov. 7, 2019, “addy4cheap” had fulfilled 140 transactions on Cryptonia.
Pham’s six co-conspirators- Phan and Duong Nguyen, 29, of Springfield; Son Nguyen, 36, of Annandale; Dat Nguyen, 37 of Alexandria; Trieu Hoang, 39, of Springfield; along with Luk- all previously entered guilty pleas in connection with the conspiracy and were sentenced to over 13 years in prison combined.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division; George Scavdis, Special Agent in Charge, FDA Office of Criminal Investigations, Metro Washington Field Office; Tira Hayward, Acting Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; Kevin Davis, Fairfax County Chief of Police; and Jarod A. Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea.
Assistant U.S. Attorneys Bibeane Metsch and Jay V. Prabhu are prosecuting the case.
This investigation was conducted by the FBI Washington Field Office’s Hi-Tech Opioid Task Force, which is composed of FBI agents, FBI analysts, and task force partners, including special agents and inspectors of the Food and Drug Administration’s Office of Criminal Investigations, DEA, U.S. Postal Inspection Service, and detectives from local assisting police agencies. The task force is charged with identifying and investigating the most egregious Dark Web marketplaces, and the vendors operating on the marketplaces who are engaged in the illegal acquisition and distribution of controlled substances, to include fentanyl, methamphetamine, and other opioids.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-66, and related cases 1:20-cr-24, 1:20-cr-29, 1:20-cr-32, 1:20-cr-155, 1:20-cr-265; 1:20-cr- 266.
Man from Wayne, Ok Sentenced to Serve Seven Years in Federal Prison for Purcell, Ok Robbery Involving Uzi-Style Airsoft GunRead the Press Release
OKLAHOMA CITY – Yesterday, SEAN ROBERT TYSON, 32, of Wayne, Oklahoma, was sentenced to serve 84 months in federal prison for a Purcell, Oklahoma, robbery involving an Uzi-style airsoft gun, announced U.S. Attorney Robert J. Troester.
Public records reflect that Tyson was initially charged and sentenced in the District Court of McClain County, Oklahoma. That conviction was dismissed based on the United States Supreme Court ruling in McGirt v. Oklahoma. On June 28, 2021, a one-count Information was filed in federal court against Tyson that charged him with Robbery in Indian Country. On July 15, 2021, Tyson pleaded guilty to the Information. According to court records, Tyson asked to borrow the victim’s phone while at Star Travel Plaza in Purcell. When the call concluded, Tyson pointed what looked like a real Uzi firearm at the victim and a two-year-old child held by the victim, saying to the victim that the phone now belonged to Tyson. He then fled in a vehicle with the victim’s phone.
At the sentencing hearing yesterday, U.S. District Court Judge Patrick Wyrick sentenced Tyson to serve 84 months in federal prison. In support of his sentence, Judge Wyrick cited, among other things, the serious nature of the offense, Tyson’s criminal history, and the impact of the robbery on the victim family. Judge Wyrick also ordered that upon release from prison, Tyson must serve three years of supervised release. Tyson has been in federal custody since his arrest on May 28, 2021. Tyson is an admitted member of the Universal Aryan Brotherhood.
This case was the result of an investigation by the FBI Oklahoma City Field Office and the Purcell Police Department. Assistant U.S. Attorney Daniel Gridley, Jr. prosecuted the case.
Reference is made to public filings for more information.
Lower Brule Man Convicted by Federal Jury for Assaulting a Federal OfficerRead the Press Release
United States Attorney Alison J. Ramsdell announced that Jade LaRoche, age 42, of Lower Brule, South Dakota, was found guilty of Assaulting, Opposing, Resisting, Impeding, Intimidating, or Interfering with a Federal Officer as a result of a two-day federal jury trial in Pierre, South Dakota.
The charge carries a maximum penalty of eight years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
LaRoche was indicted by a federal grand jury on January 11, 2022.
The evidence at trial showed that on October 31, 2021, in Lower Brule, LaRoche forcibly opposed and resisted a federal law enforcement officer. The officer was called to a residence to remove LaRoche. Upon learning that he was going to be placed under arrest, LaRoche ran from the officer into a back bedroom of the home. As the officer approached the back bedroom, the defendant charged out from his hiding spot, striking the officer and knocking him backwards into a table. The victim suffered injuries to his neck, back, and shoulder.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
A presentence investigation report was ordered and a sentencing date has not been set. LaRoche was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.
Louisiana Man Sentenced to Life in Prison for Aggravated Sexual Abuse of a MinorRead the Press Release
EL PASO – A Louisiana man was sentenced today to life in prison for aggravated sexual abuse of a minor under the age of 12.
According to court testimony and documents presented at trial, Marco Antonio Abundiz, aka Marco Antonio Abundis, 33, lived at Fort Bliss. In October 2020, a six-year-old made an outcry against Abundiz. The investigation revealed that Abundiz had sexually abused the child on Fort Bliss on multiple occasions. Further investigation revealed that Abundiz had repeatedly sexually assaulted another minor several years prior. The defendant also admitted to downloading and viewing child sexual abuse material.
On April 1, 2022, a federal jury sitting in El Paso found Abundiz guilty of one count of aggravated sexual abuse of a minor under the age of 12 years. Abundiz has been in federal custody since his arrest on October 27, 2020.
“Today’s sentence serves as another example that our office will do everything in its power to help ensure that those who harm children in our communities are held fully responsible for their reprehensible actions,” said United States Attorney Ashley C. Hoff. “These victims were brave. Their courageous testimony not only helped secure some measure of justice but put this pedophile behind bars.”
“A child should feel and be safe in their community,” said Jeffrey R. Downey, Special Agent in Charge of the FBI El Paso Field Office. “I hope today's sentencing brings some closure to the victim knowing this predator will be in federal prison for a very long time. I want to thank the members of the FBI El Paso’s Crimes Against Children/Human Trafficking task force for their work on this case and their commitment to protecting our most vulnerable population, our children, to ensure justice is served for them.”
The FBI, with valuable assistance from the Army Criminal Investigation Division, investigated the case. Assistant U.S. Attorneys Sarah Valenzuela and Christopher Mangels prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Long Island MS-13 Gang Associate Sentenced to 25 Years in Prison for Murdering a 15-Year-Old Boy in FreeportRead the Press Release
Earlier today, in federal court in Central Islip, Eduardo Portillo, also known as “Firuli” and “Tito” (Portillo), an associate of the violent transnational criminal organization La Mara Salvatrucha, also known as the “MS-13,” was sentenced by United States District Judge Gary R. Brown to 25 years in prison for his role in the murder of 15-year-old Javier Castillo in Cow Meadow Park in Freeport. The defendant, who was arrested in El Salvador and extradited to the United States to face these charges, pleaded guilty in September 2021 to racketeering, and admitted to his involvement in the Castillo murder and narcotics trafficking on behalf of the MS-13.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Rodney K. Harrison, Commissioner, Suffolk County Police Department (SCPD), announced the sentence.
“With today’s sentence, Portillo learned there are very serious consequences for participating in the planning and execution of a murder so that he could gain membership in the MS-13 gang, a vicious criminal enterprise whose members have no regard for human life or the rule of law,” stated United States Attorney Peace. “That the victim in this case was a 15-year-old boy is all the more tragic, and it is my hope that dogged work of law enforcement in tracking down the defendant in El Salvador, his extradition to the Eastern District of New York, and the decades the defendant will spend in prison, brings some measure of closure to the family of the young victim.”
Mr. Peace expressed his appreciation to the investigators and analysts from the FBI’s Long Island Gang Task Force and Transnational Anti-Gang (TAG) Unit in El Salvador, the Nassau County Police Department, and the Justice Department’s Office of International Affairs for its assistance with Portillo’s extradition.
“Today’s sentencing sends another clear message that gang violence will not be tolerated and the extradition of this suspect proves law enforcement will go to great lengths to ensure justice is served,” stated SCPD Commissioner Harrison said. “I would like to thank all our law enforcement partners for bringing this case to a successful conclusion and hope this sentencing brings some sense of closure for the victim’s family.”
Portillo and other MS-13 members targeted Castillo for death because he was believed to be a member of the 18th Street gang, one of MS-13’s principal rivals. On October 10, 2016, Portillo, who was friendly with Castillo, and other Brentwood-based members of the Sailors Locos Salvatruchas Westside (Sailors) clique of the MS-13, convinced Castillo to go with them to Freeport – approximately 20 miles away – to smoke marijuana. There, they lured Castillo to an isolated marsh area in Cow Meadow Park, where Portillo and his co-conspirators attacked Castillo, taking turns hacking him to death with a machete. Afterwards, the MS-13 members dug a hole and buried Castillo’s body. The victim’s brother informed the SCPD that he was told by a person who had ties with the MS-13 to stop looking for Castillo, because he was already “gone and buried.” Castillo’s body was recovered one year later in October 2017.
Portillo, who was illegally in the United States at the time of the murder, was deported to El Salvador before he was indicted for Castillo’s murder. However, after he was indicted, the United States Attorney’s Office for the Eastern District of New York (USAO-EDNY) and FBI obtained an INTERPOL Red Notice for Portillo. On February 23, 2019, El Salvador’s Policía Nacional Civil (PNC) Centro Antipandillas Transnacional (CAT) Unit, who are assigned to the Transnational Anti-Gang (TAG) Unit, located Portillo and arrested him in Morazán, El Salvador on the Red Notice. The USAO-EDNY subsequently requested Portillo’s extradition and, on November 6, 2020, he was extradited to the United States.
Today’s sentencing is the latest accomplishment in a series of federal prosecutions by the USAO-EDNY targeting members and associates of the MS-13, a violent, transnational criminal organization. The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States. With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders, and assaults. Since 2010, this Office has obtained indictments charging MS-13 members and associates with carrying out more than 60 murders in the district, and has convicted dozens of MS-13 leaders, members, and associates in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, New York State Police, Hempstead Police Department, Rockville Centre Police Department, and New York State Department of Corrections and Community Supervision.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Paul G. Scotti, Justina L. Geraci, and Megan E. Farrell are in charge of the prosecution.
The Defendant:
EDUARDO PORTILLO (also known as “Firuli” and “Tito”)
Age: 25
Residence: San Francisco Gotera, Morazán, El Salvador; formerly of Central Islip and Brentwood, New YorkDocket: 16-CR-403 (S-7)(GRB)
Leader of robbery rip crew handed 26-year sentenceRead the Press Release
HOUSTON – The leader of a group of robbers that targeted game rooms, alien smugglers and drug traffickers has been ordered to federal prison, announced U.S. Attorney Jennifer B. Lowery.
Jose Salomon Madrid-Paz aka Chaparro, 58, pleaded guilty Jan. 10 to interference of commerce by robbery and using a firearm during a crime of violence.
Today, U.S. District Judge Lynn N. Hughes sentenced Madrid-Paz to a total of 312 months in federal prison and ordered him to pay $30,400 in restitution. Not a U.S. citizen, he is expected to face removal proceedings following his imprisonment.
At the hearing, the court heard additional evidence detailing how Madrid-Paz and others were planning on committing three other robberies in addition to those related to their convictions as well additional statements about such crimes. Madrid-Paz said made comments detailing the arrest of others and how a security guard had been killed in other robberies because his co-defendants did not follow his instructions.
Madrid-Paz had been orchestrating robberies for over a decade. They would spend several days or weeks casing game rooms by pretending to be players. On the day of each robbery, Madrid-Paz would assign each member of the robbery crew specific duties. These included disarming security guards and tying them up, finding those with access to the safe or cash drawer, carrying it out of the location and acting as the getaway driver.
Madrid-Paz himself would act as a lookout and be in charge of dividing the money.
A “rip crew” is a group of individuals that engages in robberies of businesses and individuals that are unlikely to report the incident to law enforcement. This group was known as the tumbadores. They were comprised of illegal aliens from Central America who committed dozens of armed robberies in the Houston vicinity of game rooms, drug dealers and alien smugglers.
In addition to the robbery involving the death of a security guard, several others included the kidnapping of illegal aliens who were held for ransom.
Madrid-Paz has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Houston Police Department and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys Adam Laurence Goldman and Lisa Marie Collins prosecuted the case.
Kyle Woman Sentenced to Nine Years in Federal PrisonRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Kyle, South Dakota, woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on July 7, 2022, by U.S. District Judge Karen E. Schreier.
Donna Garnette, age 29, was sentenced to nine years in federal prison, followed by three years of supervised release, and was ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Garnette was indicted for the charge by a federal grand jury in May 2021, and pleaded guilty in December 2021. The conviction stems from Garnette obtaining and distributing fentanyl (4-ANPP) and hydrocodone pills with her conspirators on the Pine Ridge Reservation.
The case was investigated by the Badlands Safe Trails Task Force, which includes the FBI, Bureau of Indian Affairs, Oglala Sioux Tribe Department of Public Safety, South Dakota Department of Criminal Investigation, and the Department of Health and Human Services-Office of Inspector General. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Garnette was immediately remanded to the custody of the U.S. Marshals Service.
Justice Department Announces Reproductive Rights Task ForceRead the Press Release
The Justice Department announced today the establishment of the Reproductive Rights Task Force. The Task Force formalizes an existing working group and efforts by the Department over the last several months to identify ways to protect access to reproductive health care in anticipation of the possibility of the Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey. Associate Attorney General Vanita Gupta will chair the Task Force, which will consist of representatives from the Department’s Civil Division, Civil Rights Division, U.S. Attorney community, Office of the Solicitor General, Office for Access to Justice, Office of Legal Counsel, Office of Legal Policy, Office of Legislative Affairs, Office of the Associate Attorney General, Office of the Deputy Attorney General and Office of the Attorney General and will be supported by dedicated staff.
“As Attorney General Garland has said, the Supreme Court’s Dobbs decision is a devastating blow to reproductive freedom in the United States,” said Associate Attorney General Gupta. “The Court abandoned 50 years of precedent and took away the constitutional right to abortion, preventing women all over the country from being able to make critical decisions about our bodies, our health, and our futures. The Justice Department is committed to protecting access to reproductive services.”
The Task Force will monitor and evaluate all state and local legislation and enforcement actions that threaten to:
- Infringe on federal legal protections relating to the provision or pursuit of reproductive care;
- Impair women’s ability to seek reproductive care in states where it is legal;
- Impair individuals’ ability to inform and counsel each other about the reproductive care that is available in other states;
- Ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy; or
- Impose criminal or civil liability on federal employees who provide reproductive health services in a manner authorized by federal law.
The Task Force will identify such actions and coordinate appropriate federal government responses, including proactive and defensive legal action where appropriate. The Task Force will work with agencies across the federal government to support their work on issues relating to reproductive rights and access to reproductive healthcare.
The Justice Department is working with external stakeholders such as reproductive services providers, advocates and state attorneys general. The Task Force will continue this important effort. It will also work with the Office of Counsel to the President to convene a meeting of private pro bono attorneys, bar associations and public interest organizations in order to encourage lawyers to represent and assist patients, providers and third parties lawfully seeking reproductive health services throughout the country. In order to assist attorneys working to protect access to comprehensive reproductive health services, the Task Force will centralize online legal resources, such as filed Justice Department legal briefs and information about the Freedom of Access to Clinic Entrances Act.
Recognizing that the best way to protect reproductive freedom is through congressional action, the Task Force will also coordinate providing technical assistance to Congress in connection with federal legislation to codify reproductive rights and ensure access to comprehensive reproductive services. It will also coordinate the provision of technical assistance concerning Federal constitutional protections to states seeking to afford legal protection to out-of-state patients and providers who offer legal reproductive healthcare.
Jury Convicts Six-Time Convicted Felon for Possessing A FirearmRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that a federal jury has found Davion Rivers (27, Bradenton) guilty of possessing a firearm as a convicted felon. Rivers faces a minimum mandatory sentence of 15 years, and up to life, in federal prison. His sentencing hearing has not been set yet. Rivers had been indicted on August 27, 2020.
According to testimony presented at trial, on August 10, 2020, law enforcement officers encountered Rivers when they responded to a call for service. Rivers yelled at the officers and pushed one of them. An officer saw that Rivers had a firearm in his pocket after the push. The officer tased Rivers and recovered the firearm from his pocket. The firearm was a Taurus Judge, a revolver that can fire shotgun shells, and which had five spent shell casings in the cylinder. Officers later secured a search warrant for Rivers’s phone and found that it contained a text message thread where Rivers had negotiated and agreed to buy the firearm.
As a previously convicted felon, Rivers is prohibited from possessing a firearm or ammunition under the law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Bradenton Police Department. It was prosecuted by Assistant United States Attorneys Charlie D. Connally and David W.A. Chee.
This case was 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.
Jamaican National Extradited to United States in Connection with Federal Charges Related to Fraudulent Sweepstakes Scheme that Targeted Elderly Victims in United StatesRead the Press Release
SCRANTON – A resident of St. James Parish, Jamaica was extradited to the United States and made his initial appearance in federal court in Scranton, Pennsylvania on charges relating to his participation in a phony sweepstakes scheme that targeted elderly victims in the United States, the Department of Justice and U.S. Postal Inspection Service announced today.
Damone D. Oakley, 40, of the Point District, St. James Parish, was charged in a 16-count indictment with mail and wire fraud. The indictment was filed in the U.S. District Court for the Middle District of Pennsylvania in June 2021 and was unsealed after the defendant’s extradition to the United States.
According to the indictment, Oakley sought to unlawfully enrich himself through a fraudulent sweepstakes scheme targeting the elderly. Victims throughout the United States received mailings, text messages or phone calls in which they were falsely told that they had won millions of dollars and luxury vehicles in a sweepstakes, but first needed to pay taxes and fees in order to claim their winnings. The indictment alleges that Oakley, using a variety of names, including “Officer Alex Logan” and “Officer Stan Valentine,” instructed his victims on how to send their money (and to whom the funds should be sent), including through the use of wire transfers, direct bank deposits, the U.S. Postal Service and private commercial mail carriers. Victims were directed to send money directly to Oakley as well as to individuals in the United States and elsewhere who served as intermediaries and transmitted the money to Oakley. In addition to sending cash or wire transfers, the indictment alleges that victims were directed to purchase electronics, jewelry and clothing, and to then have the purchased items shipped to mail forwarding services in Florida. The victims never received any “winnings.”
“The Department of Justice’s Consumer Protection Branch is committed to pursuing criminals who defraud vulnerable U.S. consumers – both domestically and abroad – and to prosecuting them to the full extent of the law,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This is the first extradition requested by the United States in accordance with the evidentiary rules contained in Jamaica’s recently revised Extradition Act, and we are encouraged by the streamlined extradition process that led to the defendant’s appearance in federal court to face these charges.”
“Scammers like these are targeting the most vulnerable people in our society,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “In the Middle District of Pennsylvania, we are proud to prioritize and prosecute individuals who engage in such acts and commend our law enforcement partners who help make these results possible.”
“The U.S. Postal Inspection Service is committed to investigating scammers, domestically and internationally, who use the U.S. mail to enrich themselves by targeting and financially exploiting the most vulnerable of American consumers – the elderly,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s Criminal Investigations Group. “Today’s extradition exemplifies the Postal Inspection Service’s efforts to collaborate with foreign and domestic law enforcement partners to bring these criminals to justice.”
The case is being prosecuted by Senior Litigation Counsel Linda I. Marks of the Department of Justice’s Civil Division, Consumer Protection Branch, along with Assistant U.S. Attorney Christian Haugsby for the Middle District of Pennsylvania. The U.S. Postal Inspection Service investigated the case. The Justice Department’s Office of International Affairs and the Jamaica Constabulary Force’s Lottery Scam Task Force and the Jamaica Fugitive Apprehension Team provided critical assistance.
The department’s extensive and broad-based efforts to combat elder fraud seeks to halt the widespread losses seniors suffer from fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This 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 open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.
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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Jamaican National Extradited to United States in Connection with Federal Charges Related to Fraudulent Sweepstakes Scheme that Targeted Elderly Victims in United StatesRead the Press Release
A resident of St. James Parish, Jamaica, was extradited to the United States and made his initial appearance in federal court in Scranton, Pennsylvania, on charges relating to his participation in a phony sweepstakes scheme that targeted elderly victims in the United States, the Department of Justice and U.S. Postal Inspection Service announced today.
Damone D. Oakley, 40, of the Point District, St. James Parish, was charged in a 16-count indictment with mail and wire fraud. The indictment was filed in the U.S. District Court for the Middle District of Pennsylvania in June 2021 and was unsealed after the defendant’s extradition to the United States.
According to the indictment, Oakley sought to unlawfully enrich himself through a fraudulent sweepstakes scheme targeting the elderly. Victims throughout the United States received mailings, text messages or phone calls in which they were falsely told that they had won millions of dollars and luxury vehicles in a sweepstakes, but first needed to pay taxes and fees in order to claim their winnings. The indictment alleges that Oakley, using a variety of names, including “Officer Alex Logan” and “Officer Stan Valentine,” instructed his victims on how to send their money (and to whom the funds should be sent), including through the use of wire transfers, direct bank deposits, the U.S. Postal Service and private commercial mail carriers. Victims were directed to send money directly to Oakley as well as to individuals in the United States and elsewhere who served as intermediaries and transmitted the money to Oakley. In addition to sending cash or wire transfers, the indictment alleges that victims were directed to purchase electronics, jewelry and clothing, and to then have the purchased items shipped to mail forwarding services in Florida. The victims never received any “winnings.”
“The Department of Justice’s Consumer Protection Branch is committed to pursuing criminals who defraud vulnerable U.S. consumers – both domestically and abroad – and to prosecuting them to the full extent of the law,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “This is the first extradition requested by the United States in accordance with the evidentiary rules contained in Jamaica’s recently revised Extradition Act, and we are encouraged by the streamlined extradition process that led to the defendant’s appearance in federal court to face these charges.”
“Scammers like these are targeting the most vulnerable people in our society,” said U.S. Attorney Gerard M. Karam for the Middle District of Pennsylvania. “In the Middle District of Pennsylvania, we are proud to prioritize and prosecute individuals who engage in such acts and commend our law enforcement partners who help make these results possible.”
“The U.S. Postal Inspection Service is committed to investigating scammers, domestically and internationally, who use the U.S. mail to enrich themselves by targeting and financially exploiting the most vulnerable of American consumers – the elderly,” said Inspector in Charge Eric Shen of the U.S. Postal Inspection Service’s Criminal Investigations Group. “Today’s extradition exemplifies the Postal Inspection Service’s efforts to collaborate with foreign and domestic law enforcement partners to bring these criminals to justice.”
The case is being prosecuted by Senior Litigation Counsel Linda I. Marks of the Department of Justice’s Civil Division, Consumer Protection Branch, along with Assistant U.S. Attorney Christian Haugsby for the Middle District of Pennsylvania. The U.S. Postal Inspection Service investigated the case. The Justice Department’s Office of International Affairs and the Jamaica Constabulary Force’s Lottery Scam Task Force and the Jamaica Fugitive Apprehension Team provided critical assistance.
The department’s extensive and broad-based efforts to combat elder fraud seeks to halt the widespread losses seniors suffer from fraud schemes. The best method for prevention, however, is by sharing information about the various types of elder fraud schemes with relatives, friends, neighbors and other seniors who can use that information to protect themselves.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is available at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This 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 open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. Information about the Department of Justice’s Elder Fraud Initiative is available at www.justice.gov/elderjustice.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Houston Man Indicted for Attempting to Use Drone to Drop Contraband into Beaumont Federal Prison ComplexRead the Press Release
BEAUMONT, Texas – A Houston man has been indicted for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Davien Phillip Turner, also known as Davien Phillip Mayo, 44, was named in an indictment returned by a federal grand jury on July 6, 2022, charging him with owning or operating a drone that is not registered and serving or attempting to serve as an airman without an airman’s certificate.
Prisons around the country have faced the problem of individuals using drones to fly over prison complexes and drop contraband items to the prison population. According to court documents, on May 19, 2022, law enforcement officials in Jefferson County, Texas were alerted that a person was operating a drone on the property of the Federal Correctional Complex in Beaumont. Law enforcement officials responded and eventually found Turner in the area where the drone was being operated. Near Turner, officers discovered a DJI Matrice 600 Pro Drone. Law enforcement officers also discovered several bags near the drone that Turner allegedly was going to drop into the prison complex via the drone. Inside those bags were tobacco, cell phones, cell phone chargers, various tools, vape pens, and other items. Those items were to be sold by inmates within the prison. Under federal law, this type of drone was required to be registered with the Federal Aviation Administration, and Turner had failed to do so. Furthermore, to operate a drone under these circumstances, a certificate was needed, which Turner also had not obtained.
If convicted, Turner faces up to three years in federal prison and a fine of up to $250,000.
This case is being investigated by the FBI, the Bureau of Prisons, the Jefferson County Sheriff’s Office, and the Federal Aviation Administration. This case is being prosecuted by Assistant U.S. Attorney Russell James.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Genesee Man Sentenced to over 8 Years for Possession of Child PornographyRead the Press Release
COEUR D’ALENE – Bradley Loewen, 51, of Genesee, was sentenced to 97 months in federal prison for possession of child pornography.
According to court records, the investigation began after the Federal Bureau of Investigation (“FBI”) determined that a Kik Messenger account, later identified as belonging to Loewen, had been used to distribute child pornography. The FBI obtained a federal search warrant for Loewen’s Kik Messenger account and located over 600 images of child pornography.
The FBI subsequently obtained a federal search warrant for Loewen’s Genesee residence and seized his cellphone. During an examination of the cellphone, the FBI located evidence that Kik Messenger had been installed on the cellphone but had been deleted shortly before the cellphone was seized. During an interview, Loewen admitted to using Kik Messenger to trade files of child pornography and to engage in sexual conversations about children.
Senior Ninth Circuit Judge Richard Tallman, sitting as a U.S. District Court judge, also ordered Loewen to serve 15 years of supervised release following his prison sentence, to forfeit the cellphone that was used to commit the offense, and to pay $9,000 in restitution to the victims in the images he possessed. As a result of the conviction, Loewen will be required to register as a sex offender.
U.S. Attorney Josh Hurwit, of the District of Idaho made the announcement and commended the cooperative efforts of the FBI, the Idaho State Police, the Latah County Sheriff’s Office, and the Moscow Police Department which led to charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Gas Station Manager Admits to Billing Fraudulent Fuel Charges on Amtrak VehiclesRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, gas station manager today admitted making approximately $78,000 in fraudulent fuel charges using account information belonging to more than 17 gas station customers, including Amtrak, U.S. Attorney Philip R. Sellinger announced.
Umer Hassan Mir, 40, of South Amboy, New Jersey, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an information charging him with knowingly and with intent to defraud effecting transactions with one or more access devices issued to other persons having a value over $1,000, over a one-year period of time.
According to documents filed in this case and statements made in court:
From February 2018 through August 2021, while working at a Delta gas station in Metuchen, New Jersey, Mir caused numerous fraudulent fuel charges to be entered on fuel credit cards leased by the General Services Administration (GSA) and assigned to Amtrak vehicles. Mir would manually enter account information regarding fuel credit cards that he personally collected and saved during legitimate fuel transactions electronically into the point-of-sale terminal at the Delta gas station. Following false fuel transactions, Mir withdrew cash in the amount of the fraudulent transaction from the gas station’s cash register. According to statements in court, Mir used this cash for personal expenses and to pay another gas station employee for working extra hours on Mir’s behalf.
The access fraud charge carries a maximum potential penalty of 15 years in prison and a $250,000 fine. Sentencing is scheduled for Dec. 13, 2022.
U.S. Attorney Sellinger credited special agents of the Amtrak, Office of Inspector General, Eastern Region, under the direction of Special Agent in Charge Michael J. Waters; the GSA Office of Inspector General, Northeast Field Investigations Division, under the direction of Special Agent in Charge Joseph Dattoria; and postal inspectors with the U.S. Postal Inspection Service, Philadelphia Division, under the direction of Postal Inspector in Charge Damon Wood, with the investigation leading to today’s guilty plea. He also thanked the Metuchen Police Department, acting under the direction of Chief of Police Arthur Flaherty for its assistance.
The government is represented by Senior Trial Counsel Leslie Faye Schwartz of the U.S. Attorney’s Office’s Special Prosecutions Division.
Fresno Man Who Illegally Manufactured and Sold Firearms Sentenced to 4 Years and 9 Months in PrisonRead the Press Release
FRESNO, Calif. — Steven Eric Cabrera, 27, of Fresno, was sentenced today by U.S. District Judge Dale A. Drozd to four years and nine months in prison for illegally possessing a machine gun, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in May 2020, Cabrera attempted to sell a firearm to a customer, who was an undercover law enforcement officer. Several months later, in January 2021, Cabrera posted videos and photographs in which he advertised firearms for sale on his social media account. Law enforcement executed a search warrant at his residence and seized ammunition, firearms manufacturing equipment, and several firearms, including a machine gun. Cabrera was arrested and charged with several federal firearms offenses. In April 2022, Cabrera pleaded guilty to illegally possessing a machine gun.
The case was the result of an investigation by the Multi-Agency Gang Enforcement Consortium (MAGEC), the Fresno Police Department, and the Federal Bureau of Investigation. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Four Canadian Nationals Charged with Defrauding U.S. and Canadian Investors in Diamond SchemeRead the Press Release
First Assistant U.S. Attorney Michelle M. Baeppler announced that four Canadian men were charged for their roles in an alleged conspiracy that persuaded investors in the United States and Canada to invest in diamonds and other jewelry through false and misleading information.
Named in the charging documents are James Gagliardini, 44, of Unionville, Ontario; Michael Shumak, 52, of Markham, Ontario; Anthony Palazzolo, 64, of Pickering, Ontario and Jack Kronis, 63, of Toronto, Ontario. The defendants are each charged with one count of wire fraud.
According to court documents, the defendants portrayed themselves as employees of Paragon International Wealth Management, Inc., a Canadian investment firm that sold investors diamonds and other jewelry items via unsolicited phone calls to individuals in the United States and Canada.
It is alleged that from 2013 to 2018, Paragon would purchase lists of potential customers in the U.S. and Canada and made unsolicited telemarketing phone calls to these individuals. During these phone calls, it is alleged that Paragon representatives persuaded potential investors to make small investments in “pink diamonds,” which Paragon claimed would increase in value. If an individual agreed to invest, court documents state that Paragon would often mail the customer a real pink diamond and a legitimate appraisal certificate as a show of good faith.
According to court records, after some time, Paragon would contact the customer again to persuade them to invest more money using false or misleading information and several fictitious schemes it had concocted.
One scheme is alleged to have involved informing investors that a wealthy international buyer would purchase the investor’s diamonds at a significant profit if the investor gave Paragon more money to increase the diamond’s physical size. Another scheme allegedly involved asking investors to give Paragon more money in order to “upgrade” their diamonds and make them more valuable at fabricated diamond auctions. A third scheme allegedly involved sending customers fraudulent appraisal certificates, which inflated the value of an investor’s diamonds they purportedly owned.
A bill of information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, a defendant’s sentence will be determined by the Court after a review of factors unique to this case, including the prior criminal records, if any, role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by the FBI Cleveland. This case is being prosecuted by Assistant U.S. Attorneys James P. Lewis and Brad J. Beeson.
Fort Thompson Woman Sentenced for AssaultRead the Press Release
United States Attorney Alison Ramsdell announced that a Fort Thompson, South Dakota, woman convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Marvel Dion, age 37, was sentenced to 18 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Dion was indicted by a federal grand jury on March 9, 2020. She pled guilty on April 4, 2022.
The conviction stemmed from an incident that occurred on February 1, 2020, in Fort Thompson. Dion repeatedly struck an officer after being informed she was being placed under arrest.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Dion was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Sentenced for LarcenyRead the Press Release
United States Attorney Alison J. Ramsdell announced that a Fort Thompson, South Dakota, man convicted of Larceny was sentenced on July 5, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Tanner Shields, age 32, was sentenced to 21 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Shields was indicted by a federal grand jury on February 8, 2022. He pled guilty on April 4, 2022.
The conviction stemmed from an incident that occurred June 21, 2021, in Hughes County. Using a stolen pick-up truck and trailer, Shields stole a skid steer and then removed the serial numbers from the equipment.
This case was investigated by the Sioux Falls Police Department, the Tripp County Sheriff’s Office, and the Bureau of Indian Affairs – Office of Justice Services. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Shields was immediately remanded to the custody of the U.S. Marshals Service.
Former South Florida Resident Convicted of Smuggling Illegal Refrigerant from China to U.S.Read the Press Release
Miami, Florida – Yesterday, 69-year-old Jorge Murrillo pled guilty in federal district court in Miami to conspiring to violate the Clean Air Act (CAA) by importing over 300,000 kilograms of illegal hydrochlorofluorocarbon-22 (HCFC-22), worth over $1.5 million, into the United States from China. HCFC-22 is a widely used refrigerant for residential heat pump and air-conditioning systems.
The CAA regulates air pollutants, including ozone depleting substances such as HCFC-22. The CAA and its implementing regulations established a schedule to phase out the production and importation of ozone depleting substances, with a complete ban starting in 2030. To meet its obligations under an international treaty to reduce its consumption of ozone depleting substances, the United States issued baseline consumption allowances for the production and importation of HCFC-22 to individuals and companies. To legally import HCFC-22, one must hold an unexpended consumption allowance.
According to court records and a Factual Statement filed in Court, Murrillo smuggled large quantities of HCFC-22 into the United States to sell on the black market. Murrillo and his co-defendant would negotiate with a Chinese manufacturer for the purchase of large quantities of HCFC-22 and then import them into South Florida ports. At no point did Murrillo or his companies or associates hold unexpended consumption allowances that would have allowed the legal importation of HCFC-22. Between June and August 2007, Murrillo conspired to, and otherwise smuggled, approximately 309,536 kilograms of HCFC with a market value of $1,525,670, into the U.S. Murrillo resided outside the United States from the time of his indictment in 2012 until his arrest in Miami in May 2022.
Murrillo’s co-defendant, Norberto Guada, was previously convicted, in 2012, of illegally importing HCFC-22, and served a federal prison sentence.
Senior U.S. District Judge Donald L. Graham has set Murrillo’s sentencing hearing for September 20, at 11:00 a.m., in federal district in Miami. Murrillo faces up to five years in prison.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, Charles Carfagno, Special Agent in Charge, U.S. Environmental Protection Agency (EPA), Criminal Investigation Division, Southeast Area Branch and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, announced the conviction.
EPA, Criminal Investigation Division and HSI Miami investigated the case. Customs and Border Protection assisted. Special Assistant U.S. Attorney Jodi A. Mazer and Assistant U.S. Attorney Thomas Watts-FitzGerald are prosecuting it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 12-cr-20514.
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