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7 June 2022
Grand Jury Indicts Prior Federal Felon on New Drug Charges Along with Co-conspiratorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Joseph S. Zaso a/k/a Joey Cracks, 38, of Buffalo, NY, and Denver J. Komenda, 47, of Jamestown, NY, with narcotics conspiracy. In addition, Zaso is charged with using and maintaining a drug-involved premises and distribution of fentanyl and faces a mandatory minimum penalty of 15 years in prison and a maximum of life. Komenda is also charged with possession with intent to distribute fentanyl and faces a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated according to the indictment, between September 2018, and May 2022, Zaso and Komenda conspired to possess and sell heroin and fentanyl. Zaso is also accused of using a residence on Locust Street in Jamestown to conduct drug trafficking activities, including the distribution of large quantities of heroin and fentanyl. Zaso was previously convicted of possession with intent to distribute controlled substances in federal court in the Eastern District of Michigan and sentenced to serve 60 months in prison. Zaso was on federal supervised release, which was transferred from Michigan to the Western District of New York, until July 2021.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Georgia Man Pleads Guilty to Fraud and Kickback Scheme Involving Covid-19 and Cancer Genetic TestingRead the Press Release
NEWARK, N.J. – A Georgia man pleaded guilty today for his role in a conspiracy to commit health care fraud and receive kickbacks in connection with fraudulent testing claims for COVID-19 and cancer genetic screenings, U.S. Attorney Philip R. Sellinger announced.
Erik Santos, 52, of Braselton, Georgia pleaded guilty to a two-count Information charging him with, in count one, conspiracy to violate the Federal Anti-Kickback statute, and, in count two, conspiracy to commit health care fraud, before U.S. District Judge Kevin McNulty in Newark federal court.
According to documents filed in this case and statements made in court:
Santos owned and operated a company that conducted business with medical testing companies. From September 2019 through March 2020, Santos and others agreed to engage in a scheme to provide medical testing companies with qualified patient leads and tests for medically unnecessary cancer genetic screening tests for Medicare beneficiaries in exchange for kickbacks of approximately $1,000 to $1,500 for each test that resulted in a reimbursement from Medicare. Santos entered into a sham contract and utilized sham invoices to make it appear that he was being paid for legitimate services and to conceal his fraudulent kickback scheme. During the course of the scheme, Santos received kickbacks of approximately $33,250 for cancer genetic screening tests. Santos’s scheme aimed to submit more than $1.1 million in fraudulent claims to Medicare.
In March 2020, at a time when many individuals reported difficulty obtaining Covid-19 tests, Santos and others agreed to extend their scheme to also incorporate those tests, along with significantly more expensive and medically unnecessary respiratory pathogen panel tests. Specifically, Santos and his co-conspirators agreed that Santos would be paid kickbacks for each Covid-19 test submitted to a laboratory, provided that those tests were bundled with significantly more expense respiratory pathogen panel tests, which did not treat or identify Covid-19, and regardless of the medical necessity of either test. Santos agreed to use sham contracts and sham invoices to conceal this portion of the scheme as well.
The count of conspiracy to commit health care fraud carries a maximum potential punishment of 10 years in prison. The count of conspiracy to violate the Anti-Kickback Statute carries a maximum potential penalty of five years in prison. Both offenses are also punishable by a fine of $250,000 or twice the gross gain or loss from the offense.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge Jesse Levine in Newark; the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert; the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, Northeast Field Office, under the direction of Special Agent in Charge Patrick Hegarty; the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office under the direction of Special Agent in Charge Christopher Algieri with the ongoing investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Sean M. Sherman of the Criminal Division in Newark.
Defense counsel: James Smith
Former Senior Maryland Health Official Pleads Guilty to Bribery ConspiracyRead the Press Release
Baltimore, Maryland – Isabel FitzGerald, age 52, of Annapolis, Maryland, pleaded guilty today to bribery involving an agent of a program receiving federal funds in relation to a scheme involving information technology contracts with the State of Maryland Department of Human Services. As part of her guilty plea, FitzGerald will be ordered to pay $38,310 in restitution.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to her guilty plea, from February 2007 to August 2013, FitzGerald held several offices in the Maryland State government, including serving as Chief Information Officer of the Department of Human Resources (DHR), as a consultant indirectly compensated by DHR, and as DHR Deputy Secretary of Operations.
While employed as a government agent, from December 2011 to January 2013, FitzGerald received financial benefits from two senior members of an IT Company (Company 2) in exchange for influence in connection with the performance of favorable official acts. In the process of influencing contracts, FitzGerald used her own company, Aeon Consulting and Technical Services, Inc., to facilitate contracts and favorable business dealings.
As stated in her plea agreement, in July 2011, FitzGerald entered into an agreement to work as a contractor for Company 3. Company 3 obtained a technology contract with the Montgomery County Department of Health and Human Services (DHHS), an agency that received grant funding from DHR. In September 2011, FitzGerald agreed to work for Company 3 as a Project Manager on Company 3’s work in Montgomery County and submitted a letter of resignation to DHR indicating that her last official day would be October 14, 2011.
In October 2011, the CEO of Company 2 sought to gain favor with FitzGerald due to her previous role within DHR and her current role with Montgomery County DHHS. In the same month, the CEO and Company 2 agreed to pay FitzGerald through her company, Aeon, for purportedly providing the services of Person 2. Per the arrangement, FitzGerald and Aeon entered into contracts resulting in Aeon collecting a balance of $20 per hour worked by Person 2. This represented Company 2’s entire profit on its contract for the work of Person 2. Despite this arrangement, Person 2 continued to be supervised by Company 2 employees, not by FitzGerald.
After FitzGerald resigned from her position as DHR Chief Information Officer, an arrangement was made with senior officials of DHR and Montgomery County DHHS that permitted FitzGerald to continue to work for DHR within her new role at Montgomery County DHHS. FitzGerald acknowledges that she was aware that funding for her position would be paid by DHR and that she was an agent of the state. As a result of this agreement, FitzGerald agreed to work 20 hours per week for the benefit of DHR, with the ability to work up to 40 hours per week for the benefit of DHR. In return, DHR increased its grant funds to Montgomery County DHHS for the rate of $110 per hour worked by FitzGerald. As a result, FitzGerald continued to exercise influence over the business of DHR in a consultant compacity.
After the CEO of Company 2 contacted FitzGerald and requested her assistance in maintaining Company 2’s business in the state of Maryland, FitzGerald and the CEO negotiated an agreement in which FitzGerald would be compensated for her influence to obtain work for Company 2. FitzGerald did not divulge the existence of this arrangement to any employees of DHR, to include the Secretary of DHR or the Acting CIO, even after she took on the role of a consultant compensated indirectly by DHR.
Later, after FitzGerald learned that she had been named Deputy Secretary of Operations of DHR, FitzGerald directed the CEO of Company 2 to transfer the contract for Person 2 to Kenneth Coffland, with whom she shared a close personal relationship.
pThe total amount of the bribe FitzGerald received was $35,000. She also directed an additional $3,080 to Coffland. Co-defendant Coffland was indicted on charges related to the bribery conspiracy in 2017, and a separate charge of extortion under color of official right in 2018 and is scheduled for trial on June 21, 2022. An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
FitzGerald faces a maximum sentence of 10 years in federal prison followed by three years of supervised release for bribery involving an agent of a program receiving federal funds. U.S. District Judge Paul W. Grimm has scheduled sentencing for October 13, 2022, at 9:30 a.m.
United States Attorney Erek L. Barron commended the FBI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Sean R. Delaney and Jefferson M. Gray, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Former Legislator Found Guilty of Theft of Government Funds and Honest Services Wire FraudRead the Press Release
SAN JUAN, Puerto Rico – After a six-day jury trial, former legislator Nestor Alonso-Vega was found guilty of nine counts of Federal Funds Theft, Kickbacks; and Honest Services Wire Fraud, announced United States Attorney W. Stephen Muldrow. United States District Court Chief Judge Raúl Arias-Marxuach presided over the trial. The FBI was in charge of the investigation.
According to court documents and evidence presented at trial, between April 2018 and September 2020, Nestor Alonso-Vega authorized several salary adjustments for his assistant. It was agreed that his assistant would kickback to Alonso-Vega half of the total amount of the pay raise, split between each pay day. The defendant received more than $40,000.
It was further alleged that the assistant, who testified during the trial, used a variety of means to transfer the kickbacks to Alonso-Vega. For example, he used ATH Móvil, made withdrawals around the time he received his paycheck and paid Alonso-Vega in cash, and, at times, made payments to Alonso-Vega’s Home Depot account.
“We continue to see the results of our efforts fighting public corruption,” said U.S. Attorney Muldrow. “My office will continue to diligently investigate and prosecute public corruption schemes to protect the public and hold those involved accountable for their actions.”
“Public Corruption is and will continue to be a top priority for the FBI and today’s verdict is a result of that commitment.” – said Special Agent in Charge of the FBI San Juan Field Office, Joseph González. “I’d like to thank the US Attorney’s Office for being a strong partner in this commitment and urge those who might still need to come forward with information regarding these schemes, to do so. Our lines and doors are always open, and it’s never too late to do the right thing.”
Assistant U.S. Attorney Scott Anderson prosecuted the case. The case was investigated by FBI Special Agent Juan Carlos López of the San Juan Field Office.
Former LADWP Executive Sentenced to Four Years in Federal Prison for Lying to FBI About Secret Business Relationship with LawyerRead the Press Release
LOS ANGELES – A former top-level Los Angeles Department of Water and Power (LADWP) executive was sentenced today to 48 months in federal prison for lying to the FBI about a lucrative job offer he secretly solicited and agreed to accept in exchange for providing “guarantees” of additional LADWP contract money to a lawyer who held a bribery-fueled contract with the department and also served as its special counsel.
David F. Alexander, 54, of Arcadia, was sentenced by United States District Judge Stanley Blumenfeld Jr., who also ordered Alexander to pay a fine of $50,000.
Alexander, who served as LADWP’s chief information security officer from May 2017 until February 2019, and then served as the department’s chief cyber risk officer for the next six months, pleaded guilty on February 8 to one count of making false statements to federal investigators investigating corruption at LADWP.
“At every turn, [Alexander] made clear through his actions and his words that his interests lay in his own financial future…at the cost of LADWP and its ratepayers,” prosecutors argued in a sentencing memorandum.
Beginning in 2017, Alexander developed a professional relationship with Paul O. Paradis, 58, a New York lawyer who – while secretly and simultaneously representing a ratepayer suing the department – represented LADWP in a lawsuit against PricewaterhouseCoopers (PwC), the vendor it blamed for a major billing debacle.
In 2017, Paradis created a Los Angeles-based company known as Aventador Utility Solutions LLC, which obtained a three-year, $30 million no-bid contract with LADWP to perform remediation work on the faulty billing system. Aventador – later renamed Ardent Cyber Solutions LLC – also performed certain cybersecurity-related work for LADWP.
From February 2019 to April 2019, Alexander abused his position as LADWP’s chief cyber risk officer and the vice-chair of the Cyber Security Working Group for the Southern California Public Power Authority (SCPPA) – a collective of 11 municipal utilities, including LADWP. Alexander manipulated the bidding process to unlawfully steer a $17 million contract to Ardent by influencing the composition of the scoring committee to include individuals whom he could persuade to rank Ardent favorably and by sharing his confidential scores for the SCPPA proposals with other members of the committee to persuade them to score Ardent favorably.
Alexander later met with Paradis and boasted about securing the contract for Ardent.
In June and July of 2019, Alexander further manipulated in Ardent’s favor an RFP process from LADWP for the award of a three-year, $82.5 million cybersecurity consulting services contract. Alexander was one of the RFP drafters and he solicited Paradis’s edits for the request to enhance Ardent’s ability to gain the contract over the dozen-plus other vendors.
By mid-July, Alexander solicited and agreed to accept from Paradis a future job as the chief administrative officer of Ardent, a to-be-determined executive-level annual salary, a sign-on bonus, and recompense of $60,000 per year for 30 years for his early retirement penalty from LADWP. Alexander did so, intending to be influenced and rewarded in connection with his ongoing assistance in securing the award of the multimillion-dollar LADWP cybersecurity contract to Ardent and use of his position to guarantee more than $10 million in future task orders for Ardent under the anticipated LADWP contract.
Alexander also asked for a secret Ardent email address and agreed to accept a laptop computer to communicate with Paradis and to secretly perform work for Ardent while he was employed at LADWP.
On July 22, 2019, the FBI executed search warrants at LADWP as part of its ongoing investigation into the department and the Los Angeles City Attorney’s Office. Two days later during a voluntary interview, Alexander lied to the FBI about his conversations and corrupt agreements with Paradis. On July 26, 2019, Alexander met again with the FBI and again lied, falsely stating that he had declined any employment opportunity with Ardent and that he had never provided any guarantees to Ardent or to Paradis.
Paradis pleaded guilty on January 28 to one count of bribery. He is scheduled to be sentenced on July 19.
David H. Wright, 62, of Riverside, LADWP’s former general manager, was sentenced to six years in federal prison and fined $75,000 for accepting bribes from Paradis in exchange for his official action to secure the three-year, $30 million no-bid LADWP contract for Aventador.
The FBI is investigating this matter. Any member of the public who has information related to this or any other public corruption matter in the City of Los Angeles is encouraged to send information to the FBI’s tip line at tips.fbi.gov or to contact the FBI’s Los Angeles Field Office at (310) 477-6565.
Assistant United States Attorneys Susan Har and Jamari Buxton of the Public Corruption and Civil Rights Section prosecuted this case.
Former Bank Vice President and Real Estate Developer Sentenced to Federal Prison for Bank Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA – Jennifer Woods, 46, of Panama City, Florida, and Jeffrey Cannon, 48, of Orlando, Florida, were sentenced on March 9, 2022, and today, respectively, after previously pleading guilty to charges relating to a bank fraud conspiracy. Woods was sentenced to a total of twenty-four months in prison for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Conspiracy to Commit Wire Fraud. Cannon was sentenced to a total of forty-one months in prison for Conspiracy to Commit Bank Fraud and Conspiracy to Commit Wire Fraud. The sentences were announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
“This investigation and the associated sentences should serve as a significant deterrent to those who would engage in fraudulent transactions, especially financial representatives who abuse their positions of trust,” said U.S. Attorney Coody. “Our law enforcement partners are to be commended for their dedication, investigating and recovering the victim’s hard-earned funds.”
Court documents reflect that between October 2006 and August 2019, Woods was employed with Centennial Bank in Panama City, Florida, with her last position being the Vice President of Commercial Lending. Court documents further reflect that Woods met Cannon, a real estate developer in Orlando, Florida, several years before Woods left Centennial Bank. Cannon was looking for private lenders to “invest” with him, and Woods connected Cannon with other Centennial Bank customers (against Centennial Bank’s policies and procedures). Beginning in February 2018, Woods began embezzling funds from Centennial Bank customers and transferring the stolen funds to Cannon. At times, some of the embezzled funds were used to repay moneys owed by Cannon or to replace previously embezzled funds before the accountholders became aware that their funds were missing. In total, Cannon fraudulently obtained over $3 million from Woods as a result of their bank and wire fraud conspiracy.
“Fraud erodes the faith that citizens have in our financial institutions,” said Bay County Sheriff Tommy Ford. “We appreciate the teamwork with our partners at the United States Secret Service and the United States Attorney’s Office for helping to restore the public trust.”
“This successful investigation and prosecution is a testament to the high level of law enforcement proficiency and cooperation in the Northern District of Florida,” said Resident Special Agent in Charge Seth Reister, United States Secret Service, Tallahassee Resident Office. “The Bay County Sheriff’s Office was a dutiful and indispensable partner in this investigation and produced value added results through their tenacity and professionalism. In combination with the expertise provided by the United States Attorney’s Office for the Northern District of Florida, this prosecution grants closure to both the victims and the community at large.”
Woods’ imprisonment will be followed by five years of supervised release, and Cannon’s imprisonment will be followed by three years supervised release. The court ordered both defendants to pay over $3 million in restitution to Centennial Bank and its customers and entered a $3,069,114.39 forfeiture money judgment against Cannon.
This case was jointly investigated by the Bay County Sheriff’s Office and the United States Secret Service. Assistant United States Attorney Justin M. Keen prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Florida Man Who Stole over $170,000 in Covid-19 Unemployment Insurance Benefits Sentenced to over Five Years in Federal PrisonRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Christopher Guy, age 30, of Tampa, Florida to 65 months in federal prison, followed by a three years of supervised release, for conspiracy to commit wire fraud and mail fraud, and aggravated identity theft. Judge Gallagher also ordered Guy to pay $176,970 in restitution.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge Troy Springer, of the Washington Regional Office, U.S. Department of Labor Office of Inspector General (DOL-OIG); Postal Inspector in Charge Greg L. Torbenson of the U.S. Postal Inspection Service - Washington Division; and Chief Gregory Der of the Howard County Police Department.
The Coronavirus Aid, Relief, and Economic Security Act (CARES ACT) was enacted on March 27, 2020, to assist individuals experiencing financial distress as a result of the Covid-19 pandemic. Among other things, the CARES Act established the Federal Pandemic Unemployment Compensation program (FPUC), which provided federal funds to state agencies responsible for the administration of unemployment benefits. The FPUC funds were provided to supplement regular unemployment compensation payments to qualified applicants.
According to his plea agreement, from May 26, 2020, to August 5, 2020, Guy and his co-conspirators submitted fraudulent applications, using the personal information of identity theft victims, claiming unemployment benefits to which they were not entitled. The applications were submitted through the internet to the Oklahoma Employment Security Commission (OESC) and other state workforce agencies. Based on the fraudulent applications, OSEC and other workforce agencies disbursed benefits, including FPUC funds, through debit cards issued in the names of the identity theft victims. The debit cards were mailed to addresses in Maryland and elsewhere, that were accessible to Guy and other conspirators. Guy and his co-conspirators used the debit cards to withdraw money and to conduct retail transactions.
For example, between July 27 and August 5, 2020, Guy conducted fraudulent transactions using debit cards in the names of at least seven identity theft victims and funded with unemployment compensation, including FPUC funds. On August 5, 2020, Guy used a debit card issued in the name of an identity theft victim to purchase a laptop computer for $2,225.99, from a retail electronics store in Elkridge, Maryland. Howard County Police officers, who had been called for a possible fraudulent purchase, approached Guy in the parking lot. Upon questioning by the officers, Guy falsely stated that he had lost the receipt and that he made the purchase using a card he produced bearing no name. When officers advised that the number on the card did not match that listed on the receipt reprinted by the store, Guy falsely claimed that he must have lost the card he used to purchase the laptop. Guy was then arrested by officers, who located the card used to purchase the laptop in Guy’s pocket.
A search of Guy’s vehicle by Howard County Police Department officers recovered $1,500 in cash, four debit cards issued in names other than Guy’s, multiple electronic devices, and a room key from a hotel in Chevy Chase, Maryland. A search warrant was obtained for Guy’s hotel room and officers recovered 13 additional debit cards issued in various names, additional electronic devices, receipts from retail purchases, and $11,619 in cash. DOL-OIG agents obtained surveillance images that showed Guy using the debit cards funded with fraudulently obtained unemployment benefits at ATMs within a mile of the hotel where he was staying. Twelve of the debit cards that were used in these transactions were recovered from Guy or his hotel room on August 5, 2020.
A forensic examination of the electronic devices seized from Guy and his hotel room revealed internet searches and browsing history relating to unemployment benefits; notes containing the mailing addresses where the fraudulent debit cards were delivered by mail; and a listing of the last four digits of each of the 18 debit cards recovered on August 5, 2020, each with a monetary balance listed next to it.
Agents with DOL-OIG also learned that the 18 debit cards seized from Guy or his hotel room were issued as a result of 16 fraudulent applications for unemployment benefits submitted in the names of identity theft victims. The 16 fraudulent claims resulted in the disbursement of more than $176,970 in unemployment and FPUC funds, which losses were reasonably foreseeable to Guy.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended the U.S. Department of Labor-OIG, U.S. Postal Inspection Service, and the Howard County Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Sean R. Delaney, who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Federal Natural Resource Trustees Propose Construction of Riverside Park in East NewarkRead the Press Release
BASF CorporationPlans to turn a former industrial site into a public riverfront park may soon become reality for area residents. The Department of Justice today announced the opening of a 30-day public comment period on an agreement that would credit BASF Corporation (BASF) for its contributions toward the design, construction, and 30-year stewardship of a five-acre park at the intersection of Clay Street and Passaic Avenue.
The credit would be applied to BASF’s liability as one of more than 100 parties whose past activities potentially contributed to contamination and natural resource injuries related to the Diamond Alkali Superfund site and Berry’s Creek Study Area. BASF is the first of these potentially responsible parties at the sites to propose early, proactive restoration to address a portion of these alleged natural resource damage liabilities.
The Department of Justice, on behalf of the Trustees, is now seeking public comment to determine community support for the implementation of the crediting agreement with BASF.
“This innovative agreement will address injuries to natural resources from decades of industrial contamination and it will bring to life a healthy public space for generations to enjoy,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The Justice Department is committed to seeking justice for communities who have borne an unjust share of pollution in America. This agreement brings lasting benefits to communities in the near term that might have taken many years of litigation to achieve.”
The park project would improve quality of life for communities and benefit wildlife by converting hardened industrial land into forest, grasslands, wetlands, and pollinator gardens connected by pathways and an elevated walkway along the Passaic River. If the agreement is approved, it is anticipated that project construction will proceed and the park would open to the public in late 2023 or spring 2024.
“This park will provide needed green space to urban communities currently facing a shortage of such spaces, and enhance recreational opportunities and access to the river, helping to connect people to nature in their neighborhoods,” said Wendi Weber, Northeast Regional Director for the U.S. Fish and Wildlife Service. “It will also create and conserve natural areas along the Passaic River that provide foraging, nesting and resting habitat for a variety of migratory birds and wildlife.”
While the crediting agreement does not address all the injuries incurred as a result of pollution, this early restoration provides significant benefits in advance of negotiated settlements or litigation that often take years to complete. The riverfront park restoration project and the natural resource damage assessment crediting is occurring separately from, but in coordination with site cleanup activities, which are overseen by the U.S. Environmental Protection Agency (EPA).
This would be the first restoration project associated with federal natural resource damage assessment and restoration activities related to the extensive Diamond Alkali Superfund site and the Berry’s Creek Study Area. The U.S. Fish and Wildlife Service (Service) and the National Oceanic and Atmospheric Administration (NOAA) are authorized to act on behalf of the public as Trustees when natural resource injuries have occurred. The Trustees support the crediting agreement and the project’s anticipated benefits of improving water quality, creating habitat for birds and pollinators, and increasing public access to the river — including both active and passive recreational opportunities for underserved communities disproportionately impacted by pollution.
“The industrial activities of these working waterways have a legacy of pollution that disproportionately affects underserved communities,” said Nicole LeBoeuf, NOAA National Ocean Service director. “This five-acre riverside park represents an important first step in restoring both lost ecosystem function and lost recreational use for the surrounding community. NOAA is pleased to join with industry and our local and federal partners on this effort.”
An Early Restoration Plan and Environmental Assessment for the proposed park project was issued by the Trustees in July 2021 following public comment and review. Throughout this process, the Trustees have solicited and responded to public comments with respect to the proposed project. The crediting agreement, the next step in the process, is the binding and funding mechanism that implements the Final Early Restoration Plan and Environmental Assessment for the proposed park.
When the project is completed, under the terms of the crediting agreement, BASF would earn $73.5 million in credit that can be used to partially offset the company’s alleged liability for natural resource damages under the Comprehensive Environmental Response, Compensation, and Liability Act concerning the Diamond Alkali Superfund site and the nearby Berry’s Creek Study Area. The Trustees anticipate that this project will serve as a model as other potentially responsible parties consider proactively addressing natural resource damage liabilities.
The crediting agreement will be available for public comment for 30 days through July 7, 2022. Upon consideration of public input, the Justice Department will determine whether to implement the crediting agreement. The proposed agreement may be examined and downloaded at this website: www.justice.gov/enrd/consent-decrees.
Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to In Re BASF and Trustees Interim Settlement Agreement, D.J. Ref. No. 90-11-3-07683/14. Comments on the proposal may be submitted through July 7, 2022 by e-mail or by mail:
(1) By e-mail: [email protected]
(2) By hard copy: Assistant Attorney General
U.S. DOJ – ENRD
P.O. Box 7611
Washington, D.C. 20044-7611
A virtual public information meeting will be held on the evening of June 15, 2022, with an in-person meeting to be held on evening of June 28.
More information on the upcoming meetings, the park project, the crediting agreement, natural resource damage assessment process, and the role of the Trustees can be found at: https://darrp.noaa.gov/EastNewarkRiverfrontPark.
The Justice Department will evaluate all information received during the comment period and will announce a final decision in early August.
Federal Jury Convicts Two Gang Members of Conspiracies to Commit Assault and Murder Inside Monterey County JailRead the Press Release
SAN JOSE – A federal jury convicted Vincent Gerald Garcia and Jorge Jasso today of engaging in multiple conspiracies involving gang membership and gang violence, announced United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Sean Ragan. The verdict follows a three-week jury trial before United States District Judge Beth L. Freeman.
Garcia, 55, of Salinas, and Jasso, 29, of Soledad, were charged along with thirteen co-defendants on September 26, 2018, and are the last defendants pending in the case. At trial, Garcia and Jasso each faced three charges: (1) engaging in a racketeering (RICO) conspiracy; (2) engaging of conspiracy to commit murder in aid of racketeering; and (3) engaging in a conspiracy to commit assault with a dangerous weapon in aid of racketeering. The jury convicted Garcia and Jasso of all counts.
According to the evidence presented at trial, from December 2012 through April 2014 the defendants Garcia and Jasso were active members of the Nuestra Familia (“NF”) prison gang and its affiliated Norteño street gang. Garcia was the Regiment Commander for the NF in charge of all Monterey County. Jasso was a Norteño member from Soledad. Norteño gang members pledged loyalty to the NF. Inside prisons and local jails, all members and associates of the NF worked together to maintain the structure and follow the gang’s rules. Any member in a Norteño housing unit who committed a serious violation of the rules was subject to “removal.” A removal was orchestrated by Norteño gang members and involved an organized attack upon the target, first by at least one “hitter” stabbing the target and followed immediately by a beating without weapons by at least two “bombers.” The beating inflicted maximum damage to the victim and caused a distraction that allowed time for the hitters to hide weapons and wash off.
Trial evidence showed that removals were approved in advance by the Norteño in charge of the facility upon learning of violations from members in the jail housing unit. The Norteño gang member in charge of the housing unit planned the removal. All members of the Norteño housing unit were aware of the removal process and were required to assist if requested.
Other evidence demonstrated that the sale of controlled substances both inside custodial facilities and on the street was a central income producer for the gang. Norteño members smuggled controlled substances into Monterey County Jail as well as other jails and sold the “hard” drugs to other inmates, but distributed marijuana solely to fellow Norteños in custody.
The evidence at trial focused on ten removals in the Monterey County Jail between December 2012 and April 2014. Most of the removals occurred in “K-Pod,” a cell block housing active Norteño members and associates exclusively. Three removals occurred in the jail’s main yard during the recreation period for inmates housed in the lockdown pods for Norteños.
The defendant Garcia was identified by trial evidence as the leader responsible for approving the removals. Garcia was a long time gang member who rose through the ranks to become a carnale of the NF prison gang in the 1990s. He later became the NF Regiment Commander in charge of Salinas and all of Monterey County from at least 2012 through 2014. From May 2013 through February 2015, Garcia was incarcerated in the Monterey County Jail. Evidence showed he was in charge of the entire jail for the NF and ordered assaults and murder attempts. He retained ultimate authority and could put fellow gang members on “freeze” status, clear them for rule violations, strip them of gang or leadership roles, and elevate others into leadership positions.
Jorge Jasso, according to the evidence, was a Norteño street gang member from Soledad who was housed in Monterey County Jail from May 2012 through September 2013. The evidence established that Jasso was a NF foot soldier that participated in murder attempts and assaults. He participated in the removal of a Norteño gang member on December 2, 2012, by performing the role of a bomber after others stabbed the victim. Jasso was also involved in the removal of a second victim on February 25, 2013, again acting as a bomber after the victim was stabbed.
United States District Judge Freeman scheduled sentencing hearings for Garcia and Jasso on August 30, 2022. Both defendants remain in custody pending sentencing.
For their conviction of a racketeering conspiracy in violation of 18 U.S.C. §1962(d) in Count 1, Garcia and Jasso each face a maximum of life in prison. For their conviction of conspiracy to commit murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(5) in Count 2, Garcia and Jasso each face a maximum 10 years in prison. For their conviction of conspiracy to commit assault with a dangerous weapon in aid of racketeering in violation of 18 U.S.C. § 1959(a)(6) in Count 3, Garcia and Jasso face a maximum of 3 years in prison. For each count of conviction, they face a maximum fine of $250,000. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Stephen J. Meyer and Neal Hong prosecuted the case at trial with the assistance of Christine Tian, Mimi Lam, Laurie Worthen, Susan Kreider, Lynette Dixon, and Elise Etter. The prosecution is the result of an investigation by the FBI with assistance from the Monterey County Sheriff’s Office, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Salinas Police Department, the Soledad Police Department, and the Fresno Police Department.
Federal Inmate Charged with Murder at the Federal Correctional Complex in Terre Haute, IndianaRead the Press Release
Terre Haute – A federal grand jury returned an indictment today, charging a federal inmate with first degree murder.
According to court documents, on January 12, 2019, Lawrence Taylor, 41, was an inmate at the Federal Correctional Complex in Terre Haute, Indiana, when he killed another individual by stabbing him multiple times in the neck, face, chest and elsewhere with a metal weapon.
If convicted, Taylor faces a maximum penalty of life imprisonment. Taylor will make his initial court appearance in the Southern District of Indiana before a U.S. Magistrate Judge at a later date.
The Federal Bureau of Investigation is investigating the case.
U.S. Attorney Myers thanked Assistant United States Attorney James M. Warden, who is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fairmont man sentenced for drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kerm Leroy Jackson, of Fairmont, West Virginia, was sentenced yesterday to 97 months of incarceration for a drug charge, United States Attorney William Ihlenfeld announced.
Jackson, also known as “Woo,” 28, pleaded guilty in December 2021 to one count of “Conspiracy to Distribute Methamphetamine.” Jackson admitted to working with others to distribute methamphetamine from March 2018 to August 2020 in Monongalia County and elsewhere.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Mon Metro Drug Task Force, a HIDTA-funded initiative investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Emsworth Man Charges with Attempting to Coerce a Minor to Have SexRead the Press Release
PITTSBURGH, Pa. – A resident of Emsworth, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Attempted Coercion and Enticement of a Minor to Engage in Illegal Sexual Activity, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Thomas Kastory, 31, as the sole defendant.
According to the Indictment, from on or about April 12, 2022, and continuing thereafter until on or about May 29, 2022, Kastory used a facility and means of interstate commerce, specifically the Internet and a cellular telephone network, to knowingly attempt to persuade, induce, entice or coerce an individual who had not attained the age of eighteen (18) years to engage in sexual activity.
According to an affidavit in support of a Criminal Complaint filed in this case, after chatting with an undercover agent posing as a 14-year-old child for more than a month over his cell phone and the internet in an effort to entice the purported child to have sex, Thomas Kastory boarded a bus on May 29, 2022, to travel to meet the child where he expected to return to the child’s residence to engage in unlawful sexual activity. Kastory, believing that the child’s parent was out of town and that the child would be alone, brought condoms, lubricant, and a sex toy with him for his anticipated meeting with the child.
The law provides for a maximum total sentence of not less than ten years in prison, a fine not to exceed $250,000.00, and a term of supervised release of at least five years. 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 Benjamin J. Risacher is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation 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.
Elmira Man Going to Prison for 10 Years on Meth ConvictionRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Lamar Thompkins, 35, of Elmira, NY, who was convicted of possession with intent to distribute 500 grams or more of methamphetamine, was sentenced to serve 121 months in prison by Chief U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Matthew T. McGrath, who handled the case, stated that Thompkins arranged for over four kilograms of methamphetamine to be shipped from California to a private residence in Elmira, the owner of which had recently died. A video camera at the residence captured Thompkins affixing a fake name to the mailbox. Members of the Elmira Police Department and New York State Police were alerted to the incoming drug parcel and were conducting surveillance on the residence when they observed Thompkins and another individual retrieve the package and attempt to drive away from the location in a vehicle. Law enforcement officers pulled the vehicle over and obtained a search warrant. Approximately 4.5 kilograms of methamphetamine was recovered from the drug parcel.
The sentencing is the result of an investigation by the Elmira Police Department, under the direction of Chief Anthony Alvernaz, the New York State Police, under the direction of Major Barry Chase, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division.
# # # #Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Alison J. Ramsdell announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on June 6, 2022, by U.S. District Court Judge Charles B. Kornmann.
Elliot Robert Blue Coat, age 45, was sentenced to 20 months in federal prison, five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Blue Coat was indicted by a federal grand jury on November 9, 2021. He pled guilty on March 15, 2022.
Blue Coat, a person required to register as a sex offender by reason of a conviction under federal law, knowingly failed to register and update his registration between July 16, 2021, and September 16, 2021, while living in Mobridge, South Dakota.
This case was investigated by the U.S. Marshals Service, the Mobridge Police Department, the Campbell County Sheriff’s Office, the Walworth County Sheriff’s Office, the Corson County Sheriff’s Office, and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Blue Coat was immediately turned over to the custody of the U.S. Marshals Service.
District of Columbia Man Sentenced to Nine Years in Prison for Kidnapping and Robbing Man in Southeast WashingtonRead the Press Release
WASHINGTON – Kareem Davis, 21, of Washington, D.C., was sentenced today to nine years in prison for kidnapping and robbing a man in Southeast Washington, and then forcing the victim to drive to various ATMs at gunpoint. The victim escaped by jumping out of the car.
The announcement was made by U.S. Attorney Matthew M. Graves, Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Davis pleaded guilty on Oct. 14, 2021, in the U.S. District Court for the District of Columbia, to a federal kidnapping charge. He was sentenced by the Honorable Dabney L. Friedrich. Following his prison term, Davis will be placed on five years of supervised release.
According to court documents, at approximately 12:50 a.m. on Sept. 17, 2020, the victim, then 25, drove to the 3800 block of 9th Street SE, believing he would see a young woman he had met the previous afternoon. Instead, while the victim was parked on the street, Davis approached his car, tapped on the passenger side window, and told him to open the door. After sitting in the front passenger seat, Davis asked if the victim was there to visit “his sister.” Davis then pulled a handgun from his waistband, pointed it, and demanded all of the victim’s money.
The victim turned over $216 in cash and the change from the vehicle’s cup-holders. But Davis demanded even more money, threatening to kill the victim. Fearing he would be shot, the victim began driving Davis to various ATMs, crossing into Maryland to withdraw approximately $1,500 for Davis. After the final ATM withdrawal, Davis ordered the victim to drive them back to 9th Street SE. As they got to 9th Street, the victim placed his vehicle on cruise control and jumped out of the moving car. He escaped on foot and immediately called 911.
Davis was arrested on Oct. 7, 2020. He has been in custody ever since.
In announcing the sentence, U.S. Attorney Graves, Special Agent in Charge Jacobs, and Chief Contee commended the work of those who investigated the case from the FBI’s Violent Crimes Task Force and MPD. They also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Yvonne Bryant, and Assistant U.S. Attorney Kimberly L. Paschall, who investigated and prosecuted the case.
Detroit Area Tax Preparer Indicted for Falsifying His Own Returns and Obstructing the IRSRead the Press Release
A federal grand jury in Detroit, Michigan, returned an indictment today charging a professional tax return preparer with filing false tax returns for himself and his business, obstructing the IRS, and other tax crimes.
According to the indictment, Raj Paruthi, of Novi, owned and operated Raj Paruthi CPA PC, an accounting and tax preparation business located in Farmington Hills, Michigan. For tax years 2013 and 2014, Paruthi allegedly filed false corporate and individual income tax returns on which he did not report hundreds of thousands of dollars in business receipts and profits he personally received from the business. Paruthi allegedly also did not disclose to the Department of Treasury a foreign bank account he held in India, which he was required to do by law. According to the indictment, he also made false statements to the IRS about his personal and business finances, including the types of payments his tax preparation business received, the number and location of his business bank accounts and his personal receipt of funds from the business. Paruthi allegedly also did not file a 2015 tax return for MVD Advisory Services LLC, another company he owned and operated.
If convicted, Paruthi faces up to three years in prison for each false tax return count, three years in prison for interfering with the IRS, one year in prison for failing to file a tax return, and five years in prison for not disclosing a foreign bank account. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Dawn N. Ison for the Eastern District of Michigan made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Kenneth C. Vert and Catriona M. Coppler of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Detroit Area Software Developer Indicted for Employment Tax CrimesRead the Press Release
A federal grand jury in Detroit, Michigan, returned an indictment today charging a Michigan man for not paying over employment taxes to the IRS.
According to the indictment, Yigal Ziv, of West Bloomfield, owned and operated Multinational Technologies Inc. (MTI), a software developer for manufacturing products. Ziv allegedly was responsible for filing MTI’s quarterly employment tax returns and collecting and paying to the IRS payroll taxes withheld from employees’ wages. From the first quarter of 2014 through the first quarter of 2018, Ziv allegedly collected approximately $691,000 in employment taxes from MTI’s employees but did not file employment tax returns or pay the withheld taxes to the IRS. Even after learning of the IRS’s ongoing criminal investigation in May 2018, Ziv allegedly also did not file MTI’s employment tax returns from the fourth quarter of 2019 through the fourth quarter of 2020 and did not pay over to the IRS approximately $199,000 in payroll taxes withheld from MTI’s employees. According to the indictment, during the same period he did not pay over taxes to the IRS, Ziv caused MTI to spend hundreds of thousands of dollars for his own personal benefit, including home mortgage payments, luxury auto lease payments and department store purchases.
If convicted, Ziv faces up to five years in prison for each of the 22 counts of willful failure to collect or pay over employment taxes. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Dawn N. Ison for the Eastern District of Michigan made the announcement.
IRS Criminal-Investigation is investigating the case.
Trial Attorneys Kenneth C. Vert and George Meggali of the Justice Department’s Tax Division are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Davenport Woman Sentenced to Federal Prison for Drug and Firearm ChargesRead the Press Release
DAVENPORT, Iowa – Chelsey Renae Lira, age 31, of Davenport, was sentenced on June 1, 2022, to 180 months in prison for Conspiracy to Distribute a Controlled Substance and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Following her imprisonment, Lira was ordered to serve five years of supervised release and pay a $200 Special Assessment to the Crime Victims’ Fund.
In fall 2020, law enforcement was investigating a large-scale drug conspiracy in Davenport, involving eight people, including Lira. On November 10, 2020, law enforcement initiated a traffic stop on vehicle driven by Lira, but she fled at a high rate of speed, before exiting and fleeing on foot. Officers failed to apprehend her, but in Lira’s car they recovered 45.16 grams of ice methamphetamine, a stolen, loaded nine-millimeter Springfield XDS handgun, a loaded magazine for the handgun, additional ammunition, and other evidence consistent with drug trafficking. On December 15, 2020, law enforcement arrested Lira on outstanding warrants and recovered 13.61 grams of ice methamphetamine and other evidence consistent with drug trafficking. After bonding out of jail, Lira continued to traffic methamphetamine with one of her co-conspirators. Due to her participation in the conspiracy, Lira was responsible for distributing more than five kilograms of methamphetamine. Lira pleaded guilty on January 26, 2022.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.
This matter was investigated by the Davenport Police Department and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Davenport Man Sentenced to Federal Prison for Firearm ChargeRead the Press Release
DAVENPORT, Iowa –Justin Marion Woods, age 48, of Davenport, was sentenced on June 2, 2022, to 77 months in prison after pleading guilty to being a Felon in Possession of a Firearm. Woods was ordered to serve three years of supervised release to follow his prison term and immediately pay a $100 Special Assessment to the Crime Victims’ Fund.
According to court documents, on July 4, 2020, Davenport police were dispatched to a disturbance involving weapons. After further investigation, a loaded Hi-Point .45 caliber pistol was found in Woods’ possession. On February 4, 2022, he pleaded guilty to the charge. Woods admitted he had been convicted of multiple felonies and he knew he was prohibited from possessing a firearm.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This matter was investigated by the Davenport Police Department and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
This case was a part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Dansville Physician Agrees to Pay More Than $600,000 to Resolve Allegations That He Fraudulently Billed Medicare and MedicaidRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney Trini E. Ross announced today that James A. Sakr, M.D., has agreed to pay $602,661.61 to resolve allegations, arising under the False Claims Act, that he fraudulently billed Medicare and Medicaid for procedures that were not medically necessary or that he did not perform.
Assistant U.S. Attorney David M. Coriell, who handled the case, stated that from at least January 1, 2014, to December 31, 2019, Dr. Sakr, an ear, nose, and throat (ENT) doctor based in Dansville, NY, billed Medicare and Medicaid for procedures not performed at all or were not documented in patient medical records.
“This health care provider billed for services and procedures that he did not perform and for which he was paid with the public’s money,” stated U.S. Attorney Ross. “The resolution of this case holds Dr. Sakr accountable for his actions and requires him to return the money he should not have received from Medicare and Medicaid. Our office will continue to root out fraud in federal healthcare programs and hold those who defraud the public accountable.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Lee M. Mandel, M.D., FACS. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Mandel v. Sakr, 17-cv-907 (W.D.N.Y.). Dr. Mandel will receive a share of the settlement.
The resolution of this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Western District of New York, the U.S. Department of Health and Human Services Office of Inspector General, and the New York State Attorney General’s Office Medicaid Fraud Control Unit.
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Collinsville osteopathic physician admits illegally prescribing drugRead the Press Release
ST. LOUIS – An osteopathic physician from Collinsville, Illinois pleaded guilty in U.S. District Court Tuesday and admitted illegally prescribing an anti-anxiety drug.
Matthew Steven Miller, 43, pleaded guilty in front of U.S. District Judge Ronnie L. White to one count of obtaining a controlled substance by fraud and one count of making a false statement concerning a health care matter.
Miller admitted illegally writing prescriptions for the anti-anxiety drug Xanax for six people between 2016 and 2018. He did not have a doctor-patient relationship with them, had not examined them, had not determined that they needed the drug and did not document the prescriptions, his plea agreement says. On some occasions, they sold the drugs and split the money with Miller, his plea says.
Miller wrote the prescriptions despite not being licensed by Missouri’s Bureau of Narcotics and Dangerous Drugs and lacking a Drug Enforcement Administration registration number necessary to do so.
Miller was licensed to practice medicine in Missouri, Michigan and New Jersey.
The case was investigated by the Drug Enforcement Administration, the U.S. Department of Health and Human Services, Office of the Inspector General and the South Central Drug Task Force. Assistant U.S. Attorney Dorothy McMurtry is prosecuting the case.
Canadian Man Going to Prison for His Role in Scheme That Defrauded Elderly Victims Out of $2,600,000Read the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Martin Hogan, 53, of Montreal Canada, who was convicted of conspiracy to commit wire and mail fraud, was sentenced to serve 111 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Melissa Marangola, who handled the case, stated that between September 2015 and March 2020, Hogan conspired with multiple co-defendants to defraud elderly victims using a fraudulent telemarketing scheme. Hogan placed telephone calls from Canada to victims in the United States, telling them that they had won the Canadian lottery. However, victims were told that they had to first pay the taxes, brokerage fee, and/or custom fees due in connection with the winnings. Some victims were instructed to mail cash to addresses in New York owned by co-conspirators. The cash was then smuggled over the border into Canada and given to Hogan. In total, elderly victims were defrauded out of more than $2,600,000.
Martin Hogan was on vacation in Jamaica where he was apprehended at the request of the United States and later extradited in January 2021. The money he used to pay for his vacation was money obtained from the scheme.
The sentencing is the result of an investigation by Homeland Security Investigations, Border Enforcement Security Task Force, under the direction of Acting Special Agent-in-Charge Matthew Scarpino, the Internal Revenue Service, Criminal Investigations Division, under the direction of Thomas Fattorusso, Special Agent-in-Charge, New York Field Office, and the U.S. Customs and Border Protection, Air and Marine Operations, under the direction of Brian Manaher, Director, Marine Operations. The Justice Department’s Office of International Affairs provided substantial assistance in securing the extradition of defendant Martin Hogan from Jamaica.
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Camden County Man Sentenced to 120 Months in Prison for Possessing Child PornographyRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man with a prior child exploitation conviction was sentenced today to 120 months in prison for possessing child pornography, U.S. Attorney Philip R. Sellinger announced.
James Tierney, 57, of Cherry Hill, New Jersey, previously pleaded guilty before U.S. Senior District Judge Robert B. Kugler to one count of possession of child pornography. Judge Kugler imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
In August 2020, law enforcement agents executed a search warrant at Tierney’s residence after receiving information from the National Center for Missing and Exploited Children that an online cloud account accessed from Tierney’s residence had uploaded images of child sexual abuse. While executing the search warrant, agents recovered Tierney’s cell phone, which contained multiple videos and images of child sexual abuse. Tierney admitted to agents that he used the cell phone and cloud account for possessing images of child sexual abuse.
In addition to the prison term, Judge Kugler sentenced Tierney to five years of supervised release.
U.S. Attorney Sellinger credited special agents of the Department of Homeland Security, Homeland Security Investigations, Cherry Hill Office, under the direction of Special Agent in Charge Jason J. Molina in Newark; the Camden County Prosecutor’s Office High Tech Crimes Unit, under the direction of Acting Prosecutor Grace C. MacAulay; and the New Jersey State Police, under the direction of Superintendent Patrick J. Callahan, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jeffrey B. Bender of the U.S. Attorney's Office Criminal Division in Camden.
Defense counsel: Maggie Moy Esq., Assistant Federal Public Defender, Camden
Burlington Man Sentenced to Federal Prison for Ammunition ChargeRead the Press Release
DAVENPORT, Iowa – Kaleb Alan Shannan, age 22, of Burlington, was sentenced on June 1, 2022, to 108 months in prison for being a Felon in Possession of Ammunition. Shannan was ordered to serve three years of supervised release to follow his prison term and was assessed a $100 Special Assessment immediately payable to the Crime Victims’ Fund.
According to court documents, Shannan was identified as an individual who had communicated numerous threats towards law enforcement and their families both in electronic communication and personal contact. During a traffic stop search, law enforcement seized nine-millimeter rounds of ammunition from Shannan’s backpack. On January 18, 2022, Shannan pleaded guilty to the charge.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This matter was investigated by the Des Moines County Sheriff and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Buffalo Man Convicted by Federal Jury Going to Prison for 30 Years for Selling Dangerous Fentanyl Analogue Which Resulted in the Death of an IndividualRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Jawayne Watkins, 33, aka Weezy, of Buffalo, NY, who was convicted by a federal jury of distributing heroin and 4-fluoroisobutyryl fentanyl resulting in the death an individual, as well as conspiracy and other distribution charges, was sentenced to serve 360 months by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Michael J. Adler and Meghan E. Leydecker, who handled the prosecution of the case, stated that Watkins sold heroin and 4-fluoroisobutyryl fentanyl, a rare and extremely dangerous fentanyl analogue. On at least two occasions, in July 2017, and on November 9, 2017, Homeland Security Investigations made controlled purchases from Watkins. The substances purchased from Watkins later tested positive for heroin and 4-fluoroisobutyryl fentanyl. On November 10, 2017, an individual identified as A.C. died after taking a substance received from Watkins. Toxicology reports following the victim’s death indicated she had heroin and 4-fluoroisobutyryl fentanyl in her system. During the investigation, law enforcement officers also made other seizures of the deadly substance from Watkins.
Watkins was on New York State parole and living in a halfway house at the time of his arrest in November 2017.The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia and Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino.
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Barbour County man admits to meth chargeRead the Press Release
ELKINS, WEST VIRGINIA – Austin Jay Robinson, of Belington, West Virginia, has admitted to a methamphetamine charge, United States Attorney William Ihlenfeld announced.
Robinson, 23, pleaded guilty today to one count of “Distribution of Methamphetamine.” Robinson admitted to selling methamphetamine in April 2021 in Barbour County.
Robinson faces up to 20 years of incarceration and a fine of up to $1,000,000. 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 Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Armed Drug Dealer Sentenced to 12 Years in Federal Prison for Firearm and Drug Trafficking OffensesRead the Press Release
INDIANAPOLIS – Troy Fulmer, 32, of Indianapolis, was sentenced to 144 months in federal prison after pleading guilty to charges of possession with intent to distribute methamphetamine and carrying a firearm during and in relation to his drug trafficking of methamphetamine.
According to court documents, on June 18, 2021, Fulmer was stopped on his motorcycle by officers from the Speedway Police Department. Fulmer fled the traffic stop and crashed his motorcycle. After a short foot pursuit, officers took Fulmer into custody and located two handguns and approximately 110 grams of methamphetamine on Fulmer.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and Speedway Police Chief Charles Upchurch made the announcement.
The Speedway Police Department investigated the case. The Bureau of Alcohol, Tobacco, Firearms, and Explosives provided valuable assistance. The sentence was imposed by U.S. District Chief Judge Tanya Walton Pratt. As part of the sentence, Judge Pratt ordered that Fulmer be supervised by the U.S. Probation Office for 5 years following his release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Patrick G. Gibson who prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
Another Texas drug dealer sent to prisonRead the Press Release
CORPUS CHRISTI, Texas – A 29-year-old Corpus Christi resident has been ordered to federal prison for possession with intent to distribute meth, announced U.S. Attorney Jennifer B. Lowery.
Robert James Blanco pleaded guilty Sept. 7, 2021.
Today, U.S. District Judge David S. Morales sentenced Blanco to 130 months in prison to be followed by four years of supervised release. At the hearing, the court heard additional evidence that detailed Blanco’s responsibility for 5,486 kilograms of narcotics and multiple arrests with narcotics and firearms. In handing down the sentence, the court noted Blanco’s multiple arrests for narcotics, weapons possession and violent crimes.
The investigation started in December 2020 when law enforcement discovered Blanco was posting in a social media chat room that he was selling meth, heroin, ecstasy and more in Corpus Christi. Undercover officers then purchased meth from Blanco on several occasions. On March 1, 2021, authorities attempted to stop a vehicle Blanco was driving when he crashed into other vehicles while trying to flee.
On Feb. 16, 2021, authorities arrested Blanco with a loaded firearm, $1,330 and various narcotics including 30.65 grams of meth.
He will remain in federal prison pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Corpus Christi Police Department conducted the investigation. Assistant U.S. Attorney Christopher Marin prosecuted the case.
An Oahu Man and Two Maui Men Arrested in Connection with Drug Trafficking, Firearm, Illegal Gambling Business, and Money Laundering ChargesRead the Press Release
HONOLULU – Maliu Tauheluhelu, 37, Maafu Pani, 37, and Touanga Niu, 21, were arrested Friday, June 3, in connection with an indictment charging drug trafficking, firearm, illegal gambling business, and money laundering offenses. Desmond Morris, 38, is also charged in the indictment and has not yet been apprehended. The indictment was unsealed earlier this morning.
Tauheluhelu, Pani, and Niu are expected to be presented in Hawaii federal court as early as Monday, June 6, 2022, before United States Chief Magistrate Judge Kenneth J. Mansfield.
A press conference was held at 10:30 a.m. on Monday, June 6, 2022, at the Maui Police Department.
According to court documents, by the summer of 2020 and continuing until the date of the indictment, Tauheluhelu led a criminal organization that distributed methamphetamine and cocaine and operated illegal gambling businesses within the District of Hawaii. Pani oversaw the criminal organization’s drug trafficking and illegal gambling activities on Maui. Niu assisted the criminal organization with the transportation of controlled substances from Oahu to Maui and the transportation of unlawful proceeds from Maui back to Oahu, including through flights on an airline for which there was no Transportation Security Administration screening. At certain times, Morris participated in the criminal organization’s illegal activities by distributing and possessing with intent to distribute controlled substances on Maui.
This case was investigated by the Federal Bureau of Investigation and Task Force Officers from the Maui Police Department, with assistance from the Maui Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Drug Enforcement Administration.
The prosecution is handled by Assistant U.S. Attorney Micah Smith.
American Woman Who Led ISIS Battalion Pleads GuiltyRead the Press Release
ALEXANDRIA, Va. – A United States citizen pleaded guilty today in the Eastern District of Virginia to organizing and leading an all-female military battalion in Syria on behalf of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
According to court documents, Allison Fluke-Ekren, aka “Allison Ekren,” aka “Umm Mohammed al-Amriki,” and aka “Umm Mohammed,” 42, a former resident of Kansas, traveled overseas and, from in or about September 2011 through in or about May 2019, engaged in terrorism-related activities in multiple countries, including Syria, Libya, and Iraq. Fluke-Ekren ultimately served as the leader and organizer of an ISIS military battalion, known as the Khatiba Nusaybah, where she trained women on the use of automatic firing AK-47 assault rifles, grenades, and suicide belts. Over 100 women and young girls, including as young as 10 or 11-years-old, received military training from Fluke-Ekren in Syria on behalf of ISIS.
In or around 2008, Fluke-Ekren departed the United States and moved to Egypt with her second husband, a now-deceased former member of the terrorist organization Ansar al-Sharia. Fluke-Ekren resided in Egypt until in or around 2011, at which point she moved to Libya. Near the end of 2011, Fluke-Ekren resided with her second husband, among others, in Benghazi, Libya. In the aftermath of the September 11, 2012 terrorist attack on the U.S. Special Mission and CIA Annex in Benghazi, Fluke-Ekren’s second husband claimed that he removed at least one box of documents and at least one electronic device from the U.S. compound in Benghazi. He brought the items to the residence where he resided with Fluke-Ekren and others at that time. Fluke-Ekren assisted her second husband with reviewing and summarizing the contents of the stolen U.S. government documents. The stolen documents and electronic device, along with the summaries that Fluke-Ekren helped prepare, were provided to the leadership of Ansar al-Sharia in Benghazi.
In or around late 2012, Fluke-Ekren, her second husband, and others traveled from Libya to Turkey. Shortly thereafter, they traveled from Turkey to Syria. After approximately six weeks, Fluke-Ekren returned to Turkey while her second husband remained in Syria. Fluke-Ekren’s second husband ascended through the ranks of ISIS and ultimately became the “emir” (leader) of ISIS snipers in Syria. In or around mid-2014, Fluke-Ekren and others were smuggled back into Syria. While residing in Syria, Fluke-Ekren told a witness about her desire to conduct an attack in the United States. To conduct the attack, Fluke-Ekren explained that she could go to a shopping mall in the United States, park a vehicle full of explosives in the basement or parking garage level of the structure, and detonate the explosives in the vehicle with a cell phone triggering device. Fluke-Ekren also spoke about learning how to make bombs and explosives. Fluke-Ekren further said that she considered any attack that did not kill a large number of individuals to be a waste of resources. Fluke-Ekren would hear about external attacks taking place in countries outside the United States and would comment that she wished the attack had occurred on United States soil instead.
In 2014, ISIS officials sent a female member of ISIS, who traveled from Central America, to Ablah, Syria, where she resided in an adjoining residence to Fluke-Ekren for approximately 18 days. This witness visited Fluke-Ekren at her residence in Syria on multiple occasions. During those visits, Fluke-Ekren discussed ideas for an attack involving the use of explosives on the campus of a U.S.-based college in the Midwest.
In or around 2015, Fluke-Ekren, her second husband, and others moved from Syria to Mosul, Iraq, where they temporarily resided inside an ISIS-controlled compound within the University of Mosul. When Fluke-Ekren arrived in Mosul, she met with ISIS personnel who were in charge of homes for widowed women whose husbands died while fighting for ISIS. Fluke-Ekren assisted the ISIS personnel by providing ideas for how the homes should function and operate.
In or around mid-2016, Fluke-Ekren led and organized an effort to establish a Women’s Center in Raqqa, Syria. Fluke-Ekren obtained authorization from the “Wali,” the ISIS-appointed mayor of Raqqa, in order to establish the Center. There, Fluke-Ekren and others provided medical services, educational services about the Islamic State, child care, and various training to women and young girls. As the Center’s leader, Fluke-Ekren also provided and assisted other female ISIS members in providing training to numerous women and young girls on the use of automatic firing AK-47 assault rifles, grenades, and explosive suicide belts.
In or around late 2016, the ISIS “Wali” of Raqqa approved the creation of the “Khatiba Nusaybah” – a military battalion to be comprised solely of female ISIS members. The Khatiba Nusaybah began operations on behalf of the terrorist organization in or around February 2017. Fluke-Ekren’s main objective as the leader and organizer of the Khatiba Nusaybah battalion was to teach female ISIS members how to defend themselves against ISIS’s enemies, including helping male fighters defend ISIS-controlled Raqqa. Fluke-Ekren sought to motivate her trainees by explaining how female fighters can ensure the Islamic State is kept alive by “helping ISIS expand and to remain” through the use of weapons, including automatic firing AK-47 assault rifles, grenades, and suicide belts packed with explosives. In addition, witnesses with first-hand knowledge stated that the Khatiba Nusaybah also provided certain members with instruction on physical training including martial arts, medical training, VBIED driving courses, ISIS religious classes, and how to pack and prep a “go bag” with rifles and other military supplies.
In 2018, Fluke-Ekren informed another witness that she had instructed an individual in Syria to send a message to one of her family members stating that Fluke-Ekren was dead so that the U.S. government would not attempt to locate her. Fluke-Ekren informed this same witness that it was important to kill the “kuffar” (disbelievers) and die as martyrs on behalf of ISIS in Syria. Fluke-Ekren was located outside the United States since on or about January 8, 2011, until she was transferred in custody to the Eastern District of Virginia on January 28.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Matthew G. Olsen, Assistant Attorney General of the Justice Department’s National Security Division; and Steven M. D’Antuono, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea.
Fluke-Ekren pleaded guilty to conspiring to provide material support or resources to a foreign terrorist organization, and is scheduled to be sentenced on October 25. She faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
First Assistant United States Attorney Raj Parekh and Assistant United States Attorney John Gibbs from the U.S. Attorney’s Office for the Eastern District of Virginia are prosecuting the case, with assistance from the National Security Division.
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. 1:22-cr-92.
American Woman Who Led ISIS Battalion Pleads GuiltyRead the Press Release
A U.S. citizen pleaded guilty today in the Eastern District of Virginia to organizing and leading an all-female military battalion in Syria on behalf of the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
According to court documents, Allison Fluke-Ekren, aka Allison Ekren, aka Umm Mohammed al-Amriki and aka Umm Mohammed, 42, a former resident of Kansas, traveled overseas and from in or about September 2011 through in or about May 2019, engaged in terrorism-related activities in multiple countries, including Syria, Libya and Iraq. Fluke-Ekren ultimately served as the leader and organizer of an ISIS military battalion, known as the Khatiba Nusaybah, where she trained women on the use of automatic firing AK-47 assault rifles, grenades and suicide belts. Over 100 women and young girls, including as young as 10 or 11-years-old, received military training from Fluke-Ekren in Syria on behalf of ISIS.
In or around 2008, Fluke-Ekren departed the United States and moved to Egypt with her second husband, a now-deceased former member of the terrorist organization Ansar al-Sharia. Fluke-Ekren resided in Egypt until in or around 2011, at which point she moved to Libya. Near the end of 2011, Fluke-Ekren resided with her second husband, among others, in Benghazi, Libya. In the aftermath of the Sept. 11, 2012, terrorist attack on the U.S. Special Mission and CIA Annex in Benghazi, Fluke-Ekren’s second husband claimed that he removed at least one box of documents and at least one electronic device from the U.S. compound in Benghazi. He brought the items to the residence where he resided with Fluke-Ekren and others at that time. Fluke-Ekren assisted her second husband with reviewing and summarizing the contents of the stolen U.S. government documents. The stolen documents and electronic device, along with the summaries that Fluke-Ekren helped prepare, were provided to the leadership of Ansar al-Sharia in Benghazi.
In or around late 2012, Fluke-Ekren, her second husband and others traveled from Libya to Turkey. Shortly thereafter, they traveled from Turkey to Syria. After approximately six weeks, Fluke-Ekren returned to Turkey while her second husband remained in Syria. Fluke-Ekren’s second husband ascended through the ranks of ISIS and ultimately became the “emir” (leader) of ISIS snipers in Syria. In or around mid-2014, Fluke-Ekren and others were smuggled back into Syria. While residing in Syria, Fluke-Ekren told a witness about her desire to conduct an attack in the United States. To conduct the attack, Fluke-Ekren explained that she could go to a shopping mall in the United States, park a vehicle full of explosives in the basement or parking garage level of the structure, and detonate the explosives in the vehicle with a cell phone triggering device. Fluke-Ekren also spoke about learning how to make bombs and explosives. Fluke-Ekren further said that she considered any attack that did not kill a large number of individuals to be a waste of resources. Fluke-Ekren would hear about external attacks taking place in countries outside the United States and would comment that she wished the attack had occurred on U.S. soil instead.
In 2014, ISIS officials sent a female member of ISIS, who traveled from Central America, to Ablah, Syria, where she resided in an adjoining residence to Fluke-Ekren for approximately 18 days. This witness visited Fluke-Ekren at her residence in Syria on multiple occasions. During those visits, Fluke-Ekren discussed ideas for an attack involving the use of explosives on the campus of a U.S.-based college in the Midwest.
In or around 2015, Fluke-Ekren, her second husband, and others moved from Syria to Mosul, Iraq, where they temporarily resided inside an ISIS-controlled compound within the University of Mosul. When Fluke-Ekren arrived in Mosul, she met with ISIS personnel who were in charge of homes for widowed women whose husbands died while fighting for ISIS. Fluke-Ekren assisted the ISIS personnel by providing ideas for how the homes should function and operate.
In or around mid-2016, Fluke-Ekren led and organized an effort to establish a Women’s Center in Raqqa, Syria. Fluke-Ekren obtained authorization from the “Wali”, the ISIS-appointed mayor of Raqqa, in order to establish the center. There, Fluke-Ekren and others provided medical services, educational services about the Islamic State, childcare, and various training to women and young girls. As the center’s leader, Fluke-Ekren also provided and assisted other female ISIS members in providing training to numerous women and young girls on the use of automatic firing AK-47 assault rifles, grenades and explosive suicide belts.
In or around late 2016, the ISIS “Wali” of Raqqa approved the creation of the “Khatiba Nusaybah” – a military battalion to be comprised solely of female ISIS members. The Khatiba Nusaybah began operations on behalf of the terrorist organization in or around February 2017. Fluke-Ekren’s main objective as the leader and organizer of the Khatiba Nusaybah battalion was to teach female ISIS members how to defend themselves against ISIS’s enemies, including helping male fighters defend ISIS-controlled Raqqa. Fluke-Ekren sought to motivate her trainees by explaining how female fighters can ensure the Islamic State is kept alive by “helping ISIS expand and to remain” through the use of weapons, including automatic firing AK-47 assault rifles, grenades, and suicide belts packed with explosives. In addition, witnesses with first-hand knowledge stated that the Khatiba Nusaybah also provided certain members with instruction on physical training including martial arts, medical training, VBIED driving courses, ISIS religious classes, and how to pack and prep a “go bag” with rifles and other military supplies.
In 2018, Fluke-Ekren informed another witness that she had instructed an individual in Syria to send a message to one of her family members stating that Fluke-Ekren was dead so that the U.S. government would not attempt to locate her. Fluke-Ekren informed this same witness that it was important to kill the “kuffar” (disbelievers) and die as martyrs on behalf of ISIS in Syria. Fluke-Ekren was located outside the United States since on or about Jan. 8, 2011, until she was transferred in custody to the Eastern District of Virginia on Jan. 28.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Jessica D. Aber for the Eastern District of Virginia and Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea.
Fluke-Ekren pleaded guilty to conspiring to provide material support or resources to a foreign terrorist organization and is scheduled to be sentenced on Oct. 25. She faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
First Assistant U.S. Attorney Raj Parekh and Assistant U.S. Attorney John Gibbs for the Eastern District of Virginia are prosecuting the case, with assistance from the National Security Division’s Counterterrorism Section.
12th Defendant Sentenced in Dog-Fighting, Drug Distribution RingRead the Press Release
MACON, Ga. – The 12th defendant prosecuted as part of an extensive investigation into a dog-fighting and cocaine distribution network spanning three states was sentenced for his crimes in federal court today.
Shelley Johnson aka Gold Mouth, 40, of Macon, Georgia, was sentenced to serve the maximum guideline sentence of 37 months in prison to be followed by three years of supervised release and a $25,000 fine by U.S. District Judge Tilman E. “Tripp” Self, III after he previously pleaded guilty to conspiracy to participate in an animal fighting venture. As a condition of his supervised release, Johnson is prohibited from owning or possessing dogs. There is no parole in the federal system.
According to court documents, law enforcement investigated a criminal organization involved in both cocaine distribution and organized dog fighting based out of Roberta, Georgia, which extended into North Georgia, Florida and Alabama from May 2019 until Feb. 2020. In Feb. 2020, law enforcement executed 15 residential search warrants and seized more than 150 dogs that were being used for organized dog-fighting. A 136-count indictment was unsealed on Jan. 29, 2021, charging 11 individuals with various criminal activities. Three other individuals, including Johnson, were charged by criminal information.
During this time period, Johnson communicated with co-conspirator Jarvis Lockett about fighting and breeding dogs, dogs mauled and killed as a result of fighting, sharpening a dog’s teeth for fighting purposes, cash prizes for fights, and various topics detailing the business and the brutality of dog-fighting. Johnson attended a dog fight and participated as a handler inside the ring during the dog fight. Law enforcement executed a search warrant at Johnson’s Macon residence on Feb. 26, 2020, recovering 13 pit bull terrier type dogs with scarring consistent with dog-fighting. In addition, agents found evidence of dog fighting activities including a digital scale, weighted collars, heavy chains, ground stakes and a variety of medical supplies to treat animals for injuries sustained from dog fighting activities.
“Johnson participated in a brutal criminal enterprise that profited from the suffering of animals,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD).“Dog-fighting is a crime, and also closely associated with other serious crimes. The sentences in this prosecution show those who engage in this cruel and inhumane practice face significant prison time.”
“The brutality of dog-fighting alone is sickening; but this case demonstrates the strong union that exists between this bloody and inhumane business and the world of illegal gun and drug trafficking,” said U.S. Attorney Peter D. Leary. “Our office is committed to not only prosecuting dog-fighting participants, but working alongside our federal, state and local law enforcement partners, we will root out the entire criminal network and hold them responsible for their crimes.”
“This investigation and prosecution should send a strong zero-tolerance message to those individuals involved in the inhumane torture of animals for entertainment,” said Jason Williams, Special Agent in Charge, U.S. Department of Agriculture-Office of Inspector General. “We appreciate the collaboration with our law enforcement partners in pursing these purveyors of death and senseless suffering.”
The following co-conspirators have been convicted and sentenced in this case:
Lekey Davis aka Kee Boo, 46, of Talbotton, Georgia, was sentenced to serve 210 months of imprisonment after pleading guilty to conspiracy to possess with intent to distribute cocaine and cocaine base;
Christopher Raines aka Binky, 51, of Talbotton, was sentenced to serve 135 months of imprisonment to be followed by five years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine and cocaine base;
Jarvis Lockett aka J-Rock, 41, of Warner Robins, Georgia, was sentenced to serve 120 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture and cocaine distribution;
Derrick Owens aka Doomie, 38, of Woodland, Georgia, was sentenced to serve 120 months of imprisonment after pleading guilty to conspiracy to participate in an animal fighting venture and conspiracy to possess with intent to distribute cocaine;
Jason Carter, 39, of Phoenix City, Alabama, was sentenced to serve 97 months of imprisonment after pleading guilty to conspiracy to possess with intent to distribute cocaine;
Vernon Vegas, 50, of Suwanee, Georgia, was sentenced to serve the maximum 60 months in prison to be followed by three years of supervised release and pay a $10,000 fine after pleading guilty to conspiracy to participate in an animal fighting venture;
Shaquille Bentley, 27, of Roberta, Georgia, was sentenced to serve 48 months of imprisonment after pleading guilty to use of a communication facility;
Rodrick Walton aka Rodrie Walton, 42, of Shiloh, Georgia, was sentenced to serve 24 months of imprisonment after pleading guilty to conspiracy to participate in an animal fighting venture;
Reginald Crimes, 39, of Preston, Georgia, was sentenced to serve 24 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture;
Lee Benney, 55, of Reynolds, Georgia, was sentenced to serve 21 months of imprisonment to be followed by three years of supervised release after pleading guilty to conspiracy to participate in an animal fighting venture; and,
Bryanna Holmes, 25, of Fort Valley, Georgia, was sentenced to serve 36 months of probation after pleading guilty to use of a communication facility.
The case was investigated by the Drug Enforcement Administration (DEA), the U.S. Department of Agriculture, Office of the Inspector General (USDA-OIG), the U.S. Marshals Service, the Department of Justice, Environment and Natural Resources Division (DOJ-ENRD), the Georgia Bureau of Investigation (GBI), the Bibb County Sheriff’s Office, the Crawford County Sheriff’s Office, the Houston County Sheriff’s Office, the Merriweather County Sheriff’s Office, the Peach County Sheriff’s Office, the Taylor County Sheriff’s Office, the Webster County Sheriff’s Office, the Byron Police Department and the Fort Valley Police Department.
Assistant U.S. Attorney Will Keyes and Trial Attorney Banu Rangarajan with the Department of Justice, Environmental Crimes Section prosecuted the case.
6 June 2022
Yuba County Man Indicted on Fentanyl and Firearms ChargesRead the Press Release
SACRAMENTO, Calif. — On June 2, 2022, a federal grand jury returned a four-count indictment against Victor Angeles Serrano Nash, 27, of Olivehurst, charging him with possession with intent to distribute fentanyl, dealing in firearms without a license, and two counts of possession of a machine gun, U.S. Attorney Phillip A. Talbert announced.
Nash is scheduled to make an initial appearance before U.S. Magistrate Judge Kendall J. Newman on June 6, 2022.
According to court documents, between Aug. 18, 2021, and Nov. 23, 2021, Nash sold counterfeit M-30 pills containing fentanyl and at least eight firearms to an undercover agent and criminal informant. Several of the firearms were reported stolen, and two were AR-15 style pistols with switches that converted them to machine guns.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Yolo County District Attorney’s Office, the Sacramento Police Department, the Sacramento Sheriff’s Office, the California Department of Corrections and Rehabilitation Special Services Unit, and the Sutter County Sheriff’s Office. Assistant U.S. Attorney Alstyn Bennett is prosecuting the case.
If convicted, Nash faces a minimum statutory penalty of five years and maximum of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.
Yuba County Man Indicted on Fentanyl and Firearms ChargesRead the Press Release
SACRAMENTO, Calif. — On June 2, 2022, a federal grand jury returned a four-count indictment against Victor Angeles Serrano Nash, 27, of Olivehurst, charging him with possession with intent to distribute fentanyl, dealing in firearms without a license, and two counts of possession of a machine gun, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between Aug. 18, 2021, and Nov. 23, 2021, Nash sold counterfeit M-30 pills containing fentanyl and at least eight firearms to an undercover agent and criminal informant. Several of the firearms were reported stolen, and two were AR-15 style pistols with switches that converted them to machine guns.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Yolo County District Attorney’s Office, the Sacramento Police Department, the Sacramento Sheriff’s Office, the California Department of Corrections and Rehabilitation Special Services Unit, and the Sutter County Sheriff’s Office. Assistant U.S. Attorney Alstyn Bennett is prosecuting the case.
If convicted, Nash faces a minimum statutory penalty of five years and maximum of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.
Woodland Woman Sentenced to 5 Years in Prison for Conspiring to Distribute MethamphetamineRead the Press Release
JOHNSTOWN, Pa. – A former resident of Woodland, PA, has been sentenced in federal court to a total of 5 years in prison followed by 4 years of supervised release on her conviction of conspiracy to distribute methamphetamine, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Amber Gallaher, 30, of Woodland, Pennsylvania.
According to information presented to the court, from July 2019 to June 2020, Gallaher did conspire to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Ms. Chung commended the Drug Enforcement Administration and the Pennsylvania State Police for the investigation that led to the successful prosecution of Gallaher. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Woodland Man Pleads Guilty for Role in Methamphetamine ConspiracyRead the Press Release
JOHNSTOWN, Pa. – A former resident of Woodland, PA pleaded guilty in federal court to charges of violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.
Mark Hackett, 34, of Woodland, PA, pleaded guilty to Counts Two and Nine of the Superseding Indictment before Senior United States District Judge Kim R. Gibson.
In connection with the guilty plea, from July 2019 to June 2020, Hackett did conspire to distribute 500 grams or more of a mixture and substance containing a detectable amount of methamphetamine. Further, on December 18, 2019, Hackett did distribute and possess with the intent to distribute 50 grams or more of methamphetamine.
Judge Gibson scheduled sentencing for October 12, 2022. The law provides for a minimum sentence of 10 years in prison and maximum 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 that led to the prosecution of Hackett. Additional agencies participating in this investigation include the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service – Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, Pennsylvania Office of the Attorney General, Clearfield County District Attorney’s Office, Erie County District Attorney’s Office, Millcreek Police Department, Erie Bureau of Police, and other local law enforcement agencies.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Wetzel County man admits to firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Joseph Allen Sams, of Jacksonsburg, West Virginia, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.
Sams, 36, pleaded guilty today to one count of “Unlawful Possession of a Firearm.” Sams, a person prohibited from having a firearm because of a prior felony conviction, admitted to having a 20-gauge shotgun and nine rounds of 20-gause ammunition in August 2021 in Tyler County.
Sams 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 David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tyler County Sheriff’s Office investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Waterloo Man Sentenced to over Nine Years in Federal Prison for Being a Felon in Possession of a FirearmRead the Press Release
A felon who possessed a firearm was sentenced today to 114 months in federal prison.
Lloyd James Allen III, age 29, of Waterloo received the sentence after a January 6, 2022 guilty plea to one count of being a felon in possession of a firearm. At the plea hearing, Allen admitted that, on February 7, 2021, he knowingly possessed a pistol after having been convicted of three crimes punishable by more than one year of imprisonment. At the sentencing hearing, evidence was introduced that defendant possessed firearms on two other occasions in 2020 and 2021.
Allen was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Allen was sentenced to 114 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was prosecuted by Assistant United States Attorney Ashley Corkery and was investigated by the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 21-2067.
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Wapato Man Sentenced to 57 Months in Federal Prison After Killing Four People While Drunk DrivingRead the Press Release
Yakima, Washington – On May 31, 2022, U.S. District Judge Salvador Mendoza, Jr. sentenced Leland James Finley, 28, of Wapato, Washington, to 57 months in federal prison for Involuntary Manslaughter and Assault Resulting in Serious Bodily Injury. Judge Mendoza also ordered Finley to serve three years on federal supervision after he is released from prison. Finley pleaded guilty to four counts of Involuntary Manslaughter and one count of Assault Resulting in Serious Bodily Injury on November 23, 2021.
According to court documents, on May 7, 2019, at a little after 4:00 a.m., law enforcement officers responded to a crash scene at the intersection of U.S. Highway 97 and Larue Road, on the Yakama Nation Reservation. The investigation revealed that Finley failed to stop at as stop sign on Larue Road and drove in front of a semi-tractor-trailer that had been travelling on the highway, causing the collision. Four passengers in the Finley’s SUV were killed and a fifth was badly injured; multiple alcohol containers were recovered from inside the SUV and scattered around the scene. A Yakama Nation Police Department Officer interviewed Finley after advising him of his rights, and Finley acknowledged that he and his passengers had been drinking beer and driving around. Finley also admitted that he was the driver at the time of the crash. Remarkably, Finley admitted that he saw the stop sign and the semi-tractor-trailer, but said that he just wanted to beat the truck through the intersection. Lab results of Finley’s blood, which was drawn at a local hospital about five hours after the crash, showed the presence of alcohol, THC, metabolites of THC, cocaine, and metabolites of cocaine.
“Four people are dead. No legal proceeding, no admission of guilt, no sentence can bring them back or truly heal the wounds Mr. Finley has caused their loved ones. My office mourns with the victims’ families while we seek justice with our law enforcement partners. We will continue to hold accountable those who engage in criminally reckless violence in our community,” said Vanessa R. Waldref, U.S. Attorney for the Eastern District of Washington. “While it is a miracle that anyone survived that crash, this tragedy was as senseless as it was avoidable. I call on every driver in Eastern Washington to learn the devastatingly obvious lesson from this case: do not drive while high or drunk.”
“This did not need to happen,” said Donald M. Voiret, Special Agent in Charge of the FBI Seattle office. “It is 2022. It is not a new concept that driving while impaired leads to devastating consequences, including in this case the deaths of four innocent people. The only thing we can hope today is that others learn from Mr. Finley’s tragic decisions.”
This case was investigated by the Federal Bureau of Investigation, the Yakama Nation Police Department, and the Washington State Patrol. The case was prosecuted by Michael Murphy, Assistant U.S. Attorney for the Eastern District of Washington.
United States Obtains Warrant for Seizure of Two Airplanes of Russian Oligarch Roman Abramovich Worth over $400 MillionRead the Press Release
The United States of America has been authorized to seize a Boeing 787-8 aircraft and a Gulfstream G650ER aircraft owned and controlled by Russian oligarch Roman Abramovich, pursuant to a seizure warrant from the U.S. District Court for the Southern District of New York, which found that the airplanes are subject to seizure and forfeiture based on probable cause of violations of the Export Control Reform Act (ECRA) and the recent sanctions issued against Russia.
According to the seizure warrant and affidavit unsealed today:
In response to Russia’s invasion of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued various sanctions against Russia that impose export controls and license requirements to protect U.S. national security and foreign policy interests. These Russia sanctions include expanded prohibitions on the export, reexport, or in-country transfer of U.S.-manufactured aircraft and aircraft parts and components to or within Russia without a BIS license, and eliminate the availability of any license exception for aircraft owned or controlled, or under charter or lease, by Russia or a Russian national.
The Boeing and the Gulfstream each were reexported to Russia (i.e., flown from a foreign country to Russia) in violation of the ECRA and regulations issued thereunder, including the recent Russia sanctions. The Boeing was flown to Russia on March 4, 2022 without a BIS license, and is now in the United Arab Emirates. The Gulfstream was flown to Russia on March 12 and 15, 2022 without a BIS license, and remains in Russia. The Boeing and Gulfstream are owned and controlled by Roman Abramovich, a Russia national, through a series of shell companies in Cyprus, Jersey, and the British Virgin Islands.
The Boeing (pictured below), bearing tail number P4-BDL and serial number 37306, is believed to be worth approximately $350 million.
The Gulfstream (pictured below), bearing tail number LX-RAY and serial number 6417, is believed to be worth approximately $60 million.
Task Force KleptoCapture Director Andrew C. Adams, U.S. Attorney Damian Williams for the Southern District of New York, Special Agent in Charge Michael J. Driscoll of the FBI’s New York Field Office, and Assistant Secretary for Export Enforcement Matthew S. Axelrod of the Department of Commerce made the announcement.
U.S. Attorney Williams praised the outstanding work of the FBI and BIS. In a charging letter that separately issued today, BIS initiated administrative proceedings against Roman Abramovich, seeking penalties of up to twice the value of the Boeing and the Gulfstream. U.S. Attorney. Williams further thanked the Justice Department’s National Security Division and Office of International Affairs, the U.S. Treasury Department’s Office of Foreign Assets Control, and Her Majesty’s Attorney General for the Bailiwick of Jersey for their assistance in this investigation.
Assistant U.S. Attorneys Joshua A. Naftalis, Anden Chow, Michael D. Lockard, and Kaylan E. Lasky for the Southern District of New York are investigating the case.
The investigation was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls, and economic countermeasures that the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2 and run out of the Office of the Deputy Attorney General, the task force will continue to leverage all of the Department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.
United States Obtains Warrant for Seizure of Two Airplanes of Russian Oligarch Roman Abramovich Worth over $400 MillionRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Andrew C. Adams, Task Force KleptoCapture Director, Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement, announced today that the United States of America has been authorized to seize a Boeing 787-8 aircraft and a Gulfstream G650ER aircraft owned and/or controlled by Russian oligarch Roman Abramovich, pursuant to a seizure warrant from the U.S. District Court for the Southern District of New York, which found that the airplanes are subject to seizure and forfeiture based on probable cause of violations of the Export Control Reform Act (“ECRA”) and the recent sanctions issued against Russia.
U.S. Attorney Damian Williams said: “Today’s affidavit and warrant demonstrate the Southern District’s commitment to bring to bear every legal tool available for enforcement of sanctions and export controls imposed in response to Russia’s illegal war in Ukraine. Our international partners — nations devoted to the rule of law — far outnumber those jurisdictions where these aircraft can safely hide, and our investigation of illegal exports in violation of U.S. law will continue unabated.”
Task Force KleptoCapture Director Andrew C. Adams said: “Today’s action reflects the global scope of the United States’ response to illegal Russian aggression in Ukraine. While we seek to execute on these warrants, the Task Force eagerly anticipates working with international partners to uphold the rule of law and reminds members of the aviation, insurance, and financial industries that these aircraft constitute tainted property under active investigation by the United States.”
FBI Assistant Director Michael J. Driscoll said: “These wealthy Russian oligarchs have helped foster an environment that enabled Russia to pursue its deadly war in Ukraine. The seizure of their valuable possessions, including these two aircraft, is just one way the U.S government holds accountable those who break U.S. laws and support Russia in its attempt to conquer a sovereign nation. Our work has only just begun and we won't back away.”
Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod: “The Commerce Department has put in place unprecedented export controls in response to Russia’s illegal war against Ukraine. Today’s action, and our recent changes to make such actions public when brought, provides notice to the world of our commitment to enforce those controls aggressively in a transparent way, consistent with our commitment to the rule of law.”
According to the seizure warrant and affidavit sworn out today:[1]
In response to Russia’s invasion of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued various sanctions against Russia that impose export controls and license requirements to protect U.S. national security and foreign policy interests. These Russia sanctions include expanded prohibitions on the export, reexport, or in-country transfer of U.S.-manufactured aircraft and aircraft parts and components to or within Russia without a BIS license, and eliminate the availability of any license exception for aircraft owned or controlled, or under charter or lease, by Russia or a Russian national.
The Boeing and the Gulfstream each were reexported to Russia (i.e., flown from a foreign country to Russia) in violation of the ECRA and regulations issued thereunder, including the recent Russia sanctions. The Boeing was flown to Russia on March 4, 2022 without a BIS license and without a license exception, and is now in the United Arab Emirates. The Gulfstream was flown to Russia on March 12 and 15, 2022 without a BIS license and without a license exception, and remains in Russia. The Boeing and Gulfstream are owned and/or controlled by Roman Abramovich, a Russia national, through a series of shell companies in Cyprus, Jersey, and the British Virgin Islands.
The Boeing (pictured below), bearing tail number P4-BDL and manufacturer serial number 37306, is believed to be worth approximately $350 million.
The Gulfstream (pictured below), bearing tail number LX-RAY and manufacturer serial number 6417, is believed to be worth approximately $60 million.
* * *
Mr. Williams praised the outstanding work of the FBI and BIS. In a charging letter that separately issued today, BIS initiated administrative proceedings against Roman Abramovich, seeking penalties of up to twice the value of the Boeing and the Gulfstream. Mr. Williams further thanked the Justice Department’s National Security Division and Office of International Affairs, the U.S. Treasury Department’s Office of Foreign Assets Control, and Her Majesty’s Attorney General for the Bailiwick of Jersey for their assistance in this investigation.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit and National Security and International Narcotics Unit. Assistant United States Attorneys Joshua A. Naftalis, Anden Chow, Michael D. Lockard, and Kaylan E. Lasky are in charge of the investigation.
The investigation was coordinated through the Justice Department’s Task Force KleptoCapture, an interagency law enforcement task force dedicated to enforcing the sweeping sanctions, export controls, and economic countermeasures that the United States, along with its foreign allies and partners, has imposed in response to Russia’s unprovoked military invasion of Ukraine. Announced by the Attorney General on March 2 and run out of the Office of the Deputy Attorney General, the task force will continue to leverage all of the Department’s tools and authorities to combat efforts to evade or undermine the collective actions taken by the U.S. government in response to Russian military aggression.
[1] The burden to prove forfeitability in a forfeiture proceeding is upon the government.
United States Attorney Announces Enhanced Enforcement Strategy Targeting Designated High Crime Areas in DetroitRead the Press Release
DETROIT – Today, United States Attorney Dawn N. Ison, along with Detroit Mayor Mike Duggan, Wayne County Prosecuting Attorney Kym Worthy and Detroit Police Chief James E. White announced a targeted law enforcement initiative that is designed to reduce gun violence in Detroit’s neighborhoods with the highest incidence of violent crime.
Joining in the announcement were Special Agent in Charge James A. Tarasca, Federal Bureau of Investigation, Detroit Division, Special Agent in Charge Paul Vanderplow, Bureau of Alcohol, Tobacco, Firearms and Explosives.
Studies have shown that violent crime is commonly driven by a small number of actors and is highly concentrated within communities. And we know that as temperatures rise, so too does violent crime in these neighborhoods. With the summer now upon us, the United States Attorney’s Office, along with the Wayne County Prosecutor’s Office, the Detroit Police Department, the ATF, and the FBI, has launched an effort to strategically focus resources on the most dangerous neighborhoods of the city. These neighborhoods in the 8th and 9th Precincts lead the city in fatal and non-fatal shootings, robberies, and aggravated assaults with a gun in 2022.
The strategy is a part of the United States Attorney’s Office’s Project Safe Neighborhoods (PSN) initiative. PSN continues to be the centerpiece of the Department of Justice’s violent crime reduction efforts. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems and develop comprehensive solutions to address them. PSN is an evidence-based program that focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs to pursue lasting reductions in crime.
The unified approach to reducing gun violence announced today includes enhanced federal, state, and local law enforcement collaboration and coordinated prosecution efforts to boost existing and ongoing partnerships to address violent crime across the city. Under the strategy,
felons arrested in one of the designated areas in possession of a firearm will be immediately prosecuted federally. In addition, any individual who uses a firearm to commit a crime of violence or drug trafficking crime will also be considered for federal prosecution. The “hot spot” strategy for federal enforcement began on Memorial Day and will last until Labor Day in September.
Importantly, this enforcement strategy will be paired with enhanced efforts from the City of Detroit to address blight and other quality of life issues for residents living in the designated enforcement areas.
“Through this partnership, we will focus strategically on the drivers of violence in our most dangerous communities. This strategy is designed to significantly reduce violence by narrowly focusing on those who are committing it and to give these neighborhoods back to the majority of the residents who want to live in peace,” stated U.S. Attorney Dawn N. Ison. “Along with our enforcement strategy, my office is committed to working with community leaders in these neighborhoods and the City of Detroit to improve the quality of life in the areas that we have targeted for enhanced enforcement,” continued Ison.
Mayor Duggan stated, “The two areas Detroit Police have been intensely focused on are the 8th and 9th Precincts, where we typically see the highest rate of gun-related crimes, especially during the summer months. I'm deeply appreciative to the US Attorney's Office for implementing the new policy of having cases of felons found in possession of a gun in these precincts go immediately to federal prosecution. Federal law enforcement agencies in Detroit have worked very closely with DPD and the community. This new initiative makes it clear they will remain strong community partners in making neighborhoods safer for Detroit residents.”
Prosecutor Worthy stated, “The proliferation of gun violence in Detroit is staggering. We must not be deterred from attacking this problem. People with previous records in the 8th and 9th Precinct will be prosecuted federally if they are in possession of weapons. We are hopeful that our collaboration with the U.S. Attorney’s Office will have an impact on this important issue. “
Chief White stated, “Detroiters deserve policing excellence. The continued collaboration provides another layer of protection for our community. The relationship between DPD and the US Attorney’s Office plays an instrumental role in keeping Detroiters safe. I would like to thank US Attorney Dawn Ison for her commitment and leadership to our community.”
“Through information sharing, strategic enforcement efforts, and federal prosecutions, law enforcement agencies across Detroit continue to work together to combat crime in the most violent areas of our city,” said James A. Tarasca, Special Agent in Charge of the FBI’s Detroit Field Office. “The FBI will contribute to this initiative by targeting those who commit armed robberies of businesses, along with the leadership of gangs and criminal enterprises that drive the violence in our communities. By doing so, we will ensure our neighborhoods and communities are safer places to live and work.”
“Regardless of the time of year, ATF has no tolerance for criminals who continue to terrorize our communities’ by utilizing firearms as a tool of violence,” said, ATF Special Agent in Charge Paul Vanderplow. “The men and women of ATF are dedicated to identifying and apprehending those who choose violence. ATF stands proudly with our Federal, State, and Local law enforcement partners within the State of Michigan to prosecute these individuals.”
U.S. Attorney Dena J. King Participates in End-Of-Schoolyear Celebration at Charlotte's Turning Point AcademyRead the Press Release
CHARLOTTE, N.C. – Today, U.S. Attorney Dena J. King participated in an end-of-schoolyear celebration during a mentoring session at Charlotte’s Turning Point Academy. Turning Point Academy is an alternative option designed to meet the educational needs of historically underserved middle school and high school students. In addition to providing an educational curriculum, the program offers therapeutic intervention services and behavior and academic prevention and intervention programs, to assist students with developing and implementing a personal plan while attending the program.
In April, U.S. Attorney King was invited to speak to a group of students at Turning Point Academy about her background and experiences as a student and share her challenges and successes as a lawyer throughout her legal career. During her initial visit, U.S. Attorney King was invited to join the Sister Circle, a group made up of high school students at the Academy. Since then, U.S. Attorney King has regularly led mentoring sessions with the Sister Circle students, during which they discuss a number of topics including educational goals, the importance of civic duty, respecting oneself and others, and other areas of interest to the students.
“Being part of the Sister Circle has been a great privilege,” said U.S. Attorney King. “I’m honored to be a member of this close-knit group and I thank the students for placing their trust in me and letting me into their world. My participation has also given me the opportunity to get to know the students better, understand their life experiences, find ways to help them set high expectations for themselves, and encourage their passion for lifelong success. I plan to continue to be in touch with the students and do my part in helping them stay on a positive path.”
Since taking office, U.S. Attorney King has made youth engagement a priority of her community outreach efforts. To date, U.S. Attorney King has collaborated with school districts throughout Western North Carolina to promote youth engagement, support young people in developing the skills they need for future success, and empower students to reach their full potential. Ms. King has spoken with students with Charlotte Mecklenburg Schools, Iredell County Schools, Buncombe County Schools, Asheville City Schools, McDowell County Schools and Cherokee Schools on the Qualla Boundary. During her interactions with the students, U.S. Attorney King has encouraged students to discuss the challenges they face and has urged young people to voice their ideas on how to address these issues.
“As grown-ups we get used to communicating with young people by telling them what they ought to do. However, communication should flow both ways and nobody knows better the challenges young people face than young people,” said U.S. Attorney King. “The purpose of my meetings with students is to hear their stories, learn the impact of trauma and violence in their lives, listen to their thoughts on disparities and inequities throughout society, and understand the obstacles they need to overcome to realize their full potential. These interactions can help guide our violence prevention strategy at a federal level and determine what federal funding and resources are available to address our students’ needs,” King added.
Throughout her school engagements, U.S. Attorney King has also recognized all the adults who work hard to ensure students have the tools and skills they need to succeed. “Students do not succeed on their own,” U.S. Attorney King stated. “There is an extensive and dedicated support network of teachers, administrators, parents, guardians, trusted adults and community members working hard to ensure young people learn how to successfully navigate life’s twists and turns, understand how to become valued members of our communities, and more importantly how they can grow up to develop into positive agents of change. I thank all these individuals for their hard work and their ongoing commitment to our children.”
Trio from South Dakota and Colorado Federally Indicted for Kidnapping, Carjacking, and Firearm Offense Against FBI EmployeeRead the Press Release
United States Attorney Alison J. Ramsdell announced that three individuals, one who resides in South Dakota and two who reside in Colorado, have been indicted by a federal grand jury for Kidnapping, Carjacking, and Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence.
Juan Francisco Alvarez-Soto, age 23 and originally from El Salvador; Deyvin Morales, age 27 and originally from Guatemala; and Lourdes Alondra Bonilla, age 23 and originally from Colorado, were indicted on May 19, 2022. The defendants appeared before a magistrate judge in the District of Colorado, and each defendant pleaded not guilty to the Indictment. The three defendants will be transported to the District of South Dakota for further court proceedings.
The maximum term of imprisonment upon conviction for each count is as follows: up to life for Kidnapping; up to fifteen (15) years for Carjacking; and a mandatory minimum of seven (7) years up to life for Using, Carrying, and Brandishing a Firearm During and in Relation to a Crime of Violence. Each count also has a maximum fine of $250,000.
According to the indictment, on or about May 6, 2022, near Red Shirt, in the District of South Dakota, the defendants, Juan Francisco Alvarez-Sorto, a/k/a Juan Francisco Alvarez, a/k/a “Juanito R.,” a/k/a “Juan Jr.,” Deyvin Morales, a/k/a Deyvin Eliabid Escriba Morales, a/k/a Deybi Eleabit Escriba Morales, a/k/a “Guate,” a/k/a “Watay,” a/k/a “Chapine,” and Lourdes Alondra Bonilla, a/k/a “Bhabie Doze,” a/k/a “Princess_Doze,” did willfully and knowingly kidnap and abduct a victim. At the time, the victim was engaged in the performance of their official duties as a professional support employee with the Federal Bureau of Investigation. The defendants also took the victim’s vehicle, with force, violence, and intimidation, and brandished a rifle during the commission of the charged criminal conduct. It is alleged that the defendants aided and abetted each other in committing the charges set forth in the indictment.
The charges are merely accusations, and each defendant is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
The defendants were all detained pending further court proceedings in South Dakota. A trial date has not been set.
Third defendant sentenced for trafficking guns to BarbadosRead the Press Release
ATLANTA - Rashad Sargeant has been sentenced for his role in trafficking firearms to Barbados. Together with his co-defendant, David Johnson, Sargeant shipped at least 30 firearms to Barbados after obliterating the serial numbers from the firearms and packing them inside false compartments in boxes.
“Firearms trafficking fuels violence in communities within the United States and abroad,” said U.S. Attorney Ryan K. Buchanan. “We will continue to actively leverage partnerships with federal, state, local, and international law enforcement partners to stem the illegal flow of firearms.”
“This case and ultimate conviction highlights the fact that illegal gun trafficking not only affects our local communities but has implications far beyond our borders” said ATF Assistant Special Agent in Charge Alicia Jones. “At a time when gun crime is on the rise, this case reinforces the need for ATF and our partners to be vigilant in investigating and prosecuting individuals who supply both the domestic and international illegal arms trade.”
“Disrupting the flow of illegal guns inevitably saves lives and reduces overall crime, so I’m glad we were able to stop this scheme to illegally export guns to Barbados,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “Cases like this highlight the great results that can be achieved when agencies work together to protect our communities.”
“The Office of Export Enforcement is committed to disrupting the illegal export of firearms from the United States,” said Nasir Khan, Acting Special Agent in Charge of the U.S. Department of Commerce’s Office of Export Enforcement, Miami Field Office. “We will continue to work with U.S. and international law enforcement partners to penalize violators of our export laws.”
According to U.S. Attorney Buchanan, the charges and other information presented in court: David Johnson recruited Shunquez Stephens, and others to unlawfully purchase guns from federally licenses firearms dealers. Stephens, and the other “straw purchasers”, made false statements to the licensed dealers by swearing that that they were purchasing the guns for themselves.
Sargeant and Johnson would then take possession of the guns and use false identifications to mail the guns to Barbados through common carriers like UPS, FedEx, and DHL.
Rashad Sargeant, 27, of College Park, Georgia, has been sentenced to three years, ten months in prison to be followed by three years of supervised release after pleading guilty on September 2, 2021.
David Johnson, 31, of Belleville, Illinois, was previously sentenced on March 17, 2022, and sentenced to three years, ten months in prison to be followed by three years of supervised release after pleading guilty on July 22, 2021.
Shunquez Stephens, 28, of Flowery Branch, Georgia, was previously sentenced on September 30, 2021, and sentenced to three years of probation after pleading guilty on June 21, 2021.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bureau of Industry and Security, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant U.S. Attorney Jennifer Keen prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Suburban Chicago Home Sleep Testing Company to Pay $3.5 Million to Settle Federal Health Care Fraud SuitRead the Press Release
CHICAGO — A suburban Chicago diagnostics company that provides home sleep testing will pay $3.5 million to the United States to settle a civil lawsuit accusing the company of defrauding Medicare and four other federal health care programs through kickbacks and unnecessary home sleep testing.
The suit in U.S. District Court in Chicago alleged that SNAP DIAGNOSTICS LLC, a nationwide provider of home sleep testing diagnostic services based in Wheeling, Ill.; its founder, GIL RAVIV; and its vice president, STEPHEN BURTON, violated the False Claims Act and the Anti-Kickback Statute by fraudulently billing Medicare and four other federal health care programs for medically unnecessary services and for services that were occasioned by kickbacks. The suit alleged that Raviv directed SNAP to submit claims for patients’ second and third nights of home sleep testing when, in fact, the company knew that only a single night of testing was needed to effectively diagnose obstructive sleep apnea and that it routinely tested and claimed only one night for patients with private health insurance. As a result, the suit alleged that, in addition to defrauding five federal agencies, SNAP unlawfully multiplied the copays it received from senior citizens who were Medicare beneficiaries. The suit also alleged that SNAP’s business model relied on several unlawful kickback schemes, which incentivized physicians and their staffs to refer all of their home sleep testing services to SNAP.
As part of a settlement agreement approved Friday by U.S. District Judge Mary M. Rowland, SNAP agreed to pay the United States $3.5 million, while Raviv will pay $300,000, and Burton $125,000, for a total settlement amount of $3.925 million. These payments represent amounts the United States is willing to accept due solely to SNAP’s, Raviv’s, and Burton’s respective financial conditions, as shown by sworn financial disclosures. SNAP and Raviv also entered into a corporate integrity agreement with the Office of Inspector General of the U.S. Department of Health and Human Services, requiring SNAP to, among other things, retain an independent review organization to perform annual reviews of claims and submit reports to the OIG-HHS.
The settlement 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; Cynthia A. Bruce, Special Agent-in-Charge of the U.S. Department of Defense Office of Inspector General, Defense Criminal Investigative Service, Southeast Field Office; Gregory Billingsley, Special Agent-in-Charge of the U.S. Department of Veterans Affairs Office of Inspector General’s Central Field Office; Mario Pinto, Special Agent-in-Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Martin J. Dickman, Inspector General of the U.S. Railroad Retirement Board Office of the Inspector General in Chicago; and Amy K. Parker, Special Agent-in-Charge of the U.S. Office of Personnel Management Office of the Inspector General. The government was represented by Senior Litigation Counsel Sarah J. North and Assistant U.S. Attorney Kate Flannery.
“When health care providers violate their obligation to properly bill for federally funded treatment, government programs and American taxpayers pay the price,” said U.S. Attorney Lausch. “Our office remains committed to protecting taxpayers and preserving the integrity of our federal health care system.”
“American taxpayers should never foot the bill for private companies seeking to profit by defrauding government programs,” said FBI Special Agent-in-Charge Buie. “The FBI will continue working with law enforcement and prosecutorial partners to fight illegal kickback schemes and ensure that justice is done within the federal medical system.”
“We aggressively investigate cases of fraud, which take money from VA programs meant to benefit our nation’s veterans and their families,” said VA OIG Special Agent-in-Charge Billingsley. “The VA OIG thanks the U.S. Attorney’s Office and our law enforcement partners for their efforts in this joint investigation. We encourage anyone who becomes aware of fraud against the VA to contact the VA OIG Hotline.”
“We are proud to be part of this collaborative effort and would like to thank our law enforcement partners and the U.S. Attorney’s Office for their dedication and excellent work in this case,” said RRB-OIG Inspector General Dickman. “Medicare fraud remains a top federal law enforcement priority and providers who exploit our healthcare system will not be tolerated.”
“The OPM OIG is committed to holding accountable those who seek to enrich themselves by inflating costs and overbilling the Federal Employees Health Benefits Program for medically unnecessary tests,” said OPM OIG Special Agent-in-Charge Parker. “We applaud our investigative staff and law enforcement partners on today’s settlement, which is a direct result of their hard work investigating these types of health care fraud schemes.”
“Individuals involved in this scheme defrauded TRICARE and I am pleased that the U.S. Attorney’s Office is requiring justice,” said DCIS Special Agent-in-Charge Bruce. “DCIS agents will continue to pursue individuals who improperly profit from our military health care system and all taxpayers.”
The settlement resolves two civil lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act. The Act permits private citizens to bring lawsuits on behalf of the United States for false claims, and to share in any recovery. The United States intervened in the two lawsuits and filed a complaint in intervention prior to the settlement. The settlement agreement is neither an admission of liability by SNAP, Raviv, or Burton, nor a concession by the United States that its claims are not well founded.
St. Augustine Man Pleads Guilty to Illegally Purchasing FirearmsRead the Press Release
Jacksonville, FL –United States Attorney Roger B. Handberg announces that Adam Taylor (32, St. Augustine) has pleaded guilty to illegally purchasing firearms. Taylor faces a maximum penalty of 10 years in federal prison. In addition, Taylor has agreed to forfeit the firearms traceable to the offense. A sentencing date has not yet been set.
According to the plea agreement, Taylor was intercepted on a state wiretap discussing the purchase of firearms with a member of a suspected drug trafficking organization (DTO). On August 18, 2021, Taylor purchased two Century Arms Draco 7.62 x 39mm pistols from a gun dealer in St. Augustine. Taylor lied to the gun dealer when he completed paperwork claiming that he was buying the firearms for himself. Shortly after purchasing the firearms, Taylor delivered the pistols to the DTO member.
On September 9, 2021, law enforcement agents executed a search warrant at the DTO member’s residence in St. Augustine. As a result of the search, the located and seized the two Century Arms, Draco, 7.62 x 39mm pistols that Taylor had purchased.
This case was investigated by the Florida Department of Law Enforcement, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Johns County Sheriff’s Office, and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Frank Talbot. The forfeiture of assets is being handled by Assistant United States Attorney Mai Tran.
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.
Southampton Woman Pleads Guilty to Elder Fraud SchemeRead the Press Release
Earlier today, in federal court in Central Islip, Mara Ficarra pleaded guilty to conspiracy to commit mail, wire and bank fraud. The proceeding was held before United States District Judge Joanna Seybert. When sentenced, Ficarra faces up to five years in prison, as well as forfeiture and restitution of more than $1.5 million.
Breon Peace, United States Attorney for the Eastern District of New York, and Daniel B. Brubaker, Inspector-in-Charge, United States Postal Inspection Service, New York Division (USPIS). announced the guilty plea.
“Ficarra enriched herself by preying upon vulnerable elderly members of our community in an elaborate solicitation to immortalize the victims’ through inclusion of their biographies in reference publications she controlled, when in fact it was a scheme designed to steal their hard-earned savings. With today’s guilty plea, Ficarra has ensured that her own legacy is that of a convicted fraudster,” stated United States Attorney Peace. “This Office is committed to protecting the elderly from financial fraud and ending elder abuse in all its pernicious forms.” Mr. Peace thanked the Southampton Town Police Department for its assistance with the investigation.
“Mara Ficarra took advantage of the elderly, leading them to believe their legacies would be preserved in The Remington Registry of Outstanding Professionals. What she did instead was prey on innocent victims and continue to drain their bank accounts of over $1.5 million. Postal Inspectors will tirelessly pursue anyone who targets the elderly for fraud. Today’s guilty plea is proof of the commitment of Postal Inspectors and our partners in the U.S. Attorney’s Office to bring these scammers to justice,” stated USPIS Inspector-in-Charge Brubaker.
As set forth in court filings, Ficarra and a co-conspirator owned, operated and held senior management positions in various companies, including Remington Biographies, Inc., Remington Bookkeepers, Inc., and Mentorship America1, Inc. (collectively, the “Remington Entities”). The Remington Entities purported to publish reference publications containing biographical information of individuals across the country. Those publications included “Inspiring the Youth of America” and “The Remington Registry of Outstanding Professionals.”
From 2013 to December 2018, Ficarra caused letters and pamphlets to be mailed to victims, primarily the elderly, indicating that the victim’s biography would be published in one of the reference publications. The letters, addressed “Dear Nominee,” indicated, “Your 2 books and your plaque are paid for in full and ready for delivery. Please send a check for $14.00 dollars for shipping and handling.” The pamphlet described the publication and stated in part, “The Remington Registry of Outstanding Professionals is more than a who’s who. It is the ultimate expression of achievements, hardships, and dedication that professionals have made in their lives and careers…. Sit back and be read for a wonderful experience.” The mailings induced hundreds of victims to send checks as payment for inclusion in the reference publications. Ficarra then used the routing and bank account information on those checks to produce fraudulent checks for larger dollar amounts, which she then deposited into bank accounts she and a co-conspirator controlled at Citibank, Everbank, HSBC, JP Morgan Chase and Wells Fargo, among other financial institutions. Ficarra then promptly withdrew cash from the accounts, stealing more than $1.5 million dollars from the victim subscribers and financial institutions.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Catherine M. Mirabile is in charge of the prosecution, with the assistance of Assistant United States Attorney Madeline O’Connor who is handling forfeiture matters.
The Defendant:
MARA FICARRA
Age: 57
Southampton, New YorkE.D.N.Y. Docket No. 18-CR-679 (S-1) (JS)
SnapChat Sale of Fentanyl-Laced Pills Leads to Teenage Overdose Death and Guilty PleaRead the Press Release
HARRISONBURG, Va. – Abdallah Amer Ali, 21, of Harrisonburg, sold a fatal dose of fentanyl to a 16-year-old in Harrisonburg and pled guilty to one count of distributing a measurable quantity of fentanyl which resulted in death.
“We have seen a record number of overdose deaths in the last year both here in Virginia and across the country,” United States Attorney Christopher R. Kavanaugh said today. “My Office will continue to approach this epidemic with strength and compassion by holding accountable those who cause overdose deaths, raising awareness about the dangers of these lethal substances, and providing support to individuals in recovery. A comprehensive solution is the only way forward.”
“With overdose deaths on a rampant rise across the country, we often focus on numbers, but today’s announcement is an important reminder that these numbers are much more than that – these are our children, loved ones, and our friends. Counterfeit pills containing fentanyl are a huge problem, affecting every culture, race, and age in our local communities. It only takes one pill to kill. And we’re working hard, along with our partners, on cases like this to help stop this fentanyl crisis and keep our families safer from such tragic outcomes,” Special Agent in Charge Jarod Forget of the Drug Enforcement Administration’s Washington Division said.
In October 2019, using the messaging app SnapChat, Ali arranged to sell what the teenage victim believed were Percocet pills, also known as “percs.” Although he advised the teenager to not ingest all of them at once, Ali stopped short of letting him know that the pills also contained the lethal opioid, fentanyl. Unaware that his pills were fentanyl-laced, the teenager ingested the pills, overdosed, and died early the next morning.
Ali is scheduled to be sentenced on September 13, 2022 and faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Drug Enforcement Administration’s Washington Division, the Harrisonburg Police Department, and the Rockingham County Sheriff’s Office investigated the case.
Assistant U.S. Attorneys Andrew Bassford and Jonathan Jones are prosecuting the case.
Sex Offender Sentenced to Prison for Failing to RegisterRead the Press Release
PITTSBURGH, PA. A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 10 months’ imprisonment followed by 5 years of supervised release on his conviction for failure to register as a sex offender, United States Attorney Cindy K. Chung announced today.
United States District Judge Cathy Bissoon imposed the sentence on Leon McGirt, also known as “Leon McGirk”, “Leon McGrit”, and “Leon McGirle”, age 45.
According to information presented to the court, McGirt was sentenced in 2012 in Essex County, New Jersey on a conviction for Criminal Attempt and Aggravated Sexual Assault (involving a minor victim). This conviction subjected McGirt to lifetime supervision in the State of New Jersey and required McGirt to register under SORNA. On December 18, 2018, McGirt traveled in interstate commerce, from the State of New Jersey to the Commonwealth of Pennsylvania, and knowingly failed to register as required by the Sex Offender Registration and Notification Act (“SORNA”) until his arrest on October 29, 2019 for absconding from supervision in New Jersey.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
United States Attorney Chung commended the United States Marshal Service for the investigation leading to the successful prosecution of McGirt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.