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3 June 2022
Holbrook Man Sentenced for Cocaine Trafficking; Boston Man Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – A Holbrook man was sentenced and a Boston man pleaded guilty yesterday in connection with their respective roles in a drug trafficking conspiracy.
Andre Echevarria, 41, of Holbrook, was sentenced by U.S. District Court Judge Richard G. Stearns to 41 months in prison and three years of supervised release. In September 2021, Echevarria pleaded guilty to conspiracy to distribute and to possess with intent to distribute cocaine.
Tarik Muhammad, 27, of Boston, pleaded guilty to conspiracy to distribute and possess with intent to distribute cocaine. Judge Stearns scheduled sentencing for June 21, 2022.
The defendants were charged in June 2020 along with 23 others as part of “Operation Snowfall” – a multi-year investigation into drug trafficking activities by a drug trafficking organization (DTO) comprised of Boston-based street gang members and associates. According to the charging documents, beginning in November 2018, law enforcement investigated drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.
The investigation also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown.
The investigation identified Echevarria as a drug trafficker who purchased cocaine from co-defendants and wholesale drug suppliers Winston McGhee and, allegedly, Derek Hart. According to the charging documents, McGhee and Hart were the two highest-level drug suppliers within the DTO. Over the course of the investigation, investigators identified Echevarria coordinating drug deals on intercepted calls with others, including McGhee and allegedly Hart, and also surveilled him participating in drug trafficking activity. On a call in April 2020, Echevarria received a “cooking class” from McGhee in which McGhee instructed him on how to convert cocaine into crack with the powder he had previously sold to him. When those efforts failed, Echevarria returned cocaine to McGhee in exchange for a replacement batch.
During a search of Echevarria’s vehicle at the time of his arrest, law enforcement recovered a Smith & Wesson .380 caliber pistol with an obliterated serial number. A search of his residence resulted in the seizure of a Smith & Wesson magazine and 10 rounds of ammunition.
The investigation also identified Muhammad as a drug distributor. Law enforcement intercepted calls between Muhammad and Kenji Drayton, one of the main suppliers and distributors within the DTO, in which they coordinated a meetup. Law enforcement subsequently surveilled Drayton’s meeting with Muhammad at an agreed-upon location discussed in the calls. Soon thereafter, Drayton entered a location known to have been used by Drayton during the investigation for drug trafficking purposes. After emerging minutes later, Drayton joined Muhammad in a vehicle and drove away. Law enforcement stopped the car soon after and ordered the occupants Muhammad out of the car. While searching Muhammad for possible weapons or drugs, law enforcement felt an object at the crease of Muhammad’s buttocks. Law enforcement restrained Muhammad, placed him in the back of an empty, clean police wagon, and transported him to the police station.
During the transport, law enforcement saw Muhammad throw himself to the ground and thrash about. Officers radioed those observations onto the station. When the wagon arrived at the station, Muhammad was observed to be covered with white powder. The back of the wagon also was dusted with white powder. Officers subsequently recovered a ripped plastic bag containing a white residue from the outer area of Muhammad’s buttocks.
Of the defendants charge in this case, Muhammad is the 12th defendant to plead guilty and Echevarria is the seventh defendant to be sentenced. Four defendants have pleaded guilty and are awaiting sentencing. Four defendants have pleaded not guilty and are awaiting trial. One defendant, Derek Hart, remains at large.
The charge of conspiracy to distribute and possession with intent to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years and up to life of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
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.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Boston Police Acting Commissioner Gregory Long made the announcement. Assistance in the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Offices. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
High School Rowing Coach Pleads Guilty to Sexually Abusing a High School StudentRead the Press Release
WASHINGTON – Kirkland Shipley, 48, a former teacher and girls’ rowing coach at Walt Whitman High School in Bethesda, Maryland, pleaded guilty today to sexually abusing a high school student and possessing sexually explicit material of a 17-year-old former high school student, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Shipley, of Washington, D.C., pleaded guilty in the Superior Court of the District of Columbia to first-degree sexual abuse of a secondary education student and possession of a sexual performance by a minor. Sentencing is scheduled for September 9, 2022 before the Honorable Maribeth Raffinan. As part of his sentence, Shipley will be required to register for the rest of his life as a sex offender.
According to the government’s evidence, one of the victims was on the girls’ crew team at Walt Whitman High School in Bethesda, Maryland from 2014-2018. Shipley was her head coach from her sophomore year to her senior year, as well as her history and geography teacher. During her sophomore year of high school, Shipley began texting the victim about rowing and personal matters. This continued into her senior year, in which Shipley began to text the victim more frequently and about increasingly personal topics. On at least two occasions in May 2018, prior to this victim’s graduation, he picked the victim up in his car and sexually abused her at his residence in Northwest Washington.
The other victim was on the girls’ crew team at Walt Whitman High School from 2009—2013. Shipley was her head coach from her sophomore year to her senior year. He also was this victim’s history teacher during her junior year. During the spring of the victim’s senior year, Shipley began to message her on GChat more frequently, about rowing and personal matters. A month after her graduation, in July 2013, when the victim was 17 years old, Shipley invited her to his residence in Washington, D.C., and had sex with her. He continued having sex with this victim throughout the summer and after she began college in the fall of 2013. During this time, Shipley possessed sexually explicit photos and videos of the victim, while she was a 17-year-old minor. He also sent this victim photos and videos of his penis and of himself masturbating.
Shipley was arrested on Aug. 24, 2021. He was released from custody with an order to stay away from all current and former students and athletes.
In announcing the plea, U.S. Attorney Graves and Chief Contee commended the work of the Metropolitan Police Department, which investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocate Lezlie Richardson and Paralegal Specialist ReShawn Johnson.
Finally, they expressed appreciation for the work of Assistant U.S. Attorneys Caroline Burrell and Felice Roggen, who investigated and prosecuted the case.
Hartford Man Charged with Firearm Offense Stemming from April ShootoutRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, James Ferguson, Special Agent in Charge, ATF Boston Field Division, and Hartford Police Chief Jason Thody today announced that a federal grand jury in New Haven has returned an indictment charging KEJUAN WILLIAMS, 29, of Hartford, with unlawful possession of a firearm by a felon.
The indictment was returned on May 24. Williams has been detained since his federal arrest on May 12.
As alleged in court documents, on April 18, 2022, after an unidentified shooter opened fire at individuals who were standing in a parking lot outside of a memorial gathering in Hartford, surveillance cameras at the location recorded at least nine individuals drawing firearms, and some of them returned fire. Shot Spotter technology recorded approximately 50 shots fired within approximately 90 seconds in and around the location, and law enforcement recovered at least 31 shell casings from the scene. Williams was present at the memorial gathering and was recorded on video brandishing a handgun and firing approximately eight times at the fleeing assailant. He then fled the scene in a black Acura.
It is further alleged that, on April 21, 2022, Hartford Police officers located Williams’ car parked near a restaurant on Westland Street. Williams was found inside the restaurant crouching behind a counter. Officers apprehended Williams and seized a loaded Taurus G2C 9mm handgun on the ground where Williams had been crouching. Investigators subsequently submitted to the National Integrated Ballistic Information Network (NIBIN) a test-fired shell casing from the seized handgun. Analysis of the shell casing revealed that it matched shell casings that were recovered from the shooting on April 18.
It is alleged that Williams’ criminal history includes multiple felony convictions, including a conviction in 2015 for carrying a pistol or revolver without a permit. It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
If convicted of the offense, Williams faces a maximum term of imprisonment of 10 years.
Another individual alleged to be involved in the shooting incident on April 18, Kyrin Jackson, 31, of Hartford, is currently detained in federal custody on a federal supervised release violation. It is alleged that surveillance video shows Jackson brandishing a handgun and holding a young child while facing oncoming gunfire.
“Gunfire erupting at a memorial service attended by families and young children cannot be tolerated in any community,” said U.S. Attorney Avery. “The reckless shooting event on April 18 may cause lasting trauma to all who witnessed it. Based on the number of shots fired, it is fortunate that no one lost their life and only one individual was injured. The U.S. Attorney’s Office and our law enforcement partners are committed to using the full weight of federal law to help bring an end to this senseless violence.”
“Some of those allegedly responsible for the blatant disregard of human life in this incident have been delivered to the judicial system,” said FBI Special Agent in Charge Sundberg. “We are steadfast in our conviction to seek out those who choose violence over peaceful communities. The FBI and all of our law enforcement partners remain in lockstep in our fight against gun crimes.”
“This investigation should send a clear message that this type of violence will not be tolerated” ATF Special Agent in Charge Ferguson. “ATF will continue to stand shoulder to shoulder with our partners at the Hartford Police and the FBI to take violent offenders off the street. The use of the National Integrated Ballistic Information Network (NIBIN), which allowed us to match ballistic evidence to the firearm seized, has been critical in this investigation.”
“This is another great example of technology, forensics and great police work coming together to take dangerous persons off the street and make our community safer,” said Hartford Police Chief Thody. “We appreciate our federal partners for all that they do.”
U.S. Attorney Avery stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the Federal Bureau of Investigation’s Northern Connecticut Gang Task Force; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
U.S. Attorney Avery thanked the Hartford State Attorney’s Offices for its cooperation in the investigation and prosecution of this matter.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Gun Store Burglar, Trafficker Sentenced to 108 Months ImprisonmentRead the Press Release
ALBANY, Ga. – A Southwest Georgia resident who broke into two Cordele, Georgia, gun stores, stealing multiple firearms and selling or distributing them in the community was sentenced to prison for his crimes.
Demetri Lott, 44, of Ashburn, Georgia, was sentenced to serve 108 months in prison to be followed by three years of supervised release by U.S. District Judge Leslie Gardner on June 1, after previously pleading guilty to two counts of theft of a firearm from a licensed dealer. There is no parole in the federal system.
“Our office is committed to prioritizing prosecutions of those responsible for the greatest gun violence in our communities, including those who illegally traffic in firearms,” said U.S. Attorney Peter D. Leary. “The U.S. Attorney’s Office and our local, state and federal law enforcement partners are focused on reducing violent crime in our communities, and to use every available resource at our disposal to reduce gun violence.”
“The theft of firearms from a federally licensed firearms dealer and their diversion into the illegal firearms market is a crime that affects us all,” said ATF Assistant Special Agent in Charge Beau Kolodka. “FFL burglaries are a top priority for ATF and we are pleased that Mr. Lott has been sentenced to a significant term of incarceration for his crimes.”
According to court documents, Lott broke into Wells Hardware & Supply in Cordele, Georgia, on Nov. 12, 2020, accessing the store through the roof. Lott stole 11 firearms. While the case was under investigation, Lott burglarized another gun store in Cordele, Evans Outdoors, on Jan. 2, 2021. A rifle was stolen as well as trail cameras, scopes and several boxes of ammunition. A concerned citizen contacted the Sheriff’s Office soon after the theft to report information about the stolen rifle. A second anonymous tip to the Sheriff’s Office on Jan. 15 helped law enforcement locate Lott. Lott was arrested at a Cordele residence, hiding inside the attic crawl space. Lott told agents he was responsible for breaking into and stealing firearms from both businesses. He also admitted to selling the stolen firearms from Wells Hardware & Supply for cash and drugs, later returning to the person’s home that same day to find that all of the firearms had been distributed to other people. Lott said he gave the Evans Outdoors rifle to an acquaintance. Lott has multiple prior felony convictions, including convictions for aggravated battery, robbery and burglary.
These cases are 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.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Crisp County Sheriff’s Office and the Cordele Police Department investigated the case.
Assistant U.S. Attorney Melody Ellis prosecuted the case.
Funder of ISIS Foreign Fighter Sentenced to 15 Years' ImprisonmentRead the Press Release
Earlier today, in federal court in Brooklyn, Dilkhayot Kasimov, a citizen of Uzbekistan and resident of Brooklyn, was sentenced by United States District Judge William F. Kuntz, II to 15 years in prison for conspiring and attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS). Kasimov was convicted of both counts following a one-week trial in September 2019.
Breon Peace, United States Attorney for the Eastern District of New York; Matthew Olsen, Assistant Attorney General of the Justice Department’s National Security Division; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), announced the sentence.
“Today’s sentence demonstrates the significant consequences for those who help terrorist groups, including by facilitating travel of others to join ISIS,” stated United States Attorney Peace. “Kasimov was part of a group of individuals who sought to travel to Syria to join ISIS or to fund others who sought to become foreign fighters for ISIS. The Department of Justice and our law enforcement partners will continue working relentlessly to protect our country from terrorists and those who would provide support to them.”
“Kasimov is an ISIS supporter who collected and gave money to another individual to fund his travel to join the terrorist group. With this sentence, Kasimov is being held accountable for his crimes,” said Assistant Attorney General for National Security Matthew G. Olsen. “The National Security Division is committed to identifying and holding accountable those who seek to provide material support to foreign terrorist organizations. I would like to thank all of the agents, analysts, and prosecutors who are responsible for this case.”
"Providing financial support to potential ISIS-inspired foreign fighters comes with a stiff penalty. As Kasimov learned today, his actions will cost him 15 years behind bars. The FBI continues to make every effort to protect Americans at home and abroad and to bring other like-minded criminals to justice,” stated Assistant Director-in-Charge Driscoll.
“This sentence serves as a warning to anyone who seeks to fund or carry out acts of terror,” stated NYPD Commissioner Sewell. “The NYPD’s Intelligence Bureau and the Joint Terrorism Task Force will remain vigilant in our efforts to stem the flow of fighters and disrupt and dismantle the networks that support them, both here and abroad.”
According to court filings, in 2015, Kasimov’s co-consiprators Abdurasul Juraboev and Akhror Saidakhmetov planned to travel to Syria to fight on behalf of ISIS. Kasimov provided money – his own and cash collected by others – to help fund Saidakhmetov’s travel and expenses. On the evening of Saidakhmetov’s scheduled departure in February 2015, Kasimov drove to John F. Kennedy International Airport, met Saidakhmetov at Terminal 7 and handed him $1,600 in cash on behalf of himself, co-conspirator Abror Habibov and others.
Co-defendants Juraboev and Saidakahmetov were each sentenced to 15 years’ imprisonment, while co-defendant Azizjon Rakhmatov was sentenced to 12.5 years’ imprisonment. Habibov and co-defendant Akmal Zakirov are awaiting sentencing. A seventh co-conspirator, Dilshod Khusanov, who was charged in a separate indictment, pled guilty to conspiracy to provide material support to designated foreign terrorist organizations and is scheduled to be sentenced on July 5, 2022.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Douglas M. Pravda, David K. Kessler and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.
The Defendant:
DILKHAYOT KASIMOV
Age: 34
Brooklyn, New YorkE.D.N.Y. Docket No. 15-CR-95 (S-3)(WFK)
Funder of ISIS Foreign Fighter Sentenced to 15 Years in PrisonRead the Press Release
A citizen of Uzbekistan and resident of Brooklyn was sentenced today to 15 years in prison for conspiring to and attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (ISIS).
Dilkhayot Kasimov, 34, was convicted of both counts following a one-week trial in September 2019. According to court documents, in 2015, Kasimov’s co-conspirators Abdurasul Juraboev and Akhror Saidakhmetov planned to travel to Syria to fight on behalf of ISIS. Kasimov provided money – his own and cash collected by others – to help fund Saidakhmetov’s travel and expenses. On the evening of Saidakhmetov’s scheduled departure in February 2015, Kasimov drove to John F. Kennedy International Airport, met Saidakhmetov at the terminal and handed him $1,600 in cash on behalf of himself, co-conspirator Abror Habibov and others.
“Kasimov is an ISIS supporter who collected and gave money to another individual to fund his travel to join the terrorist group. With this sentence, Kasimov is being held accountable for his crimes,” said Assistant Attorney General for National Security Matthew G. Olsen. “The National Security Division is committed to identifying and holding accountable those who seek to provide material support to foreign terrorist organizations. I would like to thank all of the agents, analysts and prosecutors who are responsible for this case.”
“Today’s sentence demonstrates the significant consequences for those who help terrorist groups, including by facilitating travel of others to join ISIS,” said U.S. Attorney Breon Peace for the Eastern District of New York. “Kasimov was part of a group of individuals who sought to travel to Syria to join ISIS or to fund others who sought to become foreign fighters for ISIS. The Department of Justice and our law enforcement partners will continue working relentlessly to protect our country from terrorists and those who would provide support to them.”
“Providing financial support to potential ISIS-inspired foreign fighters comes with a stiff penalty,” said Assistant Director in Charge Michael J. Driscoll of the FBI New York Field Office. “As Kasimov learned today, his actions will cost him 15 years behind bars. The FBI continues to make every effort to protect Americans at home and abroad and to bring other like-minded criminals to justice.”
Co-defendants Juraboev and Saidakahmetov were each sentenced to 15 years’ imprisonment, while co-defendant Azizjon Rakhmatov was sentenced to 12.5 years’ imprisonment. Habibov and co-defendant Akmal Zakirov are awaiting sentencing. A seventh co-conspirator, Dilshod Khusanov, who was charged in a separate indictment, pleaded guilty to conspiracy to provide material support to designated foreign terrorist organizations and is scheduled to be sentenced on July 5.
Assistant U.S. Attorneys Douglas M. Pravda, David K. Kessler and J. Matthew Haggans for the Eastern District of New York are prosecuting the case, with assistance provided by Trial Attorney Steven Ward of the National Security Division’s Counterterrorism Section.
The FBI investigated the case, with valuable assistance provided by the New York City Police Department.
Funcionarios del sector judicial de México y EE.UU. celebran el lanzamiento de las primeras Guías Judiciales de Conducción de Audiencias para el nuevo sistema de justicia penal acusatorio de MéxicoRead the Press Release
CIUDAD DE MÉXICO - El Poder Judicial de la Federación, el Poder Judicial de la Ciudad de México, el Poder Judicial del estado de Puebla y la Oficina Internacional para el Desarrollo, Asistencia y Capacitación (OPDAT) del Departamento de Justicia de los Estados Unidos, lanzaron sus Guías Judiciales de Conducción de Audiencias, las cuales están diseñadas para aumentar la economía judicial, disminuir el número de casos y estandarizar las prácticas judiciales en todo México. Con financiamiento de la Oficina de Asuntos Internacionales de Narcóticos y Aplicación de la Ley del Departamento de Estado (INL), este recurso servirá como una herramienta efectiva y práctica para los actores del sector judicial, incluyendo los jueces penales, fiscales y abogados defensores en todo el país.
Estas guías judiciales son las primeras diseñadas específicamente para el Sistema de Justicia Penal Acusatorio de México, que se terminó de implementar en 2016. Desarrollarán la capacidad nacional en el sistema y fomentarán la estandarización sostenible de las mejores prácticas. Con procedimientos estandarizados para audiencias penales gracias a las guías, los actores de la justicia penal establecerán de manera eficiente todos los elementos requeridos dentro de sus respectivas audiencias, lo que resultará en condenas más sólidas, menos apelaciones exitosas y una menor impunidad criminal.
Durante los últimos tres años, OPDAT, 25 jueces mexicanos y tres jueces colombianos con experiencia en guías judiciales, trabajaron incansablemente para redactar estándares para las Guías Judiciales mexicanas. Después, múltiples instituciones, incluidas la Fiscalía General de la República y el Instituto Federal de Defensoría Pública, participaron en la revisión de las Guías, lo que aseguró que el producto final sea un verdadero esfuerzo colaborativo de múltiples instituciones mexicanas.
Funcionarios de los poderes judiciales estatales y federal, las oficinas de los fiscales generales estatales y otras instituciones que ayudaron a crear y revisar las Guías asistieron al lanzamiento.
El Embajador de Estados Unidos en México, Ken Salazar, pronunció un discurso de apertura y declaró, “Como ex fiscal general estatal, sé cuán importantes pueden ser los manuales de consulta. Qué gran colaboración entre el gobierno de los Estados Unidos y todo tipo de funcionarios mexicanos. Esta es la Seguridad Compartida, de la que hablamos continuamente, en acción.”
En la inauguración también participó el ministro de la Suprema Corte de Justicia de la Nación, Alfredo Gutiérrez Ortiz Mena, quien expresó, “Estas guías no solo definen el carácter y momento de la participación, sino que sustenta estas participaciones en jurisprudencia para permitir planear su estrategia.”
Después de la difusión de las Guías, OPDAT y el Poder Judicial de la Federación implementarán un plan de monitoreo y evaluación para mostrar qué tan efectivas son las Guías para reducir la duración promedio de las audiencias y minimizar las demoras y apelaciones innecesarias.
Guías Judiciales
Fresno Man Pleads Guilty to EscapeRead the Press Release
FRESNO, Calif. —Joel Jose Rueda, 29, of Fresno, pleaded guilty today to escaping from the custody of the Bureau of Prisons, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Rueda had been serving a federal sentence for being a felon in possession of a firearm when he escaped from federal custody in December 2021. He was later arrested by Fresno police officers following a traffic stop on March 11, 2021. During the stop, he attempted to flee and resisted arrest. After pleading guilty in Fresno County Superior Court to resisting the officers’ arrest, he was brought to federal court to face an escape charge and quickly entered his guilty plea.
This case is the product of an investigation by the U.S. Marshals Service. Assistant U.S. Attorneys Justin Gilio and Karen Escobar are prosecuting the case.
Rueda is scheduled for sentencing before U.S. District Judge Jennifer L. Thurston on Sept. 9, 2022. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will 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.
Four New York Men Sentenced to Prison for Identity Theft SchemeRead the Press Release
BOISE – Four New York men were sentenced to federal prison for an identity theft scheme designed to obtain iPhones on Sprint customer accounts.
According to statements made in court, Winston Torres, 44, Edgar Rodriguez, 36, Andres Rodriguez, 59, and Kenneth DeJesus, 25, all of New York, conspired to commit wire fraud and identity theft by obtaining personal identification of real Sprint customers, and using such personal identification to obtain merchandise at Sprint stores, primarily iPhones, on the accounts of real Sprint customers. To execute their fraud scheme, the four defendants obtained multiple false identification cards displaying the photographs of the four defendants, but with the personal identifying information of real Sprint customers.
In March 2019, the four defendants travelled together from New York to Oregon and Idaho to execute their fraud scheme using the false identification. The defendants executed, or attempted to execute, their fraud scheme at Sprint stores in Lewiston, Idaho, Moscow, Idaho, Ontario, Oregon, Boise, Idaho, and Garden City, Idaho, resulting in thousands of dollars in loss. A subsequent search of their vehicle after arrest in Garden City revealed an additional 12 false identification cards displaying the photographs of the four defendants, but with the identification of real Sprint customers.
U.S. District Judge Scott W. Skavdahl, from the District of Wyoming, sitting by designation, sentenced Winston Torres and Edgar Rodriguez to 18 months prison and 12 months prison, respectively, and ordered both men to serve three years of supervised release following their prison sentences. Torres and Rodriguez both pleaded guilty to the charges on October 20, 2021.
Chief U.S. District Judge David C. Nye sentenced Andres Rodriguez to six months prison and ordered him to serve two years of supervised release following his prison sentence. Andres Rodriguez pleaded guilty to the charges on December 10, 2019.
Senior U.S. District Judge Bill R. Wilson, from the Eastern District of Arkansas, sitting by designation, sentenced Kenneth DeJesus to 12 months prison, and ordered him to serve three years of supervised release following his prison sentence. Kenneth DeJesus pleaded guilty to the charges on March 14, 2022.
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the U.S. Secret Service, Homeland Security Investigations, Boise Police Department, Garden City Police Department, Lewiston Police Department, and Ontario, Oregon Police Department, which led to the charges.
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Four Members and Associates of Reading Boarding House Sex Trafficking Gang “the Sevens” Convicted After Six-Week Trial in AllentownRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that four individuals from Reading, PA, were convicted at trial of offenses including conspiracy to participate in a racketeering enterprise; conspiracy to commit sex trafficking by force, fraud, and coercion of a minor; various violent crimes in aid of racketeering offenses including kidnapping and assaults with dangerous weapons; sex trafficking including of minors; and firearms offenses; all arising from their membership and association in a violent gang called “The Sevens,” which took control and operated out of a 50-room boarding house on South 4th Street in the City of Reading.
The individuals convicted at trial are:
- Shaquile Newson, 29;
- Alexander Malave, 31;
- Karvarise Person, 33;
- James Goode, 47.
In January 2020, fourteen defendants were charged by Superseding Indictment in connection with this case. The charges stemmed from a years’ long investigation by Homeland Security Investigations and the Reading Police Department into a racketeering conspiracy operating out of the boarding house as far back as December 2017 until roughly March 2019. Evidence presented at trial showed that multiple acts of violence in furtherance of the criminal enterprise were carried out as well as numerous acts involving the sex trafficking and attempted sex trafficking of women and minors. Victims were raped, shot, assaulted with batons, stabbed with a knife, and hit with a hammer. A minor was forced to have a sexual encounter with a gun held to her head. Sexually explicit photographs of a minor were also used to advertise the gang’s sex trafficking business. All fourteen people originally indicted have now been convicted of charges related to this case.
“The Sevens gang was a vicious and depraved group of sadistic thugs who clearly had no reservations about using and destroying human beings for their own greed,” said U.S. Attorney Williams. “Thanks to the hard work of the trial team and investigators, we have stopped this violence and the Sevens will no longer menace the streets of Reading. Our Office is committed to working with all of our federal, state, and local law enforcement partners to rid our District of the scourge of human trafficking and the trauma that it inflicts.”
“The defendants in this case committed truly heinous acts, treating living, breathing human beings like commodities for their own greed and profit. With this verdict, we hope the victims traumatized by The Sevens gang receive a measure of justice key to their healing,” said Homeland Security Investigations, Philadelphia Special Agent in Charge William S. Walker. “This investigation took years to conduct and the single-minded commitment of HSI special agents, Reading Police Department detectives and officers, and Assistant U.S. Attorneys in the Eastern District of Pennsylvania. HSI is grateful to our partners and will continue with our dedication to dismantle human trafficking operations and connect victims with services they need.”
The case was investigated by Homeland Security Investigations and the Reading Police Department, and is being prosecuted by Assistant United States Attorneys Sherri A. Stephan and Justin Ashenfelter.
Former Police Officer Sentenced to 20 Years for Sexual Relationship with Teen BoysRead the Press Release
A former police officer who sexually assaulted at least two teenage boys was sentenced this week to 20 years in federal prison, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Delia Ruiz, an 31-year-old former officer with the Friona Police Department, pleaded guilty to enticement of a minor in January. She was sentenced on Wednesday by U.S. District Judge Matthew J. Kacsmaryk.
In plea papers, Ms. Ruiz admitted that began having sexual intercourse with her 16-year-old victim, identified in court documents as John Doe 2, in fall 2020, and continued the relationship through spring 2021, when the boy turned 17.
She further admitted that she began having sexual intercourse with her 15-year-old victim, John Doe 1, in spring of 2021 after meeting him at John Doe 2’s home.
She sent the child flirtatious messages and arranged to meet him in a church parking lot for sex in her car on at least three occasions. She sent him sexually explicit photos and videos of herself and warned him not to tell anyone about what they did because she could get into “big trouble.”
She was arrested in October 2021 and later fired from the Fiona Police Department.
The Texas Rangers, Federal Bureau of Investigation’s Dallas Field Office – Lubbock Resident Agency, and the Amarillo Police Department conducted the investigation with the complete cooperation of the Fiona Police Department. Assistant U.S. Attorney Callie Woolam prosecuted the case with the help of Assistant U.S. Attorney Meredith Pinkham.
Former Honolulu Police Officer Indicted and Arrested for Child Sex OffensesRead the Press Release
HONOLULU – Mason Jordan, age 31, appeared in federal court in Albuquerque, New Mexico, today after his arrest there yesterday on charges of sexual exploitation of a child, coercion and enticement of a minor to engage in prostitution, sex trafficking of a child, and cyberstalking. On May 26, 2022, a Honolulu federal grand jury returned the eight-count indictment against Jordan, which was unsealed after his arrest.
According to the indictment and information presented to the court, Jordan—while an officer of the Honolulu Police Department—took sexually explicit photographs of a child in 2017 and used a hidden camera to record sexually explicit videos of that same child on two occasions in 2016. Jordan is also alleged to have impersonated that child, using social media, to recruit other local children to work for him as underage prostitutes in 2020. Jordan allegedly met up with some of those children for commercial sex acts in 2020. Jordan also allegedly “sextorted” a woman he encountered in connection with his duties as a police officer, using underage photographs he obtained of that woman.
If convicted of the charges, Jordan faces a mandatory minimum of 15 years in prison and up to 30 years on three counts of sexual exploitation, a mandatory minimum of ten years and up to life on two counts of coercion and enticement and two counts of sex trafficking, and up to five years in prison for cyberstalking. An indictment is merely an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
“The sexual exploitation of children is among the most reprehensible crimes we prosecute and deservedly carries severe criminal penalties,” said Clare E. Connors, U.S. Attorney for the District of Hawaii. “When, as here, the perpetrator is a law enforcement officer sworn to protect the community’s most vulnerable members, including our children, the crime is that much more egregious.”
“Homeland Security Investigations (HSI) is committed to protecting our keiki by investigating those who intend to do them harm,” says Special Agent in Charge John F. Tobon. “As a former Honolulu Police Officer, Mr. Jordan is well aware of the seriousness of the charges he faces. We look forward to the legal process playing out in court. If anyone has any additional information related to this case, we ask they call us at 808-532-3753.”
“Sexual predators who prey on the most vulnerable members of our society will be identified, investigated, and prosecuted to the fullest extent of the law,” said Federal Bureau of Investigation (FBI) Special Agent in Charge Steven Merrill. “The fact that Jordan was an active duty police officer - sworn to protect the public - makes this case particularly appalling. This arrest demonstrates the importance of the FBI’s commitment to work closely with our partners to investigate cases such as this with a sense of urgency to protect our keiki."
This case was the result of a joint investigation by Homeland Security Investigations and the Federal Bureau of Investigation, with the assistance of the Honolulu Police Department. Assistant U.S. Attorneys Wayne A. Myers and Christine Olson are handling the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section of the Department of Justice’s Criminal Division, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Carpenters’ Benefit Plan Administrator Admits Embezzling $140,000Read the Press Release
NEWARK, N.J. – The former administrative manager of a carpenters’ union pension fund today admitted embezzling approximately $140,000 and making false statements on a required report to the U.S. Department of Labor (DOL), U.S. Attorney Philip R. Sellinger announced today.
George R. Laufenberg, 72, of Wall Township, New Jersey, pleaded guilty before U.S. District Judge Kevin R. McNulty in Newark federal court to two counts of an indictment charging him with embezzling approximately $140,000 in pension benefits (Count One) and making false statements to the DOL (Count Five).
According to documents filed in this case and statements made in court:
Laufenberg was the administrative manager of the Northeast Carpenters Pension Fund, which was subject to the Employee Retirement Income Security Act (ERISA). Laufenberg was a fiduciary and participant in the pension fund. He admitted stealing $140,000 that was paid to him under a deferred compensation agreement to which he was not entitled. Laufenberg also admitted that he made false statements in a form required under ERISA that he filed to the Department of Labor on behalf of the pension fund.
The maximum penalty for each count is five years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 6, 2022.
U.S. Attorney Sellinger credited special agents of the DOL Employee Benefit Security Administration, under the supervision of Thomas Licetti, Regional Director; special agents of the DOL Office of the Inspector General, under the supervision of Special Agent in Charge Jonathan Mellone; and agents of the Port Authority of New York/New Jersey, under the supervision of Inspector General John Gay, with the investigation leading to today’s guilty plea.
The government is represented by Senior Litigation Counsel V. Grady O’Malley of the Organized Crime/Gangs Unit, and Assistant U.S. Attorney Kendall R. Randolph of the Organized Crime and Drug Enforcement Task Force Unit.
Forged hours lands federal agent in custodyRead the Press Release
LAREDO, Texas – A 45-year-old Customs and Border Protection (CBP) supervisor has been charged with stealing money from the U.S. government, announced U.S. Attorney Jennifer B. Lowery.
Alfonso Gonzalez, Laredo, is expected to make his initial appearance before U.S. Magistrate Judge Diana Song Quiroga at 1:30 p.m. Monday, June 6.
A federal grand jury returned the one-count indictment June 1, which was unsealed today upon his arrest.
Gonzalez is a Supervisory CBP Officer, according to the charges. On multiple occasions between Sept. 27, 2020, and Sept. 27, 2021, he allegedly falsified hours on his timesheet. The indictment alleges he falsely recorded additional night and weekend hours when he did not actually report to work. On some of those occasions, he actually traveled to Mexico when he claimed to be at work, according to the allegations.
Further, Gonzalez allegedly fabricated excuses to justify his overtime hours.
As a result, Gonzalez allegedly stole approximately $6,497.52 from the U.S. government, according to charges.
If convicted, he faces up to 10 years in prison and a possible $250,000 maximum fine.
CBP - Office of Professional Responsibility conducted the investigation. Assistant U.S. Attorney Matthew Isaac is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Farrell, PA Felon Pleads Guilty to Illegally Possessing Firearms and AmmunitionRead the Press Release
PITTSBURGH, PA - A resident of Farrell, Pennsylvania, pleaded guilty in federal court to a charge of possession of a firearm and ammunition by a convicted felon, United States Attorney Cindy K. Chung announced today.
Darwin Lamel Green, 39, pleaded guilty to one count before United States District Judge Robert J. Colville.
In connection with the guilty plea, the court was advised that on July 30, 2019, law enforcement executed a search warrant on Green’s residence and recovered a Spikes Tactical Crusader semi-automatic rifle, Ruger semi-automatic pistol, ammunition, and magazines. The court was further advised that Green had been convicted in October 2013 of possession with intent to deliver a controlled substance, a felony that prohibited him from possessing a firearm or ammunition.
Judge Colville scheduled sentencing for Sept. 29, 2022. The law provides for a maximum total sentence of 10 years’ imprisonment, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorneys Brendan Conway and David Lew are prosecuting this case on behalf of the government.
The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and Pennsylvania Office of Attorney General conducted the investigation leading to the prosecution on Green.
Federal Jury Finds Two California Men Guilty on Firearm Trafficking ChargesRead the Press Release
United States Attorney Bob Murray announced today that DARWIN THOMAS, age 34, and PHILLIP FLORES, age 37, both of Los Angeles, California, were found guilty by a federal jury of conspiracy to transfer firearms to an out-of-state resident and to provide false statements during the purchase of firearms. In addition, Thomas was convicted of six counts aiding and abetting making a false statement during the purchase of a firearm. Flores was convicted of one count on the same charge.
The trial began May 9 and ended on May 16, 2022, before Federal District Court Judge Alan B. Johnson in Cheyenne, Wyoming. Both men are scheduled to be sentenced on August 4, 2022.
This crime was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation; United States Postal Inspection Service; Wyoming Highway Patrol; Laramie, Wyoming Police Department; Inglewood, California Police Department; and the Los Angeles, California Police Department. Assistant United States Attorney Timothy J. Forwood and Jonathan C. Coppom prosecuted the case.
Case Number: 0:21-cr-00062-ABJ
FCA US LLC Enters Guilty Plea to Fraud ConspiracyRead the Press Release
FCA US LLC (FCA US), formerly Chrysler Group LLC, pleaded guilty to one criminal felony count and has agreed to pay approximately $300 million in criminal penalties as a result of the company’s conspiracy to defraud U.S. regulators and customers by making false and misleading representations about the design, calibration, and function of the emissions control systems on more than 100,000 Model Year 2014, 2015, and 2016 Jeep Grand Cherokee and Ram 1500 diesel vehicles, and about these vehicles’ emission of pollutants, fuel efficiency, and compliance with U.S. emissions standards.
FCA US entered a guilty plea to a criminal information charging the company with one count of conspiracy to defraud the United States, commit wire fraud, and violate the Clean Air Act. Pursuant to the plea agreement, FCA US has agreed to pay a criminal fine of $96,145,784 and to forfeit $203,572,892.
“FCA US engaged in a multi-year scheme to mislead U.S. regulators and customers,” said Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division. “Today’s guilty plea demonstrates the department’s dedication to prosecuting all types of corporate malfeasance and holding accountable companies that seek to place profits above candor, good corporate governance, and timely remediation.”
“We expect all corporations to deal with regulators and the public openly and honestly,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “Unfortunately, one of our district’s biggest corporations fell far short of that standard, resulting in today’s guilty plea. My office is committed to holding accountable anyone who engages in fraud and deceit that violates federal law, from an individual to one of the world’s largest automakers.”
“FCA’s attempts to circumvent pollution standards undermine the laws in place to protect human health, the environment, and consumers,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Today’s actions reflect the Justice Department’s continued and steadfast commitment to enforcing the Clean Air Act and holding individuals and companies accountable for corporate wrongdoing.”
“FCA’s engagement in this criminal scheme deceived both their regulators and consumers,” said Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division. “These regulations have been put in place to protect the health and wellbeing of our citizens and environment. This guilty plea reflects the commitment of the FBI and our local, state, and federal partners to investigate and bring to justice those who engage in fraudulent and harmful practices.”
“Emissions testing is an important requirement of the Clean Air Act because it protects our nation’s air quality,” said Acting Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “Today’s guilty plea demonstrates EPA’s commitment to hold companies like Fiat Chrysler accountable for violating environmental regulations that protect public health and the environment.”
According to the company’s admissions and court documents, beginning at least as early as 2010, FCA US developed a new 3.0-liter diesel engine for use in FCA US’s Jeep Grand Cherokee and Ram 1500 vehicles (the Subject Vehicles) that would be sold in the United States. FCA US designed a specific marketing campaign to market these vehicles to U.S. customers as “clean EcoDiesel” vehicles with best-in-class fuel efficiency. However, according to court documents, FCA US installed software features in the Subject Vehicles and engaged in other deceptive and fraudulent conduct intended to avoid regulatory scrutiny and fraudulently help the Subject Vehicles meet the required emissions standards, while maintaining features that would make them more attractive to consumers, including with respect to fuel efficiency, service intervals, and performance.
Specifically, FCA US purposely calibrated the emissions control systems on the Subject Vehicles to produce less NOx emissions during the federal test procedures, or driving “cycles,” than when the Subject Vehicles were being driven by FCA US’s customers under normal driving conditions. FCA US then engaged in deceptive and fraudulent conduct to conceal the emissions impact and function of the emissions control systems from its U.S. regulators and U.S. customers by (a) submitting false and misleading applications to U.S. regulators to receive authorization to sell the vehicles, (b) making false and misleading representations to U.S. regulators both in person and in response to written requests for information, and (c) making false and misleading representations to consumers about the Subject Vehicles in advertisements and in window labels, including that the Subject Vehicles complied with U.S. emissions requirements, had best-in-class fuel efficiency as measured by EPA testing, and were equipped with “clean EcoDiesel engine[s]” that reduced emissions.
For example, FCA US referred to the manner in which it manipulated one method of emissions control as “cycle detection” and “cycle beating.” Without the “cycle beating” use of this emissions control software, the Subject Vehicles were unable to pass the emissions portions of the federal test procedures while also receiving a fuel efficiency rating that could be marketed to FCA US’s potential customers as “best-in-class,” consistent with FCA US’s 3.0-liter diesel program’s goals, timing, and marketing strategy. Because FCA US knew that the decision to calibrate the emissions control system used on the Subject Vehicles to perform differently “on cycle” versus “off cycle” would be subjected to significant scrutiny by U.S. regulators, FCA US made false and misleading representations to regulators to ensure that it obtained regulatory approval to sell the Subject Vehicles in the United States.
Under the terms of the guilty plea, which remains subject to court approval, FCA US has agreed to continue to cooperate with the Department of Justice in any ongoing or future criminal investigations relating to this conduct. In addition, as part of the guilty plea, FCA US has also agreed to continue to implement a compliance and ethics program designed to prevent and detect fraudulent conduct throughout its operations and will report to the department regarding remediation, implementation, and testing of its compliance program and internal controls.
The government reached this agreement with FCA US based on several factors including, among others, the nature and seriousness of the offense conduct, the company’s failure to voluntarily and timely disclose the conduct that triggered the investigation, and its failure to conduct sufficiently timely or appropriate remedial action. FCA US received credit for cooperation with the department’s investigation and has enhanced, and committed to enhance, its compliance program and internal controls.
Sentencing is scheduled for July 18.
In the related criminal prosecution, three FCA employees, Emanuele Palma, Sergio Pasini, and Gianluca Sabbioni were indicted for conspiracy to defraud the United States and to violate the Clean Air Act and six counts of violating the Clean Air Act. They await trial. An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and EPA’s Criminal Investigations Division are investigating the case.
Trial Attorneys Jason M. Covert, Kyle W. Maurer, Michael P. McCarthy, and Assistant Chief Michael T. O’Neill of the Criminal Division’s Fraud Section; White Collar Unit Chief John K. Neal and Assistant U.S. Attorney Timothy J. Wyse of the U.S. Attorney’s Office for the Eastern District of Michigan; and Senior Trial Attorney Todd W. Gleason of the Environment and Natural Resources Division’s Environmental Crimes Section are prosecuting the case.
The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing [email protected]. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas. If you believe you are a victim of the conduct described in the plea agreement and criminal information, please visit https://www.justice.gov/criminal-vns/united-states-v-FCA.
Enterprise Man Sentenced for Receiving Methamphetamine Through the MailRead the Press Release
Montgomery, Alabama – On Thursday, June 2, 2022, Eric Michael Caylor, a 40-year-old man from Enterprise, Alabama, was sentenced to 15 months in prison for attempting to possess with the intent to distribute methamphetamine, announced United States Attorney Sandra J. Stewart. Following his prison sentence, Caylor will be on supervised release for three years. There is no parole in the federal system.
According to Caylor’s plea agreement and other court records, in early 2019, Postal Inspectors noticed that Caylor was receiving suspicious packages through the mail. Further investigation revealed that Caylor was ordering controlled substances on the dark web and paying for them using Bitcoin. During Caylor’s plea hearing in February of 2022, he specifically admitted that, on May 2, 2019, he attempted to possess a package that he knew contained methamphetamine. Caylor also admitted to previously receiving packages containing controlled substances and sharing or trading the drugs with others.
This case was investigated by the United States Postal Inspection Service, with assistance from the Alabama Law Enforcement Agency and the Coffee County Sheriff’s Office. Assistant United States Attorney Russell T. Duraski prosecuted the case.
Drug Dealer Sentenced to 25 Years for Distributing Fentanyl Resulting in an Overdose DeathRead the Press Release
Assistant U. S. Attorneys Kareem A. Salem (619) 546-8904 and Larry Casper (619) 546-6734
NEWS RELEASE SUMMARY – June 3, 2022
SAN DIEGO – Drug dealer Arnold Ray Walters III of San Diego was sentenced in federal court today to 25 years in prison for unlawfully possessing firearms and distributing fentanyl that resulted in the overdose death of a 24-year-old Poway man on January 1, 2017.
According to his plea agreement, Walters admitted that, on or about December 31, 2016, he knowingly provided a pressed-blue pill containing fentanyl to another individual and understood that it would, in turn, be provided to the victim. Walters also admitted he was aware of the potentially lethal impact of the fentanyl based on his knowledge of other individuals accidentally overdosing on fentanyl.
At today’s sentencing hearing, U.S. District Judge Janis L. Sammartino noted, “This was truly a tragic case.”
Walters, who has a history of drug-sales convictions and firearm offenses, admitted that he sold fentanyl despite knowing the perils associated with the drug. Walters was also found in unlawful possession of several firearms including an AR-15 style semi-automatic rifle.
“This is a sentence that reflects the tragic and senseless loss of a young life,” said U.S. Attorney Randy Grossman. “Dealers take note, you will pay a high price for your greedy, reckless actions which are destroying lives, families and communities. Our prosecutors and law enforcement officials are working hard to prevent more deaths and seek justice for victims.” Grossman thanked the prosecution team as well as officials from the San Diego Sheriff’s Department and Homeland Security Investigations for their excellent work on this case.
“This significant sentence should send a strong message that HSI takes very seriously its mission of ensuring public safety,” said HSI San Diego Special Agent in Charge Chad Plantz. “HSI will continue to work with our federal, state, and local law enforcement partners to relentlessly investigate and bring to justice those who introduce dangerous narcotics into our communities.”
For those who suffer from addiction, please know there is help. Call the crisis line at 888-724-7240; it’s always open.
DEFENDANT Case Numbers 19-CR-4406-JLS; 18-CR-2185-JLS
Arnold Ray Walters III Age: 34 San Diego
SUMMARY OF CHARGES
Felon in Possession of Firearm – Title 18, U.S.C., Section 922(g)(1)
Distribution of Fentanyl Resulting in Death – Title 21, U.S.C., Section 841(b)(1)(c)
Maximum penalty: Mandatory minimum 20 years in prison up to life
AGENCY
San Diego Sheriff’s Department
U.S. Homeland Security Investigations
Dodge County Man Sentenced to Prison for Impersonating a Federal Officer and Illegal Possession of FirearmsRead the Press Release
ST. PAUL, Minn. – A Dodge County man was sentenced to 72 months in prison, followed by three years of supervised release, for impersonating a federal officer and illegally possessing firearms as a felon, announced United States Attorney Andrew M. Luger.
According to court documents, on August 17, 2021, the FBI received a tip that Reyel Devon Simmons, 53, was pretending to be a federal agent with the United States Department of Homeland Security. As part of his impersonation scheme, Simmons established a TikTok profile, using the false name “Rey Reeves,” and regularly held himself out as a federal agent on social media. Simmons, who had nearly 10,000 followers on TikTok, used a profile photo that showed him wearing law enforcement gear and made several posts displaying law enforcement equipment, badges, and firearms, and referring explicitly and implicitly to himself as a federal agent. At no time has Simmons ever been employed by the United States Department of Homeland Security. Similarly, Simmons has never been a sworn law enforcement officer with any federal, state, or local agency, nor has he ever had the authority to act on behalf of any federal agency or department.
According to court documents, Simmons regularly carried a backpack, which he described as his “go bag.” The bag bore the departmental emblem of the Department of Homeland Security and contained a Glock handgun, fake Department of Homeland Security badge, and other items related to Simmons’s supposed service in law enforcement and the military. Law enforcement seized from Simmons’s residence eight firearms, including handguns and rifles, some of which were discovered in a “safe room” or bunker that could be accessed only through a hidden doorway located in a storage area of the basement. In addition, Simmons admitted to possessing unregistered silencers/suppressors, detonating cord containing the explosive pentaerythritol tetranitrate (PETN), a blasting cap, thousands of rounds of ammunition, body armor with law enforcement emblems affixed to it, and other law enforcement style badges, clothing, bags, and identification documents.
Because Simmons has a prior felony conviction in Colorado, he is prohibited under federal law, from possessing firearms, ammunition, or explosives at any time.
Simmons was sentenced yesterday by U.S. District Judge Eric C. Tostrud. On January 21, 2022, Simmons pleaded guilty to one count of impersonating an officer of the United States and one count of possessing firearms as a felon.
This case was the result of an investigation conducted by the FBI, ATF, Dodge County Sheriff’s Office, Owatonna Police Department, Kasson Police Department, and the Bloomington Police Department Bomb Squad, with assistance from Homeland Security Investigations.
Assistant U.S. Attorney Alexander D. Chiquoine prosecuted the case.
Delaware Man Convicted of Sex Trafficking Children Sentenced to over Two Decades in PrisonRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Anthony Jones, 38, of Wilmington, DE, was sentenced to 21 years in prison, 10 years of supervised release, and was ordered to pay $15,160 in restitution to his victims by United States District Court Judge Nitza I. Quiñones Alejandro for his role in a sex trafficking ring that victimized vulnerable children and young women throughout the mid-Atlantic.
In April 2019, following a two-week trial, the defendant was found guilty of conspiracy to engage in sex trafficking by force, fraud, and coercion and three counts of sex trafficking of minors by force, fraud, and coercion.
The evidence at trial showed that Anthony Jones helped manage the sex trafficking enterprise led by co-defendant Dkyle Bridges. The multi-year sex trafficking conspiracy preyed on teenage girls and young women looking for a home and support. Once lured into the trafficking circle, the victims were compelled to engage in commercial sex acts in southeastern Pennsylvania, Delaware, and elsewhere, for the co-defendants’ financial benefit. Co-defendant Bridges used violent and coercive tactics to force the victims to remain in his sex trafficking operation – including pouring water on them to keep them awake, choking them, and assaulting them. Defendant Anthony Jones, and his co-defendant and brother Kristian Jones, helped Bridges run the ring by handling logistics including providing security, collecting money, and reserving hotel rooms.
The investigation began in November 2016, when a Tinicum Township police officer stopped a vehicle that had recently left a hotel known to be frequented by individuals engaged in prostitution. The driver admitted to the officer that he had just met a prostitute at the hotel and had arranged the “date” through a website called Backpage.com. Law enforcement went to the room that the customer had visited, and discovered Kristian Jones, two minor girls, condoms, and cell phones containing communications with Bridges about the sex trafficking conspiracy. The room had been rented by Anthony Jones.
Bridges and Kristian Jones were also convicted after trial for their roles in this sex trafficking conspiracy and both were sentenced last year. Bridges was sentenced to 35 years in prison; and Kristian Jones was sentenced to 20 years in prison.
“Anthony Jones and his coconspirators used the bodies of children for their own financial benefit,” said U.S. Attorney Williams. “This sentence of 21 years and the decades-long sentences handed down to his codefendants reflect the seriousness with which the federal justice system will treat defendants convicted of sex trafficking offenses. We will continue to work collectively to investigate and prosecute these destructive crimes committed against some of the most vulnerable members of our community.”
“Anthony Jones and his co-defendants sexually exploited women and girls for profit, across multiple years and state lines,” said Jacqueline Maguire, Special Agent in Charge of the FBI's Philadelphia Division. “All have now been brought to justice and received lengthy prison sentences, which we hope will bring their victims some comfort. The FBI and our partners are working every day to shut down these predatory sex traffickers who see vulnerable human beings as little more than walking dollar signs. If you’re being victimized, or know of someone being trafficked, please reach out to us at 215-418-4000 or tips.fbi.gov. You can do so anonymously if you like.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by Federal Bureau of Investigation – Philadelphia with assistance from the Tinicum Township Police Department; Newark, Delaware Police Department; Delaware State Police; Delaware River Bay Authority; and Philadelphia Police Department; and was prosecuted by Assistant United States Attorney Priya T. De Souza and Department of Justice Trial Attorney with the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) Jessica L. Urban.
Delano Resident Pleads Guilty to Unlawfully Possessing FirearmRead the Press Release
FRESNO, Calif. — Francisco Javier Melgoza, 41, a Delano resident, pleaded guilty today to being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 25, 2021, a police officer encountered Melgoza driving a motorcycle in Shafter and discovered that Melgoza possessed a Polymer P80 9 mm handgun loaded with five rounds of ammunition, a 31-round high-capacity 9 mm magazine, and 16 grams of methamphetamine. Melgoza is prohibited from possessing ammunition because he has five prior felony convictions, including for grand theft auto, vehicle theft, possession of a controlled substance for sale, and two convictions for being a felon in possession of a firearm.
This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Shafter Police Department. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
Melgoza is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Sept. 9, 2022. Melgoza faces a maximum term of 10 years in prison and a $250,000 fine. The actual sentence, however, will 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.
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.
Defendants Plead Guilty in Cedar Rapids Heroin Wiretap InvestigationRead the Press Release
Two men who conspired to distribute heroin in Cedar Rapids pled guilty on June 2, 2022, in federal court in Cedar Rapids.
Thomas Nathaniel May, age 27, from Iowa City, Iowa, and Demico Demon Irvin, age 30, from Chicago, Illinois, were each convicted of one count of conspiring to distribute heroin. May admitted to conspiring to distribute more than 100 grams of heroin.
Evidence at a prior hearing showed that, during an early 2021 wiretap investigation involving a large-scale heroin distributor in Cedar Rapids named Brian Dennis, May was identified as one of the top callers to Dennis’s phone. May was typically purchasing at least 3.5 grams of heroin and upwards of 10.5 grams of heroin per day from Dennis and his associates, totaling well over 100 grams in a six-week period. In April 2021, May was arrested after meeting with Dennis and found in possession of 7.39 grams of a substance containing heroin, fentanyl, and synthetic opioids acetyl fentanyl, parafluorofentanyl and metonitazene.
In a plea agreement, Irvin admitted that he conspired to distribute heroin with Dennis and others. Irvin admitted that he obtained heroin from Dennis, which he then sold to various customers for multiple months in 2020. In September 2020, Irvin’s apartment and vehicle were searched by Cedar Rapids police. Irvin was found in possession of 32 baggies of purported heroin packaged for sale. The substance was later determined to weigh 14.86 grams and found to contain fentanyl, and not heroin. Irvin admitted to selling between 80 and 100 grams of heroin for Dennis.
Four other individuals, Cody Scott Deklotz, Andrew James Lehman, Jerry Dwayne Banghart, and Melinda Salvatora Werning, previously pled guilty to the heroin conspiracy and are awaiting sentencing. Ryan Rick Schlitter was sentenced to 46 months’ imprisonment for his role in the conspiracy. Four other individuals charged in the same indictment, including Dennis, are still pending trial.
Sentencings before United States District Court Judge C.J. Williams will be set after presentence reports are prepared. May and Irvin remain in custody of the United States Marshal pending sentencing. May faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, and a lifetime term of supervised release following any imprisonment. Irvin faces a possible maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, and a lifetime term of imprisonment following any imprisonment.
The case was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement, and is being prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21‑CR‑32‑CJW.
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Cumberland County Man to Pay $900,000 for Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rodney L. Yentzer, of Cumberland County, has agreed to pay the United States $900,000 to resolve civil liability for alleged violations of the False Claims Act.
According to United States Attorney, John C. Gurganus, between 2017 and 2019, Yentzer, through a group of pain clinics he controlled known as Pain Medicine of York (PMY), caused the submission of false claims for payment to Medicare. Those claims were for presumptive and definitive Urine Drug Tests (UDTs) that were not medically reasonable or necessary and were not used to aid in the diagnosis and treatment of patients.
Additionally, Yentzer agreed to be excluded from all Federal health care programs for 22 years. Yentzer’s exclusion means that no Federal health care program payment may be made, either directly or indirectly, for any items or services furnished by Yentzer or at the direction or on the prescription of Yentzer.
“Civil enforcement is an important tool to recover funds when providers cause improper claims to the Medicare program,” said Maureen Dixon, Special Agent in Charge for the U.S. Department of Health and Human Services, Office of the Inspector General. “HHS-OIG will continue to work with the U.S. Attorney’s Office to ensure the integrity of the Medicare Trust Fund.”
In March of 2022, in a related matter, Yentzer pleaded guilty to Health Care Fraud, Money Laundering, and Theft of Public Money for defrauding Medicare, Medicaid, and the U.S. Department of Health and Human Services between 2016 and 2020. Yentzer is awaiting sentencing. The news release can be found here: https://www.justice.gov/usao-mdpa/pr/cumberland-county-man-pleads-guilty-health-care-fraud-money-laundering-and-theft-public
This matter was investigated by the U.S. Department of Health and Human Services Office of Inspector General. The civil investigation was handled by Assistant United States Attorney, Tamara Haken, and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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Convicted Sex Offender Indicted on Federal Child Exploitation ChargesRead the Press Release
HUNTSVILLE, Ala. – A federal grand jury last week indicted a Madison County man on multiple child sexual exploitation charges, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
A four-count indictment filed in the U.S. District Court charges Kevin Alexander Guerrero-Beltran, 32, with advertising, transportation, distribution, and possession of child pornography.
According to the indictment, Guerrero-Beltran was previously convicted in the Circuit Court for Marshall County for traveling to meet a child for sex in Alabama. With that prior conviction, the advertisement of child pornography charge carries a statutory imprisonment range of 25 to 50 years.
FBI Birmingham’s Child Exploitation and Human Trafficking Task Force (CEHTTF), FBI Phoenix Division, U.S. Immigration and Customs Enforcement Homeland Security Investigations (HSI), Alabama Law Enforcement Agency (ALEA), Huntsville Police Department, Madison County Sheriff’s Office, and Georgia Bureau of Investigation participated in this investigation. Assistant U.S. Attorney R. Leann White is prosecuting the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Sentenced for Illegally Possessing a FirearmRead the Press Release
MONROE, La. - United States Attorney Brandon B. Brown announced that Joshua Ray Webb McGee, 34, of Olla, Louisiana, was sentenced yesterday by United States District Judge Terry A. Doughty to a total of 60 months in prison, followed by 5 years of supervised release. McGee was sentenced to 46 months for possession of firearm by convicted felon and an additional 14 months for violating the terms of his supervised release. McGee was previously convicted of conspiracy to commit bank robbery in the Eastern District of Arkansas and was sentenced to 46 months in prison on November 14, 2018.
On July 27, 2021, a concerned motorist called 911 to report a motor vehicle accident in LaSalle Parish. When law enforcement arrived, the motorist told officers what had transpired. He explained that as he was traveling near a sharp curve in the road a blue SUV came around the curve traveling at a high rate of speed. This caused him to make an abrupt turn into the opposite lane to avoid a head-on collision and the other vehicle traveled off the roadway and hit a tree and went into the drainage ditch. The motorist turned around and went back to the accident site to check on the erratic driver. As he drove back up to the accident site, he saw the man, later determined to be McGee, walking in front of the car on the highway. He asked if the man was okay, and he said yes but asked the motorist not to call it in because he had just gotten out of jail and did not want any trouble. The motorist offered to let the man sit in his vehicle as it began to rain, and McGee asked if he could get his gun and the motorist told him no. The motorist then watched McGee throw a long black gun into the woods nearby. He then told McGee that he had already called 911 and McGee then fled into the woods. Officers found paperwork in the vehicle with McGee’s name on it and were able to recover the firearm from the wooded area where McGee had thrown it. A few days later, the motorist was able to positively identify McGee as the sole occupant and driver of the vehicle and who he had seen with the firearm. McGee was charged with one count of being a convicted felon in possession of a firearm.
The case was investigated by the ATF and LaSalle Parish Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Cytheria D. Jernigan.
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Collin County Man Sentenced in Oil & Gas Investment Fraud SchemeRead the Press Release
PLANO, Texas – A Melissa man has been sentenced to prison in the Eastern District of Texas for federal violations, announced U.S. Attorney Brit Featherston today.
Matthew Wayne Fox, 47, pleaded guilty on March 9, 2020 to wire fraud and was sentenced to 33 months in federal prison today by U.S. District Judge Sean D. Jordan. Fox was also ordered to pay restitution in the amount of $862,150.
According to information presented in court, beginning in 2015, Fox formed Wayne Energy, a company that was to specialize in the oil and gas exploration fields. Fox previously was the CEO of a business named Frisco Exploration, that went out of business. From March 2015 through October 2016, Fox raised approximately $949,650 from investors to form a joint venture to convert an oil well to a natural gas well in Upshur County, Texas. Fox solicited the funds through various literature and emails sent to potential investors.
The emails Fox sent contained several misrepresentations about the joint venture such as ownership of the well, the cost of converting the well, the production of a similar well, and actual work done on site. Further misrepresentations included that Wayne Energy was a licensed operator with the State of Texas Railroad Commission. Following the initial investment Fox continued to send emails with misrepresentations about work done on the site in order to solicit more money. An investigation by the SEC showed the majority of money raised by investors was used for the Fox family personal use.
The SEC launched an investigation into Fox following complaints about the investments in the natural gas well. The SEC obtained a judgment in 2018 against Fox for his conduct in soliciting investors. The SEC referred the case to the Federal Bureau of Investigations, who launched a criminal investigation resulting in the indictment.
This case was investigated by the Federal Bureau of Investigation and the Securities Exchange Commission and prosecuted by Assistant U.S. Attorney William R. Tatum.
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Brockton Man Pleads Guilty to Role in Dark Web Drug Trafficking OperationRead the Press Release
BOSTON – A Brockton man pleaded guilty yesterday in federal court in Boston to his role in a highly sophisticated drug trafficking operation that manufactured and distributed a multitude of controlled substances using the Dark Web.
Allante Pires, 25, pleaded guilty to conspiracy to manufacture, distribute and possess with intent to distribute MDMA, commonly known as ecstasy, Ketamine and Alprazolam (Xanax). U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Sept. 8, 2022.
Pires was indicted in June 2019 along with co-conspirators Binh Thanh Le and Steven McCall. Le, who was the ringleader of the drug-trafficking operation, created and operated a vendor site called “EastSideHigh” in markets on the Dark Network, more commonly known as the Dark Web. The Dark Web is any portion of the internet that can only be accessed with specific software, configurations or authorization that anonymize internet traffic. Le used these Dark Web markets to advertise various drugs for sale, including cocaine, MDMA, Ketamine and Xanax. Le ordered and received wholesale quantities of the drugs he and the others were distributing in the mail, principally from foreign sources in Canada and Europe. Le, Pires and, allegedly, McCall then processed and manufactured those controlled substances at an office space Le rented in Stoughton. After receiving the orders and payment via Bitcoin, the men mailed the drugs to customers throughout the United States.
Over 19 kilograms of MDMA, almost seven kilograms of Ketamine, nearly one kilogram of cocaine and more than 10,000 counterfeit Xanax pills were seized by authorities during the investigation. Investigators also recovered a computer with the “EastSideHigh” vendor page open, numerous packages containing MDMA and Ketamine, various shipping and packaging materials and a pill press from the office space in Stoughton.
On March 10, 2022, Le was sentenced to eight years in prison and three years of supervised release. Le was also ordered to forfeit more than 59 Bitcoin (currently worth in excess of $1.7 million), $114,680 in cash, $42,390 representing the proceeds from the sale of a 2018 BMW M3, along with other items including a pill press and currency counter. A plea hearing for McCall, the last remaining defendant, is scheduled for June 28, 2022.
United States Attorney Rachael S. Rollins; Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service’s Boston Division; Matthew B. Millhollin, Special Agent in Charge for the Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Norfolk County District Attorney Michael W. Morrissey; and Jennifer De La O, Director of Field Operations of U.S. Customs and Border Protection, Boston Field Office, made the announcement. Special assistance with the investigation was provided by the Homeland Security Investigations in Colorado; Postal Inspectors from around the country; and the Stoughton, Norwood and Brockton Police Departments. Assistant U.S. Attorney James E. Arnold of Rollins’ Narcotics & Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Indicted for Bank RobberyRead the Press Release
BOSTON – A Boston man has been indicted by a federal grand jury in connection with the robbery of a TD Bank branch in Cambridge.
Jamall Copeland, 49, was indicted on one count of bank robbery. He will appear in federal court in Boston at a later date. Copeland was previously charged by criminal complaint on May 5, 2022.
According to the charging documents, on April 27, 2022, an unknown male – later identified as Copeland – entered the TD Bank located at 1270 Massachusetts Avenue in Cambridge at approximately 1:45 p.m. and allegedly handed the teller a demand note that stated, “Give up all Hundreds! AN 50's Robbery!” Copeland obtained $1,455 in cash and fled the scene. Following the robbery, law enforcement lifted a fingerprint from the demand note that allegedly matched the known fingerprint of Copeland.
According to the charging documents, Copeland was released from state prison in December 2021 and has a criminal history including charges related to murder, kidnapping, drug and firearms offenses, armed robbery and assault with intent to murder.
The charge of bank robbery provides for a sentence of up to 20 years in prison, up to five years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Cambridge Police Chief Christine Elow made the announcement today. Assistant U.S. Attorney David G. Tobin of Rollins’ Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bennington Man Charged with Federal Drug and Gun OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Deven Moffitt, 32, of Bennington, Vermont, was charged today by criminal complaint with three federal felonies: possession with intent to distribute controlled substances; possession of a firearm having previously been convicted of a crime punishable by a prison term of more than a year; and possessing a firearm in furtherance of a drug trafficking crime.
According to the affidavit accompanying the criminal complaint, on Wednesday, June 1, Moffitt fled as police tried to arrest him in connection with his prosecution by the Bennington County State’s Attorney relating to the 2019 murder of Jessica Hildenbrandt. As Moffitt was trying to flee from police, a witness observed him place a bag inside a trash container. A search of that bag revealed more than 3,000 bags of suspected fentanyl, and distribution quantities of powder and crack cocaine. Within the bag, police also found two loaded handguns. When Moffitt was apprehended, police also found that he was in possession of more than $16,000 in cash.
Moffitt is currently in the custody of the State of Vermont in connection with the murder charge. The date of his initial appearance in federal court has not been set.
The complaint is an accusation only and the defendant is presumed innocent until and unless proven guilty. If convicted of all the charged federal offenses, Moffitt faces a mandatory minimum prison sentence of five years and up to lifetime incarceration. If he is convicted, his federal sentence would be informed by the application of the United States Sentencing Guidelines.
The case was investigated by Vermont State Police, the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; and the Bennington Police Department.
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. https://www.justice.gov/psn
Belton Man Arrested for Threatening Upstate SchoolsRead the Press Release
U.S. Attorney Confirms that Upstate School Threat Thwarted, Suspect in Custody
GREENVILLE, SOUTH CAROLINA — Jonathan Trent Patterson, 22, of Belton, has been charged in a federal complaint for electronically transmitting multiple shooting threats relating to several schools in Anderson County.
“I want to first let everyone in the Upstate know that we are not aware of any physical harm that occurred as a result of these threats, and the suspect is in custody and thus at this time does not pose a danger to the community,” said U.S. Attorney Corey F. Ellis. “While these charges speak for themselves, this office aggressively investigates and, where appropriate, prosecutes threats of violence and acts of violence. This is especially true when anyone threatens harm against our schools, and recent events confirm these threats must be taken seriously. Responding to these cases requires a team approach, and I especially want to thank our partners at the FBI and Sheriff Chad McBride and the rest of the Anderson County Sheriff’s Office.”
Patterson will appear before U.S. Magistrate Judge Jacquelyn D. Austin at 2:30 p.m. today (June 3, 2022) at the Carroll A. Campbell, Jr. U.S. Courthouse.
The case is being investigated by the FBI and the Anderson County Sheriff’s Office. Assistant U.S. Attorneys Max Cauthen and Everett E. McMillian are prosecuting the case.
U.S. Attorney Ellis stated that all charges in the complaint are merely accusations and that defendants are presumed innocent unless and until proven guilty.
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Beckley Woman Sentenced to Prison for Federal Drug and Gun CrimesRead the Press Release
BECKLEY, W.Va. – A Beckley woman was sentenced today to eight years and four months in prison, to be followed by three years of supervised release, for distribution of methamphetamine and carrying a firearm during a drug trafficking crime.
According to court documents and statements made in court, on February 25, 2020, Candice Nicole Long, also known as “Candace Long,” 26, was at her residence when she sold a quantity of methamphetamine to a confidential informant while possessing a .380-caliber handgun in her waistband. On February 28, 2020, officers executed a search warrant on her residence and recovered the firearm.
United States Attorney Will Thompson made the announcement and commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Alex Hamner prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-228.
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28-Year-Old Sentenced on Drug and Firearm ChargesRead the Press Release
Acting United States Attorney Steven Russell announced that Daniel Rojas, 28, was sentenced on June 2, 2022, in federal court in Omaha, Nebraska, as an addict in possession of a firearm and for possessing with intent to distribute methamphetamine. United States District Judge Brian C. Buescher sentenced Rojas to 87 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release.
On July 3, 2020, law enforcement received information that drugs were being sold out of the Aksarben Suites located on Cedar Street in Omaha. While conducting surveillance, officers observed a Mercedes leave the parking lot of the Aksarben Suites and commit a traffic violation. During a traffic stop, officers observed Rojas leaning forward in an awkward position. A K-9 alerted to the scent of drugs on the passenger side front window of the car.
Upon searching the car and a black bag located under the front passenger seat, officers found a .40 caliber Smith and Wesson SD40 firearm and approximately 1 gram of methamphetamine. At the time Rojas possessed the firearm he was a drug user.
On November 16, 2020, Rojas was arrested on federal charges stemming from the possession of the Smith and Wesson firearm on July 3, 2020. At the time of his arrest, Rojas admitted to possessing methamphetamine in a white Buick parked nearby. Over 100 grams of methamphetamine were recovered from Rojas’s car.
This case was investigated by the Omaha Police Department and the Drug Enforcement Administration, Omaha Field Division. This case was 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.
2 June 2022
Women admit to smuggling over $2M in fentanyl and other narcoticsRead the Press Release
CORPUS CHRISTI, Texas – Two Houston women have admitted to conspiring to possess with intent to distribute fentanyl, heroin and cocaine, announced U.S. Attorney Jennifer B. Lowery.
Today, Clarissa Hernandez, 23, admitted to her role in the conspiracy. Her co-conspirator, Sarah Morales, 23, previously pleaded guilty April 28.
On Feb. 11, Hernandez attempted to drive through a Border Patrol (BP) checkpoint, at which time a K-9 alerted to her vehicle. A search revealed 15 bundles of cocaine and 32,500 pills of fentanyl concealed in the front and rear bumpers of her Chevrolet sedan.
Soon after, Morales also attempted to pass through the checkpoint. During a search, authorities discovered 12 bundles of cocaine, three bundles of heroin and one bundle of fentanyl concealed in the front and rear bumpers of her Ford sport utility vehicle.
As part of their pleas, they admitted they had conspired together to smuggle a total of 25.36 kilograms of cocaine, 4.94 kilograms of fentanyl and 255 grams of heroin.
The drugs have a combined estimated street value of approximately $2.25 million.
U.S. District Judge David S. Morales set sentencing for Morales July 20. Hernandez will be sentenced Aug. 23. They each face up to life in prison with a possible $10 million maximum fine.
Both have been and will remain in custody pending their respective hearings.
The Drug Enforcement Administration conducted the investigation with the assistance of BP. Assistant U.S. Attorney John Marck is prosecuting the case.
Woman Indicted for Prescribing Medically Unnecessary Medical Equipment in $8.8 Million Health Care Fraud SchemeRead the Press Release
Tampa, FL – A Georgia woman was arrested yesterday in Hampton, Georgia, on criminal charges related to her alleged scheme to defraud Medicare by prescribing medically unnecessary durable medical equipment (DME), which was then billed to Medicare.
According to the indictment, Kateline Lavache, 53, of Hampton, allegedly prescribed medically unnecessary DME for Medicare beneficiaries in exchange for kickbacks and bribes from her co-conspirators. Lavache allegedly prescribed DME without conducting proper consultations with the beneficiaries. Lavache had no prior relationship with the beneficiaries, was not treating them, and failed to even conduct telemedicine consultations with them. As a result of the prescriptions, Lavache’s co-conspirators submitted to Medicare approximately $8.8 million in false and fraudulent claims for medically unnecessary DME, of which Medicare paid more than $4 million. Lavache was paid more than $123,000 in kickbacks and bribes for her participation in the scheme.
Lavache is charged with one count of conspiracy to commit health care fraud and wire fraud, as well as four counts of health care fraud. If convicted, she faces up to 20 years in prison for the conspiracy count and up to 10 years in prison for each health care fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Roger Handberg for the Middle District of Florida; Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Miami Regional Office; and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge David Walker of the FBI’s Tampa Field Office made the announcement.
The FBI and HHS-OIG are investigating the case.
Trial Attorney Alejandro J. Salicrup of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Woman Indicted for Prescribing Medically Unnecessary Medical Equipment in $8.8 Million Health Care Fraud SchemeRead the Press Release
A Georgia woman was arrested yesterday in Hampton, Georgia, on criminal charges related to her alleged scheme to defraud Medicare by prescribing medically unnecessary durable medical equipment (DME), which was then billed to Medicare.
According to the indictment, Kateline Lavache, 53, of Hampton, allegedly prescribed medically unnecessary DME for Medicare beneficiaries in exchange for kickbacks and bribes from her co-conspirators. Lavache allegedly prescribed DME without conducting proper consultations with the beneficiaries. Lavache had no prior relationship with the beneficiaries, was not treating them, and failed to even conduct telemedicine consultations with them. As a result of the prescriptions, Lavache’s co-conspirators submitted to Medicare approximately $8.8 million in false and fraudulent claims for medically unnecessary DME, of which Medicare paid more than $4 million. Lavache was paid more than $123,000 in kickbacks and bribes for her participation in the scheme.
Lavache is charged with one count of conspiracy to commit health care fraud and wire fraud, as well as four counts of health care fraud. If convicted, she faces up to 20 years in prison for the conspiracy count and up to 10 years in prison for each health care fraud count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; U.S. Attorney Roger Handberg for the Middle District of Florida; Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Miami Regional Office; and Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; Special Agent in Charge David Walker of the FBI’s Tampa Field Office made the announcement.
The FBI and HHS-OIG are investigating the case.
Trial Attorney Alejandro J. Salicrup of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Criminal Division’s efforts to combat health care fraud through the Health Care Fraud Strike Force Program. Since March 2007, this program, comprised of 15 strike forces operating in 24 federal districts, has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Windber Man Sentenced to 120 Months in Prison and 10 Years of Supervised Release for Possessing Child PornographyRead the Press Release
JOHNSTOWN, Pa. – A former resident of Windber, PA, has been sentenced in federal court to a total of 120 months in prison followed by 10 years of supervised release on his conviction of possession of child pornography, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Kristian E. Heller, 46, of Windber, Pennsylvania.
According to information presented to the court, on or about April 20, 2021, Heller knowingly possessed one or more visual depictions, namely, videos and images in individual computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct and which depict prepubescent minors and minors who have not attained twelve years of age, engaging in sexually explicit conduct, all of which had been shipped and transported in interstate and foreign commerce, by means of a computer, and all of which had been produced using materials which had been mailed and shipped in interstate and foreign commerce.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
Ms. Chung commended the Department of Homeland Security, Homeland Security Investigations for the investigation that led to the successful prosecution of Heller.
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 better 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.
West Virginia Former Official Pleads Guilty to Federal Civil Rights Offense for Sexual Assault on 16-Year-Old GirlRead the Press Release
A West Virginia former official pleaded guilty to violating the civil rights of a 16-year-old victim by forcibly raping her in a bunk room at the Danville Fire Department in Danville, West Virginia. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Lisa G. Johnston for the Southern District of West Virginia and Special Agent in Charge Mike Nordwall of the FBI Pittsburgh Field Office made the announcement.
During the plea hearing in federal court in the Southern District of West Virginia, Christopher Osborne, 26, admitted that on or about Jan. 19, 2021, while he was an officer with the Marmet Police Department in Marmet, West Virginia, and a firefighter with both the Charleston Fire Department in Charleston, West Virginia, and the Danville Volunteer Fire Department, he used his position, authority and status as a firefighter to forcibly sexually assault the victim. Specifically, Osborne admitted that the victim told him that she did not want to have sex, but he held her down inside the bunk room at the fire station and sexually assaulted her anyway, causing her pain and bodily injury.
“The defendant abused his official authority and position of power to perpetrate a violent sexual assault on a 16-year-old girl,” said Assistant Attorney General Clarke. “Officials who carry out sexual assaults on vulnerable people will be held accountable. The Civil Rights Division will continue to use our criminal civil rights laws to stand up for the survivors of these heinous crimes.”
“As the plea in this case demonstrates, Osborne used his official authority to commit a violent sexual assault on a 16-year-old victim,” said Acting U.S. Attorney Johnston. “Osborne’s unlawful conduct constitutes a clear deprivation of the minor’s civil rights. Such an egregious abuse of power will not be tolerated. We continue to work with our law enforcement partners to stand up for victims of such crimes. I want to thank the FBI, the West Virginia State Police and the West Virginia Fire Marshal’s Office for their outstanding investigative efforts in this case.”
“The facts of this case are troubling,” said Special Agent in Charge Nordwall. “No one is not above the law. As a public servant, Osborne violated his oath and victimized those he swore to protect. The FBI will not look the other way.”
With his guilty plea, the defendant faces a 14-year prison sentence, with a maximum of five years of supervised release, and registration as a sex offender under the Federal Sex Offender Registration and Notification Act.
A sentencing date has been set for July 13.
This case was investigated by the Pittsburgh Division of the FBI with the support of the West Virginia State Police and the West Virginia State Fire Marshals. It is being prosecuted by Trial Attorney Kathryn E. Gilbert of the Justice Department’s Civil Rights Division and Assistant U.S. Attorneys Jennifer Rada Herrald and Julie White for the Southern District of West Virginia.
Washington County Man Sentenced to Federal Prison for Receipt of Child PornographyRead the Press Release
DAVENPORT, Iowa – Christopher Michael Wilson, age 45, was sentenced on June 1, 2022, to 210 months in prison for Receipt of Child Pornography. Wilson was ordered to serve fifteen years of supervised release to follow his prison term, as well as pay $3,000 in restitution to his victims. Wilson was also assessed a $100 Special Assessment immediately payable to the Crime Victims’ Fund.
According to court documents, the investigation into Wilson began when law enforcement received a CyberTip from the National Center for Missing and Exploited Children. The CyberTip indicated that files suspected to be child pornography were uploaded from specific IP addresses. A phone number included with the tip traced back to Wilson. During the execution of a search warrant at Wilson’s known residence, numerous electronic devices were seized, which contained images and videos of child pornography. On January 20, 2022, Wilson 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 Federal Bureau of Investigation and the Washington County Sheriff’s Department and prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Virginia Woman Sentenced to 54 Months in Federal Prison for Identity Theft Scheme and Ordered to Pay $4.4 Million Dollars in RestitutionRead the Press Release
Baltimore, Maryland – Yesterday U.S. District Judge George J. Hazel sentenced Janet Sturmer, age 66, of Manassas, Virginia to 54 months in federal prison, followed by 3 years of supervised release, for conspiracy to commit mail, wire fraud, and aggravated identity theft. As part of her guilty plea, Sturmer will be required to pay $4.4 million in restitution.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Christopher Dillard of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office; and Acting Special Agent in Charge Selwyn Smith of Homeland Security Investigations (HSI) Baltimore.
According to her plea agreement, from October 2015 to March 2017, Sturmer conspired with Peter Unakalu, Khalid Razaq, Brandon Ross, Saulina Eady, Saul Eady, and others to commit wire fraud by posing as navy contracted agents and convincing victim companies that conspiracy members were authorized to order specialized communications equipment without prior payment.
As part of the scheme to defraud, Sturmer and her co-conspirators used fictitious identities, fictitious business names, and the stolen identities of real individuals to lease facilities and receive fraudulently obtained goods. For example, in September 2016, Sturmer and Razaq submitted a commercial lease agreement and tenant information sheet using the name, date of birth, driver’s license, and social security number of Victim 1 without the victim’s permission or knowledge. Ultimately, Razaq and Sturmer used this rental property to obtain high-end smartphones and tablets from a victim company. Sturmer and Razaq subsequently shipped the fraudulently obtained goods to California where the products were either disposed of or sold.
Additionally, in October 2016, Sturmer rented office space located in Chantilly, Virginia for the purpose of receiving fraudulently obtained goods including, thousands of flat screen televisions and communications equipment from two victim companies. To do so, Sturmer used the stolen identity of Victim 2 and a fraudulent tax return created by Razaq. Razaq then arranged for the fraudulently obtained televisions to various store locations that Sturmer and Razaq rented using stolen identities. On one occasion, Sturmer shipped approximately 100 stolen flat screens to Ross (a co-conspirator) in California.
As stated in her guilty plea, law enforcement executed a search warrant at Sturmer’s Virginia residence. Amongst other items, law enforcement recovered stolen flat screen televisions from one victim company, cables from another victim company, shipping records, a notebook documenting the receipt and storage of stolen flat screen televisions, counterfeit identification documents in the names of real victims, at least five cell phones, and counterfeit device-making equipment.
Based on the search warrant results, surveillance footage, and business records, Sturmer and her co-conspirators caused a loss of more than $4.4 million to victim companies.
Co-defendants Khalid Razaq, Saul Eady, Saulina Eady, and Brandon Ross, were sentenced to 5 years, 4 years, 30 months, and 18 months in federal prison; respectively. As part of their sentencing, Razaq was ordered to pay over $4 million in restitution and Ross was ordered to pay $1.5 million in restitution. Troy Barbour is scheduled to be sentenced at a later date.
United States Attorney Erek L. Barron praised the DOD-OIG and HSI for their work on the investigation. Mr. Barron thanked the FBI, the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, the Naval Criminal Investigative Service, and Customs and Border Protection for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Joseph R. Baldwin and Adam K. Ake, who prosecuted the 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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U.S. Attorney Charges New Jersey Registered Sex Offender with Attempted Sexual Enticement of A Minor and Committing an Offense Against A Minor While A Registered Sex OffenderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today the arrest of BRIAN REED. REED is charged with communicating online with an individual he believed to be a 13-year-old girl and attempting to meet the girl to engage in sexual activities and with engaging in that offense while a registered sex offender. REED was presented today before U.S. Magistrate Judge Andrew E. Krause in White Plains federal court and detained.
U.S. Attorney Damian Williams said: “This case underlines the urgent need for law enforcement to continue its efforts to protect children from those who prey on them. As this arrest shows, we will use every tool available to law enforcement to investigate and prosecute those who sexually exploit children.”
According to the allegations in the Complaint[1] filed on May 31, 2022 in White Plains federal court:
On May 25, 2022 and May 26, 2022, an investigator with the Rockland County District Attorney’s Office (“Investigator-1”), who was posing as a 13-year-old girl on various online social media platforms, communicated via text with BRIAN REED. REED asked Investigator-1 for sexually explicit photos and indicated that he wanted to meet with her for the purpose of having sex.
During the communications with REED, Investigator-1 referred on multiple occasions to the fact that she was 13 years old and also told REED that “im a virgin still.” REED responded, “Thats ok.” REED told Investigator-1 that he wanted to speak by phone and Investigator-1 spoke to REED by phone on a number of occasions. During their calls, REED and Investigator-1 discussed meeting in person and REED described in detail various sexual activities that he wanted to engage in with Investigator-1. REED said he was excited to meet her and that he could “teach [her] some things.” REED made a plan to meet Investigator-1 at a park in Rockland County, New York.
On May 26, 2022, at approximately 11:35 p.m., REED arrived at a parking lot near the agreed-upon meeting spot and parked his car. As he began to walk toward Investigator-1, who was waiting at the meeting spot, REED was arrested. Following his arrest, REED was interviewed and he admitted, among other things, that he communicated with an individual he believed was 13 years old and made a plan to meet her so that he could have sex with her. In addition, REED stated that he had been convicted of a sex offense and was a registered sex offender. On May 27, 2022, BRIAN REED, the defendant, was charged in Clarkstown Justice Court with Attempted Rape in the 2nd Degree and Disseminating Indecent material to minors.
On October 17, 2016, REED was convicted in Morris County Superior Court, New Jersey, of Endangering the Welfare of a Child Through Sexual Conduct and sentenced to three years in prison. REED was required to register as a sex offender upon his release from prison.
There may be other victims of this alleged conduct. If you have information to report, contact the Federal Bureau of Investigation through its toll-free Tip Line at 1-800-CALL-FBI
* * *
REED, 33 of Sussex, New Jersey is charged with one count of attempted enticement of a minor, which carries a minimum sentence of 10 years in prison and a maximum sentence of life in prison, and one count of committing the offense of attempted enticement while a registered sex offender, which carries a minimum sentence of 10 years to be imposed consecutively to any sentence of imprisonment imposed for the attempted enticement.
The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Following today’s presentment, Judge Krause ordered that BRIAN REED be detained.
Mr. Williams praised the efforts of the Federal Bureau of Investigation, Homeland Security Investigations, the Rockland County District Attorney’s Office, Rockland County District Attorney’s Office Special Investigations Unit, Rockland County District Attorney’s Office Special Victims Unit, Town of Clarkstown Police Department, and the Westchester County Safe Streets Task Force, which is comprised of special agents and task force officers from the FBI, U.S. Probation, New York State Police, New York State Department of Corrections and Community Supervision, Putnam County Sheriff's Office, Westchester County DAs Office, Rockland County DAs Office, NYPD, Westchester County PD, and the Yonkers, New Rochelle, Mount Vernon, Greenburgh, White Plains, Peekskill, Ramapo, and Clarkstown Police Departments. He added that the investigation is ongoing.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorneys Marcia S. Cohen is in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
U.K. National Sentenced to 3 Years in Prison for $8.3 Million Scam That Claimed Precious Metals Could Be Extracted from ‘Ancient Slag’Read the Press Release
LOS ANGELES – A British national was sentenced today to 36 months in federal prison for defrauding over 100 investors out of more than $8 million through a scheme that sold “ancient slag,” a mining waste byproduct that supposedly contained precious metals.
Michael Godfree, 80, a United Kingdom citizen who resides in the Mount Washington neighborhood of Los Angeles, was sentenced by United States District Judge John A. Kronstadt, who also ordered Godfree to pay $8,336,965 in restitution.
Godfree pleaded guilty in December 2021 to one count of mail fraud.
From 2011 to November 2017, Godfree schemed to defraud victim-purchasers of material he identified as “ancient slag” and “gold ore.” He was co-founder of The Minerals Acquisition Company (TMAC), a Pasadena-based outfit that offered to sell slag to victims who were told the company would be able to extract precious metals from this slag, which was generated from copper mining. TMAC sold ton-quantities of the slag with promises of refining the material and recovering precious metals. TMAC provided victims with supposedly attorney-certified “Certificates of Title” that purported to transfer ownership of the slag to victims.
Godfree fraudulently induced the victims to buy the “ancient slag” by falsely stating the “ancient slag” was valuable because it contained precious metals and a process would soon be available that could extract the precious metals supposedly in the slag.
In fact, Godfree and TMAC did not actually own most of the slag they sold, there was not a commercially viable process for extracting precious metals from the slag, and the business operation had not been endorsed by a lawyer.
Acting on Godfree’s false promises, victims sent the company money by mailing checks to the TMAC offices in Pasadena and by wiring money to accounts that Godfree controlled. Godfree used the funds to pay for his personal expenses.
In total, Godfree and TMAC caused losses of approximately $8,336,965 to the victims of their fraud.
TMAC was dissolved in 2015, but its operations were largely taken over by Precious Metals of North America Inc., another of Godfree’s companies.
“Godfree was nothing more than a glorified conman,” prosecutors wrote in a sentencing memorandum. “At bottom, [Godfree] was selling nothing more than worthless dirt (that he generally didn’t own) along with a non-existent ‘process’ to extract value from the dirt…. Unsurprisingly, not a single victim-purchaser has ever seen any return on their purchase. Instead, the money was spent on lavish goods and personal expenses for [Godfree].”
The FBI investigated this matter.
Assistant United States Attorney Bruce K. Riordan of the Violent and Organized Crime Section prosecuted this case.
Two current, one former St. Louis aldermen indicted on corruption chargesRead the Press Release
ST. LOUIS – Two current and one former St. Louis aldermen, including board President Lewis Reed, have been indicted on federal charges accusing them of misusing their offices on multiple occasions in multiple ways in exchange for cash bribes and other things of value.
Reed, 22nd Ward Alderman Jeffrey L. Boyd and former 21st Ward Alderman John Collins-Muhammad were all indicted May 25. Collins-Muhammad resigned his office on May 12, 2022 due to the ongoing criminal investigation. They are scheduled to turn themselves in and make their first appearance in court Thursday at 1 p.m. Reed is facing two bribery-related charges. Collins-Muhammad has been indicted on two bribery-related charges and one charge of honest services bribery/wire fraud. Boyd is facing two bribery related charges and a separate, two count wire fraud indictment alleging he fraudulently sought $22,000 from his insurance company for damage to vehicles that he falsely claimed to own.
The main indictment alleges Collins-Muhammad and Reed helped a small business owner obtain a lucrative property tax abatement in exchange for a series of cash bribes related to what the indictment refers to as “project A.”
The indictment also alleges that in “project B,” Boyd accepted cash to help the business owner buy a city-owned property for tens of thousands of dollars less than it was worth, and accepted more cash to help the business owner obtain a lucrative tax abatement for that project.
Project A:
The indictment lays out a years-long scheme in which Collins-Muhammad, and later Reed, sought to help the business owner, referred to in the indictment as “John Doe,” obtain a significant property tax abatement for a new gas station and convenience store development in Collins-Muhammad’s ward. Doe estimated that the abatement could be worth $20,000 to $30,000 per year over at least 10 years, the indictment says. In all, Reed accepted $9,000 in cash from Doe, the indictment alleges. Collins-Muhammad accepted $7,000 cash, $3,000 in campaign contributions, a new iPhone 11 and a 2016 Volkswagen CC sedan in exchange for his help, the indictment alleges. Collins-Muhammad and Reed ultimately worked to pass Board Bills which provided the property tax abatement for Project A.
During Reed’s 2021 run for mayor, Doe also gave Reed $6,000 total in cash and $3,500 in campaign contributions for Reed’s help in Doe’s ultimately unsuccessful attempt to obtain Minority Business Enterprise certification for his trucking company, and for help in winning contracts for city construction projects, the indictment alleges.
Collins-Muhammad is also accused of accepting $3,000 after setting up a meeting with a public official who could steer business to Doe’s trucking company. Collins-Muhammad later asked for $2,500 more on behalf of the official, but instead used it to buy a 2008 Chevrolet Trailblazer, the indictment alleges.
Project B:
A separate scheme set out in the main indictment involved Doe’s purchase of a commercial property on Geraldine Avenue in St. Louis from the city’s Land Reutilization Authority, which owns and sells vacant property. The property was in Boyd’s ward.
Collins-Muhammad introduced Doe to Boyd so Boyd could help in the purchase, telling Doe that he would have to pay cash for Boyd’s help, the indictment says. Through Boyd’s assistance, Doe eventually was able to buy the property from the LRA for $14,000. The LRA valued it at $50,000, and Doe estimated it would have cost $250,000 if privately sold, the indictment alleges. Boyd also submitted and sponsored a board bill which provided a substantial property tax abatement for Doe’s Project B.
Boyd accepted a total of $9,500 in cash from Doe related to Project B, and Doe also made free repairs worth $1,611 to Boyd’s 2006 Chevrolet Impala and $733 to his Kia van, the indictment alleges. Collins-Muhammad received an additional $1,000 cash for introducing Doe to Boyd.
Boyd was indicted in a separate case on two counts of wire fraud for a scheme in which he and Doe are accused of agreeing to split the proceeds of insurance fraud related to a Jan. 17, 2021 vehicle accident at Doe’s used car lot in Jennings, Missouri.
After Doe learned his insurance company would not cover the damage, Boyd suggested falsely claiming that three of the damaged vehicles were owned by his used car company, The Best Place Auto Sales on Dr. Martin Luther King Drive in St. Louis, the indictment alleges.
Boyd filled out Missouri Department of Revenue bill of sale and certificate of title forms for the three vehicles, fraudulently backdating the sales dates to Jan. 2 and falsely claiming Boyd’s company had paid $22,000 for the vehicles, the indictment says. Boyd also falsely sought a $50 per vehicle, per day storage fee from Boyd’s insurance company for the damaged vehicles. Boyd’s insurance company ultimately rejected the claim.
If convicted of the main indictment, Reed’s and Boyd’s charges carry maximum penalties of 10 years and five years in prison, respectively, and a $250,000 fine. Collins-Muhammad’s honest services bribery/wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine. One of his bribery charges carries a 10-year maximum and the other has a five-year maximum. Boyd’s additional wire fraud charges related to the automobile insurance scheme carry maximum penalties of 20 years and a $250,000 fine. Restitution is also mandatory. In determining the actual sentences, a judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Hal Goldsmith is prosecuting the case.
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Men Charged in Indictment with Distributing Narcotics, Including Fentanyl, and Causing the Deaths of Four Persons on the East End of Long Island in the Summer of 2021Read the Press Release
A seven-count indictment was unsealed today in federal court in Central Islip charging Marquis Douglas, also known as “Prince” and “President,” and Jesse Pace, also known as “Jah,” with conspiring to distribute fentanyl, cocaine, heroin and crack cocaine. The indictment also charges Douglas and Pace with distribution of controlled substances resulting in four separate deaths on August 13, 2021. The indictment separately charges Douglas with the possession of fentanyl and cocaine in Suffolk County in May 2022. Pace was arrested this morning and will be arraigned this afternoon before United States Magistrate Judge Steven L. Tiscione. Douglas, who is already in federal custody on related charges, will be arraigned at a later date.
Breon Peace, United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Raymond A. Tierney, Suffolk County District Attorney, announced the charges.
“The defendants’ drug sales caused four overdose deaths in a single day last summer, contributing to the tragic history of the opioid epidemic that has claimed too many lives on Long Island,” stated United States Attorney Peace. “Dealing deadly drugs in this district will be met with severe consequences. At the same time, we are working to reduce the availability of these drugs and prevent new addictions in our efforts to save lives. It is our hope that the federal prosecution of Douglas and Pace will bring some solace to the families of the four victims who died as a result of the defendants’ actions.”
Mr. Peace also extended his thanks to the Riverhead Police Department for their assistance in investigation.
“Tragically, as overdose deaths continue to rise, people are still peddling these poisons into our communities. Fortunately our focus on the illegal drug epidemic hasn't waned, and bringing Douglas and Pace to justice shows our pursuit of these dealers hasn't either,” stated FBI Assistant Director-in-Charge Driscoll.
“We thank the U.S. Attorney’s Office and the FBI for their assistance in helping us get these dangerous drug dealers off of our streets,” stated District Attorney Tierney. “These defendants, while in federal custody, will no longer be able to sell fentanyl and other dangerous drugs to unwitting customers and pose a danger to the community.”
The charges arise from Douglas and Pace allegedly distributing cocaine and a fentanyl analogue, flourofentanyl, which led to a series of overdose deaths, on the East End of Long Island in 2021. As set forth in the indictment and other court filings, Douglas and Pace allegedly engaged in a years’ long conspiracy to distribute over five kilograms of cocaine, one kilogram of heroin, 280 grams of crack cocaine, 40 grams of fentanyl and a quantity of a fentanyl analogue. In August of 2021, Douglas and Pace distributed cocaine laced with a fentanyl analogue in Greenport, New York. When their drugs were re-distributed at the street level, it caused four fatal overdoses on August 13, 2021. The bodies were found the following day. More recently, while travelling as a passenger in a vehicle that was stopped for a traffic infraction in Suffolk County on May 5, 2022, Douglas was found in possession of distribution quantities of cocaine and fentanyl.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, each defendant faces up to life imprisonment.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Michael R. Maffei and Andrew P. Wenzel, along with Special Assistant United States Attorney Dana Gremaux are in charge of the prosecution.
The Defendants:
MARQUIS DOUGLAS (also known as “Prince” and “President”)
Age: 36
Riverhead, New YorkJESSE PACE (also known as “Jah”)
Age: 38
Riverhead, New YorkE.D.N.Y. Docket No. 22-CR-246 (JS)
Toledo Man Sentenced to Prison for Stealing Motorcoach Buses and Defrauding Church GroupRead the Press Release
First Assistant U.S. Attorney Michelle M. Baeppler announced that Derrick Lamont Jones, 57, of Toledo, was sentenced on May 31, 2022, to 54 months in prison and ordered to pay $21,702 in restitution by U.S. District Judge Jack Zouhary after Jones pleaded guilty to stealing motorcoach buses from various businesses and defrauding a church tour group.
According to court documents, from 2003 through 2019, Jones conspired together with codefendant Kelly Marie Thomas to steal, conceal and transport motorcoach buses. Court records state that between April 2003 and April 2009, Jones stole several buses from businesses in Ohio and elsewhere, including Ground Transportation Specialists in Taylor, Michigan; Lakefront Lines in Toledo, Ohio; Seniors Unlimited in Pontiac, Michigan and American Heritage Trails in Fort Wayne, Indiana.
According to court records, Jones had prior experience working as a bus driver and was familiar with the operations of the vehicles. After stealing a bus, Jones would take steps to conceal the fact that the bus was stolen, including altering vehicle identification numbers, changing exterior paint and removing company logos and markings.
As part of the conspiracy, Jones and Thomas would offer charter bus transportation services to passengers in Ohio and elsewhere through advertisements on the internet, on social media and in local newspapers. Jones and Thomas offered these services under the names of Destiny Tours, Kelly Tours, Marie’s Tours and Travel, Elite Tours and GT Tours. Jones and Thomas purportedly offered these services as compliant with the FMCSA (Federal Motor Carrier Safety Administration) and the Department of Transportation (DOT) regulations when, in fact, they knew that these companies were never incorporated and never received operating authority from the DOT or FMCSA.
In one instance, in December 2017, Jones entered into a contract with a church group from Toledo for $3,200 to provide charter bus services from Toledo to New York City. Court documents state that Jones received approximately $2,200 in cash prior to the scheduled departure date of the trip but failed to take the group on the trip and never returned the payment he had received.
Jones pleaded guilty to conspiracy, interstate transportation of stolen vehicles, violation of FMCSA regulations, and conspiracy to commit wire fraud. In addition to the prison sentence, Judge Zouhary ordered Jones to pay restitution to the church group that he defrauded and restitution to the various business that owned the buses he stole for damages and bus retrieval costs.
Kelly Marie Thomas was previously sentenced to three years of probation for her role in the conspiracy.
This case was investigated by the U.S. Department of Transportation - Office of Inspector General, with assistance by the U.S. Department of Transportation – Federal Motor Carrier Safety Administration, Ohio Division, Ohio State Highway Patrol, Toledo Police Department and the Michigan State Police. This case was prosecuted by Assistant United States Attorney Jody L. King.
Third Former Executive of Telecommunications Company Charged in Scheme to Defraud InvestorsRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced the unsealing of an indictment charging ANTHONY SIROTKA, the former chief administrative officer of a FTE Networks, Inc. (“FTE”), along with the company’s former chief executive officer, Michael Palleschi and former chief financial officer, David Lethem, with conspiracy, securities fraud, wire fraud, improperly influencing the conduct of an audit and aggravated identity theft. These charges stem from a years-long scheme to inflate FTE’s revenue and to conceal liabilities and expenses. SIROTKA was arrested this morning and was presented today in Manhattan federal court. Palleschi and Lethem were previously arrested based on an indictment charging them with the same crimes.
U.S. Attorney Damian Williams said: “As alleged, Anthony Sirotka conspired with his co-defendants to lure investors with false claims about FTE’s financial condition and to make the company appear more profitable than it was. Sirotka helped to deceive FTE’s auditors and the investing public, and now faces serious criminal charges for his alleged conduct.”
According to the allegations in Indictment unsealed today in Manhattan federal court:[1]
FTE was a telecommunications company based in Naples, Florida and Manhattan. As of December 2017, its stock traded on the NYSE American market. SIROTKA served as the company’s Chief Administrative Officer, Senior Vice President of Business Development, and Chief Business Development Officer. Together with Palleschi and Lethem, among other things, SIROTKA caused FTE to recognize more than $13 million in fraudulent revenue. This fraudulent revenue included more than $10 million in “unbilled” revenue that the defendants represented FTE had earned from services it had supposedly provided to a large customer that would not yet accept bills for those services. FTE never provided any such services. In addition, the defendants caused FTE to recognize approximately $2.6 million as an account receivable for which there was no support. When FTE’s auditors said that the account receivable should be written off, SIROTKA and his co-conspirators created a fake email from a representative of the customer saying that the customer would “expedite payments” for more than $1.5 million for projects completed by FTE in 2016 and 2017. The defendants caused this fake email to be sent to FTE’s auditors so that FTE could continue to recognize the receivable.
As a result of the defendants’ fraudulent recognition of revenue, FTE’s financial statements overstated the company’s accounts receivable by between 18% and 120% for each of the quarters in 2017 and 2018 and by approximately 477% for 2016.
In a separate action, the United States Securities and Exchange Commission (“SEC”) filed civil charges against SIROTKA. The SEC previously filed civil charges against Palleschi and Lethem.
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SIROTKA, 55, of New York, New York, is charged with one count of conspiring to commit securities fraud, wire fraud, making false statements in SEC filings and improperly influencing the conduct of audits, which carries a maximum sentence of five years in prison; one count of securities fraud, which carries a maximum sentence of 20 years in prison; one count of wire fraud, which carries a maximum sentence of 20 years in prison; one count of improperly influencing the conduct of audits, which carries a maximum sentence of 20 years in prison; and one count of aggravated identity theft, which carries a mandatory minimum term of two years in prison.
The minimum and maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the investigative work of the FBI and thanked the SEC for its assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys James McMahon and Daniel Loss are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment constitutes only allegations, and every fact described herein should be treated as an allegation.
Tampa Bay Medical Biller Sentenced for Healthcare Fraud, Aggravated Identity Theft, and Tax OffensesRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Joshua Maywalt (42, Tampa) to five years and five months in federal prison for healthcare fraud, aggravated identity theft, filing a false income tax return, and failing to file an income tax return. As part of his sentence, the court also entered an order forfeiting $2,257,029.86 and real property located at 5346 Northdale Boulevard in Tampa, which are traceable to proceeds of the offense. Maywalt had pleaded guilty on December 1, 2021.
According to court documents, Maywalt worked as a medical biller at a company in Clearwater that provided credentialing and medical billing services for its medical provider clients. In this capacity, Maywalt had access to the company’s financial, medical provider, and patient information. Maywalt was assigned to a Tampa Bay area physician’s account (“Physician #1”) and was responsible for submitting claims to Florida Medicaid Health Maintenance Organizations (HMO) for services rendered by Physician #1 to Medicaid recipients.
Maywalt abused his role as a medical biller by wrongfully accessing and utilizing the company’s patient information and Physician #1’s name and identification number to submit false and fraudulent claims to a Florida Medicaid HMO for medical services purportedly rendered by Physician #1, which were not actually rendered. Maywalt also altered the “pay to” information associated with the HMO’s payment processor so that the payments for the non-rendered medical services were sent to bank accounts under Maywalt’s control.
Maywalt knowingly signed and filed a false federal income tax return for tax year 2019 which substantially understated his income and reported only his employment wages, and not the substantial amount of money he was depositing into his bank accounts as a result of his fraudulent activities. In addition, Maywalt failed to file federal income tax returns for 2017 and 2018, as required by the Internal Revenue Service.
“Health care industry professionals are required to follow Medicaid rules and accurately bill for services that are actually provided. Fraudulently billing Medicaid for personal gain cheats millions of people who fund the program and contributes to the soaring cost of health care,” stated Omar Perez Aybar, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General. “Working closely with our law enforcement partners, we will continue to pursue those who exploit government health care programs.”
“Joshua Maywalt had no concern for anyone except himself. He exploited the personal information of medical patients, fraudulently billed services on behalf of a local physician and then cheated the U.S. tax system for his own personal gain,” said Brian Payne, special agent in charge of the IRS-CI Tampa Field Office. “In the end, committing fraud doesn’t pay. In this case, it resulted in a five-year prison sentence and a multimillion dollar forfeiture order.”
This case was investigated by the Department of Health and Human Services -Office of Inspector General, the Federal Bureau of Investigation, the Florida Medicaid Fraud Control Unit, Office of the Florida Attorney General, and the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorneys Maria Guzman and Suzanne Nebesky.
TSA Labor Union President Pleads Guilty to Fraud Scheme to Misappropriate Union FundsRead the Press Release
BOSTON – The president of a local union representing Transportation Security Administration (TSA) employees pleaded guilty yesterday in federal court in Boston to engaging in a fraud scheme to defraud the union by misappropriating $3,000 in union funds.
Marie LeClair, 59, of Lynn, pleaded guilty to one count of wire fraud. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 16, 2022. LeClair was charged by an Information on April 26, 2022.
LeClair was the president of the American Federation of Government Employees, Local 2617, which was based in Boston and represented TSA employees. Beginning in or about March 2015, LeClair engaged in a scheme to defraud the union by misappropriating funds belonging to the union for her personal use. Specifically, LeClair transferred funds from union accounts to a travel debit card issued in her own name without the knowledge or authorization of the union and used the misappropriated union funds for personal expenses. On May 22, 2018, LeClair made a wire transfer of $3,000 from a union account to her personal travel debit card.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Jonathan Russo, District Director of the U.S. Department of Labor, Office of Labor Management Standards; and Dr. Joseph V. Cuffari, Inspector General of the U.S. Department of Homeland Security made the announcement today. Assistant U.S. Attorney Laura Kaplan of Rollins’ Criminal Division is prosecuting the case.
Springfield Man Pleads Guilty to Child Sexual Abuse, Child PornographyRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Mo., man pleaded guilty in federal court today to sexually assaulting a child victim and recording the abuse on his cell phone.
William Shane Berg, 49, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush to one count of the sexual exploitation of a minor and one count of receiving child pornography over the internet.
By pleading guilty today, Berg admitted that he sexually abused a minor victim, identified in court documents as John Doe 2.
Law enforcement officers executed a search warrant at Berg’s residence on April 12, 2020, and seized a laptop computer, VHS tapes, CDs, two laptop hard drives, a portable hard drive, a CD writer, USB drives, a camera and media card, three Chromebooks, and a cell phone. Investigators found multiple files on the cell phone and the laptop computer that depicted Berg sexually abusing John Doe 2. They also found additional files of child pornography that Berg downloaded from the internet.
When the victim was interviewed at the Springfield Child Advocacy Center, he told investigators that Berg started sexually abusing him when he was in the fifth grade. He said Berg took videos on his cell phone during the sexual abuse.
Under federal statutes, Berg is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 50 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cyber Crimes Task Force, the FBI and the Springfield, Mo., Police Department.
Project Safe Childhood
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.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Second Whitley County Man Sentenced to Life Imprisonment for Violent KidnappingsRead the Press Release
LONDON, Ky. — Jake Messer, 39, of Rockholds, Kentucky, was sentenced to Life in federal prison on Tuesday, by United States District Judge Robert E. Wier. On February 10, 2022, Messer was convicted by a federal jury of two counts of kidnapping, following his indictment in November of 2020.
According to evidence at trial, the kidnappings were motivated by an unsuccessful drug deal, where Messer and his co-conspirators lost $10,000. Jake Messer organized, directed, and recruited assistance for the armed kidnappings. Messer ordered the two victims transported to a remote trailer in Clay County, where they were held for 24 hours. There, the victims were separated, interrogated, threatened, and assaulted. After several hours of captivity, Messer held the female victim down and raped her. Messer then provided his father, George Oscar Messer, duct tape and zip ties. His father then duct taped the victim and sexually assaulted her a second time, at gunpoint. The victims only escaped after a family member spotted them in a ditch on the side of the road with Messer. Thereafter, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Kentucky State Police (KSP) recovered 15 firearms, including an assault rifle, from the Messer residence.
Messer received numerous sentencing enhancements, including use of a dangerous weapon, acting as an organizer, demanding ransom, and sexually exploiting a victim. At the sentencing hearing, witnesses also testified that Jake Messer had previous incidents of violence, sexual assault, and threats. In rendering the sentence, Judge Wier described the Messers’ conduct as the “very basement of human conduct.” Judge Wier also said the sentence reflected the importance of declaring that the rule of law exists and applies to everyone, regardless of location and culture.
“This is a disturbing example of the incidence of unspeakable violence that often accompanies illegal drug trafficking,” said Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky. “This case included kidnappings, threats, firearms, repeated sexual assaults, and even a true sense of lawlessness. This unconstrained violence and infliction of suffering certainly warrants the sentence imposed. Cases like this will embolden our efforts to combat this blight on our communities; it should also serve as a stark warning to those who continue to participate in destructive violence and drug trafficking.”
“This is the second defendant to receive a life sentence from an armed drug-trafficking group that kidnapped, tortured and raped the victims in this case,” said ATF Special Agent in Charge R. Shawn Morrow of the Louisville Division. “This was a joint effort between the Kentucky State Police and ATF. We hope this life sentence brings some sense of justice to the victims and sends a very clear message that ATF and our law enforcement partners will not stand by and allow these acts of violence."
United States Attorney Shier, Special Agent in Charge Morrow, and Colonel Phillip Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the sentence.
This case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. The PSN program involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Eastern District of Kentucky, U.S. Attorney Shier coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
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