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5 May 2022
Trina A. Higgins Sworn in as United States Attorney for the District of UtahRead the Press Release
SALT LAKE CITY- On Wednesday, May 4, 2022, Trina A. Higgins was sworn in as United States Attorney for the District of Utah by U.S. District Court Chief Judge Robert J. Shelby. President Biden nominated Higgins on January 31, 2022, and she was confirmed by the United States Senate on April 27, 2022.
As United States Attorney, Higgins will serve as the top-ranking federal law enforcement official in Utah. She is the first woman to be presidentially appointed to the position. Higgins leads all federal criminal prosecutions and civil litigation within the District of Utah.
“It is both my honor and privilege to serve as the United States Attorney for the District of Utah. I look forward to working with the dedicated public servants in the U.S. Attorney’s Office. And I am eager to work collaboratively with our federal, state, local, and tribal law enforcement and community partners in pursuit of justice and equity.”
Since 2002, Higgins has served as an Assistant United States Attorney for the District of Utah, holding several leadership positions, including Senior Litigation Counsel and Violent Crime Section Chief. She recently returned to Utah from a detail as the Mediterranean Legal Advisor for the Department of Justice Office of Overseas Prosecution Development and Training at the U.S. Embassy in Valletta, Malta. Prior to joining the Department of Justice, Higgins served as a Salt Lake County Deputy District Attorney.
Higgins served as an Adjunct Professor at the S.J. Quinney College of Law for ten years. She is a past President of the Salt Lake County Bar Association and a current Fellow in the American College of Trial Lawyers, where she has served as the state Vice Chair and Diversity Coordinator. Higgins earned a B.A. from Weber State University and a J.D. from the University of Utah S.J. Quinney College of Law.
A formal investiture ceremony will be scheduled at a future date.
Three Sentenced in Loan Scheme to Defraud Four Churches and DeveloperRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JEFFERY N. CROSSLAND was sentenced yesterday to 51 months in prison, RAYMOND E. ROBINSON, a pastor, was sentenced on March 18, 2022 to 42 months in prison and STEPHEN C. PARENTE was sentenced on March 19, 2022 to 33 months in prison for conspiring to defraud four churches and a real estate development company out of more than $3.5 million.
U.S. Attorney Damian Williams said: “Crossland, Robinson, and Parente abused the trust of four churches and Crossland and Robinson victimized a real estate development company as well. All the victims were seeking financing for building projects. The defendants induced them to enter into loan agreements requiring the victims to transfer “deposit” money into a bank account by falsely representing that the deposit money would be safe from loss. Based on those false representations, the victims transferred their deposits. But the money did not remain in the account safe from loss. Instead, the victims lost their money and their ability to fund their building construction projects. For their crime, Crossland, Robinson, and Parente will serve a substantial sentence in prison.”
According to the allegations contained in the Indictment, court filings, and statements made during court proceedings:
CROSSLAND was a managing member of Crossland Capital Partners, LLC, a purported broker dealer focused on “real estate related capital raising,” located in Santa Monica, California. He also controlled JC Funding Group, also located in Santa Monica, which was represented to be a corporate entity overseeing various subsidiary lending companies under the JC Funding name. PARENTE controlled Eagle Capital Investment Partners, LP (“Eagle Capital”), a purported private financial advisory consultancy practice based in Georgia. ROBINSON was a minister. He was employed by a church-building company based in Missouri and he ran Ray Robinson Ministries – a purported consulting firm for churches. ROBINSON, along with PARENTE, had an ownership interest in Eagle Capital.
In or about early 2013, the defendants met in California and planned their strategy, which was to target churches and market to them by capitalizing on ROBINSON’s background as a minister and church builder. They represented that they were in the business of providing “unconventional loans” for churches and that CROSSLAND funded loans through capital he obtained from other clients who invested in his projects. To effectuate the scheme to defraud, the three defendants drafted and modified term sheets and loan agreements that required the Victims to provide “deposits” as security for their loans. To induce the Victims to enter into the loan agreements and provide these deposits, they agreed to and then made various other false representations about the Victims’ deposit money. Through their communications with the Victims and language they drafted together and included in loan documents, they led the Victims to believe the deposit money would be held in a bank account (the “Account”) and that it would be safe from loss. As the Victims ultimately learned, that was false and their money was not actually being used as the “deposit” they thought it was. Instead, it was being invested in what the defendants understood to be “trading programs” involving overseas investors.
In order to perpetuate the scheme and conceal the fraud, CROSSLAND had others transfer some of Victims’ deposit money to other Victims and falsely represented that these money transfers were loan draw payments. In actuality, CROSSLAND never had the money to fund the Victims’ loans. In addition to providing certain Victims with funds the defendants claimed to be loan draw payments, in order to perpetuate the scheme and conceal the fraud, CROSSLAND and ROBINSON had communications with the Victims, with the intention of (a) lulling them into believing that their loans would be funded and/or their deposits returned, and (b) preventing them from reporting their conduct to law enforcement authorities and/or taking legal action against them.
In this way, from April 2013 through March 2015, CROSSLAND, ROBINSON, and PARENTE fraudulently induced Victims to transfer more than $3.5 million to the Escrow Account. The purported loans were never funded and millions of dollars in deposits were lost.
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In imposing CROSSLAND’S sentence, U.S. District Judge Kenneth M. Karas noted that the crime was “really serious and it required a great deal of planning and heartlessness.”
CROSSLAND, 65, of Glendale, California, ROBINSON, 70, of Leander, Texas, and PARENTE, 54, of Buford, Georgia, each pled guilty to a one count Indictment charging them with conspiracy to commit wire fraud. CROSSLAND previously pled guilty to the one count Indictment on September 17, 2021. ROBINSON and PARENTE previously pled guilty on September 8, 2021 and July 15, 2021, respectively.
In addition to the prison terms, CROSSLAND was sentenced to three years of supervised release and ordered to pay forfeiture of $37,873 and restitution of $3,226, 950. ROBINSON was also sentenced to three years of supervised release and ordered to pay forfeiture of $17,750 and restitution of $3,226, 950. PARENTE was sentenced to three years of supervised release and ordered to pay forfeiture of $33,230 and restitution of $2,986,950.
Mr. Williams praised the outstanding investigative work of the U.S. Postal Inspection Service and Special Agents of the United States Attorney’s Office. Mr. Williams also thanked the United States Attorney’s Office for the Eastern District of Tennessee, the Knoxville, Tennessee, field office of the Federal Bureau of Investigation, and the Westchester County District Attorney’s Office for their assistance.
The case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorneys Margery Feinzig and Derek Wikstrom are in charge of the prosecution.
Super PAC and its President Plead Guilty to Dark Money Scheme to File False Reports with the FECRead the Press Release
A Super PAC and its president pleaded guilty today to scheming to lie to the Federal Election Commission (FEC) about the true identities of donors.
According to court documents, Joseph Fuentes-Fernandez, 62, of Arlington, Virginia, and the Super PAC for which he served as president and treasurer, Salvemos a Puerto Rico, pleaded guilty today before U.S District Judge Joseph N. Laplante to one count of scheming to falsify and conceal material facts.
According to the admissions made in connection with their pleas, Fuentes was the president and treasurer of Salvemos a Puerto Rico, which was organized to raise funds to support the 2020 election campaign of Public Official-1, then a candidate for office in the executive branch of the government of Puerto Rico. Soon after Salvemos a Puerto Rico was organized, Fuentes and others also formed two shell § 501(c)(4) nonprofit social welfare organizations. These two § 501(c)(4) entities were registered within seven minutes of each other, listed the same mailing address, and shared some of the same officers.
Fuentes and others solicited hundreds of thousands of dollars of donations to the two shell nonprofit entities, which rapidly sent most of those funds on to Salvemos a Puerto Rico. Fuentes and Salvemos a Puerto Rico then reported to the FEC that the nonprofit organizations were the donors of those funds, rather than reporting the true source of the funds. The purpose of routing these donor funds through the nonprofit organizations was exclusively to conceal the true identities of the donors to Salvemos a Puerto Rico. For example, in October 2020, Fuentes sent this text message to a potential donor: “You can use a third party to not disclose the true donor.” By ensuring that many of the true donors to Salvemos a Puerto Rico remained anonymous, Fuentes and Salvemos a Puerto Rico deprived the people of the Commonwealth of Puerto Rico and the FEC of information about the true source of hundreds of thousands of dollars flowing into the Commonwealth of Puerto Rico’s political system.
In connection with its plea, Salvemos a Puerto Rico has agreed to pay a fine of $150,000 and file amended Reports and Receipts and Disbursements with the FEC containing the true identity of all donors to Salvemos a Puerto Rico from 2020 to the present.
Fuentes and Salvemos a Puerto Rico are scheduled to be sentenced on Aug.15. Fuentes faces a maximum of five years in prison. 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 W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI’s San Juan Field Office made the announcement.
The FBI’s San Juan Field Office is investigating the case.
Trial Attorney Jonathan E. Jacobson of the Justice Department’s Public Integrity Section and Assistant U.S. Attorney Seth A. Erbe for the District of Puerto Rico are prosecuting the case.
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Super PAC and its President Plead Guilty to Dark Money Scheme to File False Reports with the FECRead the Press Release
A Super PAC and its president pleaded guilty today to scheming to lie to the Federal Election Commission (FEC) about the true identities of donors.
According to court documents, Joseph Fuentes-Fernandez, 62, of Arlington, Virginia, and the Super PAC for which he served as president and treasurer, Salvemos a Puerto Rico, pleaded guilty today before U.S District Judge Joseph N. Laplante to one count of scheming to falsify and conceal material facts.
According to the admissions made in connection with their pleas, Fuentes was the president and treasurer of Salvemos a Puerto Rico, which was organized to raise funds to support the 2020 election campaign of Public Official-1, then a candidate for office in the executive branch of the government of Puerto Rico. Soon after Salvemos a Puerto Rico was organized, Fuentes and others also formed two shell § 501(c)(4) nonprofit social welfare organizations. These two § 501(c)(4) entities were registered within seven minutes of each other, listed the same mailing address, and shared some of the same officers.
Fuentes and others solicited hundreds of thousands of dollars of donations to the two shell nonprofit entities, which rapidly sent most of those funds on to Salvemos a Puerto Rico. Fuentes and Salvemos a Puerto Rico then reported to the FEC that the nonprofit organizations were the donors of those funds, rather than reporting the true source of the funds. The purpose of routing these donor funds through the nonprofit organizations was exclusively to conceal the true identities of the donors to Salvemos a Puerto Rico. For example, in October 2020, Fuentes sent this text message to a potential donor: “You can use a third party to not disclose the true donor.” By ensuring that many of the true donors to Salvemos a Puerto Rico remained anonymous, Fuentes and Salvemos a Puerto Rico deprived the people of the Commonwealth of Puerto Rico and the FEC of information about the true source of hundreds of thousands of dollars flowing into the Commonwealth of Puerto Rico’s political system.
In connection with its plea, Salvemos a Puerto Rico has agreed to pay a fine of $150,000 and file amended Reports and Receipts and Disbursements with the FEC containing the true identity of all donors to Salvemos a Puerto Rico from 2020 to the present.
Fuentes and Salvemos a Puerto Rico are scheduled to be sentenced on Aug.15. Fuentes faces a maximum of five years in prison. 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 W. Stephen Muldrow for the District of Puerto Rico, and Special Agent in Charge Joseph González of the FBI’s San Juan Field Office made the announcement.
The FBI’s San Juan Field Office is investigating the case.
Trial Attorney Jonathan E. Jacobson of the Justice Department’s Public Integrity Section and Assistant U.S. Attorney Seth A. Erbe for the District of Puerto Rico are prosecuting the case.
Statement of U.S. Attorney Breon Peace on United States v. Úsuga DavidRead the Press Release
"Good afternoon, I’m Breon Peace, the United States Attorney for the Eastern District of New York. Thank you all for being here this afternoon in person and online.
With me today are: Anne Milgram, Administrator for the Drug Enforcement Administration, Ricky J. Patel, Acting Special Agent in Charge, Homeland Security Investigations, New York office, from the FBI New York field office, we have Michael Driscoll, Assistant Director in Charge, from the NYPD we have Captain Thomas Kelly, Commanding Officer of the Drug Enforcement Task Force, Chief Marshal Vincent DeMarco from the United States Marshals Service, Captain Michael Sumnick from New York State Police; and my US Attorney’s Office team, AUSAs Gillian A. Kassner Tara B. McGrath and paralegal Sophia Cronin
We are here today to announce the extradition from Colombia of one of the most dangerous, most-wanted drug kingpins in the world, Dairo Antonio Úsuga David (also known as “Otoniel”), to whom murder was meaningless, and violence the ultimate currency.
For the last decade, Úsuga David has been the principal leader of the Clan Del Golfo, or CDG, the most powerful paramilitary and drug trafficking cartel in Colombia. He is responsible for trafficking vast amounts of cocaine—measured in tons, not pounds or kilograms; for earning enormous profits, measured in billions, not millions; and for overseeing an army of henchmen who murdered, kidnapped and tortured victims—including Colombian law enforcement and military personnel—to maintain control of the cartel and the regions where it operates.
His direct orders to his thousands of military-clad followers sent a ripple effect of drugs, death, and destruction to every community his cocaine shipments touched, from Colombia to right here in the Eastern District of New York. Today, he will finally face justice in a federal courtroom in Brooklyn for charges based on his role as the supreme leader of the cartel.
Úsuga David is charged in a three-count superseding indictment with leading a Continuing Criminal Enterprise from June 2003 through October 2021 and participating in an international conspiracy to manufacture and distribute cocaine, knowing and intending that the narcotics would be illegally imported into the United States.
Those are the charges, and the details about Úsuga David and his lethal organization are chilling. The CDG is one of the largest distributors of cocaine in the world.
Also known as “Los Urabeños” or “Clan Úsuga,” they are based in the Urabá region of Antioquia, Colombia, with an army of thousands of members (at its peak, around 6,000). To put that in perspective, he had more employees than the Boston and Miami police departments combined.
On the screen is a map of Colombia and a corridor of countries ultimately leading to the United States. In red, you can see the expansive territory under CDG control, much of which consisted of coastline. Within the territory under CDG control, you can see the Antioquia region, which served as the CDG’s base. You can see the Gulf of Uruba and three important port cities along the Pacific Ocean to the left and the Caribbean Sea to the right. You can see that the CDG territory is in the northwest part of the country, in closer proximity to the United States, and that these port cities provided direct access to waterways from which vessels could depart. And by the blue dotted lines, you can see some of the cocaine export routes departing from these areas that the CDG utilized to smuggle drugs into the United States.
Úsuga David’s cartel imported outrageous quantities of cocaine into the United States. The indictment charges more than 40 instances—40—where his cartel exported a ton or more of cocaine from Colombia. The CDG exports and coordinates the production, purchase, and transfer of weekly, multi-ton shipments of cocaine from Colombia into Central America and Mexico for ultimate importation into the United States. Law enforcement has intercepted some of these shipments, including over 10 tons of cocaine seized on boats off the coast of Panama and within a jungle region in Colombia.As a high-ranking leader within the CDG since its inception and its CEO for the past decade, Úsuga David directed his army to commit brutal acts of violence, terror, and retaliation; to exert control over vast territorial regions of Colombia and its people; and to export staggering quantities of cocaine destined for the United States. This was incredibly lucrative and earned Úsuga David and his cartel billions in drug proceeds.
The illicit drugs that were sent into the United States caused addiction, violence and death, and tragically eroded the quality of life for residents of the communities affected, including many within the greater New York City area, and the nation more broadly.
The CDG’s drug trafficking activities funded and enabled Úsuga David’s rise to power. The CDG has used military tactics and weapons to control the most lucrative cocaine trafficking region within Colombia. Úsuga David’s paramilitary organization—thousands of soldiers, including “sicarios,” or hitmen - murdered, assaulted, kidnapped, tortured, and assassinated at Usuga David’s direction. and the CDG imposed a “tax” on any drug traffickers operating in its territory, charging fees for every kilogram of cocaine manufactured, stored, or transported through the region.
Úsuga David’s violence included public demonstrations of his power and repression of innocent civilians. He imposed mandatory shutdowns or “strikes,” a kind of Martial law where he ordered that all businesses in CDG-controlled territory remain closed and Colombian citizens within those regions had to remain at home. He ordered CDG soldiers to execute anyone who disobeyed the shutdowns’ rules.
At Úsuga David’s direction, the CDG also carried out organized campaigns (which they called “Plan Pistolas”) to kill Colombian law enforcement and military personnel using military-grade weapons, including grenades, explosives, and assault rifles, and to assassinate individuals who were believed to be cooperating with law enforcement. On numerous occasions, Úsuga David personally ordered the murder and torture of individuals deemed to be enemies of the CDG.
For years, Úsuga David evaded capture by moving through a web of rural safe houses in the jungles of Colombia and avoiding modern technology - living off the grid. At the same time, with an army of ruthless sicarios at his command, Úsuga David was able to expand the CDG’s territory and power. He believed he was essentially untouchable. Until now.
Úsuga David’s capture was the result of an extensive joint campaign by the Colombian National Police, Colombian Air Force, and National Army of Colombia that began in 2016. Prior to Úsuga David’s arrest, the Colombian government offered a $800,000 reward for information regarding his whereabouts and the United States offered a $5 million bounty for information leading to his arrest. Úsuga David was ultimately captured on October 23, 2021, in a rural hideout in Antioquia province, Colombia, near the Colombia-Panama border, following an operation involving 500 soldiers and 22 helicopters. President Ivan Duque of Colombia described the operation as “the biggest penetration of the jungle ever seen in the military history of our country.”
A case like this one requires an army of its own, and I am grateful to the work of my office and our partners, for putting an end to his reign of terror, and giving hope to the people of Colombia for a better, safer future.
To the people of Colombia: we are committed to seeking the truth about Úsuga David’s crimes and those who helped him, ensuring that they face consequences for those crimes, and recovering ill-gotten gains to return to the victims and their families.
I’d like to give special thanks to the DEA, HSI, NYPD and FBI Agents on this case; and to the United States Marshals Service for taking the lead in ensuring that the defendant is held securely and safely in the district while he awaits trial.
I’d like to extend my deep gratitude to the President of Colombia, the Colombian Attorney General’s Office, the Colombian National Police, the Ministry of National Defense, the Ministry of Justice, and the Ministry of Foreign Affairs. The Republic of Colombia and its law enforcement officers have risked, and too often lost, their lives in the pursuit of this evildoer. And the Colombian people have suffered greatly at the hands of Úsuga David and the CDG. We will honor their sacrifice and honor Colombia’s commitment to combat narco-trafficking by pursuing justice in this case for the victims and their families.
I’d also like to acknowledge the tremendous work by the Justice Department’s Office of International Affairs and the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attachés in Bogotá, Colombia and DOJ Narcotic and Dangerous Drug Section Special Operations Division Trial Attorneys.
Finally, I’d like to thank the U.S. Attorney’s Offices in the Southern District of Florida, the Middle District of Florida, the Eastern District of Texas, and the Southern District of New York, for collaborating with us in this case. Prosecutors from those offices have demonstrated extraordinary professionalism and dedication by offering their assistance in furtherance of the case here in the Eastern District of New York."
Watch the video of the press conference here.
South Hills Pharmacist Sentenced to Prison for Prescription Drug Fraud SchemeRead the Press Release
PITTSBURGH, PA - A resident of Venetia, Pennsylvania, has been sentenced in federal court to one year in prison, two years of supervised release, a fine of $10,000, and ordered to pay $649,524 in restitution on his conviction of obtaining controlled substances by fraud, misbranding of drugs, and health care fraud conspiracy, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge David Steward Cercone imposed the sentence on Timothy W. Forester, 46.
Forester pled guilty on September 17, 2021. Forester owned and operated four pharmacies in the Pittsburgh region. Forester would order scheduled narcotics, mostly oxycodone and hydrocodone, from suppliers, intercept those deliveries, falsify pharmacy inventories and transport the drugs to his residence, where he would consume them. In addition, Forester would place labels for brand named drugs on bottles of generic drugs, and bill insurance companies and customers as if the drugs were the higher priced brand drugs. Finally, he would change the computer billing codes for drugs to falsely represent to payors that the drugs were brand, resulting in a much higher reimbursement.
Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.
The investigation leading to the filing of charges in this case was conducted by the Western Pennsylvania Opioid Fraud and Abuse Detection Unit, which combines personnel and resources from the following agencies to combat the growing prescription opioid epidemic: Federal Bureau of Investigation, U.S. Health and Human Services – Office of Inspector General, Drug Enforcement Administration, Internal Revenue Service-Criminal Investigations, Pennsylvania Office of Attorney General - Medicaid Fraud Control Unit, United States Postal Inspection Service, U.S. Attorney’s Office – Criminal Division, Civil Division and Asset Forfeiture Unit, Department of Veterans Affairs-Office of Inspector General, Food and Drug Administration-Office of Criminal Investigations and the Pennsylvania Bureau of Licensing.
Scranton Man Sentenced to 60 Months’ Imprisonment for Drug TraffickingRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Cory O’Connor, age 33, of Scranton, Pennsylvania, was sentenced yesterday to 60 months’ imprisonment to be followed by 4 years of supervised release by United States District Court Judge Robert D. Mariani for drug trafficking.
According to United States Attorney John C. Gurganus, O’Connor previously pleaded guilty to possessing with the intent to distribute over 50 grams of methamphetamine. During an October 2020 execution of a search warrant at O’Connor’s residence, approximately 112 grams of methamphetamine was seized. O’Connor also admitted that he had earlier possessed a firearm in connection with this case.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Lackawanna County District Attorney’s Office, and the Scranton Police Department. Assistant United States Attorney James Buchanan and Special Assistant United States Attorney Brian Gallagher prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Recognizing Missing and Murdered Indigenous Persons Awareness Day in AlaskaRead the Press Release
ANCHORAGE – Today the U.S. Attorney’s Office for the District of Alaska joins with communities across Alaska in shining a spotlight on Missing and Murdered Indigenous Persons (MMIP) Awareness Day.
“Generations of Alaska Natives have experienced violence or mourned a murdered or missing loved one for far too long,” said U.S. Attorney S. Lane Tucker of the District of Alaska. “Today we reaffirm our commitment to Tribes across Alaska to help find lasting solutions to the MMIP challenge in our state. Working in partnership with Tribal, federal, state and local agencies, we can and must find a way to address the disproportionately high number of missing or murdered Indigenous people as well as help bring answers and justice for the victims and families.”
U.S. Attorney Tucker is spending today in Kotzebue joining the Maniilaq Association and Northwest Arctic Tribes in recognizing National MMIP Awareness Day. She also will join the MMIP Working Group in listening to the local concerns and needs.
“The FBI commemorates Missing and Murdered Indigenous Persons Awareness Day, recognizing the violence that affects Alaska Native and American Indian communities throughout the nation, and reaffirms our commitment to enhancing public safety in those communities,” said Antony Jung, Special Agent in Charge of the FBI Anchorage Field Office. “Today’s observance reminds us of the importance of this critical mission and the challenging work still to be done, as we are fully committed to continued and increased collaboration with our federal, state, local and tribal counterparts to support those impacted by these horrific crimes, and to protect those we serve.”
“Unfortunately, an unacceptable number of Alaska’s Indigenous persons are murdered or go missing across the state, never to be heard from again. To combat this trend earlier this year, we brought back retired Alaska State Trooper Anne Sears to work as the state’s first MMIP investigator and have dedicated six major crimes investigators to rural Alaska,” stated Alaska Department of Public Safety Commissioner James Cockrell. “While there is much more work to do, know that your Alaska Department of Public Safety is dedicated to doing our part to improve the outcomes of missing and murdered Indigenous persons investigations across Alaska. Alaska’s first people deserve nothing less.”
“Many Indigenous people throughout Alaska mourn a missing or murdered loved one without clear answers. Today, we remember the victims and honor their lives,” said Anchorage Police Chief Michael Kerle. “The Anchorage Police Department remains deeply engaged with our law enforcement partners to combat the violence that impacts our communities.”
During the last year the Alaska MMIP Working Group has continued to meet every month on a wide variety of topics ranging from challenges with MMIP data to victim services to training and recruitment of law enforcement. A priority of the Working Group is participating in listening and consultation sessions with Tribes across Alaska. So far, the group has met with 170 of Alaska’s 229 federally recognized Tribes in 11 Regions. During these sessions Tribal members share their stories, experiences and needs. This input is feeding directly into the development of the Savanna’s Act Guidelines for Alaska.
Savanna’s Act directs the U.S. Department of Justice to develop guidelines to continually improve communication and coordination among the Tribal, federal, state and local law enforcement agencies in response to MMIP situations. It also provides guidance on the collection, reporting and analysis of MMIP data, offers resource information for Tribal governments and provides best practices for culturally appropriate victim services and in returning a loved one home. These guidelines are evergreen with ongoing opportunities for input and recommendations.
The Departments of the Interior and Justice are working to implement the Not Invisible Act, sponsored by Secretary Haaland during her time in Congress. The law established the Not Invisible Act Commission, a cross jurisdictional advisory committee composed of law enforcement, Tribal leaders, federal partners, service providers, family members of missing and murdered individuals, and most importantly survivors. Today, the Department announced the Not Invisible Act Commission members.
Additionally, in March President Joe Biden signed into law the Violence Against Women Act (VAWA) Reauthorization Act of 2022 as part of a $1.5 trillion omnibus spending package. This important law expands special criminal jurisdiction of Tribal courts to cover non-Native perpetrators of sexual assault, child abuse, stalking, sex trafficking and assaults on Tribal law enforcement officers on Tribal lands and supports the development of a pilot project to enhance access to safety for survivors in Alaska Native villages. The Office of VAWA will continue to work with Tribes to address challenges in protecting survivors and responding to offenders in their communities and encourage Tribal leaders and designees to attend the 17th Annual Government-to-Government Violence Against Women Tribal Consultation in Anchorage in September.
If you know someone who is missing, it’s critical that you report it right away to 9-1-1 or your closest law enforcement. The first hours of someone missing can be vitally important. If you have questions about the U.S. Attorney’s Office MMIP program, please contact MMIP Program Coordinator, Ingrid Cumberlidge at [email protected] or [email protected] or call 907-271-3314.
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BACKGROUND:
Presidential Proclamation on Missing and Murdered Indigenous Persons Awareness Day, 2022
Justice Department and the Department of the Interior Take Important Step in Addressing Missing and Murdered Indigenous People Crisis
Not Invisible Act Commission
MMIP Information and Resources from the Human Trafficking Capacity Building Center
In July 2020, the U.S. Attorney’s Office announced hiring its first MMIP Program Coordinator. In September 2020, the Alaska MMIP Working Group was launched to address the complexities of MMIP response in Alaska. The group is a multi-disciplinary team led by the United States Attorney’s Office MMIP Coordinator, Ingrid Cumberlidge, and comprised of law enforcement, Alaska Native Tribes, and victim service representatives, including:
Tribal Members
- Central Council of Tlingit and Haida Indian Tribes of Alaska VPSO supervisors
- Tanana Chief’s Conference VPSO supervisors
- Representatives from the Alaska Department of Law
- Tanana Chief’s Conference
- Tribal representatives from Ahtna Region, Orutsararmiut Native Council, Sun’aq Tribe of Kodiak, Arctic Slope Native Association, Central Council of Tlingit and Haida Indian Tribes of Alaska, Native Village of Kotzebue, Maniilaq Association, Native Village of White Mountain Village
- MMIP Tribal Community Response Plan Pilot Sites: Curyung Tribal Council of Dillingham, the Native Village of Unalakleet and Koyukuk Native Village
Law Enforcement
- U.S. Attorney’s Office
- FBI
- U.S. Marshals
- BIA Missing and Murdered Unit
- U.S. Coast Guard
- Alaska State Troopers (MMIP Investigator, Missing Persons and Cold Case Clearinghouse and VPSOs)
- Anchorage Police Department
- Fairbanks Police Department
- Kotzebue Police Department
- Nome Police Department
- North Slope Police Department
Victim Service Providers
- Advocates from Victims for Justice
- Alaska Native Women’s Resource Center
- BIA Health and Human Services
Readout of U.S. Attorney General Merrick B. Garland’s Meeting with Five Eyes Partners and Ukraine’s Prosecutor GeneralRead the Press Release
U.S. Attorney General Merrick B. Garland met virtually yesterday with Ukraine’s Prosecutor General, Iryna Venediktova, together with the Attorneys General of the Five Eyes countries: the United Kingdom’s Attorney General, Suella Braverman; Australia’s Attorney General, Michaelia Cash; Canada’s Minister of Justice and Attorney General, David Lametti; and New Zealand’s Attorney General, David Parker.
The leaders received an update from Prosecutor General Venediktova, affirmed their solidarity with the Ukrainian people, and discussed their coordinated efforts to hold accountable individuals whose criminal actions are enabling war crimes in Ukraine. They committed to continued close consultation and coordination.
“America, and the world, are watching very closely what is happening in Ukraine. Every day, we see the heartbreaking images and read the horrific accounts of brutality,” said Attorney General Merrick B. Garland. “But there is no hiding place for war criminals. The Justice Department has a long history of holding accountable those who perpetrate war crimes. Our commitment to working with our international partners, including Ukraine’s Prosecutor General, to investigate and prosecute those responsible for atrocities in Ukraine remains steadfast. We will be relentless in our efforts to bring to justice those who facilitate the death and destruction we are witnessing in Ukraine.”
In the meeting, Attorney General Garland underscored America’s support for Ukraine’s sovereignty and territorial integrity in the face of Russia’s brutal aggression. He highlighted how the United States is continuing to surge security, humanitarian, economic, and legal assistance to Ukraine. He updated Prosecutor General Venediktova and Five Eyes partners on the actions the Justice Department is taking in coordination with international partners to further raise the costs on Russia, including through the Justice Department’s Task Force KleptoCapture. Attorney General Garland also discussed the $33 billion supplemental budget request to support Ukraine and package of legislative proposals that President Biden sent to Congress on April 28, which would enhance the Justice Department’s ability to hold the Kremlin and Russian oligarchs accountable for the ongoing invasion of Ukraine.
Providence Man Sentenced in Wide-Ranging Bank Fraud and COVID Small Business Loan SchemesRead the Press Release
PROVIDENCE, R.I. – A Providence resident was sentenced today to five years in federal prison for using the stolen personal identifying information (PII) of unsuspecting individuals to defraud banks and retailers, and for fraudulently seeking more than $3.3 million dollars in small business loans earmarked for businesses impacted by the pandemic, announced United States Attorney Zachary A. Cunha.
Courtney Hilaire, 29, pled guilty on December 20, 2021, to conspiracy to commit wire fraud, fourteen counts of wire fraud, and two counts of aggravated identity theft. He was sentenced today by U.S. District Court Judge William E. Smith to 60 months in federal prison to be followed by three years of federal supervised release.
Hilaire’s involvement in bank fraud and credit card fraud schemes was discovered by Warwick Police on July 3, 2020, when officers found Hillaire and two other men sleeping inside a stolen vehicle in the parking lot of a Warwick hotel. Inside the vehicle, officers discovered eighteen cell phones and other electronic devices; a list of identities and corresponding stolen PII; equipment used to transfer information to credit card magnetic strips; 44 counterfeit credit cards and numerous fraudulent drivers’ licenses from multiple states; and approximately $13,000 in crisp, clean $100 and $50 dollar bills.
A forensic audit of the electronic devices by Homeland Security Investigations revealed links to folders containing templates to create credit cards, fraudulent driver’s licenses, currency, and a link to lists of PII available for purchase on the “dark web.”
One month after being arrested by Warwick Police, Pawtucket Police encountered Hilaire in a rented vehicle; on this occasion, he was found to be in possession of three cell phones, nearly $3,000 in cash, and eight debit cards linked to fraudulently obtained Pennsylvania unemployment benefit accounts. A forensic audit of the cell phones revealed numerous sets of stolen PII and evidence of involvement in Small Business Administration loan fraud.
As a result of their continuing investigation into Hilaire’s fraudulent activity, Homeland Security Investigations arrested Hilaire in April 2021. During a search of his residence, agents seized $47,119 in cash; eleven cell phones and two laptop computers; and devices used to create fraudulent credit cards. When agents arrived at his residence, Hilaire was online filing a fraudulent COVID-related unemployment benefits claim with the state of Alabama. A forensic audit of the cell phones and computers found in his residence revealed that Hilaire had filed 60 fraudulent COVID Economic Injury Disaster Loan applications with eight states, including Rhode Island, with an intended loss to the program of $3,328,695. Loans totaling $328,700 were issued.
Forensic auditors also uncovered evidence that Hilaire spent time online collaborating with and counseling other would-be fraudsters, and provided them with materials and advice on committing economic fraud.
The case was prosecuted by Assistant United States Attorney William J. Ferland.
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Prison sentence for perjurer wraps up prosecution of Middle Georgia drug trafficking conspiracyRead the Press Release
MACON, GA: Thirteen defendants have been sentenced to terms of up to 15 years in prison after an extensive operation that targeted a middle Georgia drug trafficking conspiracy.
Eight men and four women were indicted in February 2021 under Operation Breaking the Bond, an Organized Crime Drug Enforcement Task Force investigation centered in the Bibb County area, said David H. Estes, U.S. Attorney for the Southern District of Georgia. The U.S. Attorney’s Office for the Middle District of Georgia was recused from the case, which was prosecuted by the Southern District of Georgia U.S. Attorney’s Office. All 12 of the indicted defendants entered guilty pleas to felony charges related to the conspiracy, and a 13th pled guilty to perjury related to the case.
Middle District of Georgia Judge Marc T. Treadwell sentenced the operation’s lead defendant, Prentice Bond, a/k/a “P,” a/k/a “Peze,” 36, of Macon, to 180 months in prison, followed by five years of supervised release, after Bond pled guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack Cocaine, and Marijuana, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
After sentencing all 12 defendants in the conspiracy, Judge Treadwell also sentenced Tommie Lanardo Holloway, a/k/a “Kane,” 36, of Kathleen, Ga., to 15 months in prison after Holloway pled guilty to Perjury, admitting that he lied during a hearing in District Court when he claimed ownership of four firearms found in Bond’s residence when he knew Bond owned and possessed the guns.
“Operation Breaking the Bond is an outstanding example of a complex, meticulous investigation aimed at identifying and eliminating drug trafficking and the violent criminal activity it spawns,” said U.S. Attorney Estes. “Our office was honored to serve on behalf of the citizens of the Middle District of Georgia to take these felons off the streets.”
As described in court documents and testimony, Operation Breaking the Bond started in mid-2019 to target sources of illegal drugs brought into and distributed in the Macon area. The investigation led to a series of searches in which large amounts of cocaine, crack cocaine, oxycodone, and marijuana were seized, along with nearly $97,000 in cash, a machine for pressing kilo-sized “bricks” of cocaine, money counters, scales, and drug packaging materials. Investigators also seized 39 illegally possessed firearms, ranging from pistols and shotguns to assault-style rifles.
In addition to Bond, defendants who pled guilty in the case and have been sentenced include:
- Travis Robinson, a/k/a “T-Roc,” 46, of Fairburn, Ga., sentenced to 80 months in prison, followed by three years of supervised release, after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine;
- Xavier Cross, a/k/a “Ro,” a/k/a “Kairo,” 46, or Macon, sentenced to 100 months in prison followed by three years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack Cocaine, and Marijuana; and Possession of Firearms by a Convicted Felon;
- Charles Seang, 29, of Lilburn, Ga., sentenced to 37 months in prison followed by two years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Marijuana;
- Chester Hall, a/k/a “Cheeseburger,” a/k/a “Cheese,” 41, of Macon, sentenced to 60 months in prison followed by three years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack Cocaine, and Marijuana;
- Geneva Harvey, 40, of Macon, sentenced to 57 months in prison followed by two years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack Cocaine, and Marijuana;
- Shaneka Jackson, 44, of Macon, sentenced to 12 months plus one day in prison followed by one year of supervised release after pleading guilty to Misprision of a Felony;
- Rodreco Jones, a/k/a “Freako,” a/k/a “Rico,” 40, of Macon, sentenced to 84 months in prison followed by three years of supervised release after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute 50 Kilograms or More of Marijuana;
- Earnest Milline, a/k/a “Rome,” a/k/a “Jerome,” 63, of Macon, sentenced to 24 months in prison after pleading guilty to Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine, Crack Cocaine, and Marijuana;
- Morgan Allison, 23, of Macon, sentenced to 14 months in prison followed by three years of supervised release after pleading guilty Possession with Intent to Distribute Cocaine;
- George Leverett, 29, Macon, was sentenced to two years of probation after pleading guilty to Conspiracy to Possess with Intent to Distribute, and to Distribute, Cocaine, Crack Cocaine, and Marijuana; and,
- Tawana Daniels, 41, of Fairburn, Ga., was sentenced to three years of probation after pleading guilty to Misprision of a Felony.
“The convictions of those poison peddlers convicted as a result of Operation Breaking the Bond will have an impact on the drug trade in Middle Georgia,” said Bibb County Sheriff David J. Davis. “These convictions should be a message to anyone thinking of engaging in drug trafficking that they will be made to face justice. We can all be proud of the hard work of the investigators and prosecutors to put these criminals behind bars.”
“This poly-drug distribution network was responsible for distributing a vast amount of illegal drugs to countless numbers of drug users,” said Robert J. Murphy, the Special Agent in Charge of the DEA Atlanta Field Division. “Thanks to the dedicated efforts between DEA and its law enforcement partners, these defendants will spend well-deserved time in prison.”
“As this exhaustive investigation comes to a close, the FBI would like to thank our federal, state, and local law enforcement partners for all of their hard work and commitment to ending this drug trafficking conspiracy,” said Keri Farley, Special Agent in Charge of FBI Atlanta. “With the removal of drugs, weapons, and 13 defendants from the streets, the citizens of Bibb County will be immediately safer.”
“Illegal drugs and illegally possessed firearms have no place in Georgia. They are dangerous and threaten the safety of our communities,” said Vic Reynolds, Director of the Georgia Bureau of Investigation. “We will continue to work diligently along with our local and federal partners to investigate and dismantle drug trafficking organizations.”
The operation was conducted by the U.S. Drug Enforcement Administration, the FBI, the Georgia Bureau of Investigation, the Bibb County Sheriff’s Office Narcotics Unit, the Peach County Sheriff’s Office, the Braselton Police Department and the Union City Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Marshals Service, and prosecuted for the United States by Southern District of Georgia Assistant U.S. Attorneys Noah J. Abrams and OCDETF Coordinator Marcela C. Mateo.
The case was investigated under the Organized Crime Drug Enforcement Task Forces 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.
Pittsburgh Man Pleads Guilty to Illegal Gun Possession a Gun and Dealing Fentanyl/Cocaine MixtureRead the Press Release
PITTBURGH, PA - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to charges of violating federal narcotic and firearms laws, United States Attorney Cindy K. Chung announced today.
Hazeon Kidd, age 21 of the City’s Highland Park neighborhood, pleaded guilty to three counts before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that on May 13, 2021, there was a shooting in Clairton, and Allegheny County Police detectives responded. They were following a separate vehicle, which had a brief interaction with a red Kia automobile occupied by four individuals. When the detectives drove by the Kia, which was parked, one of the detectives saw Jamiel Green and recognized him as someone who was wanted. Green had two outstanding warrants. The detectives then got out of their car and approached the Kia on foot. As they approached, Green got of the vehicle and began to run. A detective tased him and found a gun on his person. Green is a felon and therefore precluded under federal law from possessing a firearm.
When the detectives went back to the vehicle, they observed multiple firearms in plain view. Each of the three remaining occupants of the red Kia had a loaded firearm. Kidd was not a felon, but he admitted that he is a regular user of marijuana and was smoking on the day of the arrest. Users of illegal narcotics are not permitted under federal law to possess firearms.
Also found on Kidd’s person was what later laboratory results confirmed was thirteen grams of a fentanyl and cocaine mixture. The detectives also found more than $10,000 in the vehicle and other evidence indicating that the occupants were involved in drug trafficking. Kidd was arrested that day and he was released on bond. The conditions of bond included, among other conditions, that the defendant not violate any federal law.
Despite that condition, the defendant continued to sell fentanyl and cocaine. The North Huntington Police Department developed a confidential informant who indicated that he regularly purchased drugs from an individual later identified as the defendant. The confidential informant, working under the direction of the North Huntington Police Department contacted the defendant via cell phone and arranged for a three-gram purchase for $600. Ultimately, the transaction occurred outside of a hotel room and the detective was able to observe the transaction. Directly after the transaction, officers arrested Kidd. Kidd was in possession of the pre-recorded buy money and the cell phone he used to arrange for the transaction. The State Police laboratory determined that substance purchase from Kidd was a fentanyl and cocaine mixture, and that the weight was approximately three grams.
Judge Bissoon scheduled sentencing for August 24, 2022, at 1:45 p.m.. The law provides for a term of imprisonment not more than 45 years in prison, a fine of $2,250,000, or both.
Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court remanded to the custody of the U.S. Marshals Service.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Allegheny County Police Department and the North Huntington Police Department conducted the investigation that led to the prosecution of Kidd.
Owner of St. Paul Staffing Agency Sentenced to Prison for $1 Million Tax FraudRead the Press Release
ST. PAUL, Minn. – A Woodbury woman was sentenced to 15 months in prison and ordered to pay $1,019,572.12 in restitution to the IRS for filing false federal income tax returns, announced United States Attorney Andrew M. Luger.
According to court documents, during tax years 2017 through 2018, Shoua Isabelle Yang, 45, the owner and operator of Atwork Staffing Inc., a staffing agency that provided temporary workers for multiple business clients, caused the agency not to properly withhold, account for, and pay over accurate payroll taxes, including federal income taxes and Social Security and Medicare taxes. Yang caused quarterly IRS Forms 941 to be completed and filed that were willfully and deliberately false, in that they did not report all employees employed by Atwork Staffing and did not report all payroll taxes owed by Atwork Staffing. Yang also caused Atwork Staffing to pay a portion of its employees’ salaries in cash and not report the true payroll on the Forms 941 filed on behalf of Atwork Staffing. Yang also filed IRS Forms 1120 corporate tax returns that were false in that they underreported her agency’s gross receipts as well as the true amount of payroll expenses for the wages paid to her employees. Yang’s tax fraud resulted in a total tax loss of $1,019,572.12.
On November 10, 2021, Yang pleaded guilty to two counts of filing a false federal income tax return. Yang was sentenced earlier today by U.S. District Judge Eric C. Tostrud.
This case is the result of an investigation by IRS Criminal Investigation Division.
This case was prosecuted by Assistant U.S. Attorney Matthew S. Ebert.
Owner of St. Cloud Press Bar Pleads Guilty to ArsonRead the Press Release
ST. PAUL, Minn. – Andrew Charles Welsh has pleaded guilty to intentionally setting fire to the Press Bar and Parlor as part of a scheme to obtain insurance money, announced U.S. Attorney Andrew M. Luger.
According to court documents, Welsh, 42, owner and operator of the Press Bar and Parlor located in St. Cloud, maintained a business owner’s insurance policy on the business. On February 17, 2020, as part of a scheme to fraudulently obtain insurance money, Welsh used gasoline to set a fire in his office located in the basement of the Press Bar. The fire eventually spread and resulted in the total destruction of the building as well as other losses.
On February 24, 2020, Welsh retained a Public Insurance Adjuster to assist in the preparation, presentation, and adjustment of insurance claims related to the fire at Press Bar. On February 26, 2020, Welsh, through the Public Insurance Adjuster, claimed that he was entitled to payment from the insurance company in the amount $1,430,123.28 for property damage and other losses related to the February 17, 2020, fire. Welsh admitted that in submitting the insurance claim, he falsely stated that “said loss did not originate by any act, design, or procurement on the part of your insured,” when, as Welsh knew, his arson of the Press Bar caused the loss for which he sought compensation.
Welsh pleaded guilty today before U.S. District Judge Eric C. Tostrud to one count of arson. A sentencing date has not been set.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the St. Cloud Police Department, the St. Cloud Fire Department, and the Minnesota State Fire Marshals, Stearns County Sheriff’s Office, with assistance from the Stearns County Attorney’s Office.
Assistant U.S. Attorneys Nathan H. Nelson and Evan B. Gilead are prosecuting the case.
Omaha Man Sentenced to 84 Months for Distribution and Possession of Child PornographyRead the Press Release
United States Attorney Jan Sharp announced that Kevin Watson, age 43, of Omaha, Nebraska, was sentenced today in federal court in Omaha for distribution and possession of child pornography. United States District Court Judge Brian C. Buescher sentenced Watson to 84 months of imprisonment. There is no parole in the federal system. After completing his term of imprisonment, Watson will begin a 5-year term of supervised release. Watson must also pay $3,000 in restitution.
On April 28, 2020, law enforcement partially downloaded a torrent file containing child pornography from Watson’s residence in Omaha. Watson had made the child pornography available for downloading. On May 8, 2020, officers executed a search warrant at Watson’s Omaha residence and obtained his laptop computer. Officers located at least 12 images and 15 videos of child pornography on the laptop. Watson admitted to possessing the child pornography on the laptop and to using FrostWire and Limewire to locate child pornography.
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 the Nebraska State Patrol.
Oil Tanker Owner and Operator Sentenced for Obstructing Justice and Concealing Deliberate PollutionRead the Press Release
Liquimar Tankers Management Services Inc. and Evridiki Navigation Inc. were sentenced after being convicted at trial on all charges, including violating the Act to Prevent Pollution from Ships, falsifying ships’ documents, obstructing a U.S. Coast Guard inspection and making false statements to U.S. Coast Guard inspectors.
U.S. District Court Judge Richard G. Andrews for the District of Delaware sentenced the corporations to a total of $3 million criminal fine, and a five-year period of probation. Evridiki was fined $2 million and Liquimar was fined $1 million.
In March 2019, the Evridiki was inspected by the Coast Guard in Big Stone Anchorage, within Delaware Bay after a delivery of crude oil. The jury found that during the inspection, Liquimar, Evridiki and the ship’s Chief Engineer, Nikolaos Vastardis, tried to deceive Coast Guard inspectors regarding the use of the ship’s oily water separator (OWS) and oil content meter (OCM), a required pollution prevention device. Chief Engineer Vastardis used a hidden valve to trap fresh water inside the sample line so that the OCM sensor registered zero parts per million concentration of oil instead of what was really being discharged overboard. The Coast Guard and government experts were able to prove that the OCM was being tricked with fresh water by analyzing historic data recovered from the machine’s memory chip. When the Coast Guard opened the OWS, they found it was inoperable and fouled with copious amounts of oil and soot. Vastardis’ conviction was upheld in December 2021 by the Third Circuit Court of Appeals, which rejected a challenge to U.S. jurisdiction over foreign vessels.
“Ocean outlaws and polluters such as these will continue to be vigorously prosecuted to the full extent of the law,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division.
At sentencing today, the government provided new evidence, based on a forensic examination of the ship’s computers, that Liquimar was also making and using fake and forged certificates regarding safety and environmental requirements. Fake certificates and fake seals, to imprint on the certificates, were e-mailed to the ship by senior shore side employees including the Designated Person Ashore – a required manager under international law who is charged with ensuring the vessel and its crew abide by the law. At least three senior employees of Liquimar were involved with creating and sending the fake certificates. The fake certificates related to the calibration of the OCM and whether pressure relief valves for the cargo were actually tested properly. A fake OCM certificate was used during the Coast Guard inspection and Vastardis was specifically asked about the validity of the certificate. The Coast Guard further discovered that the data stored on the OCM indicated the OCM was not energized on the date that the fake certificate claimed the OCM was calibrated. In addition, the certificate for the pressure relief valves was noted to be false because it had claimed that the system was tested on a date that the cargo tanks were full, which is impossible. Referring to the forged documents as the “elephant in the room” which the defendants asked judge to ignore, federal prosecutors told the court that the companies “failure to address, let along mention this willful misconduct, demonstrates that these defendants are willfully blind if not completely unrepentant.”
Senior Litigation Counsel Richard A. Udell and Senior Trial Attorney Kenneth E. Nelson, both of the Environmental Crimes Section of the Department of Justice, represented the government at trial. Assisting in the prosecution were Trial Attorney Joel La Bissonniere with the Environmental Crimes Section, and Lieutenant Commander Ben Robinson, attorney with the Coast Guard’s Office of Maritime and International Law. The Coast Guard’s Investigative Service investigated the case with assistance from the Coast Guard’s Sector Delaware Bay and Marine Safety Detachment in Lewes, Delaware.
Missouri Man Charged with Federal Hate Crime and Arson for Burning Down a ChurchRead the Press Release
The Justice Department announced that Christopher Scott Pritchard, 46, has been charged with hate crime and arson violations for burning down the Church of Jesus Christ of Latter-day Saints in Cape Girardeau, Missouri.
Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Sayler A. Fleming for the Eastern District of Missouri and Acting Special Agent in Charge Akil Davis for the FBI St. Louis Field Office made the announcement.
According to court documents, Pritchard is charged with intentionally obstructing parishioners of the church in the enjoyment of their free exercise of religious beliefs and using fire to commit a federal felony. If convicted, Pritchard faces up to 20 years in prison for obstructing the parishioners and a mandatory minimum of 10 years in prison, consecutive to any other sentence, for using fire to commit a federal felony. Pritchard also faces a fine of up to $250,000 with respect to each charge.
These charges are the result of an investigation by the Cape Girardeau County Sheriff’s Office, the FBI, the Missouri State Fire Marshal’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives. The case is being prosecuted by Trial Attorneys Shan Patel and Noah Coakley of the Justice Department’s Civil Rights Division and Assistant U.S. Attorney Paul Hahn for the Eastern District of Missouri.
For more information and resources on the department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes.
An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mexican Man Pleads Guilty to Illegal ReentryRead the Press Release
A man who illegally re-entered the United States pled guilty May 4, 2022, in federal court in Sioux City.
Miguel Rodriguez-Chavez, 38, from Mexico, was convicted of illegal re-entry as an aggravated felon.
At the plea hearing, Rodriguez-Chavez admitted that on April 21, 2021, he was arrested in O’Brien County, Iowa. Further investigation conducted by law enforcement revealed Rodriguez-Chavez as a citizen of Mexico and was previously removed from the United States on five (5) occasions; May 28, 2003, April 30, 2004, January 01, 2016, October 14, 2016, and March 19, 2020. Rodriguez-Chavez further admitted at the plea hearing that, on July 17, 2006, he was convicted in the Superior Court of Arizona, Yuma County, of Aggravated Assault with a Deadly Weapon or Dangerous Instrument, an aggravated felony.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Rodriguez-Chavez remains in custody of the United States Marshal pending sentencing. Rodriguez-Chavez faces a possible maximum sentence of 20 years’ imprisonment, a $250,000 fine, and not more than 3 years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Homeland Security Investigations and the O’Brien County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4043. Follow us on Twitter @USAO_NDIA.
McDowell County Man Sentenced to More Than 22 Years in Prison for Child Pornography CrimeRead the Press Release
BLUEFIELD, W.Va. – A McDowell County man was sentenced today to 22 and one-half years in prison, to be followed by 25 years of supervised release, for production of child pornography. Timothy Edwards, 25, of Yaeger, must also register as a sex offender upon his release from prison.
According to court documents and statements made in court, Edwards admitted that from April 2020 through February 2021 he engaged in sexual abuse of a 12-year-old girl. During that time frame, Edwards produced multiple videos of himself engaged in sexual intercourse with the minor child. He also directed the minor child to produce and send sexually explicit videos of herself to him. Edwards additionally caused the minor child to engage in live video chats during which she would send video of herself masturbating.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police and Homeland Security Investigations (HSI).
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Jennifer Rada Herrald prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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. 1:21-cr-186.
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Maryville Man Sentenced to 109 Months in Prison for Distributing and Possessing Child PornographyRead the Press Release
KNOXVILLE, Tenn. – On May 5, 2022, Katherine A. Crytzer, United States District Judge for the Eastern District of Tennessee, sentenced Bradley Todd Dixon, age 37, to serve 109 months in federal prison for distributing and possessing child pornography. Following his imprisonment, Dixon will be supervised by the United States Probation Office for 15 years and will be required to register with the state sex offender registry in any state in which he lives, works, or attends school.
According to the filed plea agreement, Dixon admitted that he distributed child pornography to others in 2016 and in 2020, in violation of 18 U.S.C. § 2522A(a)(2)(B), and possessed child pornography in 2018, in violation of 18 U.S.C. § 2252A(a)(5)(B). Forensic analyses of Dixon’s computer devices pursuant to federal search warrants uncovered images and videos and other evidence linking Dixon to the distribution of child pornography.
The case was jointly investigated by the Knoxville Police Department’s Internet Crimes Against Children Unit and the Department of Homeland Security, Homeland Security Investigations.
Assistant U.S. Attorney Matthew T. Morris represented the United States.
This case was brought forward as part of Project Safe Childhood (PSC), 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 the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.projectsafechildhood.gov.
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Maryland Man Sentenced to Seven Years in Prison on Federal Firearms ChargesRead the Press Release
WASHINGTON – Wilber Vigil-Benitez, 26, of Oxon Hill, Maryland, has been sentenced to seven years in prison for unlawfully possessing and trafficking firearms, including an assault rifle and a semi-automatic handgun with a large capacity magazine.
The announcement was made by U.S. Attorney Matthew M. Graves, Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Vigil-Benitez, also known as “Solitario,” pleaded guilty in November 2021, in the U.S. District Court for the District of Columbia, to seven counts of illegal possession of firearms. He was sentenced on May 4, 2022, by the Honorable Colleen Kollar-Kotelly.
The charges against Vigil-Benitez, who was affiliated with MS-13, arose from a law enforcement investigation that showed that he sold firearms illegally in Washington, D.C. In particular, from September 2017 to April 2018, he sold a total of 13 firearms to undercover officers with the Metropolitan Police Department. The transactions occurred outside a convenience store in Southwest Washington. The weapons included stolen firearms, an assault rifle, and a semi-automatic handgun with a large capacity magazine.
In announcing the sentence, U.S. Attorney Graves, Special Agent in Charge Jacobs, and Chief Contee commended the work of those who investigated the case. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office for the District of Columbia, including Assistant U.S. Attorneys Nihar Mohanty and Kevin Rosenberg of the Violence Reduction and Trafficking Offenses Section, and Paralegal Specialist Candace Battle.
Mark A. Totten Sworn in as United States AttorneyRead the Press Release
Mark A. TottenGRAND RAPIDS, MI – Today Mark A. Totten was sworn in as the United States Attorney for the Western District of Michigan. President Biden nominated Totten on November 12, 2021, and the U.S. Senate confirmed him on April 27, 2022. Chief U.S. District Judge Robert J. Jonker administered the oath of office this morning at the federal courthouse in Grand Rapids.
“I am honored to serve as the United States Attorney for the Western District of Michigan,” Totten said. “This office has a long history of securing justice and protecting the people of Michigan with diligence and integrity. I look forward to leading this outstanding team of dedicated attorneys and support staff and working with other partners at this important moment.”
Totten was born and raised in Kalamazoo, Michigan, where he lives today. Most recently, he served as Chief Legal Counsel in the Executive Office of the Governor for the State of Michigan. Prior to entering government service, Totten was a law professor at Michigan State University from 2008-2018, where he taught criminal law and criminal procedure. From 2011-2013 he served part-time as a Special Assistant U.S. Attorney handling criminal appeals in the office he now leads. He was a judicial law clerk on the U.S. Court of Appeals for the D.C. Circuit and began his career as an attorney in the U.S. Department of Justice, Civil Appellate Staff, in Washington, D.C. Totten received his B.A. from Cedarville College and his law degree and a Ph.D. in ethics from Yale University.
The U.S. Attorney is the chief federal law enforcement officer in the Western District of Michigan. The District covers 49 counties, including the western half of Michigan’s lower peninsula and the whole of the upper peninsula. The main office is in Grand Rapids, but the District also has staffed offices in Lansing and Marquette, and an unstaffed office in Kalamazoo. As U.S. Attorney, Totten will oversee a staff of 42 attorneys and 44 support staff.
A formal investiture ceremony will follow at a future date.
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Man Convicted of Mother’s Day 2021 Attack on his Ex-GirlfriendRead the Press Release
A federal jury convicted a Tulsa man Wednesday for breaking into a former girlfriend’s home and strangling her, announced U.S. Attorney Clint Johnson.
Anthony Lamont Mason II, 28, was found guilty of one count of assault of a former intimate and dating partner by strangling, suffocating, and attempting to strangle and suffocate in Indian Country and one count of first degree burglary in Indian Country.
“Anthony Mason posed an extreme danger to his former girlfriend and those she cares about,” said U.S. Attorney Clint Johnson. “A jury has found him guilty, and he will spend time in prison where he can no longer harm this victim or any other intimate partners. Federal prosecutors, law enforcement and victim specialists will continue to give a voice to domestic violence survivors and will work diligently to hold perpetrators of abuse accountable.”
“Protecting the public from violent criminals will always be a top priority for the FBI and our law enforcement partners,” said Special Agent in Charge Edward Gray of the FBI Oklahoma City Field Office. “This verdict makes clear that the people of Oklahoma won’t tolerate violence of any kind and demonstrates our joint commitment to bringing those who terrorize our communities to justice.”
According to court documents, Mason initially confronted the victim in violation of a protection order the morning of May 9, 2021, while she was out with her child in Broken Arrow. He was upset and asked why she wouldn’t speak to him, who she was allowing into her home, and then questioned her about her phone.
Later that day, Mason broke into the victim’s home and assaulted her. The victim was home spending Mother’s Day with several friends, her child, and her child’s friend. After her last adult friend left the residence, the victim received a call from a private number and out of concern, shut the front blinds. She then looked out the window and saw Mason approach the home. The victim tried to call 911, threw her phone under the bed, hid the children in a closet, then returned to the front of the home where Mason had forced his way through the front door. The victim’s doorbell camera captured 25 seconds of the incident, first showing a hand covering the camera then the sound of the victim’s screams and terrified pleas for him to stop.
Inside, Mason grabbed the victim by the neck, demanding to know where her phone was located. He dragged her by her hair, strangled her until she nearly blacked out, poured water over her mouth and nose, continuing to obstruct her breathing, and then hit her with what appeared to be a handle of a gun. He told the victim if she told anyone, he would kill her, and then moved towards where she had hidden the children. To protect the children, the victim tried to distract the defendant by running from the home, screaming, knowing he would follow and try to stop her. Surveillance video from a nearby home captured Mason chasing the victim down the street, throwing her to the concrete, then continuing to run from the scene.
During trial, federal prosecutors introduced numerous other domestic violence acts committed by Mason against the victim prior to the May 9, 2021, attack which showed an escalating pattern of violence. The victim reported that Mason had strangled her multiple times since March 2020, broke her driver’s side car window in anger, and broke into her home when she was not present on Feb. 27, 2021. While in her home, he turned over the victim’s mattress, rifled through her bedroom, and broke several electronic items. Mason also repeatedly violated a March 2021 protective order.
Mason also had prior domestic violence charges brought against him involving other intimate partners, including a conviction in Tulsa County District Court.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorneys Chantelle D. Dial and George Jiang are prosecuting the case.
Man Admits Conspiring to Distribute Drugs While on Federal Supervised Release for Conspiring to Distribute DrugsRead the Press Release
CAMDEN, N.J. – A New Jersey man admitted to conspiring with others to obtain and distribute several kilograms of cocaine, U.S. Attorney Philip R. Sellinger announced.
Lavinston Lamar, 40, of Bridgeton, New Jersey, pleaded guilty before U.S. District Judge Renée Marie Bumb in Camden federal court to an information charging him with one count of conspiring to distribute cocaine. Lamar also pleaded guilty to violating the conditions of his supervised release from a prior conviction for conspiring to distribute cocaine.
According to documents filed in this and other cases and statements made in court:
Lamar admitted that from June 2020 through July 13, 2021, he conspired with Carl Lee Holloway, Marvin Murphy, and others, to distribute and to possess with intent to distribute cocaine, with the intent to facilitate the sale of cocaine by Holloway to a third party for which Lamar would receive a cash payment from the third party.
On July 13, 2021, Holloway met undercover agents in a hotel room in Mount Laurel, New Jersey. Lamar and Murphy separately entered the hotel room with bags containing approximately $243,000. They briefly inspected one of the kilograms of cocaine previously brought into the room by undercover agents, after which agents entered the room and arrested Holloway, Lamar, and Murphy.
The conspiracy count to which Lamar pleaded guilty carries a maximum potential penalty of 40 years in prison and a $5 million fine. Sentencing is scheduled for Sept. 6, 2022.
Holloway and Murphy are charged by complaint with the same conspiracy. The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
U.S. Attorney Sellinger credited special agents with the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark and Special Agent in Charge Chad Plantz in San Diego, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
Líder del Violento "Clan del Golfo" Organización Narcotraficante Mutibillonaria Extraditado de Colombia para Enfrentarse a Una Acusación Formal FederalRead the Press Release
Dairo Antonio Úsuga David, conocido bajo varios aliases incluyendo "Otoniel" fue extraditado esta mañana a los Estados Unidos desde Colombia para enfrentar cargos imputados en el Distrito Este de Nueva York, de ser el líder de una empresa criminal continuada, y de participar en una conspiración internacional en la fabricación y distribución de cocaína dado su posición como jefe de una organización narcotraficante paramilitar y multibillonaria conocida como el "Clan del Golfo" (CDG). El 23 de octubre, 2021, Úsuga David fue capturado en la selva de Colombia después un operativo enorme para su captura por parte de personal de las fuerzas militares, y de orden público de Colombia. Se prevé que el acusado sea instruído formalmente de los cargos imputados en su contra esta tarde ante la Jueza Magistrada Federal Vera M. Scanlon.
“El Departamento de Justicia trabajará incansablemente junto con nuestros socios internacionales para desmantelar las organizaciones narcotraficantes más violentas y extensas y responsabilizar a quienes las dirigen,” dijo el Fiscal General Garland. “Esta extradición es un paso importante para hacer justicia a las comunidades más perjudicadas por el narcotráfico mortal y es parte de nuestros esfuerzos más amplios para proteger a nuestro país de los delitos violentos.”
Según la acusación formal, entre junio de 2003 y octubre de 2021, Úsuga David era el líder de una empresa criminal continuada responsable por exportar cargamentos de cocaína de múltiples toneladas desde Colombia a México y a Centroamérica para su importación final a los Estados Unidos. Además, Úsuga David participó en una conspiración internacional para fabricar y distribuir la cocaína, a sabiendas y con la intención de que las drogas fuesen importadas ilegalmente dentro de los Estados Unidos. Si resultase condenado por todos los cargos imputados en su contra, Úsuga David enfrenta una condena mínima obligatoria de 20 años de encarcelamiento, y un máximo estatutorio de cadena perpetua.
Breon Peace, Fiscal Federal para el Distrito Este de Nueva York, Merrick B. Garland Fiscal General de los Estados Unidos, Anne Milgram, Directora, Agencia Antidrogas de los Estados Unidos, (la DEA), Ricky J. Patel, Agente Especial Encargado en Funciones, Investigaciones de Seguridad Interna del País (HSI), Michael J. Driscoll, Director Adjunto Encargado, Oficina Federal de Investigaciones, Oficina de Nueva York, (FBI), Keechant L. Sewell, Comisaria, Departamento de la Policía de la Ciudad de Nueva York, (NYPD), y Kevin P. Bruen, Superintendente, Policía Estatal de Nueva York (NYSP), anunciaron los cargos imputados en la extradición.
"El acusado era el líder del Clan del Golfo, la organización paramilitar y narcotraficante más poderosa en Colombia durante este siglo, responsable por importar cocaína valorada en múltiples billones de dólares dentro de los Estados Unidos, contribuyendo a la violencia, el consumo y abuso de drogas, y comprometiendo la calidad de vida en cada comunidad impactada por sus envíos de cocaína desde Colombia hasta aquí en el Distrito Este de Nueva York", dijo el Fiscal Federal Peace. "Nos hemos comprometido a buscar la verdad sobre los delitos de Úsuga David y los que le ayudaron, asegurando que ellos enfrenten las consecuencias, y a recuperar sus ganancias ilícitas para devolverlas a las víctimas y a sus familias. No sólo la gente en este país han sido víctimas de Úsuga David y el Clan del Golfo, el pueblo colombiano ha sufrido demasiado por su culpa, han perdido seres queridos desde civiles inocentes a personal de las fuerzas de orden público, confinados como prisioneros dentro de sus casas, y sobrecogidos por el miedo por la violencia en todos lados. Los Estados Unidos sigue comprometido a cooperar con nuestros socios internacionales para desmantelar las organizaciones criminales transnacionales como el Clan del Golfo y frenar la marea de la destrucción causada por su producto letal y sus métodos violentos para llevar a cabo sus negocios.”
El Fiscal Peace ofreció su agradecimiento a las Oficinas de las Fiscalías Federales para el Distrito Sur de Florida, el Distrito Medio de Florida, el Distrito Este de Texas y el Distrito Sur de Nueva York, y la Oficina de Asuntos Internacionales del Departamento de Justicia y la Sección Contra Estupefacientes y Drogas Peligrosas de la División Criminal (NDDS), los Agregados Judiciales en Bogotá, Colombia, Abogados Litigantes de NDDS SOD, el Servicio de los Marshals Federales de los Estados Unidos, el Departamento de la Policía de la Autoridad Portuaria, y al Presidente de Colombia, la Oficina de la Procuraduría General de Colombia, la Policía Nacional de Colombia, el Ministerio de Defensa Nacional de Colombia, el Ministerio de Justicia de Colombia, y el Ministerio de Asuntos Exteriores de Colombia, por su ayuda en la investigación, captura y extradición del acusado.
"Este caso hoy envía un mensaje claro a los líderes de los carteles de drogas en todo el mundo - que la DEA no se detiene ante nada para investigar y desmantelar las redes criminales que amenazan la seguridad y la salud del pueblo americano" declaró la Directora de la DEA Milgram. "La DEA lleva casi 20 años investigando a Otoniel, uno de los narcotraficantes más violentos y prolíficos del mundo. Bajo su liderazgo el Clan del Golfo dejó aterrorizado al pueblo colombiano, y despachó cantidades masivas de cocaína a los Estados Unidos. Felicito a los hombres y a las mujeres de la DEA por sus muchos años de trabajo excepcional que culminó en esta extradición hoy."
“El arresto y extradición de Darío Antonio Usuga David, también conocido como ‘Otoniel’, les envía un mensaje claro a los cabecillas narcotraficantes alrededor del mundo: El orden público de Estados Unidos los rastreará y los llevará ante la justicia, independientemente de las medidas que tomen para evadir captura", dijo el agente especial encargado interino de la Oficina de Investigaciones de Seguridad Nacional, Patel. "Se alega que Otoniel controla el Clan del Golfo (CDG, por sus siglas en inglés), un notorio cartel narcotraficante colombiano responsable de la exportación de envíos de múltiples toneladas de cocaína desde Colombia y la pérdida de un sinnúmero de vidas alrededor del mundo. HSI continúa dedicándose a la desestabilización y desarticulación de organizaciones criminales transnacionales que buscan lucrarse del tráfico ilícito de narcóticos —y la extradición de hoy es un ejemplo de la cooperación inquebrantable entre HSI y nuestros socios del orden público.”
"Úsuga David era el líder de uno de los más poderosos y se puede decir una de las más violentas organizaciones paramilitares en el mundo. Alegamos que su cocaína a menudo acababa a menudo aquí en los barrios en los Estados Unidos. Sin embargo, su suerte cambió el año pasado después de que fue capturado por las fuerzas colombianas militares y de orden público. Úsuga David ahora esta mañana enfrenta su nuevo destino esta vez en el sistema de justicia penal americano, donde será obligado a responder por sus delitos" dijo el Director Adjunto Encargado Driscoll.
"Los cargos imputados hoy afirman el compromiso constante del Departamento de la Policía de la Ciudad de Nueva York de erradicar las drogas ilegales de nuestra ciudad", dijo la Comisaria Sewell. "No importa dónde o cómo este veneno se venda, nosotros estamos unidos con nuestros socios locales, estatales, federales e internacionales para el cumplimiento de las leyes en la lucha contra los narcotraficantes violentos. Teniendo eso presente damos las gracias y felicitamos al Distrito Este de Nueva York, la Administración Federal Antidrogas de los Estados Unidos, las Investigaciones Sobre Seguridad Interna del País, la Oficina Federal de Investigaciones, y a todos los demás involucrados en este caso por su trabajo excepcional."
"Doy la enhorabuena y felicito a nuestros socios por la investigación que llevó a la extradición y acusación formal contra el líder de una organización narcotraficante internacional importante. Este caso subraya nuestro compromiso de perseguir a los miembros de las organizaciones violentas que se enriquecen del tráfico de drogas ilegales, peligrosas, a los Estados Unidos y a otros países por todo el mundo," dijo el NYSP Superintendente Bruen.
El Clan del Golfo
Según los expedientes en la Corte, entre 2012 y hasta su captura por las fuerzas de orden público y militares colombianos el 23 de octubre, 2021, Úsuga David era el líder supremo del CDG.
El CDG es una de las organizaciones criminales más violentas y poderosas en Colombia, y uno de los mayores distribuidores de cocaína en el mundo. Con hasta 6,000 miembros, el CDG ejerce control militar sobre cantidades enormes de territorio en la región de Urabá en Antioquia, Colombia, una de las zonas narcotraficantes que genera más ganancias dentro de Colombia dada su proximidad a la frontera entre Colombia-Panamá y las costas Caribeñas y del Pacífico. Vestidos de uniformes militares, los miembros del CDG emplean tácticas y armas militares para reforzar su poder e incitar las guerras y la violencia contra narcotraficantes rivales, organizaciones paramilitares, y las autoridades de orden público en Colombia que amenazan el control del CDG.
El CDG paga la mayoría de sus operaciones con el narcotráfico. Entre otras cosas, impone un "impuesto" a cualesquiera narcotraficantes que operan en el territorio bajo su control, cobrando tarifas por cada kilogramo de cocaína fabricada, guardada, o transportada a través de áreas controladas por la organización. El CDG también exporta cocaína directamente, y coordina la producción, compra y traslado de cargamentos semanales o quincenales de cocaína desde Colombia a Centroamérica y México para su importación final a los Estados Unidos.
El volumen de las drogas exportadas por el CDG bajo el liderazgo de Úsuga David se muestra con las múltiples incautaciones vinculadas a la organización. Por ejemplo:
- El 12 de abril, 2021, aproximadamente 1,365 kilogramos (aproximadamente 1.5 toneladas) de cocaína fueron incautados de dos barcos fuera de las costas de Panamá:
- El 14 de abril, 2021, aproximadamente 2,609 kilogramos (aproximadamente 2.9 toneladas) de cocaína fueron incautados de una lancha rápida fuera de la costa de Panamá, y
- El 18 de julio, 2021, aproximadamente 5,463 kilogramos (aproximadamente 6 toneladas) de cocaína fueron incautados de un barco dentro de la región selvática en Colombia.
Para mantener control sobre el territorio del CDG, Úsuga David y el CDG empleaba un verdadero ejército de "sicarios" o pistoleros, que llevaban a cabo actos de violencia, incluyendo homicidios, agresiones, secuestros, torturas y asesinatos contra los competidores y los declarados traidores a la organización, además de los miembros de sus familias. Con frecuencia el CDG asesinaba y agredía a oficiales de las fuerzas colombianas de orden público, personal de las fuerzas militares colombianas, narcotraficantes rivales y paramilitares, testigos potenciales, y poblaciones civiles. Úsuga David y el CDG utilizaban la violencia para promover y ampliar el prestigio, la fama y la posición del CDG con respeto a organizaciones criminales rivales: preservar, proteger y aumentar el poder y el territorio del CDG: suministrar fondos para las operaciones del CDG y enriquecer a sus líderes a través del cobro de deudas por drogas: mantener la disciplina entre sus miembros y asociados: y proteger a los miembros del CDG de la captura y procesamiento penal al silenciar a testigos potenciales y tomando represalias contra las autoridades de orden público y contra los que ayudaban a las autoridades.
La capacidad increíble del CDG para la violencia se muestra con las múltiples incautaciones de armas de fuego vinculadas a la organización. Por ejemplo:
- El 24 de enero, 2021, armas vinculadas al CDG fueron incautadas en Medellín, Colombia, incluyendo 15 granadas propulsadas por cohetes, seis fusiles Galil, dos fusiles M4, un fusil AK-47, un fusil Remington, 10 cargadores de fusiles, y más de 1.000 cartuchos de municiones de varios calibres.
- El 30 de enero, 2021, otro alijo de armas vinculadas al CDG fue incautado en Medellín, Colombia, incluyendo cinco fusiles, 10 pistolas, un revólver, un silenciador de pistola, y más de 670 cartuchos de municiones de varios calibres: y
- El 28 de julio, 2021, armas adicionales vinculadas al CDG fueron incautadas en Medellín, Colombia, incluyendo cinco lanzagranadas, 31 fusiles, 10 pistolas semi-automáticas, cinco revólveres, 30 cargadores de fusiles, y 55 cartuchos de municiones de varios calibres.
La Conducta del Acusado
Úsuga David actuó como líder de alto nivel dentro del CDG desde su inicio, y era su líder principal durante los últimos 10 años. Durante su presunto reinado, Úsuga David supervisaba todas las actividades del CDG y daba directrices a sus miembros para participar en múltiples actos criminales, incluyendo actos de violencia, "huelgas" organizadas o cierres de todas las actividades comerciales y movimientos de poblaciones civiles dentro de regiones designadas de Colombia, represalias contra las autoridades de orden público y testigos potenciales, ejercicio de control sobre las instalaciones que fabricaban las drogas, las rutas del narcotráfico, y la exportación de cocaína en cantidades de múltiples toneladas.
Úsuga David asumío el poder y el control territorial sobre territorios enormes de la costa colombiana, y personalmente daba directrices a miembros del CDG para cometer actos de violencia para reforzar ese poder. Esto incluía violencia contra la población civil. Por ejemplo, a principios de 2012, después de la muerte del hermano de Úsuga, Juan de Dios Úsuga David (también conocido como "Giovanni"), en una redada de la Policía, Úsuga David ordenó que un cierre o "huelga" se impusiera sobre los pueblos y las comunidades dentro del control del CDG. Durante la huelga, miembros del CDG dieron órdenes a todos los negocios que se mantuvieran cerrados, y que los residentes se quedasen en sus casas. Durante varios días, las calles seguían vacías, mientras Úsuga David dio órdenes a los miembros del CDG que ejecutasen a aquéllos que no acataban a sus órdenes.
Úsuga David también personalmente dió órdenes a miembros del CDG para cometer asesinatos de individuos específicos en docenas de ocasiones, incluyendo los asesinatos de narcotraficantes rivales y miembros del CDG que le traicionaron a él o a la organización. Por ejemplo, Úsuga David ordenó el asesinato de múltiples individuos que trabajaban para una organización narcotraficante rival, liderada por Daniel Barrera Barrera. Úsuga David también ordenó la tortura y asesinato de un miembro del CDG que dio información a la organización de Barrera. Ese individuo después fue torturado, enterrado vivo, desenterrado y decapitado después de muerto.
Encima de todo eso, Úsuga David solía con frecuencia ordenar a miembros del CDG a emplear la violencia, la intimidación y el asesinato para disuadir a las autoridades de orden público de cumplir con sus cometidos y para silenciar a testigos potenciales. Por ejemplo, bajo órdenes de Úsuga David el CDG llevaba a cabo campañas organizadas, conocidas como el "Plan Pistolas" para asesinar a miembros de las autoridades de orden público y personal militar utilizando armas de calidad militar, para el asesinato de Policías Colombianos y personal militar para intimidar a las autoridades de orden público y así evitar que intentasen capturarle o interferir en los negocios del CDG. La organización de Úsuga David llevó a cabo varios intentos de asesinato de individuos que se creía estaban cooperando con las autoridades. Por ejemplo, miembros del CDG intentaron envenenar a un testigo con cianuro mientras estaba encarcelado en el extranjero, e intentaron asesinar al abogado del testigo.
Úsuga David también estaba muy involucrado en las actividades de drogas que producían los fondos para el CDG y reforzaban su poder. Supuestamente él supervisaba las exportaciones del narcotráfico del CDG y manejaba una red de "cobradores de deudas" cuyo trabajo era asegurar el cumplimiento y cobro de los impuestos pagados por las organizaciones narcotraficantes que operaban en regiones controladas por el CDG. Además, Úsuga David controlaba instalaciones para la fabricación de la cocaína y utilizaba la amplia red de distribución del CDG para exportar la cocaína de manera independiente para su propia ganancia personal.
La Captura y Extradición del Acusado
Durante años, Úsuga David evadía la captura moviéndose periódicamente a través de una red de casas de seguridad rurales y evitando el uso de un teléfono celular, apoyándose en correos humanos para la comunicación. Úsuga David fue capturado el 23 de octubre, 2021, en un escondite rural en la Provincia de Antioquia, Colombia, cerca de la frontera entre Colombia y Panamá, después de un operativo por parte de personal de Colombia militar y de las fuerzas de orden público utilizando 500 soldados y 22 helicópteros.
La extradición de Úsuga David forma parte de una investigación de los Grupos de Trabajo para el Cumplimiento de la Leyes Contra el Crimen Organizado del Narcotráfico (OCDETF). OCDETF identifica, interrumpe y desmantela a los narcotraficantes de alto nivel, los lavadores de dinero, pandillas, y organizaciones criminales transnacionales que son una amenaza para los Estados Unidos, utilizando un enfoque encabezado por Fiscales, apoyado por los servicios de inteligencia, empleando múltiples agencias que aprovechan los puntos fuertes de las agencias de orden público Federales, Estatales y Locales contra las redes criminales.
Los cargos imputados en la Acusación Formal son alegaciones, y el acusado tiene la presunción de inocencia hasta que se demuestre su culpabilidad. Si es condenado, el acusado enfrenta una condena máxima de cadena perpetua.
La causa del Gobierno está en manos de la Sección en la Oficina encargada de Estupefacientes y Lavado de Dinero Internacionales. Los Fiscales Federales Adjuntos Francisco J. Navarro, Gillian A. Kassner, y Tara B. McGrath están encargados del proceso con la ayuda de la Paralegal Especialista Sophia Cronin.
El Acusado:
DAÍRO ANTONIO ÚSUGA DAVID (también conocido como "Otoniel", "Mao", "Gallo", y Mauricio-Gallo")
Edad: 50
Antioquia, ColmbiaE.D.N.Y. Docket No. 14-CR-625 (S-4)(DLI)
Lynn Man Indicted for Mail TheftRead the Press Release
BOSTON – A Lynn man has been indicted by a federal grand jury in connection with stealing money from the mail.
Juan Murillo, 32, was indicted on one count of theft of mail by an employee of the U.S. Postal Service. Murillo was released on conditions following an initial appearance yesterday before U.S. District Court Magistrate Judge Jennifer C. Boal.
According to the indictment, on or about Sept. 23, 2021, Murillo stole money from mail which came into his possession.
The charge of theft of mail by an employee of the U.S. Postal Service provides for a sentence of up to five years in prison, up to 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 and Matthew Modafferi, Special Agent in Charge of the United States Postal Service Office of Inspector General, Northeast Area Office, made the announcement today. Valuable assistance was provided by the Harvard University Police Department. Assistant U.S. Attorney Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption & Special Prosecutions Unit, is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lebanon County Man Sentenced to 10 Months’ Imprisonment for Fraudulently Obtaining Pandemic Unemployment AssistanceRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Luis Mercado, age 44, of Lebanon, Pennsylvania, was sentenced yesterday to 10 months’ imprisonment by U.S. District Court Judge Sylvia H. Rambo, for fraudulently claiming pandemic unemployment assistance funds. Mercado was also ordered to pay $37,555 in restitution.
According to United States Attorney John C. Gurganus, Mercado began claiming Pandemic Unemployment Assistance in August 2020 despite being employed with the United States Department of Agriculture as a poultry inspector. Mercado falsely claimed that he was unemployed due to the pandemic or a major disaster, and he received benefits based on this false claim. Mercado reaffirmed his unemployment status on a weekly basis and ultimately received $37,555 in fraudulently obtained unemployment benefits. Mercado pleaded guilty to a single count of wire fraud based on his course of conduct.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was investigated by the U.S. Department of Agriculture Office of Inspector General and the U.S. Department of Labor Office of Inspector General. Assistant U.S. Attorney Paul J. Miovas, Jr. is prosecuting the case.
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Leader of the Violent "Clan del Golfo" Multi-Billion Dollar Drug Trafficking Organization Extradited from Colombia to Face Federal IndictmentRead the Press Release
According to the allegations contained in the superseding indictment, other court fillings, and statements made during court proceedings, Dairo Antonio Úsuga David, known by various aliases including “Otoniel,” was extradited this morning to the United States from Colombia to face charges in the Eastern District of New York of leading a continuing criminal enterprise and participating in an international cocaine manufacturing and distribution conspiracy for his role as the leader of the paramilitary, multibillion dollar drug organization known as the “Clan del Golfo” (CDG). On October 23, 2021, Úsuga David was arrested in the jungles of Colombia following an extensive capture operation by Colombian military and law enforcement personnel. The defendant is scheduled to be arraigned this afternoon before United States Magistrate Judge Vera M. Scanlon.
“The Justice Department will work relentlessly alongside our international partners to disrupt the most violent and extensive drug-trafficking organizations and hold accountable those who run them,” said Attorney General Garland. “This extradition is an important step in delivering justice for the communities most harmed by deadly drug trafficking and is part of our broader efforts to protect our country from violent crime.”
As alleged in court documents, between June 2003 and October 2021, Úsuga David was the leader of a continuing criminal enterprise responsible for exporting multi-ton shipments of cocaine from Colombia to Mexico and Central America for ultimate importation into the United States. Additionally, Úsuga David participated in an international conspiracy to manufacture and distribute cocaine, knowing and intending that the narcotics would be illegally imported into the United States. The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a maximum sentence of life imprisonment.
Breon Peace, United States Attorney for the Eastern District of New York, Merrick B. Garland, United States Attorney General, Anne Milgram, Administrator, U.S. Drug Enforcement Administration (DEA), Ricky J. Patel, Acting Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Keechant L. Sewell, Commissioner, New York City Police Department (NYPD), and Kevin P. Bruen, Superintendent, New York State Police (NYSP), announced the extradition and charges.
“As alleged, the defendant was the leader of the Clan del Golfo, the most powerful paramilitary and drug trafficking organization in Colombia this century, responsible for importing multibillion dollars’ worth of cocaine into the United States, fueling violence, drug abuse, and compromised quality of life in every community his cocaine shipments touched, from Colombia to right here in the Eastern District of New York,” stated United States Attorney Peace. “We are committed to seeking the truth about Úsuga David’s crimes and those who helped him, ensuring that they face consequences, and recovering ill-gotten gains to return to the victims and their families. Not only have the people of this country been victimized by Úsuga David and Clan del Golfo, the people of Colombia have suffered too much at his hands, they have lost loved ones from innocent civilians to law enforcement personnel, been kept prisoners inside their homes, and been gripped by fear of violence at every turn. The United States remains committed to cooperating with our international partners to dismantle transnational criminal organizations like the Clan del Golfo and stem the tide of destruction wrought by their lethal product and violent methods of doing business.”
Mr. Peace extended his grateful appreciation to the United States Attorneys’ Offices for the Southern District of Florida, Middle District of Florida, Eastern District of Texas, and Southern District of New York, and the Justice Department’s Office of International Affairs, the Criminal Division’s Narcotic and Dangerous Drug Section (NDDS) Judicial Attachés in Bogotá, Colombia, NDDS SOD Trial Attorneys, the United States Marshals Service, the Port Authority Police Department, and the President of Colombia, the Colombian Attorney General’s Office, the Colombian National Police, the Colombian Ministry of National Defense, the Colombian Ministry of Justice, and the Colombian Ministry of Foreign Affairs, for assistance in the investigation, arrest, and extradition of the defendant.
“Today’s case sends a clear message—to the leaders of drug cartels around the world—that the DEA will stop at nothing to investigate and dismantle criminal drug networks that threaten the safety and health of the American people,” stated DEA Administrator Milgram. “DEA has been investigating Otoniel—one of the most violent and prolific drug traffickers in the world—for almost 20 years. Under his leadership, Clan del Golfo terrorized the Colombian people and shipped massive quantities of cocaine into the United States. I commend the men and women of the DEA for their many years of outstanding work that culminated in today’s extradition.”
“The arrest and extradition of Dairo Antonio Usuga David, also known as ‘Otoniel’ sends a clear message to narco-kingpins around the globe that United States law enforcement will track you down and bring you to justice no matter what lengths are taken to evade capture,” said Homeland Security Investigations Acting Special Agent in Charge Patel. “Otoniel is alleged to control Clan del Golfo (CDG), a notorious Colombian drug cartel responsible for the exportation of multi-ton shipments of cocaine from Colombia and the loss of countless lives around the world. HSI remains dedicated to disrupting and dismantling transnational criminal organizations that seek to profit from trafficking illicit narcotics and today’s extradition exemplifies the unwavering cooperation between HSI and our law enforcement partners.”
“Úsuga David was the leader of one of the most powerful, and arguably one of the most violent, paramilitary organizations in the world. We allege his cocaine often ended up here in our neighborhoods in the United States. However, his fortunes changed last year after he was arrested by the Colombian military and law enforcement. Úsuga David now faces a new fate this morning, in the American criminal justice system, where he will be forced to answer for his crimes,” stated Assistant Director-in-Charge Driscoll.
“Today’s charges further affirm the New York City Police Department’s unwavering commitment to ridding our city of illegal drugs,” stated NYPD Commissioner Sewell. “No matter where or how this poison is peddled, we are united with our local, state, federal, and international law-enforcement partners in the fight against violent drug traffickers. To that end, I thank and commend the Eastern District of New York, the U.S. Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the New York State Police, and everyone else involved in this case for their exceptional work.”
“I congratulate and commend our partners for the investigation that led to the extradition and indictment of the leader of a major international drug trafficking organization. This case underscores our commitment to pursuing the members of violent organizations who profit off the trafficking of illegal, dangerous narcotics to the United States and other countries around the world,” stated NYSP Superintendent Bruen.
The Clan Del Golfo
According to court filings, between 2012 and through his capture by Colombian military and law enforcement forces on October 23, 2021, Úsuga David was the supreme leader of the CDG.
The CDG is one of the most violent and most powerful criminal organizations in Colombia, and it is one of the largest distributors of cocaine in the world. With as many as 6,000 members, the CDG exercises military control over vast amounts of territory in the Urabá region of Antioquia, Colombia, one of the most lucrative drug trafficking areas within Colombia due to its proximity to the Colombia-Panama border and the Caribbean and Pacific coasts. Clad in military uniforms, CDG members employ military tactics and weapons to reinforce their power and incite wars and violence against rival drug traffickers, paramilitary organizations, and Colombian law enforcement authorities who threaten the CDG’s control.
The indictment further alleges that the CDG funds its operations primarily through drug trafficking. Among other things, it imposes a “tax” on any drug traffickers operating in territory under its control, charging fees for every kilogram of cocaine manufactured, stored, or transported through areas controlled by the organization. The CDG also directly exports cocaine, and coordinates the production, purchase, and transfer of weekly and bi-weekly multi-ton shipments of cocaine from Colombia into Central America and Mexico for ultimate importation to the United States.
The volume of drugs exported by the CDG under the leadership of Úsuga David is illustrated by multiple drug seizures linked to the organization. For example:
- On April 12, 2021, approximately 1,365 kilograms (approximately 1.5 tons) of cocaine were seized from two boats off the coast of Panama;
- On April 14, 2021, approximately 2,609 kilograms (approximately 2.9 tons) of cocaine were seized from a go-fast boat off of the coast of Panama; and
- On July 18, 2021, approximately 5,463 kilograms (approximately 6 tons) of cocaine were seized from a boat within a jungle region in Colombia.
To maintain control over CDG territory, court filings allege that Úsuga David and the CDG employed a veritable army of “sicarios,” or hitmen, who carried out acts of violence, including murders, assaults, kidnappings, torture, and assassinations against competitors and those deemed traitors to the organization, as well as their family members. The CDG frequently murdered and assaulted Colombian law enforcement officers, Colombian military personnel, rival drug traffickers and paramilitaries, potential witnesses, and civilians. Úsuga David and the CDG used violence to promote and enhance the prestige, reputation, and position of the CDG with respect to rival criminal organizations; preserve, protect, and expand the CDG’s power and territory; finance the CDG’s operations and enrich its leaders through the collection of drug debts; maintain discipline among its members and associates; and protect CDG members from arrest and prosecution by silencing potential witnesses and retaliating against law enforcement authorities and those assisting law enforcement.
The CDG’s staggering capacity for violence is illustrated by multiple weapons seizures linked to the organization. For example:
- On January 24, 2021, weapons linked to the CDG were seized in Medellin, Colombia, including 15 rocket propelled grenades, six Galil rifles, two M4 rifles, one AK-47 rifle, one Remington rifle, 10 rifle magazines, and over 1,000 rounds of various caliber ammunition;
- On January 30, 2021, another cache of weapons linked to the CDG was seized in Medellin, Colombia, including five rifles, 10 handguns, one revolver, one handgun silencer, and more than 670 rounds of various caliber ammunition;
- On July 28, 2021, additional weapons linked to the CDG were seized in Medellin, Colombia, including five grenade launchers, 31 rifles, 10 semiautomatic handguns, five revolvers, 30 rifle magazines, and 55 rounds of various caliber ammunition.
The Defendant’s Conduct
According to court filings, Úsuga David served as a high-ranking leader within the CDG from its inception and was its principal leader for the past 10 years. During his alleged reign, Úsuga David oversaw all of the CDG’s activities and directed its members to engage in extensive criminal acts, including acts of violence, mandated “strikes” or shutdowns of all business activities and civilian movement within designated regions of Colombia, retaliation against law enforcement authorities and potential witnesses, the exertion of control over drug manufacturing facilities and trafficking routes, and the exportation of cocaine in multi-ton quantities.
Court documents allege Úsuga David assumed power and territorial control over vast swaths of the Colombian coastline and personally directed members of the CDG to commit acts of violence to reinforce that power. This included violence against civilians. For example, in early 2012, following the death of Úsuga David’s brother, Juan de Dios Úsuga David (also known as “Giovanni”), in a police raid, Úsuga David ordered that a multi-day shutdown or “strike” be imposed on towns and communities within the CDG’s control. During the strike, CDG members ordered that all businesses remain closed, and that residents stay in their homes. For multiple days, the streets remained empty, as Úsuga David ordered CDG members to execute those who did not adhere to his orders.
Úsuga David also personally ordered CDG members to commit murders of specific individuals on dozens of occasions, including the murders of rival drug traffickers and members of the CDG who betrayed him or the organization. For example, Úsuga David ordered the assassinations of multiple individuals who worked for a rival drug trafficking organization run by Daniel Barrera Barrera. Úsuga David also ordered the torture and murder of a CDG member who provided information to Barrera’s organization. That individual was subsequently tortured, buried alive, exhumed, and beheaded post-mortem.
In addition, Úsuga David regularly directed CDG members to use violence, intimidation, and murder to dissuade law enforcement authorities from performing their duties and to silence potential witnesses. For example, at Úsuga David’s direction, the CDG carried out organized campaigns, referred to as “Plan Pistolas,” to kill Colombian law enforcement and military personnel using military-grade weapons, including grenades, explosives, and assault rifles. Úsuga David also offered bounties for the murder of Colombian police officers and military personnel to intimidate law enforcement authorities and prevent them from capturing him or interfering in the CDG’s business. Úsuga David’s organization made numerous attempts to assassinate individuals who were believed to be cooperating with law enforcement. For example, CDG members attempted to poison a witness with cyanide while he was imprisoned overseas and attempted to assassinate the witness’s attorney.
Úsuga David was also extensively involved in the narcotics activities that funded the CDG and enabled its power. He allegedly oversaw the CDG’s drug trafficking exports and directed a network of “debt collectors” tasked with the enforcement and collection of taxes paid by drug trafficking organizations that operated in regions controlled by the CDG. In addition, Úsuga David controlled cocaine manufacturing facilities and used the CDG’s extensive distribution network to export cocaine independently for his own personal profit.
The Defendant’s Arrest and Extradition
According to court documents, for years, Úsuga David evaded capture by periodically moving through a network of rural safe houses and refraining from using a cell phone, instead relying on couriers for communication. Úsuga David was arrested on October 23, 2021, in a rural hideout in Antioquia province, Colombia, near the Colombia-Panama border, following an operation by Colombian military and law enforcement personnel involving 500 soldiers and 22 helicopters.
The extradition of Úsuga David is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a maximum sentence of life imprisonment.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorneys Francisco J. Navarro, Gillian A. Kassner, and Tara B. McGrath are in charge of the prosecution with assistance from Paralegal Specialist Sophia Cronin.
The Defendant:
Dairo Antonio Úsuga David (also known as “Otoniel,” “Mao,” “Gallo” and “Mauricio-Gallo”)
Age: 50
Antioquia, ColombiaE.D.N.Y. Docket No. 14-CR-625 (S-4) (DLI)
Kohl’s and Walmart Agree to Pay $5.5 Million in Combined Penalties for Alleged Deceptive Violations of the Textile Act and Rules and FTC Act Around the Use of BambooRead the Press Release
Today, the Department of Justice, together with the Federal Trade Commission (FTC), announced that Kohl’s Inc. (Kohl’s) and Walmart Inc. (Walmart) have agreed to pay $2.5 million and $3 million in civil penalties, respectively, in as part of settlements to resolve allegations that Kohl’s and Walmart violated the Textile Fiber Products Identification Act (Textile Act) and associated rules (Textile Rules) and the Federal Trade Commission Act (FTC Act) by making deceptive claims about products supposedly made of bamboo.
In complaints filed in the U.S. District Court for the District of Columbia, the government alleged that since 2015, Kohl’s and Walmart violated the Textile Act and Rules and the FTC Act by advertising products as made of bamboo when such products were actually made of rayon and did not contain bamboo fibers. The complaints also alleged that Walmart and Kohl’s made deceptive claims that their products supposedly made of bamboo were environmentally friendly, and that Kohl’s further claimed such products were produced free of harmful chemicals, when in fact rayon is produced using a chemical process that requires toxic chemicals and results in the emission of hazardous pollutants. Kohl’s and Walmart did so even though, in 2010, both had received letters from the FTC warning them that improperly advertising products made of rayon as bamboo violated the Textile Rules and FTC Act.
“Consumers should be able to trust retailers’ representations about the materials from which their clothes and linens are made,” said Deputy Assistant Attorney General Arun G. Rao, head of the Justice Department’s Consumer Protection Branch. “The Department of Justice will not tolerate companies that generate sales by making false claims about their textile products.”
“Kohl’s and Walmart are paying millions of dollars under the FTC’s Penalty Offense Authority for mislabeling their rayon products as bamboo,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “False environmental claims harm both consumers and honest businesses, and companies that greenwash can expect to pay a price.”
The stipulated orders require Kohl’s to pay $2.5 million and Walmart to pay $3 million in civil penalties. The orders also bar Kohl’s and Walmart from making misleading or unsubstantiated claims that products are made of bamboo or provide environmental benefits because they are derived from bamboo. More generally, the orders bar Kohl’s and Walmart from advertising textiles comprised of manufactured fibers in a way that is false or deceptive as to their constituent fibers and requires them to satisfy ongoing recordkeeping, certification and compliance obligations.
This matter is being handled by Trial Attorney Rachael Doud of the Civil Division’s Consumer Protection Branch and Miriam Lederer of the FTC.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Justice Department and the Department of the Interior Take Important Step in Addressing Missing and Murdered Indigenous Peoples CrisisRead the Press Release
Today, Secretary of the Interior Deb Haaland and Deputy Attorney General Lisa Monaco will recognize National Missing or Murdered Indigenous Persons Awareness Day with a virtual event to highlight the Not Invisible Act Commission. During the event, panelists will discuss the Missing and Murdered Indigenous Peoples crisis and the importance of the Not Invisible Act Commission in the collaborative efforts to address the crisis.
The event will be livestreamed at 2:30 PM ET today on the Interior Department’s website.
The Departments of the Interior and Justice are working to implement the Not Invisible Act, sponsored by Secretary Haaland during her time in Congress. The law established the Not Invisible Act Commission, a cross jurisdictional advisory committee composed of law enforcement, Tribal leaders, federal partners, service providers, family members of missing and murdered individuals, and most importantly — survivors. Today, the Departments announced the Not Invisible Act Commission members.
“The Justice Department is committed to addressing the crisis of missing or murdered Indigenous persons with the urgency it demands,” said Attorney General Merrick B. Garland. “That commitment is reflected in the strength of our partnerships across the federal government, including with the Department of the Interior as we take the next steps in launching the Not Invisible Act Commission. The Commissioners announced today will play a critical role in our efforts to better meet the public safety needs of Native communities. The Justice Department will continue to work alongside our Tribal partners with respect, sincerity, and a shared interest in the wellbeing of Tribal communities.”
“Everyone deserves to feel safe in their community, but a lack of urgency, transparency and coordination have hampered our country’s efforts to combat violence against American Indians and Alaska Natives,” said Interior Secretary Deb Haaland. “As we work with the Department of Justice to prioritize the missing and murdered Indigenous people’s crisis, the Not Invisible Act Commission will help address the underlying roots of the Missing and Murdered Indigenous Peoples crisis by ensuring the voices of those impacted by violence against Native people are included in our quest to implement solutions.”
The Not Invisible Act Commission will make recommendations to the Departments of the Interior and Justice to improve intergovernmental coordination and establish best practices for state, Tribal, and federal law enforcement, to bolster resources for survivors and victim’s families, and to combat the epidemic of missing persons, murder, and trafficking of Native American, Alaska Native, and Native Hawaiian people.
Among its missions, the Commission will:
- Identify, report and respond to instances of missing and murdered Indigenous peoples (MMIP) cases and human trafficking,
- Develop legislative and administrative changes necessary to use federal programs, properties, and resources to combat the crisis,
- Track and report data on MMIP and human trafficking cases,
- Consider issues related to the hiring and retention of law enforcement offices,
- Coordinate Tribal-state-federal resources to combat MMIP and human trafficking offices on Indian lands, and
- Increase information sharing with Tribal governments on violent crimes investigations and other prosecutions on Indian lands.
The Commission has the authority to hold hearings, gather testimony, and receive additional evidence and feedback from its members to develop recommendations for the Secretary and Attorney General.
Justice Department Seeks Forfeiture of Los Angeles Mega-Mansion Purchased with Proceeds of Armenian Corruption SchemeRead the Press Release
The United States is seeking the forfeiture of a more than 30,000-square-foot mega-mansion in the Holmby Hills neighborhood of Los Angeles, pursuant to a civil forfeiture complaint filed that alleges that the mansion was purchased with bribes paid by an Armenian businessman to the family of Gagik Khachatryan, a former high-ranking Armenian public official.
Gagik Khachatryan, 66, who was known as the “Super Minister,” because of his significant responsibilities, served as Chairman of the State Revenue Committee of the Republic of Armenia from 2008 to 2014 and as Minister of Finance for the Republic of Armenia from 2014 to 2016. In the complaint, which was filed Monday in U.S. District Court for the Central District of California, the United States alleges that businessman Sedrak Arustamyan paid Khachatryan and his family more than $20 million in bribes in exchange for favorable tax treatment of his businesses. The bribe payments allegedly were used to purchase the Holmby Hills property, which had been recently listed for sale for $63,500,000.
Gagik Khachatryan and his sons are charged in Armenia with receiving bribes in violation of the criminal code of the Republic of Armenia. Criminal charges are also pending in Armenia against Arustamyan for paying bribes.
This matter was investigated by the FBI's Eurasian Organized Crime Task Force (EOCTF) and the U.S. Marshals Service. The Republic of Armenia’s Prosecutor General’s Office and National Security Service provided critical assistance. The EOCTF is composed of multiple law enforcement agencies including the FBI, IRS-Criminal Investigation, the U.S. Postal Inspection Service, the Glendale Police Department, the Los Angeles Police Department, and the Los Angeles County Sheriff's Department.
Trial Attorney D. Hunter Smith of the Kleptocracy Asset Recovery Initiative of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Maxwell Coll for the Central District of California are litigating the forfeiture.
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in the Criminal Division’s Money Laundering and Asset Recovery Section, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to [email protected] or visit https://tips.fbi.gov/.
A civil complaint is merely an allegation, and the government has the burden of establishing the assets are subject to forfeiture by a preponderance of the evidence.
Justice Department Seeks Forfeiture of Los Angeles Mega-Mansion Allegedly Purchased with Proceeds of Armenian Corruption SchemeRead the Press Release
LOS ANGELES – The United States is seeking the forfeiture of a more than 30,000-square-foot mega-mansion in the Holmby Hills neighborhood of Los Angeles, pursuant to a civil forfeiture complaint that alleges the mansion was purchased with bribes paid by an Armenian businessman to the family of Gagik Khachatryan, a former high-ranking Armenian public official.
Khachatryan, 66, who was known as the “Super Minister” because of his significant responsibilities, served as chairman of the State Revenue Committee of the Republic of Armenia from 2008 to 2014 and as minister of finance for the Republic of Armenia from 2014 to 2016. In the complaint, which was filed Monday in federal court in Los Angeles, the United States alleges that businessman Sedrak Arustamyan paid Khachatryan and his family more than $20 million in bribes in exchange for favorable tax treatment of his businesses. The bribe payments allegedly were used to purchase the Holmby Hills property, which had been recently listed for sale for $63.5 million.
Khachatryan and his sons are charged in Armenia with receiving bribes in violation of the criminal code of the Republic of Armenia. Criminal charges are also pending in Armenia against Arustamyan for paying bribes.
This matter was investigated by the FBI’s Eurasian Organized Crime Task Force (EOCTF) and the United States Marshals Service. The Republic of Armenia’s Prosecutor General’s Office and National Security Service provided critical assistance. The EOCTF is composed of multiple law enforcement agencies including the FBI, IRS Criminal Investigation, the U.S. Postal Inspection Service, the Glendale Police Department, the Los Angeles Police Department, and the Los Angeles County Sheriff’s Department.
Assistant United States Attorney Maxwell Coll of the Asset Forfeiture Section and Justice Department Trial Attorney D. Hunter Smith of the Kleptocracy Asset Recovery Initiative of the Criminal Division’s Money Laundering and Asset Recovery Section (MLARS) are litigating the forfeiture.
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in MLARS, who work in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to [email protected] or visit https://tips.fbi.gov/.
A civil complaint is merely an allegation, and the government has the burden of establishing the assets are subject to forfeiture by a preponderance of the evidence.
Justice Department Launches Comprehensive Environmental Justice StrategyRead the Press Release
Attorney General Merrick B. Garland was joined by EPA Administrator Michael S. Regan today in announcing a series of actions to secure environmental justice for all Americans. In addition to launching a new Office of Environmental Justice within the Justice Department, Attorney General Garland also announced a new comprehensive environmental justice enforcement strategy to guide the Justice Department’s work and issued an Interim Final Rule that will restore the use of supplemental environmental projects in appropriate circumstances.
“Although violations of our environmental laws can happen anywhere, communities of color, indigenous communities, and low-income communities often bear the brunt of the harm caused by environmental crime, pollution, and climate change,” said Attorney General Garland. “For far too long, these communities have faced barriers to accessing the justice they deserve. The Office of Environmental Justice will serve as the central hub for our efforts to advance our comprehensive environmental justice enforcement strategy. We will prioritize the cases that will have the greatest impact on the communities most overburdened by environmental harm.”
“EPA and the Justice Department’s partnership to protect overburdened and underserved communities across America has never been stronger,” said EPA Administrator Regan. “This environmental justice enforcement strategy epitomizes the Biden-Harris Administration’s commitment to holding polluters accountable as a means to deliver on our environmental justice priorities. Critical to that is the return of Supplemental Environmental Projects as a tool to secure tangible public health benefits for communities harmed by environmental violations.”
Consistent with President Biden’s Executive Order on Tackling the Climate Crisis at Home and Abroad, Associate Attorney General Vanita Gupta issued a comprehensive environmental justice enforcement strategy to guide the Justice Department’s litigators, investigators, and U.S. Attorneys’ Offices nationwide to advance the cause of environmental justice through the enforcement of federal laws. Developed by the Environment and Natural Resources Division (ENRD) in partnership with EPA, the strategy will ensure that the entire Department is using all available legal tools to promote environmental justice.
The Justice Department also launched its first-ever Office of Environmental Justice (OEJ) within ENRD today. This new office will be a critical resource as the Justice Department implements the new comprehensive enforcement strategy. Assistant Attorney General Todd Kim named Cynthia Ferguson, an experienced ENRD attorney with more than a decade working on environmental justice issues, as Acting Director.
Finally, the Justice Department issued an Interim Final Rule today that will restore the use of supplemental environmental projects in appropriate circumstances and subject to guidelines and limitations set forth in a separate memorandum issued by the Attorney General today. For decades before 2017, EPA and ENRD relied upon such projects to provide redress to communities most directly affected by violations of federal environmental laws. For this reason, they are particularly powerful tools for advancing environmental justice. The Justice Department’s Interim Final Rule invites public comment on the new guidelines and limitations, including to inform any future changes to the Justice Department’s approach.
Jury Finds Sarasota Man Guilty of Running $80 Million “Oasis” Forex Ponzi SchemeRead the Press Release
Tampa, Florida –United States Attorney Roger B. Handberg announces that following a 13-day trial, a federal jury has found Michael J. DaCorta (57, Sarasota) guilty of conspiracy to commit wire fraud and mail fraud, money laundering, and filing a false income tax return. DaCorta faces a combined maximum penalty of 33 years in federal prison. A sentencing date has not yet been set. DaCorta had been charged in a superseding indictment in February 2021.
According to testimony and evidence presented at trial, from November 2011 through April 18, 2019, DaCorta ran an investment company named Oasis International Group, Ltd. (“OASIS”). DaCorta and his co-conspirators persuaded at least 700 victims to invest in OASIS through promissory notes and other means, causing victims’ losses exceeding $80 million. DaCorta, who had effectively been banned from conducting foreign exchange trading (“FOREX”) by agreement with the National Futures Association, induced victims to invest in OASIS by falsely representing to victim-investors that OASIS was reaping enormous profits by being a “market maker” and collecting “spread” on voluminous FOREX trades. DaCorta also pitched the opportunity as essentially risk free and OASIS as well-collateralized. In reality, OASIS was not making markets and had no true revenue. The “spread” earnings were being paid on each trade by OASIS back to OASIS to create the illusion of revenue, which was published to investors on fictious account statements and an online investor portal. The online investor portal showed the “spread” credits but concealed catastrophic underlying trading losses.
DaCorta and his conspirators used the balance of the victim-investors’ funds to make Ponzi-style payments to perpetuate the scheme and to fund lavish lifestyles. For example, DaCorta used victim-investors’ funds to purchase a Maserati and Range Rovers for his family members, a country club membership, multiple million-dollar homes in Florida, college tuition for family members, flights on private jets, and lavish trips to Europe and the Cayman Islands. DaCorta also underreported his income on his 2017 federal income tax return, claiming a negative income and receiving a tax refund.
This case was investigated by the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation, with assistance from the Commodity Futures Trading Commission, the National Futures Association, the Financial Industry Regulatory Authority’s Criminal Prosecution Assistance Group, and the Florida Office of Financial Regulation. It is being prosecuted by Assistant U.S. Attorneys Rachelle DesVaux Bedke, Frank Murray, and David W.A. Chee.
Indianapolis Truck Driver Sentenced to Thirty Years in Federal Prison for Sexual Exploitation of a ChildRead the Press Release
INDIANAPOLIS – Gerald Hoye, 43, of Indianapolis, was sentenced to 30 years in federal prison following his guilty plea to sexual exploitation of a child.
According to court documents, agents with the U.S. Secret Service (USSS) received information from the National Center for Missing and Exploited Children (NCMEC) that sexually explicit images of a child had been sent from a child’s Facebook account to an adult’s Facebook account. Further information received from NCMEC showed sexually explicit conversations were taking place through Facebook Messenger between the child and the adult.
Law enforcement officers determined the adult was Hoye, a then-41-year-old truck driver living in Indianapolis. The child victim lived in another state and was under 16 years old. Hoye coerced and manipulated the child by offering her money in exchange for sexually explicit photos and videos. In September of 2019, Hoye traveled to the victim’s home and transported her to another state, where he engaged in illegal sexual conduct with the child.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana and Andrew M. Campion, Acting Special Agent in Charge of the U.S. Secret Service Indianapolis Field Office made the announcement.
The U.S. Secret Service investigated the case. The Federal Bureau of Investigation also provided valuable assistance. The sentence was imposed by U.S. District Judge James P. Hanlon. As part of the sentence, Judge Hanlon ordered that the defendant be supervised by the U.S. Probation Office for 10 years following his release from prison and ordered to pay $10,000 in restitution to the victim. Hoye must also register as a sex offender wherever he lives, works, or goes to school, as required by law.
U.S. Attorney Myers thanked Assistant U.S. Attorney Kristina M. Korobov who prosecuted this case.
In fiscal year 2019, the most recent year for which data is available, the Southern District of Indiana was second out of the 94 federal districts in the country for the number of child sexual exploitation cases prosecuted.
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. Attorneys’ Offices and the Child Exploitation and Obscenity Section, 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
Illinois Man Sentenced to 70 Months in PrisonRead the Press Release
HAMMOND-Nestor Ochoa, 29, of Berwyn, Illinois, was sentenced by United States District Court Chief Judge Jon E. DeGuilio on his plea of guilty to conspiracy to distribute heroin, announced United States Attorney Clifford D. Johnson.
Ochoa was sentenced to 70 months in prison followed by 3 years of supervised release.
According to documents filed in the case, between January 11 and 24, 2019, Ochoa conspired with others to distribute ounce quantities of heroin within the Northern District of Indiana. As part of the conspiracy, Ochoa delivered heroin on three occasions. Ochoa also admitted that he agreed to assist others in the delivery of fentanyl in March of 2019.
This case was investigated by the Drug Enforcement Administration/Indiana High Intensity Drug Trafficking Area Task Force. The case was prosecuted by Assistant United States Attorney Thomas M. McGrath.
Hot Springs Man Sentenced to 30 Years in Federal Prison for Sexual Exploitation of A MinorRead the Press Release
HOT SPRINGS – Bradley Fields, age 40, was sentenced today to a total of 30 years in prison without the possibility of parole on one count of Sexual Exploitation of a Minor via the Production of Child Pornography and one count of Distribution of Child Pornography. Fields was also ordered to be placed on Supervised Release for the remainder of his life upon his release from federal prison. The Honorable Chief Judge Susan O. Hickey presided over the sentencing hearing in the U.S. District Court in Hot Springs.
According to court records, in July of 2019 the Hot Springs Police Department received a cyber tip from the National Center for Missing and Exploited Children (NCMEC) in reference to suspected child pornography being uploaded to the internet. Further investigation revealed that the internet account associated with the suspected child porn was registered to Fields. The subsequent investigation determined that not only had Fields been distributing child pornography, but Fields had also been involved in the filming of at least one (1) video that constituted child pornography.
Fields was indicted by a Grand Jury in the Western District of Arkansas in November of 2019 and entered a plea of guilty in June of 2020.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Hot Springs Police Department and the National Center for Missing and Exploited Children (NCMEC) investigated the case.
Assistant U.S. Attorney Bryan Achorn prosecuted the case for the United States.
This case was prosecuted 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.
Home Health Company Operating in Florida Pays $2.1 Million to Resolve False Claims AllegationsRead the Press Release
LOUISVILLE, KY – On April 29, 2022, SHC Home Health Services of Florida, LLC and its related entities (collectively “Signature HomeNow”) paid $2.1 million to the United States government to settle claims of improperly billing the Medicare Program for home health services provided to beneficiaries living in Florida.
Signature HomeNow operated home healthcare services in Florida and its corporate headquarters are located in Louisville, Kentucky.
According to a complaint filed in the United States District Court for the Southern District of Florida against Signature HomeNow and the subsequent settlement agreement, it was alleged that between 2013 and 2017 Signature HomeNow knowingly submitted false or fraudulent claims seeking payment from the Medicare Program for home health services to Medicare beneficiaries who: (i) were not homebound; (ii) did not require certain skilled care; (iii) did not have a valid or otherwise appropriate plans of care in place; and/or (iv) did not have appropriate face-to-face encounters needed in order to be appropriately certified to receive home health services.
This matter arose from a complaint to the Department of Health and Human Services, Office of Inspector General (HHS-OIG) complaint hotline (https://oig.hhs.gov/fraud/report-fraud/) and from a complaint for monetary damages under the qui tam provisions of the federal False Claims Act. See United States ex rel. Barbara Mellott-Yezman and Patricia Rench v. SHC Home Health Services-Ocala, LLC et al., Case No. 15-cv-24713 (S.D. Fla.).
“Overbilling Medicare by submitting false claims increases the cost of medical care for all and undermines the integrity of the Medicare program,” said Michael A. Bennett, U.S. Attorney for the Western District of Kentucky. “This office will continue to vigorously pursue unscrupulous health care providers who attempt to defraud the Medicare program.”
“The fraudulent billing of Medicare will not be tolerated,” said Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida. “We will continue to aggressively pursue cases against those who erode the fabric of our federal health care programs by submitting false claims to Medicare.”
"When health care companies try to boost their profits by fraudulently billing federal health care programs, our agency will work closely with our law enforcement partners to hold them accountable for their schemes,” said HHS-OIG Atlanta Regional Office Special Agent in Charge Miles.
HHS-OIG Atlanta Regional Office investigated the case, with assistance from HHS-OIG Miami. Assistant United States Attorneys Benjamin S. Schecter, Jessica R.C. Malloy, and Matt Weyand (of the U.S. Attorney’s Office for the Western District of Kentucky) and James A. Weinkle and John Spaccarotella (of the U.S. Attorney’s Office for the Southern District of Florida) handled the litigation.
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Heroin Dealer Goes Back to Prison for Domestic AssaultRead the Press Release
PITTSBURGH – A federal felon has been sentenced in federal court to an additional one year and one day of incarceration in the federal Bureau of Prisons (BOP) for violating his supervised release, United States Attorney Cindy K. Chung announced today.
United States District Judge Cathy Bissoon imposed the sentence on Jamar Lorenzo Harper, age 41, of Homestead, PA 15120.
According to court documents, Harper previously served a 10-year federal prison sentence for his involvement in heroin trafficking. Information presented to the court indicated that on Dec. 7, 2021, Harper went to his former girlfriend’s house and entered without her permission. While there, he struck her in the face and head, causing swelling, bleeding, cuts and scratches before stealing her purse. The victim was treated for her injuries by local EMS and at area hospitals.
The victim did not want to pursue the assault charges filed by the Jeannette Police Department, so they were dismissed in Westmoreland County. Despite this, federal prosecutors sought Harper’s incarceration for violating his federal supervision. Facing a federal violation guideline range between 51 and 63 months, the Defendant agreed to admit his actions and requested that Judge Bissoon impose the agreed-upon sentence. The defendant told the Court that he apologized to the victim for “putting my hands” on her, indicated that he was taking anger management classes in jail, and stated that he believed the agreed-upon sentence to be appropriate for his regrettable actions.
Prior to imposing sentence, Judge Bissoon considered the victim’s request that the defendant not be sentenced to prison and stated that after taking a “holistic” view of the entire matter, the sentence imposed was sufficient, but not greater than necessary. Judge Bisson also ordered the United States Probation Office to supervise the Defendant for six years after he is released from the BOP and ordered Harper to pay $8,162.50 for the victim’s medical bills.
Assistant United States Attorney Ross E. Lenhardt prosecuted this case on behalf of the government.
United States Attorney Chung commended the Jeannette Police Department and the United States Probation Office for their work leading to the successful prosecution of Harper.
Hartford Woman Charged with Executing Wire Fraud Scheme and Money LaunderingRead the Press Release
Richard G. Frohling, United States Attorney for the Eastern District of Wisconsin, announced that on May 3, 2022, a Hartford woman was charged with a multi-million-dollar wire fraud and money laundering scheme. Vicki Berka (age: 61) was charged with two counts of wire fraud, in violation of 18 U.S.C. § 1343, and two counts of money laundering, in violation of 18 U.S.C. § 1957.
According to the indictment, beginning in approximately July 2014, and continuing through at least September 26, 2017, Berka devised a scheme to defraud a Milwaukee business for which she served as Chief Financial Officer.
According to the indictment, Berka used her position and bank account login credentials to embezzle approximately $2.7 million from Bader Rutter & Associates (“Bader”) for over three years. The indictment alleges that Berka used her authority to initiate numerous ACH transfers from Bader’s corporate accounts into a bank account she controlled and then made false entries in Bader’s general ledger to disguise her embezzlement.
The indictment also alleges that after the proceeds of her fraudulent scheme went into her bank account, Berka engaged in unlawful monetary transactions by transferring and spending these proceeds.
If convicted of wire fraud, Berka would face a maximum sentence of twenty years in prison for each count. If convicted of unlawful monetary transactions, Berka would face a maximum sentence of ten years in prison for each count.
The Federal Bureau of Investigation investigated the case, and it is being prosecuted by Assistant United States Attorney Peter Smyczek.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Four Charged with Trafficking Cocaine Through the U.S. MailRead the Press Release
U.S. Attorney Leonard C Boyle, Special Agent in Charge David Sundberg of the New Haven Division of the Federal Bureau of Investigation, and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division, today announced that a federal grand jury in New Haven has returned an indictment charging the following four individuals with cocaine trafficking offenses:
JEAN MANGUAL-CASTRO, 34, of West Haven
JASHON SPEARMAN, also known as “J ” and “Deuce,” 34, of New Haven
ENID CASTRO, 52, of West Haven
MARIA ALEJANDRA PEREZ TORRES, also known as “Alej” and “Alejandra Perez,” 21, of Villalba, Puerto RicoAs alleged in court documents and statements made in court, an investigation headed by the FBI’s New Haven Safe Streets/Gang Task Force and the U.S. Postal Inspection Service’s Narcotics and Bulk Cash Trafficking Task Force revealed that Mangual-Castro was orchestrating shipments of cocaine through the U.S. Mail from Puerto Rico. On December 20, 2021, after investigators identified that a suspicious package had been delivered to the West Haven residence of Enid Castro, who is Mangual-Castro’s mother, investigators conducted a court-authorized search of the residence and seized approximately two kilograms of cocaine, a Rolex watch, jewelry, and approximately $2,900 in cash. During the investigation, law enforcement also seized at another location approximately three kilograms of cocaine that had been mailed from Puerto Rico to Connecticut at Mangual-Castro’s direction.
It is further alleged that Perez Torres mailed packages containing cocaine to Connecticut, and that Spearman received and distributed cocaine that he had acquired from Mangual-Castro.
The indictment, which was returned on April 19, 2022, charges Mangual-Castro, Spearman, Castro and Perez Torres with conspiracy to distribute and to possess with intent to distribute cocaine. If convicted of this offense, based on the quantity of cocaine attributable to each defendant, Mangual-Castro faces a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life, and Spearman, Castro and Perez Torres each faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years. The indictment also charges Mangual-Castro, Castro and Perez Torres with one count of possession with intent to distribute 500 grams or more of cocaine, which carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years.
Mangual-Castro has been detained since his arrest on a federal criminal complaint on December 20, 2021. He is scheduled to be arraigned via videoconference this afternoon before U.S. Magistrate Judge S. Dave Vatti.
Spearman has been detained since his arrest on February 4, 2022. He and seven others were subsequently charged with narcotics distribution offenses in a related case during which law enforcement seized approximately 19 kilograms of cocaine, more than 7,000 bags of fentanyl, and more than $780,000 in cash. He appeared today before U.S. District Judge Sarala V. Nagala in Hartford and pleaded not guilty to the new charges.
Enid Castro was arrested on April 22, 2022, and was released on a $50,000 bond pending trial.
Perez Torres was arrested in Puerto Rico on April 21, 2022, and is released on a $10,000 bond. She is scheduled to be arraigned in Hartford on May 10.
U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI’s New Haven Safe Streets/Gang Task Force includes participants from the New Haven Police Department, Milford Police Department, East Haven Police Department, West Haven Police Department, Connecticut State Police and the Connecticut Department of Correction. The U.S. Postal Inspection Service’s Narcotics and Bulk Cash Trafficking Task Force includes members from the U.S. Postal Inspection Service, the U.S. Postal Service – Office of the Inspector General, the Connecticut Army National Guard, and the Hartford, New Britain, Meriden and Town of Groton Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Anthony E. Kaplan and Kenneth L. Gresham through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Fort Wayne Man Convicted of Firearms and Drugs ChargesRead the Press Release
FORT WAYNE- Timothy Cannon, age 37, of Lima, Ohio, was convicted of being a felon in possession of a firearm, transferring a firearm to a felon, and distribution of cocaine following a 3 day jury trial before United States District Court Judge Holly A. Brady, announced United States Attorney Clifford D. Johnson.
Cannon’s sentencing will be scheduled at a later date. Any specific sentence to be imposed will be determined by the District Court Judge after consideration of federal statutes and the United States Sentencing Guidelines.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department, Indiana State Police, and the Auburn Police Department. This case was prosecuted by Assistant U.S. Attorney Lesley J. Miller Lowery.
This case was 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.
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Fort Dodge Man Sentenced to 21 Years in Federal Prison for Meth DealingRead the Press Release
A man who conspired to distribute methamphetamine was sentenced on May 4, 2022, in federal court in Sioux City.
Demarcus Foy, 31, from Fort Dodge, Iowa, pled guilty on November 18, 2021, to one count of conspiracy to distribute methamphetamine and one count of distribution of methamphetamine.
At the plea and sentencing hearings, evidence showed that between April 2015 and continuing to on or about June 2020, Foy and others distributed more than 45 kilograms of methamphetamine primarily in Fort Dodge and Mason City, Iowa areas. Also, on four separate occasions during 2019, Foy distributed a total of four ounces methamphetamine to individuals cooperating and under the supervision of law enforcement in Fort Dodge, Iowa. Foy often received from six to ten pounds of methamphetamine at a time from his source, which he further distributed.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Foy was sentenced to 252 months’ imprisonment and must serve a 5-year term of supervised release following the imprisonment. There is no parole in the federal system. Foy remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Department of Narcotics Enforcement, Fort Dodge Police Department, Webster County Sheriff’s Office, the Mason City Police Department, Cerro Gordo County Sheriff’s Office, and Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3021. Follow us on Twitter @USAO_NDIA.
Former Pleasanton Resident Pleads Guilty to Theft of COVID-19 Relief FundsRead the Press Release
OAKLAND – Javed Wahab pleaded guilty today to theft of government property in connection with a scheme to steal funds designed to aid medical providers in the treatment of patients suffering from COVID-19, announced U.S. Attorney Stephanie M. Hinds and U.S. Department of Health and Human Services’ Office of Inspector General’s (HHS-OIG) San Francisco Regional Office Special Agent in Charge Steven J. Ryan. The Hon. Yvonne Gonzalez Rogers, U.S. District Judge, accepted the plea.
According to court documents, Wahab, 53, formerly of Pleasanton, admitted he owned Premier Home Health Care & Hospice, Inc., Carelink Hospice Services, Inc., and JW Healthcare, Inc, each providing home health and hospice care in Alameda County, and elsewhere. Together, the three businesses received approximately $285,000 designated for the medical treatment and care of COVID-19 patients. Wahab admitted he stole $186,516.72 of these funds by spending them for his personal use and by transferring them to family members, rather than using the funds in conjunction with pandemic relief efforts as required.
The charges against Wahab resulted from his intentional misuse of funds distributed from the Coronavirus Aid, Relief, and Economic Security (CARES) Act Provider Relief Fund, money specially apportioned by the CARES Act to help health care providers who were financially impacted by the COVID-19 pandemic to provide care to patients who were suffering from COVID-19, and to compensate providers for the cost of that care. These funds were critical to delivering relief to health care providers and maintaining access to medical care during the pandemic.
On September 1, 2021, a federal grand jury indicted Wahab, charging him with five counts of theft of government property, in violation of 18 U.S.C. § 641. Pursuant to today’s plea agreement, Wahab pleaded guilty to one count. If Wahab complies with the plea agreement, the remaining counts will be dismissed at sentencing.
Judge Gonzalez Rogers scheduled Wahab’s sentencing for August 25, 2022. Wahab faces a maximum statutory prison term of 10 years. In addition, as part of a sentence, the court may order a fine of up to $250,000, restitution, and up to three years of supervised release. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Katherine Lloyd-Lovett of the U.S. Attorney’s Office for the Northern District of California and Trial Attorney Shankar Ramamurthy of the Criminal Division’s Fraud Section are prosecuting the case.
This case was brought following an investigation by HHS-OIG.
The case was brought in coordination with the Health Care Fraud Unit’s COVID-19 Interagency Working Group, which is chaired by the National Rapid Response Strike Force and organizes efforts to address illegal activity involving health care programs during the pandemic.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Mashpee Wampanoag Tribe Chairman and Architecture Firm Owner Convicted of BriberyRead the Press Release
UPDATE: On Sept. 27, 2024, the First Circuit Court of Appeals reversed David DeQuattro’s conviction for federal-program bribery. The case was remanded for further proceedings. On Oct. 21, 2024, the Court ordered the defendant acquitted.
UPDATE: On Sept. 27, 2024, the First Circuit Court of Appeals reversed Cedric Cromwell’s convictions on the federal program bribery counts and reinstated his extortion convictions.
BOSTON – The former Chairman of the Mashpee Wampanoag Tribe and the owner of an architecture-and-design firm in Providence, R.I. were convicted today by a federal jury in connection with bribery involving the Tribe’s plans to build a resort and casino in Taunton.
Cedric Cromwell, 55, of Attleboro, was convicted following a 10-day jury trial of two counts of accepting bribes as an agent of an Indian tribal government, three counts of extortion under color of official right and one count of conspiring to commit extortion. Cromwell faces four remaining charges of filing a false tax return, which will be addressed at a later date. David DeQuattro, 54, of Warwick, R.I., was convicted of one count of paying a bribe to an agent of an Indian tribal government. U.S. Senior District Court Judge Douglas P. Woodlock scheduling sentencing for Sept. 9, 2022.
The jury acquitted both defendants of one count of conspiracy to commit federal programs bribery. DeQuattro was also found not guilty on one count of bribery concerning programs receiving federal funds and Cromwell was found not guilty on one count of extortion.
Cromwell was the Chairman of the Mashpee Wampanoag Tribe and President of the Tribe’s Gaming Authority. DeQuattro’s architecture-and-design company signed a contract to serve as the Gaming Authority’s owner’s representative for the First Light Resort and Casino, which the Tribe was building in Taunton. Cromwell was found guilty of accepting three bribes from DeQuattro in exchange for an agreement to protect DeQuattro’s firm’s contract: $10,000 in November 2015, a Bowflex Revolution home gym in August 2016 and a weekend stay at an upscale Boston hotel in May 2017. DeQuattro was found guilty of bribing Cromwell with regard to the Bowflex and the hotel stay. The jury also found Cromwell guilty of extortion under color of official right in connection with the three above items and conspiracy to commit extortion.
“No one is above the law. That rings true today, loudly and clearly,” said United States Attorney Rachael S. Rollins. “Mr. Cromwell and Mr. DeQuattro entered into a business arrangement that was fueled by bribery for their own selfish and unlawful gain. In doing so, Mr. Cromwell exploited his position and the trust placed in him by the Mashpee Wampanoag Tribe. Today’s guilty verdict makes clear that the jury saw this case for what it is – a textbook example of public corruption.”
“Today’s verdict proves that Cedric Cromwell accepted $10,000 and other valuable items in bribes, committed extortion, and abused his elected position as Chair of the Mashpee Wampanoag Tribe to line his own pockets at the expense of Tribe members whose trust he grossly betrayed,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “The quid pro quo scheme that he orchestrated with David DeQuattro was an affront to the Tribe that elected him to serve their best interests. This is exactly why the FBI will not hesitate to investigate elected officials who use their positions to commit illegal acts. We are committed to protecting the integrity of government at all levels from the plunder of public corruption.”
In November 2015, Cromwell received a $10,000 personal check from DeQuattro and deposited it into a bank account for a company he had formed called One Nation Development LLC. Cromwell’s website described One Nation Development as helping Native American tribes with economic development. It stated, “One Nation works with Federal and State agencies on behalf of Native American communities. We have relationships with the Bureau of Indian Affairs and provide our Native community clients with direct and active engagement with these various agencies.” The website touted experience in the areas of strategic planning, gaming, hospitality and legal services. It stated, “One Nation Development is comprised of a team of committed professionals that bring together several decades of collective wisdom and experience to the work done on behalf of client communities. Each professional is individually committed to the One Nation approach: a multi-generational approach to advance community-building solutions.” In fact, One Nation Development had no employees and Cromwell spent DeQuattro’s check on personal expenses.
In August 2016, Cromwell asked DeQuattro for a piece of exercise equipment. DeQuattro and his business partner paid $1,700 to buy a used Bowflex on Craigslist, and had it delivered to Cromwell’s home. Cromwell told DeQuattro he was disappointed it was used.
In May 2017, Cromwell texted DeQuattro: “Hello Dave. I hope all is well. My Birthday is coming up this Friday May 19th and I wanted to spend Friday through Monday at a very nice hotel in Boston for my Birthday weekend. Is it possible that you can get me a nice hotel room at the Four Seasons or a suite at the Seaport Hotel? I am going to have a special guest with me. Please let me know and Thank You.” DeQuattro forwarded the text to his business partner, writing, “U can’t think of this stuff…..what is next?” DeQuattro and his business partner paid over $1,800 for Cromwell to stay in an Executive Suite King – Harbor View at the Seaport Boston Hotel for three nights.
The charge of paying a bribe to an agent of an Indian tribal government, or being an agent of an Indian tribal government who accepts a bribe, provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charges of extortion under color of official right and conspiring to commit extortion each provide 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.
U.S. Attorney Rollins and FBI Boston SAC Bonavolonta made the announcement today. Assistance was provided by Attleboro Police Department. Assistant U.S. Attorneys Christine J. Wichers and Jared C. Dolan of Rollins’ Criminal Division are prosecuting the case.
With respect to the tax charges, the details contained in the charging documents are allegations. Cromwell is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Liberian Rebel General Charged with Immigration FraudRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Laye Sekou Camara, a/k/a “K-1,” a/k/a “Dragon Master,” 43, of Mays Landing, NJ,was arrested and charged by Criminal Complaint and subsequent Indictment on the charge of use of an immigration document obtained by fraud.
In 1997, after a civil war and years of political upheaval, Charles Taylor was elected president of the West African nation of Liberia. In 1999, Liberia’s second civil war began. Primarily, two rebel groups, Liberians United for Reconciliation and Democracy (LURD), and the Movement for Democracy in Liberia (MODEL), waged war against Taylor’s government. LURD’s stated objective was to remove Taylor from the presidency of Liberia. Liberia’s second civil war, much like its first, was characterized by brutality, war crimes, and atrocities, many of which were perpetrated by LURD rebels. Furthermore, in waging its war against Taylor’s government, LURD recruited and used child soldiers. According to the Indictment, Camara was a LURD general.
The Indictment alleges that in June 2011, Camara submitted an application for a non-immigrant visa to the United States. In that application Camara falsely contended, among other things, that he: 1) was not a member of a tribe; 2) had never served in or been a member of a rebel group or insurgent organization; and 3) had never committed, ordered, incited, assisted or otherwise participated in political killings or other acts of violence. Camara’s application was approved and he was issued a non-immigrant visa which he used to enter the United States.
The Indictment further alleges that in June 2012, United States immigration authorities reviewed an application that Camara submitted for a United States immigrant visa. In this application, Camara falsely contended, among other things, that he: 1) was not seeking and had not sought a visa, entry into the United States, or any immigration benefit by fraud or misrepresentation; and 2) had never engaged in the recruitment or use of child soldiers. Camara’s application was approved and he was issued an immigrant visa which he used to enter the United States. Upon his entering and being admitted to the United States pursuant to his immigrant visa, Camara became entitled to, and did, receive a Green Card, evidencing his authorized permanent residence in the United States.
Finally, as alleged in the Indictment, in June 2017, in seeking a Pennsylvania state identification card, Camara presented his fraudulently obtained Green Card to PennDOT officials as evidence of his immigration status, that is, his lawful permanent residence in the United States.
“As alleged in the Indictment, this defendant attempted to evade accountability for his horrific involvement in Liberia’s brutual civil wars by fraudulently obtaining U.S. immigration documents,” said U.S. Attorney Williams. “Due to the hard work and perseverance of our prosecutors and law enforcement partners, he can no longer run and hide from justice.”
“HSI is committed to upholding the law, both within the United States and abroad,” said William S. Walker, Special Agent in Charge of the Homeland Security Investigations (HSI) Philadelphia Field Office. “The defendant in this case, Mr. Camara, is alleged to have served as a high-ranking general for a rebel group that fought in the Second Liberian Civil War, all the while employing tactics of unimaginable brutality, including the recruitment of child soldiers. This indictment alleges Mr. Camara then attempted to shield his violent past when he came to the United States by failing to disclose his affiliation with the rebel group. Investigations like this one are a chief priority of the No Safe Haven mission, and HSI will continue to work tirelessly to investigate those who attempt to evade justice for crimes they committed overseas. We will not allow the United States to be a safe haven for those attempting to hide from their past.”
If convicted, the defendant faces a maximum possible sentence of 10 years in prison and a $250,000 fine.
The case was investigated by Homeland Security Investigations with assistance from the Pennsylvania Attorney General’s Office, the Diplomatic Security Service (DSS) at the U.S. Embassy in Monrovia and is being prosecuted by Assistant United States Attorney Linwood C. Wright, Jr. and Kelly M. Harrell, with assistance from Trial Attorney Chelsea Schinnour and Historian Christopher Hayden from the United States Department of Justice, Criminal Division’s, Human Rights and Special Prosecutions Section.
Members of the public who have information about foreign nationals suspected of engaging in human rights abuses or war crimes are urged to call the HSI tip line at: 1-866-DHS-2423 (1-866-347-2423). Callers may remain anonymous.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former College Dean Sentenced to a Year in Federal Prison for Embezzling More Than $650,000 from Student OrganizationRead the Press Release
CHICAGO — A former college dean has been sentenced to a year in federal prison for embezzling more than $650,000 from a national student organization working to improve minority representation in the pharmacy industry.
While serving as the volunteer Executive Director of the student association, CARMITA COLEMAN withdrew cash and issued checks from the group’s bank accounts for her personal benefit. Coleman used debit cards linked to the organization’s accounts to make various personal purchases, including for trips to the Caribbean. She attempted to cover up the fraud by submitting false and misleading reports that concealed the withdrawals. When a new individual was appointed to replace Coleman as Executive Director, Coleman knowingly delayed turning over access to the organization’s bank accounts so that she could continue spending the money for her personal benefit.
During the fraud scheme, which lasted from 2011 to 2016, Coleman separately worked as a dean and professor at various colleges of pharmacy.
Coleman, 50, of Frankfort, Ill., pleaded guilty earlier this year to a federal wire fraud charge. In addition to the year-and-a-day prison sentence, U.S. District Judge Matthew F. Kennelly on Wednesday ordered Coleman to pay the remaining restitution of $490,528.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI.
“Coleman’s offense is particularly egregious because she was supposed to be the adult in the room — the faculty member entrusted with overseeing the student organization’s accounts – but instead used the organization’s funds as her own piggy bank,” Assistant U.S. Attorney L. Heidi Manschreck argued in the government’s sentencing memorandum. “As a result of her scheme, the organization was deprived of funds that were supposed to support its laudable mission, and not to line Coleman’s pockets.”
Federal Jury Convicts Muskogee County Resident of Sexually Abusing A Child Under Twelve in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Bradley Wayne Morris, age 36, of Muskogee, Oklahoma was found guilty by a federal jury of two counts of Aggravated Sexual Abuse in Indian Country and two counts of Abusive Sexual Contact of a Child in Indian Country.
The jury trial began with testimony on Monday, May 2, 2022, and concluded on Thursday, May 5, 2022, with the guilty verdicts. Based on the verdicts, the defendant is facing a mandatory minimum sentence of 30 years up to life imprisonment.
During the trial, the United States presented evidence that between January 2018 and February 2020, the defendant sexually abused a child under the age of 12.
The guilty verdicts were the result of an investigation by the Muskogee Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the victim in this case is a member of a federally recognized Indian tribe and the crimes occurred in Muskogee County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Morris was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorneys James Montoya and Hannah Jones represented the United States.
Federal Jury Convicts Broken Arrow Resident of Voluntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Martha Christine Simpson, age 45, of Broken Arrow, Oklahoma was found guilty by a federal jury of Voluntary Manslaughter in Indian Country.
The jury trial began with testimony on Monday, May 2, 2022, and concluded on Wednesday, May 4, 2022, with the guilty verdict.
During the trial, the United States presented evidence that during the early morning hours of July 15, 2019, Jabaica Tecumseh and Tommy Tecumseh came to Martha Simpson’s Broken Arrow home. Jabaica Tecumseh and Tommy Tecumseh beat and kicked Martha Simpson’s boyfriend, Trevor Richardson. Martha Simpson then stabbed Richardson with a knife.
Richardson’s body was wrapped in a blanket and loaded in the trunk of his own vehicle. Jabaica Tecumseh drove the vehicle from the crime scene and later burned the body at a remote location in Okmulgee County. After the killing, Simpson cleaned up the crime scene.
The guilty verdict was the result of an investigation by the Broken Arrow Police Department and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally recognized Indian tribe and the crime occurred in Wagoner County, within the boundaries of the Muscogee (Creek) Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma in Muskogee, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Simpson was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney William Cosner and Assistant United States Attorney Michael Mazur represented the United States.
FACT SHEET: Justice Department Efforts to Address the Crisis of Missing or Murdered Indigenous PersonsRead the Press Release
“The Justice Department is committed to addressing the crisis of missing or murdered Indigenous persons with the urgency it demands. That commitment is reflected in the strength of our partnerships across the federal government, including with the Department of the Interior as we take the next steps in launching the Not Invisible Act Commission. The Commissioners announced today will play a critical role in our efforts to better meet the public safety needs of Native communities. The Justice Department will continue to work alongside our Tribal partners with respect, sincerity, and a shared interest in the wellbeing of Tribal communities.”
--Attorney General Merrick B. Garland, May 5, 2022
The Justice Department joins its partners across the federal government, as well as people through American Indian and Alaska Native communities, in recognizing May 5, 2022 as National Missing or Murdered Indigenous Persons Awareness Day. Today and every day, the Department of Justice considers it a priority to respond to the crisis of Missing or Murdered Indigenous Persons (MMIP).
Earlier today, the Departments of Justice and Interior announced the members of the joint Commission under the Not Invisible Act. Deputy Attorney General Lisa Monaco joined Secretary of the Interior Deb Haaland at a virtual event announcing the members of the Commission. Read Deputy Attorney General Monaco’s remarks here.
The Director of the Justice Department’s Office of Tribal Justice, Tracy Toulou, will serve as a co-chair of the Commission. He will be joined by representatives from across the department, including from law enforcement and grantmaking components. The Commissioners announced today represent a diverse range of experiences, expertise and perspectives, and include survivors who can speak firsthand to the urgency of the Commission’s work, as well as Tribal leaders and members.
Commissioners will issue recommendations to the Attorney General and Secretary of the Interior on how to improve intergovernmental coordination, as well as how to identify best practices for federal, state, local and Tribal law enforcement when responding to the violence directed at American Indians and Alaska Natives.
MMIP Steering Committee
In November 2021, the President issued a new Executive Order, which reflected a whole-of-government response to promoting public safety in Native communities. In a November 15 directive, Deputy Attorney General Monaco identified the department’s work to address missing or murdered indigenous persons as “a priority for its law enforcement components,” and launched a Steering Committee dedicated to marshalling the department’s personnel and resources to this effort. The Steering Committee has made Tribal engagement the cornerstone of its work, and through those ongoing conversations, has heard the need for better communication and coordination between federal, state, local and Tribal law enforcement.
Consistent with Savanna’s Act, the department has directed each of its U.S. Attorney’s Offices with Tribal land to develop regionally appropriate guidelines for responding to MMIP cases. The Department has also issued guidance to and conducted training with each of its 94 U.S. Attorneys’ Offices on how to develop these guidelines. U.S. Attorney’s Offices have held consultations with federal, state, and Tribal partners in their districts to develop guidelines tailored to their specific communities and will finalize those plans this month. Once those plans are finalized, the department’s relevant law enforcement components will modify their own protocols to incorporate the guidelines. State, local and Tribal law enforcement should contact their local U.S. Attorney’s Office for more information on the department’s guidance. You can learn more about the department’s efforts to implement Savanna’s Act here.
Department Announces New National Native American Outreach Services Liaison
The department announced today a new position to spearhead its efforts better reach Native victims, survivors and families: a National Native American Outreach Services Liaison. The Liaison will work in our Executive Office for U.S. Attorneys and help ensure that victims and their families have a voice within the department as they navigate all stages of the criminal justice system. You can find the posting for this new position here.
Department Launches New Dedicated MMIP Website
Last month, the Department launched a new page on our Tribal Justice and Safety website dedicated to elevating the issue of MMIP. This new website serves as a central hub of resources for families and victims and also promotes transparency about the Department’s law enforcement efforts.
VAWA Reauthorization Promotes Public Safety in Tribal Communities
Also this year, the department helped advance the reauthorization of the Violence Against Women Act and its important provisions to promote safety in Tribal communities, including the expansion of Special Tribal Criminal Jurisdiction, which recognizes the authority of Tribal courts to exercise jurisdiction over crimes of family violence, including child abuse, that are often precursors to missing or murdered person cases.