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Friday 25 March 2022
Justice Department Finds that Indiana State Nursing Board Discriminates Against People with Opioid Use DisorderRead the Press Release
The Justice Department found today that the Indiana State Board of Nursing (Nursing Board) violated the Americans with Disabilities Act (ADA) by prohibiting nurses who take medication to treat Opioid Use Disorder (OUD) from participating in the Indiana State Nursing Assistance Program. The program assists in rehabilitating and monitoring nurses with substance use disorders, and is often required for these nurses to maintain an active license or have one reinstated. The letter of findings asks the Nursing Board to work with the Justice Department to resolve the civil rights violations identified during the course of its investigation.
The department opened an investigation in response to a complaint from a nurse alleging that she was denied participation in the State Nursing Assistance Program because she takes prescribed medication for OUD. The investigation corroborated that the Nursing Board prohibits program participants from using OUD medication and that tapering the nurse off her medication would come with a significant risk of relapse and harm.
“Recovery and monitoring programs must allow individuals to use proven medications that support their recovery, including prescribed medications that treat Opioid Use Disorder,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Refusing to allow individuals to participate in a required support program because of their disabilities violates the ADA and makes it harder for individuals to secure and maintain jobs and livelihoods. Removing discriminatory barriers to employment is an important priority of the Civil Rights Division.”
“Opioid Use Disorder is a difficult disease that impacts people in every occupation. Patients must not be forced to choose between medically approved treatments and their livelihoods,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “We will work closely with our partners in the Civil Rights Division to ensure that the Americans with Disabilities Act is appropriately enforced.”
Methadone and buprenorphine (including brand names Subutex and Suboxone) are approved by the Food and Drug Administration to treat OUD. According to the U.S. National Institute on Drug Abuse (NIDA), methadone and buprenorphine help diminish the effects of physical dependency on opioids. When taken as prescribed, these medications are safe and effective.
Under Title II of the ADA, the department provided the Nursing Board with written notice of the supporting facts for these findings and the remedial measures necessary to address them. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt.
Justice Department Finds that Indiana State Nursing Board Discriminates Against People with Opioid Use DisorderRead the Press Release
INDIANAPOLIS – Today, the Justice Department found that the Indiana State Board of Nursing (Nursing Board) violated the Americans with Disabilities Act (ADA) by prohibiting nurses who take medication to treat Opioid Use Disorder (OUD) from participating in the Indiana State Nursing Assistance Program. The program assists in rehabilitating and monitoring nurses with substance use disorders, and is often required for these nurses to maintain an active license or have one reinstated. The letter of findings asks the Nursing Board to work with the Justice Department to resolve the civil rights violations identified during the course of its investigation.
The department opened an investigation in response to a complaint from a nurse alleging that she was denied participation in the State Nursing Assistance Program because she takes prescribed medication for OUD. The investigation corroborated that the Nursing Board prohibits program participants from using OUD medication and that tapering the nurse off her medication would come with a significant risk of relapse and harm.
“Opioid Use Disorder is a difficult disease that impacts people in every occupation. Patients must not be forced to choose between medically approved treatments and their livelihoods,” said U.S. Attorney Zachary A. Myers for the Southern District of Indiana. “We will work closely with our partners in the Civil Rights Division to ensure that the Americans with Disabilities Act is appropriately enforced.”
“Recovery and monitoring programs must allow individuals to use proven medications that support their recovery, including prescribed medications that treat Opioid Use Disorder,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Refusing to allow individuals to participate in a required support program because of their disabilities violates the ADA and makes it harder for individuals to secure and maintain jobs and livelihoods. Removing discriminatory barriers to employment is an important priority of the Civil Rights Division.”
Methadone and buprenorphine (including brand names Subutex and Suboxone) are approved by the Food and Drug Administration to treat OUD. According to the U.S. National Institute on Drug Abuse (NIDA), methadone and buprenorphine help diminish the effects of physical dependency on opioids. When taken as prescribed, these medications are safe and effective.
Under Title II of the ADA, the department provided the Nursing Board with written notice of the supporting facts for these findings and the remedial measures necessary to address them. For more information on the ADA, please call the department’s toll-free ADA Information Line at 1-800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. For more information on the Civil Rights Division, please visit www.justice.gov/crt. The letter can be viewed here.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on March 24 was:
Kyngsten Bargar, 29, of Billings, on charges of conspiracy to possess with intent to distribute fentanyl, possession with intent to distribute fentanyl and possession of a firearm in furtherance of drug trafficking. If convicted of the most serious crime, Bargar faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release. Bargar was detained pending further proceedings. The FBI’s Western Transnational Organized Crime Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 22-29.
Appearing on March 22 was:
Daniel Joseph Martz, 44, address unknown, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Martz faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Martz was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-18.
Joseph Wayne Cantrell, 28, of Billings, on charges of carjacking, possession of a firearm in furtherance of a crime of violence and prohibited person in possession of a firearm. If convicted of the most serous crime, Cantrell faces a mandatory minimum five years to life in prison, consecutive to any other punishment, a $250,000 fine and five years of supervised release on possession of a firearm in furtherance of a crime of violence, with a possible a mandatory minimum seven years to life in prison, consecutive to any other punishment, if found to have brandished a firearm. Cantrell was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-15.
Appearing on March 21 was:
Tyson Daniel Lingelbach, 36, of Billings, on charges of possession of an unregistered firearm. If convicted of the most serious crime, Lingelbach faces a maximum of 10 years in prison, a $10,000 fine and three years of supervised release. Lingelbach was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-115.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on March 22 was:
Heather Dawn Smith, also known as Heather Dawn Yellow Owl, 31, of Wolf Point, on charges of second degree murder. If convicted of the most serious crime, Smith faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Smith was released pending further proceedings. The FBI and Fort Peck Tribes Criminal Investigation investigated the case. PACER case reference. 22-15.
Shelby Loves Him, 23, of Poplar, on charges of assault resulting in serious bodily injury and felony child abuse. If convicted of the most serious crime, Loves Him faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Loves Him was detained pending further proceedings. The FBI, Montana Highway Patrol and Fort Peck Tribes Police Department investigated the case. PACER case reference. 22-20.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Home Healthcare Agencies Settle Fraud Claims for $5.4 Million and Agree to Pay Wages and Benefits to Underpaid AidesRead the Press Release
Breon Peace, United States Attorney for the Eastern District of New York, and Letitia James, New York State Attorney General, announced today a pair of settlement agreements with two Brooklyn-based licensed home care services agencies (LHCSA), All American Homecare Agency (All American) and Crown of Life Care NY LLC (Crown of Life). The settlement agreements address allegations that All American and Crown of Life violated the federal False Claims Act and New York State’s False Claims Act in claiming that they paid their home care aides the minimum wages required under New York State law. The agencies received millions of dollars in funding from Medicaid, which is funded in part by the federal government, and much of that money was meant to pay the wages and benefits of their aides.
“It is outrageous to cheat home health aides of their hard earned benefits guaranteed under New York law and the Medicaid program,” stated United States Attorney Breon Peace. “These settlements reflect this Office’s firm commitment to preventing fraud in government programs and protecting home health aides—who perform physically and emotionally taxing work in caring for some of the members of our community most in need.”
Mr. Peace thanked the Medicaid Fraud Control Unit of the Office of the New York State Attorney General for its partnership in the government’s investigation and resolution of this important case.
“Home health aides provide critical care for our most vulnerable, and they must be fairly compensated for their work,” said Attorney General James. “Not only did these companies shamelessly cheat their workers, they also cheated our state and stole from communities that need it most. My office will never tolerate fraud of any kind, and we will continue to do everything we can to ensure that New Yorkers get their fair pay and treatment.”
The New York Wage Parity Act, Public Health Law sets minimum wage and benefit requirements for LHCSAs that employ home care aides who render services to Medicaid recipients in New York City and in Nassau, Suffolk or Westchester Counties. Under the Wage Parity Law, which is funded by Medicaid aides are to be paid a minimum amount in total compensation. That compensation comes in the form of a base wage and a supplemental benefit. The base wage must be paid in cash. The benefit portion can include the value of vacation, holiday, and sick pay, among other things. It can also include health insurance, pension plans, or educational assistance. Today, the minimum amount of total compensation for an aide in New York City is $19.09 per hour; for Nassau, Suffolk, and Westchester Counties, the minimum is $18.22 per hour.
Home health aides perform all aspects of personal care for sick or homebound patients and frequently work long shifts lasting up to 24 hours. The tasks performed in caring for patients are demanding and can consist of assisting or lifting patients out of bed and bathing, dressing, grooming, preparing meals and, in some instances, feeding them. Patients may suffer from physical or mental disorders that can make the work of the aides physically and emotionally taxing. In fact, it was in recognition of the difficulty of this work that New York passed the Wage Parity Law.
This Office, in coordination with the New York State Attorney General’s Office’s Medicaid Fraud Control Unit, commenced an investigation after whistleblowers alleged that certain LHCSAs had knowingly defrauded the federal government and New York State by underpaying home health aides in violation of New York’s Wage Parity Act. The government’s investigation revealed that All American and Crown of Life falsely certified their compliance with the law and sought and received reimbursement from Medicaid.
Under the terms of its agreements with the United States and New York State, All American has paid $1.6 million to the United States and $2.4 million to New York State. The settlement covers All American’s conduct in the years 2014 to 2017. Crown of Life has agreed to pay $560,000 to the United States and $840,000 to New York State, for conduct that took place in the years 2014 to 2018.
In addition to the payments to resolve the government’s fraud claims, All American and Crown of Life are now paying their aides the wages and benefits they were required to pay under the Wage Parity Law, including the wages that were owed to current and former aides in prior years. Moreover, both All American and Crown have admitted, acknowledged and accepted responsibility for underpaying their home health aides by failing to pay Wage Parity Law rates.
The case is being handled by Assistant U.S. Attorneys Michael Blume and Sean Greene-Delgado of the Office’s Civil Division. Assistant U.S. Attorney Matthew Mailloux, now with the District of New Jersey, handled the matter when he was with the Eastern District of New York.
Hollygrove Man Sentenced to Term Federal ProbationRead the Press Release
NEW ORLEANS, LOUISIANA – Kintrell WILLIAMS, a/k/a “Trell,” age 43, was sentenced in federal court on March 23, 2022 before U.S. District Court Judge Jane Triche Milazzo to 3 years of probation for conspiracy to distribute and possess with intent to distribute a quantity of heroin in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), 841(b)(1)(D) and 846.
On October 17, 2019, WILLIAMS and his co-conspirators were named in a six-count second superseding indictment filed in this district, charging him with violations of the Federal Control Substances Act. On December 3, 2020, WILLIAMS pleaded guilty to count one of the second superseding indictment.
According to court documents, WILLIAMS and his co-conspirators sold drugs in the Hollygrove neighborhood in and around a corner-store in 2017 and 2018.
.U.S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigation’s New Orleans Gang Task Force. The prosecution was handled by Assistant United States Attorneys Kathryn McHugh and Myles Ranier.
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Hartford Man Sentenced to 30 Years in Prison for Recording His Sexual Abuse of a Child for Nearly 3 YearsRead the Press Release
Leonard C. Boyle, United States Attorney for the District of Connecticut, announced that ROBERTO ACOSTA TORRES, 61, of Hartford, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 30 years of imprisonment, followed by 10 years of supervised release, for recording his sexual abuse of a child for nearly three years.
According to court documents and statements made in court, over the course of approximately six years, Acosta repeatedly sexually assaulted a minor who was approximately six years old when the sexual assaults began. On December 18, 2019, after the victim’s mother contacted law enforcement, investigators executed a search warrant at Acosta’s Hartford residence and seized numerous electronic and storage devices. Analysis of the seized devices revealed approximately 31 videos of Acosta sexually abusing the minor victim, including 18 videos that were recorded in Connecticut between April 2016 and February 2019. Investigators also seized hundreds of videos of other adults sexually abusing children.
Acosta has been detained since his arrest on December 18, 2019. After his arrest, law enforcement received information that two other children may have been sexually abused by Acosta between 2011 and 2013.
On August 16, 2021, Acosta pleaded guilty to one count of production of child pornography.
This matter was investigated by Homeland Security Investigations (HSI), the Hartford and Manchester Police Departments, and the Connecticut Center for Digital Investigations (CDI). The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
U.S. Attorney Boyle thanked the Hartford State’s Attorney’s Office for its cooperation in the investigation and prosecution of this case.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
HPM Corporation and Owners Accept Responsibility, Agree to Pay Nearly $3 Million in Restitution and Penalties for Fraudulent Covid-19 Relief LoanRead the Press Release
Richland, Washington – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that HPM Corporation (HPMC) and its owners have agreed to pay $2,939,400 in restitution and penalties and to undertake additional responsibilities to resolve HPMC’s criminal and civil liability in connection with a fraudulent Paycheck Protection Program (PPP) loan. The announced settlement also resolves the individual False Claims Act liability of HPMC’s owners and executives Holly and Grover Cleveland Mooers, who agreed to pay an additional $250,000 penalty from their own funds as part of the settlement.
HPMC is a Department of Energy (DOE) contractor that provides occupational health services for DOE and contractor employees at DOE’s Hanford Site. In April 2020, HPMC applied for and received a $1,344,700 PPP loan. Congress created the PPP in March 2020 as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, in order to provide funding to small businesses in order to mitigate the economic impacts of the COVID-19 pandemic for small and local businesses. PPP loans were fully guaranteed by the United States, and the U.S. Small Business Administration (SBA) may grant a small business borrower forgiveness so long as the loan proceeds have been used for payroll and other eligible expenses.
As part of the global criminal and civil settlement, HPMC and the Mooers admitted that they knowingly provided materially false statements to the SBA in support of HPMC’s application for forgiveness of the PPP by falsely stating that the PPP loan proceeds had been used for payroll and other eligible expenses when they had not been. HPMC and the Mooers further admitted that, through the materially false representations, they induced SBA to grant forgiveness for the loan. Finally, HPMC and the Mooers admitted that after causing the SBA to grant forgiveness for the loan based on these materially false statements, the Mooers transferred the entire loan amount from an HPMC business account to the Mooers’ personal account.
As part of the global resolution, HPMC has agreed to pay $2,689,400 in restitution and penalties, as well as a 3-year probationary period following the filing and during the deferral of federal criminal charges in which it may not commit any further criminal or civil offenses, and must immediately report any credible evidence of any such violations to the United States. Additionally, the Mooers have agreed to pay an additional $250,000 civil penalty, which must come from their personal funds and may not come from HPMC funds. Grover Cleveland Mooers has also agreed to step down as a Governor of HPMC, and not serve as a principal employee, manager, or advisor for HPMC during the three-year deferral period. HPMC has also agreed to, at its own expense, retain an independent accounting or auditing firm to perform an independent audit of HPMC’s accounting practices as they relate to expenses, distributions, dividends, salaries, and expenses to the Mooers or any other HPMC officers, owners, or shareholders.
U.S. Attorney Waldref stated: “COVID relief funding is a precious and limited resource. These funds were intended to help small and local businesses and keep the communities of Eastern Washington safe and strong, not to line the pockets of millionaire owners. I want to especially commend the exceptional investigative work performed by DOE’s Office of Inspector General and SBA’s Office of Inspector General. Our office will continue to work with our law enforcement partners to vigorously pursue fraud against COVID relief funding and hold accountable individuals and companies that misuse that funding.”
“Lying to gain access to SBA’s pandemic response programs is not without consequence,” said SBA OIG’s Western Region Special Agent in Charge Weston King. “Our office will aggressively pursue evidence of wrongdoing and bring those responsible to justice. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
“Stealing money from pandemic relief funds is reprehensible,” said Teri L. Donaldson, Inspector General, Department of Energy. “Anyone engaging in COVID fraud should think twice. The federal law enforcement community actively investigates and prosecutes pandemic relief fraud, and will not hesitate to seek significant criminal and civil penalties.”
This case was investigated as part of the U.S. Attorney’s Office COVID-19 Fraud Strike Force, an interagency team of federal law enforcement agencies dedicated to combatting COVID relief fraud in Eastern Washington. The HPMC case was investigated by the U.S. Attorney’s Office for the Eastern District of Washington, DOE OIG’s Richland Field Office, and SBA OIG’s Seattle Field Office. Special Assistant United States Attorney Frieda K. Zimmerman and Assistant U.S. Attorneys Dan Fruchter and Tyler H.L. Tornabene of the Eastern District of Washington handled this matter on behalf of the United States.
dpasigned.pdf settlementagreementsigned.pdfGDD Pharmacy Services, Inc. to Pay $70,000 in Recordkeeping Violations of the Controlled Substances ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that GDD Pharmacy Services, Inc., located in Mechanicsburg, Pennsylvania, has agreed to pay the United States $70,000 in civil penalties for allegedly failing to comply with recordkeeping requirements of the Controlled Substances Act.
The Controlled Substances Act, 21 U.S.C. sections 801 et seq. (CSA), was passed to combat illegal distribution and abuse of controlled substances, including prescription medications. The CSA’s dispensing, distribution, and recordkeeping requirements are designed to prevent the diversion of controlled substances for illegal purposes. The CSA is enforced by the Drug Enforcement Administration’s Diversion Control Division, whose mission is to prevent, detect, and investigate the diversion of controlled pharmaceuticals and listed chemicals from legitimate sources while ensuring adequate and uninterrupted supply for legitimate medical, commercial, and scientific needs.
Regulations promulgated under the CSA limit the manner in which pharmacies can dispense or distribute controlled substances. The CSA also requires the maintenance of complete and accurate records of each substance manufactured, received, sold, delivered, dispensed, or otherwise disposed of by the registrant. These requirements play a vital role in ensuring the appropriate handling, accounting, and distribution of controlled substances. Violations of these requirements subject DEA registrants to civil monetary penalties.
According to the allegations, between January 2019 and May 2021, GDD Pharmacy Services, Inc., doing business as Harrisburg Pharmacy and See Right Pharmacy, failed to keep and maintain complete and accurate records and inventories in violation of the CSA.
GDD Pharmacy Services, Inc. cooperated with the investigation, and has since enhanced its internal controls in response to concerns raised by the DEA during this investigation. Although there are no allegations that any controlled substances were diverted, this settlement addresses the independent obligation of GDD Pharmacy Services, Inc. to ensure it has adequate systems in place to prevent improper dispensing or distribution, as required by 21 U.S.C. §§ 829, 842, and associated regulations.
“GDD Pharmacy Services, Inc., through their retail pharmacies, has an obligation to properly document and account for the controlled substances in their inventory,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Failing to do so jeopardizes the security of the controlled substances they are entrusted with dispensing.”
This Settlement Agreement is neither an admission of liability by the pharmacy nor a concession by the United States that its claims are not well founded.
This matter was handled by DEA Philadelphia Field Division and Assistant United States Attorney Tamara Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office for the Middle District of Pennsylvania.
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Four defendants in insurance company robbery face federal chargesRead the Press Release
ALBUQUERQUE, N.M. – Four New Mexico defendants are facing federal charges, accused of robbing an insurance company in Gallup, New Mexico.
According to court records, on Dec. 4, 2021, Amber Yazzie, 27, of Gamerco, New Mexico, Gregory Yazzie, 26, of Gallup, Randy Joe, 43, of Vanderwagen, New Mexico, and Chadyne Tohe allegedly robbed C&R Insurance in Gallup. As Amber Yazzie, Gregory Yazzie and Tohe entered the office, Amber Yazzie allegedly fired a round from a handgun into the ceiling, pointed the gun at C&R employees and ordered the employees to put their hands up, and demanded money. After taking the money, the group allegedly fled in a vehicle driven by Joe.
On Dec. 6, 2021, law enforcement responded to a report that Yazzie was traveling to Gallup from a specific location. Officers encountered a car matching the description of the vehicle in which Yazzie allegedly was traveling and began pursuit. The vehicle allegedly was traveling at a high rate of speed, at times over 100 miles per hour and in the wrong lane, and the headlights had been turned off. A firearm allegedly was fired from the vehicle, and officers disengaged from the pursuit to avoid being hit by gunfire. Law enforcement later located the vehicle behind a residence in Vanderwagen.
A federal grand jury indicted the defendants on Feb 24. Amber Yazzie appeared in federal court for a preliminary and detention hearing on Dec. 15, 2021, and will remain detained pending trial. Gregory Yazzie was arraigned on March 9 and will remain in custody pending trial. Joe was arraigned on March 4. The court ordered that Joe should remain detained pending bedspace at La Pasada Halfway House and COVID quarantine requirements. Tohe made an initial appearance in federal court on March 24. Tohe will remain in custody pending a detention hearing scheduled for March 28.
All four defendants are charged with interference with commerce by threat of violence. Amber Yazzie and Gregory Yazzie are charged with using a firearm during a crime of violence. Amber Yazzie is also charged with assault with a dangerous weapon with intent to do bodily harm and knowingly using a firearm during a crime of violence.
An indictment is only an allegation. Defendants are considered innocent unless and until proven guilty.
If convicted, the defendants face up to 20 years in prison for interference with commerce by threat of violence. Amber and Gregory Yazzie face a minimum of five years and up to life in prison for possessing a firearm during a crime of violence. Amber Yazzie faces a minimum of 10 years and up to life in prison for discharging a firearm during a crime of violence.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Department of Public Safety, the Navajo Nation Police Department, the Gallup Police Department and the McKinley County Sheriff’s Office. Assistant United States Attorney Nicholas J. Marshall is prosecuting the case.
Fort Hood soldiers sentenced for role in alien smuggling conspiracyRead the Press Release
LAREDO, Texas – Two soldiers stationed in Texas have been ordered to federal prison for conspiring to transport undocumented aliens, announced U.S. Attorney Jennifer B. Lowery
Isaiah Gore, 21, and Denerio Williams, 22, pleaded guilty Dec. 2, 2021, another co-conspirator Ivory Palmer, 21, pleaded guilty Jan. 10. All are active duty soldiers with the U.S. Army.
Today, U.S. District Judge Marina Garcia Marmolejo imposed a 30-month-term of imprisonment for Gore, while Williams received 24 months. Both must also serve three years of supervised release following their sentences. In handing down the prison terms, Judge Marmolejo noted that Gore and Williams, as soldiers in the Army, were “not the average citizen,” which justified a tougher sentence. Judge Marmolejo also emphasized that everyone involved in the scheme knew that wearing a uniform would assist in evading detection or arrest.
The investigation began June 13, 2021. On that day, authorities caught Emmanuel Oppongagyare and Ralph Gregory Saint-Joie smuggling undocumented aliens in the trunk of a vehicle at the Border Patrol (BP) checkpoint located in Hebbronville. At the time of arrest, both men were wearing their U.S. Army uniforms.
Oppongagyare later admitted Gore recruited them to pick the aliens up from McAllen and drive them to San Antonio. Oppongagyare and Saint-Joie were indicted and pleaded guilty Aug. 11 and 12, respectively, in 2021. Both are currently awaiting sentencing before U.S. District Judge Diana Saldaña.
A joint investigation later confirmed Oppongagyare, Saint-Joie, Williams and Palmer each served a role in the conspiracy as drivers who would travel to locations in Texas to transport the aliens in exchange for money. Authorities further confirmed that Gore actively recruited people to pick up undocumented aliens.
Both Gore and Williams were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future. Gore has since been discharged from the Army.
Palmer is currently pending sentencing.
Homeland Security Investigations and U.S. Army Criminal Investigations Division conducted the investigation with the assistance of BP. Assistant U.S. Attorneys Brian Bajew and Mark Hicks prosecuted the case.
Former music teacher sent to prison for child pornographyRead the Press Release
HOUSTON – A 56-year-old former Houston resident has been ordered to federal prison after admitting he received and possessed child pornography, announced U.S. Attorney Jennifer B. Lowery.
Robert Gasper Peri pleaded guilty Dec. 9, 2020.
Today, U.S. District Judge Keith P. Ellison sentenced him to 135 months in federal prison. Peri will also serve 10 years on supervised release following completion of his prison terms, during which time he will have to comply with numerous requirements designed to restrict his access to children and the internet. He will further be ordered to pay restitution to the victims and will also be ordered to register as a sex offender.
Peri had access to children for more than 30 years as a music teacher.
The investigation revealed he had been communicating and trafficking child pornography with other individuals.
In October 2019, law enforcement learned Peri’s email address was distributing suspected child pornography. Authorities executed a search warrant of his email address and at his residence, at which time they seized various electronic devices.
Forensic analysis resulted in the discovery of 706 images and 143 videos of child pornography including children under the age of five, sadism and masochism.
Peri was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations conducted the investigation.
Assistant U.S. Attorney Zahra Jivani Fenelon is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
Former Peoria, Illinois, Man Sentenced for Possession of a Sawed-Off Shotgun and Possession of a Firearm by a Prohibited PersonRead the Press Release
PEORIA, Ill. – A Metropolis, Illinois, man, Roy T. Rolfe, 40, formerly a resident of Peoria, was sentenced on March 24, 2022, to 27 months in prison, to be followed by three years of supervised release, for possession of a firearm by a prohibited person and possession of an unregistered firearm. U.S. District Judge James E. Shadid also ordered Rolfe to forfeit his firearm and ammunition.
At the sentencing hearing, the government established that on March 13, 2020, an officer of the Washington Police Department stopped Rolfe’s vehicle for speeding and arrested him for driving without a license. Inside Rolfe’s vehicle, officers located a loaded sawed-off shotgun with an obliterated serial number, ammunition, methamphetamine, and a syringe. The shotgun was in a backpack on the floor of the front passenger area, within reach of the driver’s seat. At the time, Rolfe was prohibited from possessing a firearm due to his prior state felony convictions for burglary and possession of methamphetamine.
The shotgun had a shortened barrel that measured 11.5 inches in length, with an overall length of 18.5 inches. The National Firearms Act requires such a weapon made from a shotgun to be registered if, as modified, it has an overall length of less than 26 inches or a barrel of less than 18 inches in length.
Rolfe was indicted in June 2020 and was released on bond pending trial in August 2020. He subsequently pleaded guilty that same month. He was remanded to the custody of the U.S. Marshals Service following his sentencing hearing to commence his term of imprisonment.
The statutory penalties for possession of a firearm by a prohibited person are not more than 10 years imprisonment, up to three years of supervised release, and up to a $250,000 fine. The penalties for possession of a firearm made in violation of the National Firearms Act are not more than 10 years imprisonment and up to a $10,000 fine.
“This prosecution and sentence should serve as a reminder that felons with guns will be aggressively prosecuted,” said Assistant U.S. Attorney Ronald L. Hanna. “We sincerely appreciate the efforts of the ATF and the Washington Police Department – this is another example of how local and federal collaboration makes our communities safer.”
“Law enforcement partnerships are vital to the successful investigation of gun crimes in our communities,” said ATF Special Agent in Charge of the Chicago Field Division Kristen de Tineo. “We appreciate the United States Attorney’s Office for prosecuting this case and holding those who are prohibited from possessing firearms accountable.”
The Washington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant U.S. Attorney Hanna represented the government in the prosecution.
The case against Rolfe was brought as part of The Department of Justice’s Project Safe Neighborhoods initiative. The Department’s renewed commitment to Project Safe Neighborhoods establishes four fundamental principles to guide efforts to reduce violent crime: 1) build trust and legitimacy within communities; 2) invest in community-based prevention and intervention programs; 3) target enforcement and priorities to focus resources on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime; and, 4) measure results with the goal to reduce the level of violence in our communities and not to increase the number of arrests and prosecutions as if they were ends in themselves.
Former Member of Massachusetts Latin Kings Leadership Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former Inca, or leader, of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced yesterday on racketeering charges.
Juan Liberato, a/k/a “King Prodigy,” 37, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to 21 months in prison and three years of supervised release. On Oct. 14, 2021, Liberato pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
Liberato was the Inca, or leader of the Latin Kings in Massachusetts. In this role, Liberato attended various meetings that were recorded by cooperating witnesses where the business and affairs of the gang were discussed and decisions were made concerning the operations of the gang. In particular, Liberato was recorded in attendance at a series of leadership meetings where crimes being committed by the gang, including drug deals and violence, were discussed. These violent acts discussed on recordings included the conspiracy to shoot a codefendant, Angel Roldan, a/k/a “King Big A”, and the violent “termination” or beatings of other members for violating the rules of the Latin Kings.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Liberato is the 48th defendant to be sentenced in the case.
The United States Attorney’s Office for the District of Massachusetts; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Luzerne County Man Sentenced to 14 Years’ Imprisonment for Drug Distribution Resulting in DeathRead the Press Release
SCRANTON —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Bogdon, age 28, formerly of Harvey’s Lake, Pennsylvania, was sentenced today by U.S. District Court Judge Robert D. Mariani to 14 years’ imprisonment for drug distribution resulting in death. Bogdon was also ordered to serve 3 years of supervised release upon release from custody.
According to United States Attorney John C. Gurganus, Bogdon previously pleaded guilty to drug distribution resulting in death. Bogdon admitted that on December 12, 2017, he provided fentanyl, a Schedule II controlled substance, to an 18-year old female in Kingston, Pennsylvania, causing her death.
The case was investigated by the Federal Bureau of Investigation (FBI) in Scranton, and the Kingston Police Department. Assistant United States Attorney Michelle Olshefski prosecuted the case.
This case was part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Former IRS Employee Arrested for Assisting in Preparation of False Tax Returns, Identity TheftRead the Press Release
Cincinnati – Frederick Louis, 57, of Cincinnati, Ohio, was indicted on 16 counts of aiding or assisting in the preparation of false tax returns, 4 counts of wire fraud, and 4 counts of aggravated identity theft. On March 18, 2022, Louis was arrested by IRS Criminal Investigation Special Agents.
The indictment alleges that Louis served as a “ghost preparer,” meaning that he prepared tax returns for compensation but failed to sign or otherwise declare the tax returns he prepared for other individuals. Louis worked as a Tax Examiner for the IRS from 1985 to 1994. It is alleged that due to his prior IRS employment, Louis knew that by law individuals who are paid to prepare or assist in preparing tax returns must have a valid Preparer Tax Identification Number (PTIN) and sign and include their PTIN on the returns they prepare. Louis also held himself out to be an accountant who prepared tax returns for pay or as a favor to friends. In actuality, Louis does not have an accounting degree, is not a Certified Public Accountant, and did not have a PTIN.
It is alleged that from at least January 2016 and continuing through at least March 2021, Louis prepared tax returns that contained false Schedule C business expenses, false Schedule F farming expenses, false Schedule A itemized deductions, claimed false dependents, and/or claimed false filing statuses on certain tax returns to generate fraudulent inflated tax refunds to which the taxpayer clients were not entitled. It is further alleged that Louis allocated portions of the refunds to himself, often unbeknownst to his client by directing the fraudulently inflated refunds be direct deposited in one of the following ways: (1) the entire refund was sent to Louis or (2) some portion of the refund was sent to bank accounts owned or controlled by Louis. As a result of the scheme, the IRS issued over $191,000 in fraudulent federal income tax refunds.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio and Bryant Jackson, Special Agent in Charge, Internal Revenue Service Criminal Investigation, Cincinnati Field Office announced the charges. Assistant U.S. Attorney Ebunoluwa A. Taiwo is representing the United States in the case.
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Former Employees of Beaver County Health Care Facility Indicted on Federal Hate Crime Charges Related to Alleged Assaults Against Disabled ResidentsRead the Press Release
PITTSBURGH, PA – Two former residents of Beaver County, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on federal hate crime charges, United States Attorney Cindy K. Chung announced today.
The twelve-count Indictment unsealed yesterday names Zachary Dinell, 28, formerly of Freedom, Pennsylvania, and Tyler Smith, 31, most recently of New Brighton, Pennsylvania, as defendants.
According to the Indictment, Dinell and Smith were employees of an in-patient health care facility located in New Brighton, Pennsylvania. The Indictment alleges that residents of the facility suffered from a range of severe physical, intellectual, and emotional disabilities, and required assistance with all activities of daily life, including bathing, using the bathroom, oral hygiene, feeding, and dressing. As members of the facility’s Direct Care Staff, Dinell and Smith were responsible for providing this daily assistance to residents.
The Indictment further alleges that from approximately June 2016 to September 2017, Dinell and Smith engaged in a conspiracy to commit hate crimes, and did commit hate crimes, against residents of the facility because of the residents’ actual or perceived disabilities. As part of the conspiracy, the Indictment alleges that Dinell and Smith exchanged text messages in which they expressed their animus toward the disabled residents, shared pictures and videos of residents and attacks, described their attacks, and encouraged each other’s continued abuse of residents. Dinell and Smith allegedly carried out their attacks in a variety of ways, including by punching and kicking residents, jumping on residents, rubbing liquid irritants in their eyes, and by spraying liquid irritants in their eyes and mouths.
Dinell and Smith allegedly were able to avoid detection by, among other things, exploiting their one-on-one access to residents of the facility and the fact that the victims were non-verbal and could not report the defendants’ alleged abuse. Dinell and Smith are also charged with engaging in a scheme to conceal their assaults against residents at the facility.
“The defendants are charged with targeting the most vulnerable members of our community because of their disabilities,” said United States Attorney Chung. “The defendants’ alleged hate crimes involved victims who were unable to defend themselves or report what happened to them. The U.S. Attorney’s Office and our law enforcement partners will continue our work to ensure that these victims—and all victims of federal crime—have a voice and that those who would perpetrate violence against them are brought to justice.”
“The actions associated with the charges announced today are disturbing to say the least,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “Our office is committed to combating hate crime, seeking justice and, most importantly, providing assistance to victims.”
The maximum penalty for the conspiracy and concealment charges is a term of imprisonment of five years and a $250,000 fine. The maximum penalty for each of the ten hate crime charges is a term of imprisonment of ten years and a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants, among other statutory sentencing factors.
Assistant United States Attorney Eric G. Olshan is prosecuting this case on behalf of the government. The Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Accounting Manager Pleads Guilty to Stealing from Chickasaw NationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Christopher Wallace Covington, age 41, of Ada, Oklahoma, entered a guilty plea to an Information charging him with one count of Theft Concerning Programs Receiving Federal Funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). The offense is punishable by up to 10 years of imprisonment, a fine of $250,000.00, or both.
The Information alleged that from January 6, 2017 to May 11, 2021, the defendant, an accounting manager within the Chickasaw Nation Department of Treasury, Division of Headquarters Finance, stole and obtained by fraud more than $225,000.00 and less than $550,000.00 from the Chickasaw Nation. The defendant redirected funds from the Chickasaw Nation’s General Fund bank account to his personal Coinbase.com account. The Chickasaw Nation is a federally recognized Indian tribal government and organization which receives federal benefits and assistance.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Jason A. Robertson, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report. The defendant was released on a personal recognizance appearance bond pending formal sentencing.
Assistant U.S. Attorney Cameron McEwen represented the United States.
Five Men Sentenced to Prison for Stealing Guns from a Federally Licensed Firearms Dealer in Tazewell CountyRead the Press Release
PEORIA, Ill. – The last of five defendants - Jaquon Timothy, 19, of the 1600 block of South Stanley Street in Peoria, Illinois – was sentenced on March 24, 2022, to 22 months’ imprisonment, to be followed by three years of supervised release, for his involvement in the theft of nine firearms during the burglary of a gun store in fall 2020.
Timothy had previously pleaded guilty to conspiracy to steal and possess firearms from a federal firearms licensee; stealing from a federal firearms licensee; and possession of a stolen firearm.
Four other defendants also pleaded guilty to charges connected to the burglary and have been sentenced.
Deondra Proctor, 20, of the 2000 block of South Friedan Street in Peoria, was sentenced on July 1, 2021, to 27 months’ imprisonment, to be followed by three years of supervised release, for conspiracy to steal and possess firearms from a federal firearms licensee; stealing from a federal firearms licensee; and possession of a stolen firearm.
Tyruis Bramlett, Jr., 19, of the 6500 block of North University Street in Peoria, was sentenced on October 25, 2021, to 32 months’ imprisonment, to be followed by three years of supervised release, for conspiracy to steal and possess firearms from a federal firearms licensee; stealing from a federal firearms licensee; and possession of a stolen firearm.
Devin Price, 22, of the 100 block of Walnut Court in East Peoria, Illinois, was sentenced on November 22, 2021, to a total of 66 months’ imprisonment, to be followed by three years of supervised release, for conspiracy to steal and possess firearms from a federal firearms licensee; stealing from a federal firearms licensee; possession of a stolen firearm; and possession of a firearm by a felon.
Zabian Hatcher, 22, of the 200 block of West Marquette Street in Peoria, was sentenced on February 10, 2022, to a total of 84 months’ imprisonment, to be followed by three years of supervised release, for conspiracy to steal and possess firearms from a federal firearms licensee; stealing from a federal firearms licensee; possession of a stolen firearm; and possession of a firearm by a felon.
Each of the defendants have remained in the custody of the U.S. Marshals Service since their arrests.
At the sentencing hearings, the government presented evidence that on October 29, 2020, at approximately 2:03 AM, Creve Coeur Police Officers were dispatched to a gun store known as “Thompson Trading Company”, located in Creve Coeur, Illinois. Officers saw that the glass entry door was shattered. Security camera footage showed six individuals committing the burglary. Three individuals entered the business and three remained outside of the front doors. The individuals on the inside of the store can be seen on video stealing firearms. A subsequent inventory indicated that nine firearms were stolen from the federal firearms licensee during the burglary, including a Colt 9mm AR-15 rifle equipped with a high-capacity magazine.
The subjects then fled from an East Peoria police officer until the getaway car struck a curb and sustained damage. Six occupants fled from the car, but a seventh person, the female driver, stayed in the car and was taken into custody. Two firearms stolen from “Thompson Trading Company” were recovered and two additional firearms from the burglary were found in a nearby driveway. Several identification cards were found in the car.
The investigation revealed that the driver, along with six other individuals had traveled to Pekin, Illinois, where they broke into a car dealership and attempted to steal cars. The car theft was unsuccessful. On the drive back to Peoria from Pekin, someone told the driver to pull into “Thompson Trading Company” where the six men committed the burglary.
The statutory penalties for conspiracy to steal and possess firearms from a federal firearms licensee are up to five years’ imprisonment, a $250,000 fine, and up to three years of supervised release. Stealing from a federal firearms licensee and possession of a stolen firearm each has penalties of up to 10 years’ imprisonment, a $250,000 fine, and up to a three-year term of supervised release .
“The U.S. Attorney’s Office and our law enforcement partners in the Central District of Illinois are committed to enforcing federal firearms laws,” said Assistant U.S. Attorney, Ronald L. Hanna. “Individuals who burglarize federal firearms licensees will face prosecution.”
“When firearms are stolen from a federal firearm licensee, they often end up in the hands of those who commit gun crimes in our communities,” said ATF Special Agent in Charge of the Chicago Field Division Kristen de Tineo. “We appreciate the collaborative efforts of our law enforcement partners and federal prosecutors in investigating and prosecuting these important cases.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case, with the assistance of the East Peoria and Peoria Police Departments, the Creve Coeur Police Department, and the Tazewell County Sheriff’s Department. The U.S. Attorney’s Office worked in collaboration with the Tazewell County State’s Attorney’s Office. Assistant U.S. Attorney Hanna represented the government in the prosecution.
The case was brought as part of The Department of Justice’s Project Safe Neighborhoods initiative. The Department’s renewed commitment to Project Safe Neighborhoods establishes four fundamental principles to guide efforts to reduce violent crime: 1) build trust and legitimacy within communities; 2) invest in community-based prevention and intervention programs; 3) target enforcement and priorities to focus resources on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime; and, 4) measure results with the goal to reduce the level of violence in our communities and not to increase the number of arrests and prosecutions as if they were ends in themselves.
Federal Jury Convicts Suburban Chicago Man of Laundering Drug Proceeds on Behalf of Traffickers in MexicoRead the Press Release
CHICAGO — A federal jury has convicted a suburban Chicago man of laundering illegal narcotics proceeds on behalf of drug traffickers in Mexico.
In the summer and fall of 2017, HUAZHI HAN schemed with an individual in Mexico to facilitate the receipt of more than $1 million in narcotics proceeds in the United States. Han picked up the drug money from others in the Chicago area and used the cash to purchase and then re-sell electronic devices. Han and another individual then caused the laundered money to be sent back to the traffickers in Mexico.
In November 2017, Han attempted to receive approximately $100,000 in narcotics money from a drug dealer. At the time, Han was in possession of approximately $200,000 in cash, a firearm, and two loaded magazines. Law enforcement then searched Han’s residence and discovered a money counter, multiple firearms, more than $1.1 million in cash concealed in cookie tins inside of a drop ceiling in the basement, and approximately $200,000 in cash in vacuum-sealed packaging in the basement closet. In June 2018, law enforcement arrested Han after he received approximately $192,000 in money that was represented to Han to be drug money. At that time, Han was again in possession of a loaded firearm.
After a two-week trial in U.S. District Court in Chicago, the jury on Thursday convicted Han, 43, of North Riverside, Ill., on all four charges against him, including one count of conspiracy to commit money laundering, one count of attempted concealment money laundering, one count of conducting a financial transaction with funds represented to be drug proceeds, and one count of operating an unlicensed money transmitting business. In addition to the guilty verdicts, the jury returned a special verdict as to the forfeiture of criminally derived property, finding that Han should forfeit approximately $1.5 million in cash, four handguns, a 2016 Mercedes-Benz automobile, a 2015 Dodge Grand Caravan, and an iPhone.
Each money laundering count is punishable by up to 20 years in federal prison, while the operation of an unlicensed money transmitting business count is punishable by up to five years. U.S. District Judge Andrea R. Wood has not yet set a sentencing date.
The conviction was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Robert J. Bell, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration. Substantial assistance was provided by the IRS Criminal Investigation Division in Chicago, Chicago Police Department, Homeland Security Investigations, and the U.S. Department of Treasury, Financial Crimes Enforcement Network. The government is represented by Assistant U.S. Attorneys Richard M. Rothblatt and Alexandra Morgan.
Federal Jury Convicts South Charleston Man of Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – After two days of trial, a federal jury convicted Timothy Wayne Dodd, 46, of South Charleston, of conspiracy to distribute more than 500 grams of methamphetamine.
Evidence at trial revealed that Dodd was part of a large volume methamphetamine conspiracy operating in and around St. Albans and South Charleston during the summer of 2021. Trial testimony revealed that Shane Kelly Fulkerson traveled to Kentucky approximately once per week to obtain 20 or more pounds of methamphetamine at a time. Dodd was one of his lower level customers who on occasion helped to divide the shipments into pound and half-pound quantities to be distributed to other local dealers.
Fulkerson was arrested on August 11, 2021 in Putnam County after leading deputy sheriffs on a high-speed motorcycle chase. Upon being arrested, the deputies found 95 grams of methamphetamine, a pistol, and more than $70,000 in a backpack Fulkerson had strapped to the motorcycle. The FBI, along with local drug task force officers and the ATF, executed a search warrant at Fulkerson’s residence on August 12, 2021 and seized in excess of eight pounds of methamphetamine and more than 20 firearms.
Fulkerson pleaded guilty last Tuesday to two counts of possession with intent to distribute methamphetamine. He faces a minimum mandatory of 10 years and up to life in federal prison when he is sentenced on June 16, 2022.
Dodd had previously been convicted in federal court in 2002 of attempting to manufacture methamphetamine for which he was sentenced to 151 months imprisonment. In 2014, Dodd was convicted in Roane County Circuit Court of attempted possession with intent to deliver methamphetamine for which he was sentenced to one to three years imprisonment. In 2018, he was convicted in Kanawha County Circuit Court of possession with intent to deliver methamphetamine and was sentenced to one to five years imprisonment. Dodd was also convicted in Kanawha County Circuit Court later in 2018 of conspiracy to deliver methamphetamine and was sentenced to 10 years imprisonment. Dodd was on parole at the time he committed the offense of conviction in this case.
“I commend the FBI, the Charleston Police Department, the Kanawha and Putnam County Sheriffs’ Departments, ATF, and MDENT for their excellent work in this case and for their steadfast commitment to keeping our communities safe,” said U.S. Attorney Will Thompson. “I congratulate Assistant U.S. Attorneys Joshua Hanks and Alex Hamner, and the rest of the trial team for bringing this repeat offender to justice.”
Dodd faces a minimum mandatory sentence of 10 years and up to life in federal prison when he is sentenced on June 16, 2022.
This case is part of a long-term investigation of a methamphetamine distribution network that resulted in 17 individuals being charged with various drug and firearms offenses in three separate indictments in 2021.
James Edward Bennett, III, Denise Marie Cottrill, Angie Lane Harbour, Michael Antonio Smith, and Jason Robert Oxley have already pleaded guilty. The remaining defendants are scheduled for trial on May 3, 2022.
United States District Judge Joseph R. Goodwin presided over the trial.
This prosecution was 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.
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 Nos. 2:21-cr-00172, 2:21-cr-00171, and 2:21-cr-00211.
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East Peoria Man Sentenced to 151 Months in Prison for Possession of Child PornographyRead the Press Release
PEORIA, Ill. – An East Peoria, Illinois, man, Noah Joseph Smith, 37, of the 100 block of Regent Court, was sentenced on March 23, 2022, to 12 years and seven months in prison for possession of child pornography, to be followed by a life term of supervised release. No fine was imposed, but Smith is required to pay $23,000 in restitution.
At the sentencing hearing, the government presented evidence that a U.S. Probation Officer discovered an LG smart phone on Smith’s bed during a March 2021 visit to his home. The phone had not been reported as was required under the conditions of supervised release that Smith was required to abide by following a prior conviction for receipt of child pornography. An investigation subsequently revealed that Smith possessed numerous videos and images of child pornography.
Also at the sentencing hearing, U.S. District Judge James E. Shadid emphasized that the possession and distribution of images of child pornography cause the children depicted in the images to experience long-lasting negative effects. He explained that “those who think these are victimless crimes could not be farther from the truth.”
Judge Shadid found that Smith had a history of committing crimes involving the sexual exploitation of children. In 2007, Smith was convicted of aggravated criminal sexual abuse after he placed a cloth soaked in ether over a child’s mouth and then sexually abused the child. Judge Shadid also noted that Smith’s 2008 conviction for receipt of child pornography and that Smith had begun supervised release in that case only months before he was again arrested in 2021 for possession of child pornography.
Smith was indicted for possession of child pornography in April 2021 and pleaded guilty in September 2021.
Smith also admitted to violations pertaining to his supervised release. He was sentenced to the custody of the Bureau of Prisons for 24 months, to run concurrent with his sentence in the instant case.
“We will vigorously prosecute those who prey upon children,” said U.S. Attorney Gregory K. Harris. “I commend the United States Secret Service and Peoria County Sheriff’s Office for the investigation in this case, as well as the United States Probation Office for bringing the matter to the attention of law enforcement.”
The statutory penalties for possession of child pornography are a mandatory 10 to 20 years imprisonment with a qualifying prior conviction; a maximum $250,000 fine; a maximum lifetime term of supervised release; a mandatory $100 special assessment or a special assessment of $5,000 under 18 U.S.C. §3014, if not indigent; and a $17,000 special assessment under 18 U.S.C.§2259A.
The United States Probation Office, United States Secret Service, and Peoria County Sheriff’s Office, investigated the case. Assistant U.S. Attorney Keith Hollingshead-Cook represented the government in the prosecution.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Eagle River Man Sentenced to 8 Years for Receiving Child PornographyRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Ryan T. Shelton, 30, Eagle River, Wisconsin, pleaded guilty and was sentenced yesterday by Chief U.S. District Judge James D. Peterson, to 8 years in prison for receiving child pornography. This term of imprisonment will be followed by 10 years of supervised release.
On May 26, 2021, law enforcement officers executed a search warrant at Shelton’s home. On a phone in Shelton’s pocket, officers found a video recording a conversation on a laptop screen. In the conversation a girl identifies herself as being 12 years old. To the left of the conversation, a girl can be seen engaged in sexually explicit conduct.
In sentencing the defendant, Judge Peterson noted that Shelton’s conduct had aggravating factors, including his actual engagement with a live 12-year-old victim, the fact that he actively engaged with other people who were interested in child exploitation, and his long-term involvement with child exploitative material.
The charge against Shelton was the result of an investigation conducted by the Wisconsin Department of Justice Division of Criminal Investigation, the Vilas County Sheriff’s Office, and the Oneida County Sheriff’s Office. Assistant U.S. Attorney Elizabeth Altman prosecuted this case.
Drexel Man Shot at Stover Police Chief after Failed Bank RobberyRead the Press Release
JEFFERSON CITY, Mo. – A Drexel, Missouri, man has been convicted after shooting at law enforcement officers while fleeing a failed bank robbery.
Jacob Allen Monteer, 30, was found guilty following a bench trial before U.S. District Judge Brian C. Wimes on Monday, March 21, of one count of bank robbery, one count of brandishing a firearm during a crime of violence, two counts of discharging a firearm during a crime of violence, and one count of being a drug user in possession of firearms. The court’s verdict was announced today. Monteer remains in federal custody without bond.
On Nov. 30, 2017, Monteer attempted to rob US Bank, 401 W. Newton in Versailles, Mo. Monteer, armed with a Springfield 9mm semi-automatic pistol, walked into the bank with a bandana across his face and demanded money at gunpoint. He jumped over the teller station and opened the teller drawer, but there was no money in the drawer. Monteer fled from the bank in a stolen pick-up truck.
As Monteer led law enforcement officers on a high-speed pursuit, he fired several shots at the police chief of Stover, Mo., who had set up a road block. Monteer then lost control of the stolen vehicle and crashed. He attempted to flee on foot, but was apprehended by the sheriff of Morgan County. During their struggle, Monteer was able to fire a round from the sheriff’s AR-15 .223-caliber rifle before being subdued.
Monteer later admitted to law enforcement officers that he was a drug addict and used methamphetamine on a daily basis. Officers searched his vehicle and found drug paraphernalia.
Under federal statutes, Monteer is subject to a mandatory minimum sentence of 27 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the FBI, the Morgan County, Mo., Sheriff’s Department, the Stover, Mo., Police Department, and the Versailles, Mo., Police Department.
Dominican Republic National Pleads Guilty to Trafficking Kilograms of Cocaine by BoatRead the Press Release
ALEXANDRIA, Va. – A man from the Dominican Republic pleaded guilty today to transporting over 300 kilograms of cocaine in a “go-fast” boat traveling from Colombia to the Dominican Republic.
According to court documents, on or about November 20, 2021, Algelis Acosta Felix, 26, was one of three men apprehended by the U.S. Coast Guard (USCG) on board an unflagged “go-fast” boat in the ocean south of the Dominican Republic. In an attempt to evade capture, Acosta Felix and the other individuals tried to flee, causing their boat to strike the USCG cutter. As the “go-fast” boat sank, USCG personnel recovered the defendant and the two other individuals from the water, as well as approximately 360 kilograms of cocaine on board the boat. USCG also located 36 pounds of marijuana aboard the boat.
Acosta Felix is scheduled to be sentenced on July 22. He faces a mandatory minimum of 10 years in prison, with the possibility of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division; and William P. Hicks II, Special Agent in Charge, Coast Guard Investigative Service, Chesapeake Region, made the announcement after U.S. District Judge Liam O’Grady accepted the plea.
Assistant U.S. Attorney Michael Ben’Ary and Special Assistant U.S. Attorney Sarah Brown are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:22-cr-43.
District of Columbia Man Convicted in Drug Conspiracy for Trafficking over 40 Kilograms of Heroin, Fentanyl, and MarijuanaRead the Press Release
WASHINGTON – Linwood Douglas Thorne, 50, of Washington, D.C., was found guilty today by a jury of multiple counts related to large-scale drug trafficking case in which law enforcement seized five firearms and more than 44 kilograms of heroin, one of the largest seizures of heroin in D.C. history.
The verdict, following a trial in the U.S. District Court for the District of Columbia, was announced by U.S. Attorney Matthew M. Graves, Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Charlie J. Patterson, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Thorne was found guilty of conspiracy, possession with intent to distribute one kilogram or more of heroin, possession with intent to distribute fentanyl, possession with intent to distribute marijuana, and a firearms charge.
“This case demonstrates our resolve to protect our community from the dual threats of illegal guns and drugs,” said U.S. Attorney Graves. “Fentanyl has had an especially devastating impact on neighborhoods here and across the nation. With the support of the FBI, ATF and other partners, we will continue to target these activities and get illegal guns and drugs off our streets.”
“The impact of this investigation will be far-reaching as due to the actions of the defendant, a devastating amount of heroin laced with fentanyl was introduced onto the streets, which fanned the flames of a growing epidemic,” said Special Agent in Charge Jacobs of the FBI Washington Field Office Criminal Division. “We will continue in our unyielding pursuit of those who traffic in guns and drugs and the resulting harm they bring to our communities. This investigation is yet another great example of the dedicated work the FBI and its partners undertake to hold these individuals accountable for their actions.”
“The individuals that took part in the activities surrounding this investigation are who we at ATF try to keep our communities safe from,” said ATF Special Agent in Charge Patterson. “We work diligently with all of our partners to combat violent crimes in an effort to maintain public safety.”
In 2018, the FBI’s Safe Streets Task Force began investigating Thorne, as a major heroin supplier. On Dec. 19, 2018, the FBI and ATF executed simultaneous search warrants on Thorne’s Maryland business and D.C. residence, finding 44 kilograms of heroin laced with fentanyl; 55 pounds of marijuana; five firearms; and significant drug paraphernalia. In addition to the search warrants, the task force’s investigation—which began in July of 2018—has led to the recovery of eight additional firearms, approximately 1.5 additional kilograms of marijuana, 260 additional grams of heroin, and several firearms magazines and accessories.
During trial, the government presented over a dozen civilian and law enforcement witnesses, along with digital and business records establishing and corroborating the defendant’s guilt. With these convictions, Thorne faces up to life imprisonment. He will be sentenced on July 8, 2022, by the Honorable Chief Judge Beryl A. Howell.
In announcing the verdict, U.S. Attorney Graves, Special Agent in Charge Jacobs, and Special Agent in Charge Patterson commended the work of those who investigated the case from the FBI and ATF, as well as those from the Metropolitan Police Department (MPD) on the Safe Streets Task Force. They also expressed appreciation for the assistance provided by joint law enforcement and prosecution partners, including the U.S. Attorney’s Office for the Middle District of Georgia, the U.S. Attorney’s Office for the Eastern District of Virginia, and the U.S. Attorney’s Office for the District of Maryland. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Gregory Rosen and Brandon Regan, as well as Paralegal Specialist Alexis Spencer-Anderson of the Federal Major Crimes Section.
District of Columbia Couple Sentenced on Charges in Death of Woman’s Two-Year-Old SonRead the Press Release
WASHINGTON –A District of Columbia couple was sentenced today on charges stemming from the death of a 2-year-old boy who had suffered extensive injuries while in their care, including multiple blunt force trauma, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Antonio Turner, 29, pleaded guilty on Jan. 27, 2022, to voluntary manslaughter in the death of Gabriel Eason. Ta’Jeanna Eason, 32, the boy’s mother, pleaded guilty on Jan. 27, 2022, to three counts of second-degree cruelty to children. Turner also pleaded guilty to one count of first-degree cruelty to children for injuries suffered by another of Eason’s sons, who was 3 years old at the time. Additionally, he pleaded guilty to a felony assault charge for attacking a woman after a traffic crash.
The pleas, in the Superior Court of the District of Columbia, were contingent upon the Court’s approval. They called for Turner to be sentenced to seven to 13 years in prison. Eason was to be sentenced to six years in prison with that time suspended on the condition that she have no future unsupervised contact with children and that she participate in mental health and drug treatment. The agreement also called for Eason to successfully complete a period of probation and supervised release.
The Honorable Milton C. Lee, Jr. accepted the pleas and sentenced Turner to 12 years and eight months in prison, including 11 years of that time for Gabriel’s death. Eason was sentenced to four years of probation and three years of supervised release with the agreed-upon conditions.
According to court documents, Turner and Eason had a romantic relationship and resided in the 900 block of Division Avenue NE. Turner was not the biological father of Eason’s three children. On April 1, 2020, at approximately 8:25 a.m., the Metropolitan Police Department responded to the residence to investigate a report of an unconscious person. When police arrived, Gabriel was deceased. Officers also observed a bump on the center of the 3-year-old’s forehead and noted that the child seemed to be drifting in and out of consciousness.
Later on April 1, 2020, both of Eason’s surviving sons were taken to Children’s National Medical Center for a medical evaluation. It was discovered that both had sustained apparent trauma to their bodies. The three-year-old had several different injuries, including bruises behind his ears and scalp, fractured ribs and a lacerated liver.
On April 2, 2020, the District of Columbia’s Office of the Chief Medical Examiner conducted an autopsy of Gabriel. The examination found abrasions and contusions to the head, face, and torso, multiple rib fractures and healing fractured ribs, and other injuries, including to the heart and brain. The cause of death was ruled to be multiple blunt force injuries.
The charges against Eason involved her failure to seek immediate medical attention for Gabriel and his three-year-old brother, as well as for slapping and striking her other son.
Both defendants were arrested on Nov. 3, 2020, following an investigation. They were released pending further proceedings. On the morning of Nov. 29, 2021, Turner caused a woman’s car to crash in the 1800 block of New York Avenue NE. He then dragged her from the car and punched her multiple times in the face, causing her to fall and lose consciousness. Turner was arrested following this assault and has been detained ever since.
U.S. Attorney Graves and Chief Contee commended the work of the detectives, officers, and others who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the Capital Area Regional Fugitive Task Force. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Stephanie Gilbert, Grazy Rivera, and Meridith McGarrity, former Victim/Witness Advocate Marcia Rinker, and Victim/Witness Program Specialist Amy Trotto. Finally, they commended the work of Assistant U.S. Attorney David Gorman and former Assistant U.S. Attorney Cynthia G. Wright, who prosecuted the case.
Cybercriminal Connected to Multimillion Dollar Ransomware Attacks Sentenced for Online Fraud SchemesRead the Press Release
ALEXANDRIA, Va. – An Estonian man was sentenced today to 66 months in prison for his years-long role in furthering and facilitating computer intrusions, the movement of fraudulently obtained goods and funds, and the monetization of stolen financial account information. He also participated in ransomware attacks causing over $53 million in losses and was ordered to pay over $36 million in restitution.
According to court documents, Maksim Berezan, 37, who was apprehended in Latvia and extradited to the United States, pleaded guilty in April 2021 to conspiracy to commit wire fraud affecting a financial institution and conspiracy to commit access device fraud and computer intrusions. Berezan was an active member of an exclusive online forum designed for Russian-speaking cybercriminals to gather safely and exchange their criminal knowledge, tools, and services. From 2009 through 2015, Berezan not only furthered the criminal aims of the forum, but he also worked closely with forum members and other cybercriminals for purposes of obtaining and exploiting stolen financial account information.
According to court documents, following Berezan’s arrest, investigators uncovered within his electronic devices evidence of his involvement in ransomware activities. The post-extradition investigation determined that Berezan had participated in at least 13 ransomware attacks, 7 of which were against U.S. victims, and that approximately $11 million in ransom payments flowed into cryptocurrency wallets that he controlled.
As reflected in court documents, Berezan used his ill-gotten gains to purchase two Porsches, a Ducati motorcycle, and an assortment of jewelry. In addition, authorities recovered from Berezan’s residence currency worth more than $200,000 and electronic devices storing passphrases to bitcoin wallets that contained bitcoin worth approximately $1.7 million, which has been forfeited.
“Cybercrime has become increasingly more sophisticated, but so have our methods for combatting it,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “Ransomware attacks are devastating to people and organizations alike, and we have honed our strategies and techniques to target both the individual actors who perpetrate these attacks and the networks that support them. This case is just one example of how EDVA and the Justice Department are tackling this threat.”
“This case is a prime example of how the Department of Justice can leverage its traditional tools – criminal investigations and prosecutions – to combat ransomware,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “Many of the world’s ransomware players began as fraudsters engaged in other types of online crimes, and this case demonstrates that their crimes will catch up to them. The United States is committed to working with its international partners to hold cybercriminals accountable.”
“The Secret Service remains committed to ensuring that modern conveniences of today that facilitate our lawful transactions and economic health are not leveraged by criminals for illicit activity and personal gain. While we have long been in the business of protecting money, from the earliest days of coins and paper, to plastic, and today’s more accessible and commonplace digital currencies, we also remain in parallel footprint to the evolution of criminal behavior into cyberspace,” said U.S. Secret Service Special Agent in Charge Matthew Stohler. “Ransomware thieves are not safe in any dark corner of the internet in which they may think they can hide from our highly trained investigators and law enforcement partners worldwide. Together with our critical partners we are dedicated to protecting the public, and securing every iteration of our money and every part of our national financial infrastructure.”
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Kenneth A. Polite Jr., Assistant Attorney General for the Justice Department’s Criminal Division; Special Agent in Charge Matthew Stohler of the Washington Field Office of the U.S. Secret Service; and Special Agent in Charge Jason Kane of the Criminal Investigative Division of the U.S. Secret Service, made the announcement after sentencing by U.S. District Judge T.S. Ellis, III.
Assistant U.S. Attorneys Alexander P. Berrang, Jonathan Keim, and Zoe Bedell and Senior Trial Attorney Laura Fong and Trial Attorney Alison Zitron of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case. The Department of Justice’s Office of International Affairs provided vital assistance.
The Department of Justice extends its gratitude to authorities in Estonia and Latvia for their significant cooperation and assistance, in particular, the Latvian State Police and Estonian Police Border Guard.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-145.
Cybercriminal Connected to Multimillion Dollar Ransomware Attacks Sentenced for Online Fraud SchemesRead the Press Release
An Estonian man was sentenced today to 66 months in prison for his years-long role in furthering and facilitating computer intrusions, the movement of fraudulently obtained goods and funds, and the monetization of stolen financial account information. He also participated in ransomware attacks causing over $53 million in losses and was ordered to pay over $36 million in restitution.
According to court documents, Maksim Berezan, 37, of Estonia, who was apprehended in Latvia and extradited to the United States, pleaded guilty in April 2021 to conspiracy to commit wire fraud affecting a financial institution and conspiracy to commit access device fraud and computer intrusions. Berezan was an active member of an exclusive online forum designed for Russian-speaking cybercriminals to gather safely and exchange their criminal knowledge, tools, and services. From 2009 through 2015, Berezan not only furthered the criminal aims of the forum, but he also worked closely with forum members and other cybercriminals for purposes of obtaining and exploiting stolen financial account information.
“This case is a prime example of how the Department of Justice can leverage its traditional tools – criminal investigations and prosecutions – to combat ransomware,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “Many of the world’s ransomware players began as fraudsters engaged in other types of online crimes, and this case demonstrates that their crimes will catch up to them. The United States is committed to working with its international partners to hold cybercriminals accountable.”
“Cybercrime has become increasingly more sophisticated, but so have our methods for combatting it,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “Ransomware attacks are devastating to people and organizations alike, and we have honed our strategies and techniques to target both the individual actors who perpetrate these attacks and the networks that support them. This case is just one example of how EDVA and the Justice Department are tackling this threat.”
“The Secret Service remains committed to ensuring that modern conveniences of today that facilitate our lawful transactions and economic health are not leveraged by criminals for illicit activity and personal gain,” said Special Agent in Charge Matthew Stohler of the U.S. Secret Service. “While we have long been in the business of protecting money, from the earliest days of coins and paper, to plastic, and today’s more accessible and commonplace digital currencies, we also remain in parallel footprint to the evolution of criminal behavior into cyberspace. Ransomware thieves are not safe in any dark corner of the internet in which they may think they can hide from our highly trained investigators and law enforcement partners worldwide. Together with our critical partners we are dedicated to protecting the public and securing every iteration of our money and every part of our national financial infrastructure.”
According to court documents, following Berezan’s arrest, investigators uncovered within his electronic devices evidence of his involvement in ransomware activities. The post-extradition investigation determined that Berezan had participated in at least 13 ransomware attacks, seven of which were against U.S. victims, and that approximately $11 million in ransom payments flowed into cryptocurrency wallets that he controlled. Berezan used his ill-gotten gains to purchase two Porsches, a Ducati motorcycle, and an assortment of jewelry. In addition, authorities recovered from Berezan’s residence currency worth more than $200,000 and electronic devices storing passphrases to bitcoin wallets that contained bitcoin worth approximately $1.7 million, which has been forfeited.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Jessica D. Aber for the Eastern District of Virginia; Special Agent in Charge Matthew Stohler of the Washington Field Office of the U.S. Secret Service and Special Agent in Charge Jason Kane of the Criminal Investigative Division of the U.S. Secret Service made the announcement.
Senior Trial Attorney Laura Fong and Trial Attorney Alison Zitron of the Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorneys Alexander P. Berrang, Jonathan Keim, and Zoe Bedell of the Eastern District of Virginia prosecuted the case.
The Justice Department’s Office of International Affairs provided vital assistance. The Department of Justice extends its gratitude to authorities in Estonia and Latvia for their significant cooperation and assistance, in particular, the Latvian State Police and Estonian Police.
Credit Union President Sentenced to Prison for EmbezzlementRead the Press Release
PHOENIX, Ariz. – Susan Irene Romero, 64, of Gilbert, Arizona, was sentenced yesterday by U.S. District Judge John J. Tuchi to 26 months in prison and ordered to pay $2,360,000 in restitution. Romero pleaded guilty in May 2021 to embezzlement of credit union funds.
Romero worked for the Winslow Santa Fe Credit Union for more than 30 years, mostly in leadership roles, including as manager, president, and chief executive officer. During a routine audit, the credit union found discrepancies in the financial records. A subsequent investigation showed that, over the course of many years, Romero embezzled more than $2.2 million from the credit union. In her plea agreement, Romero admitted that she stole the money through unauthorized cash withdrawals, checks issued with forged signatures of other employees, and transfers from the credit union account to her family members’ accounts. She covered her tracks through false entries in the financial statements, such as falsifying the amount of cash stored in the vault and offsetting the stolen money with fictitious assets.
The U.S. Secret Service conducted the investigation in this case. The Financial Crimes and Public Corruption Section of the United States Attorney’s Office, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08057-PCT-JJT
RELEASE NUMBER: 2022- 033_Romero# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Citrus County Felon Sentenced to Ten Years in Federal Prison for Possession of Firearms and AmmunitionRead the Press Release
Ocala, Florida – Senior U.S. District Judge John Antoon II has sentenced Robert Joseph Miller (46, Homosassa) to 10 years in federal prison for possession of firearms and ammunition by a convicted felon and possession of unregistered National Firearms Act (NFA) firearms – sawed-off shotguns. The Court also ordered Miller to forfeit approximately 50 firearms and more than 8,400 rounds of ammunition linked to the offenses. Miller had been indicted on May 4, 2021. He entered guilty pleas to the charges on November 19, 2021.
According to the evidence presented in court, Miller is a three-time convicted felon prohibited from possessing firearms and ammunition under federal law. On March 10, 2021, agents arrested Miller on a felony theft warrant after finding him in possession of several spools and barrels of industrial metals (nickel, cobalt, etc.). Agents then executed a search warrant at Miller’s Citrus County residence that resulted in the recovery of more than $50,000 worth of stolen property, approximately 50 firearms, and over 8,400 rounds of assorted ammunition. The firearms consisted of rifles, shotguns, and handguns, including at least three stolen weapons and an AK-47 rifle equipped with a bump stock. Two of the firearms (sawed-off shotguns) were not registered to Miller in the National Firearms Registration and Transfer Record, as required under federal law.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, and the Citrus County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
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.
Cincinnati man who sex trafficked teen sentenced to more than 15 years in prisonRead the Press Release
CINCINNATI – A Cincinnati man who sex trafficked a minor female with his half-brother was sentenced in federal court here today to 188 months in prison and 15 years of supervised release. As part of his sentence, the defendant was also ordered to pay $194,000 in restitution to the minor victim.
William Pierce Washington, Jr., 52, was indicted by a federal grand jury in 2017 with co-defendant William Pierce Washington, 40, also of Cincinnati.
According to court documents, Washington, Jr., also known as “Man,” participated in the sex trafficking of a minor female for at least four months. Washington, Jr. often transported the victim and the victim resided at his home during the majority of the events.
Co-defendant Washington, also known as “Bam,” primarily orchestrated the exploitation. Washington would routinely get the victim high on drugs, including forcibly injecting the victim with heroin on at least one occasion.
Washington would then traffic the teenager to engage in sexual conduct for money. He beat and raped the victim.
Court documents in this case detail that Sharonville Police Department officers responded to a motel in Sharonville on April 18, 2017, following the report of a distraught female in the business’s parking lot. The female, a 16-year-old, told officers she had spent several hours in a motel room smoking crack cocaine and engaged in oral sex with an adult male who physically assaulted her.
Contact with the adult male and search of his cell phone revealed sexually explicit photos with the victim and text conversations with Washington about arrangements to coordinate the sexual activity for payment to Washington.
Washington was sentenced in December 2021 to more than 15 years in prison.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Sharonville Police Chief James C. Nesbitt II and other members of the FBI’s child exploitation task force announced the sentence imposed today by U.S. District Court Judge Timothy S. Black. Assistant United States Attorney Kyle J. Healey is representing the United States in this case.
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Bushkill Man Charged with Aggravated Assault by Vehicle Following Serious Motor Vehicle Collision on Federal LandRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on March 24, 2022, Fitzgerald C. Providence, age 49, of Bushkill, Pennsylvania, was indicted by a federal grand jury for aggravated assault by vehicle and other related motor vehicle offenses stemming from a serious motor vehicle collision that occurred on federal land.
According to United States Attorney John C. Gurganus, the indictment alleges that on September 24, 2021, on Bushkill Falls Road, within the Delaware Water Gap National Recreation Area, in Pike County, PA, Providence operated a motor vehicle in a reckless and grossly negligent manner and as a result caused a motor vehicle collision that resulted in serious bodily injury to another person.
The matter was investigated by the National Park Service Park Police and by the Pennsylvania State Police. Assistant United States Attorney Jeffery St John is prosecuting the case.
If convicted, the maximum penalty under federal law for these offenses is nine years imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Brothers from Chicago Charged in Labor Trafficking ConspiracyRead the Press Release
CHICAGO — Two brothers from Chicago have been arrested on a labor trafficking charge for allegedly forcing undocumented Mexican immigrants to work in the construction trade.
AGUSTIN ARIAS LOPEZ, 30, and JUAN ARIAS LOPEZ, 32, conspired to illegally bring two individuals from Mexico to the United States on the condition that they work for the brothers’ construction business and repay the purported costs of their transport into the U.S., according to a criminal complaint filed Thursday in U.S. District Court in Chicago. After they arrived in Chicago, the undocumented immigrants worked 12-15 hours per day, seven days per week, in exchange for weekly payments from the Arias Lopez brothers of $800 to $1,000, the complaint states. From that sum, the immigrants were required to pay the Arias Lopez brothers $500 per week, which the brothers claimed went towards not only the costs of the transport but also rent, as the immigrants resided in Agustin Arias Lopez’s unfinished basement in the Englewood neighborhood of Chicago, the complaint states.
The complaint alleges that the Arias Lopez brothers threatened the immigrants with violence if they did not pay the money. On one occasion in November 2021, Agustin Arias Lopez allegedly pointed a handgun at one of the immigrants.
The complaint charges the Arias Lopez brothers with conspiracy to knowingly bring, transport, harbor, and induce aliens to come to, enter, remain in, and reside in the U.S. The brothers were arrested Thursday. A detention hearing in federal court in Chicago is set for March 28, 2022, at 2:00 p.m.
The complaint and arrests were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; Irene Lindow, Special Agent-in-Charge of the U.S. Department of Labor Office of Inspector General in Chicago; and Angie Salazar, Special Agent-in-Charge of the Chicago office of Homeland Security Investigations. The government is represented by Assistant U.S. Attorney Charles W. Mulaney.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The charge in the complaint is punishable by up to ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Boston Man Pleads Guilty to Possessing over 200 Pressed Fentanyl Pills Disguised as OxycodoneRead the Press Release
BOSTON – A Boston man pleaded guilty today to drug trafficking activities involving over 200 pressed fentanyl pills disguised as oxycodone.
Diamondez Pierre, 24, pleaded guilty to possession of fentanyl with intent to distribute. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for July 22, 2022. Pierre was indicted in October 2020 and subsequently charged by a superseding Information on March 8, 2022.
On Aug. 8, 2020, law enforcement stopped Pierre in his vehicle on Pleasant Street in Brockton. A search of Pierre’s vehicle recovered a backpack that contained 204 blue pressed fentanyl pills, disguised as “Perc 30” oxycodone pills, intended for distribution. A loaded firearm was also located in the motor vehicle.
The charge of possession with intent to distribute fentanyl provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives; and Brockton Police Acting Chief Steve Williamson made the announcement today. Assistant U.S. Attorney John T. Dawley Jr. of Rollins’ Organized Crime & Gang Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Benton City Drug Trafficker with Ties to Sinaloa Cartel Sentenced to Nearly 16 Years in Federal PrisonRead the Press Release
Spokane, Washington – Chief U.S. District Judge Stanley Bastian has sentenced Julio Leal Parra, 47, of Benton City, Washington, to 191 months in federal prison for leading and organizing a drug trafficking conspiracy with ties to the Sinaloa cartel. Chief Judge Bastian also ordered Parra to pay a $50,000 money judgement in lieu of forfeiture of assets and to serve five years on federal supervision if he is allowed to remain in the United States. Parra’s drug trafficking organization operated out of the Tri-Cities, Washington, area.
According to information disclosed during court proceedings, the FBI Safe Streets Task Force identified a transnational drug trafficking organization operating in and around the Tri-Cities (Kennewick, Pasco, and Richland, Washington). Task Force Officers identified Parra as the head of a cell who worked directly with leaders of the Sinaloa cartel in Mexico. Parra facilitated and organized large drug shipments of methamphetamine, cocaine, and heroin into the communities that make up the Eastern District of Washington. While running his drug operation, Parra operated “Perfect Design,” an upholstery business, and “SuKarne,” a meat market, in Kennewick. Law enforcement officers identified each of these businesses as locations in which Parra and his coconspirators stored drug shipments and laundered large amounts of cash. Working closely with local law enforcement, the FBI was able to identify several members of Parra’s organization, who worked as drug transporters and distributors reaching from Arizona and California all the way to Kennewick, Spokane, Idaho, and Montana. To date, ten members of the conspiracy have been convicted.
Over the course of the investigation, law enforcement officers seized more than 60 pounds of methamphetamine, cocaine, and heroin, including a single shipment of 33 pounds of methamphetamine. Parra admitted to being directly responsible for bringing 20 to 50 pound shipments of drugs into the Tri-Cities every few weeks from December 2016 through October 2019. Even using conservative estimates, it appears that Parra was directly responsible for bringing more than a thousand pounds of drugs into Eastern Washington.
At the sentencing proceedings in the case, Chief Judge Bastian noted Parra’s leadership role in his organization and the stunning amount of narcotics and drug proceeds involved. He acknowledged that this was Parra’s first felony offense, but given the seriousness of the case, imposed a sentence of 191 months in federal custody.
U.S. Attorney Vanessa R. Waldref commended the seamless collaboration between the FBI, the Safe Streets Task Force, and local and state law enforcement in the investigation, apprehension, and prosecution of a high-level drug distributor and stated: “To ensure a safe and strong Eastern Washington community, investigations like this one require the combined efforts of federal, state, and local agencies. I am incredibly grateful to all of the dedicated law enforcement officers, support staff, and their families, who prioritized the investigation, apprehension, and prosecution of Mr. Parra and his criminal coconspirators.” U.S. Attorney Waldref continued: “For years, Mr. Parra peddled life ravaging narcotics throughout our region with no regard for the communities, families, and individuals he was destroying. The lengthy sentence imposed reflects the need to hold drug traffickers accountable for the serious harm they cause our communities and the need to deter like-minded individuals from engaging in similar crimes.”
“Over several years, this high-level drug dealer was responsible for huge quantities of drugs being transported frequently through Eastern Washington and multiple other states,” said Donald M. Voiret, Special Agent in Charge of the FBI Seattle Field Office. “I want to thank all the partners involved in the FBI Southeast Washington Safe Streets Task Force for their commitment to this case. This sentence will remove Mr. Parra from our community for more than 15 years.”
This case was prosecuted under the Organized Crime Drug Enforcement Task Force (OCDETF) program. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes. This OCDETF investigation is being conducted by the Drug Enforcement Administration and Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case was investigated by the Federal Bureau of Investigation’s Safe Streets Task Force in Tri-Cities Washington, Kennewick Police Department, Richland Police Department, Pasco Police Department, Benton County Sheriff’s Office, and Washington Department of Corrections. This case was prosecuted by Stephanie Van Marter, Assistant United States Attorney for the Eastern District of Washington.
Beckley Man Sentenced to Prison for Distributing FentanylRead the Press Release
BECKLEY, W.Va. – A Beckley man was sentenced today to two and a half years in prison for distributing fentanyl.
According to court documents, Rashad Lewis Morris, 30, admitted to selling fentanyl to an undercover informant on four occasions in June 2021. On June 24, 2021, law enforcement officers executed a search warrant at Morris’ residence on Foster Avenue in Beckley. Morris admitted to possessing $2,900 in drug proceeds and a loaded firearm that was recovered from his bedroom. Morris previously pleaded guilty to distribution of fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Beckley/Raleigh County Drug and Violent Crime Unit, and the Raleigh County Sheriff’s Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant U.S. Attorney Courtney L. Cremeans prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00238.
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Beckley Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Beckley man pleaded guilty today to a federal gun crime.
According to court documents and statements made in court, Zachary Ryan Allen, 28, admitted to using and carrying a firearm in relation to a drug trafficking crime. Allen admitted that on July 22, 2020, he was stopped by a police officer while driving on Robert C. Byrd Drive in Beckley. During the traffic stop, Allen admitted that he had a quantity of heroin and a firearm in his car. Police officers then recovered a quantity of heroin and fentanyl, a set of digital scales which are frequently used during drug trafficking, a small amount of money, and a Springfield Armory, model 911, 9mm semi-automatic pistol. Allen further admitted that he intended to distribute the drugs found in his car and that the money consisted of the proceeds of drug trafficking activity.
Allen pleaded guilty to using and carrying a firearm in relation to drug trafficking activity and faces a mandatory minimum of five years and up to life in prison when he is sentenced on July 8, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit. The Beckley/Raleigh County Drug and Violent Crime Unit is comprised of officers from the West Virginia State Police, the Raleigh County Sheriff’s Department, and the Beckley Police Department.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Timothy D. Boggess is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00209.
Barbour County man admits to meth chargeRead the Press Release
ELKINS, WEST VIRGINIA – Jonathan Andrew Swiger, of Belington, West Virginia, has admitted to a drug charge, United States Attorney William Ihlenfeld announced.
Swiger, 33, pleaded guilty today to one count of “Possession with Intent to Distribute more than 50 Grams of Methamphetamine.” Swiger admitted to having more than 50 grams of methamphetamine, also known as “crystal meth” and “ice,” in February 2021 in Taylor County.
Swiger faces at least 10 years and up to life incarceration and fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mountain Region Drug Task Force, and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Arizona Man Sentenced to 30 Years in Prison for Distribution of Methamphetamine and Money LaunderingRead the Press Release
BENTON, Ill. – Jose Angulo, 51, of Phoenix, Arizona, was sentenced on Thursday, March 24, 2022, to
30 years imprisonment for Conspiracy to Distribute Methamphetamine, Money Laundering, and
Distribution of Methamphetamine. Evidence established during the sentencing hearing demonstrated
that from between 2018 through November of 2019, Angulo had been responsible for shipping
over 50 pounds of methamphetamine to the Southern District of Illinois and laundered drug proceeds
to conceal his drug distribution operation. During the investigation, the United States Postal
Inspection Service intercepted three packages of methamphetamine that Angulo had mailed to
addresses in East St. Louis and Swansea, Illinois, totaling nine pounds of methamphetamine.Angulo had previously been convicted in the State of Arizona for participating in a drug
trafficking organization and engaging in money laundering.This case was investigated by the United States Postal Inspection Service, the Drug Enforcement
Administration, and the Internal Revenue Service, Criminal Investigation.
The case was prosecuted by Assistant United States Attorney Laura Reppert.
Thursday 24 March 2022
Wheeling man admits to firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Shawn Brookins, of Wheeling, West Virginia, has admitted to a firearms charge, United States Attorney William Ihlenfeld announced.
Brookins, 37, pleaded guilty today to one count of “Possession of a Stolen Firearm.” Brookins admitted to having a 9mm Smith and Wesson firearm that had been stolen in June 2019 in Ohio County.
Assistant U.S. Attorney Jennifer T. Conklin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives and the Wheeling Police Department investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Wapello Man Pleads Guilty to Failure to File Income Tax ReturnsRead the Press Release
DES MOINES, IA – On March 24, 2022, Bradley Earl Ewart, age 50, of Wapello, appeared in federal court and pleaded guilty to two counts of failure to file federal income tax returns for the calendar years 2016 and 2018. Ewart is scheduled to be sentenced on July 28, 2022, by United States District Court Chief Judge Stephanie M. Rose. Each count of failure to file a tax return has a maximum sentence of one year in prison; a maximum fine of $25,000; or both. Ewart is responsible for paying his tax liability in full and must pay a $25 per count special assessment to the Crime Victims’ Fund.
Bradley Ewart has been the owner and operator of Louisa County Millwright, LLC since approximately 2004. Ewart acknowledged he received taxable income from this business during each of calendar years 2015 through 2018 in amounts that far exceeded the minimum amount that requires the filing of a federal income tax return. At the plea hearing, Ewart admitted he knew he was required to file federal income tax returns for the years 2015, 2016, 2017, and 2018 and he willfully failed to do so. He additionally admitted he did not file federal income tax returns for the years 2004 through 2014.
United States Attorney Richard D. Westphal made the announcement. This case was investigated by the Internal Revenue Service – Criminal Investigation and was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
United States Attorney’s Office for Western District of Virginia to Partner with Project Imagine in DanvilleRead the Press Release
DANVILLE, Va. – The United States Attorney’s Office for the Western District of Virginia is partnering with Danville’s Project Imagine, a life skills instruction and work-readiness program that provides at-risk and gang-affiliated individuals with education, intervention, and training.
The two organizations will team-up on the evening of March 30, 2022, at Averett University in Danville for a youth training event.
“The work of Project Imagine aligns perfectly with the Department of Justice’s emphasis on community outreach, and our Project Safe Neighborhoods' initiative,” United States Attorney Christopher R. Kavanaugh said. “While the Department will, of course, prioritize prosecution of the most violent offenders in a community, we also recognize the role we play in partnering with community groups that are preventing young people from ever getting involved in criminal activity in the first place. For me, preventing crime is just as important as a prosecution.”
On March 30, Assistant United States Attorney Rachel Swartz, Coordinator of Project Safe Neighborhoods for the U.S. Attorney’s Office in the Western District of Virginia, will explain to the program’s youths the general concepts of liability under federal law, to include the concepts of conspiracy and aiding and abetting.
“The goal of both our organizations is for our youth to understand how to avoid dangerous behavior they might otherwise view as ‘just helping out’ a friend,” U.S. Attorney Kavanaugh said. “We are thrilled to partner with Project Imagine on March 30 and at similar events beyond.”
Project Imagine is a nationally-recognized violence intervention program in Danville for individuals ages 21 and under that seeks to give teens a future off the streets by giving a positive “image” in the mind of the youth so that he or she can “imagine” a life without gangs or crime.
"It's impossible to make an educated decision with erroneous information,” said Robert David, Senior, Youth Services and Gang Violence Prevention Coordinator at Project Imagine. “Our hope is that the truth overrides any myths about federal law and gang life, and a better decision will be the outcome.”
More information about the project may be found here: www.danville-va.gov/2012/Project-Imagine
Undocumented Individual Pleads Guilty to Gun and Child Pornography ChargesRead the Press Release
BIRMINGHAM, Ala. – An undocumented individual pleaded guilty today to illegally possessing a firearm and possession of child pornography, announced U.S. Attorney Prim F. Escalona, Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr., and U.S. Customs Enforcement Homeland Security Investigations (HSI) Special Agent in Charge Katrina W. Berger.
Antonio Zapata-Chairez, 43, pleaded guilty before U.S. District Judge R. David Proctor to one count of possession of a firearm by a prohibited person and one count of possession of child pornography.
According to the plea agreement, in August 2019, FBI agents executed a search warrant for Zapata-Chairez’s residence in Birmingham based on an on-going investigation related to internet communications concerning child pornography. During the execution of the search warrant, two mobile phones, a laptop, and a Walther Smith and Wesson P22 semi-auto .22 caliber handgun were seized from the residence. The FBI contacted HSI concerning Zapata-Chairez’s status in the United States and learned that he was a foreign national and citizen of Mexico. Additionally, after a forensic examination of the digital devices and an analysis of Zapata-Chairez’s online account, images and videos of child pornography were located.
FBI Birmingham's Child Exploitation Human Trafficking Task Force and U.S. Immigration and Customs Enforcement Homeland Security Investigations investigated the case, along with the assistance of the U.S. Marshals Service and the Alabama Law Enforcement Agency (ALEA). Assistant United States Attorneys John Camp and R. Leann White are prosecuting the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Undocumented Individual Pleads Guilty to Gun and Drug ChargesRead the Press Release
BIRMINGHAM, Ala. – An undocumented individual pleaded guilty today to illegally possessing a firearm and drug trafficking, announced U.S. Attorney Prim F. Escalona and Homeland Security Investigations Special Agent in Charge Katrina Berger.
Juan Luis Salas-Jimenez, 19, pleaded guilty before United States District Judge R. David Proctor to charges of possession of a firearm by a prohibited person, possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime.
According to the plea agreement, in September 2021, officers with the Calera Police Department conducted a lawful traffic stop on Salas-Jimenez. Salas-Jimenez admitted to officers that he had some personal use cocaine in his wallet. Officers removed Salas-Jimenez from the vehicle and searched his wallet where they found two small baggies containing cocaine. During the search of Salas-Jimenez’s vehicle, officers found a small baggie containing crack cocaine under the driver's side front seat, a grocery bag containing crack cocaine inside a backpack on the passenger's side back seat, a large scale, a small digital scale, a roll of vacuum sealed bags, and a Smith and Wesson revolver.
The maximum penalty for possession with intent to distribute cocaine is 20 years in prison and a fine of no more than $250,000. The maximum penalty for possession of a firearm by a prohibited person is 10 years in prison and a fine of not more than $250,000. The minimum penalty for possession of a firearm during a drug trafficking crime is five years in prison, which must run consecutive to any other sentence, and a fine of no more than $10,000,000.
Homeland Security Investigations along with the Calera Police Department investigated the case. Assistant United States Attorney Darius Greene is prosecuting the case.
U.S. Attorney’s Office Settles Disability Discrimination Allegations with the Massachusetts Trial Court Concerning Access to Medications for Opioid Use DisorderRead the Press Release
BOSTON – United States Attorney Rachael S. Rollins announced today that an agreement has been reached with the Massachusetts Trial Court to resolve allegations that its drug court violated the Americans with Disabilities Act (ADA) by discriminating against individuals with Opioid Use Disorder (OUD).
The agreement resolves a complaint filed with the U.S. Attorney’s Office that the Trial Court discriminated against drug court participants taking Medication for Opioid Use Disorder (MOUD). MOUDs are FDA-approved medications prescribed by licensed medical providers and include buprenorphine (Suboxone), methadone and naltrexone (Vivitrol). MOUDs are evidence-based treatments for OUD, which may increase the likelihood that a person will not continue to use illegal drugs, reduce withdrawal symptoms and cravings and reduce the risk of overdose death. According to the complaint, as a condition of participating in drug court, participants were ordered or pressured to stop taking their lawfully prescribed MOUD, without an individualized assessment by a medical professional. In addition, drug court personnel - with no medical training - required or pressured drug court participants to specifically and exclusively take Vivitrol as a condition of participation in drug court, without regard to whether a health professional recommended that specific treatment option over others.
“The opioid crisis has impacted nearly every household and family unit in the Commonwealth. My family is no exception. Sadly, in Massachusetts per capita rates of opioid-related deaths are above the national average. To combat this public health crisis we need to be doing everything possible to save lives. That includes ensuring access to all forms of medical treatment for OUD,” said United States Attorney Rachael S. Rollins. “We commend the Massachusetts Trial Court for working with us to implement a policy that sets a standard for other state courts across our country to follow. This policy helps ensure that the court system leaves MOUD treatment decisions to trained and licensed medical professionals.”
Under the terms of the agreement, all 25 of the Massachusetts drug courts will implement the Trial Court’s new policy in which only licensed prescribers or opioid treatment programs (OTP) will make decisions regarding a participant’s treatment plan, including the type of medication and dosage. Treatment plans will be developed by the licensed prescriber or OTP after conducting an individualized assessment for each participant. Drug courts and their personnel will not interfere with these individualized assessments, and will not express a preference for, or mandate, one form of MOUD over another. Drug courts and their personnel may only require that participants with OUD comply with the treatment recommendations of a licensed prescriber or OTP. Additionally, drug courts will ensure compliance with the policy, including implementing a new procedure for reviewing complaints about decisions related to MOUD, regardless of the source of the complaint.
This matter is part of an ongoing effort by the U.S. Attorney’s Office to enforce Title III of the ADA to eliminate discriminatory barriers to treatment for Opioid Use Disorder. It is the Office’s 14th settlement agreement since May 2018 resolving allegations of ADA violations arising from Opioid Use Disorder treatment.
The matter was handled by Assistant U.S. Attorney Gregory Dorchak of Rollins’ Civil Rights Unit.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Two Trenton Men Indicted for Fentanyl ConspiracyRead the Press Release
KANSAS CITY, Mo. – Two Trenton, Missouri, men have been indicted by a federal grand jury for their roles in a conspiracy to distribute fentanyl in Grundy County, Mo., and elsewhere.
Troy Lee Palmer, 24, and Dallas W. Hughs, 26, were charged in a six-count indictment returned under seal by a federal grand jury on March 1, 2022. That indictment has been unsealed following the arrests of Palmer and Hughs. Palmer, who was arrested yesterday, remains in federal custody pending a detention hearing on March 28, 2022. Hughs is not eligible for bond as he was already in state custody on separate case.
The federal indictment alleges that Palmer and Hughs participated in a conspiracy to distribute 400 grams or more of fentanyl since Oct. 27, 2020.
In addition to the conspiracy, Palmer is charged with one count of possessing fentanyl to distribute in Grundy County on Dec. 8, 2020, and one count of possessing several firearms in furtherance of drug-trafficking crimes. Palmer allegedly possessed a Cricket .22-caliber bolt-action rifle, a Ross .22-caliber rifle, a Ross .410-gauge shotgun, a Ruger 410-gauge shotgun, a Hiawatha 12-gauge shotgun, and a Ruger .223-caliber rifle on Dec. 8, 2020.
Hughs is also charged with three counts of distributing fentanyl in Grundy County on separate occasions between Aug. 23 and Sept. 13, 2021.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Special Assistant U.S. Attorney Maureen Bracket. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Grundy County, Mo., Sheriff’s Department, the Trenton, Mo., Police Department, the Northwest Missouri Drug Task Force, the Drug Enforcement Administration, the Buchanan County Drug Strike Force, and IRS-Criminal Investigation.
Two Promoters of a Nationwide Tax Scheme Sentenced to PrisonRead the Press Release
Two men were sentenced to prison yesterday for conspiring to defraud the United States by promoting a nationwide tax fraud scheme to more than 200 participants in at least 19 states.
Iran V. Backstrom, aka Shariyf Noble, of Milledgeville, Georgia, was sentenced to 105 months in prison. His second-in-command, Mehef Bey, aka Arthur Daniels, of Charlotte, North Carolina, was sentenced to 11 years in prison.
According to court documents and statements made in court, Backstrom was the main promoter of the scheme and Bey was one of his co-conspirators. Their scheme involved recruiting clients and preparing false tax returns on the clients’ behalf by convincing them their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Backstrom and Bey held seminars across the county to publicize the scheme. As part of the scheme, Backstrom, Bey and their co-conspirators helped prepare and file tax returns for the participants that sought more than $64 million refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to, or withheld any taxes from, these individuals. To make the refund claims appear legitimate, however, Backstrom, Bey and their co-conspirators filed fraudulent tax documents with the IRS that matched the withholding information listed on the tax returns, making them appear as if they had been issued by the banks.
As part of his plea, Backstrom admitted he gave orders to others as part of the scheme. Backstrom and Bey both admitted they and their co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared,” submitting false IRS forms designed to appear as if they were created by the participants’ financial institutions, and coaching the participants on how to conceal the scheme from the IRS. Backstrom and Bey further admitted they and their co-conspirators charged participants approximately $10,000 to $15,000 in fees for the preparation of each tax return.
Two of Backstrom and Bey’s co-conspirators, Aaron Aqueron and Yomarie Febres, have also pleaded guilty and will be sentenced at a later date.
“Backstrom and Bey marketed a tax refund scheme throughout the country, costing the government millions of dollars,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “They have now received substantial sentences for their criminal conduct. Others contemplating promoting similar schemes should recognize that they too will be identified and face significant time in prison.”
“Tax fraud is a serious crime,” stated U.S. Attorney Roger Handberg for the Middle District of Florida. “The defendants in this case employed a complex scheme to defraud the IRS out of millions of dollars. We encourage consumers to be vigilant in selecting legitimate tax preparers as we continue to work with our law enforcement partners to prosecute those who willfully violate our nation’s tax laws.”
“With tax season in full swing, the significant sentencings of the defendants is a timely reminder of the consequences awaiting those who file fraudulent returns,” said Special Agent in Charge Brian Payne of IRS-Criminal Investigation. “Dishonest return preparers use a variety of methods to cheat the government. If it seems too good to be true, it is very likely too good to be true. Remember, it is your responsibility to know what is on your income tax return. Taxpayers are encouraged to visit the IRS.gov website for tips on selecting a reputable return preparer.”
In addition to the term of imprisonment, the district judge also ordered both defendants to serve three years of supervised release and pay approximately $26,350,630 in restitution to the United States.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Handberg made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada and Isaiah Boyd III of the Tax Division, and Assistant U.S. Attorney Chauncey A. Bratt for the Middle District of Florida, are prosecuting the case.
Two Promoters of Nationwide Tax Scheme Sentenced to PrisonRead the Press Release
Orlando, FL – Two men were sentenced to prison yesterday for conspiring to defraud the United States by promoting a nationwide tax fraud scheme to more than 200 participants in at least 19 states.
Iran V. Backstrom, aka Shariyf Noble, of Milledgeville, Georgia, was sentenced to 105 months in prison. His second-in-command, Mehef Bey, aka Arthur Daniels, of Charlotte, North Carolina, was sentenced to 11 years in prison.
According to court documents and statements made in court, Backstrom was the main promoter of the scheme and Bey was one of his co-conspirators. Their scheme involved recruiting clients and preparing false tax returns on the clients’ behalf by convincing them their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Backstrom and Bey held seminars across the county to publicize the scheme. As part of the scheme, Backstrom, Bey and their co-conspirators helped prepare and file tax returns for the participants that sought more than $64 million refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to, or withheld any taxes from, these individuals. To make the refund claims appear legitimate, however, Backstrom, Bey and their co-conspirators filed fraudulent tax documents with the IRS that matched the withholding information listed on the tax returns, making them appear as if they had been issued by the banks.
As part of his plea, Backstrom admitted he gave orders to others as part of the scheme. Backstrom and Bey both admitted they and their co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared,” submitting false IRS forms designed to appear as if they were created by the participants’ financial institutions, and coaching the participants on how to conceal the scheme from the IRS. Backstrom and Bey further admitted they and their co-conspirators charged participants approximately $10,000 to $15,000 in fees for the preparation of each tax return.
Two of Backstrom and Bey’s co-conspirators, Aaron Aqueron and Yomarie Febres, have also pleaded guilty and will be sentenced at a later date.
“Backstrom and Bey marketed a tax refund scheme throughout the country, costing the government millions of dollars,” said Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. “They have now received substantial sentences for their criminal conduct. Others contemplating promoting similar schemes should recognize that they too will be identified and face significant time in prison.”
“Tax fraud is a serious crime,” stated U.S. Attorney Roger Handberg for the Middle District of Florida. “The defendants in this case employed a complex scheme to defraud the IRS out of millions of dollars. We encourage consumers to be vigilant in selecting legitimate tax preparers as we continue to work with our law enforcement partners to prosecute those who willfully violate our nation’s tax laws.”
“With tax season in full swing, the significant sentencings of the defendants is a timely reminder of the consequences awaiting those who file fraudulent returns,” said Special Agent in Charge Brian Payne of IRS-Criminal Investigation. “Dishonest return preparers use a variety of methods to cheat the government. If it seems too good to be true, it is very likely too good to be true. Remember, it is your responsibility to know what is on your income tax return. Taxpayers are encouraged to visit the IRS.gov website for tips on selecting a reputable return preparer.”
In addition to the term of imprisonment, the district judge also ordered both defendants to serve three years of supervised release and pay approximately $26,350,630 in restitution to the United States.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Handberg made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada and Isaiah Boyd III of the Tax Division, and Assistant U.S. Attorney Chauncey A. Bratt for the Middle District of Florida, are prosecuting the case.
Two Defendants Charged in Non-Fungible Token (“NFT”) Fraud and Money Laundering SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Thomas Fattorusso, Special Agent in Charge of the New York Field Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), Ricky J. Patel, the Acting Special Agent-in-Charge of the New York Field Office of the Department of Homeland Security (“HSI”), and Daniel B. Brubaker, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced that ETHAN NGUYEN, a/k/a “Frostie,” a/k/a “Jakefiftyeight,” a/k/a “Jobo,” a/k/a “Joboethan,” a/k/a “Meltfrost,” and ANDRE LLACUNA, a/k/a “heyandre,” were charged in a criminal complaint with conspiracy to commit wire fraud and conspiracy to commit money laundering, in connection with a million-dollar scheme to defraud purchasers of NFTs advertised as “Frosties.” Rather than providing the benefits advertised to Frosties NFT purchasers, NGUYEN and LLACUNA transferred the cryptocurrency proceeds of the scheme to various cryptocurrency wallets under their control. Prior to their arrests in Los Angeles, California, NGUYEN and LLACUNA were preparing to launch the sale of a second set of NFTs advertised as “Embers,” which was anticipated to generate approximately $1.5 million in cryptocurrency proceeds.
U.S. Attorney Damian Williams said: “NFTs have been around for several years, but recently mainstream interest has skyrocketed. Where there is money to be made, fraudsters will look for ways to steal it. As we allege, Mr. Nguyen and Mr. Llacuna promised investors the benefits of the Frosties NFTs, but when it sold out, they pulled the rug out from under the victims, almost immediately shutting down the website and transferring the money. Our job as prosecutors and law enforcement is to protect investors from swindlers looking for a payday.”
IRS-CI Special Agent-in-Charge Thomas Fattorusso said: “NFTs represent a new era for financial investments, but the same rules apply to an investment in an NFT or a real estate development. You can’t solicit funds for a business opportunity, abandon that business and abscond with money investors provided you. Our team here at IRS-CI and our partners at HSI closely track cryptocurrency transactions in an effort to uncover alleged schemes like this one.”
HSI Acting Special Agent-in-Charge Ricky J. Patel said: “The trending market and demand for NFT investments has not only drawn the attention of real artists, but scam artists as well. The arrested thieves allegedly hid behind online identities where they promised investors rewards, giveaways, and exclusive opportunities before implementing their ‘rug pull’ scheme – leaving investors with empty pockets and no legitimate investment. HSI New York’s Dark Web & Cryptocurrency Task Force worked closely with our IRS-CI partners to identify and shut down these fraudsters as they prepared to launch the sale of yet another NFT project that would have likely scammed countless others.”
USPIS Inspector-in-Charge Daniel B. Brubaker said: “The rise and popularity of various cryptocurrencies have changed the landscape of buying and selling investments, leading to ample opportunities for new fraud schemes. Today’s arrests involved Non-Fungible Tokens (“NFTs"), opening the door to alternative investment options and substantial risk. These assets may seem like a good deal or a way to become wealthy, but in many cases, as in this situation, only lead to the loss of your money. Postal Inspectors will pursue fraudsters with our law enforcement partners in any consumer market and advise consumers to pursue emerging investment trends with diligence and skepticism."
As alleged in the Complaint[1]:
Since in or about January 2022, IRS-CI and HSI have been investigating a NFT fraud scheme based on reports from purchasers of Frosties utility NFTs[2] that they had been defrauded in what is colloquially referred to as a “rug pull.” As the term suggests, a “rug pull” refers to a scenario where the creator of an NFT and/or gaming project solicits investments and then abruptly abandons a project and fraudulently retains the project investors’ funds. According to the official Frosties website, Frosties purchasers would be eligible for holder rewards, such as, inter alia, giveaways, early access to a metaverse game, and exclusive mint passes to upcoming Frosties seasons. In reality, on or about January 9, 2022, NGUYEN and LLACUNA, whose legal identities were disguised to Frosties NFT purchasers, abruptly abandoned the Frosties NFT project within hours after selling out of Frosties NFTs, deactivated the Frosties website, and transferred approximately $1.1 million in cryptocurrency proceeds from the scheme to various cryptocurrency wallets under their control in multiple transactions designed to obfuscate the original source of funds. A screenshot taken from the Frosties website is shown below:
Prior to their arrests, NGUYEN and LLACUNA were advertising a second NFT project under the name “Embers,” which, based on similarities to the Frosties NFT project, is believed to be another fraud scheme that was expected to launch on or around March 26, 2022. A screenshot taken from the Embers website is shown below:
* * *
ETHAN VINH NGUYEN, 20, and ANDRE MARCUS QUIDDAOEN LLACUNA, 20, are each charged with one count of commit wire fraud, in violation of 18 U.S.C. § 1349, which carries a maximum sentence of 20 years in prison; and one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), which carries a maximum sentence of 20 years in prison.
The maximum potential sentences described above are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the assigned judge.
Mr. Williams praised the outstanding investigative work of HSI, IRS-CI, and USPIS.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorney Danielle M. Kudla is in charge of the prosecution.
If you believe that you have been a victim of this crime, please contact HSI Special Agent Paul Nugent at [email protected].
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaint.
[2] A “utility” NFT offers holders added benefits, such as reward programs, giveaways, and early access to events for NFT holders.
Texas Man Charged with Civil Rights Violations for Setting Fire to SynagogueRead the Press Release
A federal grand jury in Austin, Texas, yesterday returned a three-count indictment charging Franklin Barrett Sechriest with crimes relating to the intentional fire set at the Congregation Beth Israel synagogue in Austin on Oct. 31, 2021.
According to a federal criminal complaint previously filed in this case and evidence presented at a detention hearing, on Oct. 31, 2021, at around 9:00 p.m., Sechriest set fire to the Congregation Beth Israel synagogue. He was seen on surveillance video carrying a five-gallon container and toilet paper toward the synagogue’s sanctuary. Moments later, multiple surveillance videos captured the distinct glow of a fire ignition appearing to come from the direction of the sanctuary. A security camera captured Sechriest jogging away from the direction of the fire and towards the open driver’s side door of a vehicle. A concerned citizen reported the fire, and the Austin Fire Department responded quickly to extinguish it. No one was injured, but the fire caused over $200,000 in damage.
The vehicle seen in the surveillance video was later traced to Sechriest’s residence, in part based on surveillance video from Oct. 28, 2021, showing a similar vehicle parked near the synagogue’s sanctuary with the license plate visible. On Nov. 10, 2021, the FBI searched Sechriest’s residence under authority of a court-ordered search warrant. During the search, agents found items similar to those seen on the Oct. 31 surveillance videos, including similar clothing worn by Sechriest and a receipt for a five-gallon container similar to the one seen on video. Also found were various handwritten journals appearing to be written by Sechriest. The journals contained statements related to the synagogue fire and statements demonstrating hatred of and contempt for persons of the Jewish faith.
The indictment charges Sechriest with one count each of damage to religious property, use of fire to commit a federal crime, and arson. If convicted of all charges, Sechriest faces a minimum of 10 years and maximum of 60 years of imprisonment, a fine of $250,000 or twice the loss suffered by the victim, and restitution for the amount of damage caused. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Sechriest remains in federal custody since his arrest on Nov. 12, 2021.
Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division and U.S. Attorney Ashley C. Hoff of the Western District of Texas made the announcement. Assistant U.S. Attorney Matthew Devlin of the Western District of Texas and Trial Attorney Andrew Manns of the Department of Justice’s Civil Rights Division are prosecuting the case.
The FBI and Austin Fire Department are investigating the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.