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Newest first across public DOJ and U.S. Attorney press releases.
29 April 2022
Member of Georgia Chapter of Oath Keepers Pleads Guilty to Seditious Conspiracy and Obstruction of Congress for Efforts to Stop Transfer of Power Following 2020 Presidential ElectionRead the Press Release
WASHINGTON – A member of the Oath Keepers pleaded guilty today to seditious conspiracy and obstruction of an official proceeding for his actions before, during, and after the breach of the U.S. Capitol on Jan. 6, 2021. His and others’ actions disrupted a joint session of the U.S. Congress convened to ascertain and count the electoral votes related to the presidential election.
Brian Ulrich, 44, of Guyton, Georgia pleaded guilty to seditious conspiracy in connection with the Capitol breach. As part of the plea agreement, Ulrich has agreed to cooperate with the government’s ongoing investigation.
Ulrich is the second Oath Keepers member to plead guilty to seditious conspiracy and obstruction charges. Joshua James, 34, of Arab, Alabama, pleaded guilty on March 2, 2022.
As described in court documents, Ulrich was a member of the Georgia chapter of the Oath Keepers. The Oath Keepers are a large but loosely organized collection of individuals, some of whom are associated with militias. Though the Oath Keepers will accept anyone as members, they explicitly focus on recruiting current and former military, law enforcement, and first-responder personnel.
In his guilty plea, Ulrich admitted that, from November 2020 through January 2021, he conspired with other Oath Keeper members and affiliates to use force to prevent, hinder and delay the execution of the laws of the United States governing the transfer of presidential power. He and others used encrypted and private communications, equipped themselves with a variety of weapons, donned combat and tactical gear, and were prepared to use force to stop the transfer of power.
In the weeks leading to Jan. 6, 2021, Ulrich and others used an application called “Signal” to prepare for the actions that would take place that day. Ulrich encouraged others in a group called “Oath Keepers of Georgia” to join him in Washington. In one chat, on Dec. 5, 2020, he messaged the group, “I seriously wonder what it would take just to get ever patriot marching around the capital armed? Just to show our government how powerless they are!’ On Dec. 11, 2020, Ulrich messaged the group chat that “Civil War” may be necessary if Joseph R. Biden became President of the United States, adding “I made my peace with God before I joined.” Another individual later messaged, “remember, it is not over until January 20th.” Ulrich responded, “And if there’s a Civil War then there’s a Civil War.”
Ulrich also purchased tactical gear and other items, including two-way radio receivers, a recon backpack, a tactical holster, a medical tourniquet, and a half skull motorcycle helmet. Ulrich was told by another co-conspirator that others would be available with firearms. On Jan. 4, he traveled with other Oath Keepers to the Washington, D.C. metropolitan area, staying in a downtown hotel with others.
On Jan. 6, after learning the Capitol had been breached, Ulrich and others traveled to the Capitol on golf carts, driving around multiple barricades, including marked law enforcement vehicles. Ulrich was wearing a tactical vest, radio equipment, a body-worn camera, goggles, a camouflage tactical backpack, a black neck gaiter, and an Oath Keepers hat.
He and others weaved through the restricted area in a military “stack” formation with hands on shoulders and gear. Ulrich marched in a line up the stairs on the east side of the Capitol. He entered the building at 3:22 p.m., maneuvering himself toward the entrance to the Rotunda as law enforcement officers were attempting to clear the area. After officers deployed chemical-irritant spray, Ulrich left the Capitol and gathered with other co-conspirators approximately 100 feet from the building. In the aftermath of Jan. 6, Ulrich continued to communicate with co-conspirators on Signal, including one message urging them to “stay below the radar.”
Ulrich was arrested on Aug. 9, 2021, in Guyton, Georgia. He was among 11 defendants indicted on Jan. 12, 2022, in the District of Columbia on seditious conspiracy and other charges; co-defendant Joshua James pleaded guilty, and the remaining nine defendants have pleaded not guilty, including Elmer Stewart Rhodes III, 57, the founder and leader of the Oath Keepers.
Ulrich faces up to 20 years in prison for seditious conspiracy and up to 20 years for obstruction of an official proceeding, along with potential financial penalties. No sentencing date was set. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Southern District of Georgia.
The case is being investigated by the FBI’s Washington Field Office and the FBI’s Atlanta Field Office, including its Macon, Georgia Resident Agency.
In the 15 months since Jan. 6, 2021, nearly 800 individuals have been arrested in nearly all 50 states for crimes related to the breach of the U.S. Capitol, including over 250 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Maryland United States Attorney’s and Drug Enforcement Administration Highlight Efforts in Fight Against Opioid Abuse Amidst Increased Overdose TrendsRead the Press Release
Baltimore, Maryland – United States Attorney for the District of Maryland Erek L. Barron and Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office are teaming up to publicize the Drug Enforcement Administration’s 21st National Prescription Drug Take Back Day being held at various sites across Maryland and the country on Saturday, April 30, 2022.
National Drug Take Back Day is a nationwide event in which citizens can safely and anonymously dispose of unused prescriptions at DEA drop off location sites for free. The nationwide effort aims to provide a safe, convenient, and responsible method of disposing of prescription drugs and educating the general public about the potential for abuse of medications. Maryland has approximately 100 available sites. The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539.
Maryland U.S. Attorney Erek Barron will be participating in National Prescription Drug Take Back Day with the DEA as well as other federal, state, and local law enforcement officials at 5305 Village Center Dr, Columbia, MD from 10 a.m. to 2 p.m. The event is sponsored by HC DrugFree and the Howard County Police Department.
“Over the course of the last year, the state of Maryland has seen a significant increase in drug overdoses and crimes that exploit the opioid epidemic. For example, fentanyl, a drug that can be consumed safely when prescribed by a physician, can be severely addictive and has plagued countless Maryland families. Thanks to the DEA’s efforts and the abundance of collection sites, individuals can safely dispose of unused medications that could lead to prescription drug abuse” said United States Attorney for the District of Maryland, Erek L. Barron. “I encourage all Marylanders to dispose of unused and unneeded prescription drugs in their homes by participating in DEA’s National Prescription Drug Take Back Day on Saturday or by visiting https://takebackday.dea.gov/ to find a collection site near them”.
DEA and our state and local partners throughout the area will collect tablets, capsules, patches, and other solid forms. DEA will also accept vape pens or other e-cigarette devices from individual consumers, only after the batteries are removed from the devices. If the battery cannot be removed, individual consumers can check with large electronic chain stores who may accept the vape pen or e-cigarette devices for proper disposal. Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off. This service is free and anonymous, no questions asked.
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home. Go to https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines or https://www.epa.gov/hwgenerators/collecting-and-disposing-unwanted-medicines.
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year, and at many local law enforcement agency sites.
Recent Federal Prosecution of Opioid Cases:
United States v. Rodney Mondell Coby: On April 13, 2022, Rodney Mondell Coby, a/k/a “Cuz,” age 33, of Waldorf, Maryland, was sentenced to 40 years in federal prison for distribution of fentanyl resulting in death, conspiracy to distribute and possess with intent to distribute controlled substances, possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and being a felon in possession of firearms and ammunition. According to the evidence presented at trial, Coby distributed kilograms of fentanyl to resale and personal use customers of the course of several years. On at least two occasions, Coby and others distributed fentanyl to two individuals who later died as a result of the consumed fentanyl. During an executed search warrant at Coby’s apartment, law enforcement recovered 5 firearms, 159 rounds of ammunition, 121 individual baggies of fentanyl, and $22,000 in cash amongst other items.
United States v. Dwight Antonio Pitts: On March 1, 2022, Dwight Antonio Pitts, age 47, of Hanover, Maryland, was sentenced to 15 years in federal prison for his participation in a drug distribution conspiracy involving large amounts of fentanyl, cocaine, and marijuana, shipped through the U.S. Mail from California to Maryland. Pitts admitted that during his participation in the conspiracy, it was foreseeable that he and the other conspirators distributed approximately 8.5 kilograms of fentanyl; approximately 150 kilograms of cocaine; and approximately 50 kilograms of marijuana.
United States v. Justina Aburime: On January 11, 2022, Justina Aburime, age 53, of Bowie, Maryland, pleaded guilty to one count of conspiracy to distribute and dispense oxycodone and one count of distribution and dispensing of oxycodone. From February 2017 to February 2020, Aburime conspired with others, including Thomas Charles Johnson, to distribute and dispense oxycodone outside the scope of professional practice and not for a legitimate medical purpose at Personal Touch Medical Spa, LLP (PTMS), a Largo, Maryland pain management clinic. During her employment with PTMS, Aburime also allowed an unauthorized person to write oxycodone prescriptions using her medical credentials. Specifically, Aburime allowed PTMS’s owner—who was not authorized to prescribe controlled substances—to prescribe oxycodone to individuals using pre-signed blank prescriptions bearing Aburime’s name and DEA registration number. Aburime faces a maximum sentence of 20 years in prison followed by up to a lifetime of supervised release for each count.
For more information on opioid abuse and where you can find help, please visit /media/1138691/dl?inline.
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Maryland Man Found Guilty of Murder for Hire, Robbery and Drug TraffickingRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kevin Coles, age 36, of New York, NY and Hagerstown, Maryland, was found guilty yesterday of multiple crimes, including murder for hire, robbery, and drug trafficking after a three-week trial before United States District Court Judge Christopher C. Conner. The jurors deliberated for approximately three hours before rendering a guilty verdict on all counts.
According to United States Attorney John C. Gurganus, the charges against Coles were the result of a six-year investigation into three murders that occurred on June 25, 2016, on a property along Welsh Run Road in Mercersburg, Franklin County. When Pennsylvania State Police officers were called to the scene, they found Wendy Ann Chaney, 39, Hagerstown, Md, Brandon Cole, 47, Fayetteville, PA, and Phillip Matthew Jackson, 36, Mercersburg, PA, all to have been shot in a barn on victim Jackson’s property. The three victims had their hands zipped-tied behind their backs and had been set on fire. Jackson and Cole were shot once in the head. Chaney was shot twice, once in the back and one in the head. Wendy Chaney and Brandon Cole were already dead when the police responded to the scene. Phillip Jackson was transported to York Hospital where he died shortly after arrival.
The evidence presented at trial established that Wendy Chaney was in a relationship with Coles and had been previously assisting him with his drug distribution operation. Coles learned that Chaney was cooperating with federal authorities and contracted for her to be murdered. Intermediaries recruited members of a Baltimore based gang known as the Black Guerilla Family and others from Baltimore to travel to the Jackson property to kill Wendy Chaney. The killers were promised that they could take as payment $20,000 that was to be in a safe in the barn and any drugs and firearms that they could locate on the Jackson property. Once there, the killers encountered not only Wendy Chaney but also Brandon Cole and Phillip Jackson. All were murdered to prevent them from cooperating and from being witnesses to the crimes of violence that were committed at that time. The killers never found any money on the property.
The evidence also established that Coles was involved in trafficking significant amounts of heroin and crack cocaine in Chambersburg, PA, Hagerstown, MD and elsewhere. The jury found that two individuals to whom Coles distributed heroin suffered serious bodily injury when they overdosed on the heroin Coles supplied and had to be resuscitated by the administration of Narcan. Finally, the jury found Coles guilty of using, brandishing and discharging a firearm during and in relation to his drug trafficking activities.
“This is one of the most disturbing and violent cases in this Division’s history. The fact that all three victims were shot in the head with their hands restrained and then set on fire shows how utterly deplorable these murders were,” said Thomas Hodnett, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Coles was the one who contracted for these murders to occur due to Chaney’s cooperation with the DEA. Let me be clear; anyone who attempts to intimidate, harm, or murder a witness will feel the full wrath and weight of a federal criminal prosecution.”
“We would like to thank all of the personnel within the department and our local, state and federal partners who worked tirelessly on this case,” said Pennsylvania State Police, Troop H Captain Mark Magyar. “The total team effort is a testament to what is needed to successfully investigate and prosecute a case of this magnitude.”
Initially, Coles, along with other individuals, were charged in connection with the investigation:
- Devin Dickerson, age 31, Hagerstown, pleaded guilty to conspiracy to distribute heroin and crack cocaine and is awaiting sentencing;
- Kenyatta Corbett, age 38, Hagerstown, pleaded guilty to Hobbs Act robbery and to being an accomplice to the use of a firearm during Hobbs Act robbery and is awaiting sentencing;
- Michael Buck, age 30, Hagerstown, pleaded guilty to Hobbs Act robbery and to being an accomplice to the use of a firearm during Hobbs Act robbery and is awaiting sentencing;
- Nicholas Preddy, age 29, Baltimore, pleaded guilty to attempting to kill a witness and is awaiting sentencing;
- Johnnie Jenkins-Armstrong, age 22, Baltimore, pleaded guilty to Hobbs Act robbery and to being an accomplice to the use of a firearm during Hobbs Act robbery and is awaiting sentencing;
- Terrance Lawson, age 31, Baltimore, sentenced to time served for attempting to intimidate a witness;
- Tyrone Armstrong, age 30, Baltimore, sentenced to time served for attempting to intimidate a witness; and
- Christopher Johnson, age 31, Baltimore, Maryland, pleaded guilty to multiple counts including murder for hire and is awaiting sentencing.
Joshua Davis, age 30, previously pled guilty to participating in the conspiracy to locate and kill an individual believed to be cooperating with federal authorities in the investigation of the triple murders. Davis was sentenced to serve 100 months’ imprisonment.
Two other individuals, Torey White, age 30, of Waynesboro, Pennsylvania, and Jerell Adgebesan, age 32, of Baltimore, Maryland, are charged in connection with the investigation and are awaiting trial.
The following federal, state and local law enforcement agencies participated in the investigation: Drug Enforcement Administration Harrisburg Resident Office; Pennsylvania State Police, Chambersburg; Pennsylvania State Police, Troop H; Franklin County Drug Task Force; Franklin County Adult Probation; Pennsylvania State Probation and Parole; Hagerstown Police Department, Criminal Investigation Division; Drug Enforcement Administration, Hagerstown Resident Office; Washington County Narcotics Task Force; Drug Enforcement Administration, Baltimore District Office, Strike Force Group 1; Maryland State Police Homicide Unit; Baltimore Police Department Narcotics, Fugitive And Homicide Units; Baltimore County Police Department Narcotics and Gang Unit; Federal Bureau of Investigation Evidence Management Unit, Quantico, VA; US Marshal’s Service Harrisburg, PA and Phoenix, AZ; Franklin County District Attorney’s Office; United States Attorney’s Office, District Of Maryland; and the Washington County State’s Attorney’s Office.
Assistant United States Attorney William A. Behe, Organized Crime Drug Enforcement Task Force, and Senior Litigation Counsel Michael Consiglio are prosecuting 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.
This prosecution is also part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF) identified as “Retribution for Welsh Run”. OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
The penalty under federal law for several of these offenses is mandatory life 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 and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Mary R. Jensen Appointed as Acting U.S. Trustee for the Judicial Districts Established for the States of Minnesota, Iowa, North Dakota and South DakotaRead the Press Release
Attorney General Merrick B. Garland has appointed Mary R. Jensen as the Acting U.S. Trustee for the judicial districts established for the States of Minnesota, Iowa, North Dakota and South Dakota effective May 7, 2022, the Executive Office for U.S. Trustees (EOUST) announced today. She will replace James L. Snyder, who is retiring after more than 32 years of government service.
Ms. Jensen has been with the U.S. Trustee Program (USTP) for 13 years, first as a Trial Attorney in the Madison, Wisconsin, office before being appointed as its Assistant U.S. Trustee in 2014. She received her law degree summa cum laude from Duquesne University and holds a bachelor’s degree in psychology magna cum laude from the University of Dallas and a master’s degree in professional writing with a concentration in management from Carnegie Mellon University.
“Ms. Jensen is an established leader within the USTP who will bring great focus and energy to this broader role,” said EOUST Acting Director Ramona D. Elliott. “I extend my best wishes and sincere thanks to Mr. Snyder for his immeasurable contributions to the Program and Region 12 over his long tenure with us.”
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 12 has offices in Cedar Rapids and Des Moines, Iowa, and Minneapolis, Minnesota.
Mary R. Jensen Appointed as Acting U.S. Trustee for the Judicial Districts Established for the States of Minnesota, Iowa, North Dakota and South DakotaRead the Press Release
Attorney General Merrick B. Garland has appointed Mary R. Jensen as the Acting U.S. Trustee for the judicial districts established for the States of Minnesota, Iowa, North Dakota and South Dakota effective May 7, 2022, the Executive Office for U.S. Trustees (EOUST) announced today. She will replace James L. Snyder, who is retiring after more than 32 years of government service.
Ms. Jensen has been with the U.S. Trustee Program (USTP) for 13 years, first as a Trial Attorney in the Madison, Wisconsin, office before being appointed as its Assistant U.S. Trustee in 2014. She received her law degree summa cum laude from Duquesne University and holds a bachelor’s degree in psychology magna cum laude from the University of Dallas and a master’s degree in professional writing with a concentration in management from Carnegie Mellon University.
“Ms. Jensen is an established leader within the USTP who will bring great focus and energy to this broader role,” said EOUST Acting Director Ramona D. Elliott. “I extend my best wishes and sincere thanks to Mr. Snyder for his immeasurable contributions to the Program and Region 12 over his long tenure with us.”
The U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. The USTP has 21 regions and 90 field office locations. Region 12 has offices in Cedar Rapids and Des Moines, Iowa, and Minneapolis, Minnesota.
Marshalltown Man Sentenced to over 20 Years in Prison for His Role in Importing Methamphetamine Iowa from MexicoRead the Press Release
A Marshalltown man, who was involved in the importation and distribution of thousands of kilograms of methamphetamine, was sentenced today, April 29, 2022, to over 20 years in federal prison.
Genaro Aguilar Lemus, age 23, from Marshalltown, Iowa, received the prison sentence after a May 6, 2021, guilty plea to conspiracy to distribute methamphetamine.
Evidence at the plea and sentencing hearings showed that, beginning in 2017, law enforcement investigated a large-scale methamphetamine trafficking organization operating out of Mexico. The head of the organization, Mario Hernandez, was based in Mexico and worked with others, including Aguilar Lemus, to transport kilogram quantities of methamphetamine into Iowa. Aguilar Lemus was intercepted on a wiretap investigation speaking with Mario Hernandez. He was also intercepted on the wiretap investigation speaking with Travis Werkmeister, a high-ranking member of the organization based out of Waterloo, Iowa. Aguilar Lemus arranged shipments of methamphetamine into Iowa and the transport of currency back to Mexico. Aguilar Lemus would receive pound to kilogram quantities of methamphetamine at a time and would redistribute to others involved in the conspiracy, who would in turn sell to others.
Aguilar Lemus was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Aguilar Lemus was sentenced to 243 months’ imprisonment. He must also serve a five-year term of supervised release after the prison term and pay a $100 special assessment fee. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Ashley Corkery. This case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Mid-Iowa Task Force (Marshall County Sheriff’s Office, Tama County Sheriff’s Office, Marshalltown Police Department), Iowa National Guard and Counter Drug Program, Tri-County Task Force (Cedar Falls Police Department, Waterloo Police Department, Black Hawk County Sheriff’s Office), the Federal Bureau of Investigation, the FBI Safe Streets Task Force, the Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2034.
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Major Seafood Dealer and Eight Individuals Indicted for International Wildlife TraffickingRead the Press Release
The Justice Department’s Environment and Natural Resources Division, Environmental Crimes Section, unsealed an indictment charging a major seafood distributor and eight of its employees and associates with smuggling, Lacey Act violations and conspiracy to violate the Endangered Species Act, stemming from their trafficking in large volumes of highly imperiled eels. The defendants facing these felony charges are:
- American Eel Depot Corporation of Totowa, New Jersey
- Yi Rui Huang, aka Ricky, 47, of Oakland Gardens, New York
- Fen Liu, aka Emily, 45, of Oakland Gardens, New York
- Chao Jin Shi, aka Kevin, 49, of Flushing, New York
- Guo Tuan Zhou, aka Jason, 45, of Woodhaven, New York
- Liang Chen, aka Jackie, 33, of Fujian, China
- Yundong Wei, 42, of Fuzhou, China
- Xiajuan Huang Zhouyi, 46, of Changle, China
- Hong Lee, aka John, 75, of Yuen Long, Hong Kong
American Eel Depot is the largest importer and wholesale distributor of eel meat in the United States. Eel poaching and smuggling is one of the world’s biggest wildlife trafficking problems, based on both the number of animals and the amount of money that changes hands in the black market.
Following a crackdown on the poaching and smuggling of American eels, eel traffickers, including the defendants in this case, shifted their efforts to European eels, a species facing an even greater threat of extinction. It has been illegal since 2010 to export European eels out of any European Union country. European eels are also protected by the Convention on International Trade in Endangered Species (CITES) wildlife protection treaty, which is enforced in the United States through the Endangered Species Act.
Despite this ban, the indictment alleges, the defendants conspired to unlawfully smuggle large quantities of live baby European eels out of Europe, to their eel-rearing factory in China. After rearing the baby eels to maturity, defendants’ Chinese facility would then slaughter and process the eels for shipping to the United States, to be sold as sushi products.
The indictment alleges that, over a four-year period, the defendants imported approximately 138 ocean containers full of eel meat into the United States, with a market value exceeding $160 million. The indictment focuses on six containers, seized by the government, which were determined to contain all or mostly European eel, mislabeled as American eel to avoid law enforcement detection. American eel fishing is highly regulated but still lawful in limited quantities in some areas. As alleged in the indictment, the defendants knew the eels’ true species, knew what they were doing was unlawful, and intentionally lied to U.S. authorities to conceal the illegalities and avoid detection.
“This case demonstrates the effectiveness and importance of the Endangered Species Act in cracking down on the international trafficking of protected wildlife,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “We will not allow United States-based businesses and their executives and associates to cause – and profit off of – the systemic decline of the world’s protected aquatic species.”
“This investigation highlights the global trade pressures facing freshwater eels, and the Service's commitment to stand as a united front with our international partners in protecting both foreign and domestic species,” said Assistant Director Edward Grace of the U.S Fish and Wildlife Service’s (USFWS) Office of Law Enforcement. “This indictment sends a clear message to individuals and corporations that if they unlawfully profit and decimate wildlife, domestically or abroad, investigators will work tirelessly to seek justice.”
This case was investigated by the Department of Homeland Security, USFWS and Customs and Border Protection. Trial Attorneys Mathew D. Evans and Ethan Eddy of the Justice Department’s Environmental Crimes Section are prosecuting the case.
If convicted, each defendant faces up to 20 years in prison and a fine of $250,000 (for individual defendants) or $500,000 (for business organizations), or twice the financial gain to the defendant or twice the financial loss to another, whichever is greater. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
LSD Dealer Sentenced to Almost Five Years in PrisonRead the Press Release
PEORIA, Ill. – A Bartonville, Illinois, man, Derick Meyers, 24, of the 1000 block of Collins Court, was sentenced on April 28, 2022, to 57 months in prison for distribution of Lysergic Acid Diethylamide (LSD), to be followed by three years of supervised release.
At the sentencing hearing, the government presented evidence that in June 2020 the Pekin Police Department began an investigation after two individuals were hospitalized after using LSD in Pekin. Meyers was determined to be the primary source of the LSD and was known to sell LSD, MDMA (commonly referred to as “molly”), and ketamine. Meyers subsequently sold LSD and MDMA on three different occasions in July and August 2020, including selling two and half vials of liquid LSD for $1000.
Meyers was indicted on the LSD distribution charge in October 2020 and pleaded guilty in December 2021. Meyers has been out on bond since his detention hearing in early November 2020.
The statutory penalties for distribution of LSD are no more than 20 years of imprisonment, up to a $1,000,000 fine, and three years to life of supervised release.
The investigation was a joint collaboration between the Drug Enforcement Administration and the Pekin Police Department. Assistant U.S. Attorney Katherine G. Legge represented the government in the prosecution.
Kansas City Man Guilty of Bank RobberyRead the Press Release
KANSAS CITY, KAN. – A federal jury convicted a Kansas man of one count of bank robbery and one count of use of a firearm in furtherance of a crime of violence.
According to court documents, and evidence presented at trial, Davonte Chaney, 30, of Kansas City was found guilty of robbing Truity Credit Union, 2221 West 31st Street, in Lawrence. In September 2021, Chaney entered the bank, pointed a semi-automatic gun at the employees, and instructed them to get down on the ground.
“Chaney’s criminal actions in order to get money subjected people who were making an honest living to a violent, terrifying ordeal,” said Duston Slinkard, U.S. Attorney. “The strong evidence collected by law enforcement investigators along with the convincing arguments prosecutors put before the jury, secured a conviction so that the victims’ suffering will not go unpunished.”
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing is scheduled for August 16.
The Lawrence Police Department and the FBI investigated the case.
Assistant U.S. Attorneys Trent Krug and Faiza Alhambra prosecuted the case.
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KCF Technologies, Inc. to Pay $1.2 Million to Resolve Civil Liability for Alleged Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that KCF Technologies, Inc., located in State College, PA, has agreed to pay the United States $1,226,436.14 to resolve civil liability for alleged violations of the False Claims Act.
According to United States Attorney, John C. Gurganus, the investigation arose from KCF’s conduct with respect to various Department of Defense contracts. It is alleged that KCF billed labor time spent on commercial contracts improperly to contracts it had both with the Department of the Navy and the Department of the Army between 2016 and 2019.
"Investigating procurement fraud allegations is a top priority for the DoD Office of the Inspector General's Defense Criminal Investigative Service (DCIS)," stated Special Agent in Charge Patrick J. Hegarty, DCIS Northeast Field Office. "This settlement reflects our commitment to working with our law enforcement partners and the U.S. Attorney’s Office for the Middle District of Pennsylvania to ensure contractors who misuse taxpayer funds are held accountable."
“NCIS and our federal law enforcement partners remain committed to ensuring the good stewardship of taxpayer dollars by rooting out procurement fraud at its source,” said Acting Special Agent in Charge Greg Gross of the NCIS Economic Crimes Field Office.
In addition to DCIS and NCIS, the case was also investigated by the Major Procurement Fraud Field Office, U.S. Army Criminal Investigation Division (CID) under the leadership of Special Agent in Charge Scott Moreland.
KCF cooperated with the investigation. This Settlement Agreement is neither an admission of liability by KCF, nor is it a concession by the United States that its claims are not well founded.
The investigation was handled by Assistant United States Attorney Tamara Haken, and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
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Justice Department Releases Reentry Coordination Council Report Recommending Evidence-Based Approaches to Reduce Barriers to Successful ReentryRead the Press Release
U.S. Attorney General Merrick B. Garland today announced the release of a report by the Reentry Coordination Council entitled Coordination to Reduce Barriers to Reentry: Lessons Learned from COVID-19 and Beyond. The report summarizes the Council’s interagency collaboration and offers recommendations to Congress to further reduce barriers to successful reentry for those returning from incarceration.
Attorney General Garland first convened the Reentry Coordination Council in October 2021, bringing together representatives from a wide range of federal departments, including the U.S. Department of Housing and Urban Development, the U.S. Department of Labor, the U.S. Department of Education, the U.S. Department of Health and Human Services, the U.S. Department of Veterans Affairs, and the U.S. Department of Agriculture. Since then, the Council has held several sessions focused on learning from the expertise and experience of a variety of individuals and organizations involved in several aspects of reentry, culminating in today’s report.
“Removing barriers to successful reentry for previously incarcerated individuals is an important part of the Justice Department’s mission to keep our country safe, uphold the rule of law, and pursue equal justice under law,” said Attorney General Merrick B. Garland. “Whether it is safe, secure housing, employment, or food on the table, supporting formerly incarcerated people in accessing tools to reach their potential makes our communities safer and stronger. I look forward to continued collaboration with our partners across all levels of government and beyond to develop innovative, evidence-based approaches that advance our shared goals of ensuring equal access to justice and economic opportunity for all, including individuals returning from incarceration into our communities.”
Bringing multiple federal agencies together under the Reentry Coordination Council offers an opportunity to break down silos between federal agencies, to understand the broad impact of the justice system, and to pursue a comprehensive approach to reducing recidivism and promoting enhanced public safety. Today’s report provides preliminary recommendations to facilitate successful reentry, particularly addressing needs related to housing, food security, health care, education, and employment. The Council will continue its broader collaboration to identify effective strategies to promote successful reentry.
In conjunction with the release of the Council’s report and to highlight April as Second Chance Month, the Justice Department’s Office for Access to Justice will host a Reentry Simulation for senior officials and staff at RCC member agencies. The goal of the Reentry Simulation is to illustrate, through a two-hour interactive experience and facilitated discussions, the significant obstacles faced by individuals returning from incarceration to the community. This learning experience will aim to encourage and inform continued collaboration across government to mitigate these barriers. The discussions will include perspectives from individuals and organizations with wide-ranging experience and expertise in promoting successful reentry.
Justice Department Recognizes Human Trafficking Survivor and Advocate from Washington with Special Courage AwardRead the Press Release
The Office for Victims of Crime, a component of the Justice Department’s Office of Justice Programs, presented the Special Courage Award to Suamhirs Piraino-Guzman, a human trafficking survivor and advocate residing in Seattle, Washington.
This Special Courage Award category honors a victim or survivor who has shown exceptional perseverance or determination. It may also acknowledge one who hasacted bravely to aid a victim or to prevent victimization.
After enduring a terrifying and traumatic ordeal at a young age, Mr. Piraino-Guzman became a courageous advocate who has used his personal tragedy to help community leaders better understand the atrocities of human trafficking,” said Amy L. Solomon, Principal Deputy Assistant Attorney General for OJP. “Through his experience and advocacy, he has brought international attention to the critical importance of trauma-informed counseling and services at the onset of recovery, taking his message to communities throughout America and to nations across the globe. He is a remarkable man whose courage is an example to all who know him.”
In 2004, Mr. Piraino-Guzman, 14-years-old at the time, was abducted from his native country of Honduras and smuggled into the United States where he was abused, exploited and trafficked in California until he was identified during a police raid. He was held by Immigration and Customs Enforcement, then placed in a mental health facility, then a group home and subsequently with a foster family, who took him to a border station and left him with Customs and Border Protection officers to be deported.
When he was identified as a trafficking victim and returned to foster care, he assisted in the prosecution of the traffickers without receiving any trauma-informed medical care or services from a case manager. He survived, but the experience instilled in him a need to help other children, immigrants and trafficking survivors obtain the services he was denied. He has facilitated a series of listening sessions on men and boys for the Office on Trafficking in Persons at the Department of Health and Human Services, and he appeared in the video education series, “The Faces of Human Trafficking,” released by OVC in 2014. He also served on the first U.S. Advisory Council on Human Trafficking, comprised of survivors charged with advising U.S. government agencies on improving responses to trafficking to serve in the United Nations Trust Fund for Contemporary Forms of Slavery Board of Trustees and as the Special Rapporteur on the Labor and Sexual Exploitation of Children, Especially Boys. Currently, Mr. Piraino-Guzman is the Mental Illness and Drug Dependency Partnerships Manager for King County, Washington.
“It is a great privilege to honor a man who has faced the darkest of moments and emerged with such strong reserves of empathy, compassion and love,” said Kristina Rose, director of OVC. “Mr. Piraino-Guzman’s courage lies in his resilience and strength but also in his insistence on a safer, better world. We are proud to recognize him for his extraordinary contributions.”
Every April, OVC leads communities across the country in observing National Crime Victims’ Rights Week. President Ronald W. Reagan proclaimed the first Victims’ Rights Week in 1981, calling for greater sensitivity to the rights and needs of victims. This year’s observance took place from April 24 through April 30, featuring the theme, “Rights, Access, Equity, for All Victims.”
Justice Department Challenges Alabama Law that Criminalizes Medically Necessary Care for Transgender YouthRead the Press Release
The Justice Department today filed a complaint challenging a recently enacted Alabama law, Senate Bill (S.B.) 184, that denies necessary medical care to children based solely on who they are, and that threatens criminal prosecution and jail time to doctors, parents, and anyone else who provides or “causes” that care. The United States’ complaint alleges that the new law’s felony ban on providing certain medically necessary care to transgender minors violates the Fourteenth Amendment’s Equal Protection Clause. The department is also asking the court to issue an immediate order to prevent the law from going into effect.
S.B. 184 makes it a felony for any person to “engage in or cause” specified types of medical care for transgender minors. S.B. 184 thus discriminates against transgender youth by denying them access to certain forms of medically necessary care. It further discriminates against transgender youth by barring them from accessing particular procedures while allowing non-transgender minors to access the same or similar procedures. The penalties for violating the law include up to 10 years of imprisonment and a fine of up to $15,000. S.B. 184 would force parents of transgender minors, medical professionals, and others to choose between forgoing medically necessary procedures and treatments, or facing criminal prosecution. The United States’ complaint alleges that S.B. 184 violates the Equal Protection Clause by discriminating on the basis of sex and transgender status.
Today’s filing is the latest action by the Justice Department to combat discrimination based on gender identity, including unlawful restrictions on medical care for transgender youth. On March 31, 2022, the Civil Rights Division issued a letter to all state attorneys general reminding them of federal constitutional and statutory provisions that protect transgender youth against discrimination.
The complaint in intervention is being handled by Deputy Chief Coty Montag and Trial Attorneys Alyssa Lareau, Kaitlin Toyama, and Renee Williams of the Civil Rights Division’s Federal Coordination and Compliance Section; John Powers, Counsel to the Assistant Attorney General for Civil Rights; Assistant U.S. Attorney Jason Cheek for the Northern District of Alabama; and Assistant U.S. Attorney Stephen Wadsworth for the Middle District of Alabama.
Additional information about the Civil Rights Division’s work to uphold and protect the civil and constitutional rights of LGBTQI+ individuals is available on its website at https://www.justice.gov/crt/lgbtqi-working-group. Complaints about discriminatory practices may be reported to the Civil Rights Division through its internet reporting portal at https://civilrights.justice.gov.
Justice Department Announces Settlement in Lawsuit Against Prince George County, Virginia, and the Virginia Retirement System to Enforce Servicemembers’ Employment RightsRead the Press Release
The Justice Department announced today that it has reached a settlement to resolve its complaint filed on behalf of Virginia Army National Guard Major Mark Gunn against Prince George County, Virginia, and the Virginia Retirement System (VRS) to enforce the employment and pension rights guaranteed Major Gunn under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). As part of the settlement Major Gunn will receive $9,756 in back pension pay, $3,000 in lost benefits, and adjusted pension payments going forward to incorporate two additional years of service time.
“The Department of Justice is committed to enforcing the laws that protect the civilian careers of the brave men and women who serve our country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Members of the Reserves are often called away from their civilian jobs to provide the security upon which our nation depends. They should not have to fear losing their jobs and, as here, their pension benefits, when they answer that call.”
“Members of our military Reserves who put their civilian careers and lives on hold to serve our country should not suffer adverse employment effects,” said U.S. Attorney Jessica D. Aber for the Eastern District of Virginia. “The U.S. Attorney’s Office will continue to use all legal remedies to enforce the rights of servicemembers to the correct reemployment positions upon their return from honorably serving our nation.”
In its complaint, the United States alleged that the Prince George County Police Department (PGCPD) violated USERRA when it reemployed Major Gunn, a 14-year PGCPD veteran, as a patrol officer instead of a detective upon his return from active duty service in the Virginia Army National Guard. In violating the statute, PGCPD also denied Major Gunn his proper seniority and employment benefits and forced him to leave his employment with PGCPD and return to active duty in the Virginia Army National Guard. In its settlement with PGCPD and VRS, Major Gunn will receive his lost employment benefits, as well as all of the pension benefits from VRS that he would have accrued but for the alleged USERRA violation.
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. USERRA also requires employers to provide pension benefits when their employees are called to active duty. The Justice Department, including the Civil Rights Division and U.S. Attorney’s Office for the Eastern District of Virginia gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the Department of Labor, at Major Gunn’s request, after an investigation by that agency’s Veterans’ Employment and Training Service. The case is being handled by Assistant U.S. Attorneys Deirdre Brou, Lauren Oberheim and Robert McIntosh for the Eastern District of Virginia; and as a part of the Servicemember and Veterans’ Initiative within the U.S. Attorney’s Office for the Eastern District of Virginia, and Trial Attorney Shan Shah in the Employment Litigation Section of the Justice Department’s Civil Rights Division.
Jamestown and California Men Charged with Operating National Narcotics ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY—U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Aaron Miller, 28, of Jamestown, NY, and La D. Huynh a/k/a Paul a/k/a P, 39, of Chula Vista, CA, with narcotics conspiracy. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between July 2019, and October 16, 2020, Miller and Huynh are accused of conspiring with others to import methamphetamine, cocaine, heroin, and fentanyl from California to be sold in the Jamestown, NY, area.
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 indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division and the Jamestown Police Department, under the direction of Chief Timothy Jackson.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jacksonville Man Pleads Guilty to Armed Drug TraffickingRead the Press Release
Jacksonville, Florida –United States Attorney Roger B. Handberg announces that Vershaun Lamar Puzie (33, Jacksonville) has pleaded guilty to two counts of possessing a firearm in furtherance of a drug trafficking crime. Puzie faces a minimum mandatory term of imprisonment of ten years, and up to life, in federal prison.
According to the plea agreement, on January 1, 2019, officers with the Jacksonville Sheriff’s Office (JSO) encountered Puzie in the area of 31st Street and Silver Street after Puzie jumped out of a car during a traffic stop. Puzie then fled on foot. As he fled, Puzie ingested an item. A JSO officer who was chasing Puzie tased him and took him into custody on the ground, at which point Puzie was still chewing the item he had ingested. Officers commanded Puzie to spit out the item, which contained rocks of crack cocaine mixed with other material. Upon tracing Puzie’s flight path, officers located a torn baggie with drug residue and a Smith & Wesson .40 caliber pistol in plain view that Puzie had tossed over a fence.
On July 16, 2020, JSO officers were dispatched to the Hometown Inn & Suites located on Mustang Road. An officer arriving on scene observed Puzie in the parking lot; Puzie began to walk quickly into the Hometown Inn & Suites upon the arrival of the officer’s patrol car. The officer pursued Puzie on foot into the hotel lobby and then up an interior stairwell of the hotel while commanding Puzie to stop. While going up the stairs, the officer heard a thud as Puzie discarded a Smith & Wesson 9mm caliber pistol and cell phone on the stairs. Puzie ran across the hotel and down another stairwell and outside, where he was taken into custody by the officer. A second officer recovered the pistol from the stairwell. While fleeing, Puzie again ingested a quantity of cocaine base that he had intended to sell. Puzie entered a state of excited delirium as a result of ingesting the drugs and was transported to a hospital.
Puzie admitted in his plea that he had possessed both pistols to protect himself while he possessed with intent to sell crack cocaine.
Puzie agreed to forfeit both of the pistols that had been recovered by JSO, which were involved in the offense.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Laura Cofer Taylor.
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.
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 April 28 was:
Nicholas James Real Bird, 28, of Billings, on charges of possession with intent to distribute methamphetamine and prohibited person in possession of a firearm. If convicted of the most serious crime, Real Bird faces a maximum of 20 years in prison, a $1 million fine and at least three years of supervised release. Real Bird was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-46.
Appearing on April 27 was:
Cole Michael Graves, 22, of Billings, on charges of prohibited person in possession of a firearm and receipt of a firearm while under indictment. If convicted of the most serious crime, Graves faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Graves was released pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-41.
Appearing on April 26 was:
Nathaniel Jay Reed, 35, of Hardin, on charges of failure to register as a sex offender. If convicted of the most serious crime, Reed faces a maximum of 10 years in prison, a $250,000 fine and at least five years of supervised release. Reed was detained pending further proceedings. The U.S. Marshals Service investigated the case. PACER case reference. 22-47.
Daniel Thomas Whitby, 36, of Billings, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Whitby faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Whitby was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-50.
Makyla Shayd Fetter, 27, of Harlem, and Taliah Jeneane Ramirez, 22, of Billings, on charges of robbery affecting commerce, possession of firearm during a crime of violence and possession of a firearm in a school zone. If convicted of the most serious crime, Fetter and Ramirez face a maximum of 20 years in prison, a $250,000 fine and three years of supervised release on the robbery charge and a mandatory minimum 10 years to life in prison, consecutive to any other crime, on the charge of possessing a firearm during a crime of violence. Fetter and Ramirez were detained pending further proceedings. The FBI investigated the case. PACER case reference. 22-40.
Keaton Trey Souza, 20, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Souza faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. Souza was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 22-48.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on April 26 was:
Marco Antonio Cruz-Soriano, 38, of Honduras, on charges of illegal reentry of removed alien. If convicted of the most serious crime Cruz-Soriano faces a maximum of 10 years in prison, a $250,000 fine and three years of supervised release. The U.S. Border Patrol and Toole County Sheriff’s Office investigated the case. PACER case reference. 22-26.
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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Hearing Aid Company Eargo Inc. Agrees to Pay $34.37 Million to Settle Common Law and False Claims Act Allegations for Unsupported Diagnosis CodesRead the Press Release
Eargo Inc. (Eargo), a for-profit public corporation headquartered in California that sells and dispenses hearing aid devices directly to customers nationwide, has agreed to pay $34.37 million to resolve allegations that it submitted or caused the submission of claims for hearing aid devices for reimbursement to the Federal Employees Health Benefits Program (FEHBP) that contained unsupported hearing loss diagnosis codes.
The FEHBP, administered by the U.S. Office of Personnel Management (OPM), is the largest employer-sponsored group health insurance program in the world. It provides health benefits through various health insurance carriers and covers over eight million federal employees, retirees, former employees, family members and former spouses. Certain FEHBP health insurance plans elect to offer a hearing aid benefit, which varies from plan to plan. FEHBP carriers that offer a hearing aid benefit require that claims for hearing aid devices include a hearing loss-related diagnosis code. These diagnosis codes must be supported by a hearing loss diagnosis, which is typically based on a hearing test performed by a health care provider.
“The FEHBP plays a vital role in ensuring the health and wellbeing of our nation’s dedicated civil servants and their families,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice is committed to the integrity of this program and will pursue appropriate remedies against providers who misuse it.”
“Public servants rely on the FEHBP to keep their families healthy,” said U.S. Attorney Chad E. Meacham for the Northern District of Texas. “Billing the program for medical devices patients may not need raises costs across the board. We are proud to hold Eargo accountable for its alleged use of unsupported diagnosis codes.”
“Submitting unsupported claims to the FEHBP, knowingly and otherwise, harms the American taxpayer,” said Deputy Inspector General Norbert E. Vint of OPM Office of the Inspector General (OPM-OIG). “I am incredibly grateful to our investigative staff and partners at the Department of Justice for their unwavering commitment to protecting the integrity of the FEHBP and preserving the trust fund for the health care of our nation’s dedicated civil servants.”
The United States alleged that, from Jan. 1, 2017, through Jan. 31, 2021, Eargo included unsupported hearing loss-related diagnosis codes on claims for hearing aid devices that Eargo submitted to the FEHBP and on invoices — called superbills — that Eargo provided to FEHBP beneficiaries to obtain reimbursement for such devices from the FEHBP. The United States further alleged that between Feb. 1, 2021, and Sept. 22, 2021, Eargo continued to include these unsupported hearing loss-related diagnosis codes on claims and superbills — even after completing an internal review of its billing and coding practices in January 2021 — resulting in Eargo knowingly submitting or causing the submission of false claims for payment to the FEHBP.
The resolution obtained in this matter was the result of a coordinated effort between the Justice Department’s Civil Division, Commercial Litigation Branch, Fraud Section, and the U.S. Attorney’s Office for the Northern District of Texas, with assistance from OPM-OIG.
The investigation and resolution of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement, can be reported to the Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
The matter was handled by Fraud Section Trial Attorney Samuel Lehman and Assistant U.S. Attorney Kenneth Coffin for the Northern District of Texas.
The claims settled by this agreement are allegations only and there has been no determination of liability.
Guatemalan Man Charged with Illegally Using Social Security Number to Obtain EmploymentRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced that on April 28, 2022 VICTORIANO CAMEY-ESPANA, age 38, a native of Guatemala, was charged today in a one-count bill of information with illegally using a social security number to qualify for employment, in violation of Title 42, United States Code, Section 408(a)(7)(B).
VICTORIANO CAMEY-ESPANA faces a maximum term of imprisonment of not more than five (5) years, a fine of up to $250,000.00, up to three (3) years of supervised release, and a mandatory special assessment fee of $100.00.
U.S. Attorney Evans reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of Homeland Security Investigations in investigating this matter. Assistant United States Attorney M. Irene González is in charge of the prosecution.
Greensburg Woman Sentenced to Federal Prison for Theft of Government FundsRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. District Judge Brian A. Jackson sentenced Neiyondra Rogers, age 38, of Greensburg, Louisiana, to 33 months in federal prison following her conviction for theft of government funds. The Court further sentenced Rogers to serve three years of supervised release following her term of imprisonment and ordered her to pay restitution in the amount of $179,252.85 to the USDA’s Child and Adult Care Food Program; $20,832 to the Small Business Administration (SBA); and $16,961 to the Louisiana Workforce Commission.
According to admissions made as part of her guilty plea, beginning in January 2016, Rogers participated in the Child and Adult Care Food Program as a provider. Under the program, she was required to provide children in her care with nutritious meals. To be reimbursed for her services, she would have to submit reimbursement claims to her sponsor, Feliciana Day Care Home Agency.
Although Rogers routinely submitted claims for reimbursement, claiming that she had provided meals to children in her care, in fact, she never watched any children while participating in the program, nor did she provide the meals reflected in her claims. Based on the fraudulent claims she submitted, the defendant was reimbursed at least $31,224.27 in federal funds from the Child and Adult Care Food Program.
In addition to submitting fraudulent reimbursement claims, Rogers discussed the program and work with Feliciana Day Care Home Agency with other providers. For these individuals, Rogers assisted the individuals in signing up for the program, and she submitted false reimbursement claims on their behalf or aided them in submitting false reimbursement claims, resulting in the sponsor, Feliciana Day Care Home Agency, issuing the individuals reimbursement checks. On numerous occasions, Rogers would collect the reimbursement checks issued to the individuals with whom she discussed the program and would endorse their checks to herself, sometimes without their knowledge or consent. In total, Rogers endorsed and cashed checks in the names of other providers for a total of $91,635.34. The money she stole belonged to the United States Department of Agriculture's Child and Adult Care Food Program.
Lastly, beginning in April 2020, Rogers submitted fraudulent claims for Pandemic Unemployment Assistance (“PUA”) and Disaster Unemployment Assistance (“DUA”) to the Louisiana Workforce Commission (“LWC”). As a result of these fraudulent claims, she received at least $16,951.00 in unemployment benefits to which she was not entitled. In March 2021, Rogers also applied for and received a loan under the Small Business Administration’s (“SBA’s”) Paycheck Protection Program (“PPP”). In that application, Rogers falsely represented that she was the owner of a sole proprietorship engaged in the catering business when in fact, no such business existed. As a result, the defendant received an additional $20,832.00 in government funds to which she was not entitled.
U.S. Attorney Ronald C. Gathe, Jr. stated, “This defendant committed fraud in government programs intended for underprivileged children and those adversely affected by Covid-19. Prosecuting this type of fraud is a high priority of this office, and I want to thank our prosecutors and our law enforcement partners for their efforts in bringing this defendant to justice.”
"Neiyondra Rogers used funds designated for the USDA Summer Foods Service Program, which provides nutritional meals for children in low-income families, for her own personal expenses. Defrauding taxpayers and taking food out of the mouths of children who can’t provide for themselves is reprehensible,” said Douglas A. Williams, Jr., FBI New Orleans Special Agent in Charge. “I would like to thank our partners at the U.S. Attorney’s Office Middle District of Louisiana and Louisiana Office of Inspector General for their efforts in helping the FBI disrupt this type of fraud.”
Louisiana Inspector General Stephen Street commented, “This is just the latest in a series of successful criminal cases where summer nutrition funds were stolen with no regard for the children they were intended to benefit. Neiyondra Rogers shamelessly broke the law out of pure personal greed, and today’s sentencing brings this sad episode to a just conclusion. We remain committed to working with our law enforcement partners to root out this corruption wherever it may be found.” Street added, “I want to thank United States Attorney Ron Gathe and his staff for their usual outstanding work, as well as our partners at the FBI.”
This matter was investigated by the Federal Bureau of Investigation and the Louisiana Office of Inspector General and was prosecuted by Assistant United States Attorney Kristen Craig.
Grand Isle Man Indicted for Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LA – FLOYD ROBERTSON, age 26, of Grand Isle, Louisiana, was charged April 29, 2022, in a 4-count indictment by a federal grand jury with distribution of fifty (50) grams or more of methamphetamine and distribution of heroin and fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(A), and 841(b)(1)(C), announced U.S. Attorney Duane A. Evans.
If convicted on the methamphetamine charges, ROBERTSON faces a mandatory minimum term of ten (10) years imprisonment and a maximum of life imprisonment, a fine of up to $10,000,000.00, and at least five (5) years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee per count.
If convicted on the heroin and fentanyl charges, ROBERTSON faces up to a maximum of twenty (20) years imprisonment, a fine of up to $1,000,000.00, and at least three (3) years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee per count.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the defendant’s guilt must be proven beyond a reasonable doubt.
This case was investigated by the U.S. Drug Enforcement Administration and the Jefferson Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorney Melissa Bücher.
Georgia woman admits to producing child pornography, bringing trial to an early closeRead the Press Release
STATESBORO. GA: A Liberty County woman’s federal trial on child exploitation charges ended early when she entered a guilty plea before the case went to the jury.
Sharon Elizabeth Keegan, 30, of Midway, Ga., faces a mandatory minimum sentence of 15 years in prison, up to 30 years, after pleading guilty to Production of Child Pornography, said David H. Estes, U.S. Attorney for the Southern District of Georgia. Her husband, John Paul Joseph Keegan, 31, of Midway, Ga., also faces a mandatory minimum sentence of 15 years in prison, up to 30 years, after previously pleading guilty to Production of Child Pornography and Possession of Child Pornography. The pleas also subject the defendants to statutory penalties including substantial fines and restitution, registration as sex offenders, and a period of supervised release after completion of their prison terms.
There is no parole in the federal system.
“Our law enforcement partners did outstanding work in building this investigation to hold these reprehensible predators accountable,” said U.S. Attorney Estes. “Our office will be relentless in pursuing those who would victimize our most vulnerable citizens.”
Sharon Keegan was in the third day of trial in U.S. District Court in Statesboro, Ga., when she agreed to change her plea on the charge to guilty as the defense had begun presenting their case. John-Paul Keegan pled guilty in May 2021.
Keegan and her husband were indicted in May 2020 after an investigation launched through a cybertip from the National Center for Missing and Exploited Children to Homeland Security Investigations. Agents from the Liberty County Sheriff’s Office and the Georgia Bureau of Investigation searched the Midway mobile home where the Keegans resided, seizing electronic devices found to contain images and videos of child sexual exploitation that each of the two had produced and shared over the internet.
“Thankfully, this case has been resolved and the victims can begin the healing process knowing that these predators will no longer be able to prey upon them,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI and its law enforcement partners prioritize the protection of our most vulnerable population, and this case is a great example of us holding those predators accountable for their actions”
“The GBI will continue to work tirelessly to protect innocent victims of online exploitation,” said Georgia Bureau of Investigation Director Vic Reynolds. “We are grateful for the partnerships we maintain with our local and federal agencies to bring these predators to justice.”
This investigation took place under the umbrella of the U.S. Department of Justice’s Project Safe Childhood, and was conducted by Homeland Security Investigations, the Georgia Bureau of Investigation and the Liberty County Sheriff’s Office. The case is being prosecuted for the United States by Assistant U.S. Attorneys Jennifer J Kirkland and Project Safe Childhood Coordinator Tara M. Lyons, with assistance from Asset Recovery Unit Assistant U.S. Attorney Mary Sue Robichaux.
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
Former Morton, Illinois Man Sentenced to over Five Years in Prison for Wire Fraud, Money Laundering, and Making a False Tax ReturnRead the Press Release
PEORIA, Ill. – A Tampa, Florida man, Steven Racich, 49, formerly of the 100 block of West Jefferson, in Morton, Illinois, was sentenced on April 27, 2022, to 68 months in prison for wire fraud, money laundering, and making and subscribing a false return. He also was ordered to serve three years of supervised release. And his sentence included paying $1,912,692.75 in restitution to Apria Healthcare and the Internal Revenue Service.
At the sentencing hearing, the government presented evidence that Racich was an employee of Apria Healthcare, a national business with a branch in Peoria, Illinois. Apria offers clinical services and sells at-home medical equipment, including CPAP machines. Racich worked at Apria from 2008 to 2017, and served as the branch manager. During an internal audit in December 2017, Apria officials discovered the Peoria office was incurring unexplained and excessive shipping costs. The investigation established that Racich was stealing CPAP machines from Apria and selling them to third parties for his own profit, using Apria’s accounts to ship the machines. It was discovered that Racich created a business and used an alias to communicate with customers, paying himself through a PayPal account under the alias name. The embezzlement occurred from as early as 2013 until Racich was terminated in December 2017. The fraud netted Racich over $1.4 million in profit. Racich used the unlawful funds to support his lifestyle, spending it on airfare, vehicle payments, and weekend trips. The Internal Revenue Service investigation also uncovered evidence that Racich failed to report the income on his taxes, leading to the false tax return charges.
Also at the hearing, U.S. District Judge James Shadid found that Racich was eligible for an enhanced sentence because his position as branch manager enabled him to abuse a position of private trust with Apria, which facilitated the commission and concealment of the offense.
Racich was indicted in July 2020 and pleaded guilty in November 2021. Racich has been on pretrial release since his indictment.
The statutory penalties for wire fraud are up to 20 years imprisonment, up to a $250,000 fine, and up to three years of supervised release. The penalties for money laundering are up to 20 years imprisonment, up to three years of supervised release, and up to a $500,000 fine or two times the property value involved. The penalties for making and subscribing a false return are up to three years imprisonment, up to a $250,000 fine, and one year of supervised release.
“Every year, the people of the Central District of Illinois fulfill their civic obligation to fund our governmental system through paying taxes,” stated Assistant U.S. Attorney Katherine G. Legge. “Unfortunately, a few shirk that duty or worse, attempt to profit at the expense of their fellow citizens. Such behavior is not only illegal but unjust. It is our responsibility to hold accountable those who embezzle from employers and attempt to cheat the system for personal gain.”
“Honest and law-abiding citizens are fed up with the likes of those who use deceit and fraud to line their pockets with ill-gotten money as well as skirt their tax obligations,” said Justin Campbell, IRS Criminal Investigation, Special Agent in Charge, Chicago Field Office. "Mr. Racich’s actions not only caused negative financial harm to his employer but also the honest taxpayer when he committed significant tax fraud violations, in not paying taxes on over $1.4 million.”
The Internal Revenue Service and Federal Bureau of Investigations investigated the case. Assistant U.S. Attorney Katherine G. Legge represented the government in the prosecution.
Former Monroe County Man Sentenced to 210 Months’ 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 Nathaniel Speaks, age 46, formerly of Tobyhanna, Monroe County, Pennsylvania, was sentenced on April 28, 2022, by U.S. District Court Judge Robert D. Mariani to 210 months’ imprisonment for drug distribution resulting in death. Speaks was also ordered to serve 4 years of supervised release upon release from custody.
According to United States Attorney John C. Gurganus, Speaks previously pleaded guilty to drug distribution resulting in death. Speaks admitted that on March 22, 2020, he sold fentanyl, a Schedule II controlled substance, to a 50-year old female in Coolbaugh Township, Pennsylvania, causing her death.
The case was investigated by the Drug Enforcement Administration (DEA) in Scranton, and the Pocono Mountain Regional 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 Campus Police Dispatcher Pleads Guilty to Straw Purchase of Glock FirearmsRead the Press Release
BOSTON – A former Campus Police Dispatcher for Cape Cod Community College Police pleaded guilty today in federal court in Boston in connection with making false statements in order to purchase two firearms which can only be purchased by law enforcement officers.
Justin F. Watson, 36, of Mashpee, pleaded guilty to one count of making false statements during the purchase of firearms and one count of making false statements in a record. U.S. District Court Judge Indira Talwani scheduled sentencing for Aug. 1, 2022. Watson was indicted along with girlfriend and co-defendant Angel Ecker in July 2019. Ecker has pleaded not guilty.
From March 2018 to February 2019, Watson was an Institutional Security Officer/Campus Police Dispatcher with the Cape Cod Community College Police. As such, Watson neither carried a weapon nor had the power to make arrests on campus.
Watson ordered a Glock pistol to be delivered to a firearms dealer on Cape Cod. On Aug. 26, 2018, Watson went to the firearms dealer to pick up the Glock, Model 22, GEN4, .40 caliber pistol. Before receiving the firearm, Watson provided his Cape Cod Community College identification card, which listed him as “Campus Police” and “Faculty/Staff,” to the manager and completed a Public Safety Purchase Form identifying himself as an Institutional Security Officer.
Watson called another firearms dealer and spoke with the store’s operator, who informed him that only law enforcement officers with the power to conduct arrests could purchase Glock Model 26 firearms. Watson said he was a police officer with authority to make arrests. On Nov. 17, 2018, Watson went to the firearms dealer with Ecker and spoke with a sales manager. Ecker allegedly told the sales manager that she was Watson’s boss and that Watson had authority to make arrests. Watson identified himself as a police officer to the sales manager and then purchased a Glock, Model 26, GEN4, 9mm pistol for $425. Watson completed a required ATF Form and affirmed that he was the actual buyer of the firearm. The form warned that, “If you are not the actual buyer, the dealer cannot transfer the firearm(s) to you.”
During the sale, Watson provided his Cape Cod Community College identification card and completed a certification letter indicating that he was purchasing the firearm for “on or off duty use” and not “for resale.” Watson also completed another certification form and listed himself as “Campus Police.”
It is further alleged that Watson then transferred the Glock Model 26 to Ecker on Dec. 19, 2018.
During an interview with law enforcement, Watson acknowledged that he used his Cape Cod Community College identification card when he purchased both Glock firearms. He stated he used that ID because he did not think he could purchase the firearms without it. He also acknowledged that if the firearms dealers had understood that he was not a police officer with arrest powers, they would not have sold him the firearms. Watson further stated that he knew that Ecker, a civilian, could not purchase a Glock Model 26 herself and that he purchased the firearm for her.
Straw purchases interfere with firearm regulation and recordkeeping, and federal law makes it a crime to knowingly make false statements to a firearms dealer in connection with the lawfulness of the sale.
The charge of making false statements during the purchase of firearms provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. The charge of making false statements in a record provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement. The Cape Cod Community College Campus Police, Barnstable Police Department and Mashpee Police Department provided assistance with the investigation. Assistant U.S. Attorneys Eugenia M. Carris, Deputy Chief of Rollins’ Public Corruption Unit and Philip C. Cheng of Rollins’ Organized Crime & Gang Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Brunswick Resident Sentenced for Transferring Obscene Matter to Minor and Obstructing JusticeRead the Press Release
PORTLAND, Maine: A former Brunswick resident, most recently living in Pennsylvania, was sentenced today in federal court for transferring obscene matter to a minor and obstructing justice, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Nancy Torresen sentenced Shawn Cook, 42, to 46 months in prison and three years of supervised release. Cook pleaded guilty on November 10, 2021.
According to court records, in July 2018, Cook sent an obscene image to a 15-year-old boy. Cook also offered to send the boy a video of himself having sexual intercourse with his girlfriend. Cook knew at the time he sent the image that the boy was under the age of 16. The boy’s mother found the image on her son’s phone and contacted law enforcement.
Also according to court records, in March 2021, Cook learned that his girlfriend had been contacted by an FBI agent about testifying before a federal grand jury regarding Cook’s actions. Cook contacted the mother of the boy to whom he had sent the obscene image and asked her to “just tell them you lied.” He also told her to tell the boy to “keep his mouth shut.”
The Bath Police Department and the FBI investigated the case.
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Former Amtrak Employee Pleads Guilty to Cares Act Fraud and TheftRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that STACEY V. SANTEMORE, SR., age 46, formerly of New Orleans but now a resident of Houston, Texas, pleaded guilty on April 27, 2022 before U.S. District Court Judge Jay C. Zainey to a two-count bill of information charging him with making false statements and theft of government funds related to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).
The CARES Act is a federal law enacted on March 29, 2020, to provide emergency financial assistance in connection with economic effects of the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1%. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses. In April 2020, Congress authorized over $300 billion in additional PPP funding.
In addition, the CARES Act created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA) after a major disaster declaration for this funding. PUA, administered by the Louisiana Workforce Commission (LWC), provided unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits (e.g., the self-employed, independent contractors, or gig economy workers).
According to the charging documents, SANTEMORE, in July 2020, made false statements to the U.S. Small Business Administration (SBA) for the purpose of fraudulently obtaining pandemic-related relief loans funded by the federal government, including PPP funds, which he received in the amount of approximately $89,000 on July 14, 2020.
SANTEMORE also applied for Louisiana unemployment benefits through the LWC with PUA funding despite at all times being fully employed by Amtrak, the national passenger railcar company. Through this theft of government funds, he obtained approximately $22,000 from April 2020 through March 2021.
SANTEMORE faces a sentence of up to five years in prison, up to $250,000 in fines, and up to three years of supervised release for the false statements count. He faces up to ten years in prison, up to $250,000 in fines, and up to three years of supervised release for the theft count. There is also a $100 mandatory special assessment fee per count. Sentencing before U.S. District Court Judge Zainey will be on July 26, 2022.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
For more information on the Department of Justice’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
U.S. Attorney Evans praised the work of the Amtrak Office of Inspector General – Criminal Investigations and the Department of Labor – Office of the Inspector General, in investigating this matter. Assistant U.S. Attorney Edward J. Rivera is in charge of the prosecution.
Florida Man Charged with Sex Trafficking and Firearm OffensesRead the Press Release
BOSTON – A Florida man has been charged with allegedly trafficking two women to engage in commercial sex acts and being a felon in possession of a firearm and ammunition.
Angelo Dominic Lombardo, 27, was charged by criminal complaint with two counts of sex trafficking by force, threats of force, fraud and coercion and one count of possession of a firearm and ammunition by a convicted felon. Lombardo is currently in state custody in Massachusetts and will appear in federal court in Worcester before U.S. District Court Magistrate Judge David H. Hennessy on May 4, 2022.
According to the charging document, Lombardo trafficked two victims to engage in commercial sex acts by coercing the victims psychologically, making false promises of a better life, and making explicit threats to one of the victims with a firearm.
It is alleged that Lombardo first met the victims in Oregon. Lombardo posted advertisements of each victim on various websites and arranged “dates” for the victims to have sex in exchange for money. Lombardo allegedly set the pricing for the commercial sex acts they engaged in, for which he collected most, if not all, of the profit.
In July 2021, Lombardo allegedly flew with the two victims from Portland, Ore., to Boston and allegedly arranged for the victims to engage in commercial sex at meeting spots he set up throughout the city and continued to collect most, if not all, of the profit.
According to the charging document, local law enforcement in Massachusetts met with the two victims. In the first victim’s interview with law enforcement, she alleged that Lombardo told her that she would have a better life and financial stability if she worked for him and expressed fear that Lombardo would retaliate if he knew she was speaking to the police. In a separate interview, the second victim advised law enforcement that she felt like a hostage and alleged that Lombardo would tell her she was better off dead. It is further alleged that prior to travelling from Oregon to Massachusetts, Lombardo threatened the second victim with a firearm because she did not return home from an arranged meeting with enough money. Lombardo allegedly put a gun to the victim’s head and made the victim go back out to make the full payment.
On July 12, 2021, following a traffic stop in Boston, Lombardo was arrested on state trafficking charges. At the time of his arrest, Lombardo had approximately $3,310 in his possession. A subsequent search of a hotel room in Revere associated with Lombardo allegedly resulted in the recovery of a firearm with a laser attached matching the descriptions provided by both victims, and a loaded large capacity magazine with 20 live rounds of ammunition. Due to prior felony convictions for possession of fentanyl with intent to deliver or sell and possession of over 20 grams of marijuana, Lombardo is prohibited from possessing a firearm and ammunition.
Members of the public who believe they may be a victim of this individual or alleged crime should contact [email protected]. If you or someone you know may be impacted or experiencing commercial sex trafficking, please visit https://polarisproject.org/ for information and resources.
The charge of sex trafficking by force, threats of force, fraud, or coercion provides for a mandatory minimum sentence of 15 years and up to life in prison, five years of supervised release and a fine of $250,000. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Boston Police Acting Commissioner Gregory Long; Suffolk County District Attorney Kevin Hayden; Revere Police Chief David Callahan; and Arlington Police Chief Juliann Flaherty made the announcement today. Assistant U.S. Attorney J. Mackenzie Duane of Rollins’ Civil Rights Enforcement Team is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Charged with Hate Crimes Following Use of Vehicle in Racially-Motivated Attack Against a Black Man Driving with His FamilyRead the Press Release
Assistant Attorney General Kristen Clarke of the Civil Rights Division and U.S. Attorney Roger Handberg for the Middle District of Florida announced today that a federal grand jury in Tampa, Florida, returned a two-count indictment charging Jordan Patrick Leahy, 29, with committing hate crimes for his racially-motivated attack on a Black man who was driving along a public road in Seminole, Florida.
The indictment alleges that on Aug. 8, 2021, Leahy willfully intimidated and interfered with J.T., and attempted to injure, intimidate and interfere with J.T. through the use of a dangerous weapon (Leahy’s vehicle), because of J.T.’s race and color, and because J.T. was traveling on a public road in Seminole, Florida. According to the indictment, J.T.’s girlfriend and daughter were also in the car with J.T. when Leahy allegedly committed the attack.
If convicted, Leahy faces a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $250,000. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The case was investigated by the FBI, the Pinellas County Sheriff’s Office and the Florida Highway Patrol. Assistant U.S. Attorney Carlton Gammons for the Middle District of Florida and Trial Attorneys David Reese and Laura-Kate Bernstein of the Civil Rights Division are prosecuting the case.
Florida Man Charged with Hate Crimes Following Use of Vehicle in Racially-Motivated Attack Against a Black Man Driving with His FamilyRead the Press Release
Tampa, FL – Assistant Attorney General Kristen Clarke of the Civil Rights Division and U.S. Attorney Roger Handberg for the Middle District of Florida announced today that a federal grand jury in Tampa, Florida, returned a two-count indictment charging Jordan Patrick Leahy, 29, with committing hate crimes for his racially-motivated attack on a Black man who was driving along a public road in Seminole, Florida.
The indictment alleges that on Aug. 8, 2021, Leahy willfully intimidated and interfered with J.T., and attempted to injure, intimidate, and interfere with J.T. through the use of a dangerous weapon (Leahy’s vehicle), because of J.T.’s race and color, and because J.T. was traveling on a public road in Seminole, Florida. According to the indictment, J.T.’s girlfriend and daughter were also in the car with J.T. when Leahy allegedly committed the attack.
If convicted, Leahy faces a maximum sentence of 10 years in prison, three years of supervised release, and a fine of up to $250,000. An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.
The case was investigated by the FBI, the Pinellas County Sheriff’s Office and the Florida Highway Patrol. Assistant U.S. Attorney Carlton Gammons for the Middle District of Florida and Trial Attorneys David Reese and Laura-Kate Bernstein of the Civil Rights Division are prosecuting the case.
Federal Jury Finds Leader of Drug Trafficking Organization GuiltyRead the Press Release
Ocala, Florida – United States Attorney Roger B. Handberg announced that a federal jury has found Jonathan Jermaine Thomas (32, Ocala) guilty of conspiring to possess with the intent to distribute more than 500 grams of methamphetamine, more than 5 kilograms of cocaine, and more than 1 kilogram of heroin. The jury also found Thomas guilty of possessing a firearm in furtherance of drug trafficking and possessing with the intent to distribute more than 400 grams of fentanyl. Seven co-conspirators pleaded guilty prior to the trial. Thomas faces a minimum mandatory penalty of 15 years, and up to life, in federal prison. A sentencing date has not yet been set.
According to evidence presented during the four-day trial, Thomas supplied large amounts of drugs to a “trap” house in Summerfield. Once the drugs were delivered to the house, his fellow conspirators worked together to prepare, mix, and distribute the various substances to users and smaller-scale suppliers who made daily purchases from the residence. During the course of the investigation, DEA agents found that Thomas served as the lead supplier and that his enforcers carried firearms to protect the drug assets and others who helped package and distribute the substances from the house.
On September 9, 2020, Thomas was stopped by law enforcement on I-75 in Gainesville. After smelling the odor of marijuana, a search of the vehicle by law enforcement yielded nearly a kilogram of fentanyl hidden within the vehicle’s side paneling. The fentanyl had been packaged for distribution, and Thomas was heading to Detroit, Michigan, to meet with a buyer. His passenger, who was charged in the indictment, pleaded guilty prior to trial.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. 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 www.justice.gov/OCDETF.
This case was investigated by the Drug Enforcement Administration with support from the Federal Bureau of Investigation, the Marion County Sheriff’s Office, the Unified Drug Enforcement Strike Team, the Alachua County Sheriff’s Office, and the Gainesville Police Department. It is being prosecuted by Assistant United States Attorneys Michael P. Felicetta and Tyrie K. Boyer.
Federal Jury Finds Granite Falls Man Guilty of Methamphetamine DistributionRead the Press Release
ST. PAUL, Minn. – A federal jury convicted a Granite Falls man of conspiring to distribute methamphetamine, announced U.S. Attorney Andrew M. Luger.
Following a three-day trial before U.S. District Judge Wilhelmina M. Wright, Ramon Diego Pacheco, 42, was convicted earlier this week of one count of conspiracy to distribute methamphetamine. A sentencing hearing will be scheduled at a later time.
According to the evidence presented at trial, in late 2018 law enforcement began investigating a methamphetamine trafficking organization in the Twin Cities. Law enforcement learned that Scott Velisek, one of the defendant’s co-conspirators, was receiving large shipments of methamphetamine and selling pound-level quantities to a regular stable of customers. Those key customers would then deal the methamphetamine to their own customers. Pacheco was one of several of Velisek’s customers who then sold smaller amounts of methamphetamine to others.
Pacheco’s co-conspirators, Scott Joel Velisek, Elizabeth Reeves Sporleder, Del Corey Crandell, Leslie Marie Cloud, and Nicole Lee Chaparro previously pleaded guilty to their roles in the drug trafficking organization.
This case was the result of an investigation conducted by the Drug Enforcement Administration, the Minnesota Bureau of Criminal Apprehension, and the Renville County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney Nathan H. Nelson, and tried by Assistant U.S. Attorneys Lauren O. Roso and Lindsey E. Middlecamp.
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Federal Jury Convicts Pontotoc County Resident of Involuntary Manslaughter in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Lloyd Ray Hatley, age 67, of Ada, Oklahoma was found guilty by a federal jury of Involuntary Manslaughter in Indian Country.
The jury trial began with testimony on Tuesday, April 26, 2022, and concluded on Friday, April 29, 2022, with the guilty verdict.
During the trial, the United States presented evidence that, on February 22, 2017, Lloyd Ray Hatley was driving a pickup truck on State Highway One in Pontotoc County. Travelling at a high rate of speed, and failing to devote his full time and attention to driving, he crashed directly into the rear of a Pontiac Grand Am driven by Gay Ott and occupied by passengers Mary Nappa and Stephen Ott. The collision killed Mary Nappa and caused great bodily injury to Gay Ott, who passed away in 2020.
The guilty verdict was the result of an investigation by the Oklahoma Highway Patrol and the Federal Bureau of Investigation.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted the case because the defendant in this case is a member of a federally-recognized Indian tribe and the crime occurred in Pontotoc County, within the boundaries of the Chickasaw Nation Reservation, and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma in Oklahoma City, presided over the trial and ordered the completion of a presentence report. Sentencing will be scheduled following completion of the report. Hatley was remanded to the custody of the United States Marshal pending the imposition of sentencing.
Assistant United States Attorney Kevin Gross and Special Assistant United States Attorney Lauren Ibanez represented the United States.
Federal Inmate Charged with Possession of MarijuanaRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Cox, age 35, an inmate at the United States Federal Penitentiary, Lewisburg (USP Lewisburg), was indicted on April 28, 2022, by a federal grand jury for possessing marijuana in prison.
According to United States Attorney John C. Gurganus, the indictment alleges that Cox was found in possession of marijuana on November 15, 2021, during a search.
The charges stem from an investigation by USP Lewisburg and the Federal Bureau of Investigation. Assistant United States Attorney Alisan V. Martin is prosecuting the case.
The defendant faces a maximum penalty of five years of incarceration 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.
Criminal indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Eufaula Man Sentenced for Mail Theft, Bank Fraud, and Identity TheftRead the Press Release
Montgomery, Alabama – On April 26, 2022, Charles Andre Turner, 54, of Eufaula, Alabama, was sentenced to 44 months in prison for stealing mail, bank fraud, and aggravated identity theft, announced United States Attorney Sandra J. Stewart. Turner’s prison sentence will be followed by three years of supervised release. There is no parole in the federal system.
According to court records and information disclosed during his sentencing hearing, Turner was previously convicted in 2011 of destruction of letter boxes, theft of mail, bank fraud, and aggravated identity theft. After serving a 94-month prison sentence, Turner was on supervised release when his U.S. Probation Officer discovered that he had opened 33 new lines of credit, in violation of the terms of his supervised release. On May 10, 2021, agents searched his home pursuant to the search policy of the Court and discovered over 100 pieces of stolen mail and notes containing information about victims’ identities and credit or banking information.
Further investigation revealed that from October 2020, until May 2021, Turner stole mail from a Columbus, Georgia, post office and took it back home with him to Eufaula, where he began using identity and financial information from the mail to obtain credit cards, open bank accounts, and make financial transactions to benefit himself. Turner even obtained a victim’s Experian credit report and began noting the answers to the victim’s multiple choice security questions, and he altered another victim’s retirement account statement to make his own name appear on it rather than the victim’s. In one example, Turner used a victim’s identity to open a bank account, then deposited another victim’s credit card convenience checks into the account. In yet another extreme example, Turner was able to steal over $50,000.00 from a single victim’s bank account.
Turner pleaded guilty to possessing stolen mail, bank fraud, and aggravated identity theft on January 6, 2022.
“Mr. Turner’s continued criminal conduct not only shows a blatant disregard for the law, but also for the immeasurable hardship that he caused his victims,” stated U.S. Attorney Stewart. “In the aftermath of these crimes, victims are forced to deal with the damage done to their credit card and bank accounts. Repairing the damage can be tedious and could take months, or even years. My office will continue to work with our law enforcement partners to identify and prosecute thieves that pray on vulnerable and unsuspecting victims.” U.S. Attorney Stewart would like to remind everyone to be vigilant and check your bank accounts and credit reports regularly. Discovering and reporting discrepancies quickly can help financial institutions and law enforcement limit potential losses.
This case was investigated by the U.S. Postal Inspection Service, U.S. Probation and Pretrial Services, and the Sumter County, Georgia, Sheriff’s Office. Assistant United States Attorney Megan A. Kirkpatrick prosecuted the case.
Eighteen Individuals Charged with Trafficking Methamphetamine in Central and Southern IndianaRead the Press Release
INDIANAPOLIS – Eighteen individuals were indicted by a federal grand jury on drug trafficking and money laundering charges. The indictment charges the defendants with conspiracies to distribute controlled substances, including methamphetamine, and to launder the proceeds of the distributed controlled substances. The indictment was unsealed today following the initial appearances of the defendants.
Yesterday, fifteen defendants were taken into federal custody in Indianapolis, Columbus, Seymour, Terre Haute, and Detroit, Michigan. Three other defendants are still at large. In addition, three individuals were detained for immigration violations.
To date in this investigation, authorities have seized approximately 82 pounds of methamphetamine, approximately 1750 fentanyl pills, approximately 35 grams of fentanyl, approximately 1 kilogram of cocaine, approximately 4 pounds of marijuana, and a large quantity of suspected THC gummies. In addition to drug seizures, authorities have seized approximately $9000.00 in U.S. currency as suspected drug proceeds as well as 9 firearms.
The Jackson County Prosecutors Office has also filed state charges against five additional defendants for dealing methamphetamine, and the Bartholomew County Prosecutor has charged one additional defendant on a state charge for dealing methamphetamine.
The following individuals are in federal custody or *at large:
Defendant
Charge(s)
Edeer Avila, 38, Mexico *NOT in custody
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Martin Felix-Garcia, 33, Phoenix, AZ *NOT in custody
Conspiracy to Launder Monetary Instruments
Isaias Gonzalez-Torres, 30, Indianapolis
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Erlin Lucero-Asencio, 29, Indianapolis
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Abel Ayala-Garcia, 31, Columbus, IN
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Luis Daniel Hernandez, 24, Indianapolis
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Andrew Calix-Maldonado, 27, Indianapolis
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Julio Vicente-Guox, 33, Indianapolis
Conspiracy to Distribute Methamphetamine
Eduardo Rodriguez, 25, Indianapolis
Conspiracy to Distribute Methamphetamine & Launder Monetary Instruments
Kenia Acosta, 38, Indianapolis
Conspiracy to Distribute Methamphetamine
Jeami Waleska Sevilla-Luna, 27, Indianapolis
Conspiracy to Distribute Methamphetamine
Victor Vazquez-Hernandez, 41, Seymour
Conspiracy to Distribute Methamphetamine
Allison Perdue, 24, Seymour
Conspiracy to Distribute Methamphetamine
John Whiffing, 47, Terre Haute
Conspiracy to Distribute Methamphetamine
Abner Rodas-Abelardez, 36, Indianapolis *NOT in custody
Conspiracy to Distribute Methamphetamine
Claudio Garcia-Morales, 35, Columbus, IN
Conspiracy to Distribute Methamphetamine
Eulailo Murillo-Resura, 31, Indianapolis
Conspiracy to Distribute Methamphetamine
Jendry Medina, 20, Indianapolis
Conspiracy to Launder Monetary Instruments
If convicted on the conspiracy with intent to distribute controlled substances charges, each faces between ten years to life imprisonment, no less than five years supervised release, and a $10,000,000 fine. If convicted on the money laundering charge, each faces a mandatory minimum of up to twenty years in prison, up to three years of supervised release, and a $500,000 fine. Actual sentences are determined by a federal district court judge and are typically less than the maximum penalties.
The following five Individuals face state prosecution in Jackson County:
Defendant
Charge(s)
Emilio Landa-Laganes
Dealing methamphetamine F2
Mariah Crowe
Dealing methamphetamine F2
Daniel Parrish
Dealing methamphetamine F2
Samantha Farris
Dealing methamphetamine F2
Zachariah Farris
Dealing methamphetamine F2
The following individual faces state prosecution in Bartholomew County:
Defendant
Charge(s)
Antonio Cuautle-Cuenca
Dealing methamphetamine F2
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, Michael Gannon, Assistant Special Agent in Charge of the DEA’s Indianapolis Field Office, and Bryant Lucas, Chief of the Seymour Police Department made the announcement.
The Drug Enforcement Administration and the Seymour Police Department investigated the case in conjunction with the Internal Revenue Service Criminal Investigation, the Homeland Security Investigation, the United States Postal Inspection Service, the Jackson County Prosecutors Office, the Columbus Police Department, the Bartholomew County Sheriff’s Office, the Bartholomew County Prosecutors Office, the Indiana State Police, the Indianapolis Metropolitan Police Department, the Brownsburg Police Department, and the Bloomington Police Department.
U.S. Attorney Myers thanked Assistant U.S. Attorneys Michelle P. Brady and Patrick G. Gibson, who are prosecuting the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Durham Man Sentenced to 27 Months for Filing of False Tax ReturnsRead the Press Release
GREENSBORO, NC - Markeith Jamar Norman, 56, was sentenced on April 29, 2022, to 27 months in prison for aiding and assisting in the preparation and presentation of a false tax return. Sandra J. Hairston, United States Attorney for the Middle District of North Carolina, made the announcement.
According to court documents, Norman worked as a professional tax preparer at two tax companies from 2014 until 2019 wherein he made various false claims on behalf of his clients in order to increase tax refunds. Beginning in 2015, Norman prepared and electronically filed at least twenty-three false U.S. Individual Income Tax Returns and Income Tax Returns for Single and Joint Files with No Dependents tax returns. The returns contained false reports of education credits, Schedule C businesses, Form 1099 federal tax withholdings, and itemized deductions unbeknownst to his clients. Despite both of Norman’s former employers stating that preparers were not authorized to receive cash payments from clients, multiple clients told investigators that Norman requested payment in cash, sometimes up to $500, for tax return preparation. Upon receiving their tax returns, clients were instructed to deposit their checks and pay him in cash. Investigators also uncovered that, beginning in 2014, Norman failed to report any of his income earned as a tax preparer on self-prepared 1040 U.S. Individual Income Tax Returns to the Internal Revenue Service. In 2017 and 2018, Norman failed to file any tax returns at all.
Those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced today," said Donald “Trey” Eakins Special Agent in Charge of the Charlotte Field Office. "Today's sentencing again emphasizes that the Internal Revenue Service – Criminal Investigation will continue their aggressive pursuit of those who would attempt to defraud America's tax system."
“We are extremely grateful to the agents and agencies involved in this case and every case that secures the integrity of our tax system,” said US Attorney Hairston. “This case is another example of the serious consequences associated with filing false returns and it provides justice for those harmed by tax professionals seeking to take advantage of the system.”
In addition to his imprisonment, Norman will be required to pay $375,390 in restitution.
This case was prosecuted by Assistant U. S. Attorney Nicole R. Dupre. The Internal Revenue Service and the U.S. Department of Justice Tax Division were involved in the investigation of the case.
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District Man Sentenced to Life in Prison for 2015 Killing of Man in Southwest WashingtonRead the Press Release
WASHINGTON – Gary Proctor, 44, of Washington, D.C., was sentenced today to life in prison on charges stemming from the 2015 murder of his cousin in an attack he carried out at the cousin’s home in Southwest Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Proctor was found guilty in August 2019, following a trial in the Superior Court of the District of Columbia, of charges of first-degree murder while armed, possession of a firearm during a crime of violence, unlawful possession of a firearm, and carrying a pistol without a license. He was sentenced by the Honorable Danya A. Dayson.
According to the government’s evidence, on July 27, 2015, at approximately 4:40 p.m., Proctor entered the residence of the victim, Jerome “Beanie” Diggs, in the 1300 block of First Street SW, and fired eight shots, striking Mr. Diggs seven times. Proctor ran out of the house, leaving the victim for dead. But Mr. Diggs managed to pick up the phone and call his sister, telling her that their cousin, “Little Gary” Proctor, had just shot him.
When his sister asked the wounded Mr. Diggs why he didn’t call for help, he stated that he did not think he was going to make it, and he wanted someone to know what happened to him. The sister hung up and instantly called 911, where she relayed what Mr. Diggs had told her. Meanwhile, Mr. Diggs, still clinging to life, crawled out the back door of his home where he was spotted by several neighbors who also called for help. One of these neighbors heard Mr. Diggs state “Lil Gary” was the person who shot him. Mr. Diggs, 47, lost consciousness shortly thereafter and died later that day from his wounds. Proctor was arrested pursuant to a warrant the very next day and has been held in custody ever since
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those investigating the case from the Metropolitan Police Department (MPD). They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Melissa Jackson and Chrisellen Kolb; former Assistant U.S. Attorney John Timmer; Supervisory Victim/Witness Services Coordinator Katina Adams-Washington; Victim/Witness Services Coordinator La June Thames; Victim/Witness Program Specialist Lesley Slade; Supervisory Security Specialists Laverne Perry, Tanya Via, and Wanda Queen; Administrative Services Specialist Karen Lee-Putt; Supervisory Paralegal Sharon Newman; Paralegals Kelly Blakeney and Meridith McGarrity; Victim/Witness Advocate Jennifer Clark; former Victim/Witness Advocate Marcia Rinker; Supervisory Litigation Technology Specialist Leif Hickling; Information Technology Specialist Jeanie Latimore-Brown, and Investigative Analyst Zachary McMenamin.
Finally, they commended the work of Assistant U.S. Attorneys Jeffrey Nestler, who investigated the case, and Gilead Light and Alicia Long, who prosecuted the case.
Department of Justice Reaches Settlement Agreement with Prince George County, Virginia, and the Virginia Retirement System to Enforce Servicemember’s Employment RightsRead the Press Release
ALEXANDRIA, Va. – The Justice Department announced today that it has settled a civil complaint filed in the U.S. District Court for the Eastern District of Virginia against Prince George County, Virginia, and the Virginia Retirement System (VRS) to enforce employment rights guaranteed to a member of the Virginia Army National Guard, Major Mark Gunn, under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
“Members of our military Reserves who put their civilian careers and lives on hold to serve our country should not suffer adverse employment effects,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “The United States Attorney’s Office will continue to use all legal remedies to enforce the rights of servicemembers to the correct reemployment positions upon their return from honorably serving our nation.”
“The Department of Justice is committed to enforcing the laws that protect the civilian careers of the brave men and women who serve our country,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Members of the Reserves are often called away from their civilian jobs to provide the security upon which our nation depends. They should not have to fear losing their jobs and, as here, their pension benefits, when they answer that call.”
In its complaint, the United States alleged that Gunn had been a detective with the Prince George County Police Department for 14 years when, in January 2016, he was called to active duty by the Virginia Army National Guard. The United States further alleged that when Gunn returned from his active-duty service, the County refused to allow Gunn to return to his detective position. Instead, the County assigned him back to a Patrol Unit officer position. The United States also alleged that the County denied Gunn employment benefits that he would have accrued during his period of active-duty service, including a bonus awarded to County employees. Finally, the United States alleged that the County’s unlawful actions caused Gunn to leave his employment with the Prince George County Police Department and return to active duty in the Virginia Army National Guard.
As relief, Gunn will receive VRS retirement credit for the period of time from when he departed the Prince George County Police Department to when he began drawing VRS retirement benefits. He will also receive the differential in retirement benefits owed to him for this time period. Prince George County will also pay Gunn $1,500 in damages for benefits he should have received from the County and $1,500 in liquidated damages. The County will give Gunn a Retired Law Enforcement Act identification card, a Virginia law enforcement officer identification card, and a retired Prince George County Police Department detective badge, and the County will permit Gunn to purchase his service weapon.
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations and provides that servicemembers shall not be discriminated against because of their military obligations. USERRA also requires employers to provide pension benefits when their employees are called to active duty. The United States Attorney’s Office for the Eastern District of Virginia and Justice Department give high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the U.S. Department of Labor, at Gunn’s request, after an investigation by that agency’s Veterans’ Employment and Training Service.
The case is being handled by Assistant U.S. Attorneys Deirdre Brou, Lauren Oberheim, and Robert McIntosh, and as a part of the Servicemember and Veterans’ Initiative within the U.S. Attorney’s Office for the Eastern District of Virginia, and Trial Attorney Shan Shah in the Employment Litigation Section of the Justice Department’s Civil Rights Division.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information from the civil lawsuit are on PACER by searching for Case No. 3:21-cv-631.
The civil claims asserted in the complaint are allegations only; there has been no determination of civil liability.
Dallas, Texas Man Sentenced for Illegally Obtaining Money from Pre-Paid Debit CardsRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced that Chukwuma N. Okoye, Jr., 38, of Dallas, Texas, has been sentenced by United States District Judge Donald E. Walter to 46 months in prison, followed by 3 years of supervised release, for illegally obtaining money using pre-paid debit cards. Okoye was also ordered to pay restitution in the amount of $2,379,860. He pleaded guilty to one count of conspiracy to use unauthorized access devices on November 9, 2021.
According to evidence introduced in court at the guilty plea hearing, Okoye and his co-defendants used unauthorized access devices, specifically, pre-paid Green Dot debit cards which were registered to other individuals to purchase money orders and conduct cash withdrawals. Between July and September of 2020, Okoye and others traveled from Texas to Bossier City, Louisiana, where the Green Dot cards were used at a Walmart store on Airline Drive in Bossier City.
The funds on the Green Dot cards originated from fraudulently obtained Washington State unemployment insurance and Small Business Administration (SBA) loans which were obtained by unknown individuals. After those funds were deposited into PayPal accounts, unknown individuals transferred funds to the Green Dot cards and the cards were then used at online retailers and various physical retail stores. All of the PayPal accounts and Green Dot cards involved in the scheme had been opened by unknown individuals, using stolen personal identifying information.
The investigation uncovered 29 PayPal accounts which were utilized to fund the Green Dot cards used at the Bossier City Walmart during the conspiracy. These 29 accounts were found to contain a total of $729,300 in illicit funds which were seized.
Okoye’s co-defendants, Patrick N. Madubuko and Barnabas Akporehe, are fugitives. If you have any information about their whereabouts, please contact your local U.S. Secret Service office or go to www.usmarshals.gov/tips.
The case was investigated by the United States Secret Service and the Bossier Parish Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Brian C. Flanagan.
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DOJ Commemorates National Crime Victims’ Rights WeekRead the Press Release
DES MOINES, Iowa -- The Department of Justice’s Office for Victims of Crime (“OVC”) and the United States Attorney’s Office for the Southern District of Iowa will join federal, state, and local communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections, and services. This year’s observance takes place April 24-30 and features the theme, “Rights, access, equity, for all victims.”
As part of this observance, the Southern District of Iowa recognizes the courage and bravery of victims, and the outstanding work of law enforcement, victim advocates, and community service partners throughout Iowa. In particular, four individuals are recognized for outstanding service to victims. “These awards proudly recognize the exceptional efforts of four individuals providing assistance to federal and state victims in the Southern District of Iowa,” said United States Attorney Richard D. Westphal. “Advocacy for the rights and safety of victims is a cogent reminder of the long-term human impact of these crimes. The service of these four individuals, and other state and federal victim advocates, are a vital component of our criminal justice system.”
The 2022 Award for Excellence in Victim Services is awarded to Mills County Attorney’s Office Victim Witness Coordinator Sarah McGinnis. Sarah’s dedication to victims is inspirational and unmatched. She has been there for each victim at every step of the criminal process, and has provided hope, support, and advocacy to numerous victims in sex abuse cases. Sarah has tirelessly worked to raise community awareness of sexual abuse and human trafficking, including producing a sexual assault awareness video where victims describe in their own words how abuse has affected them, and how they survived abuse. Sarah has clearly made a difference in multiple victims’ lives.
The 2022 Award for Excellence in Victim Services is awarded to Polk County Crisis and Advocacy Services Victim Advocate Sara McMillan. Sara continues to provide selfless and dedicated advocacy to state and federal crime victims. Sara provided the highest quality of victim advocacy in support of two minor victims and their families in a federal hate crimes prosecution. Also, she spent countless hours with, and provided empathy and support for, sex trafficking victims in the federal prosecution of a sex trafficker. Based on her skills and experience, Sara was able to provide valuable guidance to the prosecution team and victims, and never stopped offering her time and attention. Throughout her career, Sara has always been and continues to be a fierce advocate for victims.
The 2022 Award for Excellence in Victim Services is awarded to Audubon County Crime Victim Coordinator Angie Baylor. Angie’s self-motivated passion for victims and survivors has been described as “second to none.” She continues to go above and beyond to raise public awareness for victims of crime with community outreach, brochures, events, and public speaking. Angie has partnered with Catholic Charities to host the Survivor Statements awareness project during April - Sexual Assault Awareness month. She has organized efforts to wear blue and support the Pinwheels for Prevention project for April - National Child Abuse Prevention month. “Shedding Light on Domestic Violence” was Angie’s creative theme for the Purple Porch Project in recognition during October - Domestic Violence Awareness month. Most importantly, Angie has exemplified passion in her support of crime victims, to be their advocate, and provided a listening ear and a helping hand at a time when it was most needed. Angie has provided hope to victims, and clearly raised public awareness in Audubon County.
The 2022 Law Enforcement Victim Service Award recognizes the performance of Iowa Department of Public Safety, Division of Criminal Investigation, Special Agent Richard Vale. Special Agent Vale showed outstanding work in the federal sex trafficking investigation and prosecution of Darrius Redd. He epitomized exceptional dedication in locating multiple victims brutalized and trafficked by Redd. He not only performed his role as an investigator, but also demonstrated patience, empathy, and understanding with victims. As a result, this evidence provided a compelling case resulting in a guilty verdict at trial. Special Agent Vale went beyond the call of duty to assist victims in the Redd case, and the resulting conviction was largely the result of his commitment and service.
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ojp.gov/ncvrw2022/overview.
DEA Holds 22nd National Prescription Drug Take Back Day to Prevent Addiction and Reduce Overdose DeathsRead the Press Release
BIRMINGHAM, Ala. – United States Attorney Prim F. Escalona announces support of the Drug Enforcement Administration’s 22nd National Prescription Drug Take Back Day on Saturday, April 30 from 10 a.m. to 2 p.m. Take Back Day is a bi-annual event that aims to provide safe, convenient, and responsible means of disposing or prescription drugs, while also educating the public about the potential for abuse of medications.
“I encourage our community to take this opportunity to dispose of unused, unwanted, or expired prescription drugs. It is free, easy, and anonymous,” U.S. Attorney Escalona said. “Properly disposing of these pills is one important step we all can take to get involved in protecting our loved ones from accidental overdoses or even addiction.”
DEA Special Agent in Charge Brad L. Byerley said, “Drug overdose deaths continue to climb, last year marking the largest number ever recorded, claiming 290 lives every day. Sadly, the majority of these addictions start with prescription drugs found in home medicine cabinets. DEA’s Take-Back initiative provides citizens an easy and safe way to rid their homes of unneeded medications that too often become a gateway to addiction. Please do your part to keep prescription drugs off the streets and help spread awareness in your community.”
Last October, DEA’s New Orleans Field Division, which covers Louisiana, Mississippi, Alabama, and Arkansas, collected 39,840 pounds of potentially dangerous expired, unused, and unwanted prescription drugs for disposal at 289 collection sites throughout the division. The amounts collected for each state within the division was the following: Louisiana – 4,510 pounds; Mississippi –5,942 pounds; Alabama – 4,708 pounds; and Arkansas – 24,680 pounds.
Drug overdose deaths are up 16 percent in the last year, claiming more than 290 lives every day. According to a report published by the Substance Abuse and Mental Health Services Administration, a majority of people who misused a prescription medication obtained the medicine from a family member or friend.
The Centers for Disease Control and Prevention estimates that in the United States, more than 106,000 people died as the result of a drug overdose in the 12-month period ending November 2021, marking the most drug-related deaths ever recorded, with opioid-related deaths accounting for 75 percent of all overdose deaths.
For more than a decade, DEA’s National Prescription Drug Take Back Day has helped Americans easily rid their homes of unneeded medications—those that are old, unwanted, or no longer needed—that too often become a gateway to addiction. Working in close partnership with local law enforcement, Take Back Day has removed more than 15 million pounds of medication from circulation since its inception. These efforts are directly in line with DEA’s priority to combat the overdose epidemic in the United States.
On Saturday, April 30, 2022, DEA and its law enforcement partners will collect tablets, capsules, patches, and other solid forms of prescription drugs. Liquids (including intravenous solutions), syringes and other sharps, and illicit drugs will not be accepted. DEA will accept vaping devices and cartridges provided lithium batteries are removed.
A location finder and partner toolbox are available at www.DEATakeBack.com for easy reference to April 30 collection sites.
Year-round receptacles are available at more than 13,000 pharmacies, hospitals, police departments, and business. Additionally, with the passage of the DUMP Opioids Act in 2021, the public may now use drop boxes at Veterans Administration medical centers to dispose of controlled substance prescription medications. Check with your local VA health facility for more information. With more than 13,000 year-round drop-off locations in the United States, every day can be Take Back Day.
Convicted Sex Offender Sentenced to 25 Years for Sending and Receiving Child Sexual Abuse Images and Videos over the InternetRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton has sentenced Thomas James Harris (42, Orlando), a registered sex offender, to 25 years in federal prison for receiving and distributing child sexual abuse images and videos over the internet. Harris was also ordered to serve a life term of supervised release. Harris had pleaded guilty on February 2, 2022.
In 2005, Harris was convicted of attempting to provide obscene material to minors, using the internet to solicit a child for sex or lewdness, promoting a sexual performance by a child, and possession of child pornography. As a result, he is registered and designated as a sexual offender.
According to court documents, Harris used a particular chat application to download images and videos depicting children being sexually abused and distributed them over the internet. Harris also distributed some of these materials to an undercover FBI agent.
On November 5, 2021, FBI agents executed a federal search warrant to seize and search Harris’s cellphone. A forensic review of the phone revealed child sex abuse images and videos on the device. During an interview, Harris admitted to receiving, viewing, and distributing child sex abuse images and videos using chat application accounts that had been previously identified on his cellphone by the FBI. Several of the videos received by Harris and found on his cellphone depicted toddler-aged children being sexually abused.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Terry B. Livanos.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Convicted Felon Sentenced to 100 Months in Federal Prison for Illegally Possessing Multiple FirearmsRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that U.S. Chief Judge Shelly D. Dick sentenced Tylan Tilford, age 29, of Gonzales, Louisiana, to 100 months in federal prison following his conviction of possessing firearms by a convicted felon. The Court further sentenced Tilford to three years of supervised release following his term of imprisonment and ordered that the firearms involved be forfeited.
According to admissions made as a part of his guilty plea, on March 16, 2020, Louisiana State Police narcotics detectives executed a search warrant at Tilford’s residence in Gonzales, Louisiana. While searching the bedroom, detectives located a firearm under a pillow on Tilford’s bed, along with five firearms located in the bedroom and bathroom used by Tilford’s mother. Tilford advised that all the firearms belonged to him and that he had placed them in his mother’s room.
Prior to possessing the firearms, Tilford was convicted in Ascension Parish in March 2012 of simple burglary and in November 2015 of aggravated assault with a firearm.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, and the Louisiana State Police. The case was prosecuted by Assistant United States Attorney Eli J. Abad.
Career Offender Sentenced to 235 Months in Prison for Possession with Intent to Distribute Methamphetamine and HeroinRead the Press Release
BOISE – A Boise man was sentenced to 235 months in federal prison for possession with intent to distribute methamphetamine and heroin.
According to court records, an investigation into Dennis Radford Colby, a/k/a “Dragon” and his drug trafficking organization began in 2020. On February 4, 2021, Colby was observed leaving a residence in Caldwell, Idaho after Agents with the Drug Enforcement Administration had received information that Colby was traveling with a large load of methamphetamine. His vehicle was stopped after officers observed him driving erratically. Colby was armed with a stun gun and attempted to flee from the vehicle. A search of the vehicle discovered 3,916 grams of methamphetamine and 98 grams of heroin.
Chief U.S. District Court Judge David C. Nye also ordered Colby to serve five years of supervised release following his prison sentence. Colby was considered a career offender under the Federal Sentencing Guidelines because he was convicted of a controlled substance offense and has at least two prior felony convictions for drug trafficking. Colby was previously convicted of delivery of a controlled substance in 1998, possession of a controlled offense with the intent to deliver in 1999, and delivery of a controlled substance in 2003. Additionally, Colby has prior felony convictions for burglary on two occasions, malicious injury to property, flee or attempt to elude a police officer, and possession of a controlled substance. Colby was on parole at the time he committed this offense.
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the Drug Enforcement Administration, the Canyon County Sheriff’s Department, the Ada County Sheriff’s Department and the Canyon County-City County Narcotics Unit, which led to the conviction.
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California Man Found Guilty of Conspiracy to Steal Payments from U.S. Department of Defense, Bank Fraud, Lying to Federal Agents, and Other Offenses Related to $23m Phishing ScamRead the Press Release
CAMDEN, N.J. – A California man was convicted on six counts related to the theft of over $23 million dollars from the U.S. Department of Defense (DoD), money destined for one of its jet fuel suppliers, U.S. Attorney Philip R. Sellinger announced today.
Sercan Oyuntur, 40, of Northridge, California, was convicted on April 28, 2022, of one count of conspiracy to commit wire, mail and bank fraud; two counts of bank fraud; one count of using an unauthorized access device to commit fraud; one count of aggravated identity theft; and one count of making false statements to federal law enforcement officers, following an eight-day trial before U.S. District Judge Joseph H. Rodriguez in Camden federal court.
According to documents filed in this case and the evidence presented at trial:
A corporation that had a contract with the DoD to supply jet fuel to troops operating in southeast Asia employed an individual in New Jersey, who was responsible for communicating with the federal government on behalf of the corporation through a government computer system. Through a complex phishing scheme, Oyuntur and criminal conspirators in Germany, Turkey, and New Jersey targeted the corporation and the individual so that the conspirators could steal money that DoD intended to pay to the corporation for providing jet fuel.
Oyuntur’s conspirators created fake email accounts in other people’s names and designed fake webpages that resembled the General Services Administration’s (GSA) public-facing website. From June to September 2018, the conspirators caused phishing emails to be sent to various DoD vendors, including the individual from New Jersey who represented the corporation, to trick these vendors into visiting the phishing pages. These emails appeared to be legitimate communications from the United States government, but were actually sent by the conspirators, and contained electronic links that automatically took individuals to the phishing pages. There, they saw what appeared to be a GSA website and were prompted to enter their confidential login credentials, which were then used by the conspirators to make changes in the government systems and ultimately divert money to the conspirators.
As part of his participation in the scheme, Oyuntur worked closely with another conspirator, Hurriyet Arslan, who owned a used car dealership, Deal Automotive Sales, in Florence, New Jersey. Arslan opened a separate shell company based in New Jersey for use in the criminal scheme, obtained a cell phone number for the shell company, hired another person to pose as the shell company’s owner, and opened a bank account in the name of the shell company.
On Oct. 10, 2018, based on the fraudulent activities of Oyuntur and his conspirators, DoD transferred $23.5 million that had been earned by the victim corporation into Arslan’s Deal Automotive bank account. Arslan went to the bank and was able to access some of this money, but the bank would not release all of the funds to Arslan. That same day, a conspirator in Turkey sent Arslan an email with an altered government contract that falsely indicated Deal Automotive had been awarded a DoD contract valued at approximately $23 million dollars. Oyuntur instructed Arslan to take this fake contract into the bank to explain why he had received the money, so that Arslan could convince the bank to release the remaining funds.
The conspiracy and bank fraud counts of which Oyuntur was convicted each carry a maximum potential penalty of 30 years in prison. The count of using an unauthorized access device to commit fraud carries a maximum potential penalty of 10 years in prison. The false statement count carries a maximum potential penalty of five years in prison. The aggravated identity theft count carries a statutory mandatory consecutive term of two years in prison. The conspiracy and bank fraud counts each carry a maximum fine of equal to the greatest of $1 million or twice the gross profits or loss resulting from the offense, whichever is greatest; the remaining counts carry a $250,000 fine, or twice the gain or loss from the offense, whichever is greatest. Oyuntur will be sentenced on a date to be determined.
Arslan pleaded guilty in January 2020 to conspiracy, bank fraud, and money laundering and is scheduled to be sentenced on June 21, 2022.
U.S. Attorney Sellinger credited criminal investigators of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas Mahoney; special agents of the General Services Administration, Office of Inspector General, under the direction of Special Agent in Charge Eric D. Radwick; special agents of the U.S. Department of Defense, Defense Criminal Investigative Service, Northeast Field Office and the Cyber Field Office, under the direction of Special Agent in Charge Patrick Hegarty and Special Agent in Charge Kenneth A. DeChellis; and special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to today’s conviction.
The government is represented by Senior Trial Counsel Jason M. Richardson of the Civil Rights Division in Camden and Assistant U.S. Attorney Sara A. Aliabadi of the Special Prosecutions Division in Camden.
Buffalo Man Pleads Guilty to His Role in Interstate Marijuana Trafficking OperationRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Vincent Lopresti, 26, of Buffalo, NY, pleaded guilty to misprision of a felony before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of three years in prison and a $250,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that between 2016, and June 2019, Lopresti received marijuana from the Robert Fiels drug organization, distributed and helped distribute the marijuana, concealed the marijuana and stored it until he could sell it, and by his actions helped the marijuana distribution conspiracy to continue. Lopresti failed to notify the Department of Justice and Homeland Security Investigations of the criminal conduct.
Robert Fiels was previously convicted and is awaiting sentencing.
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 plea is the result of an investigation by Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Matthew Scarpino and the New York State Police, under the direction of Major Eugene Staniszewski.
Sentencing is scheduled for September 1, 2022, before Judge Vilardo.
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Buffalo Man Pleads Guilty to Brandishing A Firearm During A Drug DealRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Charlie Yancey, 29, of Buffalo, NY, pleaded guilty to brandishing a firearm in furtherance of drug trafficking, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a minimum penalty of 7 years and a maximum of life in prison.
Assistant U.S. Attorney Jeremiah E. Lenihan, who is handling the case, stated that on July 28, 2019, Yancey met an individual in the parking lot of a convenience store on Main Street in Buffalo to purchase marijuana. Yancey got into the individual’s vehicle and attempted to pay for the marijuana with counterfeit money, which resulted in an argument. Yancey pulled out a 9mm semi-automatic pistol, with an obliterated serial number, and fired nine shots at the individual, causing non-life-threatening injuries. The firearm was later recovered by law enforcement and linked to spent shell casings recovered at the scene.
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 plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia.
Sentencing is scheduled for August 5, 2022, before U.S. District Judge Richard J. Arcara.
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Bronx Gang Member Sentenced to 21 Years for Two Attempted MurdersRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JOSE CABAN, a/k/a “Nene,” was sentenced today to 21 years in prison for committing violent crimes in aid of racketeering and firearms offenses. In June 2018, CABAN helped shoot and paralyze an 18-year-old victim and, then a few months later, in February 2019, CABAN fired a gun five times on a crowded street when attempting to murder a gang rival. CABAN was convicted in October 2021 after a jury trial before U.S. District Judge Valerie E. Caproni, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Today, Jose Caban was rightly sentenced to decades of imprisonment for participating in two shootings that paralyzed an 18-year-old victim and sent people, including children, running for their lives on a crowded street. We will continue to hold accountable those who plague our communities with senseless gun violence.”
According to the Superseding Indictment and the evidence at trial:
CABAN is a member of the Jack Boyz, a criminal enterprise involved in committing numerous acts of violence, including shootings, in and around the Bronx. Members and associates of the Jack Boyz engage in violence to retaliate against rival gangs, and to promote the standing and reputation of the Jack Boyz.
On June 19, 2018, near East 136th Street and Willis Avenue in the Bronx, CABAN helped another member of the Jack Boyz attempt to murder a rival, who was shot in the spine and paralyzed from the chest down.
On February 8, 2019, near East 135th Street and Willis Avenue in the Bronx, CABAN fired a gun five times on a street crowded with innocent bystanders, including children, in an attempt to murder a rival.
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In addition to his prison term, CABAN, 23, was sentenced to five years of supervised release.
Mr. Williams praised the outstanding investigative work of the New York City Police Department and Homeland Security Investigations.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Lindsey Keenan, Justin V. Rodriguez, and Jamie E. Bagliebter are in charge of the prosecution.
British Virgin Islands Premier, Port Director Charged in South Florida Federal Court with Drug Trafficking and Money Laundering CrimesRead the Press Release
Miami, Florida – Miami federal prosecutors have charged British Virgin Islands (BVI) Premier Andrew Alturo Fahie, Managing Director of the BVI Ports Authority Oleanvine Pickering Maynard (O. Maynard), and the Port Director’s son, Kadeem Stephan Maynard (K. Maynard), with cocaine trafficking and money laundering conspiracies for agreeing to facilitate the safe passage through BVI ports of tons of Colombian cocaine headed to Miami. In exchange, the defendants would make millions, which would be funneled through different businesses and bank accounts to hide the money’s source.
According to the allegations of the criminal complaint affidavit, during March and April, Fahie, O. Maynard, and K. Maynard participated in a series of meetings with the purported drug trafficker to broker the deal. Fahie and O. Maynard would secure required licenses, shield the cocaine-filled boats while in BVI’s ports, and grease the palm of a potentially problematic government official, says the affidavit. They discussed bringing 3,000 kilograms of cocaine through a BVI port as a test run, followed by 3,000 kilograms once or twice a month for four months. Fahie and O. Maynard would get a percentage of the cocaine’s sales – millions of dollars, it is alleged.
Fahie and O. Maynard were arrested yesterday in Miami. According to the allegations, they were here to pick up a $700,000 cash advance on their deal. The third defendant, K. Maynard, was arrested in St. Thomas.
Fahie and O. Maynard made their initial federal court appearances today at 1:30 p.m., before United States Magistrate Judge Jonathan Goodman. They are scheduled for pretrial detention hearings on Wednesday, May 4, at 10:00 a.m., in federal magistrate court in Miami.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Deanne L. Reuter, Special Agent in Charge, DEA Miami Field Division, announced the charges.
DEA Miami Field Division investigated this matter. The Justice Department’s Office of International Affairs assisted. Assistant U.S. Attorneys Frederic “Fritz” Shadley and Shane Butland are prosecuting this case.
This case and prosecution was carried out by members of the South Florida High Intensity Drug Trafficking Area (HIDTA) Task Force. The South Florida HIDTA, established in 1990, is made up of federal, state and local law enforcement agencies who, cooperatively, target the region’s drug-trafficking and money laundering organizations. The South Florida HIDTA is funded by the Office of National Drug Control Policy, which sponsors a variety of initiatives focused on the nation’s illicit drug trafficking threats.
Criminal complaints contain mere allegations and defendants are presumed innocent until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
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