Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 14 March 2022
Fort Thompson Man Sentenced for Assault ChargesRead the Press Release
United States Attorney Dennis Holmes announced that a Fort Thompson, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault by Striking, Beating, or Wounding, was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Donald Big Eagle, Jr., age 37, was sentenced to 42 months in federal prison for Assault with a Dangerous Weapon, and eight months in federal prison for Assault by Striking, Beating, or Wounding, with the sentences to be served consecutively, followed by three years of supervised release. Big Eagle was also ordered to pay a special assessment to the Federal Crime Victims Fund, totalling $125, and to pay restitution in the amount of $400.
Big Eagle was indicted by a federal grand jury on December 8, 2020, and he pled guilty on October 4, 2021, for the charge of Assault with a Dangerous Weapon. For the charge of Assault by Striking, Beating, or Wounding, Big Eagle was indicted by a federal grand jury on June 8, 2021, and pled guilty on October 4, 2021.
The Assault with a Dangerous Weapon conviction stemmed from an incident that occurred on November 23, 2018, in Fort Thompson, in which Big Eagle repeatedly stomped and kicked an intimate partner, while wearing steel-toed boots. As a result of the assault, the victim sustained serious bodily injury to her torso, including multiple broken ribs and a collapsed lung.
The Assault by Striking, Beating, or Wounding conviction stemmed from an incident that occurred on June 10, 2020, in Fort Thompson. While sleeping in his vehicle, the victim was drug out of his truck and was beaten by a group of people. An investigation in an unrelated matter led to DNA evidence and a confession from Big Eagle that he was a member of the group that assaulted the victim.
These cases were investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency, and the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Big Eagle was immediately turned over to the custody of the U.S. Marshals Service.
Former Rapid City Priest Sentenced to Five Years in Federal Prison for Illegal Sexual ConductRead the Press Release
United States Attorney Dennis R. Holmes announced that a former Rapid City, South Dakota, priest convicted of Engaging in Illicit Sexual Conduct in a Foreign Place was sentenced on March 11, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Marcin Stanislaw Garbarcz, age 43, was sentenced to five years in federal prison, followed by five years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund. This sentence was ordered to be served after Garbacz completes his sentence of seven years and nine months, which was handed down in November 2020 for his financial fraud and tax convictions following a March 2020 jury trial.
Garbacz was indicted by a federal grand jury on February 19, 2020, and pleaded guilty on November 8, 2021. The charge stems from Garbacz, while traveling in Poland, video recording an unclothed minor. The videos constituted production of child pornography. The videos were later found on Garbacz’s computer following his arrest on the financial fraud charges.
The investigation was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Garbacz was immediately remanded to the custody of the U.S. Marshals Service.
Former Oregon Corrections Official Indicted for Sexually Assaulting a Dozen Female Inmates While Serving as a NurseRead the Press Release
A federal indictment was unsealed today in Portland, Oregon, charging a former Oregon Department of Corrections employee with sexually assaulting a dozen female inmates while serving as a nurse at the Coffee Creek Correctional Facility (CCCF), Oregon’s only women’s prison.
Tony Daniel Klein, 37, of Clackamas County, Oregon, is charged with 21 counts of depriving the victims of their constitutional right not to be subjected to cruel and unusual punishment by sexually assaulting them. The indictment alleges that from 2016 through 2017, Klein committed various forms of sexual assault, some of which included aggravated sexual abuse and some resulting in bodily injury. Klein is also charged with four counts of perjury for giving false testimony during a 2019 deposition related to a federal lawsuit alleging he committed sexual misconduct while serving as a corrections nurse.
If convicted, Klein faces a maximum sentence of life in prison.
Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division and U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case is being investigated by the FBI Portland Field Office with assistance from the Oregon State Police and Clackamas County Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorneys Katherine Rykken and Hannah Horsley of the District of Oregon, and Special Litigation Counsel Fara Gold and Trial Attorney Cameron A. Bell of the Criminal Section of the Justice Department’s Civil Rights Division.
An indictment is merely an allegation, and a defendant is presumed innocent unless and until proven guilty.
Former Oregon Corrections Official Indicted for Sexually Assaulting a Dozen Female Inmates While Serving as a NurseRead the Press Release
PORTLAND, Ore.—A federal indictment was unsealed today charging a former Oregon Department of Corrections employee with sexually assaulting a dozen female inmates while serving as a nurse at the Coffee Creek Correctional Facility (CCCF), Oregon’s only women’s prison.
Tony Daniel Klein, 37, of Clackamas County, Oregon, is charged with 21 counts of depriving the victims of their constitutional right not to be subjected to cruel and unusual punishment by sexually assaulting them. The indictment alleges that from 2016 through 2017, Klein committed various forms of sexual assault, some of which included aggravated sexual abuse and some resulting in bodily injury. Klein is also charged with four counts of perjury for giving false testimony during a 2019 deposition related to a federal lawsuit alleging he committed sexual misconduct while serving as a corrections nurse.
If convicted, Klein faces a maximum sentence of life in prison.
Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division and U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case is being investigated by the FBI Portland Field Office with assistance from the Oregon State Police and Clackamas County Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorneys Katherine Rykken and Hannah Horsley of the District of Oregon, and Special Litigation Counsel Fara Gold and Trial Attorney Cameron A. Bell of the Criminal Section of the Justice Department’s Civil Rights Division.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Former Judson ISD Police Officer Convicted of Making Threats Against BidenRead the Press Release
SAN ANTONIO – Today a New Braunfels man was convicted of making threats against then presidential candidate Joe Biden.
According to court documents and evidence presented at trial, on December 11, 2019, William Oliver Towery, 55, responded to a text message regarding a campaign rally where Biden was to appear. In his response, Towery said, “I’ll be there and have been practicing my sniping skills all month just for this occasion. If you will be nell [sic] near him you may want to wear something dark to hide the blood splatter.”
Towery was remanded into custody after the verdict. Towery faces up to five years in prison, up to three years supervised release, a fine of up to $250,000, and a $100 mandatory special assessment. Sentencing is set for July 13, 2022.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Acting Special Agent in Charge Jason Hudson made the announcement.
The FBI Joint Terrorism Task Force and the San Antonio Police Department investigated the case.
Assistant U.S. Attorneys Mark T. Roomberg and William R. Harris are prosecuting the case.
###
Former Boston Police Clerk Sentenced for Overtime FraudRead the Press Release
BOSTON – A former clerk for Boston Police Department’s (BPD) District A-1 Detectives Unit was sentenced today in connection with an investigation of overtime fraud at the Boston Police Department.
Marilyn Golisano, 69, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 90 days in prison followed by three years of supervised release with the first three months to be spent in home confinement. Golisano was also ordered to pay restitution in the amount of $29,000 to the City of Boston. On Sept. 13, 2021, Golisano pleaded guilty to one count of embezzlement from an agency receiving federal funds and six counts of wire fraud.
Golisano, who handled the overtime paperwork for the unit, submitted dozens of false and fraudulent overtime slips in 2017 and 2018 claiming she had worked extra hours, with many of those slips bearing forged signatures of her supervisor. Although Golisano’s work was done primarily on the computer, Golisano never logged into the BPD computer system at all during many of the overtime shifts she claimed to have worked. Furthermore, on several occasions when Golisano was supposedly working overtime in downtown Boston, cellphone location information placed Golisano well outside the city. In total, Golisano stole $11,000 from BPD in 2017 and $18,000 in 2018 as a result of the fraud.
From 2016 through 2018, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
United States Attorney Rachael S. Rollins; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Mark Grady of Rollins’ Public Corruption & Special Prosecutions Unit prosecuted the case.
Ferguson man pleads guilty to the production of child pornographyRead the Press Release
ST. LOUIS – United States District Court Judge Henry E. Autrey accepted a plea of guilty from Mark Bennett on today’s date, for the production of child pornography. Judge Autrey set sentencing for June 13, 2022. At sentencing, Bennett is subject to imprisonment of not less than fifteen years and not more than thirty years, and a fine of not more than $250,000. The Court may also impose a period of supervised release of not more than life and not less than five years.
According to the plea agreement, on December 11, 2019, Bennett attempted to download child pornography from a Microsoft search engine. Due to material sought, Microsoft reported the activity as a cyber tip to the National Center for Missing and Exploited Children on December 12, 2019. This cyber tip led to a law enforcement investigation by the St. Louis County Police Department and the Federal Bureau of Investigation. Law enforcement obtained a search warrant for the residence of Bennett.
A subsequent search of Bennett’s electronics revealed over fifteen hundred files of child sexual abuse material. It was learned that Bennett had been abusing his adopted daughter and he had digitally recorded and photographed the abuse. Bennett was found in possession of five hundred and eight-nine images and videos of the aforementioned sexual abuse of his adopted daughter.
The case was investigated by the St. Louis County Police Department and the Federal Bureau of Investigation.
Federal jury convicts Navajo man of manslaughterRead the Press Release
ALBUQUERQUE, N.M. – A federal jury on March 10 returned a guilty verdict on Brian Tony, 50, of Gallup, New Mexico. The jury found Tony guilty of voluntary manslaughter.
Tony, an enrolled member of the Navajo Nation, was arrested on June 3, 2016, on a criminal complaint charging him with killing a man by stabbing him in the head and neck and hitting him with a hammer. Tony killed the victim on the Navajo Nation in McKinley County, New Mexico, on May 9, 2016. At the time, Tony was on supervised release for a prior conviction on a federal assault charge.
Tony, who was accompanied by his brother and his girlfriend, drove to a residence in Gallup and picked up the victim and the victim’s friend. While at the residence, Tony retrieved a hammer and placed it in his vehicle. Tony drove them to a location called “Superman Canyon,” where Tony and the victim got out of the vehicle and the victim was killed out of sight of the other passengers. An autopsy revealed that the victim had been stabbed repeatedly in the head and neck and had blunt-force trauma wounds on his head.
On Aug. 8, 2017, Tony was charged in a superseding indictment with first-degree murder and two counts of witness tampering. On Sept. 30, 2017, a jury convicted Tony of witness tampering. Following Tony’s arrest in June 2016, while he was detained at the Santa Fe County Detention Center, Tony called friends and relatives imploring them to convince a witness to leave town and to prevent him from testifying. In a number of these recorded calls, Tony can be heard attempting to dissuade his girlfriend from cooperating with law enforcement.
Tony has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has not been scheduled. Tony faces up to 15 years in prison for the voluntary manslaughter conviction.
This case was investigated by the Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Nation Division of Public Safety. Assistant United States Attorneys Joseph M. Spindle and Nicholas J. Marshall are prosecuting the case.
Federal Grand Jury Indicts Amherst Businessman on 40 Counts for Defrauding the Paycheck Protection and Economic Injury Disaster Loan Programs Out of Millions of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned a 40-count indictment charging Hormoz Mansouri, 67, of Amherst, NY, with conspiracy to commit wire fraud and bank fraud, bank fraud, wire fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000.
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that the indictment charges Mansouri with filing fraudulent loan applications under both the Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. The loans available for these programs were designed to provide emergency financial assistance pursuant to the Coronavirus Aid, Relief, and Economic Security (CARES Act). Mansouri controlled the following business entities which applied for loans:
• HLM Holding LLC,
• El Team Inc.,
• NPTS Inc.,
• 2060 Sheridan Drive LLC,
• 212 Holden Avenue LLC,
• 350 Old Niagara Falls Boulevard LLC,
• 47 East Amherst LLC, and
• 3600 Harlem Road LLC.The PPP loans that the Mansouri-controlled entities obtained, either inflated or completely fabricated the average monthly payroll and six of the eight entities had no actual employees or payroll expenses at all. The total amount of money received from the fraudulent PPP loans totaled approximately $3,000,000. The Mansouri controlled entities also received approximately $450,600 in Economic Injury Disaster Loans (EIDL). These loan applications falsely represented revenues and cost of goods sold. On May 28, 2021, the United States Attorney’s Office seized approximately $1,923,603 of the fraudulently obtained money.
The indictment also charges Mansouri with moving the fraudulent PPP and EIDL funds between various bank accounts; commingling the proceeds with legitimate business revenues; and funding certain accounts, including a campaign account (in the name of “Mansouri for County Comptroller”).
Mansouri was arraigned this morning before U.S. Magistrate Judge Michael J. Roemer and was released on conditions.
The indictment is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Special Agent-in-Charge Thomas Fattorusso.
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.
# # # #
Federal Grand Jury A Indictments Announced- March 2022Read the Press Release
United States Attorney Clint Johnson today announced the results of the March 2022 Federal Grand Jury A.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jose Guadalupe Campos Lopez. Sexual Abuse of a Minor in Indian Country (Count 1); Coercion and Enticement of a Minor (Counts 2,3); Sex Trafficking of Children (Counts 4,5). Campos, 35, is alleged to have engaged in sexual acts with a minor victim between the ages of 12 and 16, from Jan. 1, 2019, to Oct. 11, 2021. He is further charged with enticing the same victim and a second minor victim to engage in sexual activity. Finally, Campos allegedly recruited the two victims to engage in commercial sex acts. He allegedly provided money and other items as payment in return for the minors performing sex acts with him. The FBI and Mayes County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Gina S. Gilmore is prosecuting the case. 22-CR-71
Dakota Wayne Campus. Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Felon in Possession of a Firearm and Ammunition. Campus, 27, of Tulsa, is charged with strangling an intimate partner on Feb. 4, 2022. He is further charged with assaulting the victim with a dangerous weapon and with carrying, using and brandishing a firearm during a crime of violence. Finally, he is charged with being a felon in possession of a Taurus Int. 9 mm caliber pistol and 10 rounds of ammunition. Neighbors in the apartment complex called authorities with reports of hearing a violent attack. Campus allegedly fled when authorities arrived but was located on Feb. 11 and taken into custody after a chase. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Stacey P. Todd is prosecuting the case. 22-CR-64
Carlos Montil Cobb. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Cobb, 44, of Tulsa, is charged with being a felon in possession of a Fabrique Nationale 9 mm caliber semi-automatic pistol and seven rounds of ammunition on Feb. 10, 2022. He is further charged with knowingly possessing with intent to distribute methamphetamine on Feb. 10, 2022, and with possessing a firearm in furtherance of a drug trafficking crime. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-CR-72
Tye Dean Lewis Ross Cody. Involuntary Manslaughter in Indian Country. Cody, 21, of Nowata, was allegedly speeding and unlawfully passed another vehicle. Cody’s vehicle struck one motorist’s vehicle as he attempted to pass it and then collided head-on with a second vehicle, killing the driver. The incident occurred on May 28, 2020, in Nowata County. The FBI and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorney Brandon A. Skates is prosecuting the case. 22-CR-63
Derek Ray Flaming. Receipt of an Obscene Visual Representation of the Sexual Abuse of Children; Distribution of an Obscene Visual Representation of the Sexual Abuse of Children; Aggravated Sexual Abuse; Assault with Intent to Commit Sexual Abuse; Attempted Sexual Abuse (second superseding). Flaming, 35, of Salina, Oklahoma, allegedly received and later distributed an image depicting a minor child engaged in sexually explicit conduct from Feb. 1, 2016, to Nov. 29, 2016. He is also charged with engaging in a sexual act with a minor under 12 years of age from May 1, 2015, to Oct. 23, 2016. He is further charged with assaulting a minor victim under the age of 12 with intent to commit aggravated sexual abuse from Nov. 1 through Nov. 16, 2016. Finally, he is charged with attempting to sexually abuse the child on Nov. 18, 2016. Flaming allegedly committed the crimes when he was a dependent of a U.S. Armed Forces member. The Army Criminal Investigative Command, CEOS High Technology Investigative Unit, U.S. Marshals’ Northern Oklahoma Violent Crime Task Force and U.S. Immigration and Customs Enforcement's Homeland Security Investigations are the investigative agencies. CEOS Trial Attorney Ralph Paradiso and Assistant U.S. Attorney Aaron M. Jolly of the Northern District of Oklahoma are prosecuting the case. See the June 28, 2021 press release announcing the initial indictment. 21-CR-281
Anthony James Nadolny. First Degree Burglary in Indian Country; Third Degree Burglary in Indian Country. On Dec. 17, 2019, Nadolny, 33, of Tulsa, allegedly broke into a home with the intent to commit a crime. He also broke into an automobile in the garage. Nadolny allegedly stole numerous items to include a firearm, credit cards, a tool set, personal documents, and more. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney George Jiang is prosecuting the case. 22-CR-65
Vernon Jenedia Neel. Aggravated Sexual Abuse by Force in Indian Country; Assault with Intent to Commit Aggravated Sexual Abuse by Force in Indian Country; Assault Resulting in Serious Bodily Injury in Indian Country; Robbery in Indian Country; First Degree Burglary in Indian Country; Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country (second superseding). Neel, 42, a transient, is alleged to have held a victim down, choked her, then struck her in the face as he attempted to sexually assault her on July 3, 2021. Neel is also alleged to have taken the victim’s cell phone, keys, and BB gun by force and intimidation. Neel is further charged with first degree burglary for kicking in the door of a second woman’s home while the home was occupied on April 4, 2021. Finally, he is charged with assaulting a third victim, who was an intimate partner, by strangling her on Sept. 27, 2017. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Stacey P. Todd and Vani Singhal are prosecuting the case. 21-CR-362
Kishan Harkishonbhai Panchal. Making a False Statement to a Firearms Dealer. Panchal, 26, of Broken Arrow, allegedly lied on federal forms, specifically the AFT Form 4473, when he attempted to purchase a firearm from Quik Fix Gun and Pawn in Bristow. Panchal marked that he had never been convicted of a misdemeanor crime of domestic violence when, in truth, he had been convicted of Domestic Assault and Battery Against a Pregnant Woman in Osage County District Court in September 2020. The Bureau of Alcohol, Tobacco, Firearms and Explosives is the investigative agency. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 22-CR-62
Richard Alan Stewart. Felon in Possession of Firearms and Ammunition; Possession of Methamphetamine with Intent to Distribute; Carrying a Firearm During and in Relation to a Drug Trafficking Crime; Carrying, Using, and Brandishing a Firearm During and in Relation to a Drug Trafficking Crime; Possession of Methamphetamine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Stewart, 50, of Miami, Oklahoma, is charged with being a felon in possession of a Spike’s Tactical Model ST15 multi-caliber semi-automatic rifle and with carrying the firearm in furtherance of a drug trafficking crime on Nov. 13, 2019. He allegedly possessed 50 grams or more of methamphetamine on Nov. 13, 2019. Stewart is further charged with being a felon in possession of a Smith and Wesson .380 caliber pistol, a Smith and Wesson .45 caliber revolver and a Heritage .22 caliber revolver and with possessing firearms in furtherance of a drug trafficking crime on March 18, 2021. Stewart allegedly possessed with intent to distribute 500 grams or more of methamphetamine on March 18, 2021. Stewart is further charged with being a felon in possession of a Ruger EC9s 9 mm caliber pistol and seven rounds of ammunition and with possessing the firearm in furtherance of a drug trafficking crime on May 17, 2021. Stewart allegedly possessed with intent to distribute 50 grams or more of methamphetamine on May 17, 2021. The Drug Enforcement Administration, Bureau of Indian Affairs, Oklahoma Highway Patrol, and the Oklahoma District 13 Drug Task Force are the investigative agencies. This indictment resulted from an Organized Crime Drug Enforcement Task Force investigation “Operation Pullin Chains.” Assistant U.S. Attorney Kyle McWaters is prosecuting the case. 22-CR-74
Nicholas Chase Washington. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (superseding). Washington, 36, of Tulsa, allegedly assaulted the victim with a dangerous weapon with intent to do bodily harm on Jan. 10, 2022. The FBI is the investigative agency. Assistant U.S. Attorney Shannon Cozzoni is prosecuting the case. 22-CR-55
Zane David Williams. Theft from a Gaming Establishment on Indian Lands of More Than $1,000. On Feb. 22, 2022, Williams, 35, of Harrison, Arkansas, allegedly stole property worth more than $1,000 from a casino operated by the Quapaw Nation. The FBI and Quapaw Tribal Marshals Service are the investigative agencies. Assistant U.S. Attorney Alex M. Scott is prosecuting the case. 22-CR-75
James Edward Wise. Possession of an Unregistered Rifle Having a Barrel of Less Than 16 Inches in Length. Wise, 44, of Tulsa, is charged with possessing an Izimash 7.62 X 39 caliber semi-automatic rifle having a barrel of less than 16 inches in length that was not registered to him in the National Firearms Registration and Transfer Record. The Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney John E. Brasher is prosecuting the case. 22-CR-76
Federal Fugitive Arraigned on Escape and Drug ChargesRead the Press Release
OKLAHOMA CITY – Today, federal fugitive BRYAN SCOTT MILLER, 36, from Oklahoma City, was arraigned on two grand jury indictments charging him with drug and escape offenses, announced United States Attorney Robert J. Troester.
On January 6, 2022, Miller was indicted by a federal grand jury with one count of Possession of Cocaine Base with Intent to Distribute and one count of Possession of Cocaine HCL with Intent to Distribute, both in violation of 21 U.S.C. § 841(a)(1). These charges stemmed from Miller’s October 12, 2021, arrest by Oklahoma City Police Department Officers and U.S. Marshal Service Fugitive Squad members for violations of the terms of his previously imposed federal term of supervised release.
As a result of his prior supervised release violations, on November 4, 2021, the Honorable Judge Joe Heaton sentenced Miller to 24 months custody in the federal Bureau of Prisons (BOP). Miller was thereafter designated at the El Reno Federal Correctional Institution to serve his sentence. It is alleged that on February 14, 2022, Miller escaped from BOP custody. On March 1, 2022, a federal grand jury returned a second indictment charging him with Escape From Custody, in violation of 18 U.S.C. § 751(a).
Miller remained a federal fugitive until he was apprehended in Oklahoma City on March 12, 2022, by Oklahoma City Police Officers and Special Agents with the Federal Bureau of Investigation (FBI). Miller was arraigned today before Magistrate Judge Gary Purcell. Judge Purcell ordered that Miller be detained pending trial.
If found guilty, Miller faces a maximum potential penalty of up to forty years of imprisonment, three years of supervised release, and a $5,000,000 fine as to his charge of Possession of Cocaine Base with Intent to Distribute; up to twenty years of imprisonment, three years of supervised release, and a $1,000,000 fine as to his Possession of Cocaine HCl with Intent to Distribute charge; and up to five years of imprisonment, three years of supervised release, and a $250,000 fine on the Escape from Custody charge. This case is the result of an investigation by the FBI’s Oklahoma City Field Office, the Oklahoma City Police Department, and the United States Marshals Service. Assistant U.S. Attorney Chelsie A. Pratt is prosecuting the case.
The public is reminded that these charges are merely allegations and that the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Reference is made to public filings for more information.
Federal Correctional Officer Charged and Former Prison Nurse Pleads Guilty in Bribery and Contraband Smuggling SchemesRead the Press Release
A former nurse at Leavenworth Detention Center has pleaded guilty to conspiring to smuggle contraband into the prison, and a federal grand jury in the District of Kansas has returned an indictment charging a former correctional officer with a similar scheme.
According to court documents, Jeane Arnette, 61, of Leavenworth, Kansas, previously worked at Leavenworth Detention Center, a privately run, maximum-security federal prison. Arnette used her position as a nurse to smuggle and attempt to smuggle contraband — including cell phones — into the prison.
Arnette pleaded guilty on March 10 to conspiracy to provide contraband to inmates of a federal prison. She is scheduled to be sentenced on June 9 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to court documents, James Bunch, 40, of Leavenworth, previously worked at Leavenworth Detention Center as a correctional officer. Bunch allegedly used his former position to smuggle contraband, including cell phones, into the prison in exchange for bribes from federal inmates.
Bunch was arrested on March 11 and is charged with conspiracy to commit bribery and provide contraband, and bribery. He made his initial appearance today in the District of Kansas. If convicted of both counts, he faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Special Agent in Charge William J. Hannah of the Department of Justice Office of Inspector General (DOJ-OIG) Chicago Field Office, and Special Agent in Charge Charles A. Dayoub of the FBI’s Kansas City Field Office made the announcement.
The FBI and DOJ-OIG are investigating the cases.
Trial Attorneys Rebecca M. Schuman and Jacob R. Steiner of the Justice Department’s Public Integrity Section are prosecuting the cases.
The cases are part of the Justice Department’s ongoing efforts to combat prison corruption. In addition to the above matters, the Public Integrity Section recently obtained convictions against four other former Leavenworth Detention Center officials for similar conduct. See United States v. Jacqueline Sifuentes, Case No. 2:21-cr-20053 (D. Kan.); United States v. Cheyonte Harris, Case No. 2:21-cr-20054 (D. Kan.); United States v. Willie Golden, Case No. 2:21-cr-20061 (D. Kan.); and United States v. Janna Grier, Case No. 2:22-cr-20001 (D. Kan.). Separately, the Public Integrity Section has obtained convictions against three former North Carolina prison officials who smuggled contraband, including narcotics, into a state facility in exchange for bribes. See United States v. Ollie Rose, III, Case No. 4:20-CR-96 (E.D.N.C.); United States v. Kenneth Farr, Case No. 4:21-CR-9 (E.D.N.C.); and United States v. Jeremy Chambers, Case No. 4:21-CR-38 (E.D.N.C.).
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fayette County Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
PITTSBURGH, PA - A resident of Isabella, PA waived indictment and pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.
Cedric Harrison, age 35, pleaded guilty to a two-count Information before United States District Judge Christy Criswell Wiegand.
In connection with the guilty plea, the Court was advised that on or about July 9, 2021, Cedric Harrison possessed a quantity of cocaine with the intent to distribute it and that, from in and around June 2020 until July 2021, Harrison conspired with others to possess with intent to distribute and distribute quantities of cocaine and heroin.
Judge Wiegand scheduled sentencing for July 7, 2022, at 10:00 a.m. The law provides for a maximum sentence of 30 years in prison, a fine of not more than $2,000,000, or both.
Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the Court ordered Harrison released subject to a $50,000 unsecured bond.
Assistant United States Attorneys Yvonne Saadi and Jonathan Lusty are prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police, and the Perryopolis Police Department conducted the investigation that led to the prosecution of Cedric Harrison.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
FCI Gilmer inmate sentenced for indecent exposureRead the Press Release
CLARKSBURG, WEST VIRGINIA – Darius McNeal, an inmate at Federal Corrections Institution Gilmer, was sentenced today to eight months of incarceration for indecent exposure, United States Attorney William Ihlenfeld announced.
McNeal, 20, pleaded guilty in March 2021 to three counts of “Indecent Exposure.” McNeal admitted to exposing himself and committing sexual acts in front of another person on three separate occasions in November 2019m December 2019, and June 2020 in Gilmer County.
Assistant U.S. Attorney Christopher L. Bauer prosecuted the case on behalf of the government. The Bureau of Prisons investigated.
U.S. District Judge Thomas S. Kleeh presided.
Eugene Man Pleads Guilty After Illegally Importing and Exporting Live ScorpionsRead the Press Release
MEDFORD, Ore.—A Eugene, Oregon man who formerly resided in Southern Oregon pleaded guilty today in federal court to violating the Lacey Act by illegally importing and exporting hundreds of live scorpions.
Darren Dennis Drake, 39, waived indictment and pleaded guilty to conspiring with others to commit Lacey Act violations, a federal misdemeanor.
According to court documents, between September 4, 2017 and March 21, 2018, Drake imported and exported dozens of live scorpions from and to contacts in Germany without first obtaining an import-export license from the U.S. Fish and Wildlife Service (FWS). On one parcel intercepted by U.S. Customs and Border Protection (CBP), Drake falsely labeled the package contents as “chocolates.” Drake also mailed or received several hundred live scorpions from other U.S. states, including Michigan and Texas, in violation of federal mailing laws.
On February 23, 2022, Drake was charged by criminal information with conspiracy to violate the Lacey Act.
Drake faces a maximum sentence of one year in prison, a $100,000 fine and three years’ supervised release. He will be sentenced on June 22, 2022 before U.S. District Court Judge Ann L. Aiken.
U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the FWS Office of Law Enforcement with assistance from CBP and the U.S. Postal Inspection Service. It was prosecuted by John C. Brassell, Assistant U.S. Attorney for the District of Oregon.
The U.S. Fish and Wildlife Service is responsible for protecting America’s wildlife from poaching, illegal commercialization, and other kinds of wildlife crime. If you have information related to a wildlife crime, please call 1-844-FWS-TIPS (1-844-397-8477) or email [email protected].
Eagle Butte Man Sentenced for Assaulting an Intimate PartnerRead the Press Release
United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Assault Resulting in Substantial Bodily Injury to an Intimate Partner was sentenced on March 14, 2022, by Chief Judge Roberto A. Lange, U.S. District Court.
Walter Hanson, Jr., age 37, was sentenced to 60 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hanson was indicted by a federal grand jury on February 8, 2021. He pled guilty on December 2, 2021.
The conviction stems from an incident on September 10, 2020, in Cherry Creek, South Dakota, when Hanson accused his intimate partner of losing his EBT card and assaulted her causing serious bodily. Hanson got out of the car they were in, drug the female out of the vehicle, and shoved her to the ground. He then punched her, pulled her hair, kicked her in the stomach and chest area, and stomped on her left shoulder, breaking her left clavicle. After the assault ended, Hanson found the EBT card in his own jacket pocket. Hanson was classified as a Career Offender based upon a 2005 conviction for Voluntary Manslaughter and a conviction in 2016 for Assault with a Dangerous Weapon.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Hanson was immediately turned over to the custody of the U.S. Marshals Service.
Drug User Sentenced to Prison for Possessing a FirearmRead the Press Release
A man who unlawfully possessed a firearm was sentenced today to more than one year in federal prison.
Vantez Wright, Jr., age 19, from Waterloo, Iowa, received the prison term after an October 12, 2001, guilty plea to one count of possession of a firearm by a drug user.
At the guilty plea, Wright admitted that on February 26, 2021, he knowingly possessed a firearm, a Springfield .45 caliber pistol, as a prohibited person. Wright was prohibited from possessing a firearm because he was an unlawful user of marijuana, a controlled substance. During the execution of a search warrant at Wright’s house on February 26, 2021, police officers found a loaded .45 caliber handgun. Officers also found marijuana which Wright admitted regularly using and selling for extra money. Wright stated he preferred to have the gun at his house, “just in case.” Later at the police station, Wright provided a urine sample which tested positive for marijuana metabolites, confirming that defendant had recently used marijuana.
Wright was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Wright was sentenced to 15 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Wright was released on the bond previously set and is to surrender to the United States Marshal on May 9, 2022.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Waterloo Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2048.
Follow us on Twitter @USAO_NDIA.
Convicted Felon Charged with Drug Trafficking Offenses After Incident That Seriously Injured Two VictimsRead the Press Release
INDIANAPOLIS – Carl Young, Jr., 41, of Indianapolis, appeared in federal court today to face charges of possession with the intent to distribute cocaine and marijuana, possession of a firearm by a convicted felon, and carrying a firearm during and in relation to a drug trafficking crime.
According to court documents, on February 16, 2022, Young was arrested by officers from the Indianapolis Metropolitan Police Department after allegedly stealing a vehicle, fleeing from police, and crashing into another car. The occupants of the other vehicle were ejected during the crash and suffered serious injuries. Young allegedly had cocaine, approximately six pounds of marijuana, and a loaded shotgun inside the stolen vehicle, which police seized. Young has numerous prior felony convictions, including three convictions for operating a vehicle while intoxicated endangering a person within the last three years.
If convicted on the new federal charges, Young faces up to 20 years in prison for possession with the intent to distribute cocaine, up to 5 years in prison for possession with the intent to distribute marijuana, up to 10 years for possession of a firearm by a convicted felon, and up to life in prison for carrying a firearm during and in relation to a drug trafficking crime. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, IMPD Chief Randal Taylor and ATF Acting Special Agent in Charge for the Columbus Field Division, Timothy Canon, made the announcement.
The Indianapolis Metropolitan Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case.
U.S. Attorney Myers thanked Assistant United States Attorney Pamela S. Domash, who is prosecuting the case.
This case was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement, and the local community to develop effective, locally based strategies to reduce violent crime.
A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Columbus Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – A Columbus, Ohio man pleaded guilty today to a federal drug trafficking crime.
According to court documents, Donald Ray Jackson, 38, assisted in the sale of what was purported to be heroin to a confidential informant on August 30, 2016 in Huntington. A forensic chemist who analyzed the substance subsequently found it to contain a mixture of both heroin and fentanyl.
Jackson pleaded guilty to distribution of heroin and fentanyl and faces up to 20 years in prison when he is sentenced on June 13, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Joseph F. Adams is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:17-cr-00183.
###
Cincinnati man who advertised online for babysitting services sentenced to more than 8 years in prison for possessing child pornographyRead the Press Release
CINCINNATI – A Cincinnati man who sought babysitting jobs online was sentenced in U.S. District Court today to 100 months in prison and 10 years of supervised release for possessing child pornography.
Ryan J. McConnell, 31, was arrested by federal agents in December 2020.
According to court documents, FBI agents in El Paso, Texas, acting in an undercover capacity on Kik messenger discovered McConnell through a group called “Toddlers.” Members within this group distributed hundreds of videos and images of child rape.
McConnell’s phone contained child pornography depicting pre-pubescent and pubescent boys engaged in sexually explicit conduct while wearing diapers.
Additionally, McConnell actively sought work as a babysitter from approximately 2010 until 2020 on a number of websites, including SitterCity.com, Care.com, Craigslist.org and possibly others. For example, McConnell was registered for three SitterCity accounts and had created at least 20 Craigslist ads offering childcare and/or babysitting services as recently as late October 2020. He was accepting babysitting jobs as “Bryan S.”
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence imposed today by Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorney Kyle J. Healey is representing the United States in this case.
# # #
Cedar Rapids Woman Who Brought Child to Drug Deal Sentenced to Federal PrisonRead the Press Release
A woman who distributed methamphetamine was sentenced today to more than three years in federal prison.
Paige Elizabeth Axler, age 25, from Cedar Rapids, Iowa, received the prison term after a September 27, 2021 guilty plea to distributing at least fifty grams of actual (pure) methamphetamine.
Evidence at the plea and sentencing hearings showed that on two occasions in December 2020, Axler distributed approximately two ounces of ice methamphetamine. The first time, she brought a seven-year-old child with her to the drug deal. The second time, she obtained the ice methamphetamine from a person in a hotel room before selling it to another person. Though she is only 25 years old, Axler has accumulated eight adult criminal convictions.
Axler was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. She was sentenced to 45 months’ imprisonment. She must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Axler is being held in the United States Marshal’s custody until she can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Devra T. Hake and investigated by 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 21-CR-43.
Follow us on Twitter @USAO_NDIA.
Camden County Man Admits Fraudulently Obtaining Paycheck Protection Program LoanRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, man today admitted fraudulently obtaining a federal Paycheck Protection Program (PPP) loan of $237,500, U.S. Attorney Philip R. Sellinger announced.
Cornell McCoy, 49, of Lawnside, New Jersey, pleaded guilty by videoconference before U.S. District Judge Karen M. Williams in Camden federal court to an information charging him with one count of bank fraud.
According to documents filed in this case and statements made in court:
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted in March 2020 and was designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of hundreds of billions of dollars in forgivable loans to small businesses for job retention and certain other expenses, through a program referred to as the Paycheck Protection Program (the “PPP”). To obtain a PPP loan, a qualifying small business must apply and provide information on its operations, including the number of employees and payroll expenses. Businesses generally had to provide supporting documentation.
In February 2021, McCoy applied for a PPP loan on behalf of Silver Cup Services Group LLC, a company that he owned. McCoy stated on the application that Silver Cup had 12 employees and an average monthly payroll of $95,000. He also submitted federal tax forms and returns that purported to show that Silver Cup paid $300,000 in wages during each quarter of 2019 and that McCoy earned more than $800,000 in income from Silver Cup in 2019. In fact, Silver Cup had no employees other than McCoy himself and paid no wages in 2019. The tax forms submitted with the application were forged. In April 2021, the lender approved the loan based on the fraudulent application and disbursed $237,500 to a bank account controlled by McCoy.
The charge of bank fraud carries a maximum penalty of 30 years in prison and a fine of $1 million. As part of his guilty plea, McCoy agreed to make restitution in the full amount of the PPP loan and agreed to forfeit the contents of the bank account to which the loan proceeds were disbursed. Sentencing is scheduled for July 20, 2022.
U.S. Attorney Sellinger credited special agents of the Federal Deposit Insurance Corporation – Office of the Inspector General, under the direction of Patricia Tarasca, Special Agent-in-Charge, New York Regional Office; special agents of the Social Security Administration, Office of the Inspector General, New York Field Division, under the direction of Special Agent in Charge Sharon MacDermott; special agents of the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Jacqueline Maguire in Philadelphia; and special agents of the U.S. Department of Labor, Office of the Inspector General, New York Region, under the direction of Special Agent in Charge Jonathan Mellone, with the investigation leading to today’s guilty plea.
The government is represented by Senior Trial Counsel Jason M. Richardson and Assistant U.S. Attorney Daniel A. Friedman of the U.S. Attorney’s Office’s Criminal Division in Camden.
California Man Sentenced to 21 Months for National Forest BurglariesRead the Press Release
TUCSON, Ariz. – Last week, Brian D. Lisanti, 51, of Weimar, California, was sentenced by U.S. District Judge Scott Rash to 21 months in prison for his involvement in a scheme to burglarize user fee collection sites on the Coronado National Forest in Southern Arizona.
Lisanti previously pleaded guilty to destruction of government property by breaking into a fee envelope collection tube on the Coronado National Forest near Safford, Arizona and to stealing $1,408 of government funds from a fee envelope collection tube on the Coronado National Forest near Green Valley, Arizona in 2020. In pleading guilty, Lisanti also admitted that between July 23, 2020 and November 8, 2020, he committed at least 42 burglaries and theft of government funds at fee collection sites on national recreation lands in Arizona, Virginia, West Virginia, Wyoming, Idaho, and Utah. Lisanti committed these acts by breaking the locks on fee collection tubes and stealing monies that recreational users had deposited as fees payable to the United States government.
The U.S Forest Service Law Enforcement and Investigations Office conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR-21-01603-TUC-SHR
RELEASE NUMBER: 2022-023_Lisanti# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.California Man Sentenced to 12 1/2 years in Federal Prison for Drug Trafficking ConspiracyRead the Press Release
United States Attorney Dennis R. Holmes announced that a Spring Valley, California, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on March 7, 2022, by Judge Jeffrey L. Viken, U.S. District Court.
Larre Hayes, age 37, was sentenced to 12 1/2 years in federal prison, followed by five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. He also forfeited four firearms.
Hayes was indicted for Conspiracy to Distribute a Controlled Substance by a federal grand jury on February 19, 2021. He pleaded guilty on November 1, 2021. Hayes was involved in a conspiracy responsible for distributing between 1.5 and 5 kilograms of methamphetamine in the Rapid City area. Hayes brought methamphetamine from California to South Dakota with co-conspirator, Shelby Tripp Lien, who is currently awaiting trial. Hayes also facilitated the mailing of methamphetamine from California to South Dakota. During the conspiracy Hayes obtained firearms as payment for methamphetamine and also for personal protection.
This case was investigated by the Drug Enforcement Agency, South Dakota Division of Criminal Investigation, Bureau of Alcohol Tobacco and Firearms, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Hayes was immediately returned to the custody of the U.S. Marshals Service.
Brother of Former Chabad of Poway Rabbi Goldstein Sentenced for Tax Fraud SchemeRead the Press Release
Assistant U. S. Attorneys Michelle L. Wasserman (619) 546-8431 and Valerie Chu (619) 546-6750
NEWS RELEASE SUMMARY – March 11, 2022
SAN DIEGO – Mendel Goldstein, brother of former Chabad of Poway Rabbi Yisroel Goldstein, was sentenced in federal court today to 8 months custody and a $5,500 fine for his participation in a years-long scheme with his brother to evade taxes. He was also ordered to pay restitution totaling $164,475.82. While imposing the sentence, District Court Judge Cynthia Bashant stated, “It’s important to send a message . . . people need to know, this is what happens when you commit tax fraud.”
According to his plea agreement, Mendel Goldstein concealed the entirety of his income for at least six years by funneling the income from his successful videography business through Chabad of Poway bank accounts that were controlled by his brother, Rabbi Goldstein. In return, Rabbi Goldstein took a ten percent cut of Mendel Goldstein’s income.
Mendel Goldstein was able to access his funds by writing checks to himself from the Chabad of Poway bank account that concealed the true recipient of the money, instead addressing checks to fictitious people including “Mr. Green,” “Mr. Gold,” or “Mr. Fish,” or simply making the checks out to “CASH.” Between April 2012 and August 2018, Mendel Goldstein concealed over $700,000 in income from the IRS, evading over $150,000 in taxes.
Rabbi Goldstein alerted Mendel Goldstein to the investigation around December 2018 and encouraged Mendel Goldstein to conceal his tax evasion by filing delinquent tax returns.
In July 2020, Rabbi Goldstein pleaded guilty to fraud charges, admitting that he participated in a complex, years-long, multi-million-dollar tax-evasion scheme and other financial deceptions involving theft of public money. Rabbi Goldstein’s plea agreement outlined the fraud scheme with Mendel Goldstein.
“Our community should not tolerate tax fraud, and offenders will continue to be prosecuted,” said U.S. Attorney Randy Grossman. Grossman thanked the prosecution team and FBI and IRS agents for their excellent work on this case.
“For years, Mendel Goldstein worked with his brother, Yisroel - then the director of the Chabad of Poway - to orchestrate a financial scheme to hide more than $700,000 of his own income from being taxed,” said FBI Special Agent in Charge Suzanne Turner. “The FBI has no tolerance for those who abuse the tax-exempt status of religious organizations for their own financial gain. We are proud to work alongside our federal partners at IRS - Criminal Investigation to uncover various forms of financial fraud and I would like to thank them for their ongoing partnership in this case.”
“Instead of paying his fair share, Mr. Mendel Goldstein used his relationship and the exploitation of a religious organization’s special non-profit status to divert his income, conceal his earnings and evade paying his taxes,” said Special Agent in Charge Ryan L. Korner of IRS Criminal Investigation. “Today’s sentencing and this investigation demonstrate our commitment to hold accountable those who shirk their tax obligations by corrupting our nation’s tax laws for their own personal gain.”
SUMMARY OF CHARGES Case Number 20CR-2772-BAS
Mendel Goldstein Age:64 Brooklyn NY
Conspiracy to Defraud the United States, in violation of Title 18, USC 371
Maximum Penalty: Five years in prison
PREVIOUSLY CHARGED DEFENDANTS AND SUMMARY OF CHARGES
Yisroel Goldstein, Case Number 20CR1916-BAS Age: 58 Poway
Conspiracy to Defraud the United States and Commit Wire Fraud, in violation of Title 18, USC 371
Maximum Penalty: Five years in prison
Alexander Avergoon, Case Number 19CR2955-BAS Age: 44 San Diego
Wire Fraud, in violation of Title 18, USC 1343
Maximum Penalty: Twenty years in prison
Aggravated Identity Theft, in violation of Title 18, USC 1028A
Maximum Penalty: Two years minimum consecutive term in prison
Money Laundering, in violation of Title 18, USC 1956(a)(1)(B)(i)
Maximum Penalty: Twenty years in prison
Bruce Baker, Case Number 20CR1912-BAS Age: 74 La Jolla
Conspiracy to Defraud the United States and file false tax returns, in violation of Title 18, USC 371
Maximum Penalty: Five years in prison
Bijan Moossazadeh, Case Number 20CR1893-BAS Age: 63 San Diego
Filing a False Tax Return, in violation of Title 26, USC 7206(1)
Maximum Penalty: Three years in prison
Yousef Shemirani, Case Number 20CR1895-BAS Age: 74 Poway
Filing a False Tax Return, in violation of Title 26, USC 7206(1)
Maximum Penalty: Three years in prison
Boris Shkoller, Case Number 20CR1913-BAS Age: 83 Del Mar
Filing a False Tax Return, in violation of Title 26, USC 7206(1)
Maximum Penalty: Three years in prison
Stuart Weinstock, Case Number 21CR0042-BAS Age: 64 Escondido, CA
Filing False Tax Return, in violation of Title 26, U.S.C. §7206(1)
Maximum Penalty: Three years in prison
Jason Ellis, Case Number 21CR2200-BAS Age: 42 Poway, CA
Filing False Tax Return, in violation of Title 26, U.S.C. §7206(1)
Maximum Penalty: Three years in prison
Yehuda Hadjadj, Case Number 22CR148-BAS Age: 47 La Jolla, CA
Conspiracy to Commit Wire Fraud, in violation of Title 18, USC 371
Maximum Penalty: Five years in prison
Rotem Cooper, Case Number 20CR3968-BAS Age: 54 San Diego
Deferred Prosecution Agreement
Conspiracy to Commit Wire Fraud, in violation of Title 18, USC 371
Igor Shtilkind, Case Number 20CR3955-BAS Age: 55 San Diego
Deferred Prosecution Agreement
Conspiracy to Commit Wire Fraud, in violation of Title 18, USC 371
INVESTIGATING AGENCIES
Federal Bureau of Investigation
Internal Revenue Service
Brookings Man Charged with Production of Child PornographyRead the Press Release
United States Attorney Dennis R. Holmes announced that a Brookings, South Dakota, man has been indicted by a federal grand jury for two counts of Production of Child Pornography.
Keenan Chidaushe, age 25, was indicted on March 1, 2022. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 11, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 30 years in federal prison and/or a $250,000 fine, life of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 8, 2021 and November 19, 2021, and on December 19, 2021, Chidaushe knowingly employed, used, persuaded, induced, enticed, and coerced two juvenile females to engage in sexually explicit conduct for the purpose of producing visual depictions, knowing and having reason to know that such visual depictions would be transported in interstate and foreign commerce, or mailed, and such visual depictions would be produced using materials that had been mailed, shipped, and transported in interstate and foreign commerce, including by computer.
The charges are merely accusations and Chidaushe is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations and the Brooking Police Department. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Chidaushe was remanded to state custody pending trial, which has not been set.
Albuquerque man appears in court accused of a series of bank robberiesRead the Press Release
ALBUQUERQUE, N.M. – Evan Lemmon, 28, of Albuquerque, appeared in federal court today for a detention hearing, charged with nine counts of bank robbery. Lemmon will remain in custody pending trial, which has not been scheduled.
According to a criminal complaint, from Sept. 28, 2021, to March 7, 2022, Lemmon allegedly committed nine bank robberies in Albuquerque following a similar pattern. Each time, Lemmon allegedly entered the banks wearing a cap, face covering, and a glove on his right hand and passed a similar note to a teller. After the tellers complied, Lemmon allegedly fled on foot to a car parked nearby and left the scene.
On March 7, the day of the ninth robbery, law enforcement executed a search warrant at Lemmon’s residence. Investigators allegedly recovered cash consistent with the ninth robbery as well as clothing allegedly resembling what was worn in several of the robberies.
“If you rob a bank, expect the FBI and our partners to do everything we can to bring you to justice,” said Special Agent in Charge of the FBI Albuquerque Field Office Raul Bujanda. “Rob a lot of banks, and our determination to find you becomes that much stronger. We worked closely with the Albuquerque Police Department to end this crime spree before someone got hurt. The FBI's time-tested strategy for solving bank robberies still fits like a glove: teams of our special agents and intelligence analysts combing through every lead, working alongside local law enforcement counterparts, focused on the capture and successful prosecution of the offender.”
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Lemmon faces up to 20 years in prison.
The FBI’s Albuquerque Violent Crime and Gang Task Force and the Albuquerque Police Department’s Investigate Support Unit (ISU) investigated this case. Assistant United States Attorney Jaymie L. Roybal is prosecuting the case.
Alabama Resident Indicted for Possessing with Intent to Distribute MethamphetamineRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that QUINCY WHITE, age 41, and a resident of Mobile, Alabama, was charged on March 11, 2022 in a one count indictment by a federal grand jury with possession with intent to distribute 50 grams or more of methamphetamine, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
According to the indictment, on October 24, 2020, WHITE possessed with intent to distribute 50 grams or more of methamphetamine. If convicted of Count One, WHITE faces a mandatory minimum sentence of 10 years and up to life imprisonment, a fine of up to $10,000,000, at least five years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by the Drug Enforcement Administration, the St. Charles Parish Sheriff's Office, and the St. John Parish Sheriff's Office. The prosecution is being handled by Assistant United States Attorney David Howard Sinkman.
Akron Man Sentenced to 20 Years in Prison for Role in Multi-State Drug ConspiracyRead the Press Release
HUNTINGTON, W.Va. – An Akron, Ohio man who helped lead a multi-state drug conspiracy was sentenced today to 20 years in federal prison.
According to court documents, George Devonte Langford, 29, admitted that he participated in the conspiracy between April and September 2019. Langford admitted that he frequently acquired methamphetamine, heroin, and fentanyl in the Akron area which he and others transported to the Southern District of West Virginia. Langford then distributed the drugs to various customers in multiple locations including Scott Depot, Charleston and Sissonville. Langford also admitted that customers traveled to locations in Ohio on multiple occasions, including Akron and Canton, where he met with them to provide them with methamphetamine, heroin, and fentanyl. Langford was aware that these customers traveled from, and intended to return to, West Virginia with the drugs where they would be re-distributed. Langford previously pleaded guilty to conspiracy to distribute 50 grams or more of methamphetamine, 100 grams or more of heroin, and 40 grams or more of fentanyl.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Violent Crime and Drug Task Force West, the Metropolitan Drug Enforcement Network Team (MDENT), the West Virginia State Police, the Drug Enforcement Administration (DEA) Task Force, the Beckley/Raleigh County Drug and Violent Crime Unit, the United States Marshals Service, the Cabell County Sheriff’s Department, the Charleston Police Department, the Putnam County Sheriff’s Department, the Ohio State Highway Patrol, the Akron, Ohio Police Department, and the Brecksville, Ohio Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Joseph F. Adams and Stephanie S. Taylor handled the prosecution.
This prosecution was part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-000246.
###
Sunday 13 March 2022
Arvada Woman Who Fired on Sheriff's Deputies after Robberies Sentenced to Federal PrisonRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Kitira Hays, age 21, of Arvada, was sentenced to 14.75 years in federal prison for her role in armed robberies of Lakewood and Westminster stores.
According to the plea agreement, on November 14, 2020, Hays drove two co-defendants to a Foot Locker in Lakewood and to a DSW located in Westminster so her co-defendants could rob the stores. At both locations, one co-defendant brandished a firearm as the other robbed the stores of clothing and shoes. Hays served as a getaway driver.
Later that same day, an Adams County Sheriff’s Deputy attempted to stop the car, but the co-defendant and Hays drove away at a high rate of speed. The deputy maintained pursuit and was joined by other deputies. When the deputies deployed stop sticks to stop the car, Hays, then riding in the passenger seat, used a silver revolver to shoot out the window of the vehicle at pursuing deputies, as the co-defendant drove around the stop sticks. Hays continued shooting at law enforcement as the co-defendant drove and ultimately crashed the vehicle in the trailer park where Hays lived. Hays continued to shoot at law enforcement before fleeing on foot
“Violent gun crime is a serious problem that threatens all of us,” said United States Attorney Cole Finegan. “Choosing to use a gun to commit a crime – and especially shooting at law enforcement – will send you to federal prison for a long time.”
“These armed and violent criminals jeopardized the safety of our communities and law enforcement partners,” said ATF Denver Field Division Special Agent in Charge David S. Booth. “These are exactly the sort of crimes we seek to identify, disrupt and upon which we focus all of our investigational efforts.”
United States District Court Senior Judge R. Brooke Jackson sentenced the Defendant on February 28, 2022. Judge Jackson denied the Defendant’s request to lessen the sentence, noting that anyone who attempts to shoot, injure, or kill a law enforcement officer would not receive a lesser sentence.
The ATF, together with the Adams County Sheriff’s Department, conducted the investigation. Assistant United States Attorneys Celeste Rangel and Melissa Hindman handled the prosecution of the case.
Case Number 21-cr-0024
Saturday 12 March 2022
Fugitive Arrested on Charges Related to 2019 Robbery of Brinks TruckRead the Press Release
DENVER - The U.S. Attorney’s Office for the District of Colorado announces that Justin White was arrested in New Mexico this week on charges related to the robbery of a Brinks Truck in 2019. Earlier this year, a federal Grand Jury in Denver issued a superseding indictment charging White, along with Jamarius Jones, David Taylor, and Jimmy Garrison for robbery affecting commerce and use of a firearm in furtherance of a crime of violence related to a robbery of a Brinks Truck on October 30, 2019. All of the indicted defendants have now been arrested. Taylor and Garrison are detained and currently set for trial.
Jamarius Jones pled guilty on February 18, 2022, before United States District Court Chief Judge Philip A. Brimmer to one count of robbery affecting commerce. Jones is detained and scheduled to be sentenced on May 27, 2022.
The FBI Rocky Mountain Safe Streets Task Force conducted the investigation. Assistant United States Attorney Brian Dunn is handling handled the prosecution of the case.
Charges in an indictment are allegations. The Defendants are presumed innocent unless and until proven guilty.
Case number 21-cr-00014
Friday 11 March 2022
Woodbury County Man Sentenced to over 19 years for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine while he illegally possessed a gun was sentenced March 10, 2022, in federal court in Sioux City.
Matthew Sandoval, 28, from Sioux City, Iowa, received the prison term after an October 28, 2021, guilty plea of conspiracy to distribute methamphetamine. Sandoval had prior convictions for assault, possessing controlled substances, and three convictions of evading law enforcement which involved high-speed pursuits.
Evidence at the hearings showed that between 2016 and continuing to June 2021, Sandoval and others conspired to distribute at least 40 pounds of methamphetamine in the Siouxland area while he possessed a firearm. The conspiracy involved, in part, several shipments of methamphetamine utilizing the United States Postal Service.
“The U.S. Postal Inspection Service works diligently to preserve the integrity of the US Mail said Ruth M. Mendonça, Inspector in Charge of the Denver Division of the United States Postal Inspection Service, which includes Iowa. People who use the mail to distribute dangerous drugs cause great harm to our communities, and they also place USPS employees at risk of exposure to dangerous controlled substances as well as violence associated with drug trafficking. This conviction reflects successful teamwork among federal, state and local law enforcement. We want the public to know that Postal Inspectors will aggressively pursue anyone who attempts to use the Postal Service for criminal activity. We will not allow the U.S. Mail to be used to commit crimes, and we aim to keep illegal drugs out of the mail for the safety of our employees and customers."
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Sandoval was sentenced to 234 months’ imprisonment and must serve a five-year term of supervised release following imprisonment. There is no parole in the federal system. Sandoval remains in custody of the United States Marshal until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office, and by the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4059. Follow us on Twitter @USAO_NDIA.
Woodbridge Money Launderer Sentenced for his Role in a Romance Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A Woodbridge man was sentenced today to 21 months in prison for engaging in financial transactions with illegal proceeds as part of a romance fraud scheme against mostly elderly victims.
According to court documents, beginning in February 2016, Abdul Rasak Garuba, 41, received large wire transfers from a number of senior citizens living throughout the United States who were duped into believing that they were sending money at the request of and for the benefit of romantic partners they met through online dating sites. In fact, the victims had been directed to send money to Garuba by individuals in Nigeria who were operating a “romance fraud” scheme.
To receive the funds, Garuba opened a number of bank accounts at local bank branches in Virginia. A victim of the scheme called his bank to report that the money he wired to Garuba was induced through fraud. In the ensuing investigation, Garuba lied and told his bank that he was engaged in business with the victims, had purchased cars for them, and had the paperwork to prove it. Garuba’s bank closed his account for fraud when he failed to produce any records. However, he continued to perpetrate the fraud scheme by accepting shipments of cash and wire transfers from victims.
In total, Garuba transferred approximately 15% of the nearly $2.9 million that the fraudsters obtained from the victims. During this period, Garuba was aware that much of this money was obtained through fraudulent means and that he was furthering the fraud. Garuba used the illegal proceeds to purchase vehicles at auction in the United States and then shipped the vehicles to Nigeria for the benefit of the leaders of the “romance fraud” scheme.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, made the announcement after sentencing by U.S. District Judge T.S. Ellis, III.
Assistant U.S. Attorneys Carina A. Cuellar and Kimberly Riley Pedersen prosecuted the case.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. It is a term used to describe five subtypes of elder abuse: physical abuse, financial fraud, scams and exploitation, caregiver neglect and abandonment, psychological abuse, and sexual abuse. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10 percent of older Americans every year. Together with our federal, state, local and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. This holistic and robust response demonstrates the Department’s unwavering dedication to fighting for justice for older Americans.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-201.
Winnsboro Man Sentenced for Production of Child PornographyRead the Press Release
MONROE, La. - United States Attorney Brandon B. Brown announced that Fazon Davis, 25, of Winnsboro, Louisiana, has been sentenced by United States District Judge Terry A. Doughty to 240 months (20 years) in prison, followed by 5 years of supervised release for production of child pornography.
Davis was indicted by a federal grand jury and pleaded guilty to the production of child pornography on November 22, 2021. According to information presented in court at the hearing, on March 25, 2019, a 16-year-old female went to a medical center in New Orleans, Louisiana and alleged that she had been sexually assaulted and trafficked by an individual in New Orleans. Staff at the medical center reported the allegations to the Louisiana State Police and they began an investigation. During their investigation, law enforcement agents examined the victim’s Facebook account and content and found sexually explicit messages and communications between the victim and Davis on the account. Agents obtained a search warrant for Davis’s Facebook account and discovered sexually explicit communications and content between Davis and the victim.
Davis was interviewed by agents on May 24, 2020, and he acknowledged that he and the victim had exchanged messages and content but denied having sex with the victim. However, agents obtained a search warrant for his cell phone and discovered multiple videos of Davis and the victim having sex. Through technology available to law enforcement, they learned that the videos were produced on March 16, 2019, at a residential area in Monroe, Louisiana.
This case was investigated by the FBI, Louisiana State Police and Franklin Parish Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney Earl M. Campbell.
# # #
Winnebago Man Sentenced to 25 Years for ManslaughterRead the Press Release
United States Attorney Jan Sharp announced that Jonathan D. Rooney, age 27, of Winnebago, Nebraska, was sentenced today in federal court in Omaha for the killing and burning of Kozee Decorah. Chief United States District Court Judge Robert F. Rossiter, Jr sentenced Rooney to 25 years’ imprisonment: 120 months for manslaughter and 180 months for destruction of evidence. The sentences will run consecutively. After his release from prison, Rooney will begin a three-year term of supervised release. There is no parole in the federal system.
A federal jury found Rooney guilty of manslaughter and destruction of evidence in December 2021. Rooney killed Decorah, 22, and then burned her body and other evidence at an abandoned cabin on the Winnebago Indian Reservation.
On May 16, 2020, Decorah called the Winnebago Police Department to report that the vehicle that she, Rooney, and their infant son were using was stuck in the mud in a remote area of the Winnebago Reservation. When Winnebago Conservation Officers located the vehicle, they were unable to locate Decorah, Rooney, or their baby. The officers noticed a fire near midnight in an outhouse of a remote cabin. Rooney was found in the cabin naked in a bed with his clothes missing. The baby was with him. Blood droplets were observed in the cabin. Human remains in the form of a skull were found in the fire. Decorah was identified through dental records.
While pronouncing Rooney’s sentence, Chief Judge Rossiter noted this case involved the “tragic death of a young woman and young mother.” Chief Judge Rossiter called Rooney’s actions “unforgivable” and noted that Rooney tried to “erase your [Rooney’s] deeds by incineration without care or remorse.”
This case was investigated by the Federal Bureau of Investigation, the Winnebago Police Department, the Winnebago Conservation Office, Winnebago Volunteer Firefighters, and the Nebraska State Fire Marshal.
Violent Felon Sentenced to Federal Prison for Possession of RifleRead the Press Release
Paducah, Kentucky – A Paducah man was sentenced today to 77 months in prison for possessing a rifle after having been previously convicted of a felony.
According to court documents, Denzel Powell, 29, of Paducah, Kentucky possessed a Ruger, Model AR-556 rifle in March of 2021. When Powell was arrested on this charge in June of 2021 in Mayfield, Kentucky, he was in possession of three additional firearms, to include an AR-15 style short-barreled rifle described as a “ghost gun” with no markings, and a Glock pistol stolen from Paducah. Powell was convicted in 2017 for Second-Degree Manslaughter, in relation to a 2016 shooting at the “Brick House” in Paducah.
“This case serves as an example of the collaboration which takes place on an ongoing basis between Louisville Division ATF agents and local law enforcement agencies throughout the Western District,” stated Michael A. Bennett U.S. Attorney for the Western District of Kentucky. “We will continue to aggressively prosecute violations of federal firearms laws in order to make our communities safer for all citizens.”
“Reducing violent crime and protecting our communities is our priority,” said ATF Special Agent in Charge Shawn Morrow of the Louisville Division. “ATF will continue to work closely with our law enforcement partners to make sure those individuals who commit firearms crimes are arrested and prosecuted to the fullest extent of the law.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Paducah Police Department investigated the case, with assistance from the Mayfield Police Department and the Graves County Sheriff’s Department.
Assistant U.S. Attorney Seth Hancock prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
###
United States Attorney’s Office Resolves Lawsuit Against BayPort Credit Union for Violations of the Servicemembers Civil Relief ActRead the Press Release
ALEXANDRIA, Va. – BayPort Credit Union (“BayPort”), located in Newport News, has agreed to pay nearly $110,000 to settle allegations that it violated the Servicemembers Civil Relief Act (SCRA) by charging excessive interest on servicemembers’ loans and other credit products and repossessing servicemembers’ vehicles without court orders.
The SCRA requires creditors to reduce the interest rate on servicemembers’ financial obligations, including retail installment sales contracts, to 6% in certain circumstances. The SCRA also prohibits repossessing a motor vehicle from a servicemember during military service without a court order, as long as the servicemember made a deposit or installment payment on the loan before entering military service.
The settlement, which must be approved by the U.S. District Court for the Eastern District of Virginia, resolves a lawsuit filed today by the Department of Justice. The lawsuit alleges that BayPort unlawfully charged interest in excess of 6% to 21 servicemembers who qualified for and sought SCRA interest rate benefits. In at least one instance, BayPort told a servicemember that reducing the interest rate would increase her monthly payment. The lawsuit also alleges that BayPort unlawfully repossessed three servicemembers’ motor vehicles without court orders. In at least one of those cases, BayPort knew about the borrower’s military service and repossessed the vehicle from a military base.
Under the terms of today’s settlement, BayPort must pay nearly $70,000 to the affected servicemembers. Additionally, BayPort must pay $40,000 to the United States as a civil penalty. The agreement also requires BayPort to revise its policies and procedures to prevent future SCRA violations and provide SCRA training to its employees.
“Entering military service can create financial hardships for our servicemembers who make incredible sacrifices for our nation’s security,” said Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia. “This consent order helps ensure that these men and women are not disadvantaged by their military service and that servicemembers’ rights are protected going forward.”
“This case is just the latest example of the Justice Department’s steadfast commitment to safeguarding the rights of servicemembers, who make so many sacrifices in defending our country,” said Assistant Attorney General Kristen Clarke of the Department’s Civil Rights Division. “We will continue to vigorously enforce the protections to which servicemembers are entitled under federal law, including their right to a 6% interest rate cap on loans and a right not to have their car repossessed without a court order.”
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney's Office for the Eastern District of Virginia and the United States Department of Justice Civil Rights Division’s Housing and Civil Enforcement Section. The matter was investigated by Assistant U.S. Attorney Deirdre G. Brou and Trial Attorney Alan Martinson. The civil claims settled by this SCRA agreement are allegations only; there has been no determination of civil liability.
Servicemembers and their dependents who believe their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations can be found at http://legalassistance.law.af.mil/.
The Justice Department’s enforcement of the SCRA is conducted by the Civil Rights Division’s Housing and Civil Enforcement Section and U.S. Attorney’s Offices throughout the country. Since 2011, the department has obtained over $476 million in monetary relief for over 121,000 servicemembers through its enforcement of the SCRA. Additional information on the department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
U.S. Navy Reserves Officer Appeared on Charges of Alleged Bribery and Visa FraudRead the Press Release
A Florida man who serves as a Commander in the U.S. Navy Reserves appeared today on criminal charges related to an alleged bribery scheme involving special visas for Afghan nationals.
According to court documents, Jeromy Pittmann, 53, of Pensacola, Florida, currently residing in Naples, Italy, was paid to draft, submit, or falsely verify false letters of recommendation for citizens of Afghanistan who applied to the U.S. Department of State for Special Immigrant Visas (SIVs). There is a limited supply of SIVs each year for Afghan nationals employed as translators for U.S. military personnel. Pittmann is alleged to have signed over 20 false letters in which he represented, among other things, that he had supervised the applicants while they worked as translators in support of the U.S. Army and NATO; that the applicants’ lives were in jeopardy because the Taliban considered them to be traitors; and that he did not think the applicants posed a threat to the national security of the United States. In exchange, Pittmann is alleged to have received thousands of dollars in bribes.
Pittmann made his initial appearance today. He is charged with accepting bribes and conspiring to commit visa fraud. If convicted of both counts, he faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney John J. Farley for the District of New Hampshire; Inspector General John F. Sopko of the Special Inspector General for Afghanistan Reconstruction (SIGAR); Special Agent in Charge Eric Maddox of the Economic Crimes Field Office of the Naval Criminal Investigative Service (NCIS); and Special Agent in Charge Stanley A. Newell of the Transnational Operations Field Office of the Defense Criminal Investigative Service (DCIS) made the announcement.
SIGAR, NCIS, and DCIS are investigating the case.
Trial Attorney Matt Kahn of the Justice Department’s Fraud Section and Assistant U.S. Attorney Anna Dronzek for the District of New Hampshire are prosecuting the case.
A criminal complaint is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Two Harford County Cocaine Dealers Convicted After Federal Trial for Their Participation in a Drug Distribution ConspiracyRead the Press Release
Baltimore, Maryland – A federal jury convicted Che Jaron Durbin, age 43, of Aberdeen, Maryland and Terrell Darnell Walton, age 36, of Delaware, yesterday on federal charges related to their participation in a drug trafficking organization distributing cocaine and crack cocaine in Harford County, Maryland. Specifically, the jury convicted Durbin and Walton for conspiracy to distribute and possess with intent to distribute cocaine and crack cocaine. The jury also found Durbin guilty of two counts of possession with intent to distribute cocaine.
The guilty verdict was announced by United States Attorney for the District of Maryland Erek L. Barron; Harford County State’s Attorney Albert J. Peisinger, Jr.; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration; Sheriff Jeffrey Gahler of the Harford County Sheriff’s Office; and the Harford County Drug Task Force, a High Intensity Drug Trafficking Areas (HIDTA) program, comprised of members of the Harford County Sheriff's Office, the Aberdeen Police Department, the Bel Air Police Department, and the Havre de Grace Police Department.
According to evidence presented at the eight-day trial, in May 2019, members of the Harford County Drug Task Force were investigating Durbin, who was suspected of drug trafficking in the Harford County area. Durbin testified at trial that he had a previous federal drug trafficking conviction in Maryland, as well as a previous conviction in Harford County Circuit Court for drug trafficking.
Witnesses testified that on May 17, 2019, a U.S. Postal Inspector notified detectives that a suspicious package was en route to Durbin’s mother’s apartment in Aberdeen, Maryland. Detectives watched as a U.S. Postal Service mail carrier delivered the parcel to Durbin, who took it into the apartment. A short time later, a woman, later identified as co-defendant Jameka Cara Thompson, left the apartment with the parcel and drove to her home. Law enforcement detained Thompson and obtained a search warrant for her vehicle. The parcel was found to contain one kilogram of compressed cocaine. Further investigation revealed that co-defendant Jack Anderson from Tucson, Arizona was the sender of the package.
On January 22, 2020, law enforcement learned from U.S. Postal Inspectors that Durbin sent a parcel from Havre de Grace, Maryland, addressed to Anderson in Tucson, Arizona. A search warrant was obtained for the parcel after a K9 gave a positive alert. The parcel contained $82,300 in cash inside a wireless headphones box.
In February 2020, as part of the investigation, law enforcement intercepted Durbin’s communications, as well as those of Anderson, Walton, and other co-defendants to whom Durbin supplied cocaine and crack. The evidence at trial also showed that Walton obtained cocaine from Durbin, which Walton then sold to a network of individuals in Harford County. Intercepted communications between Durbin and Walton included discussions regarding the amounts of drugs and the price, often using coded language.
According to trial testimony, in May 2020, law enforcement surveilled Durbin meeting with Anderson at a Tucson, Arizona hotel. Soon after the meeting, Durbin picked Thompson up at the Tucson Airport and drove her back to his hotel room. Durbin flew back to Maryland the next day and Thompson ultimately obtained a bulk supply of cocaine from Anderson on Durbin’s behalf. Thompson drove cross-country from Arizona to Harford County, where she was arrested on May 12, 2020. Law enforcement searched her vehicle, seizing an additional 1.4 kilograms of cocaine. Durbin was also arrested. According to trial testimony, over the course of the conspiracy Thompson made at least eight similar trips on Durbin’s behalf, transporting almost 40 kilograms of cocaine to Maryland for Durbin to distribute.
Durbin and Walton each face a maximum sentence of 40 years in federal prison for conspiracy to distribute and possess with intent to distribute cocaine and crack cocaine. Durbin also faces a maximum of 40 years in federal prison for each of two counts of possession with intent to distribute cocaine. U.S. District Judge George L. Russell, III has not scheduled sentencing dates for Durbin or Walton.
Co-defendant Jack Anderson IV, age 45, of Tucson, Arizona, was sentenced to 126 months in federal prison in December 2021, after Anderson entered a guilty plea to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. Co-defendants Jameka Cara Thompson, age 41, of Abingdon, Maryland; Garrick Devlon Jackson, age 39, of Havre de Grace, Maryland; and Michael Ronnell Wells, age 37, of Forest Hill, Maryland, previously pleaded guilty to their participation in the conspiracy and are awaiting sentencing.
United States Attorney Erek L. Barron commended the Harford County State’s Attorney’s Office, the DEA, the Harford County Sheriff’s Office, and the Harford County Drug Task Force for their work in the investigation and thanked the U.S. Postal Inspection Service for its assistance. Mr. Barron thanked Special Assistant U.S. Attorneys Christopher J. Romano and Jason X. Hamilton, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
# # #
Tigard Man Indicted for Sex Trafficking and Laundering Proceeds Through Bottled Water CompanyRead the Press Release
PORTLAND, Ore.—A Tigard, Oregon man is facing federal charges for sex trafficking by force and laundering proceeds through Necci Hydrate, a bottled water company based in Portland.
Johnell Lee Cleveland, 40, has been charged with sex trafficking by force, fraud, and coercion; money laundering; and illegally possessing a firearm as a convicted felon.
This is the second time in five months Cleveland has been indicted in federal court. In November 2021, he was indicted for perpetrating insurance and Covid-relief fraud schemes while on federal supervised release.
According to the indictment, beginning in August 2020 and continuing until his arrest in November 2021, Cleveland used force and coercion to cause an adult victim to engage in commercial sex acts. Cleveland used funds generated by the sex trafficking to pay business expenses for Necci Hydrate, including costs for bottling and manufacturing, rental of a corporate office in Portland, merchandising, and a monthly retainer with a modeling agency. These payments were made to conceal and disguise the nature of his sex trafficking proceeds.
If convicted, Cleveland faces a maximum sentence of life in federal prison.
U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the FBI, IRS Criminal Investigation, and the Portland Police Bureau Human Trafficking Unit. Assistant U.S. Attorney Peter D. Sax is prosecuting the case.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
If you or someone you know is in danger, please call 911. If you are a human trafficking victim or have information about a potential human trafficking situation, please call the National Human Trafficking Resource Center at 1-888-373-7888 or by texting 233733. Calls and texts are answered 24 hours a day, seven days a week.
Human trafficking is a serious federal crime where individuals are compelled by force, fraud, or coercion to engage in commercial sex, labor, or domestic servitude against their will. Traffickers exploit and endanger some of the most vulnerable members of our society and cause unimaginable harm. In January 2022, Attorney General Merrick B. Garland launched a new national strategy to combat human trafficking that aims to prevent all forms of trafficking, prosecute trafficking cases, and support trafficking victims and survivors.
Three Men Arrested on Federal Gun and Drug Charges as a Part of DOJ Violent Crime Prevention InitiativeRead the Press Release
Montgomery, Alabama – Today, the U.S. Attorney’s Office for the Middle District of Alabama, the Montgomery Police Department, the Montgomery County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Administration (DEA), announce that three individuals were arrested following federal indictments on gun and drug charges as part of an initiative to combat violent crime.
Jeremy Rishard Jackson, 28, from Montgomery, was indicted for being a felon in possession of a firearm, possession with intent to distribute marijuana, and possession of a firearm in furtherance of a drug trafficking crime. Mahorace Laguaria Jackson, 39, from Montgomery, was indicted for being a felon in possession of a firearm, two counts of possession with intent to distribute cocaine, and possession of a firearm in furtherance of a drug trafficking crime. Thomas Jamel Youngblood, 39, from Coosada, was indicted for being a felon in possession of a firearm. Jeremy Jackson and Thomas Youngblood were arrested yesterday. Mahorace Jackson’s arrest occurred today.
An indictment is merely an allegation that a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Youngblood made an initial appearance in federal court yesterday. Jeremy and Mahorace Jackson are set to make their initial appearances in court today. All three will remain in United States Marshals’ custody pending a detention hearing that will take place early next week.
If convicted, Jeremy and Mahorace Jackson are facing sentences of five years to life in prison. Thomas Youngblood is facing a maximum sentence of ten years. There is no parole in the federal system.
These cases are being prosecuted pursuant to the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) initiative, a program in which U.S. Attorneys’ offices work in partnership with federal, state, local, and tribal law enforcement to develop effective, locally based strategies to reduce violent crime and make neighborhoods safer for everyone. The Department of Justice reinvigorated PSN as part of its renewed focus on targeting armed violent criminals and gang members.
United States Attorney Sandra J. Stewart would like to thank the Montgomery Police Department, the Montgomery County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Drug Enforcement Administration (DEA) for investigating these cases, with assistance from the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force and the Alabama Bureau of Pardons and Paroles. Assistant U.S. Attorneys Justin Jones, Joshua Wendell, and B. Chelsea Phillips are prosecuting the cases.
Tennessee Woman Pleads Guilty to Wire Fraud for Receiving Deceased Mother's Retirement BenefitsRead the Press Release
KNOXVILLE, Tenn. – Leslie Schwinzer, 46, of Knoxville, pleaded guilty to a one count Information of wire fraud in violation of 18 U.S.C. § 1343 in the United States District Court at Knoxville. Sentencing is set for July 14, 2022, at 11:00 a.m., before the Honorable Thomas A. Varlan, in United States District Court for the Eastern District of Tennessee at Knoxville.
Schwinzer faces a term of imprisonment of up to 20 years in prison and will be ordered to pay $56,351.55 in restitution to New York State and Local Retirement System (NYSLRS).
As part of the written plea agreement filed with the court on January 31, 2022, Schwinzer waived an indictment by a Federal Grand Jury and agreed to plead guilty to the aforementioned charge. Schwinzer admitted that she failed to notify the Social Security Administration (SSA) and the New York State Comptroller’s Office, NYSLRS from which Schwinzer’s mother received a pension benefit, that Schwinzer’s mother had passed away on July 3, 2018. Instead, Schwinzer continued to receive both monthly NYSLRS payments and bi-weekly Social Security payments into a joint bank account held with her mother after her mother’s death.
The plea agreement detailed that, in total, SSA and NYSLRS deposited $92,222.55 into the joint account after Schwinzer’s mother’s death. Schwinzer withdrew all the deposited funds from the account until she was questioned by the bank on December 19, 2019, about whether her mother had passed away. However, Schwinzer continued to allow SSA and NYSLRS payments to be made into the account until January 31, 2021. Schwinzer acknowledged that she was not lawfully permitted to retain the funds from SSA and NYSLRS. SSA was able to recover the funds that it had paid to the joint account following Schwinzer’s mother’s death. Schwinzer has agreed to pay $56,351.55 to NYSLRS.
This prosecution is the result of a joint investigation by the Social Security Administration Inspector General Office and the New York Comptroller’s Office.
Assistant United States Attorney Frank M. Dale Jr. represented the United States.
###
St. Louis man sentenced to 10 years in prison for enticement of a minorRead the Press Release
ST. LOUIS – Jason Draggs, Jr., 24, of St. Louis, Missouri appeared before United States District Court Judge Sarah E. Pitlyk on today’s date and was sentenced to 10 years in prison for the coercion and enticement of a minor. Draggs previously pleaded guilty in November.
According to the plea agreement, Between the dates of April 1, 2020, and May 9, 2020, Draggs communicated with three teenaged females using internet-based communication including social media applications such as Snapchat. During these communications, Draggs requested, persuaded, induced and enticed the minors to send him nude images and engage in sexual contact with him. Draggs knowing one victim was a minor, engaged in multiple sexual acts with her. Multiple videos were produced of this sexual contact and were exchanged and stored via the internet-based social media application Snapchat.
The case was investigated by the St. Louis County Police Department and the Federal Bureau of Investigation.
Springfield, Illinois man Sentenced to 84 Months in Prison for Possession of a Firearm by a Prohibited PersonRead the Press Release
SPRINGFIELD, Ill. – A Springfield, Illinois man, Isaah Washington, 33, of the 900 block of South 17th Street in Springfield, Illinois, has been sentenced to 63 months for possession of a firearm by a prohibited person. Washington received an additional 21-month sentence, to be served consecutively, for violating the terms of his supervised release. He was on supervised release for a prior federal firearms offense.
At the sentencing hearing, the evidence showed Washington attempted to flee on foot from a Springfield Police Officer during a traffic stop while carrying a stolen firearm loaded with an extended magazine containing 19 rounds of ammunition. At the time of the traffic stop, Washington was on supervised release after serving a prior federal prison sentence for possessing a firearm by a prohibited person.
Washington was indicted in February of 2021 and pleaded guilty in October of 2021.
The statutory penalties for possession of a firearm by a prohibited person are not more than 10 years of imprisonment, not more than a $250,000 fine, not more than 3 years of supervised release, and a $100 mandatory special assessment.
The Department of Justice’s recent renewed commitment to Project Safe Neighborhoods establishes four fundamental principles to guide efforts to reduce violent crime: (1) build trust and legitimacy within communities; (2) invest in community-based prevention and intervention programs; (3) target enforcement and priorities to focus resources on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime; and (4) measure results with the goal of reducing the level of violence in our communities, not increasing the number of arrests and prosecutions as if they were ends in and of themselves.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Springfield Police Department investigated the case. Assistant U.S. Attorney Matthew Z. Weir represented the government in the prosecution.
Springfield, Illinois Man Convicted of Two Counts of Receiving and One Count of Possessing Child PornographyRead the Press Release
SPRINGFIELD, Ill. – Donald Dorosheff, 75, of the 400 block of North 4th Street in Springfield, Illinois, was convicted of receiving and possessing child pornography on March 10, 2022, following a two-day trial in front of U.S. District Judge Sue E. Meyerscough. Dorosheff’s sentencing has been scheduled for July 15, 2022, at the U.S. Courthouse in Springfield.
Over the two days of testimony, the government presented evidence to establish that from May 2013 to March 3, 2016, Dorosheff repeatedly accessed and downloaded child pornography to his laptop computer from the Internet. On March 3, 2016, the Federal Bureau of Investigation (FBI) executed a search warrant at Dorosheff’s apartment in the Sangamon Towers in Springfield and seized his computer, an external hard drive, and various flash drives. During a subsequent forensic analysis of the computer evidence, the FBI determined that Dorosheff received and possessed more than 2,000 child pornography images and 28 child pornography videos, most of which involved prepubescent minors engaged in sexually explicit conduct.
Dorosheff was ordered detained pending sentencing. At sentencing, Dorosheff faces statutory penalties for the receipt offenses of a minimum of five to twenty years of imprisonment, a minimum of five years and up to a life term of supervised release, and up to a $250,000 fine; and up to 20 years of imprisonment, a minimum of five years and up to a life term of supervised release, and a $250,000 fine for the possession offense.
The case investigation was conducted by the FBI. Assistant U.S. Attorney Timothy A. Bass and Assistant U. S. Attorney Sierra Senor-Moore represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Sampson County Methamphetamine Dealer Sentenced to 13+ Years for 8-Year Long Conspiracy to Distribute DrugsRead the Press Release
WILMINGTON, N.C. – A Clinton man was sentenced today to 165 months in prison and five years of supervised release for a conspiracy to distribute methamphetamine, cocaine, and marijuana that began in 2012 and extended into 2019. On December 7, 2020, Edward Neil Corbett pled guilty to the charges.
According to court documents and other information presented in court, Corbett, 42, was responsible for distributing over 2,000 grams of methamphetamine, over 3,500 grams of cocaine, and 34 kilograms of marijuana. The investigation revealed that Corbett provided drugs to several violent gang members in Sampson County. Corbett was also held accountable for possessing dangerous weapons during his drug trafficking and maintaining a house in Clinton to distribute his drugs.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Sampson County Sheriff’s Office, Clinton Police Department, and ATF investigated the case and Special Assistant U.S. Attorney Tyler Lemons prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:21-CR-17-M.
Pittsfield Man Sentenced to 11 Years in Prison in Multi-Drug Trafficking ConspiracyRead the Press Release
BOSTON – A Pittsfield man was sentenced yesterday in federal court in Boston for his role in a drug trafficking conspiracy that distributed multiple drugs in the Brockton area.
Edward Chapman, 54, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 11 years in prison and eight years of supervised release. In March 2020, Chapman pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute 100 grams or more of heroin, 400 grams or more of fentanyl, cocaine, cocaine base, oxycodone, and marijuana.
In 2018, law enforcement began investigating members of a violent drug trafficking organization (DTO) in Brockton. The investigation identified Chapman, a Pittsfield area drug trafficker with three prior state court convictions for drug distribution offenses, as a heroin and cocaine dealer who was being supplied by co-conspirator and fellow DTO member Jose Perez Felix. Intercepted calls revealed that Chapman regularly picked up heroin and cocaine from Perez Felix.
In June 2019, a federal grand jury sitting in Boston, returned a 16-count indictment, charging Chapman and 16 others with controlled substance and firearm offenses. Chapman is the 11th defendant to be sentenced in the case. All remaining defendants have pleaded guilty and are 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 United States Attorney’s Office for the District of Massachusetts; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police, made the announcement. Assistant U.S. Attorneys Christopher Pohl and Alathea Porter of the Narcotics & Money Laundering Unit prosecuted the case.
Pennsylvania Man Pleads Guilty to Clean Air Act ViolationRead the Press Release
The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania announced that Ty Allen Barnett, of Dover, Pennsylvania, entered a plea of guilty to the improper handling and removing of regulated asbestos containing material as required by federal law.
A ten-count indictment filed in January 2020, charged Lobar Inc., First Capital Insulation, Inc., Francis Richard Yingling Jr., Dennis Lee Charles Jr., M&J Excavation Inc., John August Sidari Jr., and Ty Allen Barnett, with various violations of the federal Clean Air Act arising from disturbing and removing asbestos in violation of the National Emission Standards for Hazardous Air Pollutants regulations. Lobar Inc. pleaded guilty on Feb. 9. The remaining defendants have pleaded not guilty and are currently scheduled for trial in June 2022 before U.S. District Court Judge Jennifer P. Wilson.
Asbestos was designated a hazardous air pollutant in 1971 which can become airborne and can be inhaled into the lungs. There is no known safe amount of exposure.
According to U.S. Attorney John C. Gurganus, the criminal charge is the result of Barnett’s activity as the project supervisor for the asbestos abatement contractor, First Capital Insulation Inc., on the Berwick Area School District project in Berwick, Pennsylvania. The scope of the project was designed to safely remove environmentally hazardous materials from the site, demolish the former weaving mill building, and construct a new elementary school.
Prior to purchasing the mill in January 2014, the Berwick Area School District obtained an environmental assessment report that identified hazardous substances, including asbestos, located in the old facility. The existence of asbestos was confirmed by an environmental consultant. The findings of both assessments were shared with Lobar, and its subcontractors responsible for asbestos removal and demolition. Despite this, the demolition went forward before the asbestos was properly removed until stopped by the Environmental Protection Agency (EPA).
Howard P. Stewart, Senior Litigation Counsel from the Justice Department‘s Environmental Crimes Section of the Environment and Natural Resources Division, Assistant U.S. Attorney Paul Miovas and Special Assistant U.S. Attorney Patricia Miller for the Middle District of Pennsylvania are prosecuting the case. The case was investigated by the Criminal Investigation Division of the EPA.
The defendant is presumed innocent unless and until proven guilty.
Pennsylvania Man Pleads Guilty to Clean Air Act ViolationRead the Press Release
HARRISBURG - The Justice Department and the U.S. Attorney’s Office for the Middle District of Pennsylvania announced today that on March 9, 2022, Ty Allen Barnett, of Dover, Pennsylvania, entered a plea of guilty to the improper handling and removing of regulated asbestos containing material as required by federal law.
A ten-count indictment filed in January 2020, charged Lobar Inc., First Capital Insulation, Inc., Francis Richard Yingling, Jr., Dennis Lee Charles Jr., M&J Excavation Inc., John August Sidari, Jr., and Ty Allen Barnett, with various violations of the federal Clean Air Act arising from disturbing and removing asbestos in violation of the National Emission Standards for Hazardous Air Pollutants regulations. Lobar, Inc. pleaded guilty on Feb. 9, 2022. The remaining defendants have pleaded not guilty and are currently scheduled for trial in June 2022 before U.S. District Court Judge Jennifer P. Wilson.
Asbestos was designated a hazardous air pollutant in 1971 which can become airborne and can be inhaled into the lungs. There is no known safe amount of exposure.
According to U.S. Attorney John C. Gurganus, the criminal charge is the result of Barnett’s activity as the project supervisor for the asbestos abatement contractor, First Capital Insulation Inc., on the Berwick Area School District project in Berwick, Pennsylvania. The scope of the project was designed to safely remove environmentally hazardous materials from the site, demolish the former weaving mill building, and construct a new elementary school.
Prior to purchasing the mill in January 2014, the Berwick Area School District obtained an environmental assessment report that identified hazardous substances, including asbestos, located in the old facility. The existence of asbestos was confirmed by an environmental consultant. The findings of both assessments were shared with Lobar, and its subcontractors responsible for asbestos removal and demolition. Despite this, the demolition went forward before the asbestos was properly removed until stopped by the United States Environmental Protection Agency.
“Exposure to airborne asbestos fibers can pose a serious health risk to workers and members of the public,” said EPA Special Agent in Charge Jennifer Lynn. “The defendant knowingly failed to follow the required safety practices when working with asbestos containing materials, potentially endangering the health of workers and the public.”
Howard P. Stewart, Senior Litigation Counsel from the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice, Assistant United States Paul Miovas and Special Assistant United States Attorney Patricia Miller of the Middle District of Pennsylvania are prosecuting the case. The case was investigated by the Criminal Investigation Division of the EPA.
A defendant is presumed innocent unless and until proven guilty.
# # #
Patient Recruiter Pleads Guilty to $870,000 Kickback SchemeRead the Press Release
A Florida man pleaded guilty today in the Southern District of Florida for a scheme to receive kickbacks and bribes in exchange for referring Medicare beneficiaries to five South Florida home health agencies for services that the patients did not need and, in many cases, never received.
Ernesto Espinosa, 71, of Miami, pleaded guilty to one count of conspiracy to commit health care fraud. According to court documents, from January 2010 to June 2015, Espinosa and his co-conspirators paid kickbacks to Medicare beneficiaries to recruit them for referral to home health agencies. Espinosa also coached the Medicare beneficiaries, who did not need home health services, on what to say to obtain home health prescriptions from doctors. In exchange for referring these beneficiaries, Espinosa solicited and received kickbacks and bribes from the home health agencies. Espinosa and the home health agencies attempted to disguise these kickbacks and bribes by routing them through shell companies controlled by Espinosa. The home health agencies then submitted false and fraudulent claims to Medicare for services that were not medically necessary and typically not even provided. As a result of this fraud, Espinosa and his co-conspirators caused Medicare to make payments of approximately $870,000 for the bogus claims. Espinosa personally netted approximately $630,000 from the scheme.
Espinosa is scheduled to be sentenced on May 24 and faces up to 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Special Agent in Charge Omar Pérez Aybar of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), Miami Regional Office; Assistant Director Luis Quesada of the FBI’s Criminal Investigative Division; and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office made the announcement.
The FBI and HHS-OIG investigated the case.
Trial Attorneys Kelly M. Lyons, Alexander Thor Pogozelski and Jamie De Boer of the Justice Department’s Fraud Section prosecuted the case.