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Thursday 3 March 2022
NoHo Man with Multiple Prior Felonies Sentenced to 7 Years in Prison for Possessing Five Firearms Inside a Glendale Shopping MallRead the Press Release
LOS ANGELES – A North Hollywood man has been sentenced to 84 months in federal prison for possessing five firearms and more than 300 rounds of live ammunition inside the Glendale Galleria mall during the holiday shopping season, the Justice Department announced today.
Tigran Zmrukhtyan, 29, was sentenced Monday by United States District Judge Mark C. Scarsi after pleading guilty in July 2021 to one count of being felon in possession of firearms and ammunition.
On December 18, 2020, Zmrukhtyan walked into the Macy’s department store in the Glendale Galleria with a duffel bag full of guns and ammunition. Zmrukhtyan attempted to steal clothes and was eventually detained by loss-prevention employees and Glendale Police Department officers.
When he was detained, Zmrukhtyan had a .380-caliber handgun tucked into his waistband with one round in the chamber and six bullets in the magazine. Inside the duffel bag, officers found four additional firearms, some already loaded, as well as high-capacity magazines loaded with bullets.
Before his arrest, Zmrukhtyan had been convicted of 19 felonies, including the 2016 burglary of a Burbank gun store during which he stole 10 firearms.
“[Zmrukhtyan’s] conduct in this case was not an aberration,” prosecutors argued in a sentencing memorandum. “For more than a decade, [Zmrukhtyan] has engaged in a streak of criminal activity that has seemingly worsened with each conviction.”
The FBI and the Glendale Police Department investigated this matter.
Assistant United States Attorney Maxwell K. Coll of the Asset Forfeiture Section prosecuted this case.
Newell Woman Indicted for Distribution of a Controlled SubstanceRead the Press Release
United States Attorney Dennis R. Holmes announced that a Newell, South Dakota, woman has been indicted by a federal grand jury for Distribution of a Controlled Substance.
Kimberly Rich, age 56, was indicted on February 17, 2022. She appeared before U.S. Magistrate Judge Daneta Wollmann on February 25, 2022, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is forty years in federal prison and/or a $5,000,000 fine, a lifetime of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that in January 2022, Rich knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance. The charges are merely an accusation and Rich is presumed innocent until and unless proven guilty.
The investigation is being conducted by the South Dakota Division of Criminal Investigation and the Meade County Sheriff’s Office. Assistant U.S. Attorney Kelsey Blair is prosecuting the case.
Rich was detained pending trial. A trial date has not been set.
New Mexico Man Charged with Illegal Possession of FirearmRead the Press Release
United States Attorney Dennis R. Holmes announced that a Santa Fe, New Mexico, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Isidro Ortega, age 62, was indicted on January 20, 2022. He appeared before U.S. Magistrate Judge Daneta Wollmann on February 23, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge stems from Ortega, a previously convicted felon who is prohibited from possessing firearms, knowingly being in possession of a Jimenez Arms Incorporated, model J.A., .380 Auto caliber, semi-automatic pistol, in Rapid City in August 2021, which was found after Ortego came into contact with law enforcement. The charge is merely an accusation and Ortega is presumed innocent until and unless proven guilty.
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.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the South Dakota Highway Patrol. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Ortego was detained pending trial. A trial date has not been set.
New Jersey Man Sentenced to 80 Months in Prison for Stealing more than $450,000 in Unemployment Insurance BenefitsRead the Press Release
NEWARK, N.J. – A Union, New Jersey, man was sentenced today to 80 months in prison for illegally obtaining more than $450,000 in unemployment insurance benefits, U.S. Attorney Philip R. Sellinger announced.
Maurice Mills, 30, of Union, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Brian Martinotti to an information charging him with wire fraud. Judge Martinotti imposed the sentence by videoconference today.
According to documents filed in the case and statements made in court:
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was signed into law. The CARES Act created a new temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA), which provides unemployment insurance benefits (UIB) for individuals who were not eligible for other types of unemployment (e.g., the self-employed, independent contractors, gig economy workers). The CARES Act also created a new temporary federal program called Federal Pandemic Unemployment Compensation that provides additional benefits to those eligible for PUA and regular UIB. The New York State Department of Labor administers and manages the regular unemployment and PUA programs in the State of New York.
Between August and September of 2020, Mills submitted fraudulent UIB applications to the State of New York using the names of other individuals. As a result, the State of New York approved and provided, and Mills falsely obtained, more than $450,000 in UIB.
In addition to the prison term, Judge Martinotti sentenced Mills to three years of supervised release and ordered him to pay $486,760 in restitution.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Jonathan Mellone in Manhattan; special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., in Newark; postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero in Newark; and special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt in Newark, with the investigation leading to today’s arrest. He also thanked the New York State Department of Labor, Office of Special Investigations for its assistance in the investigation.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Nashville Man Sentenced to Federal Prison for Sex-Trafficking 12-Year-Old RunawayRead the Press Release
NASHVILLE – A Nashville man previously convicted of sex trafficking a minor and transportation of a minor for the purpose of engaging in prostitution was sentenced today to 30 years in federal prison, announced U.S. Attorney Mark H. Wildasin for the Middle District of Tennessee.
Tavarie Williams, 42, was convicted of the charges by a federal jury in February 2020 after a week-long trial. U.S. District Judge Eli J. Richardson imposed the sentence earlier today.
“This is a fitting sentence for such egregious crimes,” said U.S. Attorney Wildasin. “I commend our law enforcement partners and prosecution team for their exceptional work in rescuing this child and seeking justice on her behalf. Disrupting human trafficking remains a priority of this Office and those who engage in this activity should expect that local, state, and federal law enforcement will devote their full resources to bringing them to justice.”
According to evidence and testimony at trial, in June and July 2016, Williams picked up a 12-year-old runaway girl in San Antonio, Texas and posted ads on Backpage.com advertising her for prostitution. During this time, Williams transported the girl to Memphis, Nashville and Knoxville, Tennessee, for the purpose of having sex with Backpage clients. Evidence and testimony also established that Williams engaged in sexual intercourse with the 12-year-old as well.
On July 29, 2016, Williams was arrested at a hotel in Franklin, Tennessee, and the 12-year-old was rescued.
This case was investigated by the Tennessee Bureau of Investigation; The U.S. Marshals Service; the Franklin Police Department; and the Williamson County Sheriff’s Office. Assistant U.S. Attorneys Brooke Schiferle and Juliet Aldridge prosecuted the case.
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Mount Carmel Businessman Sentenced to 12 Months’ Imprisonment for Failure to Account and Pay over Employment TaxRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Ricky Long, 54, of Mount Carmel, Pennsylvania, was sentenced to 12 months plus one-day in prison by U.S. District Court Chief Judge Matthew W. Brann for failure to account for and pay over employment tax.
According to United States Attorney John C. Gurganus, Long pleaded guilty in August 2021, to failure to account and pay over employment taxes. Long is the owner and operator of a home healthcare business known as Warm Hearts Home Care Agency, Inc. operating in Sunbury, Pennsylvania. Warm Hearts employs aids that assist homebound patients with their medical needs. Long failed to file tax return forms for or pay over $296,484.89 in employment and trust fund taxes collected from employees over several years. Rather than turning the money over to the IRS, Long used the money to open a wine bar in Shamokin, Pennsylvania and on personal expenses such as vacations and tickets to sporting events. Long was also ordered to make full restitution.
The case was investigated by the Internal Revenue Service. Assistant U.S. Attorney Todd K. Hinkley prosecuted the case.
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Mission Man Charged with Sexual AbuseRead the Press Release
United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Minor.
Jaret Wooden Knife, age 24, was indicted on February 8, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in federal prison and/or a $250,000 fine, not less than five years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about January 10, 2020, in Mission, Wooden Knife knowingly engaged in, and attempted to engage in, a sexual act with a minor female.
The charge is merely an accusation and Wooden Knife is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Wooden Knife was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for April 12, 2022.
Minneapolis Man Pleads Guilty to Using Social Media to Produce Child PornographyRead the Press Release
MINNEAPOLIS – A Minneapolis man has pleaded guilty to using social media to produce and attempt to produce sexually explicit images and videos of children, announced Acting U.S. Attorney Charles J. Kovats.
According to court documents, between August 2018 and March 2021, Nathan Miller Dobbelmann, 40, used email and various social media apps to contact and solicit sexually explicit images and videos from children. Dobbelmann also sent minors sexually explicit videos of himself as well as sexually graphic text messages, and used online chat rooms and platforms to discuss and trade child pornography files with others.
Dobbelmann pleaded guilty earlier today before Senior U.S. District Judge Donovan W. Frank to one count of production and attempted production of child pornography. A sentencing hearing will be scheduled for a later date.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who 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.
This case was the result of an investigation conducted by the FBI and the Minnesota Bureau of Criminal Apprehension.
Assistant U.S. Attorney Sarah E. Hudleston is prosecuting the case.
Midwest City Man to Serve Two Decades in Prison for Illegal Firearms Possession in Connection with Domestic AbuseRead the Press Release
OKLAHOMA CITY – Last week, JORI NICHOLAS FRANKLIN, 27, of Midwest City, was sentenced to serve 20 years in federal prison for being a convicted felon in possession of firearms, announced United States Attorney Robert J. Troester.
On April 20, 2021, a federal grand jury returned a two-count Indictment against Franklin. Specifically, Counts 1 and 2 charged Franklin with Felon in Possession of Firearms. On June 3, 2021, Franklin pleaded guilty to both counts of the Indictment. Public records show that Franklin had prior felony convictions before April 20, 2021. These convictions include Child Neglect in Oklahoma County, Oklahoma case number CF-2015-751 and Possession of a Controlled Substance (methamphetamine) in Oklahoma County, Oklahoma case number CF-2017-3808. Federal law prohibits the possession of firearms or ammunition by convicted felons.
On February 24, 2022, U.S. District Court Judge Patrick R. Wyrick sentenced Franklin to serve a total of 240 months in federal prison, followed by three years of supervised release. In support of his sentence, Judge Wyrick cited the nature and circumstances of the offense, as well Franklin’s criminal history. Judge Wyrick also ordered Franklin to serve three years of supervised release, upon release from prison.
Evidence presented at sentencing showed that on March 3, 2021, Franklin was arrested in possession of a firearm that he had used in connection with the confinement and domestic abuse of his girlfriend. Evidence further showed that Franklin used the firearm to hold his girlfriend inside of a residence against her will. During that confinement, Franklin used the firearm to pistol whip, physically assault, and threaten his girlfriend, causing her to sustain serious bodily injuries requiring hospitalization.
This case was the result of investigations by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Oklahoma City Police Department, and Midwest City Police Department. Assistant U.S. Attorney Chelsie Pratt prosecuted the case.
This case is part of "Operation 922," which specifically targets domestic violence abusers for federal prosecution in western Oklahoma. Operation 922 is the Western District of Oklahoma’s local implementation of the Justice Department’s Project Safe Neighborhoods initiative to reduce gun violence and enforce federal firearms laws. Operation 922 prioritizes prosecution of federal gun crimes related to domestic violence.
Reference is made to public filings for more information.
Mexican Cartel Member Sentenced to Life in Prison for Violating RICO StatuteRead the Press Release
EL PASO – A Mexican national was sentenced today to life in prison for his role in the Sinaloa Cartel’s narcotics distribution operations.
According to court documents, Arturo Shows Urquidi, aka “Chous,” 50, of Juarez, was a former Chihuahua State police officer and a long-time member of the Sinaloa Cartel under Ismael “Mayo” Zambada-Garcia. Shows assisted in the security of stash houses where thousands of kilograms of cocaine were unloaded from tanker trucks and then reloaded with weapons and money headed for Culiacan, Sinaloa, Mexico. During his involvement with the Sinaloa Cartel, the Cartel successfully imported thousands of kilograms of cocaine into the United States worth over $1 billion.
On October 22, 2021, a federal jury in El Paso convicted Shows of one count of conspiracy to violate the Racketeering Influenced Corrupt Organization statute (RICO) for his role as a member of the Sinaloa Cartel; one count of conspiracy to possess cocaine and marijuana; one count of conspiracy to import cocaine and marijuana; one count of conspiracy to launder money; and one count of conspiracy to possess firearms in furtherance of drug trafficking crimes.
“Investigating and prosecuting members of dangerous transnational criminal organizations remains a top priority of the United States Attorney’s Office for the Western District of Texas,” said U.S. Attorney Ashley C. Hoff. “This sentence is a significant step in holding the members of the Sinaloa Cartel accountable for the crimes they have committed for years. The prosecution of this case clearly demonstrates how strong cooperation between federal, state and local law enforcement agencies can effectively combat the illegal activity of transnational criminal organizations.”
“The sentencing of Arturo Shows Urquidi is the culmination of years of work to investigate and bring to justice a significant member of the notorious Sinaloa Cartel,” said Greg Millard, Special Agent in Charge of the Drug Enforcement Administration’s El Paso Division. “It demonstrates our commitment, along with that of our U.S. and foreign law enforcement partners, to pursue violent drug traffickers who seek to destroy our communities for profit.”
“The sentencing of Shows Urquidi is another strike against members of the Sinaloa Cartel and highlights the long arm of the law reaching across international borders,” said FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office. “Today exemplifies our commitment to prevent violence and criminal activity from poisoning the communities of El Paso and our sister city, Ciudad Juarez. It also sends a clear message that we and our partners will relentlessly pursue and prosecute the leaders and members of these violent drug enterprises.”
“Our ability to bring to justice extremely violent members of criminal organizations, such as the Sinaloa Cartel, is a testament to the hard work and dedication of our Federal, State, and local law enforcement partners that assisted in this multi-year investigation. It is a priority of the Bureau of Alcohol, Tobacco, Explosives and Firearms (ATF), to target these organizations that are responsible for transnational gun crime and violence” said ATF Assistant Special Agent in Charge Joshua Hernandez, Dallas Division.
In addition to the above charges, Shows’ co-defendant, Mario Iglesias-Villegas, aka “Dos,” “El 2,” “Delta,” “Parka,” “Grim Reaper,” 36, of Villa Ahumada, was also found guilty of five counts of violent crimes in aid of racketeering activity; one count of conspiracy to kill in a foreign country; and one count of kidnapping. Iglesias is scheduled for sentencing on March 24, 2022.
The Sinaloa Cartel’s criminal activity in the Ciudad Juarez and El Paso area included the violence that occurred during the war between the Juarez Cartel and the Sinaloa Cartel, which led to the death of thousands of people in Ciudad Juarez and throughout the Mexican states of Chihuahua and Durango. The violence gave rise to Ciudad Juarez being named the “deadliest city in the world.”
This investigation resulted in the seizure of hundreds of kilograms of cocaine, thousands of pounds of marijuana in cities throughout the United States. Law Enforcement also took possession of millions of dollars in drug proceeds which were destined to be returned to the Cartel in Mexico. Agents and officers likewise seized hundreds of weapons and thousands of rounds of ammunition intended to be smuggled into Mexico to assist the Cartel’s battle to take control of Juarez and the local drug trafficking corridors.
The DEA, FBI, and ATF together with the Immigration and Customs Enforcement–Homeland Security Investigations, United States Border Patrol, Customs and Border Protection, United States Marshals Service, El Paso Police Department, El Paso Sheriff’s Office, and the Texas Department of Public Safety investigated this case.
Assistant U.S. Attorneys Antonio Franco, Kristal Wade, Kyle Myers, and Michael Williams prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Member of International Drug Trafficking Conspiracy SentencedRead the Press Release
NORFOLK, Va. – A Kennewick, Washington, man was sentenced today to 145 months in prison for conspiracy to distribute and possession with intent to distribute cocaine, and distribution of cocaine.
According to court documents, Juan Gabriel Rodriguez-Preciado, 44, facilitated the trafficking of kilogram quantities of cocaine between a Mexican cartel and a regional drug trafficking organization (DTO) run by Adian Barth, 37, of Chesterfield. During July and August 2019, Rodriguez-Preciado stayed at a Richmond residence owned by Barth to assist him in a cocaine drug trafficking conspiracy. From that residence, Rodriguez-Preciado distributed approximately 10 kilograms of cocaine every other week to members of Barth’s DTO over a two-month period. In return, Rodriguez-Preciado collected approximately $30,000 per kilogram, which he funneled back to Mexico.
On May 11, 2021, Barth was sentenced to 225 months in prison for charges of conspiracy to distribute, possession with intent to distribute, and distribution of cocaine.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Jason Miyares, Attorney General of Virginia; Jarod Forget, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Division; Charlie J. Patterson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; and Col. K.L. Wright, Chief of Chesapeake Police, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar.
Assistant U.S. Attorney Megan Montoya and Special Assistant U.S. Attorney Kristin Bird prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. No. 2:19-cr-164.
McNairy County Man Sentenced to Five Years in Federal Prison for Being a Convicted Felon in Possession of a FirearmRead the Press Release
Jackson, TN- Terrell Deshaun Harris, 26, has been sentenced to 60 months in federal prison for being a felon-in-possession of a firearm. Joseph C. Murphy Jr., United States Attorney announced the sentence today.
According to information presented in court, on January 25, 2021, officers with the McNairy County Sheriff's Office responded to a domestic assault call from a residence on Leapwood-Enville Road in Adamsville, Tennessee. The victim informed officers that Harris had assaulted her and left their home in her vehicle. Officers provided a "be on the lookout" description of the vehicle.
A short time later, an officer with the Adamsville Police Department located the vehicle on Old Stage Road and conducted a traffic stop. While waiting for the original officers to arrive on the scene, Harris informed the Adamsville officer that a firearm and marijuana were in his vehicle.
A search of the vehicle revealed, a Smith & Wesson 9mm pistol and 12 grams of crystal methamphetamine ("ice") in two small bags in the glove compartment. Marijuana was also found in the console of the vehicle.
After being advised of and waiving his Miranda rights, Harris admitted taking the firearm upon leaving his residence. He also acknowledged as a convicted felon he was not allowed to possess a firearm. Further, Harris admitted the methamphetamine and marijuana belonged to him, but he stated the drugs were for his personal use.
On November 30, 2018, Harris was convicted in Hardin County of two counts of aggravated assault with a weapon. He was serving a period of probation for those offenses at the time of his present offense. As a result of his prior felony convictions, he is prohibited by federal law from possessing firearms and ammunition.
On February 22, 2022, Chief Judge S. Thomas Anderson sentenced Harris to 60 months in federal prison to be followed by three years of supervised release. There is no parole in the federal system. At sentencing, Judge Anderson rejected Harris’s claim that he possessed the methamphetamine solely for his personal use, and he determined that Harris possessed the firearm in connection with the felony offense of possession of methamphetamine with the intent to sell or deliver in violation of Tennessee law.
This case was investigated by the McNairy County Sheriff’s Office, Adamsville Police Department, Federal Bureau of Investigation (FBI) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorney Josh Morrow prosecuted this case on behalf of the government.
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Man from Santa Cruz pleads guilty to federal drug traffickingRead the Press Release
ALBUQERQUE, N.M. – Andy Cordova, 32, of Santa Cruz, New Mexico, pleaded guilty in federal court on Mar. 2 to possession with intent to distribute heroin. Cordova was indicted by a federal grand jury on June 23, 2021.
According to the plea agreement, on July 5, 2020, Cordova was detained by Ohkay Owingeh Casino and Hotel security personnel on suspicion of possessing or distributing drugs on the premises. Cordova was arrested for drug trafficking after law enforcement executed a search warrant for his hotel room and discovered 16.96 grams of heroin.
Cordova faces a sentence of up to 20 years in prison.
The Santa Fe Resident Agency of the FBI investigated this case. Assistant U.S. Attorney Alexander F. Flores is prosecuting the case.
Man Who Threatened to Kidnap and Kill his Former Girlfriend SentencedRead the Press Release
A 35-year-old Tulsa man who strangled his former girlfriend and later attempted to kidnap her was sentenced Wednesday in federal court, announced U.S. Attorney Clint Johnson.
U.S. District Judge Claire V. Eagan sentenced David Samuel Boggs Jr. to 121 months in federal prison followed by three years of supervised release.
“The facts of this case are disturbing. David Boggs strangled a victim until she passed out, located the victim at a hospital days later where she was being treated, and was apprehended by police outside the hospital with a ‘kill kit,’” said U.S. Attorney Clint Johnson. “Tulsa Police Officers’ vigilance and swift action saved this victim’s life. I am thankful for our law enforcement partners and their commitment to serve and protect those living in communities across northeastern Oklahoma.”
Boggs Jr. previously pleaded guilty to felon in possession of a firearm and ammunition, assault of an intimate/dating partner by strangling and attempting to strangle in Indian Country, and attempted kidnapping in Indian Country.
On June 10, 2020, Boggs Jr. violated a protective order when he drug his former girlfriend from her hotel room, strangled her until she passed out, then kicked her in the head while wearing steel toe boots.
Then on July 17, 2020, while the victim was being treated at a local hospital, Boggs Jr. contacted her and told her he was going to pick her up at the hospital, tie her up, and then take her where no one could hear her scream. She alerted law enforcement, and officers from the Tulsa Police Department began searching for the defendant. Officers located and stopped the defendant in a vehicle just outside the hospital. In the vehicle, officers located the loaded pistol, a change of clothes, binoculars, a wood hacksaw, an aluminum baseball bat and a cell phone, all which pointed to the fact the defendant intended to harm the victim.
Boggs Jr. admitted in his plea agreement that he had contacted the victim that day and told her he was going to kidnap then kill her. He stated that he borrowed a friend’s car and FMK .9mm caliber pistol and drove to the hospital to kidnap the victim. He knew the pistol was loaded with 11 rounds of ammunition and that he was prohibited from possessing a firearm and ammunition because he was a felon.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorneys Steven J. Briden and Jessica L. Wright prosecuted the case.
Lower Brule Man Indicted for Assaulting Federal OfficerRead the Press Release
United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Marty LaRoche, age 28, was indicted on December 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on October 29, 2021, in Lower Brule, LaRoche spit on and struck a federal officer.
The charge is merely an accusation and LaRoche is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
LaRoche was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lower Brule Man Indicted for Assaulting Federal OfficerRead the Press Release
United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Ronald Flute, Jr., age 25, was indicted on November 9, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to eight years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 14, 2021, in Lower Brule, Flute struck a federal officer.
The charge is merely an accusation and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs – Office of Justice Services, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Flute was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Lowell Man Pleads Guilty to Trafficking FirearmsRead the Press Release
BOSTON – A Lowell man pleaded guilty today in federal court in Boston to illegal firearms sales.
Elwood Cortes-Navedo, 26, pleaded guilty to engaging in the business of dealing in firearms without a license. U.S. District Court Judge Indira Talwani scheduled sentencing for June 3, 2022. Cortes-Navedo was arrested and charged by criminal complaint in April 2019 and subsequently indicted by a federal grand jury in December 2020.
On Feb. 6, 2019, Cortes-Navedo sold a Taurus, PT-22, .22LR pistol manufactured outside of Massachusetts to cooperating witnesses in the parking lot of a public swimming pool in Lowell. On Feb. 14, 2019, in his residence parking lot, Cortes-Navedo sold a Springfield Armory, XD-9 subcompact, 9mm pistol with an obliterated serial number and 12 rounds of ammunition to cooperating witnesses.
United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police, made the announcement today. Special assistance in the investigation was provided by the Middlesex Sheriff’s Office and the Chelsea, Lowell, Malden, Marlborough, Somerville and Weymouth Police Departments. Assistant U.S. Attorneys Michael Crowley and Timothy Moran of Rollins' Organized Crime & Gang Unit are prosecuting the case.
Little Eagle Man Indicted for Meth TraffickingRead the Press Release
United States Attorney Dennis Holmes announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Corey Lynn Flying Bye, Jr., age 33, was indicted on February 8, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 1, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison, a $5,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between January 2020 and January 2021, on the Standing Rock Sioux Indian Reservation in South Dakota, Flying Bye knowingly and intentionally conspired with others to distribute and possess with intent to distribute 50 grams or more of methamphetamine.
The charge is merely an accusation and Flying Bye is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, the Mobridge Police Department, the Corson County Sheriff’s Office, and the Bureau of Indian Affairs, Office of Justice Services. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Flying Bye was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Legal Community Holds the Sacramento Region Diversity Career Fair to Great SuccessRead the Press Release
SACRAMENTO, Calif. — The Sacramento Region Diversity Career Fair was held on February 26 and connected employers with diverse legal candidates for future and current job openings, announced the United States Attorney’s Office for the Eastern District of California, the University of the Pacific McGeorge School of Law, the UC Davis School of Law, and the Federal Bar Association Sacramento Chapter.
The Diversity Career Fair is the first legal career fair in the Sacramento region with an online platform where employers can post legal jobs, and law students and attorneys can submit applications. The Diversity Career Fair also provided employers, law students, and attorneys with the opportunity to connect in person, and included a panel discussion featuring federal and state court judges, and practicing attorneys. A wide variety of employers, bar associations, law students, attorneys, and judges attended the Diversity Career Fair held at McGeorge School of Law.
“The Sacramento Region Diversity Career Fair helped bring our diverse legal community together to work on the shared goal of promoting and encouraging diversity,” said U.S. Attorney Phillip A. Talbert. “It was inspiring. The United States Attorney’s Office is committed to continuing these important efforts with our law schools, bar associations, and the larger legal community.”
“I am incredibly honored and proud that McGeorge School of Law was selected to host the inaugural Sacramento Region Diversity Career Fair with partner institutions in Sacramento, and the nearly 40 employers who attended,” said Michael Hunter Schwartz, Dean of McGeorge School of Law. “While there is still plenty of work that needs to be done to continue diversifying the legal profession, this career fair was an important early step in that ongoing journey and was a fantastic opportunity to connect students with employers invested in this critical work.”
“We were so pleased to partner in presenting the inaugural Sacramento Region Diversity Career Fair, which provided a wonderful opportunity for our students to connect with employers who prioritize diversity in the legal profession,” UC Davis School of Law Dean Kevin R. Johnson said. ”Diversity, equity and inclusion are primary principles at Martin Luther King Jr. Hall, and this event helped us further our mission. Many thanks to the outstanding employers who participated, and to our partner organizations for allowing us to participate in this groundbreaking event.”
The Sacramento Region Diversity Career Fair was co-sponsored by all of the affinity bar associations in Sacramento, including the Asian/Pacific Bar Association of Sacramento (ABAS), Cruz Reynoso Bar Association, Leonard M. Friedman Bar Association, Sacramento Filipino American Lawyers Association (SacFALA), South Asian Bar Association (SABA), SacLegal Sacramento’s LGBTQ+ Bar Association, Wiley Manuel Bar Association (WMBA), Women Lawyers of Sacramento (WLS), and by the Sacramento County Bar Association.
For more information: https://fbasacramento.org/sacramentodiversitycareerfair/
Lebanon County Man Indicted on Drug Trafficking and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jelson Manuel De La Cruz-Caba, 30, of Lebanon, Pennsylvania, was indicted by a federal grand jury on drug trafficking and firearms charges.
According to U.S. Attorney John C. Gurganus, the indictment charges Cruz-Caba with possession with intent to distribute methamphetamine and fentanyl on July 20, 2021, in Lebanon County. The indictment also charges Cruz-Caba with possessing a 9mm Baretta handgun in furtherance of drug trafficking.
The matter was investigated by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant U.S. Attorney Scott R. Ford.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and other opioids. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state, and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit opioid related offenses.
The maximum penalty for this offense is up to life in prison, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Las Vegas Man Who Submitted False Documents to USCIS is SentencedRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, announced that ARASH VAKHSHOURI, 43, of Las Vegas, Nevada, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to three years of probation for submitting false documents to a government agency.
According to court documents and statements made in court, between January and May 2017, Vakhshouri drafted and sent a total of seven fraudulent letters to U.S. Citizenship and Immigration Services (USCIS) in Connecticut purporting to be from two individuals who had applied to USCIS to become legal residents of the U.S. in March 2016. The letters, which included the victims’ names, passport numbers, application numbers and alien file numbers, fraudulently requested the withdrawal or cancellation of the victims’ applications for legal permanent resident status in the U.S. Vakhshouri was attempting to have the two victims be forced to return to Iran, where they are religious minorities.
Vakhshouri was arrested on June 20, 2019, and he pleaded guilty to the offense on June 8, 2021.
Judge Arterton ordered Vakhshouri to perform 100 hours of community service while he is on supervised release, and to pay $9,129 in restitution the victims.
This matter was investigated by Homeland Security Investigations (HSI), the U.S. Postal Inspection Service and the Manchester Police Department. The case was prosecuted by Assistant U.S. Attorneys Nathaniel J. Gentile and Conor M. Reardon.
La Joya trustee convicted of extortionRead the Press Release
McALLEN, Texas – A 48-year-old Sullivan City man has admitted to threatening to cancel a contract if he did not receive increased monetary payments, announced U.S. Attorney Jennifer B. Lowery.
Oscar Salinas aka “Coach” pleaded guilty today.
As part of the plea, Salinas admitted he had an agreement with Jacinto Garza, CEO of L&G Engineering. Salinas was to receive payments through his company from L&G.
Further, La Joya Independent School District (LJISD) had an insurance contract with Ruth Villareal Insurance. Salinas learned Garza was politically supporting Everardo Villarreal, a candidate for Hidalgo County commissioner and Ruth Villareal’s husband.
Salinas threatened to terminate the contract with Ruth Villarreal Insurance if the agreement with Garza was not re-negotiated for additional monetary payments. Garza eventually terminated the payment arrangement with Salinas.
Salinas subsequently cast a vote to terminate LJISD’s contract with Ruth Villarreal Insurance.
U.S. District Judge Micaela Alvarez accepted the plea and set sentencing for June 16. At that time, Salinas faces up to 20 years in federal prison.
He was permitted to remain on bond pending that hearing.
The FBI conducted the investigation with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Agriculture, Texas Department of Insurance and McAllen Police Department. Assistant U.S. Attorney Roberto Lopez Jr. is prosecuting the case.
Kansas Man Sentenced to over 6 Years in Federal Prison for Drug TraffickingRead the Press Release
FAYETTEVILLE – A Niotaze, Kansas man was sentenced today to 74 months in prison followed by four years of supervised release on one count of Possession with the Intent to Distribute Methamphetamine. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court documents, On or about June 25, 2020, law enforcement received information that a large amount of methamphetamine was being transported to the Fayetteville, Arkansas area. After receiving a vehicle description and locating the vehicle, a traffic stop was initiated. While speaking with the driver, Jeremy David Holland, age 43, and while waiting for information regarding a possible warrant for him out of Oklahoma, a K9 officer was called in to assist. After the K9 officer alerted on the vehicle and a search was conducted. The search resulted in officers locating and seizing over 408g of pure methamphetamine.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Fourth Judicial District Drug Task Force and the Fayetteville Police Department investigated the case.
Assistant U.S. Attorney Aaron Jennen prosecuted the case.
Justice Department Seeks to Stop Deceptive Marketing of Herbal Tea Product Advertised as COVID-19 TreatmentRead the Press Release
The Justice Department, together with the Federal Trade Commission (FTC) and the U.S. Food and Drug Administration (FDA), today announced a civil enforcement action against B4B Earth Tea LLC, B4B Corp., and Andrew Martin Sinclair (collectively, “defendants”) for alleged violations of the COVID-19 Consumer Protection Act, the FTC Act, and the Federal Food, Drug, and Cosmetic Act (FDCA).
According to a complaint filed in the U.S. District Court for the Eastern District of New York, the defendants advertised that their herbal tea product, Earth Tea, could prevent or treat COVID-19, without competent or reliable scientific evidence to support those claims. Further, the defendants allegedly made deceptive statements about a scientific study to bolster their unproven COVID-19 claims. The complaint also alleges Earth Tea is an unapproved new drug the defendants are selling in violation of the FDCA. The complaint seeks civil penalties and other available equitable relief, as well as an injunction to stop the defendants from continuing their unlawful marketing and sales of Earth Tea.
“The Department of Justice will not tolerate individuals or companies seeking to profit from the COVID-19 public health emergency by unlawfully advertising unproven products,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Department of Justice’s Civil Division. “The department is committed to protecting consumers and enforcing the COVID-19 Consumer Protection Act and the FDCA against those who unlawfully market unproven COVID-19 treatments.”
“COVID-19 has tragically claimed nearly one million lives in this country and close to six million lives worldwide,” stated U.S. Attorney Breon Peace for the Eastern District of New York. “Unfortunately, there are too many people who are taking advantage of this crisis by pushing alleged treatment products that are nothing more than snake oil. We will not tolerate attempts to make a dishonest dollar while putting our communities at risk during a pandemic.”
“Without any scientific evidence, the defendants claimed that drinking their herbal tea is more effective in preventing COVID-19 than approved vaccines, and cures anyone who has gotten ill within 24 hours,” said Director Samuel Levine of the FTC’s Bureau of Consumer Protection. “In bringing this matter with our partners at the Department of Justice and the Food and Drug Administration, the Commission continues its commitment to using every tool available to stop and deter those who would treat the pandemic as opportunity to peddle bogus treatments.”
“Products like this may delay patients from seeking proven treatments from their health care provider,” said Associate Commissioner Judy McMeekin, Pharm.D., for FDA Regulatory Affairs. “Preying on patients’ vulnerabilities during the COVID-19 pandemic is unacceptable. The FDA will continue to actively monitor the U.S. market for any companies or individuals falsely marketing products with claims it prevents or treats COVID-19, and will take actions against those who violate the law and endanger patients.”
The COVID-19 Consumer Protection Act, passed by Congress in December 2020, prohibits deceptive acts or practices associated with the treatment, cure, prevention, mitigation or diagnosis of COVID-19. Persons who violate the COVID-19 Consumer Protection Act may be subject to civil penalties, injunctive relief and other remedies available under the FTC Act.
The FDCA provides that a product is an unapproved new drug if it is intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans but is not generally recognized as safe and effective for its intended uses and is not the subject of an FDA approval. Remedies for violation of the FDCA include injunctive relief.
This matter is being handled by Senior Trial Attorney James T. Nelson and Trial Attorney Zachary A. Dietert of the Civil Division’s Consumer Protection Branch, and Assistant U.S. Attorney Michael Blume from the U.S. Attorney’s Office for the Eastern District of New York. Robert Van Someren Greve represents the FTC, and Michael Shane represents the FDA.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the FTC, visit its website at https://www.FTC.gov.
Justice Department Finds that Colorado Violates the Americans with Disabilities ActRead the Press Release
The Justice Department concluded today that Colorado unnecessarily segregates people with physical disabilities in nursing facilities, in violation of the Americans with Disabilities Act (ADA) and the Supreme Court’s decision in Olmstead v. L.C. The department’s findings, detailed in a letter to Colorado Governor Jared Polis, follow a thorough and multi-year investigation into the state’s system of care for people with physical disabilities.
The ADA and the Olmstead ruling require state and local governments to make services available to people with disabilities in the most integrated setting appropriate to their needs, regardless of age or type of disability. However, many Coloradans with physical disabilities are denied a meaningful choice to receive the services they need in their own homes and communities. Community-based services that can help people live at home successfully include help bathing, dressing, managing medications and preparing meals.
“People with disabilities have too often been unlawfully segregated in institutions like nursing facilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will vigorously enforce the rights of people with physical disabilities, including older adults, to access the community-based services they need to age in place and thrive at home.”
“Older Coloradans and Coloradans with physical disabilities increasingly expect to remain at home as their support needs increase,” said U.S. Attorney Cole Finegan for the District of Colorado. “I’m hopeful this situation can be remedied so that individuals with physical disabilities are no longer isolated.”
The department’s investigation found that a significant number of Colorado’s Medicaid-funded nursing facility residents are interested in transitioning to community-based settings and could successfully do so with appropriate supports. However, few Coloradans with physical disabilities who want to move out of their nursing facilities are able to do so. The investigation found that most residents are unaware of the services available to help them move and live successfully in the community.
The right to receive needed services in the community instead of an institution has become particularly acute during the COVID-19 pandemic. Reports show that a significant number of all deaths from COVID-19 in the United States are linked to nursing facilities and other long-term care facilities. Enabling people to move out of nursing facilities and into the community can reduce that risk and satisfy the ADA by avoiding unnecessary institutionalization.
This investigation was conducted by the Civil Rights Division’s Disability Rights Section with the assistance of the U.S. Attorney’s Office of the District of Colorado. The full findings letter can be found at www.ada.gov. Additional information about the Civil Rights Division’s Olmstead enforcement is available on its website at https://www.ada.gov/olmstead/.
Judge sentences fentanyl dealer who caused overdose death to life in federal prisonRead the Press Release
ST. LOUIS –Gerald E. Cardwell, Jr., 50, of O’Fallon, Missouri was sentenced today to life imprisonment for Distribution of a Controlled Substance (Fentanyl) Resulting in Death. Cardwell was convicted by a jury in November 2021 of distributing fentanyl to Ryan Leahy, also of O’Fallon, in July 2019. Leahy was found deceased in a room at the Hollywood Casino Hotel.
Evidence presented at trial revealed that Leahy had picked Cardwell up from the Hollywood Casino Hotel on the night of July 25, 2019. In the early morning hours of July 26, 2019, Cardwell gave Leahy a mixture of fentanyl and Adderall, sending text messages to a third-party witness that Leahy was unconscious in the car. Surveillance video obtained from Hollywood Casino Hotel depicted Cardwell, Leahy, and the witness enter the hotel shortly before 2 a.m. The third party left approximately ten minutes later, leaving Cardwell and Leahy in the hotel room. Cardwell departed at 10:00 the following morning. Housekeeping staff found Leahy deceased in the room at approximately 3:15 that afternoon. The St. Louis County Medical Examiner’s Office determined that Leahy died of fentanyl and ethanol intoxication. However, two experts testified that the Leahy’s blood alcohol content at the time of his death was .03. According to the Medical Examiner, that small amount of alcohol could not have caused Leahy’s death.
United States District Judge John A. Ross called the evidence against Cardwell “overwhelming,” and described his conduct as “unconscionable.” Judge Ross specifically noted that Leahy was either dying or already dead at the time Cardwell left the hotel room without summoning help, leading him to question Cardwell as to how he could have abandoned Leahy, who Cardwell had known for years. Cardwell, who refused to make a statement, did not respond. Judge Ross also wondered aloud how Cardwell could continue to sell fentanyl after Leahy’s death, evidence of which was presented at trial.
Judge Ross specifically commended the efforts of Detective Sergeant Kendra House and the entire Maryland Heights Police Department, commenting that law enforcement could have simply dismissed Leahy’s death without investigating it. Instead, Judge Ross noted, the Maryland Heights Police worked diligently to determine who was responsible for providing fentanyl to Leahy and that Cardwell was properly held accountable.
“The sentence imposed today on Mr. Cardwell should serve as a clear message. The death and destruction caused by individuals distributing fentanyl has no limits and must be punished accordingly,” stated United States Attorney Sayler Fleming. “The outstanding investigative efforts of the Maryland Heights Police Department was a large part of the success of this prosecution. I hope the life sentence received by Mr. Cardwell provides some solace to the Leahy family.”
“Opioid addiction and related overdose deaths are a tragedy that impacts all communities, and all levels of society. Our police department takes these cases very seriously and we do everything we can to identify the persons responsible and hold them accountable,” stated Chief Bill Carson. “The detectives involved in this case, Sgt. Kendra House and Cpl. Nick Anthon, put a tremendous amount of work into this investigation. We value the relationship that we have with the U.S. Attorney’s Office, and we very much appreciate their willingness to prosecute these cases”.
Henderson, Texas Man Sentenced for Making Threatening StatementsRead the Press Release
SHREVEPORT, La. - Austin Alan Hall, 40, of Henderson, Texas, has been sentenced by United States District Judge Elizabeth E. Foote to 27 months in prison, plus a special condition that he serve an additional 6 months in a halfway house, for interstate transmission of extortionate communications.
According to information presented in court, on March 17, 2021, the Federal Bureau of Investigation (FBI) in Shreveport received a phone call from an individual who identified himself as Austin Alan Hall and asked to speak to an agent. He was forwarded to the FBI’s Public Access Line. Shortly thereafter, Hall called back to the FBI Shreveport office and stated that he did not want to be disrespectful but that he needed to speak to an agent and not a recording. Hall went on to say that judges had kept his daughter from him, and he was going to take care of them. He then stated he needed to speak to an agent in the next ten minutes or he was going to take care of the judges. Hall was asked, “You said you are going to take care of the judges?” and he responded, “that’s what I said.” At that point, an FBI agent took the phone.
Hall went on to describe himself to the agent as being a physically large individual and that he would take out a judge, and that he was disoriented. Hall stated to the agent, “If I need to say I will go after judges to speak to someone, I will do it.” The FBI agent asked Hall if he was threatening the judges in order to be heard, or if he really intended to hurt someone. Hall responded with “I plead the Fifth.” Hall then told the agent he was going back to Cincinnati and would give the FBI time to investigate Judge Dean and Hall’s parents. A criminal complaint was obtained, and Hall was arrested based on these threatening communications.
This case was investigated by the FBI and was prosecuted by Assistant U.S. Attorney J. Aaron Crawford.
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Harness Trainer Christopher Oakes Sentenced to 3 Years in Federal Doping CaseRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that defendant CHRISTOPHER OAKES received a sentence of thirty-six months in prison today for his role in the felony drug misbranding and adulteration charges arising from this Office’s investigation of the abuse of animals through the use of performance enhancing drugs and as charged in United States v. Navarro et al., 20 Cr. 160 (MKV). OAKES’s sentence followed the February 24, 2022, sentencing of thoroughbred trainer MARCOS ZULUETA to a term of thirty-three months in prison, and the guilty plea of harness trainer RICK DANE, JR., on February 18, 2022. OAKES and ZULUETA were each sentenced by U.S. District Judge Mary Kay Vyskocil, who will preside over the sentencing of DANE on June 21, 2022.
U.S. Attorney Damian Williams said: “These three defendants, Christopher Oakes, Marcos Zulueta, and Rick Dane, Jr., each undertook a duty to care for and protect the health and safety of the animals under their control. Each man flagrantly violated that duty in pursuit of purse money. Oakes’s sentence today, like Zulueta’s sentence, reflects the callousness of their crimes, and the gravity with which this Office takes the kind of abuse that each practiced.”
According to the allegations contained in the Superseding Informations, prior charging instruments and other filings in this case[1], and statements during court proceedings:
The charges in the Navarro case arise from an investigation of widespread schemes by racehorse trainers, veterinarians, PED distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators and horse racing officials, participants in these schemes sought to improve race performance and obtain prize money from racetracks throughout the United States and other countries, including in New York, New Jersey, Florida, Ohio, Kentucky, and the United Arab Emirates (“UAE”), all to the detriment and risk of the health and well-being of the racehorses. Trainers, like OAKES, ZULUETA, and DANE, who participated in the schemes stood to profit from the success of racehorses under their control by earning a share of their horses’ winnings, and by improving their horses’ racing records, thereby yielding higher trainer fees and increasing the number of racehorses under their control. Veterinarians involved in the scheme profited from the sale and administration of these medically unnecessary, misbranded, and adulterated substances.
OAKES, ZULUETA, and DANE each operated their respective doping operations using customized, misbranded drugs that were intended to be untestable by racing officials. Through his fraud – and using a sham corporation, “Northfork,” to hide his actual financial interest in various horses – OAKES defrauded others of over a million dollars in purse winnings by training and racing horses that he had “doped” using a plethora of adulterated and misbranded performance-enhancing drugs (“PEDs”), including (among others) blood builders, vasodilators, “drenches,” “bleeder” pills, and other drugs not approved by the Food and Drug Administration (“FDA”). OAKES was also willing to engage in surreptitious delivery of drugs to notorious doper and co-defendant Jorge Navarro, who was previously sentenced to five years in prison in this matter.
ZULUETA, like OAKES, supported Navarro’s racehorse doping and likewise administered illegal drugs to his racehorses under his care and control. Navarro and ZULUETA routinely discussed their use of a particular “blood builder” PED they referred to as “Monkey.” On one recorded call between ZULUETA and Navarro, Navarro stated: “the Monkey—the Monkey hits the horses hard,” later confirming, “the Monkey and the orange one . . . As far as I’m concern[ed], the Monkey and the orange one has something similar which is hitting the horses a lot.” On another recorded call, Navarro informed ZULUETA that “‘the Monkey is breaking down the horses . . . It’s breaking down . . . it’s breaking down the horses. It’s making their blood very thick.’” Still, rather than dissuade Navarro from using the product, ZULUETA agreed with Navarro that he could simply lower the dosage he was administering to his horses, while risking the horses “breaking down.” Following that conversation, ZULUETA, too, continued to procure that blood builder for use on his own horses.
DANE was a New York-based trainer of standardbred horses who regularly obtained misbranded and adulterated PEDs from co-defendant Seth Fishman, and assisted in the distribution of Fishman’s products, including by “vouching” for potential clients of Fishman. Though Fishman was nominally a veterinarian, Fishman did not practice veterinary medicine, but rather used his license as a means of shielding clients, like DANE, from regulatory scrutiny – every drug that Fishman sold to DANE and others, including drugs obtained from various compounding pharmacies, were illegally misbranded, as DANE well knew. A jury convicted Fishman of two counts of misbranding conspiracy on February 2, 2022.
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In addition to the prison sentence, OAKES, 59 of Bear Creek Township, PA and ZULUETA, 54 of Bensalem, PA, were each ordered to pay a forfeiture penalty of $62,821 and $47,525, respectively.
Mr. Williams praised the outstanding investigative work of the FBI New York Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative. Mr. Williams also expressed the Office’s appreciation for the Food and Drug Administration, the investigative support and substantive expertise of which was integral to the success of this case.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Sarah Mortazavi, Andrew C. Adams, Anden Chow, and Benet Kearney are in charge of the prosecution.
[1] As to Oakes’s, Zulueta’s, and Dane’s co-defendants, the entirety of the texts of the Indictments, Informations, and the descriptions of the Indictments and Informations set forth herein constitute only allegations and every fact described should be treated as an allegation.
Guatemalan Citizen Pleads Guilty to Assaulting a Federal OfficerRead the Press Release
ALPINE – Yesterday, Robinson Mendoza-Gomez, 21, a Guatemalan citizen, pleaded guilty to assaulting a federal officer.
According to court documents, on December 14, 2021, Border Patrol agents near Van Horn attempted to apprehend a group of suspected undocumented noncitizens. Mendoza demanded one of the agents release a person in the group. Mendoza then charged and struck the agent injuring the agent’s face.
Mendoza pleaded guilty to one count of Forcibly Assaulting a Federal Officer. A sentencing date has not been scheduled. He faces up to 20 years in prison on the assault charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Jeffrey R. Downey, El Paso Field Office made the announcement.
The FBI is investigating the case.
Assistant U.S. Attorney Scott V. Greenbaum is prosecuting the case.
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Grass Seed Company Owner Charged in Scheme to Defraud SimplotRead the Press Release
PORTLAND, Ore.—On March 2, 2021, a federal grand jury in Portland returned an indictment charging the owner of Ground Zero Seeds, a grass seed production and wholesale company based in Yamhill, Oregon, for his role in a scheme to defraud the J.R. Simplot Company and its former subsidiary the Jacklin Seed Company.
Gregory McCarthy, 68, has been charged with conspiracy to commit wire fraud.
According to the indictment, Jacklin, headquartered in Liberty Lake, Washington, regularly purchased grass seed from Ground Zero. McCarthy was longtime friends with Richard Dunham, a former Jacklin employee who oversaw the company’s order-fulfillment and warehousing operations in Oregon. In his position, Dunham had the authority to purchase grass seed from certain Oregon growers over others.
Beginning in April 2015, McCarthy and Dunham agreed that Ground Zero would pay Dunham a per pound kickback for grass seed purchased by Jacklin. These kickbacks were built into the prices reflected on Ground Zero’s invoices to Jacklin. Between April 2015 and September 2019, McCarthy caused Ground Zero is pay Dunham more than $191,789.
In facilitating their scheme, McCarthy and Dunham regularly corresponded by email, referring to Ground Zero’s kickbacks to Dunham as “shoes” or contributions to his “shoe fund.” To conceal their scheme, Dunham maintained an LLC through which he claimed to provide consulting and brokering services. Dunham negotiated kickbacks and fees from Ground Zero and other Jacklin suppliers through the LLC’s business checking account.
McCarthy will be arraigned on March 15, 2022, by a U.S. Magistrate Judge.
If convicted, McCarthy faces a maximum sentence of 20 years in federal prison, a $380,000 fine, and three years’ supervised release.
U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
In July 2021, the former general manager of Jacklin was sentenced to federal prison for a similar fraud scheme targeting Simplot and its customers. Later, in September 2021, ProSeeds Marketing, Inc., a Willamette Valley grass seed distributor, pleaded guilty after knowingly concealing a scheme to defraud Jacklin.
This case was investigated by IRS-Criminal Investigation and the U.S. Department of Agriculture Office of Inspector General. It was prosecuted by Ryan W. Bounds, Assistant U.S. Attorney for the District of Oregon.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Grant County man sentenced for drug and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Jay Dean Hall, of Petersburg, West Virginia, was sentenced today to 106 months of incarceration for drug and firearms charges, United States Attorney William Ihlenfeld announced.
Hall, 56, pled guilty in December 2020 to on one count of “Maintaining Drug-Involved Premises” and one count of “Possession of a Firearm in Furtherance of a Drug Crime.” Hall admitted to using his home on Spencer Drive in Petersburg as a drug distribution location and having a 9mm rifle in his home. The crimes occurred in August 2019 in Grant County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
U.S. District Judge Thomas S. Kleeh presided.
Fugitive Executive Pleads Guilty in Parking Heaters Price-Fixing ConspiracyRead the Press Release
A German national pleaded guilty in the Eastern District of Michigan to leading a price-fixing conspiracy from 2007 to 2012 and was sentenced to time served.
Volker Hohensee, a German national and onetime Canadian resident who served as President of Espar Inc., a parking heater manufacturing company located in the United States and Canada, was indicted by a grand jury in December 2015. Hohensee fled Canada and remained a fugitive for five years. In December 2020, Hohensee was arrested while attempting to enter the Canary Islands and remained incarcerated in a Spanish facility until his plea today.
“The arrest, plea, and sentencing of Volker Hohensee is a prime example of the Antitrust Division’s commitment to bring fugitives to justice,” said Assistant Attorney General Jonathan Kanter of the Department of Justice’s Antitrust Division. “The price that this defendant paid by choosing to flee — including five years of fugitive status and 15 months spent in the custody of Spanish law enforcement — serves as a cautionary tale for other defendants who contemplate running from a charge rather than facing it. Be assured that the Antitrust Division and our law enforcement partners — domestic and international — have the patience and tools to bring indicted defendants to justice.”
According to the one-count felony information describing the charge to which Hohensee pleaded guilty, Hohensee and his co-conspirators, including an executive at a competing company, worked together to artificially set aftermarket prices for parking heaters in the United States and elsewhere in North America. Parking heaters are devices that heat the interior compartment of a commercial motor vehicle independent of the operation of the vehicle’s engine. Hohensee and his co-conspirators met to discuss parking heater prices, agreed to set a price floor for parking heater kits and agreed to coordinate the timing and amount of price increases for parking heaters.
Two other executives, both German nationals, were indicted alongside Hohensee in 2015. Frank Haeusler is a former Vice President of Espar Inc.’s German affiliate, Eberspaecher, and a former executive of a competing company. Harald Sailer was a vice president at Eberspaecher. Both remain at large. In 2015, in the Eastern District of New York, Espar Inc. pleaded guilty to a price-fixing charge stemming from the same conspiracy and was sentenced to pay a criminal fine of $14.9 million.
After accepting Hohensee’s guilty plea, the federal district court observed that Hohensee had served 15 months in Spain’s custody after being arrested, and sentenced him to time served.
The Justice Department expresses its appreciation for the assistance provided by various enforcement agencies in Spain and the Canary Islands.
This case is the result of a federal antitrust investigation into price-fixing in the parking heaters market, conducted by the Antitrust Division and the FBI. The original charges, and today’s plea and sentencing, were handled by the Antitrust Division’s New York Office and the FBI’s New York Field Office. Assistance was provided by the Justice Department’s Office of International Affairs and the U.S. Attorney for the Eastern District of Michigan.
Anyone with information on price fixing, bid rigging, or other anticompetitive conduct should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258 or visit https://www.justice.gov/atr/citizen-complaint-center.
An indictment is merely an allegation and Haeusler and Sailer are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fresno Man with Prior Violent Felony Record Charged with Federal Firearms OffenseRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Richard Ricardo, 26, of Fresno, charging him with being a felon in possession of firearms and ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, a law enforcement officer pulled Ricardo over for a traffic violation. During the stop, the officer determined that Ricardo was driving on a suspended license, in violation of the California Vehicle Code. Before towing the car, officers searched it in accordance with the department’s inventory procedures. Inside the car, officers found firearm parts capable of being assembled into an operable firearm, ammunition, and firearm magazines. Ricardo is prohibited from possessing firearms and ammunition because of his prior felony convictions, including a prior conviction for assault with a deadly weapon.
This case is the product of an investigation by the Fresno Police Department and the Department of Homeland Security Investigations. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, Ricardo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Fraudulent check scheme sends Great Falls woman to prison for 26 monthsRead the Press Release
GREAT FALLS — A Great Falls woman who admitted to a fraudulent check scheme in which she used fake identifications and stolen checks to buy merchandise in the community was sentenced today to 26 months in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Rachel Sheree Abbott, 34, pleaded guilty in October 2021 to wire fraud and aggravated identity theft.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $23,309 restitution.
In court documents, the government alleged that in 2019 and 2020, Abbott became involved in a fraudulent check scheme where she used fake identification cards, stolen checks and check printing software and materials to create new checks with valid account numbers.
Another individual would make for Abbott fake identification cards that contained a real identity with Abbott’s picture. Abbott also received stolen checks from others and would put this real identity on the stolen checks in conjunction with the real account number. Abbott then used the fake identification card and altered checks to spend approximately $25,000 at businesses in the Great Falls community.Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI and Great Falls Police Department.
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Former State Employee Sentenced to over 5 Years in Prison for $2M Scheme to Defraud the Office of AIDSRead the Press Release
SACRAMENTO, Calif. — Schenelle M. Flores, 46, of Sacramento, was sentenced today to five years and 10 months in prison and ordered to pay over $2 million in restitution for organizing a scheme to divert funds from the California Department of Public Health, U.S. Attorney Phillip A. Talbert announced. She was ordered to begin serving her sentence on May 18, 2022.
According to court documents, Flores used her employment at the Office of AIDS, within the California Department of Public Health, to coordinate the fraud scheme between December 2017 and November 2018. The Office of AIDS is responsible for working on behalf of the State of California to combat the HIV and AIDS epidemic. Flores’s scheme involved directing a state contractor to make payments allegedly on behalf of the Office of AIDS and causing the contractor to charge those payments to the state. As part of the scheme, Flores caused the contractor to pay for personal expenses on its debit cards, order gift cards for personal use, and pay false invoices to shell companies for services allegedly provided to the Office of AIDS. Flores, other participants in the scheme, and their families and friends obtained at least $2 million in personal benefits, including cash, luxury suites at sports games, and vacations.
This case is the product of an investigation by the Federal Bureau of Investigation and was referred by the California Department of Public Health and the California Highway Patrol. Assistant U.S. Attorneys Miriam R. Hinman and Christopher S. Hales are prosecuting the case.
Another former state employee, Christine M. Iwamoto, 47, of Sacramento, pleaded guilty on Oct. 28, 2021, to wire fraud and conspiracy to commit money laundering in a related case, United States v. Iwamoto, 2:21-cr-193-TLN. Iwamoto is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on April 7, 2022. For the wire fraud count, Iwamoto faces a maximum statutory penalty of 20 years in prison and a fine of $250,000 or twice the gross gain or loss, whichever is greater. For the count of conspiracy to commit money laundering, Iwamoto faces a maximum statutory penalty of 20 years in prison and a fine of $500,000 or twice the property involved in the transactions, whichever is greater. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Preschool Teacher Sentenced to 20 Years for Child PornographyRead the Press Release
A former preschool teacher was sentenced today to 20 years in prison for purchasing sexually explicit images of children, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Jason Sherod Baldwin, 29, was charged via criminal complaint in July 2020 and indicted less than a month later. He pleaded guilty in August to one count of receipt of child pornography and was sentenced today by U.S. District Judge Jane J. Boyle. He was ordered to report to the Bureau of Prisons on April 6.
In plea papers, Mr. Baldwin, a former teacher at Dallas’ Hockaday School, admitted that he used Kik, an encrypted messaging app popular among teenagers, to purchase links to child pornography from another Kik user. In chats, Mr. Baldwin requested “mainly preteen boy-on-boy vid[eo]s.”
According to court documents, the investigation into Mr. Baldwin began after FBI agents executed a federal search warrant at the home of a convicted sex offender in Philadelphia. A search of the offender’s phone revealed that he routinely used Kik to solicit payment for links child pornography. One of the accounts with which the offender communicated traced back to Mr. Baldwin.
On Oct. 29, Mr. Baldwin messaged the sex offender about purchasing child pornography. The offender shared a link to a “preview” folder and indicated a cost for the complete file set. Mr. Baldwin sent the money through PayPal and received links to the files a few minutes later.
The investigation showed that Mr. Baldwin purchased child pornography from the offender several times over the ensuing months, on Nov. 11 (two videos of minor males), Dec. 8 (a video and more than 100 images), Dec. 18 (two videos), and Jan. 21 (seven videos).
In an interview with law enforcement after he was arrested, Mr. Baldwin admitted that he had used Kik to purchase sexually explicit images of children. He said he had hundreds of sexually explicit images and videos of children stored on his cell phones, and that he had been viewing child porn for approximately eight years.
The Federal Bureau of Investigation’s Dallas Field Office and the Plano Police Department conducted the investigation with the assistance of the Bureau’s Philadelphia Field Office. Assistant U.S. Attorney Nicole Dana prosecuted the case.
Former Nantucket Bank Employee Sentenced for Role in Two Fraud SchemesRead the Press Release
BOSTON – A former Nantucket Bank employee was sentenced today for her role in two fraud conspiracies.
Rushell Harris, 32, of Nantucket, was sentenced by U.S. District Court Judge Allison D. Burroughs to four months in prison and two years of supervised release, one of which will be served in home confinement. Harris was also ordered to pay restitution in the amount of $161,038 and forfeiture of $90,925. On Oct. 8, 2021, Harris pleaded guilty to two counts of conspiracy to commit wire fraud.
Between approximately June 2014 and November 2018, Harris engaged in two separate wire fraud conspiracies. In the first conspiracy, Harris exploited her position at Nantucket Bank by obtaining personally identifiable information of a customer and surreptitiously taking photographs of the victim’s account information. Harris then shared that information with co-conspirators who attempted to transfer funds out of the customer’s bank account without authorization.
In the second conspiracy, Harris helped perpetuate a fraudulent lottery scheme targeting at least 13 victims who were contacted by co-conspirators via phone, informing them that they had won large prizes, and that in order to receive the funds they needed to pre-pay taxes on their winnings. In reality, no such prizes existed. After victims made an initial payment, they were advised that additional advance payments were required for expenses such as insurance, transportation or other international customs’ fees. Harris and her co-conspirators transferred proceeds of the scheme to associates in Jamaica and in the United States.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance was provided by the Nantucket Police Department and the Federal Deposit Insurance Corporation. Assistant U.S. Attorney Mackenzie A. Queenin of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.
Former Mail Carrier Pleads Guilty to Stealing Sports Trading CardsRead the Press Release
KANSAS CITY, Mo. – A former mail carrier pleaded guilty in federal court today to stealing nearly 100 sports trading cards worth thousands of dollars from the mail.
Paul O. Robinson, 26, of Richmond, Missouri, waived his right to a grand jury and pleaded guilty before U.S. District Judge Greg Kays to a federal information that charges him with one count of mail theft.
By pleading guilty today, Robinson admitted that he stole 94 sports trading cards, valued at approximately $39,994, and other items from the mail from April to June 2021.
Robinson worked for the U.S. Postal Service from 2018 to 2021. He was initially assigned to be a carrier at the Barry Woods Annex in Kansas City, Mo. In June 2021 a customer reported that he had mailed a Kevin Durant basketball sports trading card valued at $1,925 to a customer in Kansas City, Mo., but the card never arrived. The customer also provided the tracking and serial numbers for additional mail items that contained valuable sports trading cards and had been placed in the mail and were missing.
Four of the missing sports cards were recovered from a sports memorabilia store in Gladstone, Mo. Surveillance video from the store showed Robinson, in his postal uniform, presenting the cards for sale on June 12, 2021. When federal agents interviewed Robinson, he admitted that he stole the cards. Robinson also admitted to taking mail home in his car and destroying mail. Agents searched Robinson’s residence and found approximately 440 pieces of mail and one additional trading card.
In August 2021, 11 additional sports trading cards were recovered from a sports cards and memorabilia store in Liberty, Mo. Another sports trading card was also recovered from the sports memorabilia store in Gladstone.
Under federal statutes, Robinson is subject to a sentence of up to five years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Special Assistant U.S. Attorney Courtney R. Pratten. It was investigated by the U.S. Postal Service, Office of Inspector General.
Former Kentucky Jail Official Charged with Civil Rights Offense, Writing a False Report and Making False Statements to InvestigatorsRead the Press Release
Gregory Evans, 50, was indicted today by a federal grand jury in Lexington, Kentucky, for using unlawful force against a pretrial detainee while Evans was a captain at the Madison County Detention Center.
Today’s indictment charges Evans with one count of deprivation of rights under color of law, one count of writing a false report about the incident and one count of making false statements to law enforcement. The indictment alleges that Evans used unreasonable force when he assaulted pretrial detainee E.B., resulting in bodily injury to E.B.; and it further charges that Evans wrote a false report about the assault and that he made false statements to the FBI.
The first count carries a maximum penalty of 10 years of imprisonment, the second count carries a maximum penalty of 20 years and the third count carries a maximum penalty of five years. Actual sentences, in case of conviction, are decided by the judge.
This case was investigated by the Lexington Resident Agency of the FBI. It is being prosecuted by Assistant U.S. Attorney Zachary Dembo for the Eastern District of Kentucky and Trial Attorney Andrew Manns for the Justice Department’s Civil Rights Division.
Assistant Attorney General Kristen Clarke for the Civil Rights Division, U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky and Special Agent in Charge Jodi Cohen of the FBI Louisville Field Office made the announcement.
An indictment is merely an allegation and the defendant is presumed innocent unless proven guilty.
Former Ellwood City Man Charged with Witness RetaliationRead the Press Release
PITTSBURGH – A former Ellwood City, Pennsylvania, man who is serving a federal prison sentence has been indicted by a federal grand jury for witness retaliation, United States Attorney Cindy K. Chung announced today.
The one-count Indictment, which was returned on October 26, 2021, and unsealed today, named Derick Davare, age 35, as the sole defendant.
According to the Indictment, on or about May 15, 2019, Davare engaged in conduct that caused and threatened to cause bodily injury to another person with the intent to retaliate against that person for giving information to a law enforcement officer relating to the commission and possible commission of a federal offense. Davare, who is serving a 150-month federal prison sentence, remains detained pending trial.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of up to $250,000, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentences imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Mark V. Gurzo is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Contract Nurse Sentenced to 30 Months in Federal Prison for Participation in a Racketeering Conspiracy at Maryland Correctional Institution JessupRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced former Contract Nurse Joseph Nwancha, age 41, of Baltimore, yesterday to 30 months in federal prison, followed by three years of supervised release, for a racketeering conspiracy charge related to his participation in a scheme to smuggle contraband into the Maryland Correctional Institution Jessup (MCIJ), including narcotics, tobacco, and cell phones.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Thomas J. Sobocinski, of the Federal Bureau of Investigation, Baltimore Field Office; and Secretary Robert L. Green, of the Maryland Department of Public Safety and Correctional Services.
According to court documents, MCIJ was a medium-security prison in Anne Arundel County, Maryland, that housed approximately 1,100 male inmates, with 262 custody staff or Correctional Officers (COs) and 52 non-custody staff, including case management, medical, and administrative staff.
As detailed in his plea agreement, Nwancha conspired with inmates and individuals outside the facility who obtained and packaged contraband, including, suboxone strips, K2, tobacco, pills and cell phones, to smuggle into MCIJ in exchange for bribe payments. Nwancha was regularly the on-duty nurse during the evening and overnight shifts at MCIJ. Because of the nature of his employment, Nwancha had the opportunity to have contact with inmates in private without other prison employees or inmates observing the interactions.
Beginning in September 2017, inmate Corey Alston began bribing Nwancha to bring contraband into MCIJ. On September 19 and September 20, 2017, via text message, Alston’s sister, Ashley Alston, and Nwancha discussed bribe payments. Ashley Alston told Nwancha that she had the “$200 he owe” and Nwancha responded that he was expecting $1,000 in addition to the $200 and wanted it deposited in his bank account. On September 22, 2017, Ashley Alston met with Nwancha to give him money. According to his plea agreement, over the course of his association with Alston, Nwancha agreed to smuggle contraband cell phones, a pocket knife, tobacco, K2 (a synthetic cannabinoid), and other contraband into MCIJ in exchange for bribe payments. Nwancha admitted that he also conspired with other inmates, including Irving Hernandez, to smuggle contraband, including K2, narcotics, tobacco, and cell phones into the facility in exchange for bribe payments.
On November 28, 2017, Nwancha was stopped at MCIJ in possession of approximately 230 grams of K2 intended for MCIJ inmates, including Alston. A cell phone recovered from Nwancha was subsequently searched and revealed numerous text message conversations between Alston, Hernandez and Nwancha discussing bribe payments and smuggling contraband into MCIJ. The next day, Nwancha booked a flight and left the country to travel to Dublin, Ireland. He remained out of the country until his arrest and extradition.
Inmate Corey Alston, a/k/a “C,” age 29, pleaded guilty to the racketeering conspiracy and was sentenced to six years in federal prison. Inmate Irving Hernandez, age 27, also pleaded guilty to the racketeering conspiracy and is scheduled to be sentenced on May 26, 2022 at 11:00 a.m.
This case arose from the efforts of the Maryland Prison Task Force, coordinated by the U.S. Attorney’s Office and comprised of local, state, and federal stakeholders that meet regularly to share information and generate recommendations to reform prison procedures and attack the gang problem that has plagued Maryland in recent years. The work of the Task Force previously resulted in the federal convictions of more than 78 defendants, including 16 correctional officers, at the Eastern Correctional Institution, and 40 defendants, including 24 correctional officers, at the Baltimore City Detention Center.
“Contraband is dangerous to our employees and the incarcerated population, endangering the safety and security of our correctional facilities," said DPSCS Secretary Robert Green. "Our detectives worked with federal agents to track this individual down overseas to make certain that he faced the consequences for his actions, and we will continue to pursue accountability for those engaged in criminal activity within our correctional system.”
United States Attorney Erek L. Barron commended the FBI and the Department of Public Safety and Correctional Services for their work in the investigation. The U.S. Attorney expressed appreciation to the Department of Public Safety and Correctional Services, whose staff initiated the MCIJ investigation and have been full partners in this investigation. Mr. Barron thanked Assistant U.S. Attorney Sean R. Delaney, who is prosecuting this case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Former Baldwin Man Sentenced for Dealing DrugsRead the Press Release
PITTSBURGH - A resident of suburban Pittsburgh, Pennsylvania, has been sentenced in federal court to 10 years’ imprisonment on his conviction of violating federal narcotics trafficking laws, United States Attorney Cindy K. Chung announced today.
United States District Judge Robert J. Colville imposed the sentence on Thomas Snelsire, 47, formerly of Baldwin, PA.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force, led by the Federal Bureau of Investigation, conducted a long-term investigation into drug-trafficking activity occurring in the Western District of Pennsylvania. Law enforcement identified several individuals, suspected at the time, of illegally distributing controlled substances, including heroin, cocaine and methamphetamine in Allegheny, Westmoreland, Erie, Fayette, and Washington Counties.
Beginning in August of 2020 and continuing through November 2020, the FBI conducted a federal Title III investigation, which resulted in the interception of thousands of wire and electronic communications over a total of ten telephones. Three of the intercepted telephones were used by Mr. Snelsire’s co-defendant, Anthony Peluso, to further his illegal drug trafficking activity. Snelsire, an associate of Peluso’s and a drug-trafficker in the Baldwin, and surrounding neighborhoods of Pittsburgh, dealt controlled substances out of his residence on Oakleaf Road, during the course of the conspiracy.
The Court was further informed that during intercepted communications, Snelsire and Peluso discussed various types and quantities of controlled substances. For example, in September of 2020, Snelsire obtained cocaine from Peluso but was intercepted over a period of several days complaining to Peluso about the quality of the cocaine. At one point, during these communications, Snelsire informed Peluso that he placed the cocaine on a napkin, which he set on a plate, telling Peluso: “I got it under lamp in living room.” Snelsire was attempting to salvage the cocaine by drying it out so that he could sell it to his drug customers. But, on September 13, 2020, law enforcement – in an unrelated matter – executed a search warrant at Mr. Snelsire’s residence on Oakleaf Road. During the search, law enforcement located suspected cocaine, laying on a napkin, on a plate, that was located under a lamp in the living room of the home.
Snelsire accepted responsibility for distributing at least 500 grams of cocaine and at least 100 grams of heroin during the conspiracy..
Prior to imposing sentence, Judge Colville stated that this was a serious offense and the sentence imposed is sufficient but not greater than necessary to meet the goals of sentencing.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation, which led the multi-agency investigation of this case, including the United States Postal Inspection Service, Drug Enforcement Administration, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Pennsylvania State Police, Pittsburgh Bureau of Police, and the Pennsylvania Office of Attorney General Bureau of Narcotics Investigations. Other assisting agencies include the Allegheny County Police Department Homicide, Baldwin Police Department, Brentwood Police Department, McKees Rocks Police Department, Stowe Township Police Department and West Deer Township Police Department.
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. for the investigation leading to the successful prosecution of Snelshire.
Florida Woman Pleads Guilty to Embezzling over $270,000 from Non-Profit OrganizationRead the Press Release
WASHINGTON – Kristina Ann Ballard, 52, of Largo, Florida, pleaded guilty today to embezzling more than $270,000 from her former employer, a nonprofit organization. The announcement was made by U.S. Attorney Matthew M. Graves and Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division.
Ballard pleaded guilty in the U.S. District Court for the District of Columbia to a charge of wire fraud. Under federal sentencing guidelines, she faces a likely recommended sentence of between 33 and 41 months in prison. As part of the plea agreement, Ballard will be ordered to pay restitution in the amount of $271,465 and also will be liable for a forfeiture money judgment in that same amount. The Honorable Emmet G. Sullivan scheduled sentencing for July 22, 2022.
In court documents, Ballard admitted that she worked for the nonprofit organization in Washington, D.C., between August 2014 and December 2020, at which point she was fired for poor performance. She served as the organization’s Director of Finance.
From January 2015 through December 2020, Ballard embezzled $271,465 from the organization. She fraudulently wired organization funds to bank accounts that she controlled, intercepted credit card rewards checks issued to the organization, and then deposited those checks into a bank account she controlled, and fraudulently charged personal purchases on the organization’s credit card. On Nov. 5, 2020, she used the organization’s credit card to pay $24,694 in restitution to the Arlington County Circuit Court for a prior embezzlement scheme for which she was convicted in Virginia.
Ballard concealed her fraud from the organization by listing various beneficiary names on wire transfers and creating fake invoices, often using fake company names. She also forged the Executive Director’s signature on the credit card rewards checks before she deposited them.
In announcing the plea, U.S. Attorney Graves and Special Agent in Charge Jacobs commended those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialist Michon Tart and former Paralegal Specialist Angeline Thekkumthala. Finally, they commended the work of Assistant U.S. Attorney Kondi Kleinman, who prosecuted the case.
Florida Man Indicted for Wire Fraud, Bank Fraud, Money Laundering, and Aggravated Identity TheftRead the Press Release
GREENEVILLE, Tenn. - A federal grand jury in Greeneville returned a 15-count indictment on February 8, 2022, against Johntavis Rogers, 24, of Fort Myers, Florida, for wire fraud, bank fraud, money laundering, and aggravated identity theft. Rogers appeared in court on March 3, 2022, before U.S. Magistrate Judge Cynthia Richardson Wyrick and entered a plea of not guilty to the charges in the indictment. Rogers had previously been arrested in Fort Myers on February 18, 2022, and was released pending trial, which now has been set for August 16, 2022, in United States District Court, in Greeneville, Tennessee.
The indictment alleges that Rogers used interstate wire communications to defraud financial institutions. According to the indictment, Rogers contacted unsuspecting persons in the Eastern District of Tennessee through various social media platforms, such as Facebook, Messenger, and Instagram. Rogers would convince unsuspecting victims that he had discovered a way to legitimately deposit funds into their accounts with financial institutions and share the proceeds. When customers provided their account login information, the indictment alleges that Rogers would use online banking applications to deposit fraudulent checks into their accounts and then cause the transfer of proceeds from those checks to himself. The indictment alleges that the scheme affected six financial institutions in this area between March 2021 and August 2021.
If convicted of bank fraud, Rogers faces a term of 30 years in prison, a fine of $1 million, and up to five years on supervised release.
The investigation was led by the Federal Bureau of Investigation, Cyber Crime Task Force, the Criminal Investigative Division of the Tennessee Highway Patrol, and the White Pine Police Department.
Assistant U.S. Attorney Mac Heavener represents the United States.
Members of the public are reminded that the charges in the criminal complaint are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Fitchburg Man Sentenced for Cocaine ConspiracyRead the Press Release
BOSTON – A Fitchburg man was sentenced today in federal court in Worcester for his role in a cocaine distribution conspiracy.
Angel Cruz, a/k/a “Papo,” 62, was sentenced by U.S. District Court Judge Timothy S. Hillman to 50 months in prison and four years of supervised release. On Oct. 18, 2021, Cruz pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
In October 2016, Cruz dispatched a co-conspirator to deliver drug proceeds to a second co-conspirator in California. In exchange for the proceeds, Cruz orchestrated the delivery of nearly one kilogram of cocaine back to Fitchburg. Cruz rented a vehicle and provided cash to his co-conspirator for the trip. When returning to Fitchburg, law enforcement stopped Cruz’s co-conspirator in Ohio and found the cocaine concealed inside the rented vehicle. Phone records revealed that, prior to the stop, Cruz was in constant communication with his co-conspirator to make sure he was returning with cocaine.
United States Attorney Rachael S. Rollins; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Fitchburg Police Chief Ernest F. Martineau; Lunenburg Police Chief Thomas Gammel; and Colonel Richard S. Fambro, Superintendent of the Ohio State Highway Patrol made the announcement. Special assistance in the investigation was provided by the Drug Enforcement Administration, Detroit Division and the Merrimack (N.H.) and Concord (N.H.) Police Departments. Assistant U.S. Attorney John Mulcahy of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
Former Hamtramck Police Officer Charged with BriberyRead the Press Release
DETROIT - A federal criminal complaint was unsealed today charging a former Hamtramck Police Department officer with bribery, United States Attorney Dawn N. Ison announced. The charges were brought against Michael Stout, 60, of St. Clair Shores, who left the Hamtramck Police Department in 2020.
Ison was joined in the announcement by Acting Special Agent in Charge Josh P. Hauxhurst, Federal Bureau of Investigation, Detroit Division.
According to the criminal complaint, while working as an officer with the Hamtramck Police Department, Stout accepted bribes, including a vehicle and $1,500 in cash, from a towing company operator.
In return, Stout provided information from the Michigan Law Enforcement Information Network (or LEIN), a restricted law enforcement database, to the towing company operator. For instance, when the towing company operator told Stout that he was worried that a police vehicle had been following him, Stout called an unwitting employee to search LEIN so STOUT could provide the vehicle’s registration information to the towing company operator.
The bribery charge carries a maximum sentence of 10 years’ imprisonment and a fine of $250,000.
This is the sixth defendant charged as part of the government’s investigation known as “Operation Northern Hook.” Northern Hook is an investigation of corruption within the government and the Police Department of the City of Detroit relating to the towing industry and other matters.
The investigation of this case was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Steven P. Cares.
A criminal complaint is only a charging document and is not evidence of guilt.
Eugene Man Sentenced to Federal Prison for Role in Overdose Death of University of Oregon StudentRead the Press Release
EUGENE, Ore.—A Eugene man was sentenced to federal prison today for supplying a University of Oregon student with fentanyl-laced counterfeit Oxycodone pills that caused the student’s overdose death.
Micaiah Wendell Ray Hill, 21, was sentenced to 33 months in federal prison and 3 years’ supervised release.
According to court documents, in late December 2020, Emanuel “Manny” Dreiling, 20, an urban development student at the University of Oregon, died of a fatal overdose in his Eugene apartment. On December 24, 2020, officers from the Eugene Police Department responded to the scene and found a small baggie containing what appeared to be Oxycodone pills near Mr. Dreiling’s body. A toxicology report later confirmed Mr. Dreiling died of a fentanyl overdose.
A forensic analysis of Mr. Dreiling’s phone revealed text message conversations between Mr. Dreiling and a longtime friend wherein they discussed purchasing Oxycodone pills from another individual later determined to be Hill. Mr. Dreiling’s friend told investigators that he had been purchasing pills from Hill for nearly a year. Law enforcement soon identified Hill and a West Eugene home he used to distribute counterfeit Oxycodone. They also found evidence of Mr. Dreiling arranging to purchase and physically retrieving counterfeit pills from the same West Eugene home.
On December 31, 2020, law enforcement executed a state search warrant on the residence and arrested Hill. In an interview after his arrest, Hill admitted to selling the victim and others pills he suspected were counterfeit and contained fentanyl.
On April 14, 2021, Hill was charged by criminal complaint with possessing with intent to distribute fentanyl. On November 18, 2021, Hill waived indictment and pleaded guilty to the single charge.
U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the Eugene Police Department and the U.S. Drug Enforcement Administration. It was prosecuted by Joseph H. Huynh and Jeffrey S. Sweet, Assistant U.S. Attorneys for the District of Oregon.
In compliance with the Crime Victims’ Rights Act, the U.S. Attorney’s Office does not name victims in court filings or press releases to protect their dignity and privacy. In honor of Mr. Dreiling’s memory, Mr. Dreiling’s family specifically requested he be named in this release.
Opioid abuse affects communities across the nation. Provisional data from the Centers for Disease Control and Prevention (CDC) indicate that there were more than 100,000 drug overdoses in the U.S. during the 12-month period ending April 2021, an increase of nearly 29% from the previous 12-month period. Synthetic opioids (primarily fentanyl) accounted for more than three quarters of these deaths. Drug overdose continues to be the leading cause of injury or death in the U.S.
Fentanyl is a synthetic opioid 80 to 100 times more powerful than morphine and 30 to 50 times more powerful than heroin. A 3-milligram dose of fentanyl—a few grains of the substance—is enough to kill an average adult male. The availability of illicit fentanyl in Oregon has caused a dramatic increase in overdose deaths throughout the state.
If you or someone you know is in immediate danger, please call 911.
If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Erie Cocaine Dealer Sentenced to 5 Years in PrisonRead the Press Release
Erie, Pa. - A resident of Erie, Pennsylvania, has been sentenced in federal court to 60 months in jail on his conviction of violating federal drugs laws, United States Attorney Cindy K. Chung announced today.
United States District Judge Susan Paradise Baxter imposed the sentence on Joel Nicholas Gustave, Jr., 41, 3015 West 25th Street, Erie, Pennsylvania.
According to information presented to the court, on or about November 1, 2019, Gustave possessed 840.8 grams cocaine with the intent to distribute, a Schedule II controlled substance.
Assistant United States Attorney Paul S. Sellers prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation’s Erie Area Gang Law Enforcement (EAGLE), Safe Streets task force, which is comprised of investigators from the FBI, the United States Postal Service Office of Inspector General, the Pennsylvania State Police, the Erie Police Department, the Oil City Police Department, and the Titusville Police Department for the investigation leading to the successful prosecution of Gustave.
Dyer County Man Sentenced to Federal Prison for over 11 Years for Conspiracy to Possess with the Intent to Distribute over 50 Grams of Actual MethamphetamineRead the Press Release
Jackson, TN - David McNeely, 46, of Dyer County, has been sentenced to 140 months in federal prison for conspiring with others to distribute and possess with the intent to distribute over 50 grams of actual methamphetamine. Joseph C. Murphy Jr., United States Attorney, announced the sentence today.
According to information presented in court, in early 2017, Federal Bureau of Investigation (FBI) agents and Dyersburg Police Department (DPD) officers became aware of an ongoing drug trafficking organization in the West Tennessee area, specifically in and around Dyer County, Tennessee. The investigation revealed that the organization was trafficking large quantities of crystal methamphetamine (“ice”) and other controlled substances.
As a result, law enforcement officers developed further information from numerous sources which led to the execution of search warrants at target residences, stash houses, a storage unit, and for Facebook information, and text messages. To further the investigation, agents also conducted traffic stops, obtained information from confidential sources, and made controlled purchases from targets. Most of the crystal methamphetamine (“ice”) recovered was tested at Drug Enforcement Administration (DEA) laboratories and was determined to be 98% pure.
The targets of the investigation were David McNeely and co-defendants Christopher Faulcon, Tommy Taylor, Damien Nixon, Patricia Wilson, Elisha Kirk, and William Hardy. The investigation revealed that during the conspiracy, David McNeely purchased large quantities of crystal methamphetamine (“ice”) from Damien Nixon and was one of Nixon’s “best customers.” McNeely also bought large amounts of crystal methamphetamine from Tommy Taylor and Christopher Faulcon, and he sold methamphetamine to Elisha Kirk and many others.
On August 15, 2017, law enforcement officers executed a search warrant at McNeely’s residence in Dyersburg. Officers found multiple bags containing approximately seven grams of marijuana and approximately 4 grams of crystal methamphetamine (“ice”). Officers also discovered five rounds of 9mm ammunition in the living room and $283 in cash on McNeely's person. Later tested at the DEA laboratory, the crystal methamphetamine (“ice”) was determined to weigh 3.47 grams (net) and was 92% pure.
McNeely waived his Miranda rights and agreed to speak with law enforcement officers. McNeely admitted that he had been buying and selling large quantities of crystal methamphetamine for several years. Based on his own admissions, McNeely was held responsible for distributing between 500 grams and 1.5 kilograms of actual methamphetamine (“ice”).
On February 9, 2022, United States District Judge J. Daniel Breen sentenced McNeely to 140 months' imprisonment, to be followed by five years of supervised release. There is no parole in the federal system.
McNeely is the next to last defendant in this case to be sentenced. The only remaining defendant, Tommy Taylor, has entered a guilty plea and is scheduled to be sentenced on March 31, 2022.
This case was investigated by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Dyersburg Police Department.
Assistant United States Attorneys Josh Morrow and Jerry Kitchen prosecuted this case on behalf of the government.
###Dunbar Man Ordered to Pay over $70,000 for Defrauding Local Non-profitRead the Press Release
CHARLESTON, W.Va. – A Dunbar man was sentenced to two years of federal probation and ordered to pay over $70,000 in restitution for defrauding a community caretaking non-profit that serves the West Dunbar, Institute, and Pinewood areas. The non-profit provides those communities with important services such as neighborhood clean-ups, pothole filling and road paving, senior citizen events, landscaping and grass cutting in common areas, the installation and maintenance of approximately 200 streetlights to deter crime and promote safety.
According to court documents, Walter Greenhowe, 73, was President of the non-profit from 2014 through 2018. While serving as President, Greenhowe engaged in a scheme to defraud the non-profit of approximately $130,349.07 by using the organization’s debit card to obtain cash for his personal use at roadside gaming parlors in and around Dunbar, Nitro, St. Albans, Cross Lanes, and South Charleston. These cash withdrawals often occurred late at night or in the early morning hours. Greenhowe admitted these transactions were unauthorized and unapproved by the non-profit.
Greenhowe also admitted that in 2017, during the course of his debit card fraud, he obtained a $25,000 donation check from a chemical company in Institute. Greenhowe did not turn this check over to the non-profit and instead opened a bank account under the non-profit’s name at a different bank than the one regularly used by the non-profit. Greenhowe deposited the donated check into the account and then withdrew the funds in cash over the course of three months.
Representatives of the non-profit and community members were present at the sentencing hearing today and addressed the Court directly. They expressed their need for restitution so that their organization could be restored to financial solvency as soon as possible to continue serving the citizens of the West Dunbar, Institute, and Pinewood communities.
The Court acknowledged the non-profit’s desire to restore itself to financial solvency and ordered Greenhowe to pay restitution of $70,349.07. Greenhowe previously repaid approximately $85,000 to the non-profit prior to the discovery of his fraud.
United States Attorney Will Thompson made the announcement and commended the investigative work of the West Virginia State Police, West Virginia Commission on Special Investigations, and the Litigation Financial Analyst with the U.S. Attorney’s Office.
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Kristin F. Scott prosecuted the case. Assistant United States Attorney Jessica Nathan of the U.S. Attorney Office’s Financial Litigation Unit is coordinating restitution.
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. 2:21-cr-00133.
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