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Friday 25 February 2022
Harrisburg Man Charged with Access-Device Fraud and Identity TheftRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Amisial Elveus, 31, of Harrisburg, Pennsylvania, was indicted on February 23, 2022, by a federal grand jury with access-device fraud and aggravated identity theft offenses.
According to U.S. Attorney John C. Gurganus, the indictment alleges that from July 6, 2020 until on or about November 6, 2020, in the Middle District of Pennsylvania, Elveus obtained and used another person’s credit card account number and obtained a $1,000 or more by using one or more unauthorized access devices.
The case was investigated by the United States Secret Service and the Lower Paxton Township Police Department. Assistant U.S. Attorney Christian T. Haugsby is prosecuting the case.
The maximum penalty under federal law for the charged offenses is imprisonment for up to 12 years, up to three years 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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Grand Jury - February 2022Read the Press Release
United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 18 unsealed Indictments charging 19 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Kenneth Brinton, age 64, is charged in a three-count Indictment. Count I charges Brinton with production of child pornography between on or about June 22, 2015 and continuing to on or about March 19, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $55,000 additional special assessment. Count II charges Brinton with production of child pornography between on or about September 16, 2016 and continuing to on or about July 31, 2017. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $55,000 additional special assessment. Count III charges Brinton with possession of child pornography on or about August 30, 2018. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $22,000 additional special assessment.
* Jared B. Cain, age 40, of Phoenix, Arizona, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) and 50 grams or more of methamphetamine (actual) on or about November 11, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* David Cantu a/k/a/ Eswin Lopez, age 29, is charged in a three-count Indictment. Count I charges Cantu with false claim of citizenship on or about August 22, 2020. The maximum possible penalty if convicted is 3 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Count II charges Cantu with false representation of a Social Security number on or about August 22, 2020. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count III charges Cantu with aggravated identity theft on or about August 22, 2020. The maximum possible penalty if convicted is 3 years’ imprisonment consecutive to Counts I and II, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Saheed B. Dairo, age 39, is charged in a seven-count Indictment. Count I charges Dairo with bank fraud beginning on or about August 22, 2020. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Counts II and III charge Dairo with bank fraud beginning on or about November 16, 2020 and continuing to on or about November 18, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive to Count I, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Counts IV-VI charge Dairo with aggravated identity theft on or about August 22, 2020 and continuing to on or about November 18, 2020. The maximum possible penalty if convicted is 2 years’ imprisonment consecutive to Counts I-III, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment. Count VII charges Dairo with transfer of identification document on or about August, 2020 to on or about November, 2020. The maximum possible penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Javier Diaz, Jr., age 30, of Bellevue, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about January 1, 2021 and continuing to on or about January 18, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Zachary D. Ellis, age 27, of Hastings, Nebraska, is charged in a two-count Indictment. Count I charges Ellis with distribution of methamphetamine on or about June 3 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Ellis with distribution of 50 grams or more of methamphetamine (actual) on or about June 7, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Daisy Flores, age 20, and Teresa P. Martinez, age 45, are charged in a two-count Indictment. Count I charges Flores and Martinez with possession with intent to distribute of 500 grams or more of methamphetamine (mixture) on or about February 6, 2022. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a life term of supervised release, and a $100 special assessment. Count II charge Flores and Martinez with possession with intent to distribute marijuana on or about February 6, 2022. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Jorge Francisco-Mateo a/k/a Sanchez Gonzalez-Jacinto, age 26, is charged with reentry of a removed alien after having been convicted of a felony on or about January 8, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Christopher Groth, age 38, of Gretna, Nebraska, is charged in a three-count Indictment. Count I charges Groth with production of child pornography between on or about September, 2020 and continuing to on or about December, 2020. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $55,000 additional special assessment. Count II charges Groth with transportation of child pornography on or about February 2, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $40,000 additional special assessment. Count III charges Groth with possession of child pornography on or about June 3, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $22,000 additional special assessment.
* Kurt D. Heckenliable, age 50, of Geneva, Nebraska, is charged with possession with intent to distribute 500 grams or more of methamphetamine (mixture) and 50 grams or more of methamphetamine (actual) on or about September 22, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment.
* Robert James Kotschwar, age 32, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Kotschwar with possession with intent to distribute of 5 grams or more of methamphetamine (actual) on or about April 6, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, a $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment. Count II charges Kotschwar with felon in possession of a firearm on or about December 29, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Mylon Mayfield, age 24, of Omaha, Nebraska, is charged with concealing a person from arrest on or about January 28, 2022. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Karre Christine O’Dell, age 42, of Craig, Colorado, is charged in a two-count Indictment. Count I charges O’Dell with possession with intent to distribute of 5 grams or more of methamphetamine (mixture) on or about October 15, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, a $5,000,000 fine, a four-year term of supervised release, and a $100 special assessment. Count II charges O’Dell with possession of a document-making implement or authentication feature on or about October 15, 2021. The maximum possible penalty if convicted is 15 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Isaias Perez Cantu, age 42, is charged with reentry of a removed alien after an aggravated felony on or about January 26, 2022. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Carlos Ramirez Bonilla, a/k/a Carlos Bonilla Ramirez, a/k/a Jose Trevino Garza, a/k/a Augimiro De La Cruz Gallegos, age 50, is charged with reentry of a removed alien after an aggravated felony on or about September 16, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Traynell D. Toney, age 28, of Omaha, Nebraska, is charged in a two-count Indictment. Counts I and II charge Toney with bank robberies on or about December 20, 2021 and December 31, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Trejo Acosta, age 37, is charged with reentry removed alien after aggravated felony conviction on or about February 7, 2022. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Ricky A. Wynn, age 39, of Council Bluffs, Iowa, is charged in a two-count Indictment. Count I charges Wynn with unlawful possession of unregistered destructive device on or about January 30, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Wynn with transport of explosive materials with intent to injure on or about January 30, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Georgia Man Is Convicted of Trafficking MethamphetamineRead the Press Release
CHARLOTTE, N.C. – A federal jury in Statesville has convicted Da Lee, 37, of Lawrenceville, Georgia, of trafficking methamphetamine and marijuana in Western North Carolina, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
According to filed court documents, trial evidence, and witness testimony, from 2018 to July 2020, Lee and his co-defendant, Paul Mark James, 52, of Hickory, North Carolina, conspired to distribute methamphetamine in and around Catawba County. Court records show that law enforcement investigating James’s drug distribution activities in Hickory determined that James frequently traveled out of state to purchase methamphetamine from his supplier in Georgia, later identified as Lee. According to trial evidence, in July 2020, law enforcement executed a search warrant at Lee’s Georgia residence, from which they seized a firearm, four pounds of marijuana, and more than $7,900 in cash. Trial evidence also established that, over the course of the conspiracy, Lee was responsible for supplying James with more than two pounds of methamphetamine.
The jury convicted Lee of conspiracy to distribute and to possess with intent to distribute marijuana and 50 grams or more methamphetamin, possession with intent to distribute marijuana, and possession with intent to distribute 50 grams or more of methamphetamine. James has pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute marijuana and 50 grams or more of methamphetamine, two counts of distribution of methamphetamine, and possession with intent to distribute marijuana and methamphetamine. Both Lee and James are awaiting sentencing.
In making today’s announcement, U.S. Attorney King commended the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Catawba County Sheriff’s Office for their investigation of the case.
Assistant United States Attorneys Chris Hess and Taylor Stout are prosecuting the case.
Four Men from the Enterprise Area Arrested on Federal Gun ChargesRead the Press Release
Montgomery, Alabama – Today, the U.S. Attorney’s Office for the Middle District of Alabama, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Enterprise Police Department, announce that four individuals were arrested on February 23, 2022, following federal indictments on unrelated gun charges.
- Everett Santell Hornsby, 40, from Enterprise, Alabama was indicted on two counts of being a felon in possession of a firearm.
- Carneilrous Flucker, 30, from Daleville, Alabama was indicted for being a felon in possession of a firearm.
- Alex Tyrone McNair, 48, from Enterprise, Alabama was indicted for being a felon in possession of a firearm and being in possession of a firearm with an obliterated serial number.
- Darrell Darnell Thomas, 39, from Enterprise, Alabama was indicted for being a felon in possession of a firearm.
An indictment is merely an allegation that a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
All individuals named above made their initial appearance in federal court in Montgomery on the same day they were arrested. If convicted, each of the accused are facing a maximum sentence of ten years in prison. There is no parole in the federal system.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement to develop effective, locally based strategies to reduce violent crime.
United States Attorney Sandra J. Stewart would like to thank the Enterprise Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for investigating these cases, with assistance from the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force. Assistant U.S. Attorneys Justin Jones, Russell Duraski, Stephen Moulton, and Eric Counts are prosecuting the cases.
Founder of Fraudulent Cryptocurrency Charged in $2 Billion BitConnect Ponzi SchemeRead the Press Release
Assistant U. S. Attorneys Daniel C. Silva, Mark W. Pletcher, Lisa Sanniti, and Carl Brooker
NEWS RELEASE SUMMARY – February 25, 2022
SAN DIEGO – A federal grand jury returned an indictment today charging Satishkumar Kurjibhai Kumbhani, a citizen and resident of India, with multiple crimes for his alleged role in a massive criminal conspiracy involving the cryptocurrency company he founded, BitConnect.
The indictment alleges that Kumbhani and his co-conspirators defrauded global investors of over $2 billion—believed to be the largest cryptocurrency fraud ever charged. This indictment follows the September 2021 guilty plea by BitConnect’s lead U.S. promoter, Glenn Arcaro (21-CR-2542-TWR).
The indictment alleges that BitConnect was a textbook Ponzi scheme. BitConnect solicited investors to use its “Lending Program,” which touted BitConnect’s purported proprietary technology, known as the “BitConnect Trading Bot” and “Volatility Software,” as being able to generate substantial profits and guaranteed returns. The indictment alleges that in reality, the purported technologies generated no such profits, and merely functioned as a cover for the Ponzi scheme. In sum, earlier BitConnect investors were paid with money from later investors to promote the fraudulent scheme.
As part the criminal conspiracy, Kumbhani was further charged with a separate conspiracy seeking to commit commodities price manipulation for his attempt to artificially inflate the price of BCC and create the illusion of increased demand for BCC when the criminal scheme began to unravel. The commodities price manipulation conspiracy is believed to be the first time any cryptocurrency has been alleged to function as a commodity.
Furthermore, Kumbhani was charged with operating an unlicensed money transmitting business. To participate in the alleged Ponzi scheme that was BitConnect, unwitting BCC investors were required to use Bitcoin to purchase BCC on the “Bitconnect Exchange.” The BCC Exchange thus functioned to separate investors from the more widely used Bitcoin in exchange for the nascent BCC, which the investors could “lend” back to BitConnect to generate purported profits for the investor through the use of the above-mentioned BitConnect Trading Bot and Volatility Software.
Lastly, Kumbhani was charged with an international money laundering conspiracy for conducting global transfers of Bitcoin and BCC to global investors and cryptocurrency purchasers—all of which were proceeds of the alleged wire and securities fraud.
“This indictment alleges a massive cryptocurrency scheme that defrauded investors of more than $2 billion,” said U.S. Attorney Randy Grossman. “The U.S. Attorney’s Office and our law enforcement partners are committed to pursuing justice for victims of cryptocurrency fraud.” Grossman thanked the prosecution team and law enforcement partners around the world who assisted with this investigation. Assistant U.S. Attorneys Daniel C. Silva, Mark W. Pletcher, Lisa Sanniti, and Carl Brooker, in partnership with Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section, lead this ongoing investigation.
“Crime, particularly crime involving digital currencies, continues to transcend international boundaries,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The department is committed to protecting victims, preserving market integrity, and strengthening its global partnerships to hold accountable criminals engaging in cryptocurrency fraud. We thank our partners around the world for their continued efforts.”
“Today's indictment reiterates the FBI’s commitment to identifying and addressing bad actors defrauding investors and sullying the ability of legitimate entrepreneurs to innovate within the emergent cryptocurrency space,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Dressing up a tried-and-true fraud scheme with a new twist and basing it overseas will not deter the resolve and dedication of the FBI to meticulously investigate and bring such fraudsters to justice."
“As cryptocurrency gains popularity and attracts investors worldwide, fraudsters are utilizing increasingly complex schemes to defraud investors, oftentimes stealing millions of dollars,” said Special Agent in Charge Ryan L. Korner of the IRS Criminal Investigation’s (IRS-CI) Los Angeles Field Office. “However, make no mistake, our agency will continue our long tradition of following the money, whether physical or digital, to expose criminal schemes and hold the fraudsters accountable for their illegal acts of trickery and deceit.”
All investor victims of the BitConnect fraud are encouraged to visit the following webpage - https://www.justice.gov/usao-sdca/us-v-glenn-arcaro-21cr02542-twr for information on their rights as a victim, the ability to submit a victim impact statement, and to identify themselves as a potential victim.
U.S. Attorney Grossman thanked the Department of Justice’s Office of International Affairs and law enforcement partners around the world who assisted and continue to assist on this investigation. Assistant U.S. Attorneys Daniel C. Silva, Mark W. Pletcher, Lisa Sanniti, and Carl Brooker, in partnership with Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section, lead this ongoing investigation.
DEFENDANT
Satishkumar Kurjibhai Kumbhani Surat, Gujarat, India Age: 36
SUMMARY OF CHARGES
Conspiracy to Commit Wire Fraud—Title 18, U.S.C., Section 1349
Maximum penalty: Twenty years in prison, forfeiture, restitution, and $250,000 fine
Wire Fraud—Title 18, U.S.C., Section 1343
Maximum penalty: Twenty years in prison, forfeiture, restitution, and $250,000 fine
Conspiracy—Title 18, U.S.C., Section 371
Maximum penalty: Five years in prison, and $250,000 fine
Operation of Unlicensed Money Transmitting Business—Title 18, U.S.C., Section 1960
Maximum penalty: Five years in prison, forfeiture, and $250,000 fine
Money Laundering Conspiracy—Title 18, U.S.C., Section 1956(h)
Maximum penalty: Twenty years in prison, forfeiture, and $250,000 fine
AGENCIES
FBI
IRS-Criminal Investigation
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Fort Collins Man Sentenced for Distributing Fentanyl Resulting in DeathRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Ernesto Ibarra Jr., age 45, of Fort Collins, was sentenced to 175 months in federal prison for distributing fentanyl resulting in death. After his term of incarceration, Ibarra will have three years on supervised release.
According to the plea agreement, on September 26, 2017, police and emergency medical services responded to a home in Fort Collins and found a man deceased on a bathroom floor. Next to the man, police found a syringe, a spoon with liquid and what appeared to be a partially dissolved blue pill, and another fully intact pill, which was round and blue, bore the imprints “M” and “30,” and resembled a prescription oxycodone pill. The Office of the Larimer County Coroner/Medical Examiner determined the man died from “acute fentanyl toxicity.” The two blue pills found at the scene were submitted for laboratory analysis and, despite the imprint, color, and shape of the intact blue pill being consistent with prescription oxycodone, the lab determined the only controlled substance in both pills was fentanyl.
A thorough investigation by the Federal Bureau of Investigation and Fort Collins Police Services revealed Ibarra sold the man the fentanyl pills which resulted in his death. Ibarra used Facebook to communicate with the man and sold him pills which appeared to be prescription opioids several times in the days leading up to the man’s death, including the transaction for the lethal fentanyl pills the day before the man was found dead.
In the plea agreement, Ibarra also admitted to dealing pills to a second man who also died of a fentanyl overdose approximately two days after buying pills from Ibarra. However, in that instance, the evidence was not sufficient to prove the defendant dealt the fentanyl which killed the second man.
“Fentanyl pills disguised as prescription drugs are pervasive and leading to an unprecedented number of overdose deaths,” said U.S. Attorney Cole Finegan. “Even one pill containing fentanyl can end a life. Please stay away from any pill that you haven’t obtained directly from a pharmacist. Your life depends on it.”
“The FBI is focused on building safe communities and keeping them free of dangerous drug trafficking,” said FBI Denver Special Agent in Charge Michael H. Schneider. “This sentence reflects the dedicated efforts of law enforcement and the determination with which we are investigating, disrupting and deterring the distribution of illegal and potentially deadly drugs into our neighborhoods. We are grateful to the Fort Collins Police Services and the U.S. Attorney's Office for their partnership and collaboration in this investigation.”
United States District Court Chief Judge Philip A. Brimmer sentenced Ibarra on February 18, 2022.
The Federal Bureau of Investigation and Fort Collins Police Services conducted the investigation. Assistant United States Attorney Peter McNeilly handled the prosecution of the case.
Case number: 19-cr-074
Former Members of Tribal Leadership Sentenced for Multimillion Dollar Embezzlement SchemeRead the Press Release
SACRAMENTO, Calif. — Three former leaders of the Paskenta Tribe of Nomlaki Indians were sentenced today for a conspiracy to embezzle or steal from a tribal organization, as well as tax fraud and tax evasion offenses, U.S. Attorney Phillip A. Talbert announced.
U.S. District Judge John A. Mendez sentenced John A. Crosby, 56, of Redding, to four years and nine months in prison and to pay a $10,000 fine; Ines S. Crosby, 76, of Orland, to four years and nine months years in prison; and Leslie A. Lohse, 67, of Glenn, to three years and five months in prison. Lohse has paid $902,208 in restitution prior to today’s sentencing hearing. A hearing will be held on April 19, 2022, to determine the amount of restitution John Crosby and Ines Crosby will pay.
According to court documents, from approximately January 2009 through May 2014, the defendants took millions of dollars from the Paskenta Tribe of Nomlaki Indians without tribal or legal authority, taking advantage of their positions on the Tribal Counsel and in prominent leadership positions in the tribe. The defendants used this embezzled money to: buy homes; build swimming pools, decks and koi ponds at their personal residences; purchase vehicles; go on luxury vacations (including trips to Africa, South America, and Hawaii, as well as private and chartered jet travel); buy high-value entertainment; pay familial expenses; and purchase precious metals. John Crosby and Leslie Lohse did not declare these embezzled amounts on their respective tax returns as income, while Ines Crosby intentionally failed to file tax returns between 2010 and 2014. All three individuals then took a series of steps to attempt to conceal their actions: they created a written employment agreement in 2014 that appeared to be from 2001 and purported to authorize their use of Tribal funds, and then told federal investigators that the document was from 2001, knowing at the time that that was not true.
“The defendants lived a lavish lifestyle at the expense of the Paskenta Tribe of Nomlaki Indians and were undeterred by the damage their conduct would bring to the Tribe, whose members trusted them with most of their crucial operational positions,” said U.S. Attorney Talbert. “The defendants’ criminal conduct occurred on a regular basis over a period of many years. Today’s sentences should send a strong message to other would-be criminals of the consequences for serious white-collar crime.”
“The emotional and financial damage these defendants have caused to the Tribe cannot be undone. Not only did the defendants steal millions of dollars to line their pockets and failed to report their ill-gotten gains, but their actions also eroded Tribe members’ faith in their government, causing fear and distrust,” stated IRS-Criminal Investigation Special Agent in Charge Mark H. Pearson. “IRS-Criminal Investigation will not standby and tolerate this type of criminal conduct. We remain committed to ensuring those in positions of power are held accountable when that position is exploited for personal gain.”
“These defendants abused the trust of their own tribe and community, diverting millions of dollars from tribal accounts to fund lavish, unauthorized personal expenditures rather than help tribe members,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “This case exemplifies our commitment to conducting thorough investigations and working with our law enforcement partners to ensure justice for crime victims. We thank IRS Criminal Investigation for their strong, continued partnership and commitment to collaborating with us to seek justice for victims of white collar crime.”
This case was the product of an investigation by the IRS-Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Christina McCall prosecuted the case.
Former Amtrak Employee Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that KENYA BUTLER-SMALL pleaded guilty on February 23, 2022 to two counts of wire fraud for conduct that occurred while she was employed by Amtrak as an On-board Services Train Attendant.
One wire fraud count relates to a scheme in which BUTLER-SMALL recruited more than 40 victims to spots on a purported June 2019 trip from New Orleans to New York City. BUTLER-SMALL told the victims that she had booked roundtrip Amtrak train travel for the trip, as well as activities, such as shows and museum visits. In truth, BUTLER-SMALL had not booked the Amtrak travel or the activities. When the date of the trip approached, BUTLER-SMALL told the victims, from whom she had taken a total of approximately $23,000 to $26,000, that Amtrak had canceled the trip because an incident occurred in which one of the trip’s passengers assaulted an Amtrak employee and made a bomb threat. In truth, no such incident had occurred.
The other wire fraud count is related to a scheme in which BUTLER-SMALL submitted fraudulent sick benefit claims to the Railroad Retirement Board, a federal agency that provides benefits to Amtrak employees. BUTLER-SMALL claimed that she was too sick to work when, in truth, she was working another job. This caused the government to pay BUTLER-SMALL approximately $4,679 in sick benefits for days she falsely claimed to have been unable to work.
BUTLER-SMALL is scheduled to be sentenced on June 15, 2022, by U.S. District Judge Sarah S. Vance. The maximum penalties for each count are up to 20 years imprisonment, up to three years of supervised release, a fine of up to $250,000, and a $100 mandatory special assessment fee.
This case was investigated by the Amtrak Office of Inspector General and the Railroad Retirement Board Office of Inspector General. Assistant U.S. Attorney Chandra Menon is in charge of the prosecution.
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Five defendants charged in drug conspiracy operating in Pawley’s IslandRead the Press Release
GEORGETOWN, SOUTH CAROLINA — A joint team of federal and local law enforcement officers recently arrested three individuals who have been charged in federal court in connection with a drug trafficking organization that operated in and around Pawley’s Island. Two others charged remain at large.
The recently unsealed indictment charges each of these defendants with conspiracy to possess with intent to distribute and to distribute heroin, fentanyl, and cocaine. Additionally, several defendants are charged with specific instances of drug distribution and one of the defendants has been charged with various firearms offenses. The following defendants have been arrested:
- ANDREW CLIFFORD WEST, JR., a/k/a “Drew,” 36, of Pawley’s Island was charged with conspiring to distribute a quantity of heroin, a quantity of fentanyl and 500 grams or more of a mixture or substance containing a detectable amount of cocaine. If convicted, West faces between 5 and 40 years in prison.
- MAKEON JALIK HOLMES, a/k/a “Keon,” 22, of Pawley’s Island was charged with conspiring to distribute a quantity of heroin and a quantity of fentanyl. If convicted, Holmes faces up to 20 years in prison.
- BRADFORD DALE ROGERSON, a/k/a “Furley,” 47, of Pawley’s Island was charged with conspiring to distribute a quantity of heroin and a quantity of cocaine. Rogerson is also charged with illegally possessing firearms and ammunition as an unlawful user of a controlled substance, and with possessing firearms in furtherance of drug trafficking. If convicted, Rogerson faces between 5 years and Life Imprisonment.
Two defendants are currently fugitives: ERNEST ARTHUR BRYANT, III, 35, of Pawleys Island, and DAVID MIKLE SYNDAB, 62, of Pawleys Island.
“This case showcases this office’s continuing effort to protect the people of South Carolina,” said U.S. Attorney Corey F. Ellis. “Along with our federal, state, and local partners, we ae committed to identifying, arresting, and prosecuting organizations that traffic in dangerous narcotics. It is especially dangerous when these drug trafficking organizations use firearms.”
“Heroin, fentanyl, and cocaine are dangerous drugs that pose a clear and present danger to the community,” said Robert J. Murphy, the Special Agent in Charge of the Drug Enforcement Administration (DEA) Atlanta Field Division. “Because of the collective law enforcement efforts, these poly-drug traffickers were arrested. This case is a shining example of what can be achieved when DEA and its law enforcement partners present a united front to protect our communities from the scourge of drug abuse.”
During the investigation into this drug trafficking organization, agents seized thousands of dollars’ worth of cocaine, heroin, fentanyl, methamphetamine, and several firearms.
The case was investigated by the DEA, with assistance from the Georgetown County Sheriff’s Office and the Horry County Police Department.
The United States Attorney stated that all charges in this indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Federal Jury Convicts Miami Man for Assaulting and Paralyzing a Vo-Tech ClassmateRead the Press Release
A man was convicted Friday in federal court for paralyzing a fellow student when he picked him up and slammed him head-first onto the ground during a surprise attack in 2017, announced U.S. Attorney Clint Johnson.
A federal jury found Jace Christian Williams, 23, of Miami, Oklahoma, guilty of maiming in Indian Country. The defendant also opted to plead guilty just before closing arguments to the charge of assault resulting in serious bodily injury in Indian Country.
“Jace Williams’ anger and ego led to an assault that paralyzed his victim. His conduct was intentional, violent and criminal,” said U.S. Attorney Clint Johnson. “The FBI, Ottawa County Sheriff’s Office and federal prosecutors are to be commended for their investigation and prosecution of this case.”
The victim and defendant knew one another and attended the same technical school in Afton. In the days leading up to the crime, Williams expressed anger toward the victim because he felt the victim had interfered and ruined Williams’ chances of having a sexual encounter with two women. The defendant shared his frustration with fellow classmates. Williams told one student that he was going to make sure the victim couldn’t “use his arms or legs for five months.”
On Nov. 3, 2017, another classmate drove Williams and two friends to watch a fight that was slated to happen between two different men at E. 200 Rd in Afton. The driver sat in his truck and scrolled through his phone after arriving. The victim and multiple other students also drove to the location to watch the fight.
As the victim and other students assembled in a circle waiting for the fight to begin, multiple witnesses from different vantage points saw Williams suddenly approach the victim from behind in a surprise attack.
Before the victim could turn around, Williams wrapped his arms around the victim’s body, lifted him backward and slammed him head-first onto the ground. The maneuver was similar to what is commonly referred to as a “suplex.” Once the victim was on the ground then on his stomach, Williams proceeded to punch the victim in the back repeatedly then spat on him.
Williams’ two friends then returned to the truck and told the driver Williams had jumped the victim and that it was bad. Soon after, Williams entered the truck, breathing heavily, and demanded the driver take him home. The driver testified that Williams ripped off his own shirt and bragged that what he had done to the victim was “fun” and that he wanted to do it again. The driver said he feared the defendant at that point and complied.
A witness to the crime called 911 and waited for paramedics to arrive. The victim was transported to a hospital in Joplin, Missouri. The victim sustained a C6-7 fracture-subluxation with bilateral locked facets and paralysis as a result of the injuries inflicted by Williams. The victim remains paraplegic.
The crime occurred within the boundaries of the Cherokee Nation reservation. The FBI and Ottawa County Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Richard M. Cella and Brandon A. Skates are prosecuting the case.
Federal Grand Jury B Indictments Announced- February 2022Read the Press Release
United States Attorney Clint Johnson today announced the results of the February 2022 Federal Grand Jury B.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Earl Dean Baker III. Aggravated Sexual Abuse by Force and Threat in Indian Country (Count 1); Sexual Abuse by Threat and Fear in Indian Country (Count 2); Felon in Possession of a Firearm and Ammunition (Counts 3,4); Possession of Methamphetamine with Intent to Distribute (Count 5) (superseding). Baker, 33, of Tulsa, allegedly raped and threatened a woman on Nov. 3, 2021. In this superseding indictment, he is further charged with two counts of being a felon in possession of a firearm and ammunition. He possessed Taurus 605 Protector Poly .38 SPL+P caliber revolver on June 21, 2021, and a SCCY CPX-2 9mm caliber semi-automatic pistol on Aug. 9, 2019. Finally he is charged with being in possession of methamphetamine with intent to distribute. The FBI, Tulsa Police Department, and Muscogee Nation Lighthorse Police Department are the investigative Agencies. Assistant U.S. Attorney Julie A. Childress is prosecuting the case. 22-CR-02
Zane Paul Bennett. Unlawfully Making a Destructive Device. Bennett, 20, of Broken Arrow, is alleged to have knowingly and unlawfully made a destructive device, described as cardboard tubes secured together with black roofing tape, having a cannon fuse attached, and containing a pyrotechnic explosive and shrapnel consisting of rivets, fishhooks, and screws. The device was found on Jan. 24, 2022, during a traffic stop. The Bureau of Alcohol, Tobacco, Firearms and Explosives, Broken Arrow Police Department, Tulsa Police Department and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorneys Robert T. Raley and Christopher J. Nassar are prosecuting the case. See Complaint press release here. 22-CR-56
Kevin Lynn Greer. Felon in Possession of a Firearm; Possession of Marijuana with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Receipt and Distribution of Child Pornography; Possession of Child Pornography in Indian Country (superseding). Greer, 50, of Collinsville, is newly charged in this superseding indictment with knowingly receiving and distributing images and video files of minors engaging in sexually explicit conduct and with knowingly possessing and accessing the child sexual abuse material. Greer is also charged with being a felon in possession of two Remington 30-06 caliber rifles, a DoubleStar Corp 5.56mm caliber rifle, a Ruger .380 caliber pistol, a Smith & Wesson .45 auto caliber pistol, a Ruger 9mm pistol, a Taurus .357 Magnum caliver revolver, and 674 rounds of ammunition. He is further charged with possession with intent to distribute less than 50 kilograms of marijuana on Nov. 10, 2021. Finally, he is charged with possessing the firearms to further his illegal marijuana operation. The FBI executed federal search warrants on Greer’s Collinsville home and business on Nov. 10, 2021. According to a criminal complaint, agents located the firearms, ammunition and 4 kilograms of marijuana packaged in 41 plastic bags. The FBI is the investigative agency. Assistant U.S. Attorney Alex M. Scott is prosecuting the case. 21-CR-527
Britney Kay Hays. Financial Institution Fraud (1-4); Mail Fraud (Count 5); False Statements (Counts 6-10); Aggravated Identity Theft (Count 15); Failure to Appear (Count 16) (superseding). Hays, 29, of Tulsa, is newly charged in this superseding indictment with failing to appear for a pre-trial conference scheduled for Jan. 5, 2022, in federal court. Hays allegedly carried out a scheme to enrich herself. She fraudulently opened various accounts with another individual’s personal identifying information, such as date of birth, social security number and address, to conduct financial transactions on the internet or to make in-person purchases using debit or credit cards issued for the opened accounts. Hays further forged checks addressed to herself for deposit at various financial institutions or unlawfully paid to others on her behalf. Hays used the fraudulently opened accounts to conduct a series of purchases and transactions which caused an aggregate loss in the approximate total amount of at least $11,024.03. The U.S. Postal Inspection Service is the investigative agency. Assistant U.S. Attorney David D. Whipple is Prosecuting the case. 21-CR-360
Robert William Perry II. Aggravated Sexual Abuse of a Minor Under 12 in Indian Country; Abusive Sexual Contact of a Minor in Indian Country (superseding). Perry II, 31, is charged with sexually abusing a child under 12 years of age from May 6, 2017, to May 15, 2018. In this superseding indictment, count one has been updated to reflect the minor was under 12 years of age. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Alex M. Scott and Valeria G. Luster are prosecuting the case. 20-CR-218
Jose Luis Suazo-Martinez. Unlawful Reentry of a Removed Alien. Martinez, 21, of Tulsa, is charged with unlawfully reentering the United States after he was previously removed on July 15, 2020, at or near Dallas, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Charles M. McLoughlin is prosecuting the case. 22-CR-54
Miguel Angel Tapia-Teran. Possession of Methamphetamine with Intent to Distribute; Possession of Cocaine with Intent to Distribute. Tapia-Teran, 33, of Hermosillo, Mexico, is charged with knowingly possessing with intent to distribute 500 grams or more of methamphetamine on Jan. 25, 2022. He is further charged with knowingly possessing with intent to distribute 500 grams of cocaine the same day. The Drug Enforcement Administration and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorneys Joel-lyn A. McCormick and Leah Paisner are prosecuting the case. 22-CR-50
Russell Wayne Toppah. Sexual Abuse of an Incapable Victim in Indian Country. On July 18, 2016, Toppah, 47, of Tulsa, knowingly sexually assaulted a victim who was incapacitated and incapable of providing consent. The FBI and Tulsa County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Melody Noble Nelson is prosecuting the case. 22-CR-53
Xiao Yang Zhang. Drug Conspiracy (Count 1) Smuggling Goods into the United States (Counts 2,4,6); Importation of Ketamine (Counts 3,5, 7) Zhang, 28, a Chinese citizen living illegally in the United States, is charged with knowingly and intentionally conspiring with others to possess with the intent to distribute ketamine. Zhang is alleged to have fraudulently and knowingly caused the drug to be brought into the United States. Various packages were allegedly mailed to Zhang disguised as retail goods but also contained hidden ketamine. The packages were intercepted on March 24, 25, and 30. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Customs and Border Protection are the investigative agencies. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 21-CR-329
Father and Son Sentenced to Federal Prison for Scheme to Transport A Minor Child Between Croatia and Florida for the Purpose of Engaging in Illicit Sexual ConductRead the Press Release
Tampa, Florida – U.S. District Judge Virginia Hernandez-Covington has sentenced Jordan Jysae Pulido (27, Trinity) to 10 years in federal prison, and his father, Roberto Santana Jimenez (62, Trinity) to 20 years in federal prison for child exploitation offenses. The Court also ordered both men to serve a lifetime term of supervised release, register as sex offenders, pay restitution in the amount of $2,715, and forfeit electronic devices that were used in the commission of their offenses.
On October 28, 2021, a federal jury found Pulido guilty of enticement and coercion of minor, traveling out of the country to engage in illicit sexual conduct, and transporting a minor into the country to engage in sexual activity. The jury also found both Pulido and Jimenez guilty of conspiracy to transport a minor into the country to engage in sexual activity.
According to testimony and evidence presented at trial, then 23-year-old Pulido met a 14-year-old child who resided in and is a citizen of Croatia on a social networking website in 2017. Pulido began a teacher-student relationship with the child and promised to teach the child to play the guitar. After a few months of guitar lessons, however, Pulido began to romantically pursue the child. For nearly a year, Pulido used the internet to entice and coerce this child to engage in sexual activity with him. During this time, Pulido and Jimenez planned Pulido’s trip to Croatia and Pulido sought Jimenez’s advice and counsel on how to persuade the child to engage in sexual activity when he traveled to Croatia. Jimenez coached Pulido on what to do and say to the child and directly communicated with the child about her sexual relationship with Pulido. Jimenez falsely portrayed himself as a medical doctor and provided advice and counsel to the child about her fertility and precautions to take to avoid pregnancy.
On June 14, 2018, Pulido traveled from Florida to Croatia, proposed to the child on her 15th birthday, and engaged in sexual activity with the child. In the month that followed, Pulido and Jimenez conspired to transport the child from Croatia to Florida, again so that Pulido could engage in sexual activity with her. On or about July 23, 2018, Pulido did in fact transport the child from Croatia to Florida for the purpose of engaging in sexual activity. Once in Florida, Jimenez took the child’s passport and identification documents and refused to allow the child to travel back to Croatia with her family. Agents with the Florida Department of Law Enforcement rescued the child from the Pulido/Jimenez family home in Trinity, Florida on August 12, 2018.
“A child victim was rescued from these predators, and we hope this sentencing provides some closure on the path to recovery for them,” said HSI Tampa acting Assistant Special Agent in Charge Timothy Westlove. “This case would not have been possible without the local and international law enforcement partnerships between HSI, the Florida Department of Law Enforcement, the Pasco Sheriff’s Office, the Koprivnica-Križevac County Police Administration of the Republic of Croatia Ministry of the Interior Criminal Police, the International Criminal Police Organization and the Justice Department’s Office of International Affairs.”
FDLE Tampa Special Agent in Charge Mark Brutnell said, “This case highlights the ability and compassion of our FDLE agents. What began as a routine welfare check soon escalated. Picking up on subtle signs, our agent knew something wasn’t right, and, by quickly gaining the victim’s trust, he was able to rescue this child from sexual abuse.”
This case was investigated by U.S. Homeland Security Investigations, the Florida Department of Law Enforcement, the Pasco Sheriff’s Office, the Koprivnica-Križevac County Police Administration of the Republic of Croatia Ministry of the Interior Criminal Police, and the International Police Organization. It was prosecuted by Assistant United States Attorney Lisa M. Thelwell.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Essex County Man Admits Using Credit Cards Stolen from U.S. Mail to Attempt to Defraud Banks of over $300,000Read the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted scheming with at least one U.S. Postal Service (USPS) employee and others to steal credit cards from the mail and use the stolen cards for hundreds of thousands of dollars of retail and online purchases, First Assistant U.S. Attorney Vikas Khanna announced.
Hakir Brown, 27, Newark, pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to an information charging him with conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
Hakir Brown, Jahad Salter, 25, and Dashaun Brown, 31, engaged USPS employees, including Khadijah Banks Oneal, 31, to steal credit cards from the mail in exchange for compensation. Once they obtained the stolen cards, Hakir Brown and his conspirators fraudulently posed as the accountholders of the stolen credit cards when calling the banks that issued the cards and used personal identifying information belonging to the accountholders to obtain or change information about the stolen credit cards. They then used the stolen credit cards to make purchases at retail stores in New Jersey and elsewhere, including New York and online, resulting in attempted losses of over $300,000.
Several of the USPS employees and individuals who participated in the scheme have been charged by complaint for their roles in the scheme, including, Banks Oneal, who worked at a mail processing plant facility in Kearny, New Jersey; another USPS employee, Ashley Taylor, who worked at a post office in New York; Salter; Adeeb Salih, 29, of East Orange, and Yaseen Salih, 24, of Iselin, New Jersey. Dashaun Brown was indicted by a grand jury on Feb. 9, 2022, and his arraignment is scheduled for March 3, 2022, before Judge McNulty. The charges and allegations against these other individuals are merely accusations, and they are presumed innocent unless and until proven guilty.
The charge of conspiracy to commit bank fraud carries a statutory maximum sentence of 30 years in prison and a maximum fine of $1 million. Sentencing is scheduled for July 7, 2022.
First Assistant U.S. Attorney Khanna credited postal inspectors of the U.S. Postal Inspection Service under the direction of Acting Inspector of Charge Raimundo Marrero, Newark Division; and special agents of the U.S. Postal Service, Office of Inspector General, Northeast Area Field Office, under the direction of Special Agent in Charge Matthew Modafferi, with the investigation leading to the charges. He also thanked the U.S. Marshals Service, District of New Jersey, under the direction of Marshal Juan Mattos Jr.; the U.S. Secret Service, New York Field Office, under the direction of Special Agent in Charge Patrick J. Freaney; the Treasury Inspector General for Tax Administration, Mid-Atlantic Field Division, under the direction of Special Agent in Charge Andrew S. McKay; the Department of Homeland Security, Homeland Security Investigations, Newark Field Office, under the direction of Special Agent in Charge Jason J. Molina; the Livingston, New Jersey Police Department, under the direction of Chief Gary Marshuetz; the Newark Police Department, under the direction of Department of Public Safety Director Brian O’Hara; the Essex County, New Jersey Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; the New Providence, New Jersey, Police Department, under the direction of Chief of Police Theresa A. Gazaway; and the Berkeley Heights, New Jersey, Police Department, under the direction of Chief of Police Jason Massimino, for their assistance.
The government is represented by Assistant U.S. Attorney Sara F. Merin of the Special Prosecutions Division in Newark.
Eight Members of Puerto Rico-Based Drug Trafficking Organization SentencedRead the Press Release
Tampa, FL – U.S. District Judge Susan C. Bucklew has sentenced eight members of a Puerto Rico-based drug trafficking organization to federal prison for conspiring to distribute cocaine in the Tampa Bay area. Each of the eight individuals had previously pleaded guilty and were sentenced as follows:
Name
Age, Residence
Sentence
Jacques Orsini-Martinez
a/k/a “Papi”
45, Bayamon, PR
13 years’ imprisonment
Juan Carlos Orsini-Martinez
a/k/a “Tio Cano”
46, Incarcerated
5 years’ imprisonment
Jose Manuel Robles Negron
a/k/a “Chelo”
27, Bayamon, PR
10 years’ imprisonment
Pedro Javier Hernandez Sosa
a/k/a “Javi Carolina”
31, Carolina, PR
6 years, 8 months’ imprisonment
Raymond Jose De La Cruz
a/k/a “Sanky”
46, Largo, FL
7 years, 3 months’ imprisonment
Briss Malone Warren
43, Port Richey, FL
4 years, 3 months’ imprisonment
Luis Daniel Agosto Morales
30, Tampa, FL
5 years’ imprisonment
Josue Antonio Chinea Santos
36, Bayamon, PR
5 years’ imprisonment
The court also ordered Luis Agosto-Morales to forfeit $24,587, which are traceable to proceeds of the offense.
According to court documents, the individuals were part of an organization that trafficked in cocaine delivered from Puerto Rico via parcels sent to the Middle District of Florida. Proceeds of the cocaine sales were delivered to Raymond Jose De La Cruz and Jose Manuel Robles Negron, to be returned to Jacques Orsini-Martinez and others in Puerto Rico. The cocaine sent from Puerto Rico was supplied via a transnational criminal organization operating in and around the Dominican Republic and Colombia. Juan Carlos Orsini-Martinez was in federal prison at the time of the conspiracy but used a contraband cellphone to discuss the payment of drug proceeds back to Puerto Rico.
This operation is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation conducted by the Federal Bureau of Investigation, with assistance from the United States Postal Inspection Service and Tampa Police Department. It was prosecuted by Assistant United States Attorneys Diego Novaes and Dan Baeza.
OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Eastern Ohio man sentenced to 14 years in prison for gun, drug & cyberstalking crimesRead the Press Release
COLUMBUS, Ohio – An Eastern Ohio man was sentenced in U.S. District Court here today to 168 months in prison for discharging a firearm during a drug-trafficking robbery and for cyberstalking a victim for a year.
Michael Bertolino, Jr., 35, of Adena, Ohio, was sentenced for committing three federal crimes.
According to court documents, in December 2020, Bertolino conspired with others to plan and execute the armed robbery of a drug dealer in Cadiz, Ohio.
At a meet-up arranged through SnapChat, Bertolino and others robbed the individual of a half-pound of marijuana and 50 THC cartridges. During the robbery, as the victim was on the ground, Bertolino discharged a gun into the ground near the victim’s head.
In a separate criminal scheme, throughout all of 2020, Bertolino used social media platforms, text messages and a GPS system to cyberstalk a second victim.
The defendant created social media accounts to post derogatory statements or comments on the accounts of the victim and the victim’s friends and family members. For example, Bertolino created a Facebook account and used explicit photos of the victim for the account profile.
Bertolino also placed a GPS tracker on the victim’s vehicle and monitored the victim’s movement on his computer. He sent the victim Google Earth screenshots showing that he was tracking the victim at all times.
As part of his cyberstalking, Bertolino used a text messaging application to send the victim thousands of messages from what appeared to be 19 different phone numbers. In the messages, he threatened to kill the victim and those involved with the victim and promised to post compromising pictures of the victim online.
Bertolino pleaded guilty in July 2021 to conspiracy to possess with intent to distribute marijuana, discharging a firearm during a drug trafficking crime and cyberstalking.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Harrison County Sheriff Ronald J. Myers announced the sentence imposed by U.S. District Court Judge Edmund A. Sargus, Jr. Assistant United States Attorney S. Courter Shimeall is representing the United States in this case.
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Eagle Butte Woman Indicted for Methamphetamine TraffickingRead the Press Release
United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Possession with Intent to Distribute a Controlled Substance.
Brenda Faye Fernandez, age 48, was indicted on February 8, 2022. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 23, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $1,000,000 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 1, 2021, and September 30, 2021, in South Dakota, Fernandez knowingly and intentionally conspired with others to distribute and possess with intent to distribute methamphetamine. The Indictment further alleges that on May 26, 2021, in Eagle Butte, Fernandez knowingly and intentionally possessed methamphetamine with intent to distribute.
The charges are merely accusations and Fernandez is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the South Dakota Highway Patrol. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Fernandez was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
District Man Sentenced to Life in Prison for Child Exploitation and Child Sexual Abuse OffensesRead the Press Release
WASHINGTON – A 63-year-old man, of Southeast Washington, was sentenced today to life in prison for federal child exploitation offenses, including production of child pornography, enticement of a minor, and possession of child pornography, as well as multiple counts of first- degree child sexual abuse and first-degree sexual abuse with aggravating circumstances.
The announcement was made by U.S. Attorney Matthew M. Graves, Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
The defendant, who is not identified here to protect the privacy of the victim, was found guilty by a jury in October 2021, following a trial in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Chief Judge Beryl A. Howell.
According to the government’s evidence, the defendant repeatedly sexually abused his stepdaughter from May 2016 until April 2017. The victim was 12 and 13 years old at the time and living with her mother, younger sister, and the defendant at the defendant’s apartment. The defendant also directed the victim to take photographs of herself constituting child sexual abuse material and to transfer those photographs to the defendant’s cell phones. Additionally, he stored these sexually explicit photographs on his cell phones and computer. These photographs, as well as dozens of text messages to the victim corroborating the sexual abuse, were recovered from the defendant’s electronic devices by law enforcement.
The defendant was arrested in May 2019 and was subsequently detained pending trial.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
In announcing the sentence, U.S. Attorney Graves, Special Agent in Charge Jacobs, and Chief Contee acknowledged the efforts of those who worked on the case from the FBI-Washington Field Office’s Child Exploitation and Human Trafficking Task Force, the Metropolitan Police Department’s Youth and Family Services Division, and the U.S. Department of Justice’s Computer Crime and Intellectual Property Section. The FBI task force is composed of FBI agents, along with other federal agents and detectives from northern Virginia and the District of Columbia. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children and human trafficking.
They also expressed appreciation for those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Specialist Lezlie Richardson, Paralegal Specialist Alexis Spencer-Anderson, Assistant U.S. Attorney Elana Suttenberg, former Assistant U.S. Attorneys Jennifer Loeb and Andrea Hertzfeld, and Sex Offense and Domestic Violence Section Intern David Offit.
Finally, they commended the work of Assistant U.S. Attorney Caroline Burrell and Special Assistant U.S. Attorney Mona Sedky, who prosecuted the case.
District Man Sentenced to 45 Years in Prison for 2008 Killing of Silver Spring ManRead the Press Release
WASHINGTON – Mason Binion, 35, of Washington, D.C., was sentenced today to 45 years in prison for a 2008 murder in Northwest Washington, announced U.S. Attorney Matthew M. Graves and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Binion was found guilty in February 2020, following a trial in the Superior Court of the District of Columbia, of first-degree murder while armed. He was sentenced by the Honorable Marisa J. Demeo.
According to the government’s evidence, on June 21, 2008, at approximately 12:30 a.m., Binion and three other individuals drove the victim, Michael F. Taylor, 21, from a recreation center in Silver Spring to the 600 Block of Emerson Street NW. Binion and Mr. Taylor had arranged for a large purchase of drugs, and Mr. Taylor had given the drug money to a middleman who then took off with the money. Searching for revenge, Binion and his associates drove into the alley, stopped the car in front of a detached garage behind 610 Farragut Street, and then shot Mr. Taylor in the back of the head, killing him.
Binion was arrested on Jan. 24, 2018, was released pending trial, and has been in custody since the guilty verdict.
In announcing the sentence, U.S. Attorney Graves and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Daniel Lenerz and former Assistant U.S. Attorney Jeffrey Pearlman; Supervisory Victim/Witness Services Coordinator Katina Adams-Washington; Victim/Witness Services Coordinator La June Thames; Paralegal Specialist Meridith McGarrity; former Victim/Witness Advocate Marcia Rinker; Supervisory Litigation Technology Specialist Leif Hickling, and Investigative Analyst Zachary McMenamin.
Finally, they commended the work of Assistant U.S. Attorneys Gilead Light and Michael Spence, who prosecuted the case.
Distributor for Hustlas Don’t Sleep Drug Gang Admits GuiltRead the Press Release
PITTSBURGH, PA -- A former resident of North Versailles, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, United States Attorney Cindy K. Chung announced today.
Jason Malos, age 38, pleaded guilty to one count before United States District Judge Marilyn J. Horan.
In connection with the guilty plea, the court was advised that conspired to distribute and possess with the intent to distribute forty grams or more of fentanyl. This case is related to an investigation that focused on a drug trafficking organization that referred to themselves as Hustlas Don’t Sleep. That investigation has resulted in numerous indictments charging dozens of HDS members with narcotics and firearms violations. Malos was a wholesale customer of the organization who purchased and redistributed substantial quantities of fentanyl, as revealed through court-authorized interceptions of his communications, surveillance, and a later search of his residence pursuant to a search warrant.
Judge Horan scheduled sentencing for June 22, 2022, at 9:00 a.m. The law provides for a total sentence of ten years in prison, a fine of $8,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Monroeville Police Department, Attorney General’s Office and the Allegheny County Police Department conducted the investigation that led to the prosecution of Malos.
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.
DeKalb Man Sentenced to 70 Months in Prison for Bank Fraud and Aggravated Identity TheftRead the Press Release
PEORIA, Ill. – A DeKalb, Illinois, man, Christopher Simmons, 41, of the 800 block of Edgebrook Drive, was sentenced on February 24, 2022, to concurrent terms of 46 months’ imprisonment and five years of supervised release for three counts of bank fraud, and a consecutive term of 24 months’ imprisonment for aggravated identity theft. The aggravated identity theft sentence also included one year of supervised release, to run concurrently with the three years supervised release for bank fraud.
At the October 2021 trial, the government presented evidence showing that Simmons provided false information to the Citizens Equity First Credit Union about his earnings, his place of employment, his social security number, and his address for the purpose of obtaining car loans and a Mastercard. Simmons used a northern Illinois woman’s social security number in trying to obtain the loan.
At the sentencing hearing, the government presented evidence that at the time of his arrest Simmons provided false names to the Chicago Police Department.
In imposing the 70-month sentence, U.S. District Judge James E. Shadid noted that Simmons is “interested only in himself while causing harm to others” and said that there was nothing “to indicate that he would do anything other than recidivate.”
Judge Shadid also ordered Simmons to pay restitution in the amount of $49,900 to the credit union.
Simmons’s co-defendant, Adreen Canterberry, previously pleaded guilty. In September 2021, Canterberry was sentenced to 15 months’ imprisonment, to be followed by a five-year term of supervised release, and was ordered to pay restitution of $49,900, joint and severable with Simmons.
The statutory penalties for bank fraud are up to 30 years’ imprisonment, up to a five-year term of supervised release, and up to a $1,000,000 fine. The penalty for aggravated identity theft is a mandatory two-year sentence of imprisonment consecutive to the bank fraud conviction, to be followed by one year of supervised release.
The United States Secret Service investigated the case. Criminal Chief Darilynn J. Knauss and Assistant U.S. Attorney Douglas F. McMeyer represented the government in the prosecution.
Crystal Meth Trafficker Sentenced to 5 Years in Federal PrisonRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, today announced that ALEJANDRO CASTILLO, 42, a citizen of Belize last residing in Los Angeles, California, was sentenced yesterday by U.S. District Judge Kari A. Dooley in Bridgeport to 60 months of imprisonment, followed by three years of supervised release, for trafficking crystal methamphetamine to Connecticut.
According to court documents and statements made in court, on September 22, 2020, the Drug Enforcement Administration’s Hartford Task Force arrested an individual who possessed more than 400 grams of crystal methamphetamine. Investigators learned that the individual had received the meth from a tractor trailer driver who regularly transported kilogram quantities of meth and other drugs from California to locations in the eastern U.S. In October 2020, the individual traveled to California and was introduced to Jason Williams, who was identified as a supplier of large quantities of meth and marijuana. Williams then traveled to Connecticut with Castillo and, on October 27, 2020, Williams and Castillo provided the individual with a crate containing approximately 2.2 kilograms (nearly five pounds) of meth. Williams told the individual to use the crate to ship them $60,000 in proceeds from the sale of the drugs.
On November 11, 2020, law enforcement seized an additional five pounds of crystal meth that Williams shipped from California to Connecticut.
Castillo has been detained since his arrest on November 16, 2020. On October 15, 2021, he pleaded guilty to one count of conspiracy to distribute methamphetamine.
Castillo faces immigration proceedings when he completes his prison term.
On October 27, 2021, Williams, also a citizen of Belize, was sentenced to 60 months of imprisonment.
The DEA’s Hartford Task Force includes personnel from the DEA Hartford Resident Office, the Connecticut State Police, and the Bristol, Hartford, East Hartford, Enfield, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Cottage Grove Man Sentenced to over 33 Years in Prison and Lifetime Supervised Release for Producing Child Pornography OnlineRead the Press Release
ST. PAUL, Minn. – A Cottage Grove man was sentenced to 400 months in prison and a lifetime of supervised release, and was ordered to pay $132,000 to funds supporting victims, for the production, attempted production, and possession of child pornography. Acting U.S. Attorney Charles Kovats made the announcement after U.S. District Judge Susan Richard Nelson sentenced the defendant.
According to court documents, between June 2019 through February 2021, Peter James Monson, 38, engaged in “catfishing” by taking on false personas to communicate with children on the internet, including via Snapchat. Monson made a fake Snapchat profile of a 16-year-old girl named “Brianna” and asked minor girls to create sexually explicit photos and videos of themselves to send to Monson so they could be rated by others as “princesses.” In order to participate as a “princess,” Monson used “Brianna’s” profile to instruct the girls to follow certain rules, including creating and sending images and videos of the girls nude or engaging in sex acts, including bestiality and incest.
In addition, according to court documents, in April 2020, Monson used his iPhone to make a secret recording of an eight-year-old while the child was getting dressed.
Monson pleaded guilty on October 5, 2021, to two counts of production and attempted production of child pornography and one count of possession of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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.
If you know of any child who may have been a victim of exploitation, please call the National Center for Missing or Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at www.missingkids.com.
This case was the result of an investigation conducted by the FBI Minneapolis Field Office, the FBI Philadelphia Field Office, the Cottage Grove Police Department, and the Pennsylvania State Police.
This case was prosecuted by Assistant U.S. Attorney Miranda E. Dugi.
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Convicted Felon Indicted on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal grand today indicted a convicted felon on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms, and Explosives Special Agent in Charge Mickey French.
A three-count superseding indictment filed in U.S. District Court charges Cantrell Dehardric Harris, 32, with being a felon in possession of a firearm, possession with the intent to distribute a controlled substance, and possession of a firearm during and in relation to a drug trafficking crime.
According to the indictment, in April 2021, Harris illegally possessed a Glock 10mm pistol, two rounds of Barnaul 7.62 caliber ammunition, and fentanyl.
The maximum penalty for being a felon in possession of a firearm is 10 years in prison.
The penalty for possession with intent to distribute a controlled substance increases to 30 years in prison since the defendant has been convicted of a drug offense and served over 12 months for the drug offense.
The minimum penalty for possession of a firearm during a drug trafficking crime is five years in prison.
ATF investigated the case, along with the Birmingham Police Department. Assistant U.S. Attorney Kristy Peoples is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
Construction Company CEO Admits to Bribing APG Army Biochemist Researcher for Government ContractsRead the Press Release
Baltimore, Maryland – John R. Conigliaro, age 60, of Kingsville, Maryland, pleaded guilty yesterday to conspiracy to bribe a public official.
The guilty plea 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; Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office; and Special Agent in Charge L. Scott Moreland of the Army Criminal Investigation Division.
Conigliaro is the owner and Chief Executive Officer of EISCO, Inc. EISCO provides general construction services, including fixed and portable biochemical laboratories.
According to his guilty plea, from 2012 to 2019, Conigliaro bribed an Army Research Biologist (Public Official 1), who worked at the U.S. Army Combat Capabilities Development Command (CCDC) Chemical Biological Center (CB Center), located on Aberdeen Proving Ground, in Maryland. The CCDC CB Center is the nation’s principal research and development center for non-medical chemical and biological weapons defense. The CB Center develops technology in the areas of detection, protection, and decontamination. Conigliaro bribed Public Official 1 with a stream of benefits including cash loans, payments for renovations to rental properties owned by public official 1, payments for renovations to Public Official 1’s personal residence, and other things of value in exchange for influencing CB Center projects to EISCO.
For example, in October 2013, after EISCO received its first payment of $150,000 for a government project, Conigliaro gave cash and a $40,000 zero-interest loan to Public Official 1 to finance the purchase of two rental properties. Once Public Official 1 purchased the rental properties, Conigliaro paid for thousands of dollars of renovations to the rental properties. Further Public Official 1 executed a “Promissory Note,” in which Public Official 1 wrote that he repaid Conigliaro a portion of the funds that Conigliaro had given him with CB Center projects.
Additionally, from 2016 to 2018, Public Official 1 directed three CB Center projects to EISCO. During the performance of one of those projects, Conigliaro spent approximately half of the time not performing work but being “on call.” Over that same time period, Conigliaro paid for more than $30,000 in renovations to Public Official 1’s personal residence, including more than more than $20,000 to renovate Public Official 1’s kitchen, and more than $16,000 to replace the siding on Public Official 1’s personal residence.
According to the guilty plea, from July 2012 to 2019, Conigliaro paid more than $95,000 in bribes to Public Official 1, and over that same time period, Public Official 1 directed more than $1 million of contract awards to EISCO.
Conigliaro faces a maximum sentence of five years in prison followed by up to three of supervised release for conspiracy to bribe a public official. U.S. District Judge Deborah L. Boardman has scheduled sentencing for May 10, 2022, at 10 a.m.
United States Attorney Erek L. Barron commended the FBI, the Department of Defense Office of Inspector General, and the Army Criminal Investigation Division for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Matthew P. Phelps and Harry Gruber, who are prosecuting the federal 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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Colorado Felon Sentenced to Prison for Unlawful Possession of FirearmsRead the Press Release
LAS VEGAS – A Colorado felon was sentenced today to eight and a half years in prison for unlawful possession of firearms.
Russell Cates (43) pleaded guilty in July 2021 to one count of felon in possession of a firearm. In addition to the prison term, U.S. District Judge James C. Mahan sentenced Cates to three years of supervised release.
According to court documents, Cates — who was on supervised release for a previous felony conviction — absconded from his supervision in Colorado. He then obtained stolen firearms in Colorado and transported them to Las Vegas, with the intent to sell those firearms illegally. On or about August 24, 2019, after attempting to flee, Cates was arrested by Las Vegas Metropolitan Police Department officers during an investigation into a suspected stolen vehicle. A search of the vehicle revealed 10 firearms (including a semiautomatic firearm capable of using large capacity magazines), ammunition, and magazines. Cates admitted that several firearms were stolen. He is prohibited by law from possessing firearms and ammunition due to at least five prior felony convictions, including a robbery conviction in Dallas County, Texas.
Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge Patrick Gorman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made the announcement.
This case was investigated by the ATF. Assistant U.S. Attorney Jim Fang prosecuted the case.
If you have information about illegal firearms activity, submit an anonymous tip to ATF by calling the hotline at 1-800-ATF-GUNS (1-800-283-4867) or through the ReportIt mobile app.
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Cedar Rapids, Iowa, Man Sentenced to 120 Months in Prison for Attempted Enticement of a Minor and Traveling with Intent to Engage in Illicit Sexual ConductRead the Press Release
ROCK ISLAND, Ill. – A Cedar Rapids, Iowa, man, Joseph Allen Wilcher, 40, of the 1800 block of Western Drive, was sentenced on February 24, 2022, to 120 months in prison for attempted enticement of a minor and a concurrent 120 months in prison for travel with intent to engage in illicit sexual activity. Wilcher was also sentenced to concurrent ten-year terms of supervised release for each offense.
Wilcher was found guilty following a jury trial in October 2021 where, the government presented evidence establishing that Wilcher arranged to meet an individual he believed to be a 15-year-old minor for sexual activity on an online dating application. Further evidence showed that Wilcher ultimately traveled from Cedar Rapids to Rock Island, Illinois, to meet the individual and to engage in illicit sexual conduct.
At the sentencing hearing, U.S. District Judge James E. Shadid commented on the serious nature of the offense conduct and the distance Wilcher traveled to meet a minor for sex.
The statutory penalties for the attempted enticement charge include a minimum of 10 years and maximum life term of imprisonment. The statutory penalties for the traveling charge include a maximum statutory penalty of 30 years’ imprisonment.
"This sentence sends a message to our community that this behavior is unacceptable and comes at a great cost to those seeking to target children," said U.S. Attorney Gregory K. Harris. "We all must work together to keep our children safe. And that is exactly what our law enforcement agencies did through their successful investigation of the offense in this case."
Wilcher was arrested in November of 2020 as part of a Federal Bureau of Investigation, Springfield Division, operation conducted in Rock Island, Illinois. The operation was conducted with the assistance of the Rock Island Police Department, the Macomb Police Department, the Illinois State Police, the East Moline Police Department, the Galesburg Police Department, the Davenport Police Department, and the Knox County Sherriff’s Office. Assistant U.S. Attorneys Grant Hodges and Jennifer Mathew represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Canadian Pastor Charged with Sex Crime Against a MinorRead the Press Release
DETROIT - A former pastor from Deseronto, Ontario, Canada appeared in federal court today to face charges of traveling in foreign commerce to have sex with a minor, announced Dawn Ison, United States Attorney of the Eastern District of Michigan.
Ison was joined in the announcement by acting Special Agent in Charge James C. Harris III, Homeland Security Investigations.
Charged was Timothy Raymond Milley, 68, who was a minister at the Cataraqui Church in Deseronto, Ontario, Canada from 2009 to 2019.
According to court records, Milley met a 15-year-old girl on the internet and began communicating with her frequently using a popular messaging application. Milley requested that the child create and send him nude images of herself. Milley, who used the alias “Red Rider,” spoke frequently to the victim about sex. On June 20, 2013, Milley traveled from his Ontario home to a town in the Eastern District of Michigan. Milley picked the victim up in front of her high school, then took her to a local motel. Milley then had the child perform sex acts on him at the hotel room. Milley returned to Canada the next day. Thereafter, Milley stopped communicating with the victim. In early 2020, the victim learned that Milley had been arrested for luring a child in Canada. The victim contacted law enforcement, leading to her further disclosures. Milley was extradited from Canada this week.
“I commend this victim for coming forward after these many years to disclose the abuse she suffered. Our office supports victims of sexual abuse, and encourages victims to contact law enforcement, regardless of whether the abuse was recent or in the past,” Ison said. “Protecting children from abuse and holding those individuals who victimize children accountable is something our office is passionate about.”
“HSI is dedicated to safeguarding our communities from sexual predators, especially those in positions of trust,” said HSI Detroit acting Special Agent in Charge James C. Harris III. “Working with our partners, we will continue to prioritize the innocence and well-being of children by diligently investigating online sexual offenses involving minors.”
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 Child Exploitation and Obscenity Section of the Department of Justice, 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 http://www.justice.gov/psc.
A complaint is only a charge and is not evidence of guilt. The defendant is presumed innocent. The burden is on the government to prove guilt beyond a reasonable doubt.
Camden County Woman Sentenced to Two Years in Prison for Role in Fraudulent Delivery SchemeRead the Press Release
TRENTON, N.J. – A Camden County, New Jersey, woman was sentenced today to 24 months in prison for receiving hundreds of thousands of dollars of consumer electronics before reselling the stolen goods in connection with a delivery fraud scheme, U.S. Attorney Philip R. Sellinger announce.
Yanira Medina-Roman, 37, of West Berlin, New Jersey, previously pleaded guilty by videoconference before U.S. Senior District Judge Anne E. Thompson to an information charging her with one count of conspiracy to commit wire fraud. Judge Thompson imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
From July 2018 through October 2018, Medina-Roman and others carried out a delivery fraud scheme targeting a corporate victim and government agency that resulted in the theft of more than $250,000 of consumer electronics. Medina-Roman and her conspirators used Medina-Roman’s residence – then in Highlands, New Jersey – as the delivery address for the stolen goods. Medina-Roman, under the direction of her conspirators, sold the goods for profit either to a fence of stolen goods, or to third parties through a national classified advertisement website, while retaining for herself a portion of the sale proceeds.
A related cyberattack involved the appropriation without authorization of the identity of an employee of a government agency, which Medina-Roman’s conspirators used by manipulating the employee’s government email address to place orders for consumer electronics and gift cards with a corporate victim located in Maryland. The Maryland corporate victim, believing the emails were authentic and sent by the government employee, with whom the corporate victim had a prior business relationship, was deceived into delivering the consumer electronics to Medina-Roman’s residential address.
In addition to the prison term, Judge Thompson sentenced Medina-Roman to three years of supervised release and ordered restitution of $266,615 and forfeiture of $25,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr.; special agents of the U.S. Secret Service, under the direction of Resident Agent In Charge Preston Fairlamb; special agents of the Defense Criminal Investigative Service, under the direction of Special Agent in Charge of the Cyber Field Office Kenneth DeChellis; postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Raimundo Marrero; and officers of the Highlands, New Jersey Police Department, under the direction of Chief Robert Burton, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Eric A. Boden of the U.S. Attorney’s Office’s Criminal Division in Trenton.
Caldwell Woman Sentenced for Bank FraudRead the Press Release
BOISE – A Caldwell woman was sentenced to 12 months and one day in federal prison for bank fraud.
According to court records, Melissa A. Castellanos, 52, of Caldwell, worked as a financial specialist and office Manager at Aspire Human Services in Idaho. Her duties included overseeing the Social Security Administration payee accounts for residents of Aspire’s intermediate care facilities. The intermediate care facilities provided residential and vocational services to developmentally-delayed or intellectually-challenged or disabled adults. From at least July 2015 through August 2017, Castellanos executed a scheme to defraud that included preparing and cashing checks for fraudulent purchases on residents’ accounts. Castellanos wrote inaccurate descriptions in the memo lines of the checks to help conceal her actions. After preparing and signing the checks for fraudulent purchases, Castellanos cashed the checks. In violation of company policy, Castellanos went to the bank alone, instead of brining the residents whose money she was taking. Castellanos kept the cash and did not provide it to the residents or use it to purchase the goods identified in the memo lines.
Senior U.S. District Judge B. Lynn Winmill also ordered Castellanos to serve five years supervised release following her prison sentence and to pay $39,950.89 in restitution.
“Stealing social security benefits from vulnerable victims is a serious crime,” said U.S. Attorney Rafael M. Gonzalez, Jr. “This office will continue to work with SSA and other agencies to protect the public from defendants who are willing to abuse a position of trust for financial gain. Together with our partners at SSA Office of the Inspector General, we will continue to hold accountable those who commit crimes involving Social Security benefits.”
“Ms. Castellanos abused her position of trust to steal the funds of Social Security beneficiaries who relied on the agency to provide for their essential needs. My office will continue to hold accountable individuals who commit Social Security fraud,” said Christian Assaad, Acting Special Agent in Charge, Social Security Administration Office of the Inspector General, Seattle Field Division. “I want to thank our law enforcement partners and the U.S. Attorney’s Office for their work in this case.”
This case was investigated by the Social Security Administration Office of the Inspector General and the Boise Police Department.
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CEO Sentenced for Bribing Former Norfolk SheriffRead the Press Release
NORFOLK, Va. – A Franklin, Tennessee man was sentenced today to three years in prison and a $35,000 fine for conspiring to commit honest services mail fraud by paying bribes to secure medical services contracts for the Norfolk City Jail.
According to court documents, Gerard Boyle, 67, admitted to engaging in a 12-year bribery scheme with former Norfolk Sheriff Robert McCabe. Boyle was the founder and chief executive officer of Correct Care Solutions (CCS), a company that provided medical services to people in jail. Over the course of the conspiracy, Boyle provided McCabe things of value, including gifts, cash, entertainment, travel, and campaign contributions. In exchange, McCabe performed official acts in favor of CCS, which was able to obtain medical services contracts worth more than $3 million per year with the Norfolk Sheriff’s Office. Such official acts included, but were not limited to, signing contracts, granting extensions without putting the contracts out to bid, the release of a letter of credit, and awarding other adjustments that increased the value of the contracts. On August 24, 2021, a federal jury convicted McCabe of all eleven charged counts related in part to this scheme.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; and Darrell J. Waldon, Special Agent in Charge of the Criminal Investigations Unit of the Internal Revenue Service, made the announcement after sentencing by U.S. District Judge Arenda L. Wright Allen.
Assistant U.S. Attorneys Melissa E. O’Boyle, Randy C. Stoker, and Anthony Mozzi 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. 2:19-cr-171.
Bullhead City Man Sentenced for Threatening to Kill Speaker of the House of RepresentativesRead the Press Release
PHOENIX, Ariz. – Steven Arthur Martis, 77, of Bullhead City, Arizona, was sentenced today by U.S. District Judge Diane J. Humetewa to 21 months in prison, followed by three years of supervised release. On November 18, 2021, a jury convicted Martis of one count of communicating an interstate threat to kill or harm Speaker of the House of Representatives Nancy Pelosi.
On January 17, 2021, Martis called Speaker Pelosi’s Washington District Office from his residence in Bullhead City, Arizona, and left two voicemails. In his first voicemail, Martis threatened, “I’m coming to kill you . . . .” Martis followed up with a second voicemail, in which he advised, “You’re dead . . . .” Martis made these two calls after the Federal Bureau of Investigation had approached him and warned him about making similar calls in the past.
The Federal Bureau of Investigation conducted the investigation in this case, with assistance from the United States Capitol Police. Assistant United States Attorneys Kristen Brook and Joseph Koehler, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-21-08140-PHX-DJH
RELEASE NUMBER: 2022-018_Martis# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Bradford County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on February 24, 2022, John Palfreyman, age 39, of Bradford County, Pennsylvania, was indicted by a federal grand jury on one count of possession with intent to distribute methamphetamine and one count of illegally possessing firearms.
According to United States John C. Gurganus, the indictment alleges that on December 1, 2021, in Bradford County, Palfreyman possessed with the intent to distribute more than 50 grams of methamphetamine. The indictment also alleges that Palfreyman possessed two rifles while prohibited from possessing firearms due to a previous criminal conviction.
The investigation was conducted by agents of the Federal Bureau of Investigation, Pennsylvania State Police and the Northumberland County Sherriff’s Department. Assistant United States Attorney Alisan V. Martin is prosecuting the case.
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.
The maximum penalty for the offenses is up to 50 years of imprisonment, a life term of supervised release, and a fine of $5,250,000. 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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Bloomsburg Woman Sentenced to 12 Months’ Imprisonment for $430,000 Fraud Scheme, Including $300,000 in Covid Relief FraudRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Vicki Hackenberg, age 57, of Bloomsburg, Pennsylvania, was sentenced by United States Chief District Judge Matthew W. Brann, to 12 months of imprisonment for perpetrating a bank fraud and money laundering scheme that included nearly $300,000 in COVID-19 relief guaranteed by the Small Business Administration through the Paycheck Protection Program (PPP).
The PPP is designed to help small businesses facing financial difficulties during the COVID-19 pandemic. Funded by the March 2020 CARES Act, PPP funds are offered in forgivable loans, provided that certain criteria are met, including use of the funds for employee payroll, mortgage interest, lease, and utilities expenses.
According to United States Attorney John C. Gurganus, Hackenberg pleaded guilty to a money laundering conspiracy involving her codefendant, Darryl Corradini, and others. The conspirators created a shell corporation, CGM Realty LLC, and opened bank accounts and a Bitcoin trading account in the corporation’s name, by using false and forged documents. The conspirators allegedly used the accounts to receive over $135,000 in fraudulently obtained funds, and over $296,000 from a PPP loan that was obtained with false and forged documentation. That documentation included false information and certifications about CGM Realty LLC’s employee payroll obligations, and intention to use the funds for approved purposes, when in fact CGM Realty LLC had no employees or legitimate business operations. Forged IRS documentation also was included with the PPP application, containing false information about CGM Realty LLC’s nonexistent payroll obligations. Over $350,000 was then used to purchase Bitcoins, a type of cryptocurrency.
During sentencing, Chief Judge Brann highlighted Hackenberg’s prior state conviction for a similar fraud offense, noting that she was on probation at the time she committed the instant offense. In addition to the Hackenberg’s sentence of imprisonment, Chief Judge Brann also ordered her to pay $431,289 to the victims of her crimes. Hackenberg’s codefendant, Darryl Corradini, also pleaded guilty to a money laundering conspiracy and awaits sentencing.
The case was investigated by agents with the Internal Revenue Service’s Criminal Investigations Division. Assistant U.S. Attorney Phillip J. Caraballo prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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BitConnect Founder Indicted in Global $2.4 Billion Cryptocurrency SchemeRead the Press Release
A federal grand jury in San Diego returned an indictment today charging the founder of BitConnect with orchestrating a global Ponzi scheme. BitConnect is an alleged fraudulent cryptocurrency investment platform that reached a peak market capitalization of $3.4 billion.
According to court documents, Satish Kumbhani, 36, of Hemal, India, the founder of BitConnect, misled investors about BitConnect’s “Lending Program.” Under this program, Kumbhani and his co-conspirators touted BitConnect’s purported proprietary technology, known as the “BitConnect Trading Bot” and “Volatility Software,” as being able to generate substantial profits and guaranteed returns by using investors’ money to trade on the volatility of cryptocurrency exchange markets. As alleged in the indictment, however, BitConnect operated as a Ponzi scheme by paying earlier BitConnect investors with money from later investors. In total, Kumbhani and his co-conspirators obtained approximately $2.4 billion from investors.
The indictment further alleges that, after operating for approximately one year, Kumbhani abruptly shut down the Lending Program. Kumbhani then directed his network of promoters to fraudulently manipulate and prop up the price of BitConnect’s digital currency, a commodity known as BitConnect Coin (BCC), to create the false appearance of legitimate market demand for BCC. Kumbhani and his co-conspirators also concealed the location and control of the fraud proceeds obtained from investors by commingling, cycling, and exchanging the funds through BitConnect’s cluster of cryptocurrency wallets and various internationally based cryptocurrency exchanges.
According to the indictment, to avoid regulatory scrutiny and oversight of BitConnect’s cryptocurrency offering, Kumbhani evaded U.S. regulations governing the financial industry, including those enforced by the Financial Crimes Enforcement Network (FinCEN). For example, although BitConnect operated a money transmitting business through its digital currency exchange, BitConnect never registered with FinCEN, as required under the Bank Secrecy Act.
“Crime, particularly crime involving digital currencies, continues to transcend international boundaries,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The department is committed to protecting victims, preserving market integrity, and strengthening its global partnerships to hold accountable criminals engaging in cryptocurrency fraud. We thank our partners around the world for their continued efforts.”
“This indictment alleges a massive cryptocurrency scheme that defrauded investors of more than $2 billion,” said U.S. Attorney Randy Grossman for the Southern District of California. “The U.S. Attorney’s Office and our law enforcement partners are committed to pursuing justice for victims of cryptocurrency fraud.”
“Today’s indictment reiterates the FBI’s commitment to identifying and addressing bad actors defrauding investors and sullying the ability of legitimate entrepreneurs to innovate within the emergent cryptocurrency space,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Dressing up a tried and true fraud scheme with a new twist and basing it overseas will not deter the resolve and dedication of the FBI to meticulously investigate and bring such fraudsters to justice.”
“As cryptocurrency gains popularity and attracts investors worldwide, alleged fraudsters like Kumbhani are utilizing increasingly complex schemes to defraud investors, oftentimes stealing millions of dollars,” said Special Agent in Charge Ryan L. Korner of the IRS Criminal Investigation’s (IRS-CI) Los Angeles Field Office. “However, make no mistake, our agency will continue our long tradition of following the money, whether physical or digital, to expose criminal schemes and hold the fraudsters accountable for their illegal acts of trickery and deceit.”
Kumbhani is charged with conspiracy to commit wire fraud, wire fraud, conspiracy to commit commodity price manipulation, operation of an unlicensed money transmitting business, and conspiracy to commit international money laundering. If convicted of all counts, he faces a maximum total penalty of 70 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Kumbhani is at large.
The FBI Cleveland Field Office and IRS-CI are investigating the case.
Trial Attorney Kevin Lowell of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Daniel Silva, Mark W. Pletcher, Carl Brooker, and Lisa Sanniti of the Southern District of California are prosecuting the case. The Department of Justice Office of International Affairs provided indispensable assistance to the investigation.
All investor victims of the BitConnect fraud are encouraged to visit the webpage https://www.justice.gov/usao-sdca/us-v-glenn-arcaro-21cr02542-twr to identify themselves as potential victims and obtain more information on their rights as victims, including the ability to submit a victim impact statement.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Beckley Woman Sentenced to More than Five Years in Prison for Federal Gun CrimesRead the Press Release
BECKLEY, W.Va. – Cayla Danielle Lindsay, 28, of Beckley, was sentenced today to five years and nine months in federal prison for using and carrying a firearm in relation to a drug trafficking crime and for being a felon in possession of a firearm.
According to court documents, Lindsay admitted that on July 23, 2020 during a traffic stop of a car she was driving in Beckley, law enforcement officers found approximately 27 grams of heroin that she intended to distribute. The officers also found a Springfield, XDS 9, 9mm semi-automatic pistol Lindsay was carrying at the time. Lindsay also admitted that on May 6, 2021, she possessed a SCCY, CPX-2, 9mm semi-automatic pistol. The firearm was found during a search law enforcement conducted at her residence in Beckley. Lindsay acknowledged that at the time she possessed the firearm she knew she had been previously convicted in federal court of the felony offense of distribution of oxycodone, and was prohibited from possessing firearms.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00090.
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Beaver County Man Sentenced to 4 Years for Possessing Illegal Firearms and Images of Child Sexual AbuseRead the Press Release
PITTSBURGH - A Beaver County resident has been sentenced in federal court to 50 months’ imprisonment and seven years’ supervised release on his conviction of violating federal child exploitation and firearm laws, United States Attorney Cindy K. Chung announced today.
United States District Judge W. Scott Hardy imposed the sentence on William Johnson, age 34, of Monaca, PA 15061.According to information presented to the court, Johnson, on April 3, 2019, possessed more than 100 digital photographs and videos depicting the sexual exploitation of children, some of whom were under the age of 12 years and depicted in sadistic and violent imagery, as well as possessed 12 unregistered firearms, including a Glock pistol with an installed auto switch, a Smith and Wesson rifle with a bump stock, and eight silencers. Each of the 12 firearms required registration under the National Firearms Act.
Prior to imposing sentence, Judge Hardy acknowledged the serious and violent nature of Johnson’s crimes and the damage and long-term effect on child victims who are subjected to sexual exploitation.
Assistant United States Attorney Carolyn J. Bloch prosecuted this case on behalf of the government.
United States Attorney Chung commended the Department of Homeland Security and the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Johnson.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Barbour County man admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Joseph Wayne Dadisman, of Philippi, West Virginia, has admitted to a drug charge, United States Attorney William Ihlenfeld announced.
Dadisman, 49, pleaded guilty today to one count of “Possession with intent to Distribute Methamphetamine.” Dadisman admitted to having more than 50 grams of methamphetamine, also known as “crystal meth” and “ice,” in June 2021 in Barbour County.
Dadisman faces at least 10 years and up to life incarceration and a fine of up to $10,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug Task Force and the Barbour County Sheriff’s Office investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Attorney General Merrick B. Garland Statement on President Biden’s Nomination of Judge Ketanji Brown Jackson to the Supreme CourtRead the Press Release
Attorney General Merrick B. Garland released the following statement regarding the President’s nomination of Judge Ketanji Brown Jackson to be Associate Justice of the United States Supreme Court:
“President Biden has made an outstanding choice in selecting Judge Ketanji Brown Jackson as his nominee to be an Associate Justice of the Supreme Court. I have known Judge Jackson since she served as a federal public defender. I also had the privilege to serve alongside Judge Jackson during her eight years as a district judge before she joined the D.C. Circuit. I have witnessed firsthand her exceptional abilities as both a lawyer and a judge, her commitment to the rule of law and equal justice under law, and her generosity of spirit. I commend President Biden for nominating Judge Jackson. I am confident that she will be an exemplary member of our nation’s highest court.”
Thursday 24 February 2022
Wisner Man Sentenced to 168 Months for Drug and Money Laundering ConspiracyRead the Press Release
United States Attorney Jan Sharp announced that Kaden Henry, 23, of Wisner, Nebraska, was sentenced on February 23, 2022, in Omaha, by United States District Judge Brian C. Buescher for conspiracy to distribute 50 grams or more of pure methamphetamine and money laundering. Henry received a sentence of 168 months’ imprisonment with a five-year term of supervised release to follow. Henry was also ordered to pay a fine in the amount of $8,000. There is no parole in the federal system.
Beginning in mid-2018, a Drug Enforcement Administration task force started investigating the methamphetamine distribution operation of David Short in the Omaha-metro area. This investigation included a court ordered Title III interception of phone calls and text messages, allowing agents to identify the scope of the conspiracy and its members. As part of this investigation, Henry was identified as a source of methamphetamine that was delivering to the Omaha-metro area.
On October 29, 2020, Henry delivered 387 grams of pure methamphetamine to an undercover DEA agent. On November 12, 2020, Henry was arrested and was in possession of two pounds of methamphetamine. A search of Henry’s residence revealed another pound of methamphetamine. Additional evidence showed that Henry was sending the money obtained from the sale of methamphetamine to Sinaloa, Mexico.
This effort was 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.
This case was investigated by the DEA, Nebraska State Patrol, and the Omaha Police Department.
West Fork Woman Sentenced over 6 Years in Federal Prison for Drug TraffickingRead the Press Release
FAYETTEVILLE – A West Fork woman was sentenced today to 78 months in prison followed by three years of supervised release on one count of Distribution of 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 September 16, 2020, the 4th Judicial District Drug Task Force (DTF) conducted a controlled purchase of methamphetamine from Christie Marie Soumah, age 45, in Washington County, Arkansas. The methamphetamine was sent to the DEA laboratory in Miami and tested positive for 55.3 grams of pure methamphetamine.
U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The 4th Judicial District Drug Task Force investigated the case.
Assistant U.S. Attorney David Harris prosecuted the case.
Waverly Man Convicted for Theft of Government FundsRead the Press Release
United States Attorney Jan Sharp announced that James Nieman, 45, of Waverly, Nebraska, was sentenced today in Lincoln by United States District Judge John M. Gerrard for theft of government funds. Nieman was sentenced to 5 years’ probation, 12 weekends of intermittent confinement, $272,202 in restitution, and a $100 special assessment. There is no parole in the federal system.
This case began in November of 2017, when SSA received an anonymous tip that Nieman was collecting social security disability payments, representing that he did not work due to disability. Meanwhile, he was self-employed as a floor installer. Nieman received SSI and HHS Medicare benefits from November 2001 to March 2019. During that time, he voluntarily, intentionally, and knowingly made misrepresentations regarding his employment and income to receive benefits to which he was not entitled.
Based upon Nieman’s misrepresentation he was not eligible for SSI nor Medicare benefits. The investigation revealed that Nieman received $226,737.70 in SSI benefits to which he was not entitled and $45,464.30 in HHS benefits to which he was not otherwise entitled to, totaling $272,202.00
This case was investigated by the Office of the Inspector General for the Social Security Administration.
Washington County Man Sentenced to 192 Months for Possessing and Distributing Child PornographyRead the Press Release
ALBANY, NEW YORK – Sean Eckrote, age 38, of Granville, New York, was sentenced today to 192 months in prison for possessing and distributing child pornography.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Eckrote pled guilty on June 3, 2021, admitting to possessing and distributing images and videos of child pornography to members of a private chat group. Eckrote admitted that he distributed child pornography to others in exchange for other child pornography, and to gain acceptance within the private chat group. Eckrote also admitted to possessing additional images and videos of child pornography on his cell phone, including depictions involving the sexual abuse and exploitation of toddlers.
Chief United States District Judge Glenn T. Suddaby also imposed a 30-year term of supervised release, which will begin after Eckrote is released from prison. Eckrote will also be required to register as a sex offender.
The case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, and Homeland Security Investigations, and was prosecuted by Assistant U.S. Attorney Ashlyn Miranda as part of Project Safe Childhood.
Project Safe Childhood is a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
United States and United Arab Emirates Sign Bilateral Agreement Enhancing Law Enforcement CooperationRead the Press Release
On Thursday, the United States and United Arab Emirates (UAE) signed a mutual legal assistance treaty (MLAT) enhancing evidence sharing, judicial cooperation and assistance in criminal investigations and prosecutions.
U.S. Embassy Abu Dhabi Chargé d’Affaires Sean Murphy and Emirati Minister of Justice Abdullah Sultan Al Nuaimi signed the MLAT on behalf of their nations at the Ministry of Justice in Abu Dhabi, UAE. The bilateral U.S.-UAE instrument was negotiated over the past several years by the Department of State’s Office of the Legal Adviser and the Justice Department’s Office of International Affairs.
This historical bilateral agreement with the UAE will further strengthen relations and advance law enforcement cooperation between the two countries. The MLAT will improve and streamline U.S. law enforcement’s ability to obtain and exchange evidence needed for investigations and prosecutions and deepen the cooperation against terrorism and transnational organized crime, including cybercrime. The treaty removes onerous procedural obstacles to cooperation while ensuring adherence to the protections of the U.S. Constitution and other laws.
Present at the signing were officials from the Justice Department’s Office of International Affairs, U.S. Department of State, U.S. Embassy Abu Dhabi, FBI and the UAE’s Ministry of Justice and Ministry of Foreign Affairs and International Cooperation.
The new agreement enhances bilateral relations by affording both nations with improved information-sharing and creates a regularized and streamlined channel for obtaining law enforcement assistance. The MLAT will better enable prosecutors to exchange information facilitating the prevention, investigation and prosecution of crime. It will improve cooperation in the fight against terrorism, cybercrime, drug trafficking, bulk cash smuggling, money laundering, fraud and other serious transnational criminal offenses.
United States Attorney Dena J. King Participates in Youth Discussion About Teen Dating ViolenceRead the Press Release
CHARLOTTE, N.C. – February is National Teen Dating Violence Awareness and Prevention Month (TDVAPM). U.S. Attorney Dena J. King was joined yesterday by representatives with Charlotte-Mecklenburg Schools and Mecklenburg County’s Community Support Services to host a discussion on the topic of youth violence, with a focus on teenage unhealthy and abusive relationships.
In observing TDVAPM, U.S. Attorney King said, “This year’s theme is ‘Talk About It’ and that is exactly what all of us should be doing. Engaging in conversations with teenagers about what teen dating violence is, what it looks like, what it feels like, how to prevent it from happening, and how young people can protect themselves from abusive dating situations.”
During yesterday’s discussion with more than 15 youths, U.S. Attorney King talked about the importance of teaching young people how to navigate romantic relationships, how to communicate their feelings in healthy ways, and how to handle emotional situations in a non-aggressive manner. The discussion also centered around the many forms of teen dating abuse such as physical, psychological, sexual, emotional and verbal aggression, harassment, stalking, and exploitation, and warned teens that dating abuse happens in person, via social media or through a different mode of technology.
U.S. Attorney King also highlighted the importance of reporting the abuse. According to statistics, one in three teens in the United States will experience a form of abuse from an intimate partner before adulthood. U.S. Attorney King further noted that teen dating violence cuts across lines of age, gender, race, religion and socioeconomic status, and that dating abuse is just as serious in LGBTQ+ relationships as it is in heterosexual relationships.
During the discussion, the participants discussed the role of social media and the intersection between technology and teen dating violence. “As technology advances and our means of communication change, so does the form of dating violence. Tweens, teens and young adults who are victims of cyber stalking, text messaging harassment, and cyber bullying are just as much in danger as victims of physical abuse,” U.S. Attorney King stated. “What’s equally significant is that the experience of violence, abuse and trauma in the formative years can change the trajectory of a young person’s life.”
As the misuse of technology is becoming an increasingly common tactic on the part of harmful partners, the Department of Justice’s Office on Violence Against Women (OVW) has shared a new resource funded by the OVW, the Teens and Technology Resource Series. The Teens and Technology resources aim to help adults who teach, work with, and care for teenagers understand technology from their perspective to empower teenagers to safely navigate relationships and technology use. These resources include examples of technology abuse, uses and misuses of social media applications, and five ways to engage with young people.
If you or someone you know is experiencing domestic violence, intimate partner violence, sexual violence, or stalking, there are many services available to help, including:
Teen Dating Abuse Hotline, 1-866-331-9474, text ‘LOVEIS’ to 22522, or visit loveisrespect.org;
- State, territory and tribal sexual assault and domestic violence coalitions, which can direct you to local resources and services, as well as opportunities to get involved; and
- The StrongHearts Native Helpline, which offers online chat on their website and a hotline – at 1-844-7NATIVE (or 1-844-762-8483) and provides culturally-appropriate services and advocacy to American Indian and Alaska Native survivors of domestic violence, intimate partner violence, and sexual violence.
To close out Teen Dating Violence Awareness and Prevention Month, on Monday, February 28, 2022, at 12:00 p.m. CST join @SAFEatx program Expect Respect for a youth-led workshop to learn more about the issue, how to support youth experiencing dating violence, & how to prevent it from happening. https://us02web.zoom.us/j/87664006352#success
U.S. Attorney’s Office announces settlement agreement with Santa Fe Boys and Girls Club over special project grantsRead the Press Release
ALBUQUERQUE, N.M. – U.S. Attorney for the District of New Mexico Fred J. Federici today announced a settlement agreement with the Santa Fe Boys and Girls Club to resolve issues involving two special project grants awarded to the Club.
According to the settlement agreement, the U.S. Department of Housing and Urban Development (HUD) awarded two grants to the Club to purchase land for construction of a new facility. HUD granted the Club $268,245 in 2003 and $497,050 in 2004, from which a total of $750,986.51 was distributed to the Club. In 2005 the Club used the funds to purchase a parcel of land located at 1107 Ocate Road in Santa Fe, New Mexico.
At issue was the Club’s failure to use the grant funds as outlined in the agreements. The government asserted that the Club failed to build a new facility and then did not return the funds as prescribed by HUD, federal law, and the grant agreements. Additionally, the sale of portions of the land by the Club, other encumbrances on the land incurred by the Club, and the Club’s failure to remit the proceeds of those encumbrances to the United States violate federal law, the grant agreements and the False Claims Act.
“The United States relies on grant recipients to use taxpayer-funded grants appropriately,” said U.S. Attorney Federici. “Failure to do so violates the law and the public trust and will be vigorously pursued by the Department of Justice.”
"This unfortunate mismanagement of HUD program funding not only violates the public trust, it is a gross injustice to the communities directly impacted," said Special Agent-in-Charge Bertrand Nelson with the HUD Office of Inspector General (OIG). "HUD OIG is committed to ensuring HUD community development grants are appropriately managed and used for the benefit of the communities they are intended to assist."
In accordance with the settlement, the Club has paid $1,407,640.58 to the United States. The United States releases the Club from any civil or administrative monetary claim for the Club’s conduct in this matter under the False Claims Act.
Assistant United States Attorney Sean Cunniff and Auditor Julie Chappell represented the United States in this settlement agreement.
U.S. Attorney’s Office Enforces Americans with Disabilities Act Against Airport Parking CompanyRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that it resolved a claim of discrimination under the Americans with Disabilities Act against Canopy Airport Parking and its parent company, ProPark, Inc.
Canopy Parking operates a 4,500-space parking lot near the Denver International Airport. As part of its airport-parking service, Canopy provides a shuttle service to the airport. A complaint was filed with the U.S. Attorney’s Office against Canopy by a customer who uses a wheelchair because of a disability. The complainant and his wife alleged that in December 2018, Canopy was unable to provide wheelchair-accessible shuttle service from its parking lot to the Denver International Airport. The complainant had called and e-mailed ahead. Canopy represented that a wheelchair-accessible shuttle would be available. But when the complainant and his wife arrived at Canopy, they discovered that the only wheelchair-accessible shuttle had been out of service for weeks. The couple had to park elsewhere and risked missing their flight as a result of Canopy’s failure to ensure wheelchair-accessible shuttle service. The complainant alleged that Canopy violated the Americans with Disabilities Act. That Act requires companies to ensure equal access to transportation services for customers who use wheelchairs.
To resolve the complaint, Canopy agreed to pay $2,000 in compensatory damages to the complainant. Canopy also agreed to buy two wheelchair-accessible shuttles, develop a plan to ensure that customers who use wheelchairs would be provided with the same service as other customers, train its employees, and adopt other policies and procedures to comply with the Americans with Disabilities Act.
“Companies that provide transportation for their customers must serve individuals with disabilities equally, including customers who use wheelchairs,” said U.S. Attorney Cole Finegan. “We are pleased that Canopy has agreed to acquire wheelchair-accessible vehicles and to implement policies and procedures to comply with the Americans with Disabilities Act.”
Canopy’s parent company, Propark, is headquartered in Hartford, Connecticut.
This case was handled by Assistant U.S. Attorney Zeyen Wu.
Two Shotgun-Wielding Carjackers Who Attacked Rideshare Driver and Passenger Near Philadelphia Zoo Federally ChargedRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Alex Fernandez-Pena, 32, and Juan Jose Rodriguez, 20, both of Philadelphia, PA, were arrested and charged by Indictment on charges of carjacking and brandishing a firearm during a crime of violence stemming from an incident earlier this year in the Parkside section of Philadelphia. Both defendants were taken into federal custody and will make their initial appearances on these charges tomorrow, February 24, 2022.
On January 3, 2022, the defendants used their Honda Accord to bump the rear bumper of a Lyft vehicle, an Infiniti G37, that was transporting a passenger on the 1100 block of North 40th Street. After the Lyft driver exited his vehicle, Fernandez-Pena allegedly pointed a 12-gauge shotgun at the driver-victim and then drove off with the Lyft vehicle after its passenger escaped through a rear door. The driver-victim, who had a license to carry a firearm, shot Fernandez-Pena before the defendant drove away in the victim’s vehicle. The victim then shot Rodriguez, the suspect who allegedly initiated the attack by rear-ending the Infiniti, after Rodriguez threatened to run the victim over with his Honda. Philadelphia Police officers subsequently captured both defendants nearby. The attack occurred in broad daylight around 2:30 p.m., less than a mile away from family attractions like the Please Touch Children’s Museum and the Philadelphia Zoo.
“As we have said many times since launching the #AllHandsOnDeck initiative, our Office and our federal partners are doing everything we can to support the Philadelphia Police Department and prosecute cases federally when appropriate,” said U.S. Attorney Williams. “Here, the defendants allegedly committed a brazen carjacking at gunpoint in the middle of the afternoon in busy neighborhood; an offense that certainly meets the criteria for federal indictment. We are committed to bringing the full might of the federal justice system to this battle.
“ATF’s main objective will always be keeping our citizens safe,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “This indictment is indicative of ATF’s continued efforts working with our partners and proudly serving as part of the joint carjacking task force, being led by the Philadelphia Police Department. We will continue working with our local, state, and federal partners in making sure violent individuals are held accountable when they threaten the safety of the community.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
If convicted, each defendant faces a maximum possible sentence of life in prison, as well as a mandatory minimum sentence of seven years’ incarceration.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Michael R. Miller.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Men Sentenced to Fifteen Years in Federal Prison for Their Fourteen Hour Armed Robbery Spree in Evansville and ElberfieldRead the Press Release
EVANSVILLE – Davontai Jones-Robinson, 25, of Evansville, Indiana, and Trinity Taylor, 27, of Prattville, Alabama, were sentenced to federal prison late yesterday for the armed robbery of three different convenience stores. The robberies took place in under fourteen hours on August 13 and 14, 2020 in Vanderburgh and Warrick Counties. The men were each sentenced to fifteen years in federal prison for federal offenses including commercial robbery, conspiracy, and related firearms offenses.
As part of their guilty pleas, the defendants admitted that on the evening of August 13, 2020, Taylor drove Jones-Robinson to a Kwik Stop convenience store in Evansville. Jones-Robinson entered the store with a rifle, brandished the firearm at the clerk, and stole an unknown quantity of cash and cigarettes from the business. During the robbery, Taylor circled the store in the getaway car he had rented from Alabama three days earlier. After the robbery, Jones-Robinson returned to the car with the rifle and robbery proceeds and fled with Taylor. The two men split the proceeds and, according to Jones-Robinson, spent them at the Tropicana Casino.
Hours later, early in the morning of August 14, 2020, Taylor drove Jones-Robinson to a Circle K convenience store in Evansville. Again, Jones-Robinson entered the store with a rifle and brandished the firearm at the clerk. Jones-Robinson demanded that the clerk open the cash register and then stole an unknown quantity of cash and cigarettes. Taylor again waited nearby in the getaway car. After the second robbery, the two men fled from the scene together and split the proceeds of the robbery.
Several hours after the second robbery, in the late morning of August 14, 2020, Taylor drove Jones-Robinson to a Chuckles convenience store in Elberfield, Warrick County. Again, Jones-Robinson entered the store with a rifle and brandished the firearm at the clerk. Taylor again waited nearby in the getaway car. After the third robbery, the two men again fled from the scene together and split the proceeds of the robbery.
That afternoon, law enforcement officers located Taylor driving the car he had rented and used as the getaway car in each of the three robberies. At the time, Taylor was in possession of nearly $300 in U.S. currency.
Very early in the morning of August 15, 2020, law enforcement officers executed a search warrant at an Evansville residence shared by Jones-Robinson, Taylor, and another individual. Investigators seized clothing apparently worn by Jones-Robinson during the three robberies. Around the same time, law enforcement officers located Jones-Robinson. Jones-Robinson disclosed the location of the rifle he used to commit the robberies, and investigators seized it along with cash from Jones-Robinson’s car that were a portion of the proceeds of the robberies.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, and FBI Indianapolis Acting Special Agent in Charge Gregory Nelsen made the announcement.
The Federal Bureau of Investigations Indiana Violent Crime Task Force investigated the case. The Evansville Police Department, Warrick County Sheriff’s Department, and the Indiana State Police also provided valuable assistance. The sentences were imposed by U.S. District Court Judge Richard L. Young. As part of the sentence, Judge Young ordered that the defendants be supervised by the U.S. Probation Office for three years following their release from federal prison.
U.S. Attorney Myers thanked Assistant U.S. Attorney Todd S. Shellenbarger who prosecuted this case.
Twelve defendants charged related to drug distribution conspiracy after joint federal, state, and local operation in North CharlestonRead the Press Release
CHARLESTON, SOUTH CAROLINA — A joint team of federal, state, and local law enforcement officers arrested 12 individuals today who have all been charged in federal court for their roles in a drug trafficking organization that operated in and around North Charleston.
These defendants have been charged by indictment with conspiracy to possess with intent to distribute and to distribute heroin, cocaine, crack cocaine, methamphetamine, and marijuana. Additionally, some of the defendants have been charged with various firearms offenses. The following defendants have been arrested:
- FREDRICK WENDELL MCCRAY, a/k/a “Dub,” 41, of North Charleston was charged with conspiring to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine, 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, and a quantity of heroin, as well as possession of a firearm in furtherance of drug trafficking and unlawful possession of a firearm and ammunition.
- TYRONE COX, a/k/a “T-Player,” 41, of North Charleston, was charged with conspiring to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine, as well as possession of a firearm in furtherance of drug trafficking and unlawful possession of ammunition.
- TYRONE WILSON, a/k/a “Mooch,” 60, of North Charleston, was charged with conspiring to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine, as well as possession of a firearm in furtherance of drug trafficking and unlawful possession of ammunition.
- LAJUSTIN WILLIAMS, a/k/a “Smurf,” 39, of North Charleston, was charged with conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a quantity of cocaine, and a quantity of marijuana.
- TERRELL KURT MYERS, a/k/a “Relly Boy,” a/k/a “Nut,” 40, of North Charleston, was charged with conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine, a quantity of methamphetamine, and a quantity of marijuana.
- KEVIN WILLIAM DUKES, a/k/a “KD,” 36, of North Charleston, was charged with conspiring to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine, a quantity of methamphetamine, and a quantity of heroin.
- DEMETRIC GANTT, a/k/a “Meech,” 42, of North Charleston, was charged with conspiring to distribute 28 grams or more of a mixture or substance containing a detectable amount of crack cocaine.
- TRAVIS WRIGHT, a/k/a “Beno,” 41, of North Charleston, was charged with conspiring to distribute 28 grams or more of a mixture or substance containing a detectable amount of crack cocaine.
- KENNETH ROGER BROWN, a/k/a “Kenny G,” a/k/a “Three,” 31, of North Charleston, was charged with conspiring to distribute a quantity of cocaine.
- CORNELIUS WALKER, a/k/a “Lil Black,” 19, of North Charleston, was charged with conspiring to distribute a quantity of cocaine, a quantity of methamphetamine, and a quantity of marijuana, as well as possession of a machine gun in furtherance of drug trafficking and unlawful possession of a machine gun.
- KENDRICK SMALLS, a/k/a “Ken Lo,” 31, of North Charleston, was charged with conspiring to distribute a quantity of cocaine, unlawful possession of a firearm and ammunition, and unlawful possession of a machine gun.
CLAYTON THOMAS, a/k/a “CJ,” 22, of North Charleston, was charged by separate indictment with multiple counts of knowingly making a false statement in connection with the acquisition of the firearms.
Agents are still searching for a fugitive in the case who has also been charged in the conspiracy.
Several defendants also are charged with one or more counts of using a telephone in furtherance of drug trafficking. If they are convicted the defendants face various penalties, with some facing up to life in prison.
During the investigation into these drug trafficking organizations, agents have seized substantial amounts of cocaine, crack cocaine, heroin, methamphetamine, and firearms, some of which were illegally modified to operate as fully automatic machine guns.
“Drug organizations, especially those using firearms, are a serious and direct threat to the communities they invade, and this office will always stand with our federal, state, and local partners to protect the South Carolinians that call these places home,” said U.S. Attorney Corey F. Ellis. “In addition to our many partners who assisted in this operation, I want to especially thank the brave men and women who put themselves in harm’s way this morning to safely and professionally execute the takedown in this case.”
“Today’s arrests demonstrate our commitment to taking drug offenders off the street,” said FBI Columbia Special Agent in Charge Susan Ferensic. “The FBI’s reach is far and wide and we, along with our law enforcement partners, are dedicated to using the necessary measures to aggressively investigate and root out those who are at the core of these problems in our South Carolina communities.”
“Today’s operation should send a very clear message to criminal organizations: intimidation, violence, and their associated crimes will not be tolerated in our community,” said Special Agent In Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina and South Carolina. “HSI Charleston proudly collaborates with our federal, state, and local partners to protect the safety of the public and I am confident that the success achieved during this interagency partnership will only continue to grow in future efforts.”
The case was investigated by the Federal Bureau of Investigation (FBI) Lowcountry Violent Crime Task Force, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Homeland Security Investigations (HSI), Charleston County Sheriff’s Office, North Charleston Police Department, Charleston Police Department, Berkeley County Sheriff’s Office, Dorchester County Sheriff’s Office, Mount Pleasant Police Department, Summerville Police Department, South Carolina Law Enforcement Division (SLED), Ninth Circuit Solicitor’s Office, and the Charleston County Aviation Authority.
This operation is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Assistant United States Attorneys Allessandra Stewart, Chris Lietzow, and Everett McMillian are prosecuting the case.
The United States Attorney stated that all charges in this indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Three Former Minneapolis Police Officers Convicted of Federal Civil Rights Violations for Death of George FloydRead the Press Release
Following a trial that lasted nearly five weeks, a federal jury in St. Paul, Minnesota, found three former Minneapolis Police Department (MPD) officers guilty of federal civil rights offenses arising out of the death of George Perry Floyd Jr. on May 25, 2020.
Former MPD Officers Tou Thao and J. Alexander Kueng were found to have deprived Mr. Floyd of his constitutional right to be free from an officer’s unreasonable force when each willfully failed to intervene to stop former MPD Officer Derek Chauvin’s use of unreasonable force, resulting in bodily injury to and the death of Mr. Floyd. Thao, Kueng and former MPD Officer Thomas Lane also were found to have deprived Mr. Floyd of his constitutional right to be free from a police officer’s deliberate indifference to his serious medical needs when they saw him restrained in police custody in clear need of medical care and willfully failed to aid him, resulting in bodily injury to and the death of Mr. Floyd. Both offenses are violations of Title 18, U.S. Code, Section 242.
The convictions announced today are separate from and in addition to any and all charges the State of Minnesota has brought against these former officers related to the death of Mr. Floyd. The federal charges addressed civil rights offenses that criminalize violations of the U.S. Constitution.
“Today’s verdict recognizes that two police officers violated the Constitution by failing to intervene to stop another officer from killing George Floyd, and three officers violated the Constitution by failing to provide aid to Mr. Floyd in time to prevent his death,” said Attorney General Merrick B. Garland. “The Justice Department will continue to seek accountability for law enforcement officers whose actions, or failure to act, violate their constitutional duty to protect the civil rights of our citizens. George Floyd should be alive today.”
Co-defendant Derek Chauvin previously entered a guilty plea in connection with the federal case. Chauvin pleaded guilty to willfully depriving Mr. Floyd of his constitutional rights while Chauvin was serving as an MPD officer. Chauvin also acknowledged that his conduct resulted in death and that he acted in callous and wanton disregard of the consequences to Mr. Floyd’s life. In addition, Chauvin was tried in state court and convicted of second-degree murder. In 2021, Chauvin was sentenced in state court to 22.5 years in prison.
Evidence presented at the federal trial for defendants Thao, Kueng and Lane established that on May 25, 2020, then-MPD Officer Chauvin held his knees on Mr. Floyd’s neck and back as Mr. Floyd lay on the ground, handcuffed and unresisting. As soon as Mr. Floyd was on the ground, Chauvin placed his knee on the back of Mr. Floyd’s neck, while Kueng placed his knee on Floyd’s lower body. Chauvin would not remove his knee for the next nine minutes and 29 seconds, and Kueng maintained his position for the next eight minutes and 11 seconds. Throughout this period, Mr. Floyd pleaded with officers 25 times to let him breathe.
As Mr. Floyd lost consciousness and a pulse, Chauvin and Kueng maintained their positions on his body. Even as Mr. Floyd ceased movement and stopped speaking, and even as Lane noted that Mr. Floyd was “passing out” and Kueng said he could not find a pulse, none of the CPR-certified defendants did anything to stop Chauvin from keeping his knee on Mr. Floyd’s neck or to render the medical aid that they were trained and required to provide. Even as EMTs arrived and checked Mr. Floyd’s pupils and pulse, Chauvin did not move his knee and the other officers on scene did not render aid to Mr. Floyd.
Firefighters and EMTs unsuccessfully attempted to revive Mr. Floyd on the way to the hospital, where he was pronounced dead. The county medical examiner ruled Mr. Floyd’s death was a homicide due to cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression.
After the incident, an MPD supervisor and, later, an MPD lieutenant, spoke with Lane and Kueng. On both occasions, Lane and Kueng both omitted that Chauvin had knelt on Mr. Floyd’s neck, that Mr. Floyd had been restrained on his stomach for nine and a half minutes, that Mr. Floyd had lost consciousness, and that officers had not been able to find a pulse. Additionally, Kueng told the supervisor that Mr. Floyd did not stop moving until after an ambulance arrived on scene, which he admitted at trial was false. At trial, the MPD lieutenant testified that, after watching video taken by a bystander, he realized that what he was told and what was on the video was “totally different.” He further testified that if an MPD officer observed another officer using too much force or doing something illegal, the officer has a duty to intervene to stop it, regardless of rank or seniority. Testimony offered at trial established that this duty to intervene is enshrined in MPD policy and is a component of the police department’s training program.
Evidence presented at trial also showed that MPD officers were required to complete emergency medical responder (EMR) training prior to entering the police academy, which includes CPR training. Further, MPD policy requires officers to determine if a subject is injured after a use of force and to render medical aid as soon as reasonably practical and requires officers assisting a person experiencing a medical crisis to provide first aid while awaiting EMS.
The jury found that the defendants disregarded this training and willfully violated Mr. Floyd’s constitutional rights. Kueng and Thao failed to intervene to stop Chauvin’s use of unlawful force and all three defendants failed to provide aid to Mr. Floyd as he suffered a medical emergency at the hands of a fellow police officer.
The jury found that the defendants disregarded this training and willfully violated Mr. Floyd’s constitutional rights. Kueng and Thao failed to intervene to stop Chauvin’s use of unlawful force and all three defendants failed to provide aid to Mr. Floyd as he suffered a medical emergency at the hands of a fellow police officer.
No sentencing date has been set. The statutory maximum sentence for the death-resulting violation of Section 242 is life in prison.
Attorney General Merrick B. Garland, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Charles J. Kovats and Special Agent in Charge Michael F. Paul of the FBI’s Minneapolis Division announced today’s verdict.
The investigation was conducted by the FBI with the cooperation of the Minnesota Bureau of Criminal Apprehension. The case is being prosecuted by Special Litigation Counsel Samantha Trepel and Trial Attorney Tara Allison of the Justice Department’s Civil Rights Division, and Assistant U.S. Attorneys Samantha Bates, LeeAnn Bell, Evan Gilead, Manda Sertich and Allen Slaughter of the District of Minnesota.