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Friday 21 January 2022
Gulfport Man Sentenced for Firearms OffenseRead the Press Release
Gulfport, Mississippi – A Gulfport man was sentenced to 24 months in prison for being an unlawful user of a controlled substance in possession of a firearm, announced U.S. Attorney Darren J. LaMarca and Brad L. Byerley, Special Agent in Charge of the Drug Enforcement Administration.
According to court documents and proceedings, on July 27, 2021, law enforcement officers observed what they believed to be a hand-to-hand drug transaction between an individual and occupants of a car parked in the street. Officers detained the occupants of the vehicle and the individual who approached the vehicle. Michael Hamilton, 27, was the driver of the vehicle.
Hamilton admitted to officers that he was in possession of pain pills and relinquished 14 dosage units of Oxycodone to the officers. Hamilton did not have a prescription for the medication. Hamilton was also in possession of a 9mm firearm, which was loaded with 11 rounds of ammunition. Hamilton was taken into custody. Post-Miranda, he admitted to being a habitual user of prescription pain medication and marijuana.
Hamilton pled guilty on October 20, 2021 to being an unlawful user of a controlled substance in possession of a firearm.
The DEA and Gulfport Police Department investigated the case.
Assistant U.S. Attorney Jonathan Buckner prosecuted 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.
Guatemalan Man Sentenced to 12 Months for Identity Theft Involving Employment and Bank FraudRead the Press Release
United States Attorney Jan Sharp announced that Matias Garcia-Paiz, 49, of Guatemala, was sentenced today in federal court in Omaha, Nebraska for Use of an Immigration Document Not Lawfully Issued and for Bank Fraud. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Garcia-Paiz to 12 months’ imprisonment and ordered restitution in the amount of $2,133.64. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release. Garcia-Paiz will be deported by U.S. immigration authorities after completing his sentence of imprisonment.
On April 14, 2021, investigators received information concerning a complaint of identity theft filed by an out of state victim. The victim reported that his Social Security number was used for employment at Smithfield Foods in Omaha and that his name, date of birth, and Social Security number had also been used at Cobalt Federal Credit Union to obtain a vehicle purchase loan in the amount of $16,522. Investigators obtained the Nebraska Driver’s License number used with the victim’s Social Security for employment at Smithfield Foods.
The Nebraska Department of Motor Vehicles (NEDMV) fraud unit assisted with the investigation by providing photographs of the person to whom the Driver’s License was issued and confirmed that he had used the victim’s name and date of birth. A comparison of the victim’s biographical information with photographs from the NEDMV revealed the individual in the NEDMV photographs was an imposter.
On June 5, 2020, an individual matching Garcia-Paiz’s description provided the same Nebraska Driver’s License as proof of identification to secure a used vehicle purchase loan in the amount of $16,522. Cobalt Federal Credit Union, a federally insured financial institution, approved the loan for the purchase of a 2013 Nissan Murano.
On September 2, 2020, Garcia-Paiz completed a U.S. Citizenship and Immigration Services Form I-9, Employment Eligibility Verification at Express Employment Professionals using the victim’s name, date of birth, and Social Security Number. The form showed that Garcia-Paiz provided the Driver’s License and a Social Security card bearing the victim’s SSN as proof of identity.
On April 30, 2021, investigators arrested Garcia-Paiz upon locating the 2013 Nissan Murano registered under the victim’s name. Following Garcia-Paiz’s arrest investigators captured his fingerprints and photograph for digital comparison and verification of his identity. That comparison matched Garcia-Paiz’s fingerprints to an existing FBI number and state identification card numbers issued in Georgia and Nebraska.
A review of records associated with the identification numbers found that U.S. immigration authorities arrested Garcia-Paiz using his true name on March 9, 1989 at or near Tucson, Arizona. The records further showed that Garcia-Paiz had been deported in 1989.
This case was investigated by Homeland Security Investigations, the Omaha Police Department, and the Nebraska Department of Motor Vehicles.
Greenbrier County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – Andrew Allen Arnold, 34, of White Sulphur Springs, pleaded guilty today a federal gun crime.
According to court documents and statements made during the plea hearing, Arnold was involved in an altercation at a gas station in White Sulphur Springs on May 7, 2019. Law enforcement officers responded to the disturbance at the gas station and found Arnold shouting at and threatening a female who had barricaded herself in the gas station bathroom. Upon searching Arnold, law enforcement officers found a loaded Charter Arms “Pink Lady” .38 Special revolver in his front pants pocket. Arnold admitted that the serial number markings on the firearm had been obliterated and that he was prohibited from possessing the firearm as a result of a 2016 felony conviction in the Circuit Court of Allegheny, Virginia.
Arnold pleaded guilty to being a felon in possession of a firearm and faces up to 10 years in federal prison when he is sentenced on May 13, 2022.
United States Attorney Will Thompson made the announcement and commended the excellent work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the White Sulphur Springs Police Department.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Patrick Jeffrey is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00197.
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Grandview Man Sentenced for CarjackingRead the Press Release
KANSAS CITY, Mo. – A Grandview, Missouri, man was sentenced in federal court today for carjacking.
Robert J. Rule, 38, was sentenced by U.S. District Judge Greg Kays to 10 years in federal prison without parole. The court also ordered Rule to pay $500 in restitution to his victim.
On July 9, 2021, Rule pleaded guilty to one count of carjacking. Rule admitted that he used a handgun to forcibly take a 2013 Kia Soul from a woman as she was getting ready to back her vehicle out of her driveway. Rule opened the driver’s door and pointed a handgun at the woman. Rule demanded that she get out of the vehicle, then he got in the driver’s seat and drove away.
Kansas City, Mo., police officers tracked the Kia Soul to the area of 11812 NW Plaza Circle in Kansas City. Officers followed Rule as he got into the car and began driving. After a high-speed chase Rule abandoned the vehicle, fled on foot, and was arrested.
This case was prosecuted by Assistant U.S. Attorney D. Michael Green. It was investigated by the FBI and the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
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.
Former Tennessee Clinic Owner Sentenced for Opioid DistributionRead the Press Release
A former nurse practitioner and clinic owner was sentenced in the Eastern District of Tennessee today to 14 years in prison for illegally distributing prescription opioid pills to his patients.
Mark Daniel Allen, 64, of Venice, Florida, was found guilty of six counts of unlawfully distributing controlled substances not for a legitimate medical purpose outside the scope of professional practice and one count of maintaining a drug-involved premises after a three-day trial on Sept. 1, 2021.
According to evidence presented at trial, Allen unlawfully prescribed roughly 15,000 opioid pills to three women with whom he had sexual relationships, and to a male patient who later passed away.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Francis M. Hamilton III for the Eastern District of Tennessee; Special Agent in Charge Joseph Carrico of the FBI’s Knoxville Field Office; Special Agent in Charge Tamala Miles of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Director David Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.
The FBI, HHS-OIG, TBI, Manchester Police Department and Coffee County Sheriff's Office investigated the case.
Trial Attorney Emily Petro of the Criminal Division’s Fraud Section and Assistant U.S. Attorney James Brooks of the Eastern District of Tennessee prosecuted the case.
Former Tennessee Clinic Owner Sentenced to 168 Months for Opioid DistributionRead the Press Release
CHATTANOOGA, Tenn. On January 21, 2022, Mark Daniel Allen, 64, of Venice, Florida, was sentenced to 168 months in prison and $700 in special assessments, followed by three years of supervised released, by the Honorable Travis R. McDonough, in the United States District Court for the Eastern District of Tennessee at Chattanooga.
According to court documents, Allen was found guilty of six counts of unlawfully distributing controlled substances and one count of maintaining a drug-involved premises after a three-day trial, which began on September 1, 2021. Evidence presented at trial showed that Allen unlawfully prescribed approximately 15,000 opioid pills to three women with whom he had sexual relationships, and to a male patient who later passed away.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Francis M. Hamilton III for the Eastern District of Tennessee; Special Agent in Charge Joseph Carrico of the Federal Bureau of Investigation (FBI) Knoxville Field Office; Special Agent in Charge Tamala Miles of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Director David Rausch of the Tennessee Bureau of Investigation (TBI) made the announcement.
The FBI, HHS-OIG, TBI, Manchester Police Department, and Coffee County Sheriff's Office investigated the case.
Assistant U.S. Attorney James Brooks of the Eastern District of Tennessee and Trial Attorney Emily Petro of the Criminal Division’s Fraud Section and prosecuted the case.
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Former Omaha ATF Agent Sentenced for Structuring Money Transactions to Evade Reporting RequirementsRead the Press Release
COUNCIL BLUFFS, IA – Paul A. White, age 52, a former federal agent with the Alcohol, Tobacco, Firearms and Explosives Bureau in Omaha, Nebraska, was sentenced in the District Court of Nebraska to one year of probation and a $5,000 fine by United States District Court Chief Judge Robert F. Rossiter, Jr. White previously pleaded to a United States Attorney’s Information charging a violation of Title 31, United States Code, Sections 5324(a)(3) and 5324(d), Structuring Financial Transactions to Evade Reporting Requirement. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa, based on the recusal of the District of Nebraska United States Attorney’s Office.
According to court documents, from October 29, 2018, to February 26, 2019, White deposited a total of $99,900 in two banks. White structured the deposits to evade the requirement that banks report cash transactions in excess of $10,000.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Office of Inspector General investigated the case.
Former Corrections Officer Sentenced in Public Corruption CaseRead the Press Release
MOBILE, AL – A Monroeville, Alabama woman was sentenced today to 18 months in prison for conspiracy to commit bribery.
According to court documents, Lakerdra Shanta Snowden, 31, was charged with conspiracy to commit bribery, bribery concerning a program receiving federal funds, providing contraband to a federal prisoner, and conspiracy to distribute a controlled substance. The charges stem from Snowden’s abuse of her position as a corrections officer at the Escambia County Detention Center (“ECDC”) in Brewton, Alabama. In that role, Snowden smuggled prohibited items into the jail and did other corrupt things on behalf of a federal detainee housed there. In exchange, Snowden accepted cash payments from the detainee totaling more than $5,000.
On July 20, 2021, Snowden pleaded guilty to conspiracy to commit bribery. In connection with her guilty plea, Snowden admitted that she knowingly conspired with the detainee and others to commit federal funds bribery, and that the purpose of the bribery conspiracy was for her to enrich herself by abusing her official position to bring prohibited objects into the jail, which she would then provide to the detainee in exchange for money. The contraband items that Snowden smuggled into ECDC for the detainee included U.S. currency, phones, and K2 spice paper—items that she admitted threatened the order, discipline, and security of the jail, as well as the life, health, and safety of the individuals housed there.
United States District Judge Kristi K. DuBose ordered Snowden to serve a two-year term of supervised release upon her release from prison and to pay $100 in special assessments.
U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Federal Bureau of Investigation and the Escambia County Sheriff’s Office investigated the case.
Assistant U.S. Attorneys Justin Roller and Sinan Kalayoglu prosecuted the case on behalf of the United States.
Flathead County meth trafficker sentenced to 10 years in prisonRead the Press Release
MISSOULA — A Hungry Horse woman who admitted to distributing methamphetamine throughout Flathead County was sentenced today to 10 years in prison to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Kalynn Marie Moskaloff, 25, pleaded guilty in September 2021 to possession with intent to distribute meth.
U.S. District Judge Donald W. Molloy presided.
The government alleged in court documents that law enforcement investigations learned that Moskaloff was involved in distributing meth in Flathead County. During two separate traffic stops of Moskaloff in January 2020 and February 2021, officers found meth and firearms in the vehicles.
Assistant U.S. Attorney Jennifer S. Clark prosecuted the case, which was investigated by FBI’s Montana Regional Violent Crime Task Force, the Flathead County Sheriff’s Office and Kalispell Police Department.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Fentanyl Dealer Sentenced to over Four Years in PrisonRead the Press Release
BOSTON – A Dominican national previously residing in Lawrence was sentenced today for drug trafficking activities involving fentanyl and oxycodone.
Jose Amador Guerrero, 30, was sentenced by U.S. District Court Judge Indira Talwani to 56 months in prison and three years of supervised release. On Oct. 20, 2021, Guerrero pleaded guilty to two counts of distribution of fentanyl and oxycodone; three counts of distribution of 40 grams or more of fentanyl; and one count of possession with intent to distribute 400 grams or more of fentanyl.
In June 2020, Guerrero contacted a phone number he had received through contacts in the drug trade, in an attempt to gain a new customer – not realizing that the number was that of an undercover agent. Between June and August 2020, Guerrero met with the undercover agent on five separate occasions in Lawrence to sell fentanyl pills and powder and oxycodone powder. Guerrero was arrested on Aug. 26, 2020, after completing the fifth sale. A subsequent search of Guerrero’s apartment resulted in the seizure of an additional 837 grams of fentanyl, packaged for sale, along with drug packaging and distribution paraphernalia. In total, Guerrero sold or possessed with intent to sell 1.378 kilograms of fentanyl.
United States Attorney Rachael S. Rollins and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement. Valuable assistance was provided by the Lawrence Police Department. Assistant U.S. Attorney Stephen Hassink of Rollins’ Narcotics and Money Laundering Unit prosecuted the case.
Feds Step-Up Focused Effort to Deter Violent Crime in PhiladelphiaRead the Press Release
As Part of All Hands on Deck Initiative, U.S. Attorney’s Office Secures Indictments Against Delaware Man Accused in FDR Park Carjacking and Against Philadelphia Felon for Attempted Armed Robbery and Shooting of Convenience Store Owner, and Obtains Lengthy Prison Sentence for Drug and Firearms Trafficker.
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced a series of updates on violent crime cases being prosecuted by the U.S. Attorney’s Office for the Eastern District of Pennsylvania, as the Office continues to emphasize its All Hands On Deck initiative which brings together federal law enforcement and agency partners to tackle the serious violent crime problem in the City of Philadelphia.
“When I announced the All Hands On Deck initiative in April 2021, I vowed that we would do all we could to stop the violence ravaging our city and support the Philadelphia Police Department in its work,” said U.S. Attorney Williams. “I also put violent criminals on notice that we were doubling down on our efforts to identify, arrest, and charge them for their crimes. The Indictments and sentencing result announced today show that we have kept our word to focus on getting the most violent offenders off the street and behind bars for a long time, so they cannot hurt anyone else in the community. And with more than 30 homicides so far in just the first 20 days of the year, our diligence and commitment to this work comes at a critically important time.”
On January 18, 2022, Eric Long, 52, of Philadelphia, PA, was arrested and charged by Indictment with one count of attempted Hobbs Act robbery, one count of possession of a firearm by a felon, and one count of carrying and using a firearm during a crime of violence. The Indictment alleges that in December 2020, the defendant entered the Express One convenience store on the 2000 block of East Allegheny Avenue in Philadelphia, demanded money from the store manager while brandishing a firearm, and then shot the store owner with that firearm multiple times. Long is also charged with illegally possessing the firearm as a previously convicted felon. If convicted, defendant Long faces a maximum possible sentence of life imprisonment, five years of supervised release, a $750,000 fine, $300 in special assessments, restitution, and forfeiture.
On January 19, 2022, Dwayne Gary, 36, of Philadelphia, PA, was sentenced to nine years in prison and five years of supervised release by United States District Judge Cynthia M. Rufe for his participation in a conspiracy to distribute, and distribution of, more than 200 grams of heroin in 2017. While engaging in this drug distribution activity, Gary also organized the sale of a firearm while in custody on an unrelated criminal charge. The defendant pleaded guilty to this four-count Indictment in September 2021.
Finally, on January 20, 2022, Josiah Brown, 19, of Wilmington, DE, was charged by Indictment with one count of carjacking, and one count of carrying and using a firearm during a crime of violence in connection with a December 2021 armed carjacking which occurred at Franklin D. Roosevelt Park in South Philadelphia. According to the Criminal Complaint filed on December 23, 2021, while the victim and an associate were speaking near the victim’s vehicle, an SUV pulled up alongside them and blocked them in. One suspect got out of the SUV, pointed a gun at the victim and demanded the keys to the vehicle, and then fled from the area in the stolen vehicle. Investigators tracked and located the vehicle later that day in Wilmington, and then in New Castle, DE. When multiple individuals approached the parked vehicle in the parking lot of the Christiana Fashion Center in New Castle, law enforcement detained five people, including the defendant who was in possession of the keys to the victim’s vehicle.
“The FBI is fully committed to protecting the safety of our citizens as we combat the violent crime problem here in Philadelphia together with our law enforcement partners,” said Jacqueline Maguire, Special Agent in Charge of the FBI's Philadelphia Division. “And while our work is far from done, the results being announced today are significant steps in getting armed criminals off of Philly’s streets and making our streets safer for all of the innocent citizens who deserve to live without fear.”
“ATF continues to work with our local, state, and federal partners to reduce violence in our communities,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “Facilitating illicit transactions of firearms and narcotics jeopardizes the safety of our citizens. These offenses will always be taken seriously and today the community is safer thanks to the outstanding work by our partners at the U.S Attorney’s Office.”
The United States v. Eric Long case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Kathryn Deal.
The United States v. Dwayne Gary case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and is being prosecuted by Assistant United States Attorney Francis A. Weber.
The United States v. Josiah Brown case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department, with assistance from the Delaware State Police, Wilmington Police Department, and the New Castle County Police Department, and is being prosecuted by Assistant United States Attorney Justin Oshana.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Federal Grand Jury Indicts Man in Connection with Armed Robberies of Suburban Chicago Cell Phone StoresRead the Press Release
CHICAGO — A federal grand jury has indicted a man for allegedly robbing cell phone stores in the Chicago suburbs.
OCIE BANKS, JR., brandished a firearm in three robberies and one attempted robbery in late 2020 and early 2021, according to an indictment unsealed Thursday in U.S. District Court in Chicago. The heists and attempted heist occurred at Metro by T-Mobile stores in Cicero, Ill., and Berwyn, Ill.
The indictment charges Banks, 33, of Berwyn, Ill., with three counts of robbery, one count of attempted robbery, and four counts of using, carrying, and brandishing a firearm during a crime of violence. Banks pleaded not guilty Thursday during his arraignment in federal court.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorney Alejandro G. Ortega.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. Each robbery and attempted robbery is punishable by a maximum sentence of 20 years in federal prison, while each firearm count carries a mandatory seven-year sentence. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Federal Grand Jury Charges Louisville Man Who Shot at ATF Agents with Assaulting Law Enforcement OfficersRead the Press Release
LOUISVILLE, KY – A federal grand jury in Louisville returned an indictment this week charging a Louisville man with assaulting, resisting or impeding agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Response Team (SRT) during the execution of a Louisville Metro Police Department (LMPD) search warrant.
According to court documents, Donald A. Simonton, 68, of Louisville, fired multiple rounds at federal agents from the ATF SRT as they made entry into his residence during the execution of a search warrant. No one was injured during the exchange of gun fire. Federal agents were assisting LMPD with the execution of a search warrant.
Simonton is charged with Assaulting, Resisting, or Impeding Federal Officers and with Use of a Firearm During and in Relation to a Crime of Violence. He is scheduled for an initial court appearance on February 25, 2022, at 10:00 a.m. before United States Magistrate Judge Regina S. Edwards of the United States District Court for the Western District of Kentucky. If convicted, Simonton faces a minimum of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines along with other statutory factors.
United States Attorney Michael A. Bennett of the Western District of Kentucky and ATF Special Agent in Charge R. Shawn Morrow of the Louisville Field Division made the announcement.
ATF and LMPD are investigating the case. Assistant United States Attorney Alicia P. Gomez 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 is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Federal Grand Jury B Indictments Announced- JanuaryRead the Press Release
United States Attorney Clint Johnson today announced the results of the January 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.
Alex Devon Brumfield. Coercion and Enticement of a Minor; Production of Child Pornography; Possession of Child Pornography; Sexual Abuse of a Minor in Indian Country. Brumfield, 23, of Tulsa, allegedly used electronic means to knowingly entice a minor to engage in sexual activity. He also took pictures of the minor engaged in sexually explicit conduct for the purpose of producing visual depictions and possessed child pornography. Finally, Brumfield is charged with engaging in a sexual act with the child. The crimes took place on Dec. 30-31, 2021. The FBI and Broken Arrow Police Department conducted are the investigative agencies. Assistant U.S. Attorney Stacey P. Todd is prosecuting the case. 22-CR-14
Ronnell Dontae Butler. Felon in Possession of Ammunition; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Child Abuse in Indian Country (superseding). Butler, 25, of Oklahoma City, is charged with being a felon in possession of Luger 9 mm caliber ammunition. He is further alleged to have pointed a firearm at a woman and threatened to shoot her as a child sat near her, thereby also threatening the child’s safety. The crime occurred on Nov. 1, 2021. The Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Cymetra M. Williams is prosecuting the case. 21-CR-559
Steve Cruz Jr. First Degree Burglary in Indian Country. Cruz Jr., 23, of Miami, is charged with breaking into an occupied home on Jan. 2, 2022. The FBI and Quapaw Tribal Marshal’s Service are the investigative agencies. Assistant U.S. Attorney Ben Tonkin is prosecuting the case. 22-CR-21
Jeffery Carl Cunningham. Aggravated Sexual Abuse of a Minor Under 12 Years of Age in Indian Country (Counts 1-3) (superseding). Cunningham, 44, of Eucha, is charged with sexually abusing three different children who were under the age of 12. The crimes date back as far as 1997. The FBI is the investigative agency. Assistant U.S. Attorney Adam C. Baily is prosecuting the case. 21-CR-384
Koalton Byrnn Ellis. First Degree Murder in Indian Country. On July 24, 2021, Ellis, 29, assaulted victim Buffie Raulston by stabbing her with a knife at a motel in Bartlesville. The victim later succumbed to her injuries. The FBI and Bartlesville Police Department are the investigative agencies. Assistant U.S. Attorney Gina S. Gilmore is prosecuting the case. 22-CR-22
Joshua Earl English. Assault Resulting in Substantial Bodily Injury to an Intimate/Dating Partner in Indian Country (Count 1); Assault of an Intimate/Dating Partner by Strangling, Suffocating, and Attempting to Strangle and Suffocate in Indian Country (Count 2); Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (Counts 3, 4); Child Abuse in Indian Country (Count 5). On Jan. 1, 2022, English, 31, of Tulsa, allegedly assaulted a dating partner by repeatedly striking her in the face, resulting in substantial bodily injury. The same day, English also placed his hands over the victim’s mouth and nose then forced her onto the ground, held her by the neck, and sat on her chest and hands. All these actions restricted the victim’s ability to breathe. On Sept. 22 and Sept. 28, 2021, English also repeatedly struck his dating partner with a belt. Finally, from July 1, to July 31, 2021, English allegedly committed child abuse when he struck an individual who was holding a child, causing the child to fall to the ground. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Stacey P. Todd is prosecuting the case. 22-CR-15
Greggory William Henson. Misprision of Felony. On Nov. 6, 2021, Henson, 37, of Tulsa, is alleged to have moved a vehicle so it would not be available for evidence. Henson knew the car was used during the commission of a felony, where a man was killed with a firearm. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Edward Snow is prosecuting the case. 22-CR-16
Daniel Lee Jumper. Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country. On Dec. 6, 2021, Jumper, 26, of Eucha, allegedly strangled his spouse. The FBI and Delaware County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Kyle M. McWaters is prosecuting the case. 22-CR-17
Richard Martinez; Markie Eilene Cruze. Possession of Methamphetamine with Intent to Distribute. Martinez, 34, and Cruz, 31, both of Fresno, California, are charged with aiding and abetting one another when they knowingly possessed with intent to distribute 500 grams or more of methamphetamine on Jan. 17, 2022. The Drug Enforcement Administration and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorney Ben Tonkin is prosecuting the case. 22-CR-23
Eleazar Perez-Delgado. Unlawful Reentry of a Removed Alien. Perez-Delgado, 47, of Tulsa, is charged with unlawfully being in the United States after having been deported on April 13, 2019, at or near Del Rio, 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-18
Emmitt Graywolf Sam. First Degree Felony Murder in Indian Country. Sam, 23, of Tulsa, aiding and abetting Nathan Simmons, unlawfully killed victim Johnathan Stephens during the commission of a series of robberies on June 25, 2016. Acting together, the two men committed the robberies, and while doing so, fatally shot the victim. The FBI and Tulsa and Broken Arrow Police Departments are the investigative agencies. Assistant U.S. Attorney John E. Brasher is prosecuting the case. 22-CR-13
Joshua Lee White. Assault Resulting in Serious Bodily Injury in Indian Country. On Jan. 5, 2022, White, 46, of Claremore, beat another man with his fists and an unknown object. The FBI, Owasso Police Department, and investigators from the Rogers County District Attorney’s Office are the investigative agencies. Assistant U.S. Attorney Nathan E. Michel is prosecuting the case. 22-CR-19
Adrien Jesse Zorrilla. Sexual Abuse of a Minor in Indian Country. On Jan. 1, 2022, Zorrilla, 21, of Broken Arrow, knowingly engaged in a sexual act with a child between 12 and 16 years of age. The FBI and Muscogee Nation Lighthorse Tribal Police Department are the investigative agencies. Assistant U.S. Attorney Alex M. Scott is prosecuting the case. 22-CR-24
Federal Government and State of Colorado Settlement with Mining Companies Paves Way for Additional Cleanup at Bonita Peak Mining District Superfund SiteRead the Press Release
The Justice Department, the Environmental Protection Agency (EPA), the Department of Interior (DOI), the Department of Agriculture (USDA) and the State of Colorado announced a settlement with Sunnyside Gold Corporation and its Canadian parent company Kinross Gold Corporation resolving federal and state liability related to the Bonita Peak Mining District Superfund site, which includes the Gold King Mine and many other abandoned mines near Silverton, Colorado. If entered by the court, this agreement provides for the continued cleanup of mining-related contamination within the Upper Animas Watershed and will protect public health and the environment by improving water quality, stabilizing mine source areas, and minimizing unplanned releases.
Under the agreement, Sunnyside Gold Corporation and Kinross Gold Corporation will together pay $45 million to the United States and State of Colorado, and the United States will dismiss its claims against Sunnyside Gold Corporation and Kinross Gold Corporation. The United States will also contribute $45 million to the continuing cleanup at the Bonita Peak Mining District Superfund site and Sunnyside Gold Corporation and Kinross Gold Corporation will dismiss its claims against the United States.
“Today’s settlement holds these companies accountable for their past mining operations at the site,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement demonstrates the Justice Department’s and cleanup agencies’ continuing efforts, together with our state partners, to ensure that Superfund sites are investigated and remediated.”
“This settlement addresses the cleanup responsibility of the private mining companies and the federal government and ensures that site cleanup work will continue,” said Acting Assistant Administrator Larry Starfield of EPA’s Office of Enforcement and Compliance Assurance. “Working with our state and federal government partners, the cleanup will protect the environment and the health of the people who live, work, and enjoy recreational activities in the area.”
“This settlement will allow EPA to continue our important cleanup work at the site to protect human health and the environment,” said Director Betsy Smidinger of EPA Region 8’s Superfund and Emergency Management Division. “We look forward to working with our state and local partners to use these funds which will be utilized to improve the environment for the people who work, live, and recreate in the area.”
“The Gold King spill is a vivid reminder of the dangers associated with the thousands of abandoned and unclaimed hard rock mines across the United States, particularly in the West,” said Deputy Secretary of the Interior Tommy Beaudreau. “Mining companies should be held accountable for these sites that put communities and tribal lands at risk of disastrous pollution. I’m proud that the Department of the Interior was able to play a part in this important settlement.”
“We are committed to protecting where Coloradan’s live, work and play,” said Director Tracie White of the Colorado Department of Public Health and Environment’s Hazardous Material and Waste Management Division. “This settlement will allow continued cleanup of this Superfund site, in coordination with our federal and local partners, to ensure the protection of human health and the environment for generations to come,”
EPA leads cleanup activities at the Bonita Peak Mining District Superfund site, and DOI and USDA retain authority on publicly managed land. Recent interim cleanup work at the site, including efforts to stabilize mine waste and reduce contaminant releases to surface waters from source areas, have improved environmental conditions and will inform the development of future cleanup remedies for the entire site under an adaptive management framework. EPA has already spent over $75 million on cleanup work at the site and expects to continue significant work at the site in the coming years.
More information about the site and this settlement can be found at www.epa.gov/superfund/bonita-peak.
The consent decree, lodged in the U.S. District Court for the District of New Mexico, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing here.
Father and Son Sentenced on Sex Trafficking ChargesRead the Press Release
DETROIT – Two Detroit men have been sentenced after having pleaded guilty to charges of conspiracy to engage in sex trafficking using force and coercion, as well as firearm and controlled substance offenses, announced United States Attorney Dawn N. Ison.
Ison was joined in the announcement by Acting Special Agent in Charge Josh P. Hauxhurst, Federal Bureau of Investigation, Detroit Division.
Eligah Goodmon, 68, was sentenced today by United States District Judge Laurie Michelson to 111 months in federal prison. Erskin Bernard Perryman, 49, was sentenced in March 2021 to 180 months in federal prison. The sentencings were delayed due to the COVID-19 pandemic. Both Goodmon and Perryman have been in custody since their arrest in February 2020.
According to court records, Eligah Goodmon and his son, Erskin Perryman, ran a drug and prostitution house on Hazelwood in Detroit, Michigan. Goodmon lived in the house on Hazelwood, while Perryman came to the house every day to provide crack cocaine and heroin to the drug-addicted women who lived there. The women in the home purchased drugs from Perryman by performing commercial sex dates. If the women in the home did not comply with Perryman’s demands, he was violent with them. Goodmon collected money from commercial sex dates, provided the women with drugs, and monitored their drug usage.
“These defendants treated their victims like a commodity,” stated U.S. Attorney Ison. “They targeted vulnerable women and exploited them for their own profit and fueled their drug addictions by providing them with drugs. We hope that today’s sentence offers these victims a sense of justice and closure and sends the message that we will not tolerate sex trafficking in our communities. “
“These defendants exploited their victims in the worst way. By plying their victims with drugs, forcing them to engage in commercial sex, and subjecting them to violence if they refused, the defendants took away the freedom and dignity to which these women are entitled,” said Josh P. Hauxhurst, Acting Special Agent in Charge of the FBI’s Detroit Field Office. “The FBI remains committed to working on behalf of victims across the state to hold traffickers responsible for their crimes."
The case was investigated by special agents of the FBI and was prosecuted by Assistant United States Attorneys Sara D. Woodward and Lisandra Fernandez-Silber.
Edmonds, Washington woman sentenced to home confinement for setting fire to her business in insurance fraud schemeRead the Press Release
Seattle – An Edmonds, Washington, business owner was sentenced today in U.S. District Court in Seattle to five years of probation, with one year of house arrest, for wire fraud related to the April 30, 2018, fire at her business, CJN Miniatures & More, a dollhouse, miniatures, collectibles, and antiques shop, announced U.S. Attorney Nick Brown. Connie L. Bigelow, 54, set the fire to try to collect insurance money to solve her financial troubles. At the sentencing hearing U.S. District Judge Robert S. Lasnik said he was opting for home confinement because of the COVID pandemic.
According to records filed in the case, Bigelow set fire to her business to collect insurance money as the store was struggling to make enough money to pay the rent. Bigelow moved her business, CJN Miniatures LLC, into the building at 23030 Highway 99, in Edmonds in September 2017. The store maintained an inventory of miniatures and collectables for sale, consigned items on behalf of other individuals, and rented out space to other vendors. Between October 2017 and April 2018, the business fell behind in rental payments and payments to consigners.
Bigelow carried an insurance policy with State Farm Fire and Casualty Company that covered up to $100,000 in loss of business personal property, as well as loss of income. The policy did not cover loss arising from arson.
Bigelow set the fire underneath three Thomas Kinkade paintings worth thousands of dollars. In May 2018, Bigelow initiated a claim to State Farm for the losses arising from the fire. On May 3, 2018, Bigelow communicated with the insurance agent via email as part of the wire fraud scheme. Bigelow made false statements to law enforcement, as well as representatives of State Farm as part of the scheme to defraud.
Prosecutors had asked for a year in prison, citing the inherent danger of the fire and the losses to the community. In pleading guilty, Bigelow agreed to make full restitution. Currently the restitution is over $200,000 to the building owners and some 50 victims who lost consigned items in the fire.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), along with the Snohomish County Fire Marshals’ Office. The case was prosecuted by Assistant United States Attorney Amy Jaquette.
Dodge County Man Pleads Guilty to Impersonating a Federal Officer and Illegal Possession of FirearmsRead the Press Release
MINNEAPOLIS – A Dodge County man has pleaded guilty to impersonating a federal officer and illegally possessing firearms as a felon, announced Acting U.S. Attorney Charles J. Kovats.
According to court documents, on August 17, 2021, the FBI received a tip that Reyel Devon Simmons, 53, was pretending to be federal agent with the United States Department of Homeland Security. As part of his impersonation scheme, Simmons established a TikTok profile, using the false name “Rey Reeves,” and regularly held himself out as a federal agent on social media. Simmons, who had nearly 10,000 followers on TikTok, used a profile photo that showed him wearing law enforcement gear and made several posts displaying law enforcement equipment, badges, and firearms, and referring explicitly and implicitly to himself as a federal agent. At no time has Simmons ever been employed by the United States Department of Homeland Security. Similarly, Simmons has never been a sworn law enforcement officer with any federal, state, or local agency, nor has he ever had the authority to act on behalf of any federal agency or department.
According to court documents, Simmons regularly carried a backpack, which he described as his “go bag.” The bag bore the departmental emblem of the Department of Homeland Security and contained a Glock handgun, fake Department of Homeland Security badge, and other items related to Simmons’s supposed service in law enforcement and the military. Law enforcement seized from Simmons’s residence eight firearms, including assault rifles and sniper rifles, which were discovered in a “safe room” or bunker that could be accessed only through a hidden doorway located in a storage area of the basement. In addition, Simmons admitted to possessing unregistered silencers/suppressors, detonating cord containing the explosive pentaerythritol tetranitrate (PETN), a blasting cap, thousands of rounds of ammunition, body armor with law enforcement emblems affixed to it, and other law enforcement style badges, clothing, bags, and identification documents.
Because Simmons has a prior felony conviction in Colorado, he is prohibited under federal law, from possessing firearms, ammunition, or explosives at any time.
Simmons pleaded guilty earlier today before U.S. District Judge Eric C. Tostrud to one count of impersonating an officer of the United States and one count of possessing firearms as a felon. A sentencing hearing will be scheduled for a later date.
This case was the result of an investigation conducted by the FBI, ATF, Dodge County Sheriff’s Department, Owatonna Police Department, Kasson Police Department, the Bloomington Police Department Bomb Squad, with assistance from Homeland Security Investigations.
Assistant U.S. Attorney Alexander D. Chiquoine is prosecuting the case.
Cross Lanes Man Sentenced to Federal Prison for Operating Fencing SchemeRead the Press Release
CHARLESTON, W.Va. – Nedeltcho Vladimirov, 53, a native of Bulgaria, was sentenced today to eight years and one month in federal prison for conspiring to commit money laundering and money laundering. A federal jury convicted Vladimirov after a three-day trial in July 2021 of one count of conspiring to commit money laundering and three counts of money laundering.
Evidence at trial revealed that Vladimirov operated a fraudulent fencing operation - a scheme in which stolen goods were acquired in order to resell them for profit to an unsuspecting buyer. Vladimirov bought the items he resold at a small fraction of the retail cost from individuals addicted to heroin, known in the fencing scheme as “boosters.” Vladimirov met the “boosters” at a gas station in Cross Lanes where he bought new items such as high end vacuum cleaners, tools and other items that he later resold on his eBay account. The investigation revealed that Vladimirov sold over 7,000 items on his eBay account and had over $594,000 in sales over a three-year period. The “boosters” used the cash provided by Vladimirov for the stolen items to support their drug habits. A federal search warrant executed at Vladimirov’s residence by the United States Secret Service on February 10, 2020, revealed that he had set up cleaning stations used to remove security devices and labels from boxes so that the stolen items could not be traced.
“Shutting down this fencing operation and bringing Vladimirov to justice was a significant team effort,” said United States Attorney Will Thompson. “I cannot overstate the value of the collaboration between our law enforcement partners and the Organized Retail Crime (ORC) investigators from the stores victimized in this fencing scheme. I applaud the entire team for their efforts to hold Vladimirov accountable and to protect both retailers and consumers from further harm.”
“The Secret Service is dedicated to protecting our nation’s financial institutions and corporations that operate within the Southern District of West Virginia,” said United States Secret Service Resident Agent in Charge Robert Pyle. “I appreciate our law enforcement partners at the South Charleston Police Department, the Putnam County Sheriff’s Department, the Kanawha County Sheriff’s Department and the West Virginia State Police-Bureau of Criminal Investigations, whose work helped secure this successful outcome. Our partnership with the Organized Retail Crime (ORC) investigators from Kroger, Target and CVS Pharmacy was instrumental in this case as well.”
“We are grateful for our partnership with the U.S. Attorney’s Office in the Southern District of West Virginia, federal, state and local law enforcement, other retailers, and our loss prevention specialist who helped bring Mr. Vladimirov to justice,” said Corporate Affairs Manager James McNees, Mid-Atlantic Division, The Kroger Company. “Partnerships like these are integral to the vitality of our operations and safety of our customers.”
The United States Secret Service, the West Virginia State Police-Bureau of Criminal Investigations, the Putnam County Sheriff's Department, the Kanawha County Sheriff’s Department and the South Charleston Police Department, as well as the Organized Retail Crimes (ORC) investigators from Kroger, CVS Pharmacy and Target Corporation.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorneys Andrew J. Tessman and Erik S. Goes 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. 2:20-cr-00054.
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Convicted Felon Charged with Firearms and Drug OffensesRead the Press Release
BOSTON – A Haverhill man with multiple prior felony convictions was charged yesterday for possessing a loaded firearm and drugs intended for distribution.
Ramon Silvelo-Miles, 32, was charged with one count of being a felon in possession of a firearm and ammunition and one count of possession with intent to distribute cocaine and fentanyl. Following an initial appearance yesterday before U.S. District Court Magistrate Judge David H. Hennessy, Silvelo-Miles was detained pending a probable cause hearing scheduled for Jan. 25, 2022.
According to the charging documents, in the early morning hours of Sept. 20, 2021, Silvelo-Miles was stopped by law enforcement for driving erratically on Route 24 in West Bridgewater. Field sobriety tests administered on-site indicated that Silvelo-Miles was too impaired to drive. It is alleged that a subsequent search of the defendant’s car uncovered over 300 grams of cocaine packaged in small, clear plastic bags, as well as a small backpack inside the glove compartment that contained a clear plastic bag of fentanyl. A Raven Arms MP-25 .25 caliber pistol hidden within a black sock is also alleged to have been found in the glove compartment. The gun was loaded with one bullet in the chamber and five bullets in the magazine. Silvelo-Miles is prohibited from possessing a firearm due to multiple prior felony convictions including a 2014 conviction for manslaughter.
The charge of possession with intent to distribute cocaine and fentanyl provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime of supervised release and a fine of up to $1 million. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Rachael S. Rollins and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement. Assistant U.S. Attorney Fred Wyshak, III of Rollins’ Organized Crime and Gangs Unit is prosecuting the case.
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.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Columbia Gang Member Sentenced to More than 12 Years for Selling FirearmsRead the Press Release
COLUMBIA, SOUTH CAROLINA — United States Attorney Corey F. Ellis announced today that Dashawn Terrell Swygert, 27, of Columbia, was sentenced to more than 12 years in federal prison after pleading guilty to two counts of being a felon in possession of firearms and ammunition.
Evidence presented to the court showed that in early 2020, agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted an investigation into firearms within the Columbia area. During this investigation, undercover ATF agents were introduced to Swygert, a validated gang member. During four transactions in February 2020, he sold six handguns, many of which were loaded and one of which had an extended magazine, to undercover ATF agents. During the investigation, Swygert bragged to others that he was selling guns to individuals who were running them up north. Upon his arrest in March 2020, agents recovered another loaded firearm.
Of the seven handguns recovered from Swygert by ATF, four had previously been reported as stolen. Three were previously stolen from vehicles in Richland and Newberry Counties. One of the handguns, sold by Swygert to undercover agents in February 2020, was also preliminarily linked through ballistics analysis as having been involved in three shooting incidents: a shooting incident on December 12, 2019, in West Columbia and shooting incidents in Columbia on December 14, 2019, and January 16, 2020. It should be noted that there was no evidence linking Swygert himself to the actual shootings.
Swygert has prior state convictions for strong arm robbery from a 2011 incident and criminal conspiracy, strong arm robbery (4 counts), assault and battery 2nd degree (4 counts), from a 2013 incident.
United States District Court Judge Mary Geiger Lewis sentenced Swygert to 151 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system. In imposing the sentence, Judge Lewis noted, “This is the kind of activity that makes a community dangerous . . . gangs and guns.”
This investigation by the ATF, Columbia Police Department, Richland County Sheriff’s Department, and the Midlands Gang Task Force was made possible by leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Assistant United States Attorney Stacey D. Haynes prosecuted the case.
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Collinsville Man Found Guilty at Trial for Assaulting a Pregnant WomanRead the Press Release
A federal jury found a man guilty Thursday for severely beating and strangling his pregnant niece in July 2021, announced U.S. Attorney Clint Johnson.
Kenneth Dale Walker, 54, of Collinsville, was convicted of assault resulting in serious bodily injury in Indian Country.
“Kenneth Walker viciously attacked his pregnant niece in her own home, endangering the victim and her unborn child,” said U.S. Attorney Clint Johnson. “This office will continue to prosecute domestic crimes of violence to seek justice on behalf of the victims. I am proud of the dedicated work of Assistant U.S. Attorneys Leah Paisner and Stacey Todd, the FBI, and Collinsville Police Department that led to Mr. Walker’s conviction.”
On July 14, 2021, Walker started an argument with his pregnant niece when she refused to provide him a set of keys to her home due to his recent erratic behavior at her home. During the argument about the keys, Walker headbutted his niece. Walker then shoved the victim down into a recliner, causing the recliner to flip backward and the victim’s head to collide with a small table. He stood over the victim and repeatedly kicked the pregnant victim in the stomach. The victim turned her body defensively to protect the unborn child, causing him to instead kick her upper thighs. Walker also lunged at her and attempted to gouge her eyes with his thumbs. He then strangled the victim to the point she saw spots, could not breathe, and thought she and her unborn child would die.
The only thing that stopped Walker’s attack was the victim’s boyfriend who entered the room after overhearing the commotion and saw Walker strangling the victim. When the boyfriend pried Walker off the victim, Walker tried to drag the victim by her hair with him. After the victim was freed, Walker left the home.
The victim and her boyfriend called 911, and the Collinsville Police Department responded to the scene. The victim was taken to the emergency room where she was treated.
Based on interviews with the victim, her medical records, photographs of her initial injuries, and the police reports, a medical expert for the prosecution determined that during the assault, the victim had sustained multiple contusions and abrasions to her neck, face, and back; she experienced the prolonged obstruction of blood flow to her brain, impairing her brain function; her ability to breath was compromised due to the strangulation; and she had sustained a concussion. The expert concluded and testified that the victim’s injuries were serious and the result of a near-fatal strangulation.
In addition to Thursday’s federal conviction, Walker has been convicted of assault and battery three times, domestic assault and battery three times, violation of a protective order, and further convicted of various drug and gun offenses in the state of Oklahoma.
The FBI and Collinsville Police Department conducted the investigation. Assistant U.S. Attorneys Leah D. Paisner and Stacey P. Todd are prosecuting the case.
Clearwater Man Sentenced to 22 Years in Federal Prison for Filming His Sexual Assault of A 12-Year-Old ChildRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Edwards Honeywell has sentenced Sergio Lohan (25, Clearwater) to 22 years in federal prison for filming his sexual assault of a minor child using a cellphone. Lohan was also ordered to serve a 20-year term of supervised release and to register as a sex offender. Lohan had pleaded guilty on August 17, 2021.
According to the court documents, Lohan and the child victim, who was 12 years old, met online on a social media application. Over time, Lohan engaged in sexually explicit conversations with the child, solicited and received sexually explicit images from her, and sent her a video showing himself masturbating. Within a few months of meeting, Lohan drove to the child victim’s home, picked her up in his car, sexually assaulted her, and video-recorded the assault using his cellphone. Later, Lohan sent this video to the child using the internet.
The FBI, while investigating this offense, executed a search warrant at Lohan’s residence and seized his computer. On the computer, they recovered evidence of Lohan’s sexual abuse and exploitation of this child victim, as well as sexually explicit communications with other individuals who had identified themselves as minor children.
This case was investigated by the Federal Bureau of Investigation and the North Port Police Department. It was prosecuted by Assistant United States Attorney Erin Claire Favorit.
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.
Billings man charged in drug trafficking investigation admits to cocaine possessionRead the Press Release
BILLINGS — A Billings man accused in a drug trafficking investigation admitted to a cocaine crime today, U.S. Attorney Leif M. Johnson said.
Dejon Anthony Duncan, 23, pleaded guilty to a superseding information charging him with possession of cocaine, a misdemeanor. Duncan faces a maximum of one year in prison, a mandatory minimum $1,000 fine to a maximum $100,000 fine and one year of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided and set sentencing for April 19. Duncan was detained pending further proceedings.
In court documents, the government alleged that in 2019, Duncan was residing in Billings and possessed cocaine.
Four other co-defendants, William Maurice Newkirk, Anthony Marcos Chadwell, Djavon Lamont King and Mario Juan Drake, all have pleaded guilty to charges in the case and are awaiting sentencing.
Assistant U.S. Attorneys Zeno B. Baucus, Bryan T. Dake and Benjamin D. Hargrove are prosecuting the case, which was investigated by the FBI, the Billings Police Department, and the Drug Enforcement Agency.
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Big Stone Gap Woman Sentenced for Role in Methamphetamine ConspiracyRead the Press Release
ABINGDON, Va. – A Big Stone Gap, Virginia woman, who conspired to traffic more than 500 grams of methamphetamine from Atlanta, Georgia into Southwest Virginia, was sentenced today to 120 months in federal prison.
Jessica Ann Robey, 35, pleaded guilty in October 2021 to one count of conspiring to distribute and possess with the intent to distribute 500 grams or more of methamphetamine.
According to court documents, between July 2019 and December 2020, Robey and others conspired to distribute methamphetamine in Southwest Virginia. During the course of the conspiracy, Robey purchased significant quantities of methamphetamine from Atlanta through co-conspirators Daniel Eugene Rowland and Jonathan Adam Rollins, and then sold the drugs throughout Lee and Wise Counties.
United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Charlie J. Patterson, Special Agent in Charge of ATF’s Washington Field Division made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Wise County Sheriff’s Office, the Southwest Virginia Drug Task Force, and the Virginia State Police investigated the case, with assistance from the United States Marshal’s Service.
Assistant U.S. Attorney Lena L. Busscher prosecuted the case.
Berkeley County man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Branden Watson, of Martinsburg, West Virginia, has admitted to a drug charge, United States Attorney William Ihlenfeld announced.
Watson, 38, pleaded guilty today to one count of “Distribution of Cocaine Base.” Watson admitted to selling cocaine base, also known as “crack,” in August 2020 in Berkeley County.
Watson faces up to 20 years of incarceration and a fine of up to $1,000,000. 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. Attorneys Lara Omps-Botteicher and Timothy D. Helman are prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/34-indicted-expansive-drug-trafficking-operation
Armed Robbers of Small-Town Pharmacies IndictedRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned an indictment this week charging two with robbing pharmacies of narcotics and cash at gun point.
According to court documents, Andre Dupree Jack, 39, of San Antonio and Atseko Factor, 38, of Houston allegedly robbed pharmacies in Luling, Pleasanton and Seguin and attempted to rob another pharmacy in Sealy. During the robberies, the defendants brandished firearms and used zip ties to bind pharmacy employees and customers. The defendants took controlled substances and U.S. currency from the pharmacies as well as personal belongings from employees and customers.
Jack and Factor are charged with one count of conspiracy to commit pharmacy robbery; three counts of pharmacy robbery; and three counts of brandishing a firearm during a crime of violence. Jack is also charged with an additional count of pharmacy robbery; an additional count of brandishing a firearm during a crime of violence; and being a felon in possession of a firearm. The defendants will be scheduled next week for an initial appearance before a U.S. Magistrate Judge for the Western District of Texas. If convicted, the defendants face a maximum penalty of five years in prison on the conspiracy charge; a maximum penalty of 25 years in prison on each of the pharmacy robbery charges; a mandatory minimum of seven years on each of the brandishing of a firearm charges; and Jack faces a maximum 10 years in prison on the felon in possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel Comeaux; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski made the announcement.
The DEA and ATF are investigating the case.
Assistant U.S. Attorney Brian Nowinski 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.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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37-Year-Old Arnold’s Park Man Sentenced to Federal PrisonRead the Press Release
An unlawful drug user who illegally possessed explosive devices and guns was sentenced January 19, 2022, to 5 years in federal prison.
Darrell H. Sorey, age 37, from Arnold’s Park, Iowa, received the prison term after a September 15, 2021, guilty plea to one count of receipt and possession of an unregistered firearm/destructive device.
Evidence in this case revealed on January 12, 2020, Sorey’s father died in a rollover vehicle accident in Marion County, Iowa. At the scene of the accident an AR-15 rifle, a SKS style rifle, drum-magazines, ammunition, a pipe bomb and two CO2 “cricket” bombs – all three with fuses attached – were found. These discoveries, inside the car and in the debris field, led to January 15, 2020 searches of three residences in Dickinson County, Iowa. During one of the searches, investigators located Sorey, narcotics, drug paraphernalia, more CO2 cartridge bombs, including a CO2 cartridge bomb attached to an arrow, gunpowder, and a cellular telephone. During another of the two searches two .22 caliber rifles, one shotgun, and multiple rounds of ammunition for those firearms were discovered. Sorey’s criminal history includes convictions for interference with official acts, simple assault, disorderly conduct, multiple OWIs and controlled substance offenses.
Sorey was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Sorey was sentenced to 60 months’ imprisonment. Sorey must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is 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.
Sorey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Marion County, Iowa Sheriff’s Office, the Iowa State Patrol, the State Fire Marshal’s Division, the Iowa Division of Criminal Investigation, and the Iowa Division of Narcotics Enforcement (all of the Iowa Department of Public Safety), the Dickinson County, Iowa Sheriff’s Office, the Milford, Iowa Police Department, the Iowa Great Lakes Drug Task Force, and the United States Department of Justice – Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-4048.
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Thursday 20 January 2022
Worcester Man Pleads Guilty to Illegal Possession of Firearm and AmmunitionRead the Press Release
BOSTON – A Worcester man pleaded guilty today in connection with possessing a firearm and ammunition as a convicted felon.
Terrence Kenol, 24, pleaded guilty to one count of being a felon in possession of a firearm and ammunition before U.S. District Court Judge Timothy S. Hillman who scheduled sentencing for May 13, 2022. Kenol was indicted in October 2021.
On Sept. 3, 2021, Kenol was found in possession of a firearm and a loaded magazine in his vehicle after he drove around Worcester police cruisers that were blocking an active accident reconstruction scene on Granite Street in Worcester. At the time of the offense, Kenol had been previously convicted of offenses that carried a possible maximum punishment of greater than one year in prison. In addition, at the time of the offense, Kenol was on probation for a prior state conviction of kidnapping and assault and battery.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Rachael S. Rollins; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Worcester Police Chief Steven M. Sargent made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Rollins’ Worcester Branch Office is prosecuting the case.
Wilmington man pleads guilty to making online threats relating to his participation in U.S. Capitol riotRead the Press Release
CINCINNATI – A Wilmington man pleaded guilty in U.S. District Court here today to making interstate threats, a felony offense. The crime arises from his communications online related to his participation in the Jan. 6, 2021, riot at the United States Capitol.
Justin Stoll, 41, was arrested on Jan. 15, 2021, by the FBI’s Joint Terrorism Task Force.
According to court documents, Stoll used the username “Th3RealHuckleberry” on the app Clapper and on YouTube to post videos related to his participation in the Capitol riots.
Videos Stoll filmed at the Capitol show that he proceeded past police barricades that other rioters had torn down and yelled profanities at U.S. Capitol Police.
The government’s investigation has not yielded evidence suggesting that Stoll entered the Capitol building, engaged in acts of violence, or destroyed property.
When Stoll returned to the Southern District of Ohio, he uploaded the videos to social media.
Stoll received comments from other individuals in response to his YouTube videos, including from one user who said (s)he had saved Stoll’s video and suggested that Stoll might go to prison. Stoll responded via another video, in which he said, in part:
Well, that shows your f------ ignorance because, clearly, the capitol building is owned by the people, so again, nothing will happen. Secondly, I never admitted I went into it, did I? Go watch the video again. Daddy’s not stupid. [Wink.] Third, if you ever in your f------ existence did something to jeopardize taking me away from my family, you will absolutely meet your maker. You can play that for the D.A. in court, I don’t care. If you ever jeopardize me, from being with my family, you will absolutely meet your mother f------ maker, and I will be the one to arrange the meeting.
Stoll admitted as part of his guilty plea today that he posted the video for the purpose of making a threat.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea entered into today before Senior U.S. District Judge Susan J. Dlott. Assistant United States Attorney Julie D. Garcia and Assistant Deputy Criminal Chief Timothy S. Mangan are representing the United States in this case.
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Webster Woman Charged with Illegally Accessing Employee Computer to Conduct SIM SwapsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Corrine Little, 38, of Webster, NY, was arrested and charged by criminal complaint with unauthorized access of a protected computer. The charge carries a maximum penalty of five years in prison.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that according to the complaint, in May 2021, Little, a temporary manager for a wireless telephone provider, received text messages from an unknown individual offering to pay her to conduct SIM (subscriber identity module) Swaps. “SIM Swapping” is the unauthorized takeover of a victim’s wireless account, carried out by linking a victim’s mobile phone number to a SIM installed in a device controlled by the perpetrator of the swap. Little is accused of conducting five SIM Swaps, receiving $600 for each swap.
The complaint is the result of an investigation by the Buffalo and Newark, NY, Offices of the Federal Bureau of Investigation.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Violent felon sentenced to more than 50 years in prison for crime spree that included a carjacking, attempted robbery, and firearm offensesRead the Press Release
SAVANNAH, GA: A violent felon has been sentenced to more than 50 years in federal prison for attempted robbery, carjacking, and firearms offenses in Chatham and Ware counties. At sentencing, the Court found he also sexually abused a juvenile at gunpoint during his crime spree.
Alfred Wisher, 39, of Savannah, was sentenced to 640 months in prison after a federal jury in July 2021 found him guilty on 11 felony counts related to a July 2019 series of violent crimes and firearm offenses in the Savannah and Waycross areas, said David H. Estes, U.S. Attorney for the Southern District of Georgia. U.S. District Court Judge R. Stan Baker also ordered Wisher to pay $6,217.40 in restitution and to serve five years of supervised release after completion of his prison term. Judge Baker recommended that the Bureau of Prisons place Wisher at a facility as far away as possible from Savannah. There is no parole in the federal system.
“Alfred Wisher’s cowardly acts of robbery, violence, and abuse were matched by the courage of his victims. The decades of prison that await will afford him ample opportunity to rue the pain he caused,” said U.S. Attorney Estes. “I applaud the work of law enforcement in bringing Wisher to justice and those who had the strength in this case to come forward and tell their story. Our community is safer.”
Wisher previously served time in prison for series of violent armed robberies in New York, and he currently faces a state charge of attempted murder in Vermont, for which he is presumed innocent.
His crime spree in Georgia started in 2019 when he came to Savannah. As shown in court documents and evidence presented at trial and sentencing, Wisher was in a relationship with a juvenile female. During an argument, Wisher brandished a pistol and fired a bullet into a bed near the young female; he later raped her at gunpoint.
Days later, Wisher struck his roommate in the head and stole a firearm. Wisher gave that stolen pistol to Samuel Renardo Chisholm, 29, of Savannah, also a convicted felon. On July 25, 2019, Wisher and Chisholm carjacked at gunpoint a mother visiting Savannah, stealing her Ford Escape.
Wisher and Chisholm drove the stolen Escape to Ware County the next day, where Wisher attempted to rob a retired preschool teacher as she walked into the TJ Maxx store in Waycross, Ga., to shop. Chisholm drove Wisher away from the attempted robbery.
U.S. Marshals arrested Wisher in Savannah on July 29, 2019, after finding him standing near the stolen Ford Escape.
Chisholm pled guilty and was sentenced in September 2021 by U.S. District Court Judge Lisa Godbey Wood to 110 months in federal prison and ordered to pay restitution.
“Without the help of our partners in law enforcement, and our citizens, our job of protecting Americans and upholding the Constitution would be more difficult,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “These violent felons were captured, convicted and sentenced to lengthy prison sentences because of the efforts of multiple law enforcement agencies.”
“This duo’s crime spree not only affected the citizens of Savannah, but citizens in other jurisdictions as well,” said Savannah Police Chief Roy Minter. “We worked closely with Marshals and other law enforcement partners, effectively resulting in these subjects being brought to justice to face their crimes. This was a collaborative effort to protect the safety of all those in danger of being in Wisher and Chisholm’s path.”
The case was investigated by the FBI, the Savannah Police Department, the Ware County Sheriff’s Office, and the Waycross Police Department, with assistance from the U.S. Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia.
United States Files Civil Forfeiture Complaint for Proceeds of Alleged Fraud and Theft from PrivatBank in UkraineRead the Press Release
The United States filed a civil forfeiture complaint today in the U.S. District Court for the Southern District of Florida alleging that more than $6 million in proceeds from the sale of commercial real estate in Dallas, Texas, which property was maintained and improved using the proceeds of embezzlement and fraud from PrivatBank in Ukraine, are subject to forfeiture based on violations of federal money laundering statutes.
This civil forfeiture action is the fourth such action filed in connection with the same alleged criminal activity. In August 2020, the United States filed two actions in the Southern District of Florida alleging that commercial real estate in Dallas and Louisville, Kentucky, was acquired using funds illegally obtained from PrivatBank in Ukraine as part of a multibillion-dollar fraudulent loan scheme. It filed a third suit in the same district in December 2020 alleging a property in Cleveland, Ohio, was similarly involved.
The four complaints allege that Ihor Kolomoisky and Gennadiy Boholiubov, who owned PrivatBank, one of the largest banks in Ukraine, embezzled and defrauded the bank of billions of dollars. The two allegedly obtained fraudulent loans and lines of credit from approximately 2008 through 2016, when the scheme was uncovered and the bank was nationalized by the National Bank of Ukraine. The complaints allege that they laundered a portion of the criminal proceeds using an array of shell companies’ bank accounts, primarily at PrivatBank’s Cyprus branch, before they transferred the funds to the United States.
As alleged in the complaints, Mordechai Korf and Uriel Laber, who were associates of Kolomoisky and Boholiubov operating out of offices in Miami, created a web of entities, usually under some variation of the name “Optima,” to further launder the misappropriated funds. They purchased hundreds of millions of dollars in real estate and businesses across the country, including commercial towers located at 8787 North Stemmons Freeway in Dallas (Stemmons Towers), which are the subject of this action, as well as the office tower known as 55 Public Square in Cleveland, a Louisville office tower known as PNC Plaza, and a Dallas office park known as the former CompuCom Headquarters.
The newest action alleges that several of the Optima entities, including Optima Ventures LLC, Optima 7171 LLC and Optima Stemmons LLC, used profits from the CompuCom Campus, which had originally been purchased using embezzled funds from PrivatBank, to pay for the improvement and maintenance of Stemmons Towers. Optima Stemmons then sold Stemmons Towers in 2019 using a seller financing agreement, under which more than $6 million in principal and interest is still owed to a specially-created entity owned by Optima Ventures named 87STE LLC. The United States seeks to forfeit the promissory note and deed of trust related to that financing agreement, which includes the right to receive payments due pursuant to the deed and its associated sales contract.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office made the announcement.
FBI’s Cleveland Field Office is investigating the case with support from FBI’s International Corruption Unit and IRS Criminal Investigation.
Trial Attorneys Shai D. Bronshtein and Rachel Goldstein of the Kleptocracy Asset Recovery Initiative in the Criminal Division’s Money Laundering and Asset Recovery Section are handling these cases. The Justice Department’s Office of International Affairs has provided substantial assistance in the investigation.
The Kleptocracy Asset Recovery Initiative is led by a team of dedicated prosecutors in the Money Laundering and Asset Recovery Section, in partnership with federal law enforcement agencies, and often with U.S. Attorneys’ Offices, who work to forfeit the proceeds of foreign official corruption and, where appropriate, to use those recovered assets to benefit the people harmed by these acts of corruption and abuse of office. In 2015, the FBI formed International Corruption Squads across the country to address national and international implications of foreign corruption. Individuals with information about possible proceeds of foreign corruption located in or laundered through the United States should contact federal law enforcement or send an email to [email protected] or https://tips.fbi.gov/.
A civil complaint is merely an allegation, and the government has the burden of establishing that assets are subject to forfeiture by a preponderance of the evidence.
U.S. Attorney’s Office Releases Annual ReportRead the Press Release
SAN DIEGO – The United States Attorney’s Office today released its Annual Report, which details major cases and achievements of 2021 that took place despite extraordinary challenges to law enforcement and federal court operations in the district due to the ongoing pandemic.
“I am very proud of our significant accomplishments during another year of difficult conditions,” said U.S. Attorney Randy Grossman. “Because of the excellent work of this office and our law enforcement partners, scores of violent criminals and large quantities of deadly drugs and guns are off the street, not only in this district, but around the world. This report provides a window into a few of the many civil and criminal cases we worked on this year as well as our significant community outreach efforts.”
In 2021, our Criminal Division charged approximately 3,850 felony cases and conducted more than 40 jury trials, all while operating in a maximum telework posture. Likewise, our Civil Division represented the United States and its agencies and employees in civil litigation in the district, managing a heavy caseload involving hundreds of depositions and court appearances, and pursued multiple affirmative enforcement cases.
Here are just a few highlights you will read about in this report:
- In response to a surge in violent crime in 2021, the U.S. Attorney’s Office and its law enforcement partners launched an effort to strategically prosecute the region’s most violent and prolific offenders who are believed to be most responsible for the spike, including those with criminal history and criminal gang affiliation who commit gun crimes. As a result, federal gun-related prosecutions in the Southern District of California increased in FY 2021 by almost 50 percent – to the highest levels seen in this office.
- The office addressed a disturbing increase in reports of hate crimes motivated by race, ethnicity and ancestry, and gender identity in 2021 on two fronts: Criminal prosecution and community outreach. The most notorious hate crime in recent memory in San Diego County concluded in 2021 with the sentencing of John T. Earnest, a Rancho Penasquitos man who entered the Chabad of Poway on April 27, 2019, opened fire and killed one woman, injured three others, and attempted to kill 50 others. He was sentenced to life plus 30 years in prison for his hate crimes. The office also led several outreach initiatives to educate the public about recognizing and reporting hate crimes, including a webinar in recognition of Asian Americans and Pacific Islanders (AAPI) month. The webinar, titled “Understanding AAPI Discrimination in Our Past and Present to Reclaim our Future,” educated the audience on AAPI hate in America, lessons learned from past hate incidents, and how to actively stop hate toward this community.
- In 2021, there was a tragic wave of smuggling-related deaths in San Diego and Imperial counties. In less than a three-week span, four lives were lost and dozens of people had to be rescued from rough seas and hospitalized after multiple maritime smuggling events went terribly wrong. The U.S. Attorney’s Office charged a number of people in connection with those deaths and held an important news conference, imploring migrants not to trust their lives to greedy smugglers. Assistant U.S. Attorney Victor White was selected to be the co-chair of Joint Task Force Alpha, a law enforcement group that will marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico and the Northern Triangle countries of Guatemala, El Salvador, and Honduras.
- Overdose deaths spiked again in San Diego County this year. Although the year-end statistics will not be finalized until early 2022, it is likely that fentanyl overdose deaths will have nearly doubled. The U.S. Attorney’s Office has continued to actively intake cases in which the distribution of fentanyl and heroin have resulted in death. During 2021, at least eleven defendants were charged with the distribution of fentanyl “resulting in death” which carries with it a 20-year minimum mandatory sentence. Those cases have included charges stemming from the death of a U.S. Marine as well as a California Firefighter. Significantly, two such cases were tried to verdict during 2021 and both resulted in swift guilty verdicts on the 20-year minimum mandatory charge; in both cases, the defendants will be sentenced in 2022. One of those cases related to a defendant who sold a cocaine/fentanyl mixture that caused the collapse of three individuals in the parking lot of a bar and grill, resulting in one death. In 2021, the office also secured multiple guilty pleas in these cases, including a guilty plea by a defendant who admittedly sold fentanyl that resulted in the death of a high school student knowing the individual was, in fact, a high school student.
- The office also pursued civil cases against doctors who, even in this climate of heightened awareness of the dangers of opioids, continue to overprescribe opioids. San Diego area pain clinic doctor Brenton Wynn, M.D., paid $200,000 to resolve allegations that he illegally prescribed opioids and other dangerous drugs to his patients. The civil settlement stems from the United States’ continued efforts to combat the opioid epidemic on all fronts, including this investigation of whether Dr. Wynn illegally prescribed opioids to his patients in violation of the Controlled Substances Act.
Also in 2021, the office prosecuted cases with worldwide impact – from Chinese hackers to corrupt Navy officials to criminal syndicates around the globe who used encrypted devices to go under the radar of law enforcement. The 500-plus arrests that took place during a worldwide two-day takedown in June were possible because of this unprecedented San Diego-based investigation. For the first time, the FBI operated its own encrypted device company, called “ANOM.” During the course of the investigation, while ANOM’s criminal users unknowingly promoted and communicated on a system operated by the FBI, agents catalogued more than 27 million messages between users around the world who had their criminal discussions reviewed, recorded, and translated by the FBI, until the platform was taken down. “It has been my pleasure to lead such a talented and dedicated group of professionals,” Grossman said. “I want to applaud all the lawyers and staff in our office, as well as our law enforcement partners, who continue to protect and achieve justice for our community. All of us in law enforcement are committed to maintaining public safety as we move forward and the pandemic hopefully becomes a distant memory.”
Tyler Man Indicted for Using Stolen Valor to Defraud InvestorsRead the Press Release
TYLER, Texas – A federal grand jury has returned a 33-count indictment charging a Tyler man for fraud schemes in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Derek Robert Hamm, 38, was named in an indictment returned by a federal grand jury in Tyler charging him with wire fraud, money laundering, violations of the Stolen Valor Act, using a fraudulent military discharge certificate, and being a felon in possession of firearms and ammunition. The Stolen Valor Act of 2013 makes it illegal to fraudulently wear medals, embellish rank, or make false claims of military service to obtain money, employment, property, or some other tangible benefit.
According to the indictment, Hamm held himself out to be a former member of the Army Special Forces who had served multiple tours of duty in Iraq, Afghanistan, and other countries. He claimed to have been awarded a Purple Heart, a Silver Star, and a Bronze Star for his service. In reality, Hamm received none of those awards. Hamm also falsely claimed to be related to Harold Hamm, the billionaire oilman in Oklahoma, which he claimed gave him access to financial resources and oil industry expertise.
The indictment alleges that Hamm’s persona of being a wealthy war hero helped him create an extensive network of friends who introduced him to potential investors. Hamm then defrauded those investors in schemes related to the oil and gas drilling industry. Hamm did not invest funds as promised. Instead, once Hamm received investors’ funds, he spent the money on lavish personal gifts, including nearly $500,000 on jewelry and vehicles for himself and his family.
The indictment also alleges that Hamm was a prohibited person in possession of firearms and ammunition. Hamm was convicted in Smith County in 2020 for theft of property, a state felony. As a felon, Hamm is prohibited by federal law from owning or possessing firearms or ammunition. Hamm was also convicted in 2005 for assault of a family member, a domestic violence misdemeanor under state law. According to federal law, Hamm is also prohibited from possessing firearms or ammunition due to his domestic violence conviction.
If convicted, Hamm faces up to twenty years in federal prison.
If you or someone you know has been a victim of Derek Robert Hamm, please contact the Federal Bureau of Investigation at 903-594-3503. Derek Robert Hamm is also known as D. Wayne Hamm II, Wayne Hamm, D. Wayne H., DW Hamm, and RD Hamm.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.
This case is being investigated by the Federal Bureau of Investigation’s Tyler Field Office, with assistance from the Tyler Police Department, the Smith County Sheriff’s Office, the Phoenix Arizona Police Department, Smith County Adult Probation, the Texas Railroad Commission-Enforcement Division, Department of Veteran’s Affairs-Office of Inspector General, Texas Comptroller of Public Accounts-Criminal Investigation Division, and the United States Special Operations Command. This case is being prosecuted by Assistant U.S. Attorneys Robert Austin Wells and Ryan Locker.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Three Men Sentenced to Federal Prison for Stealing Unemployment Insurance BenefitsRead the Press Release
Miami, Florida – A federal district judge in Fort Lauderdale has sentenced three South Florida residents to prison terms for their roles in a conspiracy to defraud the State of Michigan of more than $250,000 in unemployment insurance benefits.
Mervin Mompremier, 29, of Fort Lauderdale, and Sean Damine Ackeem Jermaine Brown, 35, of Fort Lauderdale, were sentenced on January 19, to terms of imprisonment of 65 months and 16 months, respectively. Robert G. Jean-Baptiste, 32, of Plantation, was sentenced on December 7, 2021, to a term of 21 months’ imprisonment. The sentences include joint and several restitution in the amount of $269,720.70 and forfeiture.
According to court documents, the defendants carried out the conspiracy by using personally identifiable information (PII) of approximately 200 individuals to electronically file false and fraudulent unemployment insurance claims with the Michigan Department of Labor and Economic Opportunity (MI-DLEO). The defendants opened bank accounts to receive the proceeds of the fraudulent unemployment insurance claims, directed payment to those accounts, and withdrew such proceeds in cash using automated teller machines located throughout South Florida.
The defendants previously pleaded guilty to conspiracy to commit wire fraud. Mompremier also pleaded guilty to aggravated identity theft. United States District Judge William P. Dimitrouleas imposed the sentence.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Mathew Broadhurst, Acting Special Agent in Charge, Atlanta Region, U.S. Department of Labor Office of Inspector General (DOL-OIG), made the announcement.
DOL-OIG investigated this case, with assistance from MI-DLEO. Assistant U.S. Attorney David A. Snider prosecuted the case. Assistant U.S. Attorney Gabrielle Charest-Turken is handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-60215.
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Texas man sentenced for role in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Michael Alcendor, of Houston, Texas, was sentenced today to 70 months of incarceration for his role in methamphetamine, crack cocaine, fentanyl, and heroin drug distribution operation, United States Attorney William Ihlenfeld announced.
Alcendor, age 20, pleaded guilty in June 2021 to one count of “Conspiracy to Distribute Controlled Substances,” one count of “Distribution of Fentanyl,” and one count of “Possession with Intent to Distribute Methamphetamine.” Alcendor admitted to working with others to distribute methamphetamine, crack cocaine, fentanyl, and heroin from the spring of 2018 to October 2020 in Monongalia County and elsewhere.
Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner prosecuted the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnership with the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated. The Task Forces have members from the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; West Virginia State Police; Monongalia County Sheriff's Office; and, the Morgantown, WVU, Granville and Star City Police Departments. The investigation was also assisted by the following law enforcement partners: the Monongalia County Prosecutor’s Office, the FBI in Houston, Texas; the Houston Police Department's Multi Agency Gang Initiative; the United States Postal Inspection Service in Houston; and, the FBI and DEA in Los Angeles, California.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
U.S. District Judge Thomas S. Kleeh presided.
Tampa Accountant Pleads Guilty to Plotting A Murder-For-HireRead the Press Release
Tampa, Florida – United States Attorney Roger B. Handberg announces that DeAnna Marie Stinson (50, Tampa) has pleaded guilty to murder-for-hire. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to court documents, on June 24, 2021, Stinson created an account on a dark web website (“The Website”) that purported to provide murder-for-hire services to its customers. The following day, Stinson submitted an “order” requesting that a hitman be assigned to complete a “quick hit in southern Florida” to kill the spouse of Stinson’s former significant other. In the order, Stinson provided the victim’s name, address, and a photograph of the victim. Between June and July 2021, Stinson sent four additional orders and more than $12,000 in Bitcoin to effectuate the hit. During this time, Stinson repeatedly messaged administrators of The Website and purported hitmen requesting that the “job” be completed as soon as possible and even offered a “bonus” if the hit was completed by a specific date. When Stinson had not received a status update from the administrators of The Website, on July 31, 2021, Stinson requested that the administrators “reassign the job to someone who has a history of getting jobs done” because she “need[ed] th[e] job done ASAP.”
Law enforcement agents received information regarding Stinson’s criminal activity and obtained records from her virtual currency exchange account. The records showed that Stinson had paid Bitcoin to The Website. An agent contacted Stinson while acting in an undercover capacity as a hitman for The Website. In a recorded phone call, Stinson confirmed that she wanted the victim killed and agreed to send additional money to the undercover agent via Bitcoin so that the transaction could not be traced. On September 13, 2021, Stinson sent $350 in Bitcoin to the undercover agent so that the agent could purchase a revolver to commit the murder.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Lisa M. Thelwell.
Statement from U.S. Attorney Rachael S. Rollins on the Dismissal of the Gang Chen CaseRead the Press Release
“Today’s dismissal of the criminal charges against Gang Chen is a result of our continued investigation into this matter. Through that effort, we recently obtained additional information pertaining to the materiality of Professor Chen’s alleged omissions in the context of the grant review process at issue in this case. After a careful assessment of this new information in the context of all the evidence, our office has concluded that we can no longer meet our burden of proof at trial. As prosecutors, we have an obligation in every matter we pursue to continually examine the facts while being open to receiving and uncovering new information. We understand that our charging decisions deeply impact people’s lives. As United States Attorney, I will always encourage the prosecutors in our office to engage in this type of rigorous and continued review at every stage of a proceeding. Today’s dismissal is a result of that process and is in the interests of justice.”
St. Paul Man Sentenced to 138 Months in Prison for Cocaine PossessionRead the Press Release
MINNEAPOLIS – A St. Paul man was sentenced to 138 months in prison, followed by five years of supervised release for drug possession with intent to distribute, announced Acting U.S. Attorney Charles J. Kovats.
According to court documents, during the early morning hours of November 1, 2019, officers with the St. Paul Police Department initiated a traffic stop of John Sheldon Pickens, Jr.’s vehicle. Pickens, 36, initially pulled his vehicle over but then accelerated away and led police on a high-speed chase for several miles through the city of St. Paul. Officers were ultimately able to stop him on the Lafayette Bridge and take him into custody. Officers searched the vehicle and found six packages of cocaine that had a combined weight of approximately six kilograms.
Pickens was sentenced today by U.S. District Court Judge Ann D. Montgomery. He was convicted by a federal jury on June 24, 2021, of one count of possession with intent to distribute cocaine.
This case was the result of an investigation conducted by the Homeland Security Investigations, the Saint Paul Police Department, and the Minnesota State Patrol.
This case was tried by Assistant U.S. Attorneys Amber M. Brennan and Joseph S. Teirab.
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South Korean National Sentenced to Two Years in Prison for Attempting to Illegally Export to Asia Poached Wild Succulent PlantsRead the Press Release
LOS ANGELES – A South Korean national was sentenced today to 24 months in federal prison for attempting to illegally export to Asia live Dudleya succulent plants worth at least $150,000 that he and his co-schemers had pulled out of the ground at remote state parks in Northern California.
Byungsu Kim, 46, was sentenced by United States District Judge George H. Wu, who also ordered him to pay $3,985 in restitution to the State of California for expenses related to replanting the stolen plants after his arrest. Kim pleaded guilty in September 2021 to one count of attempting to export plants taken in violation of state law.
On October 11, 2018, Kim and co-defendants Youngin Back, 47, and Bong Jun Kim, 46, traveled by car from Los Angeles International Airport to Crescent City, California. From October 14 to October 16, Kim and the co-defendants harvested numerous Dudleya plants from DeMartin State Beach in Klamath, California, and from Del Norte Coast Redwoods State Park.
Kim knew the taking of the Dudleya plants was unlawful. He had conducted internet searches on his smartphone for “poaching succulents” and “dudleya” and had read a press release regarding the arrest and convictions of three other Dudleya poachers.
On October 22, 2018, Kim and the co-defendants traveled from Northern California to a nursery in Vista and unloaded the Dudleya plants that they had poached during the previous week. The following day, the men traveled to Russian Gulch State Park in Mendocino County, where, wearing backpacks and using hand-held radios to communicate, they pulled additional Dudleya plants out of the ground before returning once again to the Vista nursery.
Prior to the plants’ shipment, Kim scheduled an inspection with a county agriculture official at the Vista nursery and falsely told her the government-issued certificate necessary for the plants’ exportation should list 1,397 Dudleya plants (259 pounds/117.5 kilograms) for export to South Korea and that the “place of origin” of the plants was San Diego County.
The defendants then transported the plants to a commercial exporter in Compton, to whom Kim intended to present the fraudulently obtained certificate so the Dudleya plants could be smuggled to South Korea. When the defendants left, local law enforcement executed a search warrant at the cargo shipping company and found 3,715 Dudleya plants in boxes that were labeled “Rush” and “Live Plants.” These were the plants the defendants had pulled out of the ground from public lands in Northern California.
At the time that Kim and the co-defendants engaged in the illegal conduct, they did not have a scientific permit nor a federal permit that would allow them to harvest Dudleya plants. Kim also admitted to being the scheme’s organizer.
Although California law enforcement officials had confiscated Kim’s passport following his arrest on state charges relating to his October 2018 conduct, Kim fraudulently obtained a new South Korean passport in January 2019 by falsely claiming to the South Korean Consulate in Los Angeles that he had lost his passport.
In May 2019, soon after Kim learned of the federal criminal charges pending against him in this case, he and Back fled to Mexico on foot through the Tijuana-San Ysidro border crossing. Using his fraudulently obtained passport, Kim then flew with Back from Mexico to China, and then flew from China to South Korea.
Kim was arrested in South Africa in October 2019 for charges related to a similar scheme in which he illegally collected plants from protected areas in that nation to export to South Korea. Kim pleaded guilty to the criminal charges in South Africa and was extradited to the United States in October 2020 after spending a year in custody there. He has remained in federal custody since October 2020.
“[Kim’s] willful criminal conduct in October 2019 was not an isolated event: he had carried out the same scheme repeatedly in California,” prosecutors wrote in a sentencing memorandum. “[Kim] had traveled to the United States more than 50 times since 2009. Customs records show that he was travelling for succulent-related purposes and often with tens of thousands of dollars in cash (sometimes declared, sometime not) and fake phytosanitary certificates.”
Bong Jun Kim pleaded guilty in July 2019 to one count of attempting to export plants taken in violation of state law. He served four months in federal custody and was released in October 2019 after Judge Wu imposed a sentence of time served.
Back remains a fugitive.
The California Department of Fish and Wildlife, the United States Fish and Wildlife Service, Homeland Security Investigations, U.S. Customs and Border Protection, San Diego County’s Department of Agriculture, Weights and Measures, the U.S. Department of Agriculture, and the California State Parks investigated this matter. The Justice Department’s Office of International Affairs provided significant assistance in securing the defendant’s extradition from South Africa.
Assistant United States Attorneys Matthew W. O’Brien and Dennis Mitchell of the Environmental and Community Safety Crimes Section prosecuted this case.
South Burlington Man Charged with Distribution of MethamphetamineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Quenton Dodson, 33, of South Burlington, Vermont, has been charged by criminal complaint in federal court with one count of distribution of methamphetamine.
Court records show that Dodson has been the subject of an ongoing investigation conducted by the Burlington Police Department. When he was arrested on Friday within his Farrell Street apartment in South Burlington, police found more than $10,000 in cash, some of which was used to purchase methamphetamine from a person working with police. Police also found additional quantities of suspected methamphetamine, crack cocaine, fentanyl, and other paraphernalia. Police also found a loaded 40 caliber handgun. Dodson was initially charged with state offenses, and at his arraignment in Chittenden Superior Court on Tuesday, Dodson was ordered released on conditions.
Federal charges were filed against Dodson on Tuesday, and he had his initial appearance in federal court before United States Magistrate Judge Kevin J. Doyle this afternoon. Judge Doyle granted the United States’ motion asking that Dodson be detained, and ordered that Dodson remain in the custody of the United States Marshal’s Service. The next hearing in this case is scheduled for January 31, 2022.
“For Burlington, this was a significant narcotics seizure,” said acting Burlington Chief of Police Jon Murad. “Detectives from the Burlington Police Department and federal partners did excellent work building this case and making this arrest. When the court decided to release Mr. Dodson on conditions, we were gratified that our partners at the DEA, ATF, and U.S. Attorney’s office were able to step in with federal charges.”
The complaint is an accusation only and the defendant is presumed innocent until and unless proven guilty. If convicted of the offense charged in the complaint, Dodson would face a maximum possible prison sentence of 20 years.
The Burlington Police Department was assisted by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Drug Enforcement Administration.
United States Attorney Nikolas P. Kerest commended the investigatory efforts of the Burlington Police Department and the collaboration with the United States Bureau of Alcohol, Tobacco, Firearms and Explosives and the United States Drug Enforcement Administration.
Dodson is represented by Assistant Federal Public Defender Steven Barth. The prosecutor is Assistant United States Attorney Michael Drescher.
Smuggler that led police on chase sentenced to significant prison termRead the Press Release
McALLEN, Texas – A 37-year-old Sullivan City resident has been ordered to federal prison after harboring individuals illegally in the country in harsh living conditions, announced U.S. Attorney Jennifer B. Lowery.
Emanuel Salinas Pleaded guilty May 14, 2021.
Today, U.S. District Judge Randy Crane ordered he serve a total of 100 months in federal prison to be immediately followed by three years of supervised release. At the hearing, the court heard about the harsh living conditions to which the individuals were subjected. Judge Crane also considered the fact that some of them were unaccompanied minors, his record of convictions as well as the vehicle chase, during which he caused a collision.
On Feb. 23, law enforcement was conducting surveillance of a residence suspected of harboring undocumented aliens in Edinburg. There, they observed a silver Jeep Grand Cherokee arrive and park outside the residence. Salinas was later determined to be the driver. Several individuals exited the residence and entered the Jeep, which departed and began travelling northbound before stopping at a parking area in San Carlos.
They attempted to conduct a consensual encounter with Salinas, but he immediately fled. He soon led authorities on a 20-mile vehicular pursuit. He did allow four people to exit the vehicle, but still had two others inside, one of whom was an unaccompanied minor. He then continued traveling in excess of 100 mph while weaving through traffic.
He ultimately collided with another vehicle in Edinburg.
Salinas admitted multiple aliens remained behind at the residence. Authorities discovered an additional 26 people, including another unaccompanied minor. The Edinburg location had foul conditions, to include trash piled up in the rooms and its septic tank overflowing onto the neighboring property.
Salinas has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility o be determined in the near future.
Customs and Border Protection conducted the investigation with the assistance of the Texas Department of Public Safety. Assistant U.S. Attorney Peter Brostowin prosecuted the case.
Sioux Falls Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Cletus Gerald Williams, III, a/k/a C.J. Williams, age 25, was indicted on January 11, 2022. He appeared before U.S. Magistrate Judge Mark A. Moreno on January 14, 2022, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Williams was convicted of Sexual Abuse of a Minor in April 2017. As a result of this conviction, he is required to register as a sex offender. It is alleged that between October 28, 2021, and January 4, 2022, Williams, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely an accusation and Williams is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Williams was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Sioux City-Based Physician Group, Tri-State Specialists, L.L.P., Agrees to Pay over $600,000 to Resolve False Claims Act AllegationsRead the Press Release
Tri-State Specialists, L.L.P. (Tri-State), has agreed to pay $612,501.44 to the United States, the State of Iowa, and the State of South Dakota to resolve allegations that it violated the False Claims Act by billing Medicare, Medicaid, TRICARE, and the Federal Employees Health Benefits Program for medically unnecessary procedures and for procedures in excess of those actually performed.
The government alleged that, from August 2014 until August 2019, Tri-State submitted false claims for payment to government healthcare programs for surgical procedures and office visits performed by a plastic surgeon who previously was a partner with Tri-State. The government contended that claims submitted during this period violated the False Claims Act in three ways. First, the government alleged that the surgeon performed cosmetic procedures not reimbursable by government healthcare programs, including panniculectomies and abdominoplasties (also known as tummy tucks) and cosmetic breast reductions, that were falsely billed as medically necessary procedures. Second, the government alleged that the surgeon did not perform services sufficient to justify billing for high-value muscle flap and adjacent tissue transfer surgical procedures. Third, the government alleged that the surgeon did not perform services sufficient to bill for high-value office visits that require a comprehensive exam, comprehensive history, and detailed supporting documentation for patients that require moderately or highly complex medical decision making.
The United States alleged that Tri-State was liable for the surgeon’s acts both because the surgeon was an agent of Tri-State and because Tri-State knew of the surgeon’s acts.
“False Claims Act investigations and enforcement are critical in protecting the government healthcare programs upon which millions of Americans depend. We will continue to vigorously investigate allegations of over-billing and medically unnecessary services in this district,” said United States Attorney Sean Berry.
“We work tirelessly alongside our law enforcement partners to investigate allegations of false billing and to ensure the appropriate use of U.S. taxpayer dollars,” said Curt L. Muller, Special Agent in Charge with the U.S. Department of Health and Human Services Office of Inspector General. “Excessive claims to Federal healthcare programs compromise the efficiency of these programs and deprive these programs of critical resources.”
“As the investigative arm of the Department of Defense’s Office of Inspector General (DoD IG), one of the primary missions of the Defense Criminal Investigative Service (DCIS) is to safeguard valuable taxpayer dollars that fund programs such as Tricare, the military’s health care system,” said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. “Today’s settlement is a testament to the resolve of our agents and our partners in investigating allegations of false claims and protecting taxpayer dollars.”
“The integrity of the Federal healthcare programs is threatened when providers submit false claims,” said Amy K. Parker, Special Agent in Charge with the Office of Personnel Management, Office of the Inspector General (OPM OIG). “The OPM OIG is committed to working closely with our law enforcement partners in order to investigate allegations of fraud in order to protect taxpayer funds.”
This civil matter arose from an action brought under the whistleblower provisions of the False Claims Act. Pursuant to that Act and the settlement agreement, the whistleblower will share in the United States’ financial recovery.
The claims asserted against Tri-State are allegations only; there was no determination or admission of liability.
The case was handled by Assistant United States Attorneys Melissa A.
Carrington and Matthew K. Gillespie and the State of Iowa Attorney General’s Office and investigated by the United States Department of Health and Human Services, Office of Inspector General; the United States Department of Defense Office of Inspector General, Defense Criminal Investigative Service; the United States Office of Personnel Management, Office of the Inspector General; and the State of Iowa’s Medicaid Fraud Control Unit.
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Seven Texas Doctors and a Hospital CEO Agree to Pay over $1.1 Million to Settle Kickback AllegationsRead the Press Release
SHERMAN, Texas – Seven Texas doctors and a hospital executive have agreed to pay a total of $1,106,449 to resolve False Claims Act allegations involving illegal remuneration in violation of the Anti-Kickback Statute and Stark Law, and to cooperate with the Department’s investigations of and litigation against other parties, announced Eastern District of Texas U.S. Attorney Brit Featherston today.
“Paying kickbacks to physicians distorts the medical decision-making process, corrupts our healthcare system, and increases the cost of healthcare funded by the taxpayer,” said U.S. Attorney Brit Featherston. “Laboratories, marketers, and physicians cannot immunize their conduct by attempting to disguise the kickbacks as some sort of investment arrangement. Our office is committed to looking through the disguise and putting an end to any arrangement where the purpose is to improperly influence medical decision making through the payment of kickbacks.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded programs. The Stark Law forbids a hospital or laboratory from billing Medicare for certain services referred by physicians that have a financial relationship with the hospital or laboratory. The Anti-Kickback Statute and the Stark Law are intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlements announced today resolves allegations that seven Texas doctors received thousands of dollars in illegal remuneration from eight management service organizations (MSOs) in exchange for ordering laboratory tests from Rockdale Hospital d/b/a Little River Healthcare (Little River), True Health Diagnostics LLC (True Health), and Boston Heart Diagnostics Corporation (Boston Heart). Little River allegedly funded the illegal remuneration to the doctors, in the form of volume-based commissions paid to independent contractor recruiters, who used MSOs to pay numerous doctors for their referrals. The MSO payments to the doctors were allegedly disguised as investment returns but in fact were based on, and offered in exchange for, the doctors’ referrals.
- Jaspaul Bhangoo, M.D., of Denton, Texas, agreed to pay $125,625 to settle allegations that (a) True Health paid him kickbacks from January 1, 2015 to December 1, 2015; and (b) True Health referred him to an MSO, established by Little River marketers, which paid him MSO kickbacks from June 14, 2016 to September 16, 2016.
- Robert Megna, D.O., of Ferris, Texas, agreed to pay $232,000 to settle allegations that from February 2, 2016 to December 31, 2017 he received kickbacks from (a) one MSO, Ascend MSO of TX, LLC, in exchange for ordering Boston Heart laboratory tests from Little River; and (b) another MSO, Geminorium MG LLC, in exchange for ordering laboratory tests from Boston Heart.
- Baxter Montgomery, M.D., of Houston, Texas, and his professional association B-Saz, P.A., agreed to pay $60,000 to settle allegations that from December 29, 2015 to February 3, 2018 he received kickbacks from (a) one MSO, Ascend MSO of TX, LLC, in exchange for ordering True Health laboratory tests from Little River; and (b) another MSO, Indus MG LLC, in exchange for ordering laboratory tests from True Health.
- Murtaza Mussaji, D.O., of Houston, Texas, agreed to pay $215,000 to settle allegations that from August 7, 2015 to November 14, 2017 he received kickbacks from (a) one MSO, SYNRG Partners LLC, in exchange for ordering True Health laboratory tests from Little River; and (b) another MSO, Catalyst Health Partners LP, in exchange for ordering laboratory tests from True Health.
- David Sneed, D.O., of Austin, Texas, agreed to pay $200,000 to settle allegations that from September 30, 2015 to December 23, 2016 he received kickbacks from an MSO, Alpha Rise Health LLC, in exchange for ordering True Health and Boston Heart laboratory tests from Little River.
- Kevin Lewis, D.O. of Houston, Texas, agreed to pay $57,324 to settle allegations that from June 24, 2015 to April 20, 2016, he received kickbacks from an MSO, Alpha Rise Health, LLC, in exchange for ordering Little River and Boston Heart laboratory tests.
- Angela Mosley-Nunnery, M.D. of Kingwood, Texas, agreed to pay $166,500 to settle allegations that from April 12, 2016 to June 14, 2018 she received kickbacks from one MSO, North Houston MSO Group, Inc. and another MSO, Tomball Medical Management, in exchange for ordering laboratory tests from Little River and True Health.
As part of their settlements, the physicians have agreed to cooperate with the Department of Justice’s investigations of and litigation against other parties involved in the alleged violations of law.
In addition, the United States announced a settlement with Richard DeFoore of Anson, Texas, the former Chief Executive Officer of Jones County Regional Healthcare d/b/a Stamford Memorial Hospital (Stamford), which was a small hospital in Stamford, Texas. In late 2015 and early 2016, DeFoore allegedly was approached by representatives of True Health and a partner company, who proposed an arrangement by which Stamford could profit by billing for diagnostic laboratory tests. Under the arrangement, which expanded to include Boston Heart tests, Stamford allegedly coordinated with True Health and Boston Heart representatives and paid volume-based commissions to independent contractor recruiters, who used MSOs to make payments to doctors that were disguised as investment returns but in fact were based on, and offered in exchange for, the doctors’ referrals. Pursuant to the alleged arrangement, Stamford billed the resulting claims to commercial insurers and True Health and Boston Heart billed the resulting claims to Medicare and other federal healthcare programs. Under the terms of the settlement agreement, DeFoore agreed to pay $50,000, to cooperate with the Department’s investigations of and litigation against other parties, and to be excluded from participation in federal healthcare programs for three years.
“Medical professionals who seek to enrich themselves through kickback schemes undermine federal health care programs and increase health care costs for everyone,” said Special Agent in Charge Miranda L. Bennett of the U.S. Department of Health and Human Services Office of Inspector General. “This settlement demonstrates our commitment to working with our state and federal law enforcement partners to investigate such allegations of fraud.”
“As the investigative arm of the Department of Defense's Office of Inspector General (DoD IG), one of the primary missions of the Defense Criminal Investigative Service (DCIS) is to safeguard the military's valuable health care system commonly known as Tricare," said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. "DCIS will continue to aggressively investigate allegations of kickbacks that undermine the integrity of Tricare and the health care provided to our service members, retirees and their families."
“The Stark Law and the Anti-Kickback Statute are designed to protect the integrity of federal healthcare programs,” said Special Agent in Charge Jeffrey Breen of the Department of Veterans Affairs Office of Inspector General’s South Central Field Office. “The VA OIG is pleased to have been able play a role in this case and work with the U.S Attorney’s office to hold accountable those who seek to defraud taxpayer-funded healthcare programs.”
“We are grateful for the efforts of the U.S. Attorney’s Office, the Health and Human Services Office of the Inspector General, and the Defense Criminal Investigative Service. The service members and families that have and continue to serve our Nation depend on the integrity of the healthcare system,” said Lt. Gen. Ronald Place, Director of the Defense Health Agency. “By rooting out instances where that integrity is threatened, we honor that service.”
The civil settlements were the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Texas and the Civil Division’s Commercial Litigation Branch, Fraud Section, with assistance from HHS-OIG, DCIS, and VA-OIG. As a result of its efforts, the United States has recovered more than $27.76 million relating to conduct involving Boston Heart, True Health, and Little River, including False Claims Act settlements with Boston Heart for $26.67 million in November 2019 and with Dr. Bibi Tasleyma Sattar and Oakmont Wellness Center, PA for $210,000 in July 2020. This matter and the related matters were handled by Assistant U.S. Attorneys James Gillingham, Adrian Garcia, and Betty Young and Senior Trial Counsel Christopher Terranova.
The government’s pursuit of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
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Settlement Agreement Reached with Brown Dermatology to Improve Services to Patients Who Are Deaf or Hard of HearingRead the Press Release
PROVIDENCE, R.I. – The United States Attorney’s Office announced today that Brown Dermatology has agreed to resolve allegations that it violated the Americans with Disabilities Act (ADA) in its care and treatment of patients who are deaf or hard of hearing. Brown Dermatology is a private medical practice that provide clinical services at 10 locations across Rhode Island.
The U.S. Attorney’s Office began the investigation after a complainant alleged that Brown Dermatology failed to provide her family member, who is deaf, with sign-language interpreters during scheduled medical appointments. As a result, the complainant alleged that she was forced to interpret for her family member’s medical appointments, a position for which she is not qualified. The U.S. Attorney’s Office investigated and found that Brown Dermatology failed to provide the deaf patient with a qualified sign language interpreter necessary to provide effective communication for at least 12 medical appointments between 2018 and 2021. The investigation also revealed that Brown Dermatology failed to provide at least seven other deaf patients with a qualified sign language interpreter necessary to ensure effective communication during their medical appointments.
Under the settlement signed today, Brown Dermatology agreed to: (1) adopt policies and procedures that ensure that individuals who are deaf or hard of hearing receive auxiliary aids and/or services (including sign language interpreters when necessary) that ensure effective communication; (2) train its staff on the ADA’s effective communication requirements; and (3) pay $31,000 in settlement. Under the terms of the agreement, $17,500 will be paid to the patient who is deaf; $3,500 will be paid to her family member (for association discrimination), and $10,000 will be paid as a civil penalty to the United States. Brown Dermatology fully cooperated with the investigation and settlement of this matter.
The case was handled by Assistant United States Attorney Amy Romero in coordination with the Disability Rights Section of the Civil Rights Division of the United States Department of Justice.
The U.S. Attorney’s Office for the District of Rhode Island is committed to investigating alleged violations of the Americans with Disabilities Act. The Department of Justice has a number of publications available to assist entities in complying with the ADA, including a Business Brief on Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings, at www.ada.gov/hospcombr.htm. For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TTY).
Any member of the public who wishes to file a complaint alleging that the office of a health care provider or any other place of public accommodation or public entity in Rhode Island is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at https://www.justice.gov/usao-ri/civil-rights-enforcement or 401-709-5000.
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Second Man Charged in Connection with Plot to Kill Haitian PresidentRead the Press Release
A dual Haitian-Chilean citizen was arrested yesterday based on criminal charges related to his alleged involvement in the assassination of the former President of Haiti, Jovenel Moise, on July 7, 2021.
Rodolphe Jaar, 49, is charged with conspiring to commit murder or kidnapping outside the United States and providing material support resulting in death, knowing or intending that such material support would be used to prepare for or carry out the conspiracy to kill or kidnap. Jaar is the second individual to be charged and arrested in the United States for his role in the assassination plot.
As alleged in the complaint, which was unsealed yesterday, the defendant and others — including a group of approximately 20 Colombian citizens and a number of dual Haitian-American citizens — participated in a plot to kidnap or kill the Haitian President. In particular, as alleged, Jaar was present when another conspirator (“Co-conspirator #1”) secured the signature of a former Haitian judge on a written request for assistance to further the arrest and imprisonment of President Moise. According to the complaint, on June 28, 2021, Co-conspirator #1, a dual Haitian-American citizen traveled from Haiti to the United States in furtherance of the conspiracy and provided other individuals with the document, and flew from Florida back to Haiti on July 1, 2021, to participate in the operation against the president.
As alleged in the complaint, while the plot initially focused on conducting a kidnapping of the Haitian President as part of a purported arrest operation, it ultimately resulted in a plot to kill the president. The complaint alleges that on July 7, 2021, various co-conspirators entered President Moise’s residence in Haiti with the intent and purpose of killing him, and in fact the president was killed.
As alleged in the complaint, Jaar was responsible for providing weapons to the Colombian co-conspirators to facilitate carrying out the operation; several of the Colombian co-conspirators also stayed at a residence controlled by Jaar. After the assassination, Jaar allegedly communicated with Co-conspirator #1 and others to assist the Colombians and Co-conspirator #1 while they were in hiding from Haitian authorities.
Co-conspirator #1 was subsequently arrested by Haitian authorities and remains in custody in Haiti. Jaar was arrested in the Dominican Republic and agreed to travel to the United States. He is currently in custody and will appear at 1:30 p.m. ET today in Miami before U.S. Magistrate Judge Lauren Louisin of the Southern District of Florida for his initial appearance.
If convicted of the charges in the complaint, Jaar faces a maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida, Special Agent in Charge George Piro of the FBI’s Miami Field Office and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami Office made the announcement.
The FBI and HSI are investigating the case with other law enforcement partners.
Assistant U.S. Attorneys Andrea Goldbarg and Walter Norkin for the Southern District of Florida are prosecuting the case, with assistance from National Security Division Trial Attorneys Frank Russo, Jessica Fender and Emma Ellenrieder. The Justice Department’s Office of International Affairs provided valuable assistance. Dominican authorities provided significant assistance in securing the return of Jaar to the United States.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Santa Fe man facing federal firearms charges after shooting incidentRead the Press Release
ALBUQUERQUE, N.M. – Gilbert Michael Coriz, 35, of Santa Fe, New Mexico, appeared in federal court on Jan. 19 for a detention hearing on a charge of being a felon in possession of firearms and ammunition. Coriz will remain in custody pending trial.
Coriz was indicted on Dec. 8, 2021, and arraigned on Jan. 18. According to the indictment and other court records, on Jan. 1, 2021, law enforcement responded to a report of shots fired at a residence on Camino Capitan. After obtaining a search warrant, officers cleared and searched the residence and found Coriz allegedly hiding in a water heater closet in the garage. Officers also found three firearms and various types of ammunition.
Coriz was previously convicted of aggravated battery, felon in possession of a firearm, tampering with evidence, possession of a controlled substance and residential burglary. As a previously convicted felon, Coriz cannot legally possess firearms or ammunition.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Coriz faces up to 10 years in prison.
The Santa Fe Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Santa Fe Police Department. Assistant United States Attorney Samuel A. Hurtado is prosecuting the case.
San Diego Pharmacy Pays $105,000 Penalty for Illegitimately Dispensing OpioidsRead the Press Release
SAN DIEGO – San Diego’s Balboa Pharmacy has paid $105,000 to resolve allegations that it illegally dispensed opioids and other dangerous drugs to its patients, according to a settlement agreement signed by Balboa Pharmacy and the United States. The settlement stems from the United States’ continued efforts to combat the opioid epidemic on all fronts, including this investigation of whether Balboa Pharmacy illegally dispensed opioids to its patients in violation of the federal Controlled Substances Act.
The Controlled Substances Act states that pharmacists have a responsibility to only fill prescriptions that are written for a legitimate medical purpose while acting in the usual course of professional practice. The United States alleged that Balboa Pharmacy failed to meet its responsibility when it filled opioid prescriptions without resolving—or often even attempting to resolve—“red flags” that the prescriptions raised. “Red flags” are indications that a prescription may be invalid. According to the settlement agreement, Balboa Pharmacy filled prescriptions without resolving the following commonly known red flags:
- large quantities of opioids well above guidelines for treating patients, which sometimes exceeded a daily Morphine Milligram Equivalent of 100;
- dangerous combinations of drugs, including duplicative therapy; opioids and benzodiazepines (e.g., Valium, Xanax); and opioids, benzodiazepines, and muscle relaxants (e.g., Soma), a combination that is colloquially referred to by drug abusers as the “trinity” because of the rapid euphoric effects of this combination of drugs;
- patients who received prescriptions from multiple prescribers, which sometimes were for the same types of controlled substances or for dangerous combinations of drugs; and
- filling prescriptions for patients early, which includes filling a patient’s prescription before the patient’s earlier prescription for the same drug ran out.
The investigation exemplifies the Department of Justice’s willingness to investigate pharmacies that may be filling dangerous prescriptions without first confirming the legitimacy of each prescription. Public health experts have long warned health care providers that overdose risk is elevated in patients receiving medically prescribed opioids, particularly those receiving high dosages. Pharmacists should carefully track the potency of opioids dispensed to patients by noting the Morphine Milligram Equivalent (MME, also commonly referred to as Morphine Equivalent Dose or MED) of prescribed opioids. Among other things, tracking MMEs advances better practices for pain management by reinforcing the need to consider alternatives to using high-dosage opioids to treat pain, and to appropriately justify decisions to use opioids at dosages that place patients at high risk of addiction, abuse, and overdose. Furthermore, dispensing high dosages increases the risk that patients will divert opioids.
“Pharmacies are the last line of defense protecting the public from addictive opioids and other controlled substances,” said U.S. Attorney Randy S. Grossman. “This office will pursue pharmacists who carelessly disregard red flags, opting instead to rubberstamp questionable prescriptions. We will continue to use all available tools to combat the serious opioid epidemic.” Grossman thanked the prosecution team and investigators for their excellent work on this case.
In addition to the settlement agreement, the DEA and Balboa Pharmacy entered into a Memorandum of Agreement in October 2021 in which Balboa Pharmacy agreed to, among other things, develop policies and procedures and training that address the identification and resolution of “red flags.”
“This investigation is a reminder that all pharmacies have a responsibility to ensure that prescriptions are issued for a legitimate medical purpose,” said DEA Special Agent in Charge Shelly S. Howe. “Failure to do so allows prescriptions to become subject to abuse and diversion, fueling the ongoing opioid epidemic. DEA will continue to hold pharmacies, such as Balboa Pharmacy, accountable.”
To report a tip directly to a DEA representative regarding medical personnel writing suspicious opioid prescriptions and pharmacies dispensing large amounts of opioids, call (571) 324-6499, or visit the DEA’s website (https://www.deadiversion.usdoj.gov/) and click on “Report Illicit Pharmaceutical Activities.”
Assistant U.S. Attorney Dylan M. Aste of the U.S. Attorney’s Office for the Southern District of California handled this matter along with DEA investigators.
The claims resolved by this settlement are allegations only and there has been no determination of liability.