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Tuesday 4 January 2022
Guatemalan National Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national pleaded guilty today in federal court in Boston to illegally reentering the United States after deportation.
Darwin Geovani Herrera Orellana, 31, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for May 5, 2022. Herrera Orellana was indicted in September 2021.
Herrera Orellana was initially encountered in Arizona in 2009, determined to be illegally present in the United States and subsequently deported. Sometime thereafter his removal, Herrera Orellana illegally reentered the United States and was arrested in Texas in 2012. Herrera Orellana was again placed into removal proceedings and deported.
In December 2020, Herrera Orellana was arrested in Waltham and charged with, among other things, assault and battery with a dangerous weapon. In June 2021, he was convicted of assault and battery with a dangerous weapon and sentenced to 14 months in prison. In July 2021, while serving this sentence in the Middlesex County House of Correction, agents determined that Herrera Orellana was illegally present in the United States after the fingerprints from his Waltham arrest and noncitizen records were determined to be a positive match. Upon completion of his prison sentence, Herrera Orellana was subsequently transferred into federal custody where he remains detained.
The charge of unlawful reentry of a deported alien provides for a sentence of up to two years in prison, one year of supervised released and a fine of up to $250,000. Herrera Orellana will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Mendell’s Major Crimes Unit is prosecuting the case.
Georgia Woman Sentenced to 41 Months in COVID-19 Fraud SchemeRead the Press Release
A Georgia woman was sentenced today to 41 months in prison for her scheme to fraudulently obtain more than $7.9 million in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
According to court documents, Hunter VanPelt, aka Ellen Corkrum, 49, of Roswell, pleaded guilty in August 2021 to bank fraud after submitting six fraudulent PPP loan applications to four different lenders on behalf of Georgia Nephrology Physician Associated, United Healthcare Group & Co., Nephrology Network Group LLC, First Corporate International, Corkrum Consolidated Inc., and Kiwi International Inc, entities she owned or controlled. Through the loan applications, VanPelt sought more than $7.9 million and obtained over $6 million in PPP loan funds.
According to court documents, VanPelt lied about the number of employees and payroll expenses in each of the six PPP loan applications. To support the fraudulent PPP loan applications, VanPelt also submitted fraudulent tax records, bank statements, and payroll reports. VanPelt, who legally changed her name from Ellen Corkrum to Hunter VanPelt in July 2016, submitted three of the PPP loan applications using the name VanPelt and the other three PPP loan applications using the name Corkrum.
The Justice Department, working with law enforcement partners, seized and recovered approximately $2.1 million of the disbursed PPP funds in this matter. An additional $1.6 million of the disbursed PPP funds were seized by a bank and returned to the lender.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Kurt R. Erskine for the Northern District of Georgia; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; Special Agent in Charge Chris Hacker of the FBI’s Atlanta Field Office; and Special Agent in Charge Edwin S. Bonano of the Federal Housing Finance Agency – Office of Inspector General (FHFA-OIG) Southeast Region made the announcement.
The FBI and FHFA-OIG investigated the case.
Trial Attorney Chris Wenger of the National Rapid Response Strike Force of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Christopher Huber, Deputy Chief of the Complex Frauds Section of the U.S. Attorney’s Office for the Northern District of Georgia, prosecuted the case.
The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 150 defendants in more than 95 criminal cases and has seized over $75 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Postal Employee Sentenced for Mail Theft at Loranger Post OfficeRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans, announced that HAROLD SAINTES, JR. age 53, of Broussard, Louisiana was sentenced today after previously pleading guilty to a one count Bill of Information with Theft of Mail.
In papers filed with the court and signed by defendant SAINTES, he admitted to taking mis-sent parcels in the amount of $380.00 from the Loranger Post Office from September 1, 2019 through October 19, 2019.
United States District Court Judge Jay C. Zainey sentenced SAINTES to one year probation plus community service and a $100 mandatory special assessment fee. The defendant agreed to pay restitution of $380.00 in full at the time of sentencing.
U.S. Attorney Duane A. Evans praised the work of the U.S Postal Inspection Service, Office of Inspector General in investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
Former Go Cedar Rapids Executives Charged with Bank FraudRead the Press Release
Aaron McCreight, 46, from Dothan, Alabama, has been charged with one count of bank fraud. Doug Hargrave, 54, from Puyallup, Washington, has also been charged with one count of bank fraud. The charges are contained in two Informations filed today in United States District Court in Cedar Rapids, Iowa.
The Informations allege that McCreight, who was then President and CEO of Go Cedar Rapids (“GoCR”), and Hargrave, who was then GoCR’s Finance Director, executed a scheme to defraud a Cedar Rapids bank in connection with loans to GoCR that were used to finance Newbo Evolve, a three-day music and cultural event staged by GoCR during August 2018 that featured concerts by the band Maroon 5 and singer Kelly Clarkson.
The Informations also allege that McCreight and Hargrave defrauded the Cedar Rapids bank by making misrepresentations about Newbo Evolve’s ticket sales, projected revenue, projected expenses, and the true amount of loss that McCreight and Hargrave expected Newbo Evolve to generate. Based on these misrepresentations, McCreight and Hargrave fraudulently induced the Cedar Rapids bank to loan GoCR hundreds of thousands of dollars to be used to finance Newbo Evolve.
If convicted, McCreight and Hargrave each face a possible maximum sentence of 30 years’ imprisonment, a fine, and a period of supervised release following any imprisonment.
The court will set first appearance dates for McCreight’s and Hargrave’s arraignments.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by United States Attorney Sean R. Berry and Assistant United States Attorney Kyndra Lundquist and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The McCreight case file number is 22-CR-00002. The Hargrave Case file number is 22-CR-00001.
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Former Brooke County resident indicted on sex offender registry violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Christopher J. Schragl, a former Brooke County man, is facing a charge involving his sex offender registration, United States Attorney William J. Ihlenfeld, II announced.
Schragl, 45, was indicted today on one count of “Failure to Register.” Schragl, a person required to register as a sex offender, is accused of traveling to West Virginia from another state without updating his registration. The crime allegedly occurred from May to December 2021 in the Northern District of West Virginia.
Schragl faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The U.S. Marshals Service, the West Virginia State Police, the Texas Rangers, and the Nevada State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Essex County Man Admits Illegal Possession of a FirearmRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted illegally possessing a firearm, U.S. Attorney Philip R. Sellinger announced.
Tyson Fletcher, aka “Tyjon Fletcher” and “Rahjohn McCoy,” 41, of Newark, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an indictment charging him with possession of a firearm by a convicted felon.
According to documents filed in this case and statements made in court:
On April 17, 2019, Fletcher illegally possessed a firearm loaded with five hollow-point bullets. Fletcher had previously been convicted of multiple felony offenses, including robbery and unlawful possession of a weapon.
The firearms offense to which Fletcher pleaded guilty carries a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for May 17, 2022.
U.S. Attorney Sellinger credited members of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, and the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Andrew M. Trombly of the Cybercrime Unit in Newark.
East Greenwich Man Admits to Possessing Child PornographyRead the Press Release
PROVIDENCE, R.I. – An East Greenwich man today admitted to a federal court judge that he possessed videos and images of child pornography he accessed from Dark Web sites and forums, announced United States Attorney Zachary A. Cunha.
John D. Macintyre, 32, pleaded guilty to a charge of possession of visual depictions of minors engaging in sexually explicit conduct.
According to charging documents, Homeland Security Investigations, working with the FBI and a foreign law enforcement agency, learned that an IP address associated with Macintyre's residence had had accessed a known Dark Web site that facilitated the sharing of child sexual abuse and exploitation material. A court-authorized search of the defendant’s residence was executed on March 17, 2021, during which several computers and hard drives were discovered in the defendant’s bedroom. An onsite forensic preview of a laptop belonging to Macintyre revealed several videos of child pornography, to include juvenile males engaged in sexual acts with other juvenile males. A subsequent forensic review of the devices revealed additional videos and images depicting child sexual abuse.
At the time of his guilty plea, Macintyre admitted to the court that he accessed the Dark Web to view child pornography two to three times a week for the at least the previous six years.
Macintyre is scheduled to be sentenced by U.S. District Court Chief Judge John J. McConnell, Jr., on July 12, 2022.
Possession of visual depictions of minors engaging in sexually explicit conduct is punishable by statutory penalties of up to 10 years imprisonment, a fine of up to $250,000, and lifetime federal supervised release.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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Colombian National Charged in Connection with Plot to Kill Haitian PresidentRead the Press Release
A Colombian national was arrested based on a criminal complaint filed in the Southern District of Florida.
Mario Antonio Palacios, 43, is charged with conspiracy 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.
As alleged in the complaint, which was unsealed today, these charges relate to the July 7, 2021, assassination of the former President of Haiti, Jovenel Moise, in Port-au-Prince, Haiti. As alleged, the defendant and others, including a group of approximately 20 other Colombian citizens and a group of Haiti-based dual Haitian-American citizens, participated in a plot to kidnap or kill the Haitian President, with one conspirator (“Co-conspirator #1”) traveling to the United States on June 28, 2021, to, among other things, provide other individuals with a written request for assistance to further the plot relating to the Haitian President.
As alleged in the complaint, while the plot initially focused on conducting a kidnapping of the president as part of a purported arrest operation, it ultimately resulted in a plot to kill the Haitian President. The complaint affidavit alleges that, on July 7, 2021, Palacios and others entered the president’s residence in Haiti with the intent and purpose of killing President Moise, and in fact the president was killed.
Co-conspirator #1, a dual Haitian-American citizen, was subsequently arrested by Haitian authorities and remains in custody in Haiti. Palacios eluded arrest and traveled to Jamaica.
Palacios was recently deported from Jamaica and, during a layover in Panama, agreed to travel to the United States. He is currently in custody and will appear in court for his initial appearance later today.
If convicted of the charges in the complaint, Palacios 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, and Special Agent in Charge George Piro of the FBI’s Miami Field Office.
The FBI is investigating the case with other law enforcement partners, including Homeland Security Investigations.
Assistant U.S. Attorneys Andrea Goldbarg and Walter Norkin are prosecuting the case with assistance from National Security Division Trial Attorneys Frank Russo and Emma Ellenrieder. The Criminal Division’s Office of International Affairs provided valuable assistance.
A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Charlotte Pastor Pleads Guilty to Tax and Wire FraudRead the Press Release
CHARLOTTE, N.C. – Frank Jacobs, Sr., 51, formerly of Charlotte now residing in Concord, N.C., appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to tax and wire fraud, for filing a false tax return and using fraudulent information to obtain a COVID-19 relief loan, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), joins U.S. Attorney King in making today’s announcement.
According to filed plea documents and today’s hearing, from at least 2009 to 2018, Jacobs was the Pastor of the Rock Worship Center Church (RWC) in Charlotte, and from at least 2019 to 2021, Jacobs was the Pastor of Quest Church, also located in Charlotte. Filed documents show that, for tax years 2009 through 2013, and 2015 through 2017, Jacobs failed to file timely U.S. Individual Income Tax Returns, Forms 1040, even after he received correspondence from the IRS in some of those years about the need to file and pay taxes. Jacobs did file a tax return for tax year 2014, but, as he admitted in court today, Jacobs both underreported his income on the returns he filed and failed to make a payment to the IRS for any tax liabilities.
As described in plea documents, on April 22, 2020, Jacobs filed on behalf of Quest Church a fraudulent application to obtain disaster-related loan benefits in the form of a Paycheck Protection Program (PPP) loan. The PPP loan program, sponsored by the United States Small Business Administration (SBA), was expanded under the CARES Act to provide support for small businesses to remedy economic harm caused by the COVID-19 outbreak.
Jacobs admitted in court today that the documents he submitted as part of the application process for the PPP loan contained information that was false and inaccurate. For example, Jacobs claimed that Quest Church paid wages totaling more than $135,000 to five employees, from which federal income taxes had been withheld, when in fact Quest Church never reported any payments of any wages to the IRS for the corresponding calendar year, nor did it pay any withholding taxes on such income.
Jacobs was released on bond following his court appearance. A sentencing date for Jacobs has not been set.
The charge of filing a false tax return carries a maximum statutory penalty of three years in prison and a $250,000 fine. The wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
In making today’s announcement, U.S. Attorney King thanked IRS-CI for their investigation of the case.
Assistant U.S. Attorney Jenny G. Sugar, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
The Department of Justice and the U.S. Attorney’s Office for the Western District of North Carolina remain vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. If you think you are a victim of coronavirus fraud or have information pertaining to fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or submit a complaint online using the NCDF Web Complaint Form. Members of the public in the Western District are also encouraged to call 704-344-6222 to reach their local Coronavirus Fraud Coordinator.
Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty to a federal drug trafficking crime.
According to court documents, Joe Butler, 32, aided and abetted Rance McNeil in the distribution of methamphetamine to a confidential informant on April 8, 2021 in Charleston.
Butler pleaded guilty to distribution of five grams or more of methamphetamine and faces a mandatory minimum of five years and up to 40 years in prison when he is sentenced on April 11, 2022. McNeil pleaded guilty in November 2021 and is scheduled to be sentenced on February 17, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Negar M. Kordestani is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00258.
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Central Medical Systems, LLC, Alan Trent Harley and Joan Harley Agree to Pay $600K to Settle False Claims Act LiabilityRead the Press Release
Orlando, FL –United States Attorney Roger B. Handberg announces today that Central Medical Systems, LLC, Joan Harley, and Alan Trent Harley have agreed to pay the United States $600,000 to resolve allegations that they violated the False Claims Act by participating in a scheme to defraud Medicare.
The United States previously intervened in a civil whistleblower lawsuit against Central Medical Systems and Alan Trent Harley on January 18, 2018, and later filed an amended complaint adding Joan Harley, Arthur Wright, and Meddex Solutions, LLC, as defendants, alleging the defendants conspired to make false claims to the United States in violation of the False Claims Act.
The civil lawsuit and settlement relate to the submission of claims for wound care supplies sold by Central Medical Systems. According to the lawsuit, Alan Trent Harley would routinely change quantities of items while billing and manipulated orders in Central Medical Systems’ billing software. This allegedly resulted in Central Medical Systems seeking and receiving inflated Medicare payments for more expensive products than were provided to patients or for products that were never provided at all.
The government’s suit also alleges that, after the United States intervened in the lawsuit, Central Medical Systems and Alan Trent Harley conspired with Joan Harley (his wife), Arthur Wright, and Meddex Solutions to fraudulently submit Central Medical Systems’ claims through Meddex Solutions in an attempt to bypass Medicare’s suspension of payments to Central Medical Systems.
Alan Trent Harley pleaded guilty to one count of wire fraud on November 30, 2020, and was sentenced to 15 months’ imprisonment. According to court documents in that criminal case, Harley co-founded Central Medical Systems in 1986. As president and sole active owner of the business, Harley was responsible for submitting claims to Medicare on behalf of Central Medical Systems. From at least 2011 through 2015, Harley knowingly defrauded the government of more than $870,000 by submitting fraudulent claims to Medicare. Although his employees provided him with accurate data about which wound care supplies were sent, and in what quantities, Harley frequently changed that data (with respect to both product type and quantities) before submitting claims to Medicare, in order to obtain fraudulently higher reimbursements from Medicare.
The United States previously entered into a civil settlement agreement with Arthur Wright and Meddex Solutions, effective June 1, 2021, under which they agreed to pay the United States $77,741.93, to resolve the False Claims Act allegations against them in this case.
“This is another example of our office’s commitment to prosecute those – individual or corporate – who seek to exploit Medicare for their personal gain, and at the expense to taxpayers,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We will continue to use all available resources at our disposal to pursue those who defraud our nation’s federal healthcare programs.”
“Health care professionals are required to follow Medicare rules and accurately bill for services provided. Fraudulently billing Medicare for personal gain cheats millions of people who fund the program and contributes to the soaring cost of health care,” stated Omar Perez Aybar, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General. “Working closely with our law enforcement partners, we will continue to pursue those who exploit government health care programs.”
The settlement resulted from a lawsuit originally filed in the United States District Court for the Middle District of Florida by Relator Jael Cancel. Ms. Cancel sued under the qui tam, or whistleblower, provisions of the False Claims Act that permit a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. The United States intervened in this matter and litigated the case. Ms. Cancel will receive $144,000 of the proceeds from the civil settlement with Central Medical Systems, Alan Trent Harley, and Joan Harley.
The United States’ intervention in and settlement of this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the HHS Office of Inspector General. Assistant United States Attorney Jeremy R. Bloor led the investigation.
The case is captioned United States ex rel. Cancel v. Central Medical Systems, LLC et al., Case No. 6:14-cv-512-ORL-28TBS. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Cedar Rapids Man Sentenced to Prison for Child Pornography ChargeRead the Press Release
DAVENPORT, Iowa – A Cedar Rapids man, Matthew Patrick Langenberg, was sentenced on December 23, 2021 by United States District Court Chief Judge John A. Jarvey to 60 months in prison for Receiving Child Pornography. Langenberg was ordered to serve five years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Fund.
Langenberg, age 52, was identified by law enforcement after an iPhone associated with him was turned over to the Coralville Police Department following the discovery of child pornography on the device. The Johnson County Sheriff’s Office conducted a forensic examination of the device and located 56 images depicting child pornography and one video depicting anime child pornography. Langenberg also used Bit Torrent software to obtain the child pornography and utilized web searches consistent with child pornography. Langenberg pleaded guilty to the charge on August 24, 2021.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Coralville Police Department investigated the case.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Boise Man Sentenced to 12 Years in Federal Prison for Drug TraffickingRead the Press Release
BOISE – A Boise man was sentenced to 144 months in federal prison for possession of methamphetamine with the intent to distribute.
According to court records, Robert Lee Brittain, 54, of Boise, sold two pounds of methamphetamine to another person in February 2021. Investigators obtained a warrant authorizing the search of Brittain’s residence in Boise. When investigators searched his residence on February 23, 2021, they found over 15 pounds of methamphetamine, digital scales, packaging materials, and over $39,000. Brittain was home during the search and was the only occupant of the residence. On September 8, 2021, Brittain pleaded guilty to the charge and admitted that he possessed the methamphetamine with the intent to distribute it to others.
Brittain’s criminal history includes prior felony convictions for lewd conduct with a minor and failure to register as a sex offender. He previously served over ten years in prison for his convictions.
Senior U.S. District Judge B. Lynn Winmill ordered Brittain to serve five years of supervised release following his prison sentence and also ordered Brittain to forfeit $37,000 of drug proceeds.
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho, made the announcement and credited the combined efforts of the Nampa Police Department and the Drug Enforcement Administration’s High Intensity Drug Trafficking Areas (HIDTA) Task Force, which includes officers from the Nampa Police Department, Boise Police Department, Meridian Police Department, and Ada County Sheriff’s Office.
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Berkeley County man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA –Gregory K. Parr, of Martinsburg, West Virginia, has admitted to a drug charge, United States Attorney William J. Ihlenfeld, II announced.
Parr, 65, pleaded guilty today to one count of “Distribution of Fentanyl.” Parr admitted to selling fentanyl in November 2020 in Berkeley County.
Parr 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. Attorney Timothy D. Helman is 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.
Berkeley County man admits to a firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Lante Jerrel Cook, of Martinsburg, West Virginia, has admitted to a firearms charge, United States Attorney William J. Ihlenfeld, II announced.
Cook, 32, pleaded guilty today to one count of “Unlawful Possession of Firearm.” Cook, a person prohibited from having firearms because of a prior conviction, admitted to having a 9mm semi-automatic pistol in July 2021 in Berkeley County.
Cook faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsburg Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Beaumont Man Sentenced for Multiple Armed Convenience Store RobberiesRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to prison for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Moses Ray Rhine, Jr., 21, pleaded guilty on Aug. 11, 2021, to Hobbs Act robbery and brandishing a firearm during a crime of violence and was sentenced to 180 months in federal prison today by U.S. District Judge Marcia Crone.
According to court documents, from Jan. 11, 2021 through Jan. 21, 2021, Rhine and others conspired to commit armed robberies of at least five convenience stores located in Southeast Texas. The stores were all engaged in interstate commerce that employed clerks who were engaged in the commercial activities of the stores at the time of the robberies. Each store was equipped with functioning surveillance cameras that recorded the robberies. Local and federal agents interviewed Rhine and he confessed to his role in the robberies. The Hobbs Act prohibits actual or attempted robbery affecting interstate commerce.
Rhine was indicted by a federal grand jury on June 2, 2021.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney John B. Ross.
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Beaumont Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to prison for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Darrell Jordan, 23, pleaded guilty on July 12, 2021, to being a prohibited person in possession of a firearm and was sentenced to 71 months in federal prison today by U.S. District Judge Thad Heartfield.
According to court documents, on June 4, 2020, Beaumont police responded to a call in reference to an assault at a local hotel. Officers were shown photos of the victim in the hotel parking lot near a maroon Escalade. Officers located the vehicle in the parking lot of the Executive Inn Hotel in Beaumont and knocked on the nearest hotel room door where the vehicle was parked and Jordan answered. While interviewing the other occupants of the room, police observed a revolver in plain view. Jordan told police he was a convicted felon and was taken into custody. Detectives also found two additional firearms in the room near Jordan’s shoes. As a convicted felon, Jordan is prohibited from owning or possessing firearms or ammunition. Jordan was indicted by a federal grand jury on March 3, 2021, and charged with federal firearms violations.
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.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Rachel Grove.
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Alaska Man Pleads Guilty to Federal Charges for Threatening U.S. SenatorsRead the Press Release
FAIRBANKS – A Delta Junction, Alaska, man pleaded guilty in U.S. District Court to two counts of threatening to murder a U.S. official, specifically Alaska’s two U.S. Senators.
According to court documents, Jay Allen Johnson, 65, left a voicemail message on September 2, 2021, at the Washington D.C. office of Senator Lisa Murkowski containing several threats, including a threat to “burn” the Senator’s properties. The investigation revealed that the call originated in Delta Junction from a cellular telephone number linked to Johnson. On September 29, Johnson left another voicemail threatening to hire an assassin to kill the U.S. Senator. Johnson also left threatening voicemail messages for Senator Dan Sullivan between April 2021 and September 2021, including one in which he threatened to get his “.50 caliber out,” hold a “GoFundMe page for the …shells,” and to come “with a vengeance mother*cker.” In total, Johnson admitted to leaving 17 threatening voicemails for the two Senators over a five-month period and said that the messages were intended to retaliate against the Senators for performing their official duties.
As part of the plea agreement, Johnson has agreed to the issuance of a three-year federal protective order following his release from federal prison. The protective order will prohibit Johnson from contacting either U.S. Senator, their family or staff members. Johnson faces a maximum penalty of 10 years in federal prison for each charge as well as forfeiture of seven firearms, which the FBI discovered in Johnson’s residence during execution of a search warrant. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“Threatening public officials in an attempt to interfere with the performance of their duties is antithetical to our democratic system of governance,” said U.S. Attorney John E. Kuhn, Jr. of the District of Alaska. “To protect the functions of our government institutions and our public officials themselves, the Department of Justice will work to ensure our elected officials can serve without fear of harm.
“The FBI remains steadfast in addressing threats in our communities, including violent threats made against those who are performing their official duties,” said Assistant Special Agent in Charge Shawn Peters of the FBI Anchorage Field Office. “This case underscores the swift efforts by the FBI, the U.S. Attorney’s Office and our law enforcement partners as we worked together to address these threats before any potential acts of violence occurred.”
The Federal Bureau of Investigation and the United States Capitol Police are investigating the case.
Assistant U.S. Attorney Ryan Tansey is prosecuting the case.
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Monday 3 January 2022
United States Attorney Breon Peace Announces Selection of Carolyn Pokorny as First Assistant United States AttorneyRead the Press Release
Today, United States Attorney Breon Peace announced his selection of Carolyn Pokorny to serve as First Assistant United States Attorney (FAUSA) for the Eastern District of New York. As FAUSA, Ms. Pokorny oversees the Criminal, Civil, Appeals and Administrative Divisions of the United States Attorney’s Office.
Ms. Pokorny returns to the United States Attorney’s Office after serving since 2019 as the first female Inspector General for the Metropolitan Transportation Authority (MTA) which is charged with oversight of the transit agency. As MTA Inspector General, Ms. Pokorny ushered in an unprecedented dedication to transparency and a willingness to take on big societal issues, such as homelessness, policing, and overtime abuse, that impact the MTA, its workers, riders, and taxpayers. Ms. Pokorny issued hundreds of recommendations for change to the authority, over 100 of which have been implemented. Under Ms. Pokorny’s watch, the Inspector General’s office recouped millions of dollars for the MTA and New York State, including through high profile criminal cases in collaboration with law enforcement partners across the region.
Ms. Pokorny has spent most of her career as a prosecutor and served as an Assistant U.S. Attorney in the Eastern District of New York for more than 14 years. During her tenure, she spent nine years in the Office’s Narcotics Section, serving as a line assistant and Deputy Chief, before being appointed Chief of Narcotics in 2005. While serving as Chief of Narcotics, she spearheaded the creation of the Office’s International Narcotics Strike Force devising a national strategy for prosecuting the leaders of Mexico's most powerful cocaine cartels, and led the international investigation that resulted in the conviction of over 30 leaders of Colombia's most powerful cocaine cartel. In recognition of her work, she received the U.S. Attorney General’s Award for Distinguished Service and the Federal Drug Agents Foundation “True American Hero” award. Ms. Pokorny also served as Senior Litigation Counsel in the Public Integrity Section, as Chief of the General Crimes Section, and as Deputy Chief of the Criminal Division.
In 2015, Ms. Pokorny was tapped by then Attorney General Loretta Lynch to serve as her Deputy Chief of Staff and Counselor. Prior to her appointment as Inspector General of the MTA in 2019, Ms. Pokorny served as Special Counsel for Public Integrity in the Executive Chamber and oversaw New York State’s Ethics, Risk and Compliance program.
Ms. Pokorny is a graduate of Brooklyn Law School where she served as the Associate Managing Editor of the Brooklyn Law Review. She served as an Assistant District Attorney in the Appeals Bureau of the Bronx District Attorney’s Office, which was followed by a two-year judicial clerkship with the late United States District Judge Arthur D. Spatt of the Eastern District of New York.
“I am pleased to welcome Carolyn back to the Eastern District of New York as First Assistant U.S. Attorney. We have known each other for over 20 years since having worked together as Assistant U.S. Attorneys in this Office. Carolyn is an outstanding lawyer and proven leader with a distinguished record of public service with the Department of Justice and with the State and City of New York. She not only brings a wealth of knowledge and experience to the Office, but also impeccable judgment and the utmost integrity,” stated United States Attorney Peace. “I look forward to our working together in pursuing this Office’s mission and advancing the interests of justice and equality for the people of this district.”
“U.S. Attorney Breon Peace has already proven to be a brilliant leader, and I am humbled to have this opportunity to serve as FAUSA as he executes his vision and fulfills the mission of this Office. It is also thrilling for me to return to the place that was my professional home for better part of two decades and rejoin the broader EDNY community of judges, defense attorneys, and talented courthouse staff,” stated First Assistant United States Attorney Pokorny.
U.S. Marshals Arrest More Than 6,000 Murder Suspects in 2021, over 84,000 Fugitives ApprehendedRead the Press Release
The U.S. Marshals Service (USMS) arrested 84,247 fugitives (27,399 on federal and 56,848 on state and local warrants) in Fiscal Year 2021. On average, the agency arrested 337 fugitives per day (based on 250 operational days).
That number breaks down as follows:
- Sex offenders - 10,510 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry and other offenses.)
- Gang members - 6,240
- Homicide suspects - 6,119
- International/foreign fugitives - 1,239 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)
- Organized Crime Drug Enforcement Task Forces Program (OCDETF) fugitives - 1,002 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
- Adam Walsh Act violations – 278 (The Adam Walsh Child Protection and Safety Act (AWA) categorized sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
- “15 Most Wanted” fugitives – 1
Additionally, the USMS seized 7,028 guns during numerous violence reduction and counter gang operations in FY21.
“The outstanding work this year by the U.S. Marshals Service exemplifies that the Department of Justice has no higher priority than keeping our communities safe,” said Deputy Attorney General Lisa O. Monaco. “At a time of unprecedented challenges posed by a global pandemic, the U.S. Marshals continue to deliver on their mission, tracking down and arresting more than 84,000 fugitives. The Department of Justice, through our law enforcement components like the U.S. Marshals Service, will continue to prioritize our efforts to reduce violent crime and keep our neighborhoods safe.”
“I want to thank the men and women of the U.S. Marshals Service for their continued commitment and dedication to public safety,” said Director Ronald Davis of the U.S. Marshals Service. “Their steadfast courage and selfless service in bringing fugitives to justice and in protecting our judicial process help to make all of our communities safer and is critical in preserving our democracy.”
Total warrants cleared by USMS arrests: 99,607
- State and local warrants - 64,565
- Federal warrants - 35,042
The number of warrants cleared nearly always exceeds the number of arrests in a given year because fugitives are often wanted on numerous warrants, and a single arrest can clear them all at once.
The USMS has a long history of providing assistance and expertise to other federal, state and local law enforcement agencies in support of their fugitive investigations. The USMS leads 56 fugitive task forces (representing more than 1,500 law enforcement agencies) throughout the United States and eight congressionally-funded regional fugitive task forces. Staffed by federal, state and local law enforcement agencies, USMS-led task forces target the most dangerous fugitives.
The USMS established the 15 Most Wanted Fugitive Program in 1983 in an effort to prioritize the investigation and apprehension of high-profile offenders considered to be some of the country’s most dangerous fugitives – typically career criminals with histories of violence who pose a significant threat to public safety and have remained on the lam for months or years.
On Oct. 6, 2021, the USMS made a 15 Most Wanted fugitive arrest of Jory Worthen, wanted in Camden, Arkansas, for two homicides in June 2019. Worthen was accused of murdering his girlfriend Alyssa and her 4-year-old son Braydon. Immediately after the murders, Worthen fled in Alyssa’s vehicle, which was later found abandoned in a parking lot in Seattle. The investigation led to Burbank, California, where Worthen was located and arrested after a short foot pursuit. He was extradited back to Arkansas where, in September, Worthen accepted a plea deal that includes never being eligible for parole. As part of the agreement, Worthen pleaded guilty to two counts of first-degree murder. He is serving two concurrent life sentences.
July 27, 2021, marked the 15th anniversary of the signing of the Adam Walsh Child Protection and Safety Act (AWA), which established the USMS as the lead federal agency for sex offender violations. The agency created the Sex Offender Investigations Branch to direct and coordinate implementation of its primary responsibilities under the AWA – assisting state, local, Tribal and territorial authorities in the location and apprehension of noncompliant and fugitive sex offenders; investigating violations of the AWA for federal prosecution; and assisting in the identification and location of sex offenders relocated as a result of a major disaster. In 2021, USMS arrested 278 sex offenders for violating the conditions of their criminal convictions.
In May 2015, the Justice for Victims of Trafficking Act (JVTA) was passed and clarified the USMS’ discretionary authority to support law enforcement requests for assistance on any missing child cases. As such, the USMS assists state, local and other federal law enforcement agencies, upon request, in locating and recovering missing children, while focusing agency resources on “critically missing child” cases – those that involve a suspected crime of violence or where factors are identified by law enforcement that indicates an elevated risk to a missing child. In 2021, the Marshals assisted with the recovery of 950 “critically missing children,” an approximate 145% increase over FY 2020.
The USMS also conducted 591 international removals (extraditions, deportations and expulsions). The USMS is responsible for carrying out extraditions to the United States from foreign countries and for supporting extraditions to foreign countries from the United States – a complex task involving coordination among the Department of Justice Office of International Affairs, the Department of State, foreign governments, U.S. embassies and USMS district offices. The extradition process involves country clearances, threat assessments and security arrangements, travel arrangements, and can include medical assessments and accommodations.
U.S. Attorney’s Office Settles ADA Dispute with YMCA of Spencer, IowaRead the Press Release
The YMCA of Spencer, Iowa, has agreed to settle a dispute regarding an allegation that it violated the Americans with Disabilities Act (ADA) by failing to reasonably modify its policies, practices, and procedures, resulting in the exclusion of a child diagnosed with Autism Spectrum Disorder (ASD) from its programs.
The YMCA of Spencer, Iowa, cooperated with the United States Attorney’s Office during its investigation.
“Ensuring that children with disabilities, and their families, have equal access to public accommodations goes to the heart of the ADA’s promises and protections,” said United States Attorney Sean R. Berry. “I commend the YMCA of Spencer, Iowa, for working with us.”
Under the settlement agreement, the YMCA of Spencer, Iowa, has agreed to adopt a non-discrimination policy and to institute policies and procedures to evaluate members’ requests for modifications to ensure ADA compliance. In addition, the settlement agreement prohibits staff from performing restraints on minors on YMCA premises.
The ADA prohibits discrimination against people with disabilities by public accommodations, including childcare providers and places of recreation. Among other things, public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services, and facilities. They must make reasonable modifications of their policies, practices, and procedures if necessary to avoid discrimination.
Individuals in the Northern District of Iowa who believe their civil rights may have been violated may submit their complaints by e-mailing the United States Attorney’s Office at [email protected] or by accessing https://civilrights.justice.gov/. For more information on the ADA, or to access publications available to assist entities in complying with the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The case was handled by Assistant United States Attorney Matthew Gillespie and the Disabilities Rights Section of the United States Department of Justice.
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U.S. Attorney’s Office Collects $16.9 million in Civil and Criminal Actions in Fiscal Year 2021Read the Press Release
BILLINGS— U.S. Attorney Leif M. Johnson announced today that the District of Montana collected $16,904,987 in criminal and civil actions in Fiscal Year 2021. Of this amount, $4,885,558 was collected in criminal actions and $12,019,429 was collected in civil cases worked by the district or jointly with components of the Department of Justice.
“This money comes from seizing proceeds from criminal activity and from civil penalties and debt collections. These funds help crime victims and benefit the U.S. Treasury, which are priorities of this office. I want to thank our financial litigation unit, the civil and criminal divisions, and all of our employees for their hard work on behalf of victims and government fraud,” U.S. Attorney Leif M. Johnson said.
Some of the funds collected in civil actions include a 2020 settlement with Atlantic Richfield for cleanup of mining contamination in the Butte area and a 2018 settlement with Kalispell Regional Healthcare System for alleged violations of the False Claims Act by paying physicians more than the fair market value.
Funds collected in criminal judgments include a case involving Larry Price Jr., a former Signal Peak Mine official convicted of fraud and other crimes in a corruption investigation.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in Montana, working with partner agencies and divisions, collected $553,764 in asset forfeiture actions in FY 2021. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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Tulalip Tribes member sentenced to 3 years in prison for drug and gun crimesRead the Press Release
Seattle – A 24-year-old member of the Tulalip Tribes was sentenced today in U.S. District Court in Seattle to 3 years in prison for drug and gun crimes, announced U.S. Attorney Nick Brown. Deion Kurtis Fryberg was initially charged in Tulalip Tribal Court in 2019 before the case was referred to the U.S. Attorney’s Office for federal prosecution. Fryberg was charged federally in February 2021, and pleaded guilty to possession of controlled substances with intent to distribute and possession of a stolen firearm in October 2021. At the sentencing hearing, U.S. District Judge James L. Robart imposed three years of supervised release to follow the prison term.
According to records filed in the case, in August 2019, Fryberg and an associate were arrested on the Tulalip reservation with significant quantities of methamphetamine, heroin and fentanyl pills, and with supplies to help them package and distribute the drugs, including a scale and plastic baggies. At the time of his arrest officers found that Fryberg had a loaded, stolen gun in his vehicle along with ammunition. The car had been followed and stopped by Tulalip Tribes Police officers who knew Fryberg and his associate had warrants out for their arrest. Fryberg and his associate refused to exit when ordered to do so, resulting in a brief stand-off before they were arrested.
The case was investigated by the Tulalip Police Department and the FBI’s Northwestern Washington Safe Trails Task Force.
The case was prosecuted by the Task Force’s Special Assistant United States Attorney, Stacey Fernandez.
Stratford Man Involved in Car Theft Ring Sentenced to 4 Years in Federal PrisonRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, announced that CHRISTOPHER MULKERN, also known as “Chucky,” 22, of Stratford, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 48 months of imprisonment, followed by three years of supervised release, for his role in an auto theft ring.
According to court documents and statements made in court, the FBI, Connecticut State Police and local police have been investigating multiple car theft rings in Connecticut, and violent crimes that are being committed using stolen vehicles.
The investigation revealed that Mulkern and others have stolen numerous motor vehicles, and used the stolen vehicles to travel throughout Connecticut and to neighboring states to steal other vehicles and the valuables inside, including credit cards, cellular telephones, and firearms. Mulkern and his associates typically frequented upper middleclass neighborhoods to go “car-checking” or “jigging,” which involves an attempt to open the door of a motor vehicle and, if successful, steal the vehicle and/or valuables inside. Once the thieves take the cars, they sell, trade or pawn any items of value found in the cars and sell or “rent” the stolen cars to other criminals.
On December 1, 2020, Mulkern and Edwin Cordero stole a Porsche Panamera from a residence in Westport, Connecticut. Shortly after midnight on December 2, law enforcement in Westerly, Rhode Island, identified the stolen Porsche and attempted to stop the car. The Porsche drove recklessly, at speeds of at least 86 mph, between Rhode Island and Connecticut, and evaded police who, for safety reasons, were forced to terminate pursuit.
At approximately 4 a.m. on December 2, Mulkern, Cordero and others used the stolen Porsche to steal a Dodge Challenger from a residence in Milford, Connecticut. In the evening of December 2, Stratford Police spotted and attempted to stop the Porsche, which was being driven by Mulkern and in which Cordero was a passenger. During the pursuit, Mulkern rammed a car stopped at a red light at an intersection, drove up on the sidewalk and through the red light, and then struck a second vehicle, causing the second vehicle to flip onto its roof. Mulkern drove the damaged Porsche onto I-95 into Bridgeport, where he and Cordero were apprehended as they attempted to enter another stolen Audi A4 that was parked on Gregory Street. A search of the stolen Audi revealed approximately 13 key fobs for other vehicles, and a search of the Porsche revealed five cellphones. In addition, Cordero possessed a key fob for the stolen Dodge Challenger, which was subsequently located parked on Main Street in Bridgeport, and Mulkern possessed two stolen credit cards.
Mulkern has been detained since his arrest. On April 30, 2021, he pleaded guilty to one count of transportation of a stolen vehicle.
Cordero pleaded guilty to the same offense on September 8, 2021, and awaits sentencing.
Cordero and Mulkern have also agreed to pay restitution to at least seven owners of vehicles they stole and/or damaged.
This matter has been investigated by the Federal Bureau of Investigation, the Connecticut State Police and the Stratford, Milford, Stonington, Westport, Bridgeport, New Haven, Meriden, Darien, Old Saybrook, and Westerly (R.I.) Police Departments. The case is being prosecuted by Assistant U.S. Attorney Sarah P. Karwan.
St. Louis man pleads guilty for his role in armed robbery spreeRead the Press Release
ST. LOUIS – United States District Court Judge John A. Ross accepted a plea of guilty from Jalon Moore on today’s date. Moore pleaded guilty to several counts of armed robbery and possession and brandishing of a firearm in furtherance of crimes of violence. Judge Ross set sentencing for April 6, 2022.
According to the plea agreement, Moore and two co-defendants committed a string of armed robberies in 2019 within the Eastern District of Missouri. Each of the robberies involved a yellow Camaro (which was used as the getaway car), the brandishing of firearms, and the taking or attempted taking of money from local businesses, by the use of force, threatened force, or violence.
Moore and the others were responsible for robbing (or attempting to rob) the following businesses on the following dates:
- Mack Bar and Grill located at 4615 Macklind, St. Louis, Missouri on January 9, 2019;
- Jimmy John’s located at 6459 Chippewa Street, St. Louis, Missouri on February 9, 2019;
- Subway located at 1151 South Kingshighway Boulevard, St. Louis, Missouri on February 17, 2019;
- Panda Express located at 4400 Hampton Avenue, St. Louis, Missouri on March 18, 2019; and
- Sprint located at 5441 Hampton Avenue, St. Louis, Missouri on March 21, 2019.
The other two defendants in this matter have previously pled guilty and are awaiting sentencing. This case was investigated by the Federal Bureau of Investigation-St. Louis and the Saint Louis Metropolitan Police Department, in coordination with the United States Attorney’s Office for the Southern District of Illinois; the Federal Bureau of Investigation-Springfield; and the Collinsville and Fairview Heights Police Departments.
San Diego Real Estate Agent Sentenced for Multi-Million-Dollar Ponzi SchemesRead the Press Release
Assistant U. S. Attorneys Oleksandra Johnson (619) 546-9769 and Valerie H. Chu (619) 546-6750
NEWS RELEASE SUMMARY – January 3, 2022
SAN DIEGO – Alexander Avergoon, a longtime San Diego real estate agent and businessman, was sentenced in federal court today to 64 months in prison for defrauding investors in several Ponzi real estate investment schemes. As part of his guilty plea, Avergoon also admitted to participating in multiple tax evasion and fraud schemes with Rabbi Yisroel Goldstein, former director at Chabad of Poway.
Avergoon was ordered to pay $9,679,306.70 in restitution to several victims. The Court also ordered Avergoon to forfeit to the United States the amount of $5,205,234.41 as proceeds of illegal conduct and property involved in the offense.
“This defendant is a prolific fraudster who has stolen millions of dollars from the many victims of his devious schemes,” said U.S. Attorney Randy Grossman. “It’s now his turn to pay the price for his crimes.” Grossman thanked the prosecution team, the FBI and the IRS for their dedication to achieving justice in this matter.
“The defendant participated in complex financial schemes which defrauded private citizens out of millions of dollars,” said FBI Special Agent in Charge Suzanne Turner. “The FBI will continue to work with our law enforcement partners to root out all forms of financial fraud which not only hurt the victims, but also negatively impact those who rely on individual donors and investors to conduct legitimate business.”
“Mr. Avergoon victimized dozens of investors twofold, by not only swindling them out of millions of dollars, but also recruiting victim-investors to commit tax fraud,” said Special Agent in Charge Ryan L. Korner of IRS Criminal Investigation’s Los Angeles Field Office. “Today’s sentencing sends a clear message that IRS Criminal Investigation will pursue and hold accountable financial fraudsters who deceive and cheat people seeking to invest in our real estate and lending markets. Our Special Agents were proud to work with the FBI and the U.S. Attorney’s Office to bring Mr. Avergoon’s schemes to an end.”
Avergoon pleaded guilty in July 2020, admitting that from 2010 to 2015, he and Goldstein recruited at least nine taxpayers who made more than $275,000 in fraudulent “donations” to the Chabad. Avergoon acted as a conduit to secretly return 90 percent of the money to the purported “donors.” Avergoon also admitted that he joined Rabbi Goldstein in a grant fraud scam in which they obtained hundreds of thousands of dollars in misappropriated grant funds, and a government benefits fraud scheme.
As part of the government benefits fraud scheme, Avergoon used shell companies, including “Imagination Construction Company,” to create fictitious and backdated invoices for services like carpet installation, repairs to the Chabad of Poway’s HVAC system, and replacing damaged books and other supplies—even though Avergoon had never performed these services. In some cases, Avergoon would give Goldstein several fake bids from different shell companies, so that Rabbi Goldstein could trick the grant program administrators into believing he had complied with their competitive bidding requirements. Avergoon and Goldstein pretended that the government grant funds would be used for facilities upgrades, security systems, and community programs. But in reality, the money often went straight to Goldstein’s and Avergoon’s pockets; other times they used portions of it to pay contractors who had in fact charged much lower prices than reflected on Avergoon’s phony paperwork.
Apart from his fraudulent partnership with Rabbi Goldstein, Avergoon also admitted to participating in separate real estate Ponzi schemes from 2010 to 2016, in which he cheated retirement investors out of a total of $12 million. Avergoon was a San Diego-based real estate agent, and he used his industry knowledge and reputation to target trusting victims who would invest in what they thought was the purchase of rental property.
Avergoon promised monthly dividends that would be paid from rental income. He created written investment materials like prospectus and projected income and expenses calculations, designed to give investors the false impression that their money would be safely tucked away in passive-income retirement investments. But in truth, instead of using investors’ money to buy rental properties as he promised, Avergoon spent the money himself and just pretended that he had purchased the apartment buildings and office space he advertised. In true Ponzi fashion, for a time, Avergoon made the promised dividend payments—but rather than using rent income, he funded those payments using new investor money.
Avergoon deceived more than a dozen unwitting investors, convincing them to part with at least $5 million. When an investor would ask to cash out, he encouraged them to re-invest, and at one point he pretended to “roll over” their retirement investments to purchase a multi-million-dollar commercial building. In reality, he bought that building with a loan, not with investor money, and again diverted their money to his own personal use. He created fake partnership agreements, false purchase documents and deeds, and other fictitious records, and forged the signatures of his investors to conceal the fraud—then laundered the proceeds in order to disguise the true source and ownership of the money.
Avergoon did not stop there. He convinced investors to part with another $5 million or more by pretending to use their money to fund short-term, low-risk loans supposedly secured by the borrowers’ high-end San Diego homes. But in reality, there were no “borrowers”—Avergoon used his real estate connections to identify homes he could pose as collateral, and he simply doctored up fake loan agreements and forged the borrowers’ signatures. In some cases, the individuals he claimed were the borrowers did not even own the homes that were purportedly used as collateral. Avergoon made fake loan agreements, Deeds of Trust, mortgage Notes, and other official-looking documents, and he even created fake notary stamps and San Diego County Recorder’s Office markings to make the paperwork appear legitimate. Once again, Avergoon used new investor money to make occasional payments to his victims, to make it appear that the “loans” were performing. But in truth, he diverted the money to his own use and the “investments” were worthless.
Avergoon was indicted in August 2019 and apprehended in Latvia. He was extradited to the United States in November 2019 and has remained in custody since his extradition and initial appearance in federal court in San Diego.
DEFENDANT Case Number 19cr2955-BAS
Alexander Avergoon Age: 46 San Diego
CHARGES
Wire Fraud, in violation of Title 18, USC 1343
Maximum Penalty: Twenty years in prisonAggravated Identity Theft, in violation of Title 18, USC 1028A
Maximum Penalty: Two years minimum consecutive term in prisonMoney Laundering, in violation of Title 18, USC 1956(a)(1)(B)(i)
Maximum Penalty: Twenty years in prisonINVESTIGATING AGENCIES
Federal Bureau of Investigation
Internal Revenue Service – Criminal Investigations
Pawtucket Man Detained for Allegedly Conspiring to Possess Cocaine Shipped from ColombiaRead the Press Release
PROVIDENCE, R.I. – A Pawtucket man has been ordered detained in federal custody for allegedly conspiring to take possession of more than a kilogram of cocaine shipped from Colombia found packed inside an old-model-tube television.
Jomar Cruz-Aponte, 25, is charged by way of a federal criminal complaint with conspiracy to possess 500 grams or more of cocaine with intent to distribute.
It is alleged in charging documents that on December 22, 2021, for the second time in nine days, U.S. Customs and Border Protection intercepted a package shipped to Rhode Island from Colombia, manifested as containing an “old TV without commercial value.” The first package, addressed to a Central Falls residence, was found to contain an older, dial-operated television with 300 grams of cocaine stored inside. The second package, earmarked to be delivered by UPS to a Pawtucket residence, was found to contain a second tube model TV that contained 1093 grams of cocaine stored inside.
On December 29, 2021, after removing the cocaine from the second television, Homeland Security Investigations coordinated a controlled delivery of the package with the Pawtucket Police Department. An undercover Pawtucket Police Officer, posing as a UPS driver, delivered the package to the front steps of the residence. A female retrieved the package then quickly placed it back on the steps. A short time later, Cruz was allegedly observed by members of law enforcement walking around the neighborhood at the same time as a vehicle was seen slowly making its way through the area. Later, Cruz approached the front of the residence from the backyard, retrieved the package, and walked back through the rear of the property to a nearby street where he got into the vehicle seen earlier by law enforcement. Pawtucket officers observed the vehicle leave the area and, after a brief surveillance, effected a car stop. Cruz allegedly quickly opened the passenger door and lunged from the vehicle, with the package in hand. He allegedly then threw the package to the ground and attempted to flee but was unable to do so because of the large police presence.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
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Oshkosh Man Sentenced in Green Bay Federal Court for Illegal Firearm PossessionRead the Press Release
United States Attorney Richard G. Frohling of the Eastern District of Wisconsin, announced that on January 3, 2022, Kenneth A. Wright, (age: 35) of Oshkosh, Wisconsin, was sentenced to 57 months in federal prison by Senior United States District Judge William C. Griesbach for possessing a firearm following a conviction for a felony.
According to court filings,, officers with the Oshkosh Police Department obtained and executed a search warrant at Wright’s residence in December of 2020. The execution of the search warrant led to the recovery of a .380 Bursa firearm possessed by Wright.. At the time, Wright had previously been convicted of two felony drug distribution offenses. As a convicted felon, he is prohibited from legally possessing a firearm.
At sentencing, , Judge Griesbach noted the “very serious nature of the crime,” noted the defendant’s serious criminal record, and a need to protect the community from such firearm violations. In addition to the 57-month prison sentence, he ordered Wright to spend three years on supervised release upon his discharge from federal prison.
This case was investigated by the Oshkosh Police Department. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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Old Town Man Pleads Guilty to Making False StatementsRead the Press Release
BANGOR, Maine: An Old Town man pleaded guilty in federal court today to making false statements to the government, U.S. Attorney Darcie N. McElwee announced.
According to court records, in January 2016, Jeffrey Street, 51, met with special agents from the U.S. Department of Labor and the U.S. General Services Administration. Prior to the commencement of the interview, Street was instructed to be truthful. He received warnings that false statements to federal agents could be prosecuted as violations of federal law. During the interview, he falsely stated that his company never paid employees overtime wages in cash at regular time rates. He also falsely stated that overtime hours worked by his employees were paid by a payroll check. At the time he made these statements, he knew he paid employees regular time rates in cash for overtime hours.
Street faces up to five years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Offices of Inspector General from the U.S. Department of Labor and the U.S. General Services Administration investigated the case.
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Kearney Woman Sentenced for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Jan Sharp announced that Nicole T. Beattie, 29, of Kearney, Nebraska, was sentenced today in federal court in Lincoln for possession with the intent to distribute 50 grams or more of actual methamphetamine and 50 grams or more of methamphetamine mixture. United States District Judge John M. Gerrard sentenced Beattie to 151 months in prison followed by a 5-year term of supervised release. There is no parole in the federal system.
On October 29, 2020, law enforcement executed a search warrant of Beattie’s residence in Kearney. Law enforcement found Beattie and two others in a room with suspected methamphetamine, a firearm, and drug paraphernalia. Law enforcement also found a case containing two bags of suspected methamphetamine in the residence. A lab confirmed that the substance in those bags was in fact about 381 grams of methamphetamine, of which at least 338 grams was actual methamphetamine.
This case was investigated by the Central Nebraska Drug/Safe Streets Task Force.
Justice Department and Agriculture Department Issue Shared Principles and Commitments to Protect Against Unfair and Anticompetitive PracticesRead the Press Release
Speaking at a White House event focused on competition in agriculture, Attorney General Merrick B. Garland and Secretary of Agriculture Tom Vilsack expressed their shared commitment to effectively enforcing federal competition laws that protect farmers, ranchers, and other agricultural producers and growers from unfair and anticompetitive practices, including the antitrust laws and the Packers and Stockyards Act. The Department of Justice and Department of Agriculture (USDA) are already working together to support their respective enforcement efforts under these laws. As one step in that continuing process, today they released the following statement of principles and commitments:
- Farmers, ranchers, and other producers and growers deserve the benefits of free and fair competition. The Justice Department and USDA therefore are prioritizing matters impacting competition in agriculture.
- The agencies will jointly develop within 30 days a centralized, accessible process for farmers, ranchers, and other producers and growers to submit complaints about potential violations of the antitrust laws and the Packers and Stockyards Act. The agencies will protect the confidentiality of the complainants, if they so request, to the fullest extent possible under the law and also commit to supporting the strongest possible whistleblower protections.
- The agencies will work together to promote effective information sharing and case cooperation, including processes the agencies will follow to efficiently address a complaint.
- Both agencies commit to vigorously enforce the laws that protect farmers, ranchers, and other producers and growers from unfair, deceptive, discriminatory, and anticompetitive practices. As appropriate, USDA will make reports or refer potential violations of the Packers and Stockyards Act to the Justice Department to better enable its Antitrust Division to pursue meritorious competition-related cases and to allow the agencies to collaborate on issues of mutual interest. Additionally, The Justice Department and USDA will work together to identify and highlight areas where Congress can help modernize these toolkits.
“The Justice Department takes very seriously the responsibility we share with our partners across the federal government to protect consumers, safeguard competition, and ensure economic opportunity and fairness for all,” said Attorney General Garland. “Over the past ten months, we have stepped up our efforts to ensure competition and counter anticompetitive practices across sectors – from airlines to insurance brokers to book publishers. And we will continue to vigorously enforce our antitrust laws, no matter the industry, no matter the company, and no matter the individual.”
“Producers all across the country for too long have faced a marketplace that benefits a few large companies over those who are growing our food,” said Secretary of Agriculture Vilsack. “This means that consumers are paying more and farmers, ranchers and producers see less of the profits. The pandemic only further disrupted these challenges across the supply chain, exposing a food system that was rigid, consolidated, and fragile. Antitrust and market regulatory enforcement is essential to enabling the competition necessary to transform our concentrated supply chains in favor of diversified, resilient food systems. These are complex, difficult areas of law, and our authorities are 100 years old or more, but I’m heartened by reaffirming our shared commitment to tackle these challenges together.”
Justice Department Resolves Race Discrimination Lawsuit Against Housing Authority in OklahomaRead the Press Release
The Justice Department announced today that it has obtained a settlement agreement with the Housing Authority of the Town of Lone Wolf, Oklahoma, and two of its former employees to resolve allegations that they violated federal law when they denied housing to a Black mother and her young daughter because of their race. Under the settlement, the Housing Authority and former employees David Haynes and Myra Hess must pay $75,000 in damages and take other actions to remedy their violations of the Fair Housing Act and Title VI of the Civil Rights Act of 1964.
“Housing authorities are entrusted with tax-payer dollars to serve some of the most vulnerable members of our communities,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “It is abhorrent that a housing authority would deny a home to any applicant on the basis of race. The Justice Department is committed to vigorous enforcement of federal law to ensure that no one is unlawfully denied housing because of race or for any other prohibited reason.”
“The time for racial discrimination in housing should be far behind us,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office for Fair Housing and Equal Opportunity. “HUD is pleased the Department of Justice and HUD’s Fair Housing Initiative partner, Legal Aid Services of Oklahoma, took appropriate action to put a halt to the housing authority’s unlawful behavior.”
Under the consent decree, which was approved by the U.S. District Court for the Western District of Oklahoma, the defendants will pay a total of $65,000 to the applicant and her child, and $10,000 to the Legal Aid Services of Oklahoma Inc., whose fair housing testing exposed the Housing Authority’s discriminatory conduct. In addition, the consent decree requires the Housing Authority employees and board members to undergo training on the Fair Housing Act and Title VI, implement nondiscriminatory procedures and submit to compliance and reporting requirements.
The United States’ lawsuit, filed in December 2020, alleged that the Housing Authority employees told a Legal Aid employee who contacted them on behalf of the applicant that units were available and invited her to apply. But when the Housing Authority learned from her application that she and her child were Black, the Housing Authority denied the application and falsely told the applicant that no apartments were available. Legal Aid then conducted testing, which confirmed that the Housing Authority was discriminating against Black applicants. As the United States’ lawsuit alleged, the Housing Authority told a white tester that there were multiple apartments available to her and her daughter and showed her three vacant apartments. By contrast, the next day, the Housing Authority told a Black tester that no apartments were available for her and her granddaughter and did not show her an apartment. The Housing Authority receives funds from HUD and manages 25 apartments.
The applicant and Legal Aid subsequently filed a complaint with HUD. After an investigation, HUD determined that the defendants had violated the Fair Housing Act and Title VI and referred the matter to the Department of Justice.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Title VI of the Civil Rights Act of 1964 prohibits discrimination because of race, color or national origin in programs or activities that receive federal financial assistance.
More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at [email protected], or submit a report online at civilrights.justice.gov.
Justice Department Ensures Jeffrey and Lauren Lowe Are Permanently Prohibited from Exhibiting Animals and Terminates Their Interests in Seized AnimalsRead the Press Release
On Dec. 23, the U.S. District Court for the Eastern District of Oklahoma entered a consent decree between the United States and Jeffrey and Lauren Lowe permanently prohibiting them from exhibiting animals, terminating their interests in 97 endangered or threatened animals seized from their facility, and affirming that they have legally abandoned their rights to an additional 41 animals covered by the Animal Welfare Act (AWA).
On the same day, the court granted the United States’ motion for a default judgment against defendants Tiger King LLC and Greater Wynnewood Exotic Animal Park LLC, prohibiting them from exhibiting animals in the future, terminating their interests in the animals seized from the Lowes’ facility, and permanently placing the AWA-covered animals in licensed facilities selected by the United States. Together, this consent decree and default judgment resolve the claims in a civil enforcement action brought by the Department of Justice to address the Lowes’ recurring inhumane treatment and improper handling of animals protected by the Endangered Species Act (ESA) and AWA.
In November 2020, the Department of Justice filed a complaint against the Lowes and two business entities alleging that the defendants had violated and would continue to violate the ESA by illegally taking, possessing and transporting protected animals and the AWA by exhibiting without a license and placing the health of animals in serious danger. Starting in June 2020, inspectors from the Department of Agriculture Animal Plant and Health Inspection Service (USDA APHIS) identified numerous animals in poor health and living in substandard conditions under the Lowes’ care, first at Greater Wynnewood Exotic Animal Park, in Wynnewood, Oklahoma, and then at Tiger King Park, in Thackerville, Oklahoma. USDA suspended Jeffrey Lowe’s AWA exhibitor’s license, and Lowe then unilaterally terminated his license. Yet the Lowes continued to exhibit animals, both in person and for compensation via online platforms. In addition to exhibiting without a license, the Lowes did not provide timely and adequate veterinary care or nutrition, failed to maintain safe and sanitary conditions and housed animals in enclosures which were too small and exposed to the elements.
On Jan. 15, the United States obtained a preliminary injunction requiring the Lowes to relinquish possession of all Big Cat cubs under the age of one year and their respective mothers to the United States. In May 2021, after the Lowes violated other terms of the preliminary injunction order by breeding animals and failing to maintain and provide records regarding the health of the animals in their care, the United States executed two civil seizure warrants and took possession of 68 Big Cats and one jaguar that had been harmed and harassed in violation of the ESA. In August 2021, the United States secured the Lowes’ agreement to abandon their interests in all animals remaining at Tiger King Park, and the United States took possession of 11 endangered lemurs and 41 other animals.
Under the terms of the consent decree, the Lowes agree to permanently refrain from exhibiting animals or applying for any USDA license or registration. They also terminated their rights and interests in the 97 ESA-listed animals seized from Tiger King Park and agreed not to file any claim in the separate civil forfeiture action initiated by the United States with regard to those animals. Additionally, the Lowes affirmed the validity of the August 2021 abandonment form and agreed not to pursue legal action against the United States, or any facility involved in the removal, transport or care of the abandoned animals.
“The Department of Justice is committed to protecting endangered and threatened species and preventing the inhumane treatment of animals held in zoos and private facilities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This consent decree ensures that the animals mistreated and endangered by the Lowes will be moved to a safe home in AWA-licensed facilities and prohibits the Lowes from exhibiting live animals again.”
“This consent decree demonstrates the commitment of USDA and the Department of Justice to work together to bring final resolution to this case,” said Deputy Administrator Dr. Betty Goldentyer of USDA APHIS’s Animal Care Program. “USDA is very proud of the hard work of our inspectors. It was their skill and expertise that allowed us to safely relocate all of the animals and end the mistreatment that was occurring at this facility.”
The case is being handled by Senior Trial Attorney Mary Hollingsworth and Trial Attorneys Briena Strippoli and Devon Flanagan of the Environment and Natural Resources Division’s Wildlife and Marine Resources Section. Senior Policy Advisor Darrin McCullough of the Criminal Division’s Money Laundering and Asset Recovery Section assisted with this case and the parallel civil forfeiture action. The Civil Division of the U.S. Attorney’s Office for the Eastern District of Oklahoma provided valuable assistance. The case was investigated by APHIS and the Department of the Interior’s Fish and Wildlife Service.
Justice Department Announces New Rule to Help Enhance Safe and Secure Storage of Firearms; Publishes Best Practices Guide for Federal Firearms LicenseesRead the Press Release
The Department of Justice today announced a new rule to help enable the safe and secure storage of firearms and published a Best Practices Guide for federal firearms licensees (FFLs). This new rule implements the existing Gun Control Act requirement that federal firearms licensees that sell firearms to the general public (non-licensees) must certify that they have available secure gun storage or safety devices. The Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Best Practices Guide for FFLs is an important resource and reference guide about federal laws and regulations.
“Today’s announcements build on the department’s efforts to reduce the risk of firearms falling into the wrong hands,” said Attorney General Merrick B. Garland. “Gun safety is a Department of Justice priority, and we will continue to take all appropriate steps to help reduce the number of people killed and injured by the misuse of firearms.”
The Department of Justice has submitted to the Federal Register for publication a final rule, which will take effect Feb. 3, requiring FFLs to certify that they have secure gun storage devices available to their customers for purchase. Secure gun storage or safety device, as defined by statute and regulation, includes a safe, gun safe, gun case, lock box or other device that is designed to be or can be used to store a firearm and that is designed to be unlocked only by means of a key, a combination or other similar means. Not all devices are compatible with varying types of firearms. Therefore, integral to the new rule is the requirement that FFLs have available secure gun storage options that are compatible with the firearms they are selling.
The final rule, published in the electronic reading room today, can be viewed here: https://www.federalregister.gov/public-inspection/2021-28398/secure-gun-storage-and-definition-of-antique-firearm.
In addition, today, the ATF published a Best Practices Guide for FFLs. The ATF’s Best Practices Guide is designed to assist FFLs in complying with all required firearm laws and regulations that are designed to ensure public safety and the traceability of firearms.
The Best Practices Guide also encourages FFLs to provide customers with ATF publications to help firearms owners better understand their legal obligations, as well as practical steps they can take to help keep firearms out of the hands of prohibited persons and facilitate the safe storage of firearms. Links to ATF publications addressing the following topics are included in the Best Practices Guide: procedures for FFLs to assist unlicensed firearms owners in conducting background checks for private party transfers; compliance with the Youth Handgun Safety Act; records firearms owners should maintain that can assist law enforcement if the owner’s firearms are ever lost or stolen; and the legal consequences and public safety dangers of straw purchasing – which involves purchasing a gun for someone who is prohibited by law from possessing one or for someone who does not want his or her name associated with the transaction.
To view ATF’s Best Practices Guide, see: https://www.atf.gov/firearms/federal-firearms-licensee-quick-reference-and-best-practices-guide.
John Farley Appointed as U.S. Attorney for the District of New Hampshire by Attorney General Merrick GarlandRead the Press Release
CONCORD – John J. Farley was appointed by Attorney General Merrick Garland to serve as the United States Attorney for the District of New Hampshire effective January 1, 2022.
As the U.S. Attorney, Farley serves at the chief federal law enforcement officer in New Hampshire. He supervises all the attorneys and staff who prosecute federal criminal offenses and represent the United States in civil litigation.
Chief Judge Landya B. McCafferty of the U.S. District Court for the District of New Hampshire administered the oath of office to U.S. Attorney Farley.
“I am honored to serve as the United States Attorney in New Hampshire and am humbled by the Attorney General’s decision to entrust me with this significant responsibility,” said U.S. Attorney Farley. “The men and women at the U.S. Attorney’s Office are dedicated public servants who work tirelessly to obtain just outcomes in all the civil and criminal matters handled by this office. As U.S. Attorney, I will continue to work closely with our outstanding staff and our superb law enforcement partners to protect public safety and pursue justice on behalf of the citizens of the Granite State.”
U.S. Attorney Farley began serving as the Acting U.S. Attorney on March 7, 2021, following the resignation of U.S. Attorney Scott W. Murray. As a result of the Attorney General’s appointment, he will serve as the U.S. Attorney for a period of 120 days or until a U.S. Attorney is nominated by the President and confirmed by the Senate. If a U.S. Attorney is not nominated and confirmed within that period, a U.S. Attorney will be appointed by the U.S. District Court for the District of New Hampshire.
A career public servant, U.S. Attorney Farley has worked for the U.S. Department of Justice for over 26 years. After clerking for U.S. District Judge Thomas F. Hogan in the District of Columbia, he joined the Justice Department through the Honors Program in 1995. He first worked for the Narcotic and Dangerous Drug Section in the Department’s Criminal Division where he prosecuted drug cases in multiple locations, including Texas, California, and Puerto Rico. He then worked as an Assistant U.S. Attorney in the District of Massachusetts from 1998 to 2004, where he prosecuted drug and public corruption cases.
In 2004, he joined the U.S. Attorney’s Office in New Hampshire. From 2004 to 2012, he worked in the Civil Division where he primarily handled civil health care fraud and civil rights matters. He then moved to the Criminal Division, where he served as the Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force and prosecuted a wide variety of criminal cases. In 2016, he became the First Assistant U.S. Attorney. He previously served as Acting U.S. Attorney from March of 2017 to March of 2018.
Originally from Philadelphia, U.S. Attorney Farley has resided in New Hampshire for over 20 years. He is a graduate of the University of Notre Dame and the Georgetown University Law Center. He and his wife are the proud parents of two teenage boys.
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Iowa Sex Offender Sentenced to 22 Years in Prison for Child Enticement CrimesRead the Press Release
ROCK ISLAND, Ill. – A West Liberty, Iowa, man, Charles Walter Christopher, 43, was sentenced on December 15, 2021, to a total of 264 months in prison, to be followed by a lifetime of supervised release, for attempted enticement of a minor and committing a sex offense while a registered sex offender.
Christopher had pleaded guilty in August of 2021. According to court documents, Christopher began communicating online with an individual he believed to be a 15-year-old child. After arranging to meet with the intended victim, Christopher traveled from West Liberty, Iowa, to Rock Island, Illinois. Upon his arrival, Christopher was arrested by federal agents and local law enforcement. At the time of his arrest, Christopher was on federal supervised release out of the Southern District of Iowa for attempted enticement of a minor.
Christopher has remained in the custody of the U.S. Marshals since his arrest in November 2020.
“We will continue to prosecute those who intend to sexually harm children by working with the FBI and our other law enforcement partners,” said U.S. Attorney Gregory K. Harris. “Hopefully, this case and others like it will serve to remind anyone with the inclination to prey upon children to think twice and to stop. Children and parents need to remain constantly vigilant and exercise caution when accessing the internet, communication apps, and similar platforms.”
"The FBI and our law enforcement partners will continue to use every available resource to track, locate, and arrest those who seek to victimize our children," said David Nanz, Special Agent in Charge of the Federal Bureau of Investigation's Springfield Office.
Chief U.S. District Court Judge Sara Darrow’s 264-month sentence was comprised of 144 months’ imprisonment for attempted enticement of a minor and 120 months’ imprisonment for committing a sex offense while a registered sex offender, to run consecutively.
The investigation was conducted by the Federal Bureau of Investigation, Springfield Division, with assistance from Rock Island Police and Illinois State Police. Assistant U.S. Attorney Jennifer L. Mathew represented the federal government in the prosecution.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Huntington Park Man Sentenced to 21 Years in Prison for Armed Robbery Spree Targeting Southland Trader Joe’s Grocery StoresRead the Press Release
LOS ANGELES – A Huntington Park man was sentenced this morning to 252 months in federal prison for committing 21 armed robberies and attempted armed robberies of Trader Joe’s grocery stores throughout Southern California during a three-month crime spree.
Gregory Johnson, 44, was sentenced by United States District Judge Virginia A. Phillips for the robberies in which Johnson used a semi-automatic handgun to terrorize store employees and customers.
Johnson pleaded guilty in May 2021 to one count of interference with commerce by robbery (Hobbs Act) and one count of brandishing a firearm in furtherance of a crime of violence. Johnson admitted he committed armed robberies of Trader Joe’s grocery stories between August 28 and December 4, 2020 in Eagle Rock, Sherman Oaks, Chatsworth, Glendale, Pasadena, Monrovia, San Dimas, Culver City, Manhattan Beach, Rancho Palos Verdes, Cerritos, Brea, Santa Ana, Agoura Hills, Tustin and Irvine. He also attempted to rob Trader Joe’s stores in Simi Valley and Corona. After Johnson robbed the stores in Rancho Palos Verdes and Brea, he returned weeks later to rob them again.
On December 4, 2020, Johnson and his son, Gregory Eric Johnson, 20, of South Los Angeles, were arrested after a witness gave law enforcement a description of the Johnsons’ getaway car and its license plate, according to court documents. After stopping the vehicle, law enforcement recovered Johnson’s gun and other items from the vehicle.
“The violent, terroristic nature of [Johnson’s] criminal conduct cannot be overstated,” prosecutors wrote in a sentencing memorandum. “[Johnson] repeatedly brandished and used a firearm to control and instill fear in innocent civilians. These crimes terrorized the businesses’ employees and customers. These crimes have a lasting impact of emotional trauma on the victims.”
Prosecutors further noted defendant’s “serious and violent criminal history,” including a prior armed robbery conviction in 2000 for robbing a Trader Joe’s store that resulted in a 12-year sentence. Johnson was on probation in several other cases when he committed Trader Joe’s armed robbery spree.
Gregory Eric Johnson was sentenced in December 2021 to two years in federal prison for his role in his father’s crime spree. He pleaded guilty in March 2021 to a two-count information charging him with interference with commerce by robbery for robbing Trader Joe’s stores in Chatsworth and Chino Hills in December 2020.
The FBI; the Los Angeles County Sheriff’s Department; and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this matter.
Assistant United States Attorneys Jeffrey M. Chemerinsky and Joseph D. Axelrad of the Violent and Organized Crime Section prosecuted this case.
Great Falls meth user sentenced to five years in prison for illegal possession of numerous firearmsRead the Press Release
GREAT FALLS — A Great Falls man who admitted to using methamphetamine and possessing firearms after law enforcement seized numerous guns along with ammunition from his residence was sentenced today to five years in prison to be followed by three years of supervised release, U.S. Attorney Leif M. Johnson said.
Jeremiah Lewis Camphouse, 41, pleaded guilty in September 2021 to drug user in possession of firearms and ammunition.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered the forfeiture of 48 firearms and 10,826 rounds of ammunition.
The government alleged in court documents that while investigating Camphouse in April 2020 for other crimes, law enforcement learned Camphouse was a heavy meth user and had numerous firearms and ammunition at his house. Officers obtained arrest and search warrants for Camphouse. Camphouse admitted to being a daily meth user and that he had “a little bit of dope” at his home. Camphouse also admitted to possessing and trading numerous firearms. During a search of Camphouse’s home, law enforcement seized dozens of firearms, thousands of rounds of ammunition and various firearms components.
Assistant U.S. Attorney Jeffrey K. Starnes prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Great Falls 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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Fourth Defendant Pleads Guilty to Stealing Trade Secrets from GlaxoSmithKline to Benefit Chinese Pharma CompanyRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Lucy Xi, 44, formerly a resident of Malvern, PA, pleaded guilty to stealing trade secrets from GlaxoSmithKline (GSK) to benefit a Chinese pharmaceutical company named Renopharma.
Lucy Xi’s co-defendants, Yu Xue, Tao Li and Yan Mei, established Renopharma supposedly to research and develop anti-cancer drugs. In reality, though, the company was used as a repository of information stolen from GSK. Renopharma received financial support and subsidies from the government of China. At the time, Lucy Xi (who was married to Yan Mei) and Yu Xue were employed as a scientists at a GSK facility in Upper Merion, PA, which worked on developing biopharmaceutical products. These products typically cost in excess of $1 billion to research and develop.
In January 2015, Lucy Xi sent Yan Mei a GSK document which contained confidential and trade secret data and information. The document provided a summary of GSK research into monoclonal antibodies at that time. In the body of the e-mail, Lucy Xi wrote, “You need to understand it very well. It will help you in your future business [RENOPHARMA].”
Yu Xue, her sister, Tian Xue, and Tao Li have all pleaded guilty for their roles in this conspiracy. Yan Mei is a fugitive who currently resides in China.
“This defendant illegally stole trade secrets to benefit her husband’s company, which was financed by the Chinese government,” said U.S. Attorney Williams. “The lifeblood of companies like GSK is its intellectual property, and when that property is stolen and transferred to a foreign country, it threatens thousands of American jobs and jeopardizes the strategic benefits brought about through research and development. Such criminal behavior must be prosecuted to the fullest extent of the law.”
“Pharmaceutical firms like GSK invest staggering amounts of time and money to develop new medications and bring them to market,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “When individuals steal valuable trade secrets concerning one of these drugs, it’s a threat both to that firm and beyond. After all, innovation like this propels the U.S. economy. The FBI is committed to enforcing laws that protect the nation’s businesses from such theft. We will not permit American research and development to be scavenged for the benefit of other companies or countries.”
The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorneys Robert J. Livermore and J. Jeanette Kang.
Former Keene Man Pleads Guilty to Fraudulently Obtaining CARES Act FundsRead the Press Release
CONCORD - Andre McBreairty, 45, previously of Keene, pleaded guilty in federal court to making false statements to obtain CARES Act funds, United States Attorney John J. Farley announced today.
In response to the ongoing COVID-19 pandemic, Congress passed several measures designed to help small businesses, including the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act created, among other things, the Paycheck Protection Program (PPP). Under that program, businesses could obtain low-interest loans to meet payroll during the first few months of the pandemic. If the money was spent on payroll and other approved purposes such as utilities and rent, the Small Business Administration (SBA) would forgive the loans in full. Congress later passed the Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act, which authorized a second tranche of PPP loans.
The SBA also opened up its Economic Injury Disaster Loan (EIDL) program to businesses. Under the program, businesses could obtain loans for working capital and normal operating expenses. EIDL applicants were also eligible for advances of up to $15,000, provided certain conditions were met. These advances generally do not need to be repaid.
According to court documents and statements made in court, the defendant lied about his payroll and income to obtain three CARES Act loans. For example, when applying for a loan under the EIDL program, McBreairty falsely claimed that his annual income was $100,000. When applying for a PPP loan, he generated a false IRS form inflating his 2020 earnings. Overall, McBreairty obtained and misused $55,316 in CARES Act proceeds that he was not entitled to receive.
McBreairty, who now resides in Pennsylvania, is scheduled to be sentenced on April 14, 2022.
“Although Congress passed the CARES Act to provide financial assistance during the pandemic, some greedy individuals have used fraud to obtain funds they are not entitled to receive,” said U.S. Attorney Farley. “By submitting false documents and false information to obtain CARES Act funds, this defendant stole from the American taxpayers. Thanks to the hard work of federal law enforcement agents, he is now being held responsible for his unlawful conduct. As this case demonstrates, we are working closely with our law enforcement partners to identify and prosecute those who defraud federal assistance programs.”
“The Treasury Inspector General for Tax Administration aggressively pursues those who endeavor to defraud programs afforded to the American people under the Coronavirus Aid, Relief, and Economic Security Act,” said J. Russell George, Treasury Inspector General for Tax Administration (TIGTA). “We appreciate the efforts of the U.S. Department Justice and our law enforcement partners in this effort.”
This matter was investigated by the Treasury Inspector General for Tax Administration and Social Security Administration’s Office for the Inspector General. The case is being prosecuted by Special Assistant U.S. Attorney Alexander S. Chen and Assistant U.S. Attorney Matthew T. Hunter.
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On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
EDVA Collects over $48 M in Civil and Criminal Actions in Fiscal Year 2021Read the Press Release
ALEXANDRIA, Va. – U.S. Attorney Jessica D. Aber announced today that the Eastern District of Virginia (EDVA) collected $48,454,99.23 in criminal and civil actions in Fiscal Year 2021. Of this amount, $24,547,719.25 was collected in criminal actions and $23,907,277.98 was collected in civil actions.
Additionally, EDVA worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $15,868,371.49 in cases pursued jointly by these offices. Of this amount, $29,835.95 was collected in criminal actions and $15,838,535.54 was collected in civil actions.
“EDVA prioritizes monetary collections, whether it’s to pay restitution to victims or return money to the public fisc for taxpayers,” said U.S. Attorney Jessica D. Aber. “I am grateful for the efforts of our attorneys and support staff in the Asset Recovery Unit and Civil Division to maximize these recoveries.”
In June, EDVA obtained $12,772,843 as part of the settlement with Level 3 Communications, LLC (Level 3), a multinational telecommunications and Internet service provider company. Level 3 agreed to settle allegations involving kickbacks paid to former Level 3 officials in return for favorable treatment to subcontractors in connection with government contracts; improperly obtaining competitive bid information; and misstating compliance with woman-owned small business subcontracting requirements.
In September, after securing jury verdicts against Daryl Bank for masterminding a $25 million investment fraud, EDVA obtained a restitution order for $25,608,156.83. This will require Bank and his codefendants to pay back the more than 350 victims of his crime. In the interim, EDVA is forfeiting Bank’s property, including real estate in Florida and North Carolina; luxury jewelry, to include a 5+ carat diamond ring; high-end clothing and handbags, to include an Hermes belt; over $625,000 seized from bank accounts; and over $75,000 in seized cash in order to request that the Money Laundering Asset Recovery Section of the Department of Justice permit those liquidated funds to be returned to victims.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in EDVA, working with Department of Justice partner agencies and divisions, collected $29,013,457 in asset forfeiture actions in FY 2021. Of that sum, $9,583,825 collected through asset forfeiture was returned to victims of crime through restoration and remission. This amount does not include forfeitures in partnership with Department of Treasury law enforcement agencies. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia.
Clare E. Connors Sworn in as United States AttorneyRead the Press Release
HONOLULU – Clare E. Connors today took the oath of office to become the United States Attorney for the District of Hawaii. USA Connors was nominated by President Joseph Biden on September 28, 2021 and confirmed by the U.S. Senate on December 7. She took the oath of office from Chief United States District Judge J. Michael Seabright.
“I am grateful to return to this office with the opportunity to lead its efforts in serving the Hawaii community,” said USA Connors. “We will continue to protect the interests of the United States and all the people and organizations we represent.”
As U.S. Attorney, USA Connors is the top-ranking federal law enforcement official in the District of Hawaii, which consists largely of the State of Hawaii but also includes some areas in the Pacific outside Hawaii. She oversees a staff of approximately 60 employees, including 28 attorneys and, presently, 29 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to national security, drug trafficking, public corruption, child exploitation, firearms, and violent crime. The office also initiates affirmative civil actions, defends the United States in civil cases and collects debts owed to the United States.
USA Connors was raised in Honolulu and graduated from Punahou School. Until this appointment, she had been serving as the Attorney General of the State of Hawaii since January 3, 2019. She previously was an Assistant U.S. Attorney in the District of Hawaii from 2004 to 2011, and a Trial Attorney in the Tax Division of the Department of Justice from 2003 to 2004. After leaving the U.S. Attorney’s Office, she was an attorney at the Honolulu law firm of Davis Levin Livingston from 2011 to 2019.
USA Connors received her J.D. in 2002 from Harvard Law School and her B.A. in 1996 from Yale College. She is a member of the Hawaii State Bar Association.
Thursday 30 December 2021
United States Attorney's Office Announces over $650,000 Total Recovery for Victims in Two CasesRead the Press Release
BOSTON – The United States Attorney’s Office announced today approval by the Department of Justice’s Money Laundering and Asset Recovery Section to direct $454,945 recovered from forfeited assets to the victims of Keenam “Kason” Park. Park was convicted in August 2020 of one count of wire fraud in connection with a scheme to defraud private high schools and international students of millions of dollars in tuition and other fees.
The United States Attorney’s Office also announced approval to direct $229,882 recovered from forfeited assets to the victims of Raymond K. Montoya. Montoya was a hedge fund manager convicted in October 2018 of three counts of wire fraud, five counts of mail fraud and two counts of conducting an unlawful monetary transaction in connection with running a multi-million-dollar Ponzi scheme.
Keenam Park
In December 2020, Park was sentenced by U.S. Senior District Court Judge Mark L. Wolf to five years in prison and three years of supervised release and was ordered to pay restitution of $7,332,407. The court also ordered forfeiture in the amount of $7,332,407.
Park – through his company, EduBoston – collected tuition and other payments from students’ families for the 2019-2020 academic year but failed to pay the full tuition owed to partnering schools. Instead, Park used the funds on unrelated expenses, including personal expenses. Park also caused EduBoston to collect advance tuition and other payments for the 2020-2021 academic year, which Park failed to return to the students’ families after EduBoston went out of business in or around September 2019.
The government pursued forfeiture of a number of Park’s assets, including seizing bank accounts, a Lexus and other personal property, which resulted in this recovery. The funds will be distributed to victims pursuant to the Amended Judgment entered in this case. The U.S. Attorney’s Office will continue to pursue assets to compensate Park’s numerous victims.
Raymond Montoya
In March 2019, Montoya was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to 175 months in prison and three years of supervised release. Montoya was ordered to pay restitution in the amount of $38,386,802 and forfeiture.
Between 2009 and June 2017, Montoya ran a pooled investment hedge fund in Boston called RMA Strategic Opportunity Fund, LLC. Montoya falsely told his investors—including his family, friends and acquaintances who resided in Massachusetts, Ohio and California—that the fund was earning substantial returns, when in fact, by 2014, the RMA Fund was sustaining substantial losses. The investors transferred millions of dollars of their personal savings and 401(k) retirement plans to Montoya and the RMA Fund. Montoya told the investors that he would invest their money in stocks and bonds, but he actually invested only a portion of their money, while diverting the rest—totaling millions of dollars—to business and personal bank accounts. Montoya used the diverted money for personal expenses such as luxury vehicles.
The government pursued forfeiture of a number of Montoya’s assets, including seized currency and bank accounts, jewelry, a Ferrari, Lamborghini, Rolls Royce and other vehicles. Of the funds obtained from the forfeited assets, $229,882 was approved by the Department of Justice’s Money Laundering and Asset Recovery Section to be applied to restitution. These funds will be distributed to victims pursuant to the Amended Judgment entered in this case. Previously, the government recovered over $9 million which has already been turned over for victim restitution. The U.S. Attorney’s Office will continue to pursue assets to compensate Montoya’s numerous victims.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Carol E. Head, Chief of Mendell’s Asset Recovery Unit, handled the forfeiture aspects of these cases. Assistant U.S. Attorney Leslie A. Wright of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the Park case. Assistant U.S. Attorney Neil J. Gallagher Jr. of Mendell’s Criminal Division prosecuted the Montoya case.
Rapid City Man Indicted for Second Degree MurderRead the Press Release
United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Second Degree Murder.
Perry Joseph Fogg, age 23, was indicted on December 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life 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.
The Indictment alleges that on July 19, 2021, in Mellette County, South Dakota, Fogg killed a man by striking him with a vehicle.
The charge is merely an accusation and Fogg is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Fogg was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Pierre Man Indicted on Firearm ChargeRead the Press Release
United States Attorney Dennis Holmes announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Possession of a Firearm by a Prohibited Person.
Travis Rolf, age 43, was indicted on December 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on December 28, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to ten years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 4, 2020, in Dewey County, South Dakota, Rolf, being an unlawful user of a controlled substance, did knowingly possess a firearm.
The charge is merely an accusation and Rolf is presumed innocent until and unless proven guilty.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation is being conducted by the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Rolf was released on bond pending trial. A trial date has been set for March 1, 2022.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Dec. 28 was:
Thomas James Newman, 60, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Newman faces a maximum of 10 years in prison, $250,000 fine and three years of supervised release. Newman was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-110.
Matthew Michael Metzger, 41, of Laurel, on charges of conspiracy to possess with intent to distribute controlled substances and possession with intent to distribute controlled substances. If convicted of the most serious crime, Metzger faces a mandatory minimum five years to 40 years in prison, a $5 million fine and at least four years of supervised release. Metzger was detained pending further proceedings. The FBI’s Western Transnational Organized Crime Task Force and the Eastern Montana High Intensity Drug Trafficking Area Task Force investigated the case. PACER case reference. 21-116.
Daniel James Garza, 31, a transient, on charges of bank fraud, aggravated identity theft and receipt of a firearm by person under indictment. If convicted of the most serious crime, Garza faces a maximum 30 years in prison, a $250,000 fine and five years of supervised release on the bank fraud charge and a mandatory minimum two years in prison consecutive to any other sentence, a $250,000 fine and three years of supervised release on the aggravated identity theft count. Garza was detained pending further proceedings. The Billings Police Department and Homeland Security Investigations investigated the case. PACER case reference. 21-88.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Federal corrections officer and inmates charged with bribery, smuggling, and drug conspiracyRead the Press Release
ATLANTA - Patrick Shackelford, a federal corrections officer at U.S. Penitentiary Atlanta (“USP Atlanta”), and Patrick Kirkman and Mitchell Arms, both federal inmates, have been arraigned on federal bribery, smuggling, and drug charges arising from an alleged scheme to smuggle narcotics and other contraband into USP Atlanta between approximately June 2018 and February 2019.
“Shackelford allegedly endangered his fellow officers and other inmates through his actions,” said U.S. Attorney Kurt R. Erskine. “When correction officers violate their oaths, they put other prison staff members and inmates at risk of harm.”
“The alleged actions of Shackelford not only fosters criminal activity inside and outside of the prison, but it also insults the integrity of every law enforcement officer who takes an oath to serve and protect the people in their communities,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI will relentlessly pursue any allegations of corruption in these facilities to ensure the safety of both staff and inmates.”
“Shackelford and two inmates allegedly smuggled and distributed drugs and other dangerous contraband in USP Atlanta. As a correctional officer, Shackelford’s duty was to maintain safety and security in the prison. His actions, as alleged in the indictment, were antithetical to the oath he swore to uphold,” said James F. Boyersmith, Special Agent in Charge of the Department of Justice Office of the Inspector General Miami Field Office.
According to U.S. Attorney Erskine, the charges, and other information presented in court: From approximately June 2018 through February 2019, Patrick Shackelford, Patrick Kirkman, Mitchell Arms, and others, allegedly conspired to smuggle narcotics, including methamphetamine and marijuana, along with other prohibited items into USP Atlanta, a medium-security federal prison.
During this time, Shackelford was a federal corrections officer and plumbing supervisor at USP Atlanta. With Shackelford’s knowledge and assistance, inmates working under his direction on the “plumbing crew” (identified as Individual-1 and Individual-2 in the Indictment) were allegedly able to smuggle contraband into USP Atlanta from a visitor’s bathroom through a section of USP Atlanta known as “W-ward.”
Shackelford and inmates working for him allegedly created several holes in W-ward and in the visitor’s bathroom through which contraband could be passed into USP Atlanta. Shackelford allegedly helped facilitate the distribution of narcotics and other contraband in USP Atlanta by escorting inmates to W-ward to pick up the contraband on nearly a weekly basis.
Shackelford further helped the inmates by allowing them to store contraband within the maintenance office, including hiding it in the ceiling above his office. In exchange for permitting inmates on the plumbing crew to smuggle in contraband and distribute it to other inmates, Shackelford allegedly received $5,000 in cash and pain pills, and inmates completed his assigned plumbing duties and other work.
Kirkman and Arms were among the inmates at USP Atlanta allegedly receiving the contraband, including narcotics, through this scheme. While the operation was ongoing, Kirkman paid Individual-1 thousands of dollars via a mobile payment app (Cash App) to smuggle in the contraband. Arms also communicated via text message with Individual-1 about the “packages” that were being smuggled through the visitor’s bathroom into USP Atlanta.
Patrick Shackelford, 47, of Senoia, Georgia, Patrick Kirkman, 35, of Tuscaloosa, Alabama,, and Mitchell Arms, 41, of Columbia, Tennessee, were arraigned before U.S Magistrate Judge Justin S. Anand, on December 16, 2021, on a nine-count indictment charging them with bribery; possessing and smuggling of prohibited objects into a federal prison, including cellular phones, marijuana and methamphetamine; conspiracy to commit bribery; conspiracy to possess and smuggle prohibited objects into a federal prison; and conspiracy to possess with intent to distribute controlled substances. They were indicted by a federal grand jury on November 16, 2021.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges, and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation and Department of Justice, Office of Inspector General.
Assistant U.S. Attorney Alex R. Sistla is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Department of Justice Awards Additional $11.8 Million in Grants to Support Public Safety Efforts in NevadaRead the Press Release
LAS VEGAS – Acting U.S. Attorney Christopher Chiou for the District of Nevada announced today that the Department of Justice has awarded an additional $11,884,392 in grant funding to support public safety efforts across the Silver State. In total, the Department has awarded $33,881,859 to various Nevada entities since September.
“Our office and our state and local partners are grateful to the Department of Justice for continuing to provide resources to better serve our communities,” said Acting U.S. Attorney Chiou. “We appreciate the commitment demonstrated by the Office of Justice Programs and Office of Community Oriented Policing Services to protecting public safety in Nevada.”
From October through December, Nevada entities were awarded the following grants from the Office of Justice Programs (OJP) and its components:
- Office of Juvenile Justice Delinquency Prevention:
- The Las Vegas Metropolitan Police Department was awarded $385,854, as part of the Internet Crimes Against Children Task Forces.
- Bureau of Justice Assistance:
- The City of Winnemucca was awarded $75,749, as part of the Rural Violent Crime Reduction Initiative for Law Enforcement Agencies.
- The Division of Child & Family Services was awarded $172,939, as part of the Implementing the PREA Standards, Protecting Inmates, and Safeguarding Communities.
- The Las Vegas Metropolitan Police Department was awarded $933,421, as part of the DNA Capacity Enhancement for Backlog Reduction Program; and $249,580, as part of the Paul Coverdell Forensic Science Improvement Grants Program.
- Washoe County was awarded $200,000, as part of the DNA Capacity Enhancement for Backlog Reduction Program.
- The City of Henderson was awarded $250,000, as part of the Paul Coverdell Forensic Science Improvement Grants Program.
- The Nevada Department of Public Safety was awarded $296,966, as part of the Paul Coverdell Forensic Science Improvement Grants Program; and $201,426, as part of Project Safe Neighborhoods.
- Nevada Department of Corrections was awarded $500,000, as part of the Continuation of BJA Previously Funded Awards.
- The City of North Las Vegas was awarded $549,003, as part of the Adult Drug Court and Veterans Treatment Court Discretionary Grant Program.
- The National Judicial College was awarded $1,000,000, as part of the Continuation of BJA Previously Funded Awards.
- The Nevada Office of the Attorney General was awarded $5,751,772, as part of the Comprehensive Opioid, Stimulant, and Substance Abuse Site-Based Program.
- National Institute of Justice:
- The Board of Regents Nevada System of Higher Education was awarded $567,682, as part of research and development in forensic science for criminal justice purposes.
Further, Nevada entities have been awarded the following grants from the Office of Community Oriented Policing Services (COPS Office):
- The Nevada System of Higher Education was awarded $125,000, as part of the COPS Hiring Program.
- The Pyramid Lake Paiute Tribe was awarded $125,000, as part of the COPS Hiring Program.
- The City of Sparks was awarded $500,000, as part of the COPS Hiring Program.
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OJP provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found here.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products, and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. More information about the COPS Office can be found here.
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- Office of Juvenile Justice Delinquency Prevention:
Crownpoint man sentenced to eight years in prison for abusive sexual contact of a minor in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Emerson Pinto, 58, of Crownpoint, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Dec. 29 in federal court to eight years and one month in prison based on convictions for two counts of abusive sexual contact of a minor in Indian Country.
Pinto pleaded guilty on Aug. 11. In his plea agreement, he admitted that between Sept. 1, 2009, and Oct. 31, 2009, he knowingly engaged in unlawful sexual contact with two young victims, both of whom were under the age of 12 at the time of the offenses. Pinto admitted to touching the girls for sexual gratification during a visit to the victims’ home on the Navajo Nation in McKinley County, New Mexico.
Upon his release from prison, Pinto will be subject to five years of supervised release and must register as a sex offender.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case. Assistant U.S. Attorney Novaline D. Wilson prosecuted the case.
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Cleveland Postal Service Manager Sentenced to Prison for Stealing Packages Containing DrugsRead the Press Release
U.S. Attorney Bridget M. Brennan announced that Anthony Sharp, 31, of Euclid, Ohio, was sentenced on Wednesday, December 29, 2021, by Judge Donald C. Nugent to 10 years in prison after Sharp admitted to stealing packages from the U.S. Mail that he suspected contained drugs.
Sharp pleaded guilty in August of 2021 to conspiracy to distribute controlled substances, possession with the intent to distribute controlled substances, money laundering and theft of mail.
According to court documents, the U.S. Postal Service Office of Inspector General (USPS OIG) began an investigation into Sharp, a Cleveland Postal Service Manager, based on suspicion that Sharp was profiling U.S. Mail suspected to contain cocaine, fentanyl and methamphetamine and stealing the packages.
In July of 2021, USPS OIG special agents and postal inspectors observed Sharp arrive at a Cleveland Postal Service processing facility to help sort Express Mail. Sharp was then observed removing three packages from the mail stream and placing them in a hamper to be transported to his facility. Once the Express Mail was sorted, Sharp was observed loading all the Express Mail for his facility, including the three packages suspected of containing drugs, into his vehicle.
Sharp was then observed leaving the facility, opening several parcels and arriving at the postal facility that he managed. Later, Sharp left the facility and was detained during a traffic stop. A search of his vehicle produced the three packages which were opened and contained methamphetamine, cocaine and fentanyl. Law enforcement officers also observed additional Express and Priority Mail parcels opened in the trunk of the vehicle.
This case was investigated by the U.S. Postal Service Office of Inspector General and U.S. Postal Inspection Service. This case was prosecuted by Assistant U.S. Attorneys Margaret Sweeney and Kathryn Andrachik.