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Thursday 23 December 2021
Department of Justice Awards More Than $125 Million in Grants Under the Stop School Violence ActRead the Press Release
SAN FRANCISCO –The Department of Justice today announced nearly $126 million in funding to advance school safety under the STOP School Violence Act. The grants, awarded by the Office of Justice Programs’ Bureau of Justice Assistance (BJA) and the department’s Office of Community Oriented Policing Services (COPS Office), will help institute safety measures in and around primary and secondary schools, support school violence prevention efforts, provide training to school personnel and students, and implement evidence-based threat assessments.
“The Justice Department has no greater responsibility than protecting Americans from harm,” said Attorney General Merrick B. Garland. “Schools must be safe places to learn, and today’s investment of more than $125 million under the STOP School Violence Act will help ensure that they are.”
The Students, Teachers and Officers Preventing School Violence Act of 2018 (the “STOP School Violence Act”) gives the Justice Department the authority to provide awards directly to states, units of local government, Indian tribes, and public agencies (such as school districts and law enforcement agencies) to improve security at schools and on school grounds through evidence-based school safety programs. It also provides grants to ensure a positive school climate by helping students and teachers recognize, respond quickly to, and help prevent acts of violence.
The 78 BJA annual awards, totaling almost $74 million, are intended to support training and education for school personnel and students on preventing violence against others and themselves, including anti-bullying training and specialized training for school officials to respond to mental health crises. Funds also help develop and implement multidisciplinary threat assessment or intervention teams and design technology solutions such as anonymous reporting systems, hotlines and websites.
The COPS School Violence Prevention Program (SVPP) provides up to 75% of the funding for school safety measures in and around primary and secondary schools. The 153 SVPP awards, totaling almost $52 million, are statutorily obligated to be used for coordination with law enforcement; training for local law enforcement officers to prevent student violence; locks, lighting and other deterrent measures; technology for expedited notification of local law enforcement during an emergency; and other measures that provide a significant improvement in security.
The full list of SVPP awards can be found here: https://cops.usdoj.gov/svpp-award.
A list of BJA awards, as they are made, can be found on the OJP Grant Awards page.
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 agency 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. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 135,000 officers.
The Office of Justice Programs 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 at www.ojp.gov.
Denver Man Sentenced to Federal Prison for Role in Drug ConspiracyRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Omar Rivas-Saenz, age 31, of Denver, was sentenced to 176 months in federal prison for conspiracy to distribute and possess with intent to distribute methamphetamine, fentanyl, and heroin.
According to the plea agreement and court filings, from May 2019 until September 2019, Rivas-Saenz worked for a drug trafficking organization that engaged in the interstate transportation and local distribution of large quantities of illegal drugs sourced from Mexico. On May 16, 2019, state authorities arrested the defendant after finding him with roughly seven pounds of methamphetamine, as well as over $6,000 in cash. State authorities found several firearms in his house, including one with a defaced serial number, as well as $3,000 in cash, 67 grams of heroin, and 400 fentanyl pills.
The defendant failed to appear for scheduled state court hearings and, six days after his arrest, he delivered a pound of 98% pure methamphetamine to a confidential informant. He then assisted in the coordination of the distribution of 10 pounds of methamphetamine and participated in the redistribution of 46 and 50-pound loads of methamphetamine
On September 12, 2019, Immigration and Customs Enforcement officials attempted to arrest the defendant on a federal warrant. The defendant’s vehicle collided with police vehicles and the defendant fled on foot, leading officers on a chase through a residential area until he was finally taken into custody.
“Armed drug dealers who run from law enforcement create a particularly dangerous threat to the safety of our communities,” said United States Attorney Cole Finegan. “Our office is working with law enforcement partners to make Colorado a safer place by prosecuting these dangerous criminals.”
“Through the collaboration on the Denver Strike Force, the FBI and our federal, state, and local partners dismantle transnational criminal enterprises involved in drug trafficking and money laundering within our communities,” said FBI Special Agent in Charge Michael Schneider. “The tireless efforts of law enforcement and the sentence given to Omar Rivas-Saenz reflect the determination with which we are combating and deterring the distribution of illegal narcotics, and it also ensures that Rivas-Saenz no longer poses a threat to our community.”
“This is someone that posed a blatant threat through his membership in a transnational crime organization,” said Ryan Spradlin, Special Agent in Charge of HSI Denver. “HSI will continue to work with all of our law enforcement partners to prevent criminals and the organizations they represent from flooding our communities with illicit narcotics and weapons.”
“As a result of the concerted effort of the law enforcement community and the U.S. Attorney’s Office, this defendant was successfully brought to justice,” said DEA Denver Acting Special Agent in Charge David Olesky. “Methamphetamine, fentanyl, and heroin continue to pose a public health threat to our community, and the results of this investigation demonstrate that the DEA, in collaboration with all of our partners, will continue to pursue those individuals most responsible for trafficking these dangerous drugs which have contributed to the current national overdose epidemic across our country.”
“This sentencing emphasizes IRS-Criminal Investigation’s determination, in partnership with our fellow law enforcement agencies, to aggressively pursue those who attempt to distribute drugs in Colorado,” said Andy Tsui, IRS-CI Denver Field Office Special Agent in Charge. “We will continue to be relentless in our mission to dismantle drug trafficking organizations and bring the criminals who participate in them to justice.”
United States District Court Judge Raymond Moore sentenced Rivas-Saenz on December 17, 2021.
Agents and deputies assigned to the Strike Force from the FBI, ICE ERO, HSI, IRS-CI, and the Douglas County Sheriff’s Office conducted the investigation and were assisted by officers and deputies from the Colorado State Patrol and the Arapahoe County Sheriff’s Office. The Denver Police Department conducted the initial arrest of the defendant, and the Drug Enforcement Administration aided in the defendant’s apprehension on federal charges. Assistant United States Attorneys Cyrus Chung and Kelly Churnet handled the prosecution of the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Case number: 20-cr-0028-RM-16
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Defendant Returned by Egypt to the United States to Face Charges for Alleged Scheme to Defraud the Kuwaiti EmbassyRead the Press Release
Yesterday, the U.S. District Court for the District of Columbia unsealed the indictment of a man who was returned from Egypt to the United States on Dec. 14 to face fraud and money laundering charges.
According to court documents and statements made during his initial appearance, Ahmed El Khebki, 62, a naturalized U.S. citizen originally from Egypt and Sudan, was returned to the United States by Egyptian authorities. According to court filings, El Khebki and his co-conspirators carried out a scheme to defraud the Kuwaiti Embassy Health Office in Washington, D.C., which arranged and paid for services provided by U.S. medical providers to Kuwaiti citizens who traveled to the United States for medical care. El Khebki and his co-conspirators submitted fraudulent invoices to the Kuwait Embassy Health Office, where other members of the conspiracy signed checks drawn off the Health Office’s U.S. bank account made payable to shell companies created as part of the scheme. In 2014, El Khebki fled the United States. In 2016, two former employees of the Health Office pleaded guilty in the U.S. District Court for the District of Columbia to conspiring with El Khebki and others to launder money embezzled from the Health Office.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Ray Villanueva of Homeland Security Investigations (HSI) Washington, D.C. made the announcement.
The Department of Justice and the Department of Homeland Security thanked Interpol and Egyptian authorities for their assistance in apprehending El Khebki and returning him to the United States. The U.S. Department of State’s Diplomatic Security Service also provided significant assistance.
HSI Washington, D.C. is investigating this case.
Senior Trial Attorney Jonathan T. Baum and Trial Attorney Shai D. Bronshtein of the Criminal Division’s Money Laundering and Asset Recovery Section are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Albuquerque man facing federal firearms chargeRead the Press Release
ALBUQUERQUE, N.M. – Shiloh Y. McLemore, 42, of Albuquerque, New Mexico, appeared in federal court for a preliminary and detention hearing on Dec. 17 where he was charged with being a felon in possession of a firearm and ammunition. A federal grand jury indicted McLemore on Dec. 8.
According to the indictment, on Aug. 23, McLemore was found in possession of 25 firearms and various types of ammunition in Bernalillo County, New Mexico. McLemore was convicted in 2016 for assault with a dangerous weapon in Indian Country. As a convicted felon, McLemore cannot legally possess a firearm or ammunition.
A complaint is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, McLemore faces up to life in prison and a minimum of 15 years if he is found to be an armed career criminal.
The FBI and U.S. Probation and Pretrial Services investigated this case. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
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Wednesday 22 December 2021
York Drug Trafficker Sentenced to 20 Years in PrisonRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Lamar Johnson, age 34, of York, was sentenced on December 20, 2021, to 20 years in prison by U.S. District Court Judge Christopher C. Conner for trafficking kilos of cocaine and heroin laced with fentanyl.
According to United States Attorney John C. Gurganus, the investigation began with an overdose death in the City of York on December 2, 2017. Investigators identified the victim’s drug source as Johnson. They further determined that Luis Minier, a/k/a “Cito” and Brandon Orr, a/k/a “B Orr”, were bringing kilogram quantities of heroin and cocaine into York on a weekly basis from September 2017 until December 2017. Police arrested and seized over 700 grams of heroin and a kilogram of cocaine during police searches in December 2017.
Johnson’s coconspirators were sentenced to the following:
- Luis Minier, a/k/a “Cito,” age 29, of York, entered a guilty plea to drug trafficking and was sentenced to 10 years in prison;
- Javiel Snellings, age 28, of York entered a guilty plea to drug trafficking and was sentenced to two years of probation; and
- Brandon Orr entered a guilty plea to drug trafficking and was sentenced to 18 ½ years in prison.
The case was investigated by the Capitol Safe Streets Task Force, which included representatives of the Federal Bureau of Investigation, the Pennsylvania State Police, the York County Drug Task Force, and Springettsbury Township Police. The case is being prosecuted by Assistant U.S. Attorney Michael A. Consiglio.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent
crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Woman Pleads Guilty to Interfering with a Southwest Airlines Flight AttendantRead the Press Release
Assistant U. S. Attorneys Jaclyn Stahl (619) 546-8456 and Megan Rossi (619) 546-9661
NEWS RELEASE SUMMARY – December 22, 2021
SAN DIEGO – Vyvianna M. Quinonez, a Sacramento resident, pleaded guilty in federal court today to interfering with a Southwest Airlines flight attendant.
According to admissions in her plea agreement, on May 23, 2021, Quinonez boarded Southwest Airlines Flight 700 from Sacramento International Airport to San Diego International Airport. During the flight’s final descent, Quinonez was not wearing her facemask properly, unbuckled her seat belt, and pulled down her tray table—all in violation of federal rules and regulations.
A flight attendant approached Quinonez and requested that she fasten her seat belt, stow her tray table, and wear her facemask properly. The plea agreement states that Quinonez began filming the flight attendant on her cellphone, and that she pushed the flight attendant. Around this time, another passenger began filming the interaction on her cellphone.
Quinonez admitted that she stood up and assaulted the flight attendant by punching her in the face and head with a closed fist and grabbing her hair. Several other passengers attempted to stop Quinonez by grabbing at her clothing and arms. A male passenger sitting nearby jumped in between Quinonez and the flight attendant and instructed Quinonez to sit down.
The plea agreement states that, as a result of being assaulted by Quinonez, the flight attendant was taken to the hospital and sustained several injuries. Three of the flight attendant’s teeth were chipped, resulting in two teeth later being replaced by crowns. The flight attendant’s left eye was bruised and swollen; she sustained a cut under her left eye, requiring three stitches; and she had a bruise in the shape of fingers on her right forearm.
Due to the assault, the flight attendant was not able to perform her normal duties, and the Captain delayed taxiing the airplane to the gate to wait for law enforcement officers to respond.
“The flight attendant who was assaulted was simply doing her job to ensure the safety of all passengers aboard the plane,” said Acting United States Attorney Randy Grossman. “It’s inexcusable for anyone to use violence on an airplane for any reason, particularly toward a flight attendant who is there to keep all the passengers safe. We are not going to tolerate violence or interference with the flight crew, and we will pursue criminal charges against those who break the law.”
Grossman thanked the prosecution team, the FBI, and the San Diego Harbor Police for their excellent work on this case and expressed appreciation to Southwest Airlines, the Transportation Security Administration, and the Federal Aviation Administration for their assistance in this matter.
“The FBI is committed to keeping air travel safe from threats which come in a variety of forms,” said FBI Special Agent in Charge Suzanne Turner. “Assaulting and interfering with flight crews will not be tolerated and the FBI will continue to work with our local, state and federal partners to diligently investigate and prosecute crimes such as these.”
The law enforcement and administrative agencies at the San Diego International Airport have a long-standing history of cooperation in the shared effort to keep travelers safe. To build on these relationships, Acting U.S. Attorney Grossman is working closely with the San Diego District Attorney’s Office, FBI, San Diego Harbor Police, U.S. Customs and Border Protection, TSA, Carlsbad Police Department, FAA, and the San Diego Regional Airport Authority to ensure the timely reporting and investigation of crimes occurring aboard aircraft and at the airport. Assistant U.S. Attorney Jaclyn Stahl and agents with the FBI are developing training for the airport agency partners and the airlines to ensure the early identification of potential federal crimes, address the unique issues associated with investigating these crimes, and streamline the process for prosecuting these crimes—either at the state or federal level.
Quinonez is scheduled to be sentenced before U.S. District Judge Todd W. Robinson on March 11, 2022, at 9 a.m.
DEFENDANT Case Number 21-CR-2816-TWR
Vyvianna M. Quinonez Age: 28 Sacramento, CA
SUMMARY OF CHARGES
Interference with Flight Crew Members and Attendants – Title 49, U.S.C., 46504
Maximum penalty: Twenty years in prison and $250,000 fine
INVESTIGATING AGENCIES
Federal Bureau of Investigation
San Diego Harbor Police
Transportation Security Administration
Federal Aviation Administration
U.S. Attorney’s Office Settles Disability Discrimination Complaint with Skilled Nursing FacilityRead the Press Release
BOSTON – The U.S. Attorney’s Office and the U.S. Department of Health and Human Services’ Office for Civil Rights reached an agreement today with The Oaks, a skilled nursing facility in New Bedford, to resolve an allegation that the facility denied admission to individuals being treated with medications for Opioid Use Disorder (OUD) in violation of the Americans with Disabilities Act (ADA).
“Opioid Use Disorder is a recognized disability under the ADA, and providers who fail to treat it as such operate outside the law,” said Acting United States Attorney Nathaniel R. Mendell. “This settlement is the latest demonstration of our unending commitment to vindicate the rights of disabled people – and it will not be the last.”
“Health care providers should not base decisions about patients with Opioid Use Disorder on stereotypes or misconceptions about their disability. People with OUD do not lose their civil rights because they are prescribed certain medications and OCR is committed to ensuring that people with OUD do not face discrimination in health care settings or other areas of life,” said Lisa J. Pino, Director of the U.S. Department of Health and Human Services, Office for Civil Rights.
The complaint alleges that in February 2019, a hospital requested an available bed for a patient in need of skilled nursing services. The Oaks responded saying it could not accept the individual because he was prescribed Suboxone (buprenorphine and naloxone), a medication to treat OUD. The complaint prompted investigation – pursuant to the ADA, Section 504 of the Rehabilitation Act of 1973, and the Patient Protection and Affordable Care Act – into The Oaks’ practice of denying admission to individuals who take medication prescribed to treat OUD. Individuals receiving treatment for OUD are generally considered disabled under federal civil rights laws, which prohibits private healthcare providers from discriminating on the basis of disability.
Under the terms of the agreement, The Oaks will, among other things, adopt a non-discrimination policy, revise its admissions policy and provide training to its admissions staff. The Oaks will also pay the United States a $5,000 civil penalty.
Since May 2018, the U.S. Attorney’s Office has settled with nine healthcare providers to resolve ADA violations related to OUD treatment.
Acting U.S. Attorney Mendell and HHS OCR Director Pino made the announcement today. Assistant U.S. Attorney Gregory Dorchak of Mendell’s Civil Rights Unit handled the matter.
U.S. Attorney Easley Announces More Than $1 Million Comprehensive Opioid, Stimulant, and Substance Abuse Site-Based Program GrantRead the Press Release
RALEIGH, N.C. – U.S. Attorney Michael F. Easley, Jr. today announced $1,199,747 in a Department of Justice grant was awarded to the Wake County Sheriff’s Office’s Opioid Abuse Management Program. The grant was awarded by the Department’s Bureau of Justice Assistance.
Though the effects of the current global pandemic have been felt here locally, the community has been fighting another deadly epidemic for many years now. Opioids are devastating lives in North Carolina. Per the North Carolina Injury and Violence Prevention Branch, an estimated 79% of drug overdose deaths involved opioids in 2018; for a total of 1,783 fatalities. In 2019, an average of 6 people died daily from medication in North Carolina, an increase of 120% over the last ten years. As unintentional overdoses continued to rise, The Wake County Sheriff's Office (WCSO) proposed its Opioid Abuse Management Program to protect the public against the emerging threat of overdoses and to reduce the number of opioid related fatalities in Wake County.
By implementing the Opioid Abuse Management Program, WCSO intends to use awarded funds to purchase enough Naloxone to fully supply each division of deputies with the reversal drug, as well as handheld narcotics analyzers. These handheld narcotics analyzers will allow WCSO to reduce the impact of opioids on individuals and communities by enabling deputies to scan for more than 498 suspected controlled substances in a single test. In efforts to combat the horrific opioid dependency problem among residents, the grant will also fund a WCSO detox unit to assist with the effects of withdraw for residents.
In addition to other initiatives, WCSO will also implement a partnership with a behavioral health clinic and treatment provider to expand their comprehensive efforts to respond to, treat, and support those impacted by illicit opioids, stimulants, and other drugs of abuse.
More information about OJP and its components can be found at www.ojp.gov.
U.S. Attorney Easley Announces $1 Million to Prevent School Violence in North CarolinaRead the Press Release
RALEIGH, N.C. – U.S. Attorney Michael F. Easley, Jr. today announced $1,000,000 in a Department of Justice grant to prevent school violence from occurring at schools in North Carolina. The grant was awarded by the Department’s Office of Justice Programs (OJP) to Robeson County Teen Court and Youth Services in Lumberton, North Carolina. The grant is part of the Department of Justice’s STOP School Violence Program.
STOP School Violence, a program of OJP’s Bureau of Justice Assistance, improves school security by providing students and teachers with the tools they need to recognize, respond quickly to and help prevent acts of violence. In addition to STOP School Violence Act funding, OJP’s National Institute of Justice is investing in research on school violence.
The goal of the program is to provide trauma-focused, evidence-based training and consultation to address youth mental health issues, bullying, and victimization across the state. The training and consultation will be provided using the Youth Mental Health First Aid (YMHFA) program to increase awareness of, and early intervention in, student mental health crises. The training will be facilitated online to break down geographic and transportation issues. The knowledge and skills gained will guide new behaviors in an effort to lower the risk of future violence.
“School violence is a serious problem, and we need to do everything we can to protect our children and those who educate them”, said Mr. Easley. “These essential funds will aid attempts to get to the root cause of that violence and improve the mental health of our students.”
More information about Robeson County Teen Court and Youth Services can be found at https://preventyouthviolencenc.org/
More information about OJP and its components can be found at www.ojp.gov.
Two Queens Men Charged for Large-Scale Distribution of Synthetic Cannabinoids Through Multiple WebsitesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, Ricky Patel, the Acting Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), Philip R. Bartlett, Inspector-in-Charge of the New York Office of the United States Postal Inspection Service (“USPIS”), Frank Russo, Director, Field Operations, New York, U.S. Customs and Border Protection (“CBP”), and Dermot Shea, Commissioner of the New York City Police Department (“NYPD”), announced the unsealing of a Superseding Indictment charging VICTOR ALMONTE and MICHAEL ESPOSITO with conspiracy to distribute and possess with intent to distribute synthetic cannabinoids and to distribute controlled substances using the internet. The case, in which four other individuals previously were charged and arrested, is assigned to United States District Judge J. Paul Oetken.
ALMONTE and ESPOSITO were arrested this morning and will be presented later today in Manhattan federal court before United States Magistrate Judge Katharine H. Parker.
U.S. Attorney Damian Williams said: “Trafficking of synthetic cannabinoids – sometimes called K2 or Spice – poses a serious threat to public health and safety. Packaged attractively to appeal to teenagers and young adults, synthetic cannabinoids are in reality toxic concoctions that can be very dangerous to consume. As alleged, the defendants used websites they operated to distribute massive quantities of synthetic cannabinoids throughout the United States. Thanks to our law enforcement partners, the defendants have been arrested and their dangerous business has been dismantled.”
HSI Acting Special Agent-in-Charge Ricky Patel said: “As alleged in the indictment, the defendants purported to sell potpourri and herbs but were instead peddling mass amounts of dangerous synthetic cannabinoids to the public. What made these offenses even more egregious were that the defendants allegedly continued to engage in these illegal activities after the arrest of four co-conspirators involved in the scheme, which displayed a blatant disregard for the rule of law – that will not be tolerated. HSI, in conjunction with its partners, will stand together and bring to justice malicious actors that use the internet to poison the public and put the health and safety of their customers at risk, just to turn a profit.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “Today’s indictment of Almonte and Esposito is an example of the commitment of Postal Inspectors and their law enforcement partners to keep the streets safe from illegal drugs, while preventing criminal misuse of the mail.”
CBP New York Field Operations Director Frank Russo said: “U.S. Customs and Border Protection is proud of the expertise we provide in support of investigations that result in the takedown of criminal enterprises. Today’s arrest is an example of CBP’s interagency partnerships and collaborative efforts to detect, disrupt, and deter transnational criminal organizations.”
According to the allegations in the Indictment and the Superseding Indictment,[1] and other court filings:
From February 2019 until May 2021, Niaz Khan, Noel Sanabria, Andre Gomes, Patrick Patterson, VICTOR ALMONTE, and MICHAEL ESPOSITO (the “Defendants”) operated a scheme to distribute massive quantities of smokeable synthetic cannabinoids (“SSC”), colloquially referred to as “K2” or “Spice,” containing controlled substances and/or a controlled substance analogue, throughout the United States.
The Defendants sold SSC through at least four different websites that they operated, namely K2HerbStore.com, HerbalPlug.com, LegalAromaTherapy.com, and LegalHerbalSmack.com (collectively, the “Websites”). The SSC the defendants sold through the Websites included dried, shredded plant material onto which synthetic cannabinoid chemicals had been sprayed. The SSC distributed by the scheme was branded with colorful graphics and distinctive names, including “Train Wrecked,” “Scooby Snax Kush,” “Bizarro,” “AK 47,” “Hi5 Triple X,” “Evil Santa,” “Krazy Turkey,” “Sexy Monkey,” “W.T.F.,” and “COVID-19 Coronavirus Limited Edition.”
In an effort to conceal their criminal activity and advertise their illegal products, the Defendants used names for certain of the Websites that falsely represented that their SSC products were “legal.” The defendants also sometimes misleadingly described their SSC products publicly as “not for human consumption,” “potpourri,” “herbal incense,” and “legal aroma therapy,” when, in fact, the defendants intended that the SSC would be consumed by drug users and they knew that their conduct was unlawful.
On May 20, 2021, Khan, Sanabria, Gomes, and Patterson were arrested in connection with the charges contained in the Indictment. Notwithstanding those arrests and the unsealing of the Indictment, ALMONTE and ESPOSITO continued to perpetrate the SSC distribution scheme until in or about December 2021.
Over the course of the scheme, the Defendants shipped thousands of packages of SSC through the United States mail from the Bronx, New York, to customers in all 50 states and the District of Columbia, which contained a total of hundreds of kilograms of SSC. The defendants earned more than approximately $1 million from their illegal marketing and sale of SSC during the course of the scheme.
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ALMONTE, 42, and ESPOSITO, 29, both of Queens, New York, are each charged with conspiracy to distribute and possess with intent to distribute controlled substances and a controlled substance analogue, and to distribute controlled substances using the internet, which carries a maximum sentence of 20 years. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Williams praised the outstanding investigative work of the NYPD, HSI, USPIS, and the New York Office of U.S. Customs and Border Protection. The long-term investigation of this case was partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (“HIDTA”), a federal grant program that invests in law enforcement partnerships to build safe and healthy communities.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Rebecca T. Dell and Robert B. Sobelman are in charge of the prosecution.
The charges contained in the Indictment and the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the Superseding Indictment, and the description of the Indictment and the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Texan resentenced following terrorism conviction and appealRead the Press Release
HOUSTON – The 27-year-old Spring man convicted of providing material support to a designated foreign terrorist organization has been ordered to prison for 12 years following reversal of original sentence, announced Acting U.S. Attorney Jennifer B. Lowery.
Asher Abid Khan pleaded guilty Dec. 4, 2017, to providing material support to the Islamic State of Iraq and the Levant (ISIL) aka ISIS (the Islamic State of Iraq and al-Sham).
On June 25, 2018, U.S. District Judge Lynn H. Hughes downwardly departed from the U.S. Sentencing Guidelines and ordered Khan to serve a total of 18 months in prison. Following an appeal, the court resentenced him Dec. 23, 2019, again to serve the 18-month term of imprisonment. The government then again appealed to the U.S. Court of Appeals for the 5th Circuit, arguing the sentence was not reasonable for the severity of the offense committed.
That court granted to government’s appeal and ordered the judgment reversed and vacated, and the matter reassigned.
Today, U.S. District Judge Charles R. Eskridge sentenced Khan to 144 months in federal prison to be immediately followed by 15 years of supervised release. At the hearing, the court noted the strong condemnation by Congress regarding this conduct and that a young man died.
“Attempting to travel to wage violent jihad on behalf of ISIS is a serious act which deserves vigorous prosecution,” said Lowery. “The sentence imposed today accurately reflects the gravity of the crime for which Khan was convicted. We, along with the FBI’s Joint Terrorism Task Force, National Security Division and other partners, will continue to work to disrupt those trying to support foreign terrorist organizations here or abroad.”
“This outcome marks the culmination of a lengthy counterterrorism investigation highlighting FBI Houston’s steadfast dedication to our mission to fight all forms of terrorism,” said Acting Special Agent in Charge Richard A. Collodi of the FBI. “Khan pleaded guilty to material support of terrorism for recruiting and facilitating the travel of others to fight and die for ISIS overseas. Today’s sentence provides justice for Khan’s actions.”
The investigation began in 2014 when Khan and his friend, who was living in South Texas, devised a plan to travel to Turkey and then to Syria for the purpose of fighting on behalf of ISIS. Khan had been living with a relative in Australia. Prior to leaving for Turkey from there, Khan told Mohamed Zuhbi, a Turkish-based foreign terrorist fighter facilitator, that he wanted to join ISIS.
Khan provided instructions to his friend on travel and how to reach him once Khan arrived in Turkey. During this part of the planning phase, it was Khan - not his friend - who was in touch with Zuhbi. On Feb. 24, 2014, Khan and his friend met in Istanbul, Turkey. At that time, Khan gave his South Texas friend money, knowing he intended to travel to Syria and join and fight with ISIS.
Khan then departed from the Istanbul Airport in Turkey and returned to the United States after his family tricked him into coming home to Houston because of an alleged hospitalization of his mother.
As soon as Khan returned to the United States, he contacted Zuhbi with the purpose of introducing him to his friend so he could enter Syria and join ISIS as a fighter with Zuhbi’s help. Khan then provided to his friend a Turkish cell phone number for reaching Zuhbi. The following day, Khan’s friend sent an electronic message to Khan indicating he had “been delivered :),” by Zuhbi, but that he was not with ISIS yet. Over the next few months, the friend attended fighter training camps and stayed in touch with Zuhbi and Khan. During that time, Khan offered his friend money and instructed him to try to get to ISIS
On Aug. 11, 2014, the friend finally made it to ISIS with Khan and Zuhbi’s assistance. After September 2014, he had ceased all forms of communications. On Dec. 25, 2014, the friend’s mother received an electronic message explaining that her son had died while fighting.
Australian authorities are prosecuting Zuhbi where he is currently being detained.
Khan has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys (AUSA) Carolyn Ferko and Alamdar Hamdani prosecuted the case with assistance of Trial Attorney Rebecca Magnone of NSD’s Counterterrorism Section. NSD Appellate Attorney Danielle Tarin and AUSA Anna Kalluri handled the appeal.
Taylor Energy Company to Pay over $43 Million and Transfer $432 Million Decommissioning Trust Fund to the United States for Gulf of Mexico Oil SpillRead the Press Release
Taylor Energy Company LLC (Taylor Energy), a Louisiana oil and gas company, has agreed to turn over all its remaining assets to the United States upon liquidation to resolve its liability for the oil spill at its former Gulf of Mexico offshore oil production facility — the source of the longest-running oil spill in U.S. history, ongoing since 2004.
Under the proposed consent decree, Taylor Energy will transfer to the Department of the Interior (DOI) a $432 million trust fund dedicated to plugging the subsea oil wells, permanently decommissioning the facility, and remediating contaminated soil. The consent decree further requires Taylor Energy to pay over $43 million for civil penalties, removal costs and natural resource damages (NRD). The State of Louisiana is a co-trustee for natural resources impacted by the spill and the NRD money is a joint recovery by the federal and state trustees.
The United States filed a civil complaint against Taylor Energy in the U.S. District Court in New Orleans on Oct. 23, 2020 — United States v. Taylor Energy Company LLC — seeking removal costs, civil penalties and NRD under the Oil Pollution and Clean Water Acts arising from the discharge of oil from the company’s former oil production facility. Between 2016 and 2020, Taylor Energy filed several lawsuits against the United States, including challenging the Coast Guard’s decision to install a spill containment system and appealing the Coast Guard’s denial of Taylor Energy’s $353 million spill-cost reimbursement claim submitted to the U.S. Oil Spill Liability Trust Fund. The settlement resolves the United States’ environmental enforcement claims against Taylor Energy and requires the company to drop its remaining lawsuits against the United States.
“Offshore operators cannot allow oil to spill into our nation’s waters,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “If an oil spill occurs, the responsible party must cooperate with the government to timely address the problem and pay for the cleanup. Holding offshore operators to account is vital to protecting our environment and ensuring a level industry playing field.”
“Despite being a catalyst for beneficial environmental technological innovation, the damage to our ecosystem caused by this 17-year-old oil spill is unacceptable,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The federal government will hold accountable businesses that violate our Nation’s environmental laws and ensure that any oil and gas company operating within our District meets their professional and legal responsibilities.”
“We are proud of and grateful to the outstanding interagency team of technical and legal experts from the Departments of the Interior and Justice, the U.S. Coast Guard and other agencies who have worked tirelessly for more than a decade to mitigate environmental impacts to the Gulf of Mexico ecosystem, hold the company accountable, and protect the American taxpayer,” said Deputy Secretary of the Interior Tommy Beaudreau.
“For the last three years, the Coast Guard, along with our federal partners, have committed to the challenging mission of containing and removing more than 800,000 gallons of oil discharging into the Gulf of Mexico,” said Captain Will Watson, Sector Commander of the Coast Guard New Orleans. “Containment and removal operations continue to this day. This settlement will provide significant financial resources for the Bureau of Safety and Environmental Enforcement, Bureau of Ocean Energy Management, National Oceanic and Atmospheric Administration (NOAA) and the Coast Guard to permanently secure the wells, protect the marine environment, preserve marine resources and ensure compliance with the Oil Pollution Act of 1990.”
“This settlement represents an important down payment to address impacts from the longest-running oil spill in U.S. history,” said Nicole LeBoeuf, Director of NOAA’s National Ocean Service. “Millions of Americans along the Gulf Coast depend on healthy coastal ecosystems. NOAA and our co-trustees look forward to working in partnership with the National Pollution Funds Center to ensure the region and the ecosystem can recover from this ongoing tragedy.”
Under the settlement, Taylor Energy will pay over $43 million — all of the company’s available remaining assets — allocated as follows: $15 million as a civil penalty, $16.5 million for NRD, and over $12 million for Coast Guard removal costs. Taylor Energy also will transfer to DOI’s Bureau of Ocean and Energy Management (BOEM) $432 million currently held in a trust for decommissioning the Mississippi Canyon (MC)-20 site, and the company will be barred from interfering in any way with the Bureau of Safety and Environmental Enforcement’s (BSEE’s) decommissioning work. Likewise, Taylor Energy may not interfere in any way with the Coast Guard’s oil containment and removal actions. Taylor Energy will turn over to DOI and the Coast Guard all documents (including data, studies, reports, etc.) relating to the site to assist in the decommissioning and response efforts. When Taylor Energy liquidates after court approval of the settlement, it will make a final payment to the United States of the value of its remaining assets.
The settlement also requires the company to dismiss three lawsuits it filed against the United States, including two cases in the Eastern District of Louisiana—Taylor Energy Co. LLC v. Captain Kristi M. Luttrell, in her Official Capacity as Federal On-Scene Coordinator for the MC20 Unified Command and Taylor Energy Co. LLC v. U.S. Department of the Interior — a case pending in the District Court for the District of Columbia, Taylor Energy Co. LLC v. United States.
The spill began in 2004, when a Taylor Energy production platform located in the Gulf of Mexico about 10 miles off the coast of Louisiana collapsed during Hurricane Ivan, resulting in an ongoing oil discharge that continues to this day. Since April 2019, the vast majority of the leaking oil has been successfully captured by a containment system installed and operated by the U.S. Coast Guard through a contractor. Today’s settlement was filed by the Justice Department on behalf of the Coast Guard, DOI and the federal and state trustees for natural resources. The designated federal trustees for the natural resources impacted by Taylor Energy’s oil spill are the U.S. Department of Commerce through the NOAA and DOI through the U.S. Fish and Wildlife Service. The designated state trustees are the Louisiana Oil Spill Coordinator’s Office, Department of Public Safety & Corrections; Louisiana Department of Natural Resources; Louisiana Department of Environmental Quality; Louisiana Department of Wildlife and Fisheries; and the Louisiana Coastal Protection and Restoration Authority.
The settlement was filed as a proposed consent decree and is subject to a 40-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Taylor Energy Company to Pay over $43 Million and Transfer $432 Million Decommissioning Trust Fund to the United States for Gulf of Mexico Oil SpillRead the Press Release
Taylor Energy Company LLC (Taylor Energy), a Louisiana oil and gas company, has agreed to turn over all its remaining assets to the United States upon liquidation to resolve its liability for the oil spill at its former Gulf of Mexico offshore oil production facility — the source of the longest-running oil spill in U.S. history, ongoing since 2004.
Under the proposed consent decree, Taylor Energy will transfer to the Department of the Interior (DOI) a $432 million trust fund dedicated to plugging the subsea oil wells, permanently decommissioning the facility, and remediating contaminated soil. The consent decree further requires Taylor Energy to pay over $43 million for civil penalties, removal costs and natural resource damages (NRD). The State of Louisiana is a co-trustee for natural resources impacted by the spill and the NRD money is a joint recovery by the federal and state trustees.
The United States filed a civil complaint against Taylor Energy in the U.S. District Court in New Orleans on Oct. 23, 2020 — United States v. Taylor Energy Company LLC — seeking removal costs, civil penalties and NRD under the Oil Pollution and Clean Water Acts arising from the discharge of oil from the company’s former oil production facility. Between 2016 and 2020, Taylor Energy filed several lawsuits against the United States, including challenging the Coast Guard’s decision to install a spill containment system and appealing the Coast Guard’s denial of Taylor Energy’s $353 million spill-cost reimbursement claim submitted to the U.S. Oil Spill Liability Trust Fund. The settlement resolves the United States’ environmental enforcement claims against Taylor Energy and requires the company to drop its remaining lawsuits against the United States.
“Offshore operators cannot allow oil to spill into our nation’s waters,” said Assistant Attorney General Todd Kim for the Justice Department’s Environment and Natural Resources Division. “If an oil spill occurs, the responsible party must cooperate with the government to timely address the problem and pay for the cleanup. Holding offshore operators to account is vital to protecting our environment and ensuring a level industry playing field.”
“Despite being a catalyst for beneficial environmental technological innovation, the damage to our ecosystem caused by this 17-year-old oil spill is unacceptable,” said U.S. Attorney Duane A. Evans for the Eastern District of Louisiana. “The federal government will hold accountable businesses that violate our Nation’s environmental laws and ensure that any oil and gas company operating within our District meets their professional and legal responsibilities.”
“We are proud of and grateful to the outstanding interagency team of technical and legal experts from the Departments of the Interior and Justice, the U.S. Coast Guard and other agencies who have worked tirelessly for more than a decade to mitigate environmental impacts to the Gulf of Mexico ecosystem, hold the company accountable, and protect the American taxpayer,” said Deputy Secretary of the Interior Tommy Beaudreau.
“For the last three years, the Coast Guard, along with our federal partners, have committed to the challenging mission of containing and removing more than 800,000 gallons of oil discharging into the Gulf of Mexico,” said Captain Will Watson, Sector Commander of the Coast Guard New Orleans. “Containment and removal operations continue to this day. This settlement will provide significant financial resources for the Bureau of Safety and Environmental Enforcement, Bureau of Ocean Energy Management, National Oceanic and Atmospheric Administration (NOAA) and the Coast Guard to permanently secure the wells, protect the marine environment, preserve marine resources and ensure compliance with the Oil Pollution Act of 1990.”
“This settlement represents an important down payment to address impacts from the longest-running oil spill in U.S. history,” said Nicole LeBoeuf, Director of NOAA’s National Ocean Service. “Millions of Americans along the Gulf Coast depend on healthy coastal ecosystems. NOAA and our co-trustees look forward to working in partnership with the National Pollution Funds Center to ensure the region and the ecosystem can recover from this ongoing tragedy.”
Under the settlement, Taylor Energy will pay over $43 million — all of the company’s available remaining assets — allocated as follows: $15 million as a civil penalty, $16.5 million for NRD, and over $12 million for Coast Guard removal costs. Taylor Energy also will transfer to DOI’s Bureau of Ocean and Energy Management (BOEM) $432 million currently held in a trust for decommissioning the Mississippi Canyon (MC)-20 site, and the company will be barred from interfering in any way with the Bureau of Safety and Environmental Enforcement’s (BSEE’s) decommissioning work. Likewise, Taylor Energy may not interfere in any way with the Coast Guard’s oil containment and removal actions. Taylor Energy will turn over to DOI and the Coast Guard all documents (including data, studies, reports, etc.) relating to the site to assist in the decommissioning and response efforts. When Taylor Energy liquidates after court approval of the settlement, it will make a final payment to the United States of the value of its remaining assets.
The settlement also requires the company to dismiss three lawsuits it filed against the United States, including two cases in the Eastern District of Louisiana—Taylor Energy Co. LLC v. Captain Kristi M. Luttrell, in her Official Capacity as Federal On-Scene Coordinator for the MC20 Unified Command and Taylor Energy Co. LLC v. U.S. Department of the Interior — a case pending in the District Court for the District of Columbia, Taylor Energy Co. LLC v. United States.
The spill began in 2004, when a Taylor Energy production platform located in the Gulf of Mexico about 10 miles off the coast of Louisiana collapsed during Hurricane Ivan, resulting in an ongoing oil discharge that continues to this day. Since April 2019, the vast majority of the leaking oil has been successfully captured by a containment system installed and operated by the U.S. Coast Guard through a contractor. Today’s settlement was filed by the Justice Department on behalf of the Coast Guard, DOI and the federal and state trustees for natural resources. The designated federal trustees for the natural resources impacted by Taylor Energy’s oil spill are the U.S. Department of Commerce through the NOAA and DOI through the U.S. Fish and Wildlife Service. The designated state trustees are the Louisiana Oil Spill Coordinator’s Office, Department of Public Safety & Corrections; Louisiana Department of Natural Resources; Louisiana Department of Environmental Quality; Louisiana Department of Wildlife and Fisheries; and the Louisiana Coastal Protection and Restoration Authority.
The settlement was filed as a proposed consent decree and is subject to a 40-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Tampa Woman Convicted in Cocaine ConspiracyRead the Press Release
Tampa, Florida – A federal jury has found Nicole Diaz (35, Tampa) guilty of conspiracy to distribute cocaine. She faces a maximum penalty of 20 years in federal prison. Her sentencing hearing is scheduled for March 2022.
Diaz had been indicted on September 4, 2019.
According to testimony and evidence presented at trial, as part of the conspiracy, in 2018 Diaz’s co-conspirators used the U.S. Postal Service to ship multiple kilograms of high purity cocaine from various locations in the Commonwealth of Puerto Rico to the Middle District of Florida and elsewhere. Knowing the unlawful purpose of the plan, Diaz allowed kilogram quantities of cocaine to be delivered to her address in Tampa, where she received those packages for further distribution on to various destinations in the United States.
This case was investigated by the Tampa Police Department, the Drug Enforcement Administration, the U.S. Postal Inspection Service, and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys John Cannizzaro, David W.A. Chee, and Jim Preston.
Swanton Woman Sentenced for Prescription Fraud and Embezzlement Scheme and Ordered to Pay $71,942.60 in RestitutionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Lindsey Cox, 37, of Swanton, Vermont, was sentenced on December 20, 2021 in United States District Court in Burlington, Vermont. Cox previously had pleaded guilty to conspiring to acquire controlled substances by fraud and theft in connection with healthcare.
United States District Judge Christina Reiss imposed a sentence of five years of probation to run concurrently on each count and ordered Cox to pay restitution to her former employer in the amount of $71,942.60.
According to Court records, Cox formerly was an employee at a dental practice in St. Albans, Vermont. Between April and November 2016, Cox conspired with another employee to generate fake prescriptions for controlled substances and forge the signature of a licensed prescriber. Cox and others then filled the fake prescriptions - which typically were for Oxycodone - at several area pharmacies. In total, investigators identified 46 fake prescriptions. In addition, between May 2016 and August 2017, Cox embezzled $71,942.60 from her employer by manipulating and falsifying payment records in the dental practice’s billing software.
The Drug Enforcement Administration and the St. Albans Police Department investigated this case, together with the U.S. Border Patrol and the Franklin County Sheriff’s Department. United States Attorney Nikolas P. Kerest commended the efforts of the Drug Enforcement Administration and other law enforcement agencies and, in particular, the work of the DEA’s drug diversion investigation as well as the St. Albans Police Department’s work to uncover Cox’s embezzlement.
Cox was represented by Assistant Federal Defender David L. McColgin. The prosecutor was Assistant United States Attorney John J. Boscia.
Supervisor of Bank Fraud Conspiracy Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
Greenbelt, Maryland – Chesterfield Stewart V, age 22, of Germantown, Maryland, pleaded guilty yesterday to conspiracy to commit bank fraud.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; and Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore.
According to his guilty plea, from February 2020 to December 2020, Stewart conspired with others to recruit individuals and use their bank accounts to receive fraudulent check deposits and share the recruited individuals’ personal identifying information and bank account information amongst co-conspirators and others. Once the co-conspirators obtained the individual’s bank information, Stewart and another co-conspirator produced and obtained counterfeit checks and then deposited those fraudulent checks into the individual’s bank account.
After the counterfeit checks had been deposited, co-conspirators traveled to numerous financial institutions and withdrew the funds from the individual’s account before the financial institution could determine that the source of the checks were fraudulent and the checks were counterfeit. As a result of the conspiracy, the intended loss within the scope of the conspiracy and reasonably foreseeable to Stewart was more than $250,000 but not more than $550,000.
For example, on March 12, 2021, a co-conspirator deposited a counterfeit check in the amount of $73,019.42 into Individual 1’s bank account. Then, on March 14, 2020, Stewart, two co-conspirators, and Individual 1 traveled to three different financial institutions where Individual 1 obtained three cash advances from their bank account in the amounts of $10,000, $10,000, and $5,000. The total actual loss to Individual 1’s financial institution after the collection fees was $24,976.36.
Additionally, on March 18, 2020, co-conspirators provided Individual 2’s bank account information to Stewart. The co-conspirators thereafter deposited a counterfeit check into Individual 2’s bank account in the amount of $15,000. That same day, Stewart, three co-conspirators and Individual 2 traveled to a Rockville, Maryland financial institution where, at the direction of Stewart and another co-conspirator, Individual 2 obtained a cash withdrawal from their bank account in the amount of $1,500. Co-conspirator 2 also made an ATM withdrawal in the amount of $300 from Individual 2’s bank account at the financial institution.
The following day on March 19, 2020, the co-conspirators conducted three separate money transfers to a co-conspirator’s mobile banking app account, for a total of $1,450, and transferred an additional $500 to another individual. The total actual loss to the financial institution was at least $3,750.
As part of his plea agreement, Stewart will be ordered to pay at least $28,726.36 in restitution.
Stewart faces a maximum sentence of 30 years in prison followed by five years of supervised release for conspiracy to commit bank fraud. U.S. District Judge George J. Hazel has scheduled sentencing for June 8, 2022 at 10:00 a.m.
United States Attorney Erek L. Barron commended the HSI for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Kelly O. Hayes, who is prosecuting the case.
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Stanley, Virginia Man Sentenced to 15 Years for Possession with the Intent to Distribute MethamphetamineRead the Press Release
HARRISONBURG, Va. – A Stanley, Virginia man, who was found to be in possession of almost 30 pounds of crystal methamphetamine, a .380 pistol, and more than $30,000 in cash in November 2019, was sentenced yesterday to 15 years in federal prison for possession with the intent to distribute methamphetamine.
Gene Anderson Stidham, 41, pleaded guilty in January 2021 to one count of conspiracy to distribute 500 grams or more of methamphetamine, one count of possession with the intent to distribute 500 grams or more of methamphetamine, and one count of possession of a firearm in furtherance of a drug trafficking offense.
According to court documents, on November 26, 2019, law enforcement assisted a Virginia probation officer with a search of Stidham’s residence in Stanley, Va. During the search, crystal methamphetamine, a wallet, and plastic bags were located. At a second location associated with Stidham, approximately twenty-nine pounds of methamphetamine, more than $33,000 in cash, and a loaded Smith and Wesson .380 pistol, were recovered.
United States Attorney Christopher R. Kavanaugh of the Western District of Virginia and Charlie J. Patterson, Special Agent in Charge of ATF’s Washington Field Division made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Northwest Virginia Regional Drug and Gang Task Force, the Page County Sheriff’s Office, the Luray Police Department, the Stanley Police Department, the Drug Enforcement Administration, and the Virginia State Police investigated the case.
Assistant U.S. Attorney Zachary T. Lee prosecuted the case.
Rafael “Raphy” Pina Convicted of Firearms ViolationsRead the Press Release
SAN JUAN, Puerto Rico – A federal jury convicted Rafael “Raphy” Pina-Nieves today for firearms violations being a convicted felon and possession of a machinegun. The sentencing was scheduled for April 1st, 2022.
According to court documents and evidence presented at trial, Pina-Nieves knowing that he had been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed: one Glock pistol, Model 19, 9mm caliber; one Smith & Wesson, Model SD40, .40 caliber, and 526 total rounds of live ammunition, including 148 rounds of .40 caliber handgun ammunition, 123 rounds of .357 caliber handgun ammunition, 3 rounds of .45 caliber handgun ammunition, 170 rounds of .25 caliber handgun ammunition, 3 rounds of 5.7 caliber handgun ammunition, 35 rounds of 7.62 caliber rifle ammunition, 18 rounds of 7.92 caliber rifle ammunition, 1 round of 12 gauge shotgun ammunition, and 25 rounds of 9mm caliber handgun ammunition.
The Glock pistol, Model 19, 9mm caliber possessed by Pina-Nieves was a machine gun, as it was modified to shoot more than one shot, without manual reloading, by a single function of the trigger.
U.S. Attorney W. Stephen Muldrow of the District of Puerto Rico and Joseph González, Special Agent in Charge of the FBI made the announcement.
The Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation, were in charge of the investigation of the case.
Assistant U.S. Attorneys María L. Montañez-Concepción and José Ruiz-Santiago prosecuted the case.
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North Carolina Man Sentenced to over Nine Years in Prison for A Robbery SpreeRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that David Rinehardt, age 21 of Statesville, North Carolina, was sentenced on December 21, 2021 to 111 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for a robbery spree.
According to United States Attorney John C. Gurganus, Rinehardt had pleaded guilty to committing five armed robberies of stores and bars in Uptown Harrisburg on April 6, 2019. He also pleaded guilty to robbing at gun point a Rite Aid pharmacy on April 8, 2019.
Rinhardt’s coconspirators, Brandon Harris, age 29, and Childes Neely, age 30, both of Harrisburg, pleaded guilty to robbing the Uptown stores as well as robbing the Rite Aid pharmacy. On December 14, 2021, Kendrick Groover-Floyd, age 32, of Harrisburg, pleaded guilty to robbing the Rite Aid. They are awaiting sentencing.
The case was investigated by the Federal Bureau of Investigation in conjunction with the Harrisburg Bureau of Police. Assistant U.S. Attorney Michael A. Consiglio is prosecuting the case.
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Niagara Falls Woman Pleads Guilty to Selling Fentanyl That Led to an Overdose DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Dallas Porter, 36, of Niagara Falls, NY, pleaded guilty before Senior U.S. District Judge William M. Skretny to possession with intent to distribute, and to distribute, fentanyl and possession with intent to distribute methamphetamine. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that in February 2021, Porter participated in supplying fentanyl to two individual users which resulted in overdoses, one of which was fatal. On February 7, 2021, the Lockport Police Department responded to a 911 call at a 7-11 on Park Avenue. Officers arrived and found one individual in a vehicle in the parking lot and another inside the 7-11 on the floor, both were unresponsive and unconscious. After locating a baggie containing a white powdery substance, first responders administered Narcan. The individual in the car became responsive and survived. The individual inside the store did not survive, dying as a result of “acute fentanyl intoxication.” Porter was subsequently arrested and at the time of her arrest was found with methamphetamine in her possession.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall and Niagara County Sheriff’s Office, under the direction of Sheriff Michael Filicetti.
Sentencing is scheduled for March 30, 2022, before Judge Skretny.
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New Haven Man Sentenced to Federal Prison for Illegal Gun PossessionRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced QUAYSHON SHARPE, 28, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 26 months of imprisonment, followed by three years of supervised release, for unlawfully possessing firearms.
According to court documents and statements made in court, on January 7, 2020, a court-authorized search of Sharpe’s residence on Ivy Street in New Haven revealed a Saiga 7.62 caliber “AK” style rifle, a Mossberg 500 12-gauge shotgun, a loaded Llama .45 caliber handgun, shotgun shells and a high-capacity rifle magazine. Sharpe was arrested earlier that day for an unrelated event.
Sharpe’s criminal history includes state felony convictions for sale of a controlled substance and carrying a dangerous weapon.
On June 4, 2021, Sharpe pleaded guilty to unlawful possession of a firearm by a felon.
Sharpe, who is released on a $25,000 bond, is required to report to prison on February 20, 2022.
This investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
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.
Milford Man Sentenced to 6 Years in Federal Prison for Trading Child Sex Abuse Images on the InternetRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that ROBERT C. HARRINGTON, 55, of Milford, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 72 months of imprisonment, followed by five years of supervised release, for trading child sex abuse images on the internet.
According to court documents and statements made in court, in January 2019, Homeland Security Investigations (HSI) received information from Australian and Canadian law enforcement authorities that two usernames associated with an Internet Protocol (IP) address at Harrington’s Milford residence were sending and receiving images depicting the sexual abuse of girls through a web-based application. On May 15, 2019, investigators searched Harrington’s residence and seized his tablet computer. The tablet contained numerous images and videos depicting child sex abuse.
Harrington has been detained since his arrest on May 15, 2019. On July 21, 2021, he pleaded guilty to one count of receipt of child pornography.
This investigation was conducted by HSI with the assistance of the Joint Anti-Child Exploitation Team (JACET), South Australia Police, Australian Federal Police and the Royal Canadian Mounted Police (RCMP). The case was prosecuted by Assistant U.S. Attorney Maria del Pilar Gonzalez.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Metro East Woman Pleads Guilty to Health Care and Public Housing ScamsRead the Press Release
EAST ST. LOUIS, Ill. – Shomanicka Holly, 36, of East Saint Louis, Illinois, pled guilty today to a
two-count felony information charging her with health care fraud and making materially
false statements on a public housing form.As part of her plea, Holly admitted to defrauding a government funded health care program by
requesting payment for services that she never performed. The Illinois Department of
Human Services (“IDHS”) operates a program known as the Personal Assistant program,
which pays people to work as personal assistants for qualified disabled individuals. The
program, which utilizes federal Medicaid funds, will only pay for work performed while the
disabled individuals are present in their homes.According to court documents, Holly served as a personal assistant to a qualified disabled person
from August 2016 to June 2019. During that time, Holly submitted timesheets requesting payment for
providing personal assistant services on dates and times when she was working at another job. In
doing so, Holly defrauded the program out of funds by falsely certifying that she was at the
disabled person’s home when, in fact, she was on the clock somewhere else.In addition, Holly pled guilty to a separate charge of making materially false statements on a
public housing application. Court documents alleged that Holly received public housing
assistance through a program funded by the U.S. Department of Housing and Urban Development
(“HUD”).At her plea hearing, Holly acknowledged that she knowingly failed to disclose on her housing
assistance renewal application that another adult resided in her home and earned
income. The housing agency relied on this information to allocate its limited resources, including
in determining whether Holly was eligible for public housing assistance and the amount
of assistance. Holly withheld the information to receive more benefits than she was entitled to.Health care fraud carries a maximum sentence of ten years in prison. Holly faces up to five years
in prison for making a materially false statement on a housing form. She may also be fined up to
$250,000 and ordered to pay restitution on each charge.Sentencing is scheduled for April 13, 2022, at 10:00 a.m. in the federal courthouse in East St.
Louis, Illinois.This case was investigated by agents of the United States Department of Health and
Human Services, Office of Inspector General (HHS-OIG), United States Department of
Housing and Urban Development, Office of Inspector General (HUD-OIG), and the Illinois
State Police, Medicaid Fraud Control Bureau (MFCB).
The case was prosecuted by Assistant United States Attorney Luke J. Weissler.
Maytag Aircraft Corporation Agrees to Pay $1.9 Million to Resolve Liability for 2014 Jet Fuel Spill at Fort HoodRead the Press Release
WACO – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that defense contractor Maytag Aircraft Corporation (“Maytag”) has agreed to pay $1,901,200.96 to resolve allegations the company negligently caused a jet fuel spill at Fort Hood’s Robert Gray Army Airfield Bulk Storage and Hydrant Facility (“RGAAF”) and made false statements to federal investigators to avoid contractual liability for the cleanup costs.
Defense Logistics Agency (“DLA”) Energy contracted with Maytag to provide services to operate and maintain the government aviation and ground fuel facilities at Fort Hood, including RGAAF. The United States alleged that on January 30, 2014, Maytag employees negligently failed to close a fuel separator valve during operation of the RGAAF fuel system. The open valve and pressure in the system caused fuel to overflow the capacity of the underground waste fuel tank, spew out of the ground, and migrate into the nearby creek. Maytag’s contract with the United States required it to ensure that the fuel valves were secured when not in use.
As a result of the spill, DLA Energy undertook emergency spill response actions in 2014 and continued to engage in environmental remediation efforts through 2020 due to the location and nature of the cleanup needed. The United States contended that Maytag was liable for the costs of such spill response and remediation under its contract with DLA Energy, which required reimbursement of damages. Those damages included the cost of containment and clean up, property damage, and lost fuel resulting from Maytag’s negligence.
Following the spill, DLA Energy and the Defense Criminal Investigative Service investigated the cause of the incident. The United States alleged that, in connection with those investigations, Maytag employees made false statements to the government to avoid contractual liability for the cost of remediation. For example, Maytag employees falsely told investigators that that the valve was closed and that there was a lock on the valve prior to the spill. The United States contended that these statements violated the “reverse false claims” provision of the False Claims Act, which imposes civil liability on those who act improperly to evade an obligation to pay money to the government.
“The United States expects contractors that operate on military bases to be good stewards of federal lands and federal property,” said U.S. Attorney Hoff. “We will hold these contractors responsible for actions that cause environmental harm and negatively affect the health and safety of uniformed service members, civilian employees, and the community.”
“The Defense Logistics Agency values our relationships with industry partners,” said DLA spokesman Patrick Mackin. “We are pleased that we could resolve this long-standing claim and relieve the American taxpayer of the financial burdens caused by the fuel spill and clean-up.”
Assistant U.S. Attorneys Jacquelyn Christilles and Thomas Parnham represented the United States in this matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Manchester Man Sentenced to 90 Months for Drug Trafficking ConspiracyRead the Press Release
CONCORD - Ramon Guerrero, 39, of Manchester, was sentenced to 90 months in federal prison for conspiracy to distribute fentanyl and cocaine, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, between February 27, 2020, and March 11, 2020, a cooperating individual working with the Manchester Police Department arranged to purchase fentanyl on two occasions from Guerrero and Gabriel Rivera at an apartment in Manchester. While in the apartment, the cooperator observed quantities of suspected fentanyl, crack, and methamphetamine.
On May 15, 2020, detectives observed Guerrero and a woman check into a local motel at 3:30 am under the woman’s name. After obtaining arrest and search warrants, officers entered the room. Detectives discovered $9,254, cocaine, and fentanyl in pill form. A subsequent search of the apartment found Rivera sitting on a couch with an open fanny pack next to him, an open safe at his feet, and a 9 mm handgun tucked behind the cushion. On his person, detectives located $1,151. The safe and pack contained over 4 grams of crack, over 76 grams of cocaine and over 162 grams of fentanyl. Court records confirm that Rivera is a convicted felon prohibited from possessing a firearm.
At the time of this offense, Guerrero was on federal supervised release after serving a 102-month sentence for a prior drug trafficking crime.
Guerrero and Rivera pleaded guilty on August 3, 2021. Rivera was sentenced to 90 months on November 24, 2021. The currency and firearms were forfeited to the United States.
“Ramon Guerrero is a repeat offender who was not deterred by a prior federal prison sentence,” said Acting U.S. Attorney Farley. “Rather than conform his conduct to the law, he chose to return to drug trafficking and sought to profit from the sale of fentanyl and other extremely dangerous drugs. Thanks to the hard work of the Manchester Police Department, this dangerous drug trafficker and his partner will no longer be able to endanger our community by selling deadly substances.”
This matter was investigated by the Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth. Assistant U.S. Attorney Robert Rabuck handled the forfeiture aspects of this matter.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Man Sentenced for Delivering Meth for Mexico-based SupplierRead the Press Release
Acting United States Attorney Jan Sharp announced that Eliseo Barrera-Peraza, 50, was sentenced today in federal court in Omaha, Nebraska, for conspiracy to distribute and possess with intent to distribute methamphetamine. United States District Judge Brian C. Buescher sentenced Barrera-Peraza to 78 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release. Barrera-Peraza will be deported by U.S. immigration authorities when he completes his sentence to imprisonment.
On November 10, 2020, a DEA undercover agent posing as a customer contacted a known Mexico-based narcotics source of supply to order for purchase one pound of methamphetamine. The agent and the Mexican source of supply agreed that a local party would meet the customer at a business in Omaha to complete the sale and agreed that the customer would pay $4,300 for the pound. As planned, they met and completed the transaction on November 17, 2020.
Investigators were subsequently able to identify Barrera-Peraza as the person who met and provided the methamphetamine to the undercover agent. Investigators also linked Barrera-Peraza to a prior purchase of methamphetamine on August 7, 2019, by an undercover Omaha Police Department officer. Barrera-Peraza delivered the methamphetamine in the earlier case just as he did in November 2020.
This case was investigated by the Drug Enforcement Administration, Omaha Field Division, Omaha Police Department and Nebraska State Patrol.
Las Vegas Man Sentenced to Prison for Coercing Children into Sending Sexual Images Using Video and Instant Messaging ApplicationsRead the Press Release
LAS VEGAS – A Las Vegas man was sentenced today to 188 months in prison for coercing two children, who were step-siblings, to create images of themselves appearing to commit sexual acts with each other and to send those images using various video and instant messaging applications.
According to court documents, David Howard Babit, 49, utilized the Internet applications LiveMe, ooVoo, Skype, and Snapchat to contact and manipulate two 12-year-old children to create and send child sexual abuse images. He used an alias when speaking with the victims, pretending to be a 16-year-old boy. Babit directed the victims to create videos and images conducting sexual acts with each other. The mother of one of the victims contacted law enforcement about Babit’s messages.
On December 1, 2017, law enforcement executed a search warrant at Babit’s residence. After Las Vegas Metropolitan Police Department investigators advised Babit of his Miranda rights, he confessed to communicating with the children and possessing child pornography. A forensic examination of Babit’s computer revealed at least 788 images and 1,280 videos of child pornography, including forceful sexual assault of toddlers and children ranging from three to ten years old.
Babit pleaded guilty in November 2020 to two counts of coercion and enticement. In addition to the prison term, U.S. District Judge Gloria M. Navarro sentenced Babit to 35 years of supervised release. Babit also must pay restitution to the victims.
Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI made the announcement.
This case was investigated by the Las Vegas Metropolitan Police Department, Gardendale Police Department, and the FBI. Assistant U.S. Attorney Bianca Pucci prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, please visit www.justice.gov/psc.
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Justice Department Grants Will Fund Programs to Combat Western Pennsylvania’s Substance Use Crisis and Equip Police with Body-Worn CamerasRead the Press Release
PITTSBURGH – U.S. Attorney Cindy K. Chung today announced that local government agencies in four western Pennsylvania counties will receive more than $1.5 million in Department of Justice grants to address substance use disorder (SUD) and to equip police with body-worn cameras.
“Department of Justice grants provide critical funding to support local government initiatives that would be otherwise unaffordable,” said U.S. Attorney Chung. “The grants announced today will support programs aimed at addressing the substance use crisis devastating our communities and at providing police with an important tool that will enhance protection for both officers and citizens.”
Washington County will receive $900,000 to develop a post-booking diversionary initiative that identifies offenders who have tested positive for opioids and opiates after a driving-under-the-influence stop and offers an alternative sentencing option by linking the offender to evidence-based treatment.
Armstrong County will receive $600,001 to implement a Pretrial Diversionary Treatment Program. The program will provide an opportunity to individuals suffering from SUD to work towards rehabilitation, in lieu of criminal charges, if they successfully complete the treatment program.
The Town of McCandless in Allegheny County will receive $36,069 and the City of Hermitage in Mercer County will receive $31,000 to fund body-worn cameras for officers. The body-worn cameras will complement the current use of in-car dash cameras by extending video and audio recording to wherever the officer goes.
The Office of Justice Programs 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 at www.ojp.gov.
Justice Department Awards More Than $110 Million to Support Currently and Formerly Incarcerated IndividualsRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced awards totaling more than $110.7 million to reduce recidivism and support adults and youth returning to their communities after confinement.
OJP’s Bureau of Justice Assistance (BJA), National Institute of Justice (NIJ) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) are awarding grants to jurisdictions, non-profit organizations, research institutions and other agencies in support of evidence-based approaches to reintegrate formerly incarcerated individuals into communities.
“We are committed to ensuring that formerly incarcerated individuals get the treatment, training and support they need after returning to their communities,” said Associate Attorney General Vanita Gupta. “We must help them reunite with their families, find a place to live, obtain health care services and behavioral health support, get an education and enter the work force. These resources are critical to successful reintegration and promote the health and safety of our communities.”
Expanding reentry opportunities is a key priority of the Biden-Harris Administration, which is taking steps to make the criminal justice system fairer, more efficient and more effective at reducing recidivism. Community reintegration is a core feature of the President’s Comprehensive Strategy to Prevent and Respond to Gun Crime and Ensure Public Safety. The Justice Department is actively engaged in eliminating barriers to successful reentry, helping formerly incarcerated individuals compete for jobs, attain stable housing and support their families.
“These resources — and investments being made by agencies across the federal government — will help catalyze and bolster systemic solutions to address the substantial reentry needs felt by hundreds of thousands of people across the nation,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “If we truly believe in second chances and the power of redemption, we must provide those who leave our jails, prisons and confinement facilities with the tools and support to assume a positive and productive role in our society.”
In FY 2021, BJA is providing a total of $94 million to adult reentry and recidivism reduction programs. More than $60 million is being awarded through its Second Chance Act grant programs, which are designed to help communities develop and implement comprehensive and collaborative strategies to address reentry and recidivism challenges. This funding includes:
- More than $6.5 million through its FY 2021 Second Chance Act Pay for Success Initiative. This program provides funding for state, local and tribal governments to enhance or implement performance-based and outcomes-based contracts with reentry, permanent supportive housing or recovery housing providers to reduce recidivism, and address the substance use disorders that some formerly incarcerated people experience.
- More than $26.3 million through its FY 2021 Second Chance Act: Adult Reentry Education, Employment, Treatment and Recovery Program. This program is designed to improve correctional educational and employment services for incarcerated populations and to improve treatment services for individuals with substance use disorders.
- More than $12.9 million through its FY 2021 Second Chance Act Community-Based Reentry Program. This program provides funding to implement or expand reentry programs that demonstrate strong partnerships with corrections, parole, probation and other reentry service providers.
- More than $3.5 million through its FY 2021 Swift, Certain, and Fair Supervision Program: Applying the Principles Behind Project HOPE. This program provides funding to state, local and Tribal community supervision agencies to develop and test new or enhanced applications of the swift, certain and fair principles of intervention to reduce recidivism and improve outcomes for people under community supervision.
- $500,000 through its FY 2021 The HOPE Institute: Applying the Principles of Swiftness, Certainty, and Fairness Program. This program funds training and technical assistance organizations that will provide information, resources and other forms of assistance to state, local and Tribal community supervision agencies that are seeking to develop, test and enhance applications of the SCF principles using a data-driven, collaborative process that is informed by research and responsive to local settings.
- $5 million through the FY 2021 Innovations in Reentry Initiative: Building System Capacity & Testing Strategies to Reduce Recidivism Program. This program provides resources to states, units of local government and federally recognized Indian Tribal governments to plan, implement or expand effective reentry practices and service delivery systems that address individuals’ needs and reduce recidivism.
- $4.8 million through the FY 2021 Smart Probation: Innovations in Supervision Initiative. This program provides funding to state, local and Tribal community corrections agencies to improve supervision practices to increase positive outcomes, prevent recidivism and reduce crime in their jurisdictions.
In addition, BJA is bringing on two Second Chance Fellows who have lived experience and possess significant reentry policy and practice expertise to provide strategic guidance to BJA and its partners on reentry policies and practices. One was selected for a proposal to create statewide blueprints in two states to strengthen the reentry continuum and elevate the voices of formerly incarcerated people. Another was selected for a proposal to restore and enhance access to education for people with prior criminal justice involvement. The department will have more information to share about the fellows program in the new year.
In addition to the adult Second Chance Act programs above, BJA is awarding:
- More than $29.6 million through the FY 2021 Residential Substance Abuse Treatment for State Prisoners Program to help states develop and implement residential substance use disorder treatment programs within state correctional facilities, as well as within local correctional and detention facilities, so that individuals receive the care they need to successfully return to their communities.
- $3.4 million through the FY 2021 Implementing the PREA Standards, Protecting Inmates, and Safeguarding Communities Program. This program provides funding for projects designed to prevent, detect and respond to sexual abuse and sexual harassment in confinement facilities and to achieve and maintain compliance with the Prison Rape Elimination Act standards.
In FY 2021, OJJDP is awarding more than $16 million to enhance reentry services for juveniles and for incarcerated parents with children under 18 returning to their communities to include:
- Nearly $4.5 million under its Second Chance Act Addressing the Needs of Incarcerated Parents with Minor Children Program, which helps states and localities develop or expand services that meet the needs of incarcerated parents and their minor children to prevent violent crime, reduce recidivism and strengthen family relationships.
- Nearly $10 million under its Second Chance Act Youth Reentry Program. This program provides grants to state, local and Native American Tribal governments and nonprofit organizations to provide reentry services and programs to youth.
- $1.5 million under the Family-Based Alternative Sentencing Program, which builds capacity of states, state and local courts, units of local government and federally recognized Tribal governments to implement new, or enhance existing, alternative sentencing programs for parents in the criminal justice system to improve family outcomes.
In FY 2021, NIJ is awarding more than $2 million through its FY 2021 Research and Evaluation on Promising Reentry Initiatives Program to perform rigorous research that examines the success of reentry strategies, programs and practices.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
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 at www.ojp.gov.
Justice Department Awards Almost $141 Million to Protect ChildrenRead the Press Release
The Department of Justice’s Office of Justice Programs (OJP) today announced grant awards totaling nearly $141 million to help protect children from exploitation, trauma and abuse, while also funding improvements in the judicial system’s handling of child abuse and neglect cases.
“The Justice Department has a solemn responsibility to help keep young people safe and out of harm’s way,” said Attorney General Merrick B. Garland. “These grants provide a wide variety of investigative and trauma-informed resources that will help law enforcement and child-serving professionals address child exploitation and abuse.”
These awards will provide law enforcement officials, child advocates and service providers the means to protect children from abuse and sexual exploitation. Funds will help develop, enhance and strengthen investigative and trauma-informed services to assist youth, while supporting robust training and technical assistance efforts to ensure the professionals working with these youth have the tools they need to be successful.
“Protecting our children, securing their health and well-being, and addressing the trauma that too many young people have experienced are central to our mission at the Office of Justice Programs,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “These grants will give public safety professionals and those who serve our children and youth the tools they need to keep kids safe from harm and put them on the path to a safe and bright future.”
Grants from OJP’s Office of Juvenile Justice and Delinquency Prevention (OJJDP) and National Institute of Justice (NIJ) are distributing millions of dollars to local, state and Tribal jurisdictions throughout the United States, territories and the District of Columbia.
Below is a list of funded grants:
Missing and Exploited Children
- Nearly $37 million funds the National Center for Missing & Exploited Children (NCMEC), which enables the center’s operations and provides support, technical assistance and training to help law enforcement locate and recover missing and exploited children.
- Another $6 million is being awarded to NCMEC’s National Resource Center and Clearinghouse (NRCC) as part of an interagency agreement between OJJDP and the U.S. Secret Service. The NRCC helps prevent child abduction and sexual exploitation, and provides training and technical assistance to victims, their families and the professionals who serve them.
- About $4.4 million supports the National AMBER Alert Training and Technical Assistance Program to help the AMBER Alert network improve law enforcement’s response to abducted children and encourage public participation in their recovery.
Internet Crimes Against Children
- Over $29.5 million is being awarded under the Internet Crimes Against Children (ICAC) Task Force Program to conduct forensic examinations and to investigate and prosecute technology-facilitated child sexual exploitation throughout the U.S.
- Another $3.3 million is being awarded under the National ICAC Training Program to provide core training programs for ICAC investigators.
- About $3 million funds OJJDP’s Strengthening Internet Crimes Against Children Technological Investigative Capacity, which enables ICAC task forces and their affiliates to improve technology that combats child pornography, exploitation and sex trafficking.
Victims of Child Abuse
- Under the Victim of Child Abuse Act (VOCA), more than $21 million funds the Children’s Advocacy Centers (CAC) National Subgrants Program in three categories: National Subgrants Program, National Subgrants Program for Victims of Child Pornography and National Military Partnership Program.
- An additional $5 million in continuation funding is being awarded to four organizations via the VOCA Regional Children’s Advocacy Center program. This program supports regional centers that help to establish multidisciplinary teams, local programs and state chapter organizations that respond to child abuse and neglect, and that deliver training and technical assistance.
- Another $2.5 million is being awarded under the Children’s Advocacy Center’s Membership and Accreditation Program, which supports training and technical assistance to implement national standards for CACs.
- Over $11 million is being awarded to help improve outcomes for foster children through the Court Appointed Special Advocates Training and Technical Assistance and Subgrants Program.
- Over $3 million is being awarded for Child Abuse Training for Judicial and Court Personnel to improve the judicial system’s role in child abuse and neglect cases with an emphasis on eliminating prolonged foster care placement.
Children Exposed to Violence and Child Protection
- More than $7 million is being awarded to communities under the Strategies to Support Children Exposed to Violence Program to develop or enhance support services for children exposed to violence and to implement community violence intervention strategies. Funding also supports training and technical assistance for program sites.
- Another nearly $3 million in grants funds Supporting Effective Interventions for Adolescent Sex Offenders and Children with Behavior Problems, which helps communities provide a continuum of intervention and supervision services for adolescent sex offenders, children with behavior problems and treatment services for their victims and families.
- Nearly $900,000 funds the Post-Secondary Education Opportunities for Child Protection Professionals, which supports the training of future mandated reporters and child protection professionals.
Research
- NIJ is awarding about $1.5 million to fund Research to Reduce Trauma for Child Pornography Victims.
Once the awards are made, information about the grantees selected under each solicitation can be found online at the OJP Grant Awards Page.
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 at www.ojp.gov.
Justice Department Announces Global Resolution of Criminal and Civil Investigations with Privatized Military Housing Contractor for Defrauding U.S. MilitaryRead the Press Release
Today, the Department of Justice announced a global resolution of its criminal and civil investigations into Balfour Beatty Communities LLC (BBC), one of the largest providers of privatized military housing to the U.S. Armed Forces, for defrauding the U.S. Air Force, U.S. Army, and U.S. Navy, in connection with a scheme to defraud the U.S. military.
BBC pleaded guilty to one count of major fraud against the United States in connection with a criminal information filed today in the District of Columbia. U.S. District Judge Emmet G. Sullivan accepted the plea and sentenced BBC to pay over $33.6 million in criminal fines and over $31.8 million in restitution to the U.S. military, serve three years of probation, and engage an independent compliance monitor for a period of three years.
Separately, BBC also entered into a False Claims Act settlement with the United States to resolve its civil liability for $35.2 million. The amounts paid under the civil settlement will be credited against the amounts owed under BBC’s criminal plea.
“Instead of promptly repairing housing for U.S. servicemembers as required, BBC lied about the repairs to pocket millions of dollars in performance bonuses,” said Deputy Attorney General Lisa O. Monaco. “This pervasive fraud was a consequence of BBC’s broken corporate culture, which valued profit over the welfare of servicemembers. Today’s global resolution sends a clear message to companies that if they do not maintain adequate compliance programs, voluntarily self-disclose misconduct, and fully cooperate with the government, they will pay a price that outweighs the profits they once reaped.”
According to court documents, BBC was a diversified real estate services company, headquartered in Malvern, Pennsylvania, that operated privatized military housing communities at 21 U.S. Air Force, 18 U.S. Navy, and 16 U.S. Army bases across the United States, in which tens of thousands of service members and their families lived. BBC earned fees for the various phases of development and management of each housing community, from design and construction to ongoing community management and maintenance, and service members paid their living allowance, known as Basic Allowance for Housing, to BBC to live in these communities.
BBC’s fees for the ongoing property management and maintenance of its military housing communities generally consisted of a base fee, paid to BBC monthly, and performance incentive fees, paid to BBC quarterly or semi-annually. Performance incentive fees were only payable upon the approval of the relevant service branch. To obtain the incentive fees, BBC was required to submit to the service branches proof that it had satisfied performance objectives related to, among other things, maintenance of the housing communities and resident satisfaction. The service branches relied on BBC’s submissions in deciding whether to approve the payment of relevant performance incentive fees.
According to court documents, from around 2013 to around 2019, BBC employees, including former community manager Stacy Cabrera (who pleaded guilty to related charges on April 21) and former regional manager Rick Cunefare (who pleaded guilty to related charges on June 9), and others, falsified information so that BBC’s incentive fee requests falsely reflected that BBC had met performance objectives. In reality, BBC did not meet those objectives in many of the quarters during that time. These objectives primarily related to maintenance and resident satisfaction at various military housing projects. Specifically, BBC employees altered or manipulated data in property management software and destroyed and falsified resident comment cards to falsely inflate these metrics and, ultimately, to fraudulently induce the service branches to pay performance incentive fees which BBC had not earned.
As a result, according to court documents, there were lengthy and unnecessary delays in the resolution of maintenance issues to the detriment of servicemembers and their families. In addition, the military service branches were provided an inaccurate assessment of the state of BBC’s military housing communities and were unable to assess, and potentially correct, BBC’s performance.
A number of relevant considerations contributed to the department’s criminal resolution with BBC, including the nature and seriousness of the offense, the pervasiveness of the misconduct among BBC’s employees and at multiple military installations, and the state of BBC’s compliance program and the progress of its remediation, including the fact that BBC’s compliance program and internal controls have not been fully implemented or tested to demonstrate that they would prevent and detect similar misconduct in the future.
As part of BBC’s plea agreement, BBC agreed to cooperate fully with the United States in all matters relating to the conduct covered by the plea agreement and other conduct under investigation by the United States, to self-report violations of U.S. federal criminal law, and to continue to implement a compliance and ethics program designed to effectively detect and deter violations of U.S. anti-fraud laws throughout its operations.
“In defrauding our country's military services, BBC took advantage of their unique position as a military housing provider and put greed and personal profit above our servicemembers,” said FBI Deputy Director Paul M. Abbate. “Today's guilty plea reaffirms the FBI, along with our partners, are committed to preventing such disgraceful crimes and will work tirelessly to bring those who engage in this type of crime to justice.”
“The Air Force Office of Special Investigations is committed to protecting the integrity of the Department of the Air Force’s procurement process,” said Special Agent Paul Wachsmuth, Director AFOSI Office of Procurement Fraud Investigations. “The extensive and dedicated collaborative efforts between AFOSI, the Air Force Audit Agency, Defense Criminal Investigative Service, and the Department of Justice in this investigation was paramount in ensuring the safety and well-being of our warfighters and their families.”
“The health and safety of service members and their families remains of critical importance to the DoD Office of Inspector General's Defense Criminal Investigative Service (DCIS),” said Principal Deputy Director James R. Ives of DCIS. “DCIS and our law enforcement partners are committed to working with the Department of Justice to hold companies accountable when they emphasize profits over the well-being of those who honorably serve our nation.”
“This judgment demonstrates the commitment CID Special Agents have to protect soldiers’ families against deceitfulness and fraud, while also ensuring the integrity of the military privatization housing initiative, which is to provide safe, quality, well-maintained housing for our military families,” said Special Agent in Charge Frank Robey of the Army Criminal Investigation Division’s (CID) Major Procurement Fraud Unit. “Throughout this investigation, Army CID special agents worked closely with federal authorities emphasizing the importance of successful partnerships with other law enforcement agencies.”
“Balfour Beatty’s scheme to delay service request entries into their electronic tracking system to increase their performance-based award violated their contract and wasted valuable taxpayer money,” said Special Agent in Charge Thomas Cannizzo of the NCIS Southeast Field Office. “NCIS and our partners remain committed to rooting out fraud and corruption that threatens the integrity of the Department of the Navy’s procurement process.”
“The men and women who live in our nation’s military housing, including those at Fort Stewart and Fort Gordon, deserve prompt and professional maintenance service from their housing providers,” said U.S. Attorney David H. Estes for the Southern District of Georgia. “That BBC would not only fail to deliver this service, but also falsify information to line their own pockets is despicable. Our office will work tirelessly with our law enforcement partners, and other components of the Department of Justice, to make sure those who provide subpar service to the military and lie about it are held accountable.”
“The Western District of Texas is home to some of the largest military installations in the country and our district works tirelessly to protect and serve our military families,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “The resolution entered with BBC concerns conduct that impacted military families in our district at Lackland Air Force Base and Fort Bliss Army Base. This resolution is an important step in holding private military housing providers accountable to our servicemembers and their families.”
“The defendants’ greed undermined a program designed to protect servicemembers’ homes while they courageously fight to protect our homeland,” said Acting U.S. Attorney Robert J. Troester for the Western District of Oklahoma. “Servicemembers and their families deserve better. The U.S. Attorney’s Office is committed to working with our law enforcement partners to protect our military community from fraudulent conduct of all kinds, particularly the integrity of DoD housing programs.”
This resolution follows the prior entry of guilty pleas by two BBC managers. In April 2021, Stacy Cabrera, a former community manager of BBC, pleaded guilty to conspiracy to commit wire fraud. In June, Rick Cunefare, a former regional manager of BBC, pleaded guilty to major fraud against the United States.
Air Force OSI, DCIS, Army-CID, NCIS, and the FBI’s Oklahoma City Field Office investigated the case. The Air Force Audit Agency also provided assistance.
Trial Attorneys Michael P. McCarthy and Siji Moore of the Department of Justice Criminal Division’s Fraud Section prosecuted the case. Trial Attorneys Laura E. Hill and Elspeth England of the Civil Division’s Fraud Section, Assistant U.S. Attorney Ron Gallegos of the U.S. Attorney’s Office for the Western District of Oklahoma, Assistant U.S. Attorneys Jonathan Porter and Patrick Schwedler of the U.S. Attorney’s Office for the Southern District of Georgia, and Assistant U.S. Attorneys Mary Kruger and Jacquelyn Christilles of the U.S. Attorney’s Office for the Western District of Texas handled the civil matter.
Jamestown Man and Woman Indicted by A Federal Grand Jury for Selling Fentanyl That Led to A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging Garson E. Butcher, 29, and Alisha D. Centi, 26, both of Jamestown, NY, with distribution of fentanyl causing death, narcotics conspiracy, and using and maintaining a drug-involved premises. The charges carry a mandatory minimum penalty of 20 years in prison and a maximum of life.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that according to the indictment, between March 2020, and June 2021, Butcher and Centi conspired with others to possess and sell heroin, fentanyl, and methamphetamine. On March 29, 2020, Butcher and Centi are accused of selling fentanyl which resulted in the death of an individual identified as T.R. In addition, Butcher and Centi allegedly used residences on Fairview Avenue and Roland Road to manufacture and distribute heroin, fentanyl, and methamphetamine.
The defendants made an initial appearance before U.S. Magistrate Judge Michel J. Roemer and are being held pending a detention hearing.
The indictment is the result of an investigation by the Drug Enforcement Administration, under the direction of Acting Special Agent-in-Charge Keith Kruskall, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Chautauqua County Sheriff’s Office, under the direction of Sheriff James B. Quattrone.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Jacksonville Man Sentenced to 10 Years in Federal Prison for Attempting to Meet 13-Year-Old Child for SexRead the Press Release
Jacksonville, Florida – Chief U.S. District Judge Timothy J. Corrigan has sentenced Timothy Wade Veres III (25, Jacksonville) to 10 years in federal prison for attempted online enticement of a minor to engage in sexual activity. Veres has also been ordered to serve a 10-year term of supervised release and to register as a sex offender. The Court ordered Veres to pay $5,000 in restitution to a child victim depicted in sexually explicit images he had possessed, which Veres agreed to pay as part of his plea agreement.
Veres had pleaded guilty on August 19, 2021.
According to court documents, in January 2020 federal and local law enforcement conducted a joint undercover operation targeting individuals who were seeking to meet minor children on the internet for the purpose of engaging in sexual activity. On January 26, 2020, Veres used a particular chat application to make contact with an undercover federal agent who had assumed the online persona of a 13-year-old girl. During their online conversations, the “child” informed Veres of her age, and he discussed his desire to engage in sexual activity with the “child” when they met in person. Within five hours of first conversing with the “child” online, Veres traveled to meet the “child” for sex, where state and federal officers arrested him and found him in possession of condoms he had purchased on the way to the planned meeting location.
This case was investigated by the Naval Criminal Investigative Service, the Clay County Sheriff’s Office, and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ashley Washington.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jacksonville Man Pleads Guilty to Distributing Child Sex Abuse Videos over the InternetRead the Press Release
Jacksonville, Florida – Michael Lee Aurandt (50, Jacksonville) has pleaded guilty to two counts of distributing materials depicting the sexual abuse of children over the internet. He faces a minimum mandatory term of 5 years, and up to, 20 years in federal prison on each count and a potential lifetime term of supervised release. Aurandt was arrested on August 27, 2021, and was ordered detained pending trial. A sentencing hearing has not yet been scheduled.
According to court documents, several different offices of the Federal Bureau of Investigation began investigating Aurandt for uploading child sexual abuse materials to a chat application over the internet, including his October 2020 posting of videos and images, and his November 2020 uploading of more videos. FBI agents identified Aurandt as the source of these distributions through the internet protocol (IP) addresses from which he uploaded the materials.
On August 27, 2021, FBI agents executed a federal search warrant at Aurandt’s residence and arrested him later that day. During an interview, Aurandt admitted viewing and distributing child sex abuse materials using the chat app accounts previously identified by FBI. He stated he would create new accounts after his existing accounts were shut down for violating the chat app’s terms of service.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ashley Washington.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Indictment Charges Former Morris Resident with Child Exploitation OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and Matthew B. Millhollin, Special Agent in Charge, Homeland Security Investigations (HSI), Boston, today announced that a federal grand jury in New Haven has returned an indictment charging KEVIN CURLEY, 40, formerly of Morris, with receipt of child pornography and distribution of child pornography.
The indictment was returned on December 7, 2021. Curley appeared yesterday via videoconference before U.S. Magistrate Judge Robert A. Richardson and entered a plea of not guilty to the charges.
As alleged in court documents and statements made in court, “Tor,” which is an acronym for “The Onion Router,” is a worldwide network of internet-connected computers that is designed to conceal the true IP addresses of the computers on the network and the identities of the network’s users. In 2020, HSI began investigating Curley for his involvement in an online community of individuals who sent and received child pornography images and videos via a hidden service website that operated on the Tor network. On August 5, 2020, investigators conducted a court-authorized search of Curley’s former residence in Morris and seized Curley’s desktop computer. Analysis of the seized computer revealed hundreds of images and videos depicting the sexual abuse of children.
If convicted of the charge of receipt of child pornography, Curley faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years. The charge of possession of child pornography carries a maximum term of imprisonment of 20 years.
Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Curley was originally arrested on a federal criminal complaint on October 8, 2020. He is released on a $150,000 bond and residing in Naugatuck while awaiting trial.
This matter is being investigated by Homeland Security Investigations (HSI). The case is being prosecuted by Assistant U.S. Attorney Lauren C. Clark.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Hartford Jury Finds Jamaican Drug Trafficker GuiltyRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that a federal jury in Hartford has found ONIEL WILKS, 42, a citizen of Jamaica, guilty of narcotics, identity fraud and money laundering offenses. The trial before U.S. District Judge Alvin W. Thompson began on December 13 and the jury returned the verdicts this morning.
According to the evidence at trial, in November 2018, members of the FBI’s Bridgeport Safe Streets Task Force arrested several individuals, including Louie McDowell, who were distributing large quantities of heroin, fentanyl and crack cocaine in an around Bridgeport. The investigation subsequently revealed that McDowell was being supplied with heroin, fentanyl and cocaine by Wilks, who was using a false identity and living in California. Wilks, who had been removed from the U.S. to Jamaica in February 2014 and then illegally reentered the U.S., used stolen identifying information of an individual to apply for and receive a Florida driver’s license in 2015, and a U.S. passport in 2016. Investigators determined that Wilks had used his fraudulent passport to travel overseas, including to Japan and Thailand.
In April 2019, Wilks, using his stolen identity, was stopped by law enforcement officers in southern California with five kilograms of suspected cocaine in the car he was driving. As the investigation into Wilks’ drug trafficking activities continued, in July 2019, investigators seized a package containing six kilograms of cocaine that was being mailed from California to Connecticut. On August 5, 2019, Wilks was arrested and court-authorized searches of two residences and a vehicle connected to him revealed approximately four kilograms of fentanyl, items used to process and package narcotics, false identifications and more than $160,000 in cash.
The jury found Wilks guilty of one count of conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, five kilograms or more of cocaine and 400 grams or more of fentanyl; one count of making a false statement in a passport application; one count of aggravated identity theft; and one count of conspiracy to commit money laundering.
Judge Thompson scheduled sentencing for March 16, 2022, at which time Wilks faces a mandatory minimum term of imprisonment of 12 years and a maximum term of imprisonment of life.
Wilks also will forfeit a 2014 Dodge Ram truck, a 2019 Toyota Rav4, a 2017 Acura MDX, diamonds originally valued at more than $50,000, a watch he purchased for more than $12,000, and approximately $180,000 seized from a bank account.
Wilks has been detained since his arrest.
McDowell has pleaded guilty and awaits sentencing.
This investigation has been conducted by the FBI’s Bridgeport Safe Streets Task Force, Drug Enforcement Administration, Connecticut State Police, and the Bridgeport, Stratford, Norwalk, Seymour and Trumbull Police Departments. The investigation has been assisted by law enforcement in California, including the High Intensity Drug Trafficking Area (“HIDTA”) Task Force Group 44, the Orange County Sheriff’s Regional Narcotics Suppression Program, the Los Angeles County Sheriff’s Department, and the Culver City Police Department.
The case is being prosecuted by Assistant U.S. Attorneys Karen L. Peck and A. Reed Durham.
Great Hills Man Sentenced to over Six Years in Federal Prison for Federal Firearm and Drug Trafficking ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Daiquan Malik Barnett, age 25, of Great Mills, Maryland, to 78 months in federal prison, followed by five years of supervised release, for possession of controlled substances with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge L.C. Cheeks, Jr of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and St. Mary’s County Sheriff Tim Cameron.
According to his plea agreement, on September 17, 2019, Barnett facilitated the sale of a semiautomatic, assault-style rifle—a transaction surveilled and recorded by ATF. Barnett acted as the middle man in the transaction and facilitated the transaction by communicating the price of the weapon and the meeting place for the sale. While discussing his personal firearm during the meeting, Barnett lifted his shirt and showed the clear outline of a semiautomatic weapon with an extended magazine.
After the meeting, Barnett proceeded to drive to a fast-food restaurant where law enforcement blocked Barnett’s vehicle while he sat in the line of cars for the drive through window. Upon seeing law enforcement, Barnett unsuccessfully attempted to flee by backing up. In the process of attempting to flee, Barnett crashed his vehicle into a civilian’s vehicle parked behind him.
Upon his capture, officers recovered 20.68 grams of cocaine, .99 grams of fentanyl, and oxycodone pills with a total weight of 1.934 grams. Barnett agrees that he possessed the cocaine, fentanyl, and oxycodone with the intent to distribute them. Additionally, Barnett possessed a total of $723 on his person. Of the funds recovered, $200 were ATF funds that were Barnett’s cut from the sale of the semiautomatic rifle. The remaining funds were proceeds of Barnett’s drug trafficking.
As stated in his plea agreement, law enforcement also recovered several items from the vehicle Barnett was operating, including a semi-automatic pistol, an extended magazine with 13 rounds of 9mm ammunition, one 9mm caliber drum magazine loaded with 53 rounds of 9mm caliber ammunition cartridges, two digital scales, torn baggies, gloves, brass knuckles, and St. Mary County’s court documents bearing Barnett’s name.
Barnett knew he was prohibited from possessing firearms and agrees that he possessed the firearm and ammunition in furtherance of his drug trafficking activity. Barnett was prohibited from possessing a firearm or ammunition from a previous drug-related conviction.
United States Attorney Erek L. Barron praised the ATF and the St. Mary Sheriff’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Joseph R. Baldwin, who prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Great Hills Man Sentenced to over Six Years in Federal Prison for Federal Firearm and Drug Trafficking ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis sentenced Daiquan Malik Barnett, age 25, of Great Mills, Maryland, to 78 months in federal prison, followed by five years of supervised release, for possession of controlled substances with intent to distribute, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm and ammunition.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge L.C. Cheeks, Jr of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and St. Mary’s County Sheriff Tim Cameron.
According to his plea agreement, on September 17, 2019, Barnett facilitated the sale of a semiautomatic, assault-style rifle—a transaction surveilled and recorded by ATF. Barnett acted as the middle-man in the transaction and facilitated the transaction by communicating the price of the weapon and the meeting place for the sale. While discussing his personal firearm during the meeting, Barnett lifted his shirt and showed the clear outline of a semiautomatic weapon with an extended magazine.
After the meeting, Barnett proceeded to drive to a fast-food restaurant where law enforcement blocked Barnett’s vehicle while he sat in the line of cars for the drive through window. Upon seeing law enforcement, Barnett unsuccessfully attempted to flee by backing up. In the process of attempting to flee, Barnett crashed his vehicle into a civilian’s vehicle parked behind him.
Upon his capture, officers recovered 20.68 grams of cocaine, .99 grams of fentanyl and oxycodone pills with a total weight of 1.934 grams. Barnett agrees that he possessed the cocaine, fentanyl and oxycodone with the intent to distribute them. Additionally, Barnett possessed a total of $723 on his person. Of the funds recovered, $200 were ATF funds that were Barnett’s cut from the sale of the semiautomatic rifle. The remaining funds were proceeds of Barnett’s drug trafficking.
As stated in his plea agreement, law enforcement also recovered several items from the vehicle Barnett was operating, including a semi-automatic pistol, an extended magazine with 13 rounds of .9mm ammunition, one .9mm caliber drum magazine loaded with 53 rounds of .9mm caliber ammunition cartridges, two digital scales, torn baggies, gloves, brass knuckles, and St. Mary County’s court documents bearing Barnett’s name.
Barnett knew he was prohibited from possessing firearms and agrees that he possessed the firearm and ammunition in furtherance of his drug trafficking activity. Barnett was prohibited from possessing a firearm or ammunition from a previous drug-related conviction.
United States Attorney Erek L. Barron praised the ATF and the St. Mary Sheriff’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Joseph R. Baldwin, who prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Georgia Man Pleads Guilty to Orchestrating Nationwide Tax Fraud SchemeRead the Press Release
WASHINGTON – A Georgia man pleaded guilty today to conspiring to defraud the United States by promoting a nationwide tax fraud scheme to more than 200 participants in at least 19 states. He also pleaded guilty to helping others prepare and file false tax returns for individuals recruited to the scheme.
According to court documents, Iran V. Backstrom, also known as Shariyf Noble, of Milledgeville, was the main promoter of the scheme, which involved recruiting clients and preparing false tax returns on their behalf by convincing them that their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Backstrom and his co-conspirators held seminars across the county to publicize the scheme. As part of the scheme, Backstrom helped prepare and file tax returns for the participants, which collectively sought more than $25 million in refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to or withheld any taxes from these individuals. To make the refund claims appear legitimate, however, Backstrom and his co-conspirators filed tax documents with the IRS that matched the withholding information listed on the tax returns, making them appear as if they had been issued by the banks.
As part of his plea, Backstrom admitted he gave orders to others as part of the scheme. Several of his co-conspirators previously pleaded guilty for their roles in the scheme. Backstrom also admitted that he and his co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared,” submitting false IRS forms designed to appear as if they were created by the participants’ financial institutions and coaching the participants how to conceal the scheme from the IRS. Backstrom further admitted he and his co-conspirators charged participants approximately $10,000 to $15,000 in fees for preparation of each tax return. Although Backstrom personally received approximately $1 million for his role in the scheme, he did not file tax returns for the years 2014, 2015 and 2016 to report this income.
Backstrom’s sentencing will be scheduled for a later date. He faces a maximum penalty of five years in prison for conspiring to defraud the United States and three years in prison for each of the seven counts of aiding and assisting in the preparation and filing of a false tax return. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Karin Hoppmann for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada and Isaiah Boyd III of the Justice Department’s Tax Division and Assistant U.S. Attorney Chauncey A. Bratt for the Middle District of Florida are prosecuting the case.
Georgia Man Pleads Guilty to Orchestrating Nationwide Tax Fraud SchemeRead the Press Release
A Georgia man pleaded guilty today to conspiring to defraud the United States by promoting a nationwide tax fraud scheme to more than 200 participants in at least 19 states. He also pleaded guilty to helping others prepare and file false tax returns for individuals recruited to the scheme.
According to court documents, Iran V. Backstrom, also known as Shariyf Noble, of Milledgeville, was the main promoter of the scheme, which involved recruiting clients and preparing false tax returns on their behalf by convincing them that their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Backstrom and his co-conspirators held seminars across the county to publicize the scheme. As part of the scheme, Backstrom helped prepare and file tax returns for the participants, which collectively sought more than $25 million in refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to or withheld any taxes from these individuals. To make the refund claims appear legitimate, however, Backstrom and his co-conspirators filed tax documents with the IRS that matched the withholding information listed on the tax returns, making them appear as if they had been issued by the banks.
As part of his plea, Backstrom admitted he gave orders to others as part of the scheme. Several of his co-conspirators previously pleaded guilty for their roles in the scheme. Backstrom also admitted that he and his co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared,” submitting false IRS forms designed to appear as if they were created by the participants’ financial institutions and coaching the participants how to conceal the scheme from the IRS. Backstrom further admitted he and his co-conspirators charged participants approximately $10,000 to $15,000 in fees for preparation of each tax return. Although Backstrom personally received approximately $1 million for his role in the scheme, he did not file tax returns for the years 2014, 2015 and 2016 to report this income.
Backstrom’s sentencing will be scheduled for a later date. He faces a maximum penalty of five years in prison for conspiring to defraud the United States and three years in prison for each of the seven counts of aiding and assisting in the preparation and filing of a false tax return. He also faces a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Karin Hoppmann for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada and Isaiah Boyd III of the Justice Department’s Tax Division and Assistant U.S. Attorney Chauncey A. Bratt for the Middle District of Florida are prosecuting the case.
Founder of Werner Enterprises to Pay Civil Penalty for Violating Antitrust Pre-Transaction Notification RequirementsRead the Press Release
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission (FTC), filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia against Clarence L. Werner (Werner). Werner is the founder of Werner Enterprises Inc. (Werner Enterprises), one of the largest truckload carriers in the United States.
The lawsuit alleges that Werner violated the pre-transaction notification and waiting period requirements of the Hart-Scott-Rodino Act of 1976 (HSR Act) for acquisitions of Werner Enterprises voting securities, several of which were large open-market acquisitions made while he was serving as a director of Werner Enterprises. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Werner has agreed to pay a $486,900 civil penalty to resolve the lawsuit.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo pre-transaction antitrust review. Federal courts can assess civil penalties for pre-transaction notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR Act violation, which is adjusted annually, is currently $43,792 per day.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period via email to [email protected] or by post to Maribeth Petrizzi, Special Attorney, United States, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8416, Washington, D.C. 20580. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Found Guilty of Wire Fraud, Bank Fraud, and Money Laundering Bear Man Sentenced to Three Years in Federal PrisonRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced today that a resident of Bear, Delaware was sentenced on Tuesday to 36 months in prison for committing wire fraud, bank fraud, and money laundering against several banks, the Social Security Administration (“SSA”), and Sutter Health, a California healthcare company. Proven losses from the defendant’s schemes totaled approximately $225,000. United States District Judge Leonard P. Stark pronounced sentence.
According to court documents and testimony at the August 2021 trial, Aaron Davis, 44, engaged in a series of schemes with unknown accomplices to defraud the SSA, Sutter Health, Citizens Bank, and SunTrust Bank between July 2017 and October 2017. One scheme involved serially opening bank accounts; depositing money fraudulently taken from Sutter Health and the SSA into those accounts; and withdrawing the money before those funds could be verified. Another scheme involved depositing fraudulent checks into bank accounts and withdrawing funds before the fraudulent nature of the checks could be detected. A third money laundering scheme involved moving the illegally acquired money from one bank account into another to make the funds appear legitimate.
U.S. Attorney Weiss stated, “In a matter of only four months, Mr. Davis successfully stole approximately $225,000 while attempting to steal almost $1.3 million. His schemes victimized the SSA, a nonprofit healthcare company, and banks, all of which provide vital services to millions of individuals across the country. I commend the FBI and the SSA Office of the Inspector General for their steadfast commitment to ensuring justice in this case.”
“Those facilitating and committing money laundering will continue to be investigated, prosecuted, and as in Mr. Davis’ case, sentenced to a significant term of imprisonment”, said Thomas J. Sobocinski, Special Agent in Charge of the FBI Baltimore Field Office. “The FBI applauds the efforts of our partners in the SSA Office of the Inspector General and the United States Attorney’s Office in bringing Mr. Davis to justice. These complex financial crimes often require a web of individuals concealing monetary transactions in order to abscond with their illicit funds, the FBI is committed to unraveling these networks”.
The FBI’s Wilmington Resident Agency and SSA’s Office of the Inspector General investigated this case. Assistant U.S. Attorneys Christopher R. Howland and Shamoor Anis prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 19-CR-101-LPS.
Fort Worth Man Named Coconspirator in Agent’s ‘Secret Probation’ Fraud SchemeRead the Press Release
A Fort Worth man has been named a co-conspirator in retired FBI agent William Stone’s alleged scheme to con a local mother out of more than $700,000 by convincing her she was on “secret probation,” U.S. Attorney for the Northern District of Texas Chad E. Meacham announced today.
Joseph Eventino DeLeon, 63, was charged in a superseding indictment Tuesday with conspiracy to commit wire fraud. He is expected to make his initial appearance in federal court on Wednesday, Dec. 29.
Conspirator William Stone, 62, was first indicted in May for wire fraud, wire fraud conspiracy, false impersonation of a federal officer, and engaging in monetary transactions in property derived from unlawful activity. The superseding indictment, filed on Tuesday, adds Mr. DeLeon as a defendant in the wire fraud conspiracy.
According to the superseding indictment, Mr. DeLeon allegedly conspired with Mr. Stone to convince their victim, a woman identified in court documents as C.T., that she was under “secret probation” for drug crimes in “Judge Anderson’s court in Austin, Texas.”
The pair allegedly told the victim that the fictious federal judge had appointed the two of them to “mentor” and “supervise” C.T. They required her to text them written reports of her daily activities and to compensate them for their supervisory services as well as any expenses they incurred. Over the course of several years, C.T. gave Mr. Stone more than $700,000 and Mr. DeLeon more than $50,000.
Mr. Stone and Mr. DeLeon insisted that C.T. was prohibited from disclosing her probation status to anyone, and would risk imprisonment and loss of her children if she did not comply with the terms of her probation.
In order to convince her the probation was real, the defendants allegedly persuaded C.T. that Mr. Stone had the ability to monitor her cell phone communications, stated that they had discussed C.T.’s probation with a psychiatrist, enlisted another person to impersonate the U.S. Drug Enforcement Administration “Intelligence Center” in a message inquiring about C.T., and even placed spoof calls between Mr. Stone, C.T., and the fictitious Judge Anderson.
They allegedly urged her to distance herself from her family, claiming her family members wanted to take her inheritance away from her, and persuaded her to transfer her inherited assets out of a trust and into an account under her own name. At one point, they allegedly claimed Judge Anderson would discharge C.T.’s probation if C.T. agreed to marry Mr. Stone. Mr. DeLeon even carried a weapon in C.T.’s home while purportedly providing “protective services” for her.
An indictment is merely an allegation of criminal conduct, not evidence. Both Mr. DeLeon and Mr. Stone are presumed innocent until proven guilty in a court of law.
If convicted, Mr. DeLeon faces up to 20 years in federal prison; Mr. Stone faces up to 178 years.
The Texas Rangers and the U.S. Department of Justice Office of Inspector General conducted the investigation with the assistance of the Fort Worth Police Department. Mr. Stone retired from the Federal Bureau of Investigation in October 2015. Assistant U.S. Attorneys Marcus Busch and Katherine Miller are prosecuting the case.
Fort Drum Contracting Officer Indicted for Accepting Gratuities from Contractor Boyfriend in Exchange for Taking Official Action on ContractsRead the Press Release
SYRACUSE, NEW YORK – Cindy McAleese, age 55, of Dexter, New York, was arraigned today on a one-count indictment charging her with conspiring to commit an offense against the United States by seeking and accepting gratuities.
The indictment was announced by United States Attorney Carla B. Freedman; Patrick J. Hegarty, Special Agent in Charge, Department of Defense Office of Inspector General, Defense Criminal Investigative Service; Larry S. Moreland, Special Agent in Charge, U.S. Army Criminal Investigation Division, Mid-Atlantic Fraud Field Office; Joseph Dattoria, Special Agent in Charge of the General Services Administration, Office of the Inspector General; Amaleka McCall-Brathwaite, Special Agent in Charge, U.S. Small Business Administration, Office of Inspector General, Eastern Region; and Joseph Harris, Special Agent in Charge, Department of Transportation Office of Inspector General, Northeastern Region.
The indictment alleges that McAleese, while working as a civilian contracting officer for the U.S. Army at Fort Drum, in Jefferson County, New York, sought and received things of value from local general contractor Sean O’Sullivan, including sports tickets, meals, sexual encounters, and time and attention, in exchange for McAleese’s taking official action on O’Sullivan’s behalf, such as providing O’Sullivan’s company with government contracts and approving payment on those contracts. The indictment also alleges that McAleese and O’Sullivan took steps to keep their relationship a secret from other officials at Fort Drum. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
O’Sullivan has already pled guilty to similar charges and is scheduled to be sentenced on May 11, 2022, by United States District Judge David N. Hurd.
United States Magistrate Judge Thérèse Wiley Dancks released McAleese pending a trial to be scheduled before Judge Hurd in Utica, New York. The charge filed against McAleese carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the Department of Defense Office of Inspector General Defense Criminal Investigative Service; U.S. Army Criminal Investigation Division; General Services Administration, Office of the Inspector General; U.S. Small Business Administration, Office of Inspector General; and Department of Transportation Office of Inspector General, Northeastern Region, and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Former Uber Chief Security Officer to Face Wire Fraud ChargesRead the Press Release
SAN FRANCISCO – A federal grand jury handed down a superseding indictment today adding wire fraud to the list of charges pending against Joseph Sullivan for his role in the alleged attempted cover-up of the 2016 hack of Uber Technologies Incorporated, announced Acting United States Attorney Stephanie M. Hinds and FBI Special Agent in Charge Craig D. Fair. The 2016 hack implicated approximately 57 million user and driver records—Sullivan already was charged with obstruction of justice and misprision of a felony in connection with the alleged attempted cover-up of the incident.
Sullivan, 52, of Palo Alto, Calif., was serving as Uber’s Chief Security Officer when hackers revealed to him that they had accessed and downloaded an Uber database containing personally identifying information, or PII, including approximately 600,000 driver’s license numbers associated with certain Uber drivers. The superseding indictment describes how Sullivan allegedly orchestrated the disbursement of a six-figure payment to two hackers in exchange for their silence about the hack. The superseding indictment further alleges that Sullivan took deliberate steps to prevent persons whose PII was stolen from discovering that the hack had occurred and took steps to conceal, deflect, and mislead the U.S. Federal Trade Commission (FTC) about the data breach.
“Institutions that store personal information of others must comply with the law,” said Acting U.S. Attorney Hinds. “When hacks like this occur, state law requires notice to victims. Federal law also requires truthful answers to official government inquiries. The indictment alleges that Sullivan failed to do either. We allege Sullivan falsified documents to avoid the obligation to notify victims and hid the severity of a serious data breach from the FTC, all to enrich his company.”
“If Mr. Sullivan had immediately reported the breach—instead of misleading the government by withholding information—the FBI could have been better able to assist Uber; also, the data breach of at least one additional large tech company may have been prevented,” said FBI Special Agent in Charge Fair. “This case should serve as an example to corporations and company executives that working with the FBI is crucial when dealing with the aftermath of a breach; such communication is a best practice in preventing the loss of data and private information.”
The newly filed allegations of wire fraud center around Sullivan’s attempt to defraud Uber’s drivers by failing to disclose the 2016 breach. Specifically, the superseding indictment describes how California law, under certain circumstances, requires businesses operating in the state to notify residents whose information may have been stolen in such data breaches. The superseding indictment further alleges that, rather than notify the drivers of the breach, Sullivan took deliberate steps to ensure Uber’s drivers and others did not learn the true nature of the incident. Among the steps taken by Sullivan to suppress discovery of the breach was his plan to have two of the hackers execute non-disclosure agreements. The non-disclosure agreements falsely stated the hackers had neither taken nor stored Uber’s data in the 2016 breach. In addition, Sullivan allegedly misrepresented to Uber’s new chief executive officer the nature and scope of the data that was compromised; falsely suggested to the new CEO that the incident was not a data breach; and sent an email falsely claiming that the data breach was not, in fact, a data breach at all, but rather an incident that was no more severe than other security incidents.
The superseding indictment also incorporates the obstruction of justice and misprision of a felony charges described in previously filed documents. Documents filed earlier in the case provide background for the charges. For example, the documents describe how Sullivan played a pivotal role in responding to FTC inquiries about Uber’s cyber security. Specifically, Uber had been hacked in September of 2014 and the FTC was gathering information about that 2014 breach. After the FTC demanded responses to written questions and required Uber to designate an officer to provide testimony under oath on a variety of topics, Sullivan assisted in the preparation of Uber’s responses to the written questions and was designated to provide sworn testimony on a variety of issues. On November 14, 2016, approximately 10 days after providing his testimony to the FTC, Sullivan received an email from a hacker informing him that Uber had been breached again. Sullivan’s team was able to confirm the breach within 24 hours of his receipt of the email.
Rather than report the 2016 breach, Sullivan allegedly took deliberate steps to prevent knowledge of the breach from reaching the FTC. For example, as described above, Sullivan arranged to pay off the hackers in exchange for them signing non-disclosure agreements that contained the false representation that the hackers did not take or store any data. In addition, Sullivan sought to pay the hackers off by funneling the payoff through a bug bounty program—a program in which a third-party intermediary arranges payment to so-called “white hat” hackers who point out security issues but have not actually compromised data. In addition, Uber paid the hackers $100,000 in BitCoin in December 2016, despite the fact that the hackers refused to provide their true names. Uber was ultimately able to identify the two hackers in January 2017 and required them to execute new copies of the non-disclosure agreements in their true names. The two hackers identified by Uber were ultimately prosecuted in the Northern District of California. Both pleaded guilty on October 30, 2019, to computer fraud conspiracy charges and now await sentencing. The separate guilty pleas entered by the hackers demonstrate that after Sullivan assisted in covering up the nature of the hack of Uber, the hackers were able to commit an additional intrusion at another corporate entity—Lynda.com—and attempt to ransom that data as well.
The superseding indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Sullivan is charged with three counts of wire fraud, in violation of 18 U.S.C. § 1343; obstruction of justice, in violation of 18 U.S.C. § 1505; and misprision of a felony, in violation of 18 U.S.C. § 4. If convicted, he faces a maximum statutory penalty of 20 years in prison for each count of wire fraud, five years in prison for the obstruction charge, and a maximum three years in prison for the misprision charge. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Sullivan’s arraignment on the new charges has not yet been scheduled.
Uber’s new management ultimately discovered the truth about the breach and disclosed the breach publicly, and to the FTC, in November 2017. Since that time, Uber has responded to additional government inquiries.
The case is being prosecuted by the Corporate and Securities Fraud Section of the U.S. Attorney’s Office. The prosecution is the result of an investigation by the FBI.
Former Milwaukee County Judge Sentenced to 9 Years for Distributing Child PornographyRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, and Wisconsin Attorney General Josh Kaul announced that Brett Blomme, 39, Cottage Grove, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 9 years in prison, followed by 20 years of supervised release, for distributing child pornography. Blomme pleaded guilty to this charge on September 28, 2021. At the time he committed this offense, Blomme was a Milwaukee County Children’s Court judge.
On January 28, 2021, the Wisconsin Department of Justice Division of Criminal Investigation (DCI) received a CyberTip from the National Center for Missing and Exploited Children. According to the CyberTip, a person with the username “dommasterbb” used Kik Messenger to distribute 27 files of child pornography. The images and videos showed prepubescent children posing in lewd and lascivious positions, underage children performing sexual acts on adults, and adults sexually abusing minors.
DCI obtained a search warrant for dommasterbb’s Kik account. In response to this warrant, DCI agents received detailed information associated with dommasterbb’s profile, which included a personal email address. Information from the email provider showed Blomme used the email address linked to dommasterbb’s Kik account.
DCI agents also reviewed log files they received from Kik. These log files captured transactional data each time dommasterbb distributed the child pornography, including the IP address. Subscriber information associated with the IP addresses showed Blomme distributed child pornography from his house in Cottage Grove, a residence in the Milwaukee area, and the Milwaukee County Children’s Court Center where he worked.
When DCI agents executed a search warrant at Blomme’s residence, they found electronic devices that contained numerous text messages between Blomme and other individuals that centered on Blomme’s sexual interest in children.
At sentencing, Judge Peterson highlighted the egregious nature of the material Blomme distributed and described it as the “worst of the worst.” Judge Peterson also noted that Blomme’s sustained pattern of illegal behavior while sitting as a judge was an aggravating factor that supported a significant term of imprisonment.
“Today’s sentence sends an unambiguous message that we will track down and hold accountable those who distribute child sexual abuse material,” said Acting U.S. Attorney O’Shea. “Every time an image of child sexual abuse is shared, it re-victimizes that child. No one is above the law and I am grateful to our law enforcement partners who helped ensure that the defendant would be held accountable for his crimes.”
“The Wisconsin Department of Justice’s Division of Criminal Investigation does important work to protect children’s safety, including investigating internet crimes against children,” said Attorney General Kaul. “Thank you to the investigators and prosecutors who have ensured that these heinous and deeply disturbing crimes have resulted in serious consequences.”
The charge against Blomme was the result of an investigation conducted by DCI. Assistant U.S. Attorney Chadwick M. Elgersma and Wisconsin Assistant Attorney General David Maas prosecuted this case.
Florida Man Sentenced to over Four Years in Prison for Bank Fraud and Wire Fraud Conspiracy Involving the Theft of More Than 2,000 Checks Intended for Religious InstitutionsRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Nicolae Gindac, age 52, of Dania Beach, Florida, yesterday to 54 months in federal prison, followed by three years of supervised release, for conspiracy to commit bank fraud and wire fraud, in connection with a conspiracy to steal and deposit checks intended for religious institutions. Judge Chuang also ordered Gindac to pay restitution, along with co-conspirators, in the amount of $1,096,660.11.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Postal Inspector in Charge Daniel A. Adame of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Shimon R. Richmond of the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); Chief Marcus Jones of the Montgomery County Police Department; Chief Toni Dezomits of the Cary, North Carolina, Police Department; and Sheriff Dusty Rhoades of the Williamson County, Tennessee, Sheriff’s Office.
According to his plea agreement, from at least June 2018 to January 2021, Gindac and at least five co-conspirators stole and negotiated checks from the U.S. mail intended for religious institutions. Gindac’s co-conspirators executed the thefts by driving to roadside mailboxes and directly removing the mail from the religious institutions’ mailboxes.
As part of the scheme to defraud, Gindac and other co-conspirators opened fraudulent bank accounts at several victim financial institutions under false identities and negotiated stolen checks by way of ATMs. Gindac deposited stolen checks into fraudulent bank accounts held in the names of his family members, including a minor family member, and others. Gindac and his co-conspirators subsequently withdrew the stolen funds and spent them using debit cards associated with fraudulently opened bank accounts and other bank accounts.
As detailed in his plea agreement, Gindac deposited or was present when at least $64,811.03 was deposited into 13 fraudulent accounts. The fraudulent accounts received a total of approximately $139,057.58 from 143 stolen checks.
On February 6, 2021, law enforcement arrested Gindac and recovered approximately $7,930.38 in cash, as well as a yellow-gold and diamond-encrusted Rolex men’s watch. Gindac also used some of the stolen proceeds of the conspiracy to purchase a BMW 745i Sport sedan.
In total, the conspiracy received at least $1,065,282.53 from 2,477 stolen checks.
Two co-conspirators were recently extradited to the United States. Vlad Baceanu, age 37, was extradited from Romania, and Florin Vaduva, age 30, was extradited from the United Kingdom. They had their initial appearances on November 24 and November 22, 2021, respectively. Co-conspirators Marian Unguru, age 36, Vali Unguru, age 19, and Daniel Velcu, age 43, all of Baltimore, Maryland, and Mateus Vaduva, age 29, of Hollywood, Florida, have pleaded guilty to their roles in the conspiracy and are awaiting sentencing. Co-defendant Marius Vaduva, age 27, of Hollywood, Florida, has a re-arraignment scheduled on January 6, 2022, at 10:00 a.m. In addition to Vlad Baceanu and Florin Vaduva, one other co-conspirator is awaiting trial.
United States Attorney Erek L. Barron commended the U.S. Postal Inspection Service, HSI, the FDIC Office of Inspector General, the Montgomery County Police Department, the Cary (North Carolina) Police Department, and the Williamson County (Tennessee) Sheriff’s Office for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Elizabeth Wright, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Flathead Valley construction company owner admits wire fraud schemeRead the Press Release
MISSOULA – A Flathead Valley construction company owner accused in a scheme to defraud customers by spending money intended for projects on unrelated business and personal expenses admitted to a wire fraud crime today, U.S. Attorney Leif M. Johnson said.
Craig Mark Draper, 55, of Las Vegas, Nevada, pleaded guilty to one count of wire fraud. Draper faces a maximum of 20 years in prison, a $250,000 fine and three years of supervised release.
According to a plea agreement filed in the case, the parties agree that at sentencing, if the Court accepts the agreement, the government will seek dismissal of nine other counts of wire fraud and two counts of money laundering as charged in an indictment. In addition, restitution is mandatory. The government anticipates seeking at least $436,986 restitution, but the final amount will be determined by the Court.
U.S. District Judge Donald W. Molloy presided. Judge Molloy set sentencing for April 14, 2022. Draper was released pending further proceedings.
The government alleged in court documents that in 2017, Draper moved to the Flathead Valley and formed a construction company called ADI Builders. Draper started bidding on a variety of jobs, including the construction of pole barns, shops and residential remodels. In several instances, Draper provided invoices to customers for specific expenses associated with their projects. In the wire fraud count to which Draper pleaded guilty, he sent an invoice to a customer for $59,002, which included $8,000 in charges for siding. The customer wired $59,002 to Draper. The customer never received siding from Draper and eventually paid the vendor directly for the siding included in Draper’s invoice. Draper used some of the wired money for personal expenses unrelated to the customer’s project, including paying a company in Iowa for trophies for the winners of car races, paying an outfitter in Utah, making cash withdrawals and paying $9,500 to the Salish and Kootenai Tribes to lease their racetrack.
Assistant U.S. Attorney Timothy J. Racicot is prosecuting the case, which was investigated by the FBI.
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Final Two of Ten Women Sentenced in Multi-Defendant Tax Fraud SchemeRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced today that Lynell Hughes, age 35, St. Croix, Virgin Islands and Nicolette Alexander, age 30, of St. Thomas, Virgin Islands, were sentenced recently in federal court by Judge Wilma A. Lewis for their part in a 10- defendant tax fraud scheme to defraud the United States Government. On December 17, 2021, Hughes was sentenced to nine months incarceration followed by three years of supervised release for her part in a multi-defendant tax fraud scheme. Hughes also must pay restitution of $90,149.71 to the Internal Revenue Service (I.R.S.), which represents the amount of falsely claimed tax returns determined to be deposited into her bank accounts as a result of the scheme. She had pled guilty on August 18, 2018 to Conspiracy to Defraud the United States. On December 21, 2021, Alexander was sentenced to a term of three years of probation and was ordered to pay restitution in the amount of $17,537 to the I.R.S. Alexander pled guilty on May 14, 2021 to Conspiracy to Defraud the United States. Per plea agreement, the remainder of the counts against the defendants were dismissed.
According to the plea agreements filed with the court, from January 2011 to July 2012, Lynell Hughes, Nicolette Alexander and others participated in a scheme to steal money from the United States treasury by fraudulently obtaining federal income tax refunds. The scheme involved the acquisition of personal identifying information of individuals (i.e. name, social security number, and date of birth) used to electronically file falsified tax returns with a designation of refunds to the acquired bank accounts or debit cards. Defendants and their co-conspirators withdrew the deposited refunds, spent them using a debit card or transferred them to other accounts, all for personal use.
Of ten defendants charged in the tax fraud scheme, Hughes and Alexander are the final two to be sentenced and are two of nine to plead guilty. The tenth defendant, Jacinta Gussie, was found guilty in June of 2021 after a six-day trial of Conspiracy to Defraud the United States, four counts of Theft of Government Money, and two counts of Aggravated Identity Theft. Jacinta Gussie was sentenced on November 12, 2021 to 3.75 years of prison and ordered to pay $44,561.11 in restitution. The prosecution of this fraud scheme is the result of years of investigative work by the Internal Revenue Service-Criminal Investigations, which identified and dismantled a massive stolen identity refund fraud scheme perpetrated in the Virgin Islands and elsewhere.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorney Melissa Ortiz.
Fentanyl Distributor Sentenced to 10 Years in Federal PrisonRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza has sentenced Jose Manuel Gonzalez-Gonzalez (49, Kissimmee) to 10 years in federal prison for conspiracy to distribute one kilogram of fentanyl. The Court also ordered Gonzalez-Gonzalez to forfeit a vehicle used to facilitate the offense.
Gonzalez-Gonzalez had pleaded guilty on October 7, 2021.
According to court documents, from November 2020 through February 2021, Gonzalez-Gonzalez communicated with a source working with the Drug Enforcement Administration. In November 2020, Gonzalez-Gonzalez agreed to sell two kilograms of heroin to the source, but that transaction was not consummated because he demanded a photograph of the $116,000 the source had agreed to provide. In February 2021, Gonzalez-Gonzalez again arranged to sell two kilograms of heroin to the source, this time agreeing to deliver the first of two kilograms before receiving $58,000 in payment. On February 2, 2021, Gonzalez-Gonzalez arranged for a conspirator, Miguel Angel Ramirez-Laboy (41 Kissimmee), to drive separately to Haines City to meet with the purported buyer with the kilogram of drugs in his vehicle. During that trip, law enforcement stopped Ramirez-Laboy and found him to be transporting 1004.9 grams of fentanyl. Fentanyl is added to heroin to increase its potency or to disguise it as highly potent heroin.
Ramirez-Laboy pleaded guilty on August 16, 2021 and was sentenced to 24 months’ incarceration on October 19, 2021.
This case was investigated by the Drug Enforcement Administration, with assistance from the Florida Highway Patrol, Florida Department of Law Enforcement, and Osceola County Investigative Bureau. It was prosecuted by Assistant United States Attorney Dana E. Hill.