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7 January 2022
Former Westlake Bank Teller Sentenced to Prison for Embezzling from EmployerRead the Press Release
U.S. Attorney Bridget M. Brennan announced that Arin Kumhall, 38, of North Olmsted, Ohio, was sentenced on January 6, 2022, by Judge James S. Gwin to five months in prison, to be followed by five months of home confinement, after Kumhall pleaded guilty to embezzling nearly $73,000 from her employer.
According to court documents, Kumhall was employed as a bank teller at a Citizens Bank in Westlake, Ohio. In addition to traditional teller responsibilities, Kumhall was responsible for ordering, receiving and inputting cash into the bank’s internal reporting system for the branch.
Court records state that on multiple occasions from September to December of 2020, Kumhall ordered a set amount of cash to be delivered to the branch. However, after the delivery, Kumhall entered and reported an amount lower than what had been delivered into the bank’s internal reporting system.
The FBI obtained and reviewed Kumhall’s personal bank account information and observed an increase in cash deposits and online gambling activity from September 2020 through December 2020.
This case was investigated by the Cleveland FBI and was prosecuted by Assistant U.S. Attorneys Brian McDonough and Erica Barnhill.
Former Virginia Beach Woman Sentenced for International Parental KidnappingRead the Press Release
NORFOLK, Va. – A woman formerly from Virginia Beach was sentenced today to 2 years in prison for international parental kidnapping.
According to court documents, Kathleen Shehadeh, 32, had joint custody of A.G. with her ex-husband. A.G. spent time with both parents based on a court-ordered schedule. Unknown to the father, Shehadeh applied for and was granted a New Zealand passport for A.G. In July 2018, Shehadeh took then two-year-old A.G. and fled Virginia Beach. They first went to Mexico City, Mexico. Shehadeh then took the girl to Bogota, Columbia, and, finally, to Spain. Shehadeh wrote a letter to the father, in which Shehadeh falsely stated that she and A.G. were moving out west and would let him know the exact address once they were settled. The father did not hear from Shehadeh or know where his daughter was for over two years.
Finally, in August 2020, the father tracked Shehadeh and his daughter to Tenerife, Spain, and was able to reunite and come back to the United States with A.G. Shehadeh was arrested by the Spanish authorities on the federal warrant and eventually waived extradition to return to the United States and face the charge.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by Senior U.S. District Judge John A. Gibney, Jr.
Assistant U.S. Attorney Elizabeth Yusi prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:21-cr-15.
Former Senior Policy Advisor to City of Austin Official Pleads Guilty to Conspiring to Misapply Federal Funds and to Falsify RecordsRead the Press Release
AUSTIN – A Dripping Springs man pleaded guilty today to conspiring to misapply federal funds and falsify records with the intent to impede, obstruct, or influence an investigation into a matter within the jurisdiction of an agency of the United States.
According to court documents, in April 2015, Frank Rodriguez, 71, began to serve as a senior policy advisor to an Austin city official. Rodriguez had previously served as the Executive Director of a local nonprofit organization and as a member of a City advisory commission. In June 2015, while employed by the City, Rodriguez submitted an application on the nonprofit’s behalf to a federal agency for federal Affordable Care Act navigator grant funding. In the application, Rodriguez falsely stated that he was the nonprofit’s “Chief Development Officer” and “Authorized Representative.”
In September 2015, the nonprofit was awarded a federal grant pursuant to the application that he submitted. Shortly thereafter, Rodriguez emailed an employee of the nonprofit, writing that he wanted to make sure that they “were on the same page with respect to [his] fee” for the grant, which was “10% of the grant.”
In December 2015, Rodriguez emailed the nonprofit employee a draft “consulting agreement,” stating that he had drafted it so as to address “any issue that someone might have that the payments are for navigator grant work.” Rodriguez was subsequently paid more than $20,000 by the nonprofit in “consulting fees” between December 2015 and December 2016 after the execution of the “consulting agreement.” Those “consulting fees” were in fact a commission on the federal grant in return for his preparation of the grant application.
Rodriguez continued to work on the nonprofit’s behalf while a City employee by, among other things, providing confidential City information to the nonprofit, recommending that the nonprofit receive continued City funding, and undermining the nonprofit’s competitors for City funding.
In 2017, the Auditor’s Office for the City of Austin commenced an investigation regarding Rodriguez’s conduct as a member of the City commission and as a City employee. In January 2018, during the course of the City Auditor’s investigation, Rodriguez drafted a letter to the City Auditor that contained multiple false statements regarding his relationship with the nonprofit, and the letter was later finalized and submitted to the City Auditor. At a June 2019 City ethics hearing, Rodriguez testified falsely under oath that the money he had been provided by the nonprofit was reimbursement for previous expenses incurred on the nonprofit’s behalf.
Rodriguez pleaded guilty to one count of conspiracy to misapply federal funds and to falsify records in an investigation within the jurisdiction of an agency of the United States. He is scheduled for sentencing on March 24, 2022 and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Christopher Combs made the announcement.
The FBI is investigating the case.
Assistant U.S. Attorneys Gabriel Cohen and Alan Buie are prosecuting the case.
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Former Sales Representative Admits Role in Compounding Prescription Drug SchemeRead the Press Release
NEWARK, N.J. – A former sales representative today admitted his role in a scheme to defraud New Jersey state health benefits programs, U.S. Attorney Philip R. Sellinger announced.
Scott Shekitka, 42, formerly of Westwood, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging him with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
Compounding is a practice in which a pharmacist or physician combines, mixes, or alters ingredients of a drug to create a medication tailored to the needs of an individual patient. The Food and Drug Administration does not approve compounded drugs and thus does not verify the safety, potency, effectiveness, or manufacturing quality of compounded drugs. Generally, a physician may prescribe compounded drugs when an FDA-approved drug does not meet the health needs of a particular patient.
Between June 2014 and February 2016, Shekitka worked as a sales representative for a marketing company that marketed and sold compounded drugs, including pain and scar creams, metabolic supplements and vitamins. Shekitka recruited patients, including family members, who had prescription drug coverage under the New Jersey State Health Benefits Program and the New Jersey School Employee’s Health Benefits Program, to obtain medically unnecessary prescriptions for compounded drugs. Shekitka paid certain patients he recruited to obtain these medically unnecessary prescriptions and directed patients to telemedicine companies that were paid by the marketing company or its affiliates. The prescribing physicians at the telemedicine companies would then write the prescriptions without performing any examination or after deliberately conducting cursory examinations that were insufficient to legitimately deem a compounded drug medically necessary.
The marketing company directed the medically unnecessary prescriptions to certain compounding pharmacies that then paid the marketing company a percentage of the health care benefit reimbursement payments they received for each prescription that Shekitka referred. The marketing company, in turn, paid Shekitka based on the compounded prescriptions he generated.
The conspiracy to commit health care fraud charge carries a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gain or loss from the offense. As part of his plea agreement, Shekitka must forfeit $329,639 in criminal proceeds and pay restitution of at least $1.39 million. Sentencing is scheduled for May 12, 2022.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s plea.
The government is represented by Assistant U.S. Attorney Adam Baker of the U.S. Attorney’s Office’s Opioid Abuse Prevention and Enforcement Unit in Newark.
Former Lincoln Police Department Dispatcher Pleads Guilty to Child Pornography ChargesRead the Press Release
BOSTON – A former dispatcher for the Lincoln Police Department pleaded guilty yesterday in federal court in Boston to charges of child pornography.
Spencer Hughes, 33, of Randolph, pleaded guilty to one count of receipt of child pornography and one count of possession of child pornography involving a prepubescent minor or a minor who had not attained 12 years of age. U.S. District Court Judge Denise J. Casper scheduled sentencing for May 5, 2022. Hughes was indicted in November 2020.
A search of Hughes’ residence in October 2020 resulted in the recovery of multiple electronic devices and external hard drives. An on-site preliminary forensic examination revealed multiple folders saved to the Hughes’ external hard drive under what appeared to be female names. One folder contained approximately 19 digital files depicting child pornography, including images and videos. This folder included a prepubescent minor female who appeared to be younger than the age of 12 engaged in sexual conduct, among other things. Further analysis of the Hughes’ electronic devices revealed more than 2,200 images and approximately 68 videos of child pornography. Prior to the search, Hughes was employed by the Town of Lincoln Police Department as a dispatcher.
The charge of receipt of child pornography provides for a mandatory minimum sentence of five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, five years to life of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney J. Mackenzie Duane of Mendell’s Major Crimes Unit are prosecuting the case.
The case was brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Former Hastings Insurance Agent Sentenced for Mail FraudRead the Press Release
United States Attorney Jan Sharp announced that Codie D. Malesker, age 47, of Hastings, Nebraska, was sentenced today in Lincoln, Nebraska, by United States District Judge John M. Gerrard to five years’ probation for Mail Fraud. As part of his probation, Malesker will have to serve 15 weekends in jail, and he was ordered to pay $63,443.77 in restitution.
Malesker was an insurance agent with Midwest Regional Agency since July 15, 2013 and he operated Malesker Agency, LLC in Hastings. Malesker also served as a pastor and board member at Faith Community Tabernacle in Hastings. Malesker was also a partner in a construction company, Shaun Peck Family Construction, LLC. Malesker’s responsibilities with Shaun Peck Family Construction, LLC were to manage the financial management of the company. As a result of this position, Malesker had access to the bank account of the construction company, retained possession of the checks and debit cards for the company, as well as having access to an Intuit account to generate estimates with the company letterhead.
Over a roughly four-year period, Malesker issued policies to himself, his insurance agency, and Faith Community Tabernacle and then made fraudulent claims against those policies and would divert those proceeds to accounts controlled by himself. As a result of this scheme to defraud, Malesker caused an actual loss of $76,296.48. In one such instance, Malesker filed a theft loss claim against his Continental Western Insurance Group policy reporting $13,388 in premium cash and $18,723.11 in personal property as being stolen from the Malesker Agency Office. In support of this claim, Malesker submitted fraudulent receipts and bank records. As a result of this fraudulent claim, Continental Western Insurance Group mailed two claims checks totaling $31,648.77 from Des Moines, Iowa to Malesker in Hastings.
This case was investigated by the Nebraska Department of Insurance and the United States Postal Inspection Service.
Former Erie Teacher and Coach Pleads Guilty to child Exploitation OffensesRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania pleaded guilty in federal court to charges of violating federal laws relating to the sexual exploitation of children, United States Attorney Cindy K. Chung announced today.
Gregory Samuel Mancini, 32, pleaded guilty to three counts before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the Court was advised that on November 2, 2018, Mancini travelled to Georgia from Erie, Pennsylvania for the purpose of engaging in illicit sexual conduct with a minor. Upon arriving in Georgia, Mancini traveled to meet with the minor and was subsequently taken into custody by the Hall County, Georgia Sheriff’s Office. When interviewed Mancini admitted that he had engaged in sexual talk with the minor victim and that he had crossed the line. Mancini also admitted that he was a criminal.
The investigation uncovered that Mancini had groomed the victim for months, discussing his intention to engage in sex acts with the minor. He told the victim to keep quiet about their contact and that he loved the victim who was thirteen years of age at the time. After Mancini told the victim that he was coming to visit him on November 2, 2018, the victim became upset and ultimately the Hall County Sheriff’s Office was contacted. They then assumed the victim’s identity online and Mancini began communicating with an undercover detective whom he thought was the victim. During his communication with the undercover detective, Mancini, thinking he was communicating with the minor victim, stated “i want u, I love u.” Shortly before his arrest, Mancini again thinking he was communicating with the minor victim, texted “I want to hug u … kiss u … love u.”
After Mancini’s arrest, federal authorities in Georgia transferred the case to Erie for further investigation. That inquiry ultimately uncovered that Mancini was using the dark web to obtain child sexual abuse material. The execution of a federal search warrant at Mancini’s residence in Erie County on January 9, 2020, resulted in the seizure of two computers and a thumb drive belonging to Mancini. A forensic examination of those items revealed hundreds of items of child sexual abuse material depicting children as young as two being raped and abused by adults. Also uncovered was a journal Mancini had written wherein he admitted that he was attracted to younger boys.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.
Judge Baxter scheduled sentencing for May 6, 2022. The law provides for a total sentence of 70 years in prison, a fine of $750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Homeland Security Investigations and the Hall County, Georgia Sheriff’s Office conducted the investigation that led to the prosecution of Mancini.
Former Biloxi VA Employee Sentenced to Prison for Stealing VA PropertyRead the Press Release
Gulfport, Miss. – A Saucier man was sentenced to serve 12 months in federal prison for stealing government property, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jeffrey A. Breen of the Veterans Affairs (VA) Office of Inspector General, South Central Field Office.
Chad Jacob, 55, was also ordered to pay a $40,000 fine and $23,584 in restitution to the VA.
According to court documents, Jacob stole personal protective equipment (“PPE”), electronics, and medical equipment while working as the Assistant Chief of Supply Chain Management for the Gulf Coast Veterans Health Care System. Starting in 2019 and continuing to December 2020, Jacob stole items belonging to the VA and resold them to local pawn stores and on his personal eBay account. In total, Jacob made more than $50,000 selling the stolen N-95 masks and over $9,000 selling stolen iPads and iPhones.
The case was investigated by the VA Office of Inspector General.
Assistant U.S. Attorney Kathlyn R. Van Buskirk prosecuted the case.
Former Alderman Received Federal SentenceRead the Press Release
Jackson, TN – Former Selmer, TN Alderman, Nickolas Atkins, 42, has been sentenced to federal prison for 48 months for conspiracy to possess with the intent to distribute cocaine. U.S. Attorney Joseph C. Murphy Jr. announced the sentence today.
According to information presented in court, in March 2018, a joint-task force investigation was initiated into the activities of a drug trafficking organization run by Timmy Jermaine Cole, - which involved the distribution of large quantities of methamphetamine, marijuana, and cocaine from individuals in Mexico to West Tennessee.
Through the interception of the Title III wiretaps, agents learned Atkins distributed marijuana, cocaine, and pills, as well as conducted a money laundering operation surrounding a restaurant owned by Cole. Atkins would pay the bills at the Hungry Wolf Restaurant in exchange for narcotics. It was determined, through Title III intercepts, witness statements and surveillance, Atkins was responsible for 250 pounds of marijuana, 3 ounces of cocaine, over 600 pills containing hydrocodone, and 77 units of testosterone. Also, Atkins sold pills containing hydrocodone out of Moody Auto Sales, where he was employed. During one of the intercepted calls between Atkins and Cole, Atkins told Cole that he had someone complain about the quality of marijuana.
Approximately four days later, there was another call where Atkins confirmed with Cole that Atkins owed Cole for three "cuties." Testimony would have been presented at a trial that based upon training and experience of law enforcement officers a "juice" is an ounce of cocaine, a "cutie" is known to law enforcement as a quarter ounce of cocaine and "girl" is code, for cocaine.
Additionally, Atkins utilized his position in the community as a former Alderman to obtain information from law enforcement and other members of the community to share with Cole in hiding his drug trafficking activity from law enforcement. For example, on December 7, 2019, Cole and Atkins were intercepted discussing Atkins having a party at the Hungry Wolf Restaurant where there would be a Court Clerk present. The two discussed how she would be a good person to know because "she would tip you off and tell you when they are getting ready to serve." There were additional calls where the two would discuss who were "Fed Agents" and how they knew them.
On December 12, 2019, while the drug task force was conducting surveillance around the Hungry Wolf Restaurant, Atkins was intercepted telling Cole that he was being followed by a black Durango and that it was the drug task force.
On December 17, 2021, Atkins pled guilty.
This case was investigated by the Selmer Police Department, 24th Judicial District Drug Task Force, Decatur County Sheriff’s Office, Lexington Police Department, Dyersburg Police Department, McNairy County Sheriff’s Office, Hardeman County Sheriff’s Office, and the FBI.
On January 4, 2022, Chief U.S. District Judge S. Thomas Anderson sentenced Atkins to 48 months in federal prison to be followed by three years’ supervised release. There is no parole in the federal system.
Assistant U.S. Attorney Hillary Lawler Parham prosecuted this case on behalf of the government.
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Foreign National Pleads Guilty to Conspiracy to Commit Bank Fraud and Wire Fraud in Relation to Multiple Religious InstitutionsRead the Press Release
Greenbelt, Maryland – Marius Vaduva, age 27, of Baltimore, Maryland, pleaded guilty yesterday to conspiracy to commit bank fraud and wire fraud. As part of his plea agreement, Vaduva will be ordered to pay at least $1,320,829.23 in restitution.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Postal Inspector in Charge Charles Wickersham 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 guilty plea, beginning in June 2018 to January 2021, Vaduva and his co-conspirators conspired to steal checks from the U.S. mail intended for religious institutions and deposit the illegally obtained funds into multiple fraudulent bank accounts at various victim financial institutions. Conspirators, including Vaduva, conducted the thefts by driving to roadside mailboxes of churches and other religious institutions and removing the mail, specifically targeting donation checks.
As part of the scheme to defraud, Vaduva and other co-conspirators fraudulently opened bank accounts at victim financial institutions under false identities. Conspiracy members often opened fictitious bank accounts with the aid of a conspiracy member that was an employee at one of the victim financial institutions. In addition, Vaduva and his co-conspirators used at least two extended family members who were minors to assist in the account openings.
Vaduva and co-conspirators then withdrew cash from the fraudulent bank accounts through ATMs and spent the illegally obtained proceeds using debit cards associated with the bank accounts. Additionally, Vaduva deposited stolen checks in fraudulently opened bank accounts held in others’ identities. Vaduva opened at least nine fraudulent accounts between October 24, 2019 to November 20, 2019. The same nine fraudulent accounts received a total of 119 stolen checks totaling approximately $41,528.99. Vaduva also deposited at least four stolen checks totaling approximately $2,120.69 into other bank accounts. Those checks had been stolen from religious institutions in North Carolina and Virginia.
Further, upon his arrest in February 2021, Vaduva’s cell phone contained images of at least 21 stolen checks, totaling $10,119.68.
In total the conspiracy stole at least approximately $1,320,829.69 from 3,075 stolen checks.
Co-conspirators Daniel Velcu, age 43, of Baltimore, Maryland; Marian Unguru, age 36, of Baltimore, Maryland; and Vali Unguru, age 19, of Baltimore, Maryland, previously pled guilty to conspiracy to commit bank fraud and wire fraud. Nicole Gindac, age 52, of Dania Beach, Florida pled guilty to the same charge and was sentenced to 54 months in federal prison. Mateus Vaduva, age 29, of Baltimore, Maryland pled guilty to conspiracy to commit bank fraud and wire fraud and is scheduled to be sentenced on February 18, 2022 at 2:00 p.m.
Vaduva faces a maximum sentence of 30 years in prison followed by five years of supervised release for conspiracy to commit bank fraud and wire fraud. U.S. District Judge Theodore D. Chuang has scheduled sentencing for June 2, 2022 at 2:00 p.m.
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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Five Alleged Jersey City Gang Members Charged with Murders of Rival Gang Member and 17-Year-Old BystanderRead the Press Release
NEWARK, N.J. – Five alleged members and associates of a neighborhood-based Jersey City, New Jersey, gang were charged for their roles in two gang-related shootings, U.S. Attorney Philip R. Sellinger announced today.
Shaquan Rush, aka “Nut,” aka “Sha,” 21; Darby Shirden, aka “GoHard,” aka “GH,” 21; and Jeremy Perez, aka “Smoov,” aka “JSmoov,” 23, all of Jersey City, are each charged by complaint with one count of murder in aid of racketeering, one count of attempted murder in aid of racketeering, and two counts of discharging a firearm during and in relation to a crime of violence. Devon Tutten, aka “Joker,” 24; and Tyree Witherspoon, aka “Surf,” aka “Sonny,” 29, both of Jersey City, were also each charged with one count of murder in aid of racketeering and one count of discharging a firearm during and in relation to a crime of violence. The defendants will make their initial appearances at a date to be determined.
According to the complaint:
Rush, Shirden, Perez, Tutten, and Witherspoon are all associated with neighborhood-based street gangs in Jersey City – specifically, a street gang that operates in the area of Rutgers Avenue and Triangle Park.
On April 1, 2020, in retaliation for the murder of a high-ranking Rutgers Avenue gang member on March 31, 2020, Rush, Shirden, and Perez traveled to the territory of rival gang members that associate with the Salem Lafayette Apartments and opened fire on a group of people on the street. Two victims were shot: one individual associated with the Salem Lafayette street gang and a 17-year-old girl who was walking down the street. The girl died the following day as a result of her gunshot wound.
On April 4, 2020, in retaliation for an attempted shooting on April 3, 2020, Tutten and Witherspoon traveled to the territory of rival gang members that associate with Wilkinson Avenue and opened fire on a group of people on the street. An individual associated with the Wilkinson street gang was shot in the head and pronounced dead shortly thereafter.
The charge of murder in aid of racketeering activity carries a mandatory punishment of death or life in prison without the possibility of parole. For their respective charges for discharging a firearm during and in relation to a crime of violence, all five defendants face mandatory minimum terms of 10 years in prison and a maximum sentence of life, which must run consecutively to any term of imprisonment imposed on any other charges. For their respective charges for attempted murder in aid of racketeering, Rush, Shirden, and Perez also face additional terms of imprisonment of up to 10 years.
U.S. Attorney Sellinger credited the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez; the Jersey City Police Department, under the direction of Public Safety Director James Shea; and special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Field Division, under the direction of Special Agent in Charge Jeffrey L. Matthews, with the investigation leading to the charges.
This investigation was conducted as part of the Jersey City Violent Crime Initiative (VCI). The VCI was formed in 2018 by the U.S. Attorney’s Office for the District of New Jersey, the Hudson County Prosecutor’s Office, and the Jersey City Police Department, for the sole purpose of combatting violent crime in and around Jersey City. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the Drug Enforcement Administration’s (DEA) New Jersey Division, the U.S. Marshals, the Jersey City Police Department, the Hudson County Prosecutor’s Office, the Hudson County Sheriff’s Office, New Jersey State Parole, the Hudson County Jail, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.
The case is being prosecuted by Desiree Grace, Deputy Chief of the Criminal Division in Newark.
The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Firearm and Drug Trafficking Charges Follow Apparent Road Rage Incident in San Francisco’S Tenderloin DistrictRead the Press Release
SAN FRANCISCO – Wilmer Arteaga appeared today in United States District Court to face federal charges of being a felon in possession of a firearm and for possession of more than 40 grams of fentanyl with the intent to distribute it, announced United States Attorney Stephanie M. Hinds and Special Agent in Charge Wade R. Shannon of the Drug Enforcement Administration (DEA).
According to the criminal complaint filed December 27, 2021, and unsealed in federal court today, Arteaga, 29, of Oakland, was arrested next to a white, two door BMW sedan following shots being fired at an apparent road rage incident in San Francisco’s Tenderloin District. According the complaint, on November 9, 2021, at 6:30 p.m., San Francisco Police officers witnessed two cars, one of which was a white, two door BMW sedan, stop on Turk Street at the intersection with Van Ness Avenue in San Francisco. The complaint describes the second car shifting into reverse and driving into the BMW, followed by the BMW’s driver getting out of the BMW with a pistol in hand. Two shots were fired. Both cars sped off. The complaint alleges that 15 minutes later SFPD officers located the BMW parked a few blocks away and arrested Arteaga there. According to the complaint, at Arteaga’s arrest, a loaded pistol was found in his possession and powder weighing approximately 1155 grams and testing positive for fentanyl was found in the BMW.
Arteaga originally was charged in state court before the federal complaint was filed.
Arteaga made his initial federal court appearance today in San Francisco before United States Magistrate Judge Sallie Kim. Arteaga remains in custody; Magistrate Kim scheduled his next federal court appearance for January 20, 2022.
The federal complaint charges Arteaga for being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), which carries a maximum possible statutory sentence of 10 years imprisonment, a three-year term of supervised release following imprisonment, and a maximum fine of $250,000. The second federal charge in the complaint charges Arteaga with possessing with the intent to distribute 40 grams or more of fentanyl in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B), which carries a maximum possible statutory sentence of 40 years imprisonment with a mandatory minimum imprisonment term of five years, a maximum fine of $5,000,000, and a term of supervised release following imprisonment of at least four years with a maximum of life. However, any sentence following a conviction would be imposed by a court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The charges contained in the criminal complaint are only allegations. As in any criminal case, the defendant is presumed innocent unless and until proven guilty in a court of law.
Assistant U.S. Attorney Lauren Harding is prosecuting the case with the assistance of Maribel Gallegos and Amala James. The prosecution is the result of an investigation by DEA and the San Francisco Police Department.
Failing to Register as a Sex Offender Lands Washington Man in Prison for over Two YearsRead the Press Release
A man who lived and worked in Black Hawk County, Iowa, for nearly two years and failed to register as a sex offender was sentenced today to more than two years in federal prison.
Dean Christopher Upton, age 36, from Auburn, Washington, received the prison term after a June 21, 2021 guilty plea to failing to register as a sex offender.
At the guilty plea, Upton admitted that between the Spring of 2018 and February 2020, he lived and worked in Iowa and knowingly failed to register as a sex offender. Upton was required to register as a sex offender based on a prior 2015 conviction for assault with a sexual motivation in the state of Washington. Upton intentionally chose not to register as a sex offender and was apprehended while hiding in a cardboard box at his mother’s house in Waterloo.
Upton was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Upton was sentenced to 30 months’ imprisonment and fined $100. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Upton is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the United States Marshal’s Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2058-CJW.
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Everett Man Charged with Securities FraudRead the Press Release
BOSTON – The sole officer and director of a Massachusetts marketing firm was charged today in connection with misappropriating tens of thousands of dollars of investor funds to pay his personal expenses.
Christopher R. Esposito, 55, of Everett, was charged and has agreed to plead guilty to one count of securities fraud. A plea hearing has not yet been scheduled by the Court.
As alleged in the charging documents, Esposito served as officer and director of Code2Action, Inc., a purported mobile marketing firm. Between August 2019 and February 2020, Esposito allegedly sold company shares to existing shareholders at sub-penny prices based on material misstatements and omissions and then misappropriated much of the proceeds. Specifically, it is alleged that Esposito deliberately misled prospective investors about, among other things, Code2Action’s plan and ability to complete a reverse merger, which Esposito touted would enable the investors to sell their shares at a profit. It is further alleged that Esposito misappropriated over $57,000 to pay his personal expenses and failed to disclose to prospective investors, among other things, that the U.S. Securities and Exchange Commission had previously obtained a final judgment against him for committing securities fraud and barred him from certain securities-related activities.
The charge of securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney James R. Drabick of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Erie Man Pleads to Federal Drug Law ViolationsRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
Isaac Aaron Cunningham, 43, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that on or about May 6, 2021, Cunningham distributed 44.7 grams of a mixture and substance containing a detectable amount of methamphetamine. Cunningham also acknowledged his responsibility for attempting to possess with intent to distribute 10.19 grams of metonitazene, a benzimidazole-opioid fentanyl analogue on or about September 14, 2021.
Judge Baxter scheduled sentencing for May 9, 2022 at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation’s Erie Area Gang Law Enforcement (EAGLE) task force, which is comprised of members of the Federal Bureau of Investigation, the United States Postal Service – Office of the Inspector General, the Pennsylvania State Police, and the Erie Bureau of Police, the Oil City Police Department, the Franklin Police Department, and the Titusville Police Department conducted the investigation that led to the prosecution of Cunningham.
Erie Man Pleads Guilty in Cocaine and Heroin Trafficking SchemeRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of violating federal drug laws, United States Attorney Cindy K. Chung announced today.
Orlando Arroyo-Figueroa, 49, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that Arroyo-Figueroa was involved in a conspiracy to distribute large quantities of cocaine and heroin in Erie, Pennsylvania from November 2017 through February 2020. On February 10, 2020, investigators seized approximately $250,000.00 in cocaine destined for Erie from Puerto Rico as part of this conspiracy.
Judge Baxter scheduled sentencing for April 28, 2022 at 1:30 p.m. The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Arroyo-Figueroa on bond.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Pennsylvania State Police, Homeland Security Investigations and the United States Postal Inspection Service conducted the investigation that led to the prosecution of Arroyo-Figueroa.
Elkton Fentanyl Drug Dealer Sentenced to 12 Years in Federal Prison for Fentanyl Distribution Charges Relating to a Fatal OverdoseRead the Press Release
Baltimore, Maryland – U.S. District Judge Jude Ellen L. Hollander sentenced Robert Allen Valladares, age 37, of Elkton, Maryland, to 12 years in federal prison, followed by four years of supervised release, for distribution of fentanyl, and two counts of possession with intent to distribute fentanyl.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; Cecil County State’s Attorney James A. Dellmyer; Cecil County Sheriff Scott Adams; and Chief Carolyn Rogers of the Elkton Police Department.
According to his guilty plea, in December 2019, the Cecil County Drug Task Force received information from a confidential informant that identified Valladares as a Cecil County controlled substances dealer acting under the alias of “Rob Valley” and provided his cell phone number.
On February 8, 2020, the Elkton Police Department was dispatched to a residence in reference to an overdose death. Upon arrival, an officer made contact with the victim’s father who stated that his son was deceased in his bedroom from, what he believed to be, an overdose. Emergency medical services arrived and pronounced the victim deceased shortly after. According to the victim’s family, the victim was recently discharged from a recovery house and appeared to be recovering well.
Upon further investigation into the victim’s death, law enforcement learned that the night before the victim’s death, the victim asked his father to take him to his friend “Rob’s” house to obtain suboxone strips. Once the victim’s father drove him to Valladares’ residence, the victim went inside for approximately two minutes and returned to his father’s vehicle. The victim’s father knew Valladares and had meet him previously.
An autopsy performed on the victim’s body revealed the cause of death to be a mixed drug intoxication of acyrl fentanyl, fentanyl, desproprionyl fentanyl, methamphetamine and xylazine.
A subsequent forensic data extraction of the victim’s four cell phones located in the victim’s room revealed that the victim had called Valladares one day before his death.
As stated in his plea agreement, on February 13, 2020, investigators executed a search warrant on Valladares’ residence. As a result of the search warrant, investigators seized prescription alprazolam pills, a digital scale, mail addressed to Valladares, five blue wax bags stamped “Facetime” containing suspected fentanyl, additional empty blue wax bags stamped “Facetime,” and a cell phone. Analysis of three of the blue wax bags stamped “Facetime” revealed the substance to be fentanyl.
A subsequent forensic data extraction of Valladares’ cell phone revealed that it contained over 80,000 text messages and messages consistent with the distribution and sale of controlled substances.
On May 4, 2020, a traffic stop was conducted on a vehicle leaving the Valladares residence. A K-9 scan resulted in the discovery of baggies containing fentanyl in the car. The driver advised that he had been purchasing drugs from Valladares for the past three to four months. Analysis of the substance within the bags seized from the car was confirmed to be fentanyl.
As a result of a search warrant executed at Valladares’ Elkton, Maryland residence on May 19, 2020, law enforcement located 38 bags of fentanyl. Valladares admits that he possessed the fentanyl with the intent to distribute it.
United States Attorney Erek L. Barron commended the Maryland State Police, Office of the State’s Attorney for Cecil County, Cecil County Sheriff’s Office, and the Elkton Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Kim Y. Oldham and Mary W. Setzer, who are 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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East Hartford Residents Charged with Fabricating and Selling Numerous Ghost GunsRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that JOHN LEE ORTIZ, 28, and AUDLEY REEVES, 30, both of East Hartford, have been charged with federal firearm offenses related to the illegal fabrication and sale of firearms.
As alleged in court documents and statements made in court, in late 2021, the FBI’s Northern Connecticut Gang Task Force learned that Ortiz and others were selling “ghost guns,” which are homemade firearms that do not contain serial numbers or other identifying markings that prevent them from being traced to the owner, seller or manufacturer of the firearm. In December 2021, investigators made controlled purchases of seven handguns, a Bushmaster .223 caliber rifle, and numerous rounds of ammunition from Ortiz. Most of the handguns had no serial numbers and had plastic lower receivers that appeared to be made with a 3D printer. Reeves was identified during the investigation as the fabricator of the ghost guns.
Ortiz and Reeves were arrested on January 5, 2022. On that date, a court-authorized search of an apartment on Church Street in East Hartford revealed six fully assembled firearms, approximately 12 partially assembled firearms, three high-capacity magazines, various firearm parts, and tools used to construct firearms. Reeves was present in the apartment at the time of the search, and a 3D printer in the apartment was in the process of printing a stock of an AR-15 style rifle.
Ortiz and Reeves are each charged by criminal complaint with engaging in the business of dealing in firearms without a license, an offense that carries a maximum term of imprisonment of five years. Ortiz is also charged with selling firearms to a prohibited person, an offense that carries a maximum term of imprisonment of 10 years.
Ortiz and Reeves are currently detained.
U.S. Attorney Boyle stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
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.
Dubuque Fentanyl and Heroin Dealer Sent to Federal PrisonRead the Press Release
A Dubuque man that intended to distribute fentanyl and heroin was sentenced today to more than 3 years in federal prison.
Samson S. Jackson, age 35, from Dubuque, Iowa, received the prison term after a July 28, 2021 guilty plea to one count of possession with intent to distribute a controlled substance.
In a plea agreement, Jackson admitted that, on April 10, 2020, law enforcement officers searched his residence in Dubuque and recovered over 20 grams of a heroin/fentanyl mixture and over 9 grams of heroin. Jackson admitted that he intended to distribute some or all of the heroin and heroin/fentanyl mixture to another person.
Jackson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jackson was sentenced to 41 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Jackson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Dillan Edwards and investigated by the Dubuque Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1028.
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Drug Trafficking Investigations Result in Federal Prison Sentences for Three MenRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced the resolution of three cases involving the trafficking of illegal narcotics in the Western District of Louisiana. Two of these cases were Organized Crime Drug Enforcement Task Force (OCDETF) cases. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
Clay Bryant Lonadier, 42, of Shreveport, Louisiana, was sentenced by Judge Elizabeth E. Foote to 120 months (10 years) in prison, followed by 5 years of supervised release, for conspiracy to distribute and possession with intent to distribute methamphetamine. Lonadier pleaded guilty September 9, 2021 to the charge. In July 2020, agents with the U.S. Drug Enforcement Administration (DEA) began an investigation into drug trafficking activities in the Shreveport area after receiving information that Lonadier’s co-defendant, Demetrius Loston, was distributing large amounts of methamphetamine. This OCDETF investigation was named “Operation Lost and Found” and resulted in federal indictments against nine defendants for conspiring together to distribute and possess with intent to distribute methamphetamine. During their investigation, agents were able to intercept phone calls between Lonadier and Loston, wherein they communicated about buying and selling methamphetamine. Agents set up surveillance and observed Loston and Lonadier meet on more than one occasion and conduct drug transactions. On November 6, 2020, Lonadier was arrested by officers with the Shreveport Police Department for possession with intent to distribute methamphetamine.
This case was investigated by the DEA, ATF, Shreveport Police Department and Caddo Parish Sheriff’s Office, and was prosecuted by Assistant U.S. Attorney J. Aaron Crawford.
Arnelius Danta Terrell, 33, of Shreveport, Louisiana, was sentenced yesterday by Chief Judge S. Maurice Hicks, Jr. to 60 months (5 years) in prison, followed by 5 years of supervised release, for distribution of methamphetamine. During an OCDETF investigation into the drug trafficking activities in the Shreveport area, agents met with a confidential informant about undercover purchases that had been made. Agents with the U.S. Drug Enforcement Administration (DEA) conducted surveillance around the Lamar Street area in Shreveport area on April 15, 2019 and observed Terrell arrive at a residence and deliver methamphetamine to an individual. Through phone conversations, agents learned that Terrell brought the methamphetamine at the direction of his uncle. The methamphetamine was seized, and field tested positive for methamphetamine. A laboratory analysis confirmed it to be 53.7 grams of actual methamphetamine.
The case was investigated by the DEA and prosecuted by U.S. Attorney Brandon B. Brown.
In another drug trafficking case, Darren Dewayne Cooper, 33, of Tallulah, Louisiana, was sentenced this week by United States District Judge Terry A. Doughty to 100 months (8 years, 4 months) in prison, followed by 3 years of supervised release, for conspiracy to possess with intent to distribute methamphetamine. Through an investigation led by the U.S. Drug Enforcement Administration (DEA), agents learned that Cooper made arrangements with another individual on the telephone wherein they discussed the sale of narcotics, including the amount and type of narcotics and the sale price. On August 13, 2020, Cooper met the individual at a gas station in Monroe, Louisiana and sold methamphetamine to them. The amount sold was determined to be at least 50 grams of methamphetamine.
The case was investigated by the DEA and prosecuted by Assistant U.S. Attorney Leon H. Whitten.
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Convicted Felon, Wanted on Aggravated Assault Charge, Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
MACON, Ga. – A Middle Georgia resident with a prior felony found in illegal possession of multiple weapons on two separate occasions—at one time while wanted for aggravated assault in Monroe County, Georgia—pleaded guilty to a firearms charge.
Scott Rusmisel, 28, of Juliette, Georgia, pleaded guilty to possession of a firearm by a convicted felon before U.S. District Judge Marc Treadwell today. Rusmisel is facing a maximum ten years in prison to be followed by three years of supervised release and a $250,000 fine. Sentencing has been scheduled for April 6. There is no parole in the federal system.
“Repeat felons with violent criminal histories have no business carrying weapons—it is a federal offense for convicted felons to possess firearms. The U.S. Attorney’s Office will prosecute repeat offenders who violate this federal law,” said U.S. Attorney Peter D. Leary. “I commend the law enforcement teams across the Middle District of Georgia for their daily persistence in helping us hold violent offenders accountable for their crimes and working to make our region a safer place.”
“ATF is always there to assist our local partners by providing federal resources when needed,” said ATF Acting Special Agent in Charge Jason Stricklin. “We are pleased that ATF was able to assist the Monroe County Sheriff’s Office in removing a repeat armed offender from the streets of our community.”
According to court documents, Rusmisel’s vehicle was stopped for a tag violation by a Monroe County Sheriff’s Office deputy on Aug. 14, 2019. Rusmisel, the driver, was wearing a large knife and there was a black handgun in plain view. Rusmisel was later found to be carrying a second knife in his pocket. A search of the vehicle discovered a total of four firearms: a .357 magnum caliber revolver, two 12-gauge shotguns and a 7.62 mm rifle. Rusmisel admitted that all of the firearms belonged to him.
On Nov. 20, 2020, Rusmisel was detained on a warrant for aggravated assault by the Monroe County Sheriff’s Office. Rusmisel was carrying a .380 caliber pistol in his back pocket at the time of arrest. ATF examined each of the five weapons seized from Rusmisel and determined that two of his weapons were required to be registered to him in the National Firearms Registration and Transfer Record (NFRTR). One 12-gauge shotgun had a shortened barrel measuring just 11 1/8 inches and the second 12-gauge shotgun had a shortened barrel measuring just 12 inches. Neither gun was registered in the NFRTR to Rusmisel. Rusmisel was previously convicted in Circuit Court of Bay County, Michigan, for second degree home invasion. It is illegal for a convicted felon to possess firearms.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Monroe County Sheriff’s Office, the Bibb County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Assistant U.S. Attorney Joy Odom is prosecuting the case for the Government.
Collin County Man Sentenced to 25 Years in Federal Prison for Heroin Overdose DeathRead the Press Release
SHERMAN, Texas – A Plano man has been sentenced to 25 years in federal prison for drug trafficking violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Nathaniel Edward Gonzalez, 36, pleaded guilty on March 16, 2021 to possession with intent to distribute heroin resulting in death and was sentenced to 300 months in federal prison on Jan. 6, 2022, by U.S. District Judge Amos L. Mazzant.
According to information presented in court, on Jan. 16, 2019, Gonzalez distributed heroin to an individual at his place of business in Plano. That individual was found deceased by his coworkers with the needle still in his arm. An investigation led officers to Gonzalez, who had previously been convicted of the same conduct in 2005 when he provided heroin to a 16-year-old resulting in an overdose death. Gonzalez was indicted by a federal grand jury on Feb. 7, 2019.
"Illegal drugs continue to damage our communities," said U.S. Attorney Brit Featherston. "We will use all our tools to arrest and prosecute those who choose to harm others by peddling their dangerous poisons."
The case was investigated by the Plano Police Department Narcotics Unit and prosecuted by Assistant U.S. Attorney Tracey Batson.
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Chinese National Pleads Guilty to Economic EspionageRead the Press Release
ST. LOUIS – On January 6, 2022, Haitao Xiang, a citizen of the People’s Republic of China, pleaded guilty in front of District Court Judge Henry Autrey to conspiracy to commit economic espionage in violation of 18 U.S.C. Sec. 1831(a)(5). Xiang conspired to steal a trade secret from an internationally based company doing business in St. Louis, Missouri for the purpose of benefitting a foreign government, that being the People’s Republic of China.
“Mr. Xiang used his insider status at a major international company to steal valuable trade secrets for use in his native China,” said United States Attorney Sayler Fleming. “We cannot allow U.S. citizens or foreign nationals to hand sensitive business information over to competitors in other countries, and we will continue our vigorous criminal enforcement of economic espionage and trade secret laws. These crimes present a danger to the U.S. economy and jeopardize our nation’s leadership in innovation and our national security.”
“When economic espionage is done at the behest of a foreign government, the loss of proprietary trade secrets destroys more than just the victim company. A foreign government can exploit and scale the information in such a way that it robs U.S. companies of their market share and competitive advantage,” said Acting Special Agent in Charge Spencer Evans of the FBI St. Louis Division. “The FBI aggressively investigates theft of trade secret and economic espionage. If your organization is a victim or has questions about how to prevent such crimes, please contact FBI St. Louis at 314-589-2500.”
Xiang faces a maximum term of incarceration of 15 years, a potential fine of $5,000,000 and a term of supervised release of not more than three years. Sentencing is set for April 7, 2022.
The case was investigated by the Federal Bureau of Investigation and Department of Homeland Security Customs and Border Protection and prosecuted by the United States Attorney’s Office for the Eastern District of Missouri, the Counterintelligence and Export Control Section of the National Security Division of the Department of Justice and the Computer Crimes and Intellectual Property Section of the Department of Justice.
Cedar Rapids Man Sentenced to over Four Years in Federal Prison for Being a Felon in Possession of a FirearmRead the Press Release
A felon who possessed a firearm was sentenced today to 57 months in federal prison.
Leon Sheley, age 24, of Cedar Rapids, Iowa, received the sentence after a July 19, 2021 guilty plea to one count of being a felon in possession of a firearm. At the plea hearing, Sheley admitted that, on May 20, 2020, he knowingly possessed a pistol after having been convicted of three crimes punishable by more than one year of imprisonment. Sheley admitted he had prior convictions for theft in the second degree in 2016, theft in the first degree in 2016, and escape from custody in 2017.
Sheley was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sheley was sentenced to 57 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Cedar Rapids Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 21-17.
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Canton Man Pleads Guilty to Sex TraffickingRead the Press Release
U.S. Attorney Bridget M. Brennan announced that Larrien Brown-Austin, 37, of Canton, Ohio, pleaded guilty in federal court on Thursday, January 6, 2022, to participating in a sex trafficking conspiracy that forced multiple women to perform commercial sex acts for profit.
According to court documents, from June through August of 2018, Brown-Austin lived at a residence in Canton provided by his father that he used to facilitate commercial sex acts. In June of 2018, Brown-Austin met Victim #1 and Victim #2 and forced both victims to live at the residence, perform commercial sex acts and provide him with the profits.
Court records state that Brown-Austin supplied his victims with drugs in an attempt to foster an addiction and withdrawal dependency cycle that forced them to rely upon him for more drugs. Documents show that Brown-Austin used force, threats, acts of violence and leveraged the drug dependency of his victims to coerce them into performing additional commercial sex acts. Brown-Austin also kept a mobile tracking application on the cell phones of his victims in order to determine their whereabouts at all times.
Also charged in this matter as co-defendants are Shannon Marzano, 30, and Larry Brown-Austin, 76, both of Canton. Marazano and Larry Brown-Austin have both previously pleaded guilty to their roles in the scheme.
Larrien Brown-Austin is scheduled to be sentenced on May 11, 2022.
This case was investigated by the Canton Police Department, the Ohio Department of Rehabilitation and Correction and the FBI, Canton Office. This case is being prosecuted by Assistant U.S. Attorney Carol M. Skutnik.
Brooklyn Park Man Sentenced to Prison for Arson in St. Paul’s Midway AreaRead the Press Release
MINNEAPOLIS – A Brooklyn Park man was sentenced to 27 months in prison followed by two years of supervised release and $33,826.64 in restitution for his role in the arson of the Great Health and Nutrition store in St. Paul. Acting U.S. Attorney Charles J. Kovats made the announcement after U.S. District Judge Nancy E. Brasel sentenced the defendant.
According to court documents, on May 28, 2020, Samuel Elliott Frey, 20, and co-defendant McKenzy Ann DeGidio Dunn, 21, joined other individuals who had gathered near the Great Health and Nutrition store located at 1360 University Avenue West, in St. Paul. Frey and others arrived together to the Midway area near University Avenue and walked through multiple businesses before they arrived inside the Great Health and Nutrition retail store. While inside the store, Frey poured a bottle of hand sanitizer onto a shelving unit located on the floor. Frey then lit paper on fire and placed the flaming paper where he had poured the hand sanitizer. Frey poured on more hand sanitizer to accelerate the fire. The Great Health and Nutrition store sustained fire damage because of Frey’s conduct.
Dunn pleaded guilty to one count of conspiracy to commit arson and, on May 10, 2021, was sentenced to three years of probation and $31,578 in restitution. On July 20, 2021, Frey pleaded guilty to one count of conspiracy to commit arson.
This case is the result of an investigation conducted jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the St. Paul Police Department, the St. Paul Fire Department, Brooklyn Park Police Department, the Minnesota State Fire Marshal Division, and the FBI.
This case was prosecuted by Assistant U.S. Attorneys Matthew Ebert and Joseph Teirab.
Breaux Bridge Woman Sentenced for Failure to Pay TaxesRead the Press Release
LAFAYETTE, La. - United States Attorney Brandon B. Brown announced that Joan Chauvin Edgar, 71, of Breaux Bridge, Louisiana, was sentenced today by United States District Judge Robert R. Summerhays to 41 months in prison, followed by 3 years of supervised release, on tax fraud charges. Edgar was also ordered to pay restitution in the amount of $375,213.54.
Edgar was charged in July 2020 and pleaded guilty September 10, 2021 to failing to pay over withholding and F.I.C.A. (Social Security) Taxes. According to information presented to the court, Edgar established NGE Techs, LLC (NGE) in New Iberia, Louisiana, in 2012 and the company existed until 2017. NGE provided employees and other services to oilfield production companies. As an employer, NGE was required to withhold employment taxes from its employees’ wages throughout a quarter and maintain them in “trust” to be paid to the Internal Revenue Service (IRS) at the end of the quarter.
As the sole owner of NGE, Edgar was responsible for collecting, accounting for, and paying over the trust fund taxes on behalf of the company. She submitted Forms W-3 (“Transmittal of Wage and Tax Statements”) to the Social Security Administration for 2012 through 2017, reflecting the total wages paid to her employees by the company and taxes withheld by the company from its employees’ paychecks. However, Edgar never paid any of the withheld taxes to the IRS as required. Edgar admitted that during the second quarter of 2015, although she had deducted and collected taxes from her employees to pay to the IRS, she failed to pay them when they became due. Edgar admitted to knowing she had a duty to pay those taxes and to voluntarily and intentionally violating that duty.
The case was investigated by the IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Danny Siefker.
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Brandon Man Sentenced to Ten Years for Distribution of MethamphetamineRead the Press Release
Jackson, Miss. – A Brandon man was sentenced to 120 months in prison, to be followed by 5 years of supervised release and $2,250 in restitution, for distributing methamphetamine, announced U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation in Mississippi.
According to court documents, on December 21, 2020, Joshua Rashad Brown, 31, possessed with the intent to distribute methamphetamine.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. 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.
This OCDETF case is the result of an extensive investigation by the Federal Bureau of Investigation and the Drug Enforcement Administration with assistance from Homeland Security Investigations and the Rankin County Sheriff’s Department.
The case is being prosecuted by Deputy Criminal Chief Attorney Erin Chalk.
Boston Man Sentenced for Marijuana and Tax OffensesRead the Press Release
BOSTON – A Boston man was sentenced yesterday in federal court in Springfield for marijuana distribution and tax offenses.
Zachary Sweener, 36, was sentenced by U.S. District Court Judge Mark G. Mastroianni to three months in prison and three years of supervised release. Sweener was also ordered to pay $156,457 in restitution. On July 6, 2021, Sweener pleaded guilty to one count of conspiracy to distribute marijuana, one count of possession with intent to distribute marijuana, one count of filing a false tax return and two counts of failing to file tax returns.
From 2014 to 2017, Sweener conspired with others to distribute marijuana. On January 10, 2017, a search of Sweener’s residence recovered 1,000 marijuana vape oil pens and over $90,000 in cash, two gold bars and other luxury items. Sweener also filed a false income tax return for 2013 by substantially under-reporting his income and failed to file tax returns for tax years 2014 and 2015, despite earning over $250,000 in each of those years. For tax years 2013 through 2015, Sweener failed to report over $625,000 in income and therefore failed to pay over $150,000 in federal income taxes.
Acting United States Attorney Nathaniel R. Mendell; Deputy Assistant Attorney General David A. Hubbert of the Department of Justice’s Tax Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office and Trial Attorney Christopher O’Donnell of the Justice Department’s Tax Division prosecuted the case.
Bvi National Arrested for Failure to Heave to While Operating a Vessel in Coral Bay, St. JohnRead the Press Release
St. Thomas, USVI – A BVI National was arrested on December 28, 2021, in St. Thomas, USVI on a criminal charge related to his failure to stop his vessel when ordered to do so by United States Customs and Border Protection, Air and Marine (“CBP-AMO”) agents.
According to court documents, William Malone was operating a vessel in Coral Bay, St. John on December 28, 2021. CBP-AMO agents activated their blue lights and sirens to stop Malone’s vessel, and verbally ordered him to stop the vessel. Malone did not comply. Agents fired several warning rounds and, when Malone did not stop, fired a disabling round into his engine. Malone then turned off the engine, after traveling for a short distance.
Malone is charged with failure to heave to, under 18 U.S.C. §2237(a)(1). If convicted, Malone faces a maximum penalty of 5 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
CBP-AMO and Homeland Security Investigations are investigating the case.
Assistant U.S. Attorney Adam Sleeper is prosecuting the case.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Arizona Man Sentenced to over Eight Years in Prison for Sexually Assaulting A Woman on the Fort Mohave Indian ReservationRead the Press Release
LAS VEGAS — An Arizona man who admitted to sexually assaulting a woman at a Laughlin resort and casino on the Fort Mohave Indian Reservation was sentenced today to eight years and four months in prison.
According to court documents, on September 24, 2018, Richard Anthony Hernandez (26) punched a woman multiple times before sexually assaulting her. As a result of the assault, the victim — a Native American — suffered multiple facial abrasions and contusions, bleeding from head injuries, and loss of consciousness with a concussion, all of which required medical treatment at a hospital.
Hernandez pleaded guilty in October 2020 to one count of aggravated sexual abuse. In addition to the prison term, U.S. District Judge Richard F. Boulware II sentenced Hernandez to 15 years of supervised release.
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 FBI and Fort Mohave Tribal Police Department. Assistant U.S. Attorneys Bianca Pucci and Penelope Brady prosecuted the case.
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Angelina County Man Sentenced for Child Pornography ViolationsRead the Press Release
BEAUMONT, Texas – A Lufkin man has been sentenced to federal prison for federal child pornography violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Colby Allen, 20, pleaded guilty on August 11, 2021, to distributing child pornography and was sentenced to 162 months in federal prison by U.S. District Judge Thad Heartfield on Jan. 6, 2022.
According to information presented in court, on Feb. 20, 2020, an undercover law enforcement officer accessed an instant messaging chat group known to have users who posted images and videos of child pornography. The officer observed that a particular user posted two videos to the group, including a video depicting the sexual abuse of a minor. Further investigation revealed that the user of the messenger account was Allen. On Nov. 19, 2020, law enforcement officers executed search warrants at Allen’s residences in Lufkin and Beaumont. During the search of Allen’s Beaumont residence, officers seized his cellular telephone, which was later forensically imaged. A review of the forensic imaging revealed numerous video and image files depicting child pornography. The images and videos located on Allen’s phone included the two videos uploaded to the instant messaging group on Feb. 20, 2020. A federal grand jury returned an indictment charging Allen with federal violations on Jan. 20, 2021.
This case is 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 Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Federal Bureau of Investigation, Lufkin and Beaumont offices; the Texas Department of Public Safety; the Lufkin Police Department; and the Lamar University Police Department. This case was prosecuted by Assistant U.S. Attorney Lauren Gaston.
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Anchorage Man Sentenced for Illegally Possessing a FirearmRead the Press Release
ANCHORAGE – An Anchorage man was sentenced yesterday to 57 months in prison and three years of supervised release by U.S. District Court Judge Timothy M. Burgess for being a felon in possession of a firearm.
According to court documents, on July 31, 2020 Ronald Fetuao Maefau, 45, drove a car to an Anchorage apartment complex and began firing multiple rounds into one of the units. He then proceeded to drive away. Later the same day, APD made a traffic stop of the car used in the apartment shooting and took the driver, Maefau, in for questioning. After obtaining a search warrant for the vehicle, law enforcement found a Glock pistol in the glove compartment, .45 ammunition and multiple spent .45 caliber cartridge casings. A trace on the firearm indicated that it had been reported stolen. Maefau had multiple prior felony convictions, including attempted murder, which made it illegal for him to possess a firearm.
Maefau pleaded guilty to one count of being a felon in possession of a firearm in March 2021.
“Congress made it a crime for convicted felons to possess firearms in order to keep guns away from persons determined to be potentially dangerous,” said U.S. Attorney John E. Kuhn Jr., of the District of Alaska. “Maefau’s violent criminal history and recent dangerous conduct shooting a gun into a dwelling illustrate for all of us the importance of enforcing this offense. I commend the ATF, the Anchorage Police Department and our prosecutor for their efforts to protect Alaskans.”
“The callousness of Mr. Maefau’s actions clearly warrant this sentence,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “The rounds he fired could have killed anyone – man, woman or child. Thankfully, through the use of Anchorage Police Department’s NIBIN system we were able to definitively tie Mr. Maefau to this shooting. This sentence will make Anchorage’s streets safer.”
“Good police work led to the apprehension of Mr. Maefau,” said Anchorage Chief of Police Kenneth McCoy. “This is an example of how the Anchorage Police Department and our federal partners are working to keep Anchorage citizens safe.”
The Alcohol, Tobacco, Firearms and Explosives (ATF), and the Anchorage Police Department (APD) investigated the case.
Assistant U.S. Attorney Karen Vandergaw prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Alleged Christmas Eve Bank Robber ArrestedRead the Press Release
NEW ORLEANS – A man was arrested today in connection with the Christmas Eve armed bank robbery of a Capital One Bank.
Devin Chaney was arrested today and charged by complaint with Bank Robbery 18 U.S.C. § 2113(a). It is alleged that on Dec. 24, Chaney robbed the Capital One Bank branch, located at 313 Carondelet Street in New Orleans.
U.S. Attorney Duane A. Evans and FBI New Orleans Field Division Special Agent in Charge Douglas Williams made the announcement. This case was investigated by the FBI New Orleans Violent Crime Task Force.
A complaint is merely an allegation.
262 Month Prison Sentence for Repeat Felon Convicted in Meth Case, Apprehended Following Helicopter, K-9 SearchRead the Press Release
MACON, Ga. – A Middle Georgia armed robbery parolee with fourteen prior felony convictions was sentenced in federal court for distributing methamphetamine in a case involving a multi-agency search for the escaped defendant, including the use of a helicopter and K-9 unit.
Monterrius Digby 36, of Fort Valley, Georgia, was sentenced to serve a total of 262 months in prison to be followed by three years of supervised release by U.S. District Judge Tilman “Tripp” Self on Thursday, Jan. 6, after he previously pleaded guilty to possession with intent to distribute methamphetamine and possession of a firearm in furtherance of drug trafficking. There is no parole in the federal system.
“Digby’s flight after his initial apprehension made a bad situation worse. Thanks to the collective and rapid response by law enforcement in the region, Digby was safely apprehended within a short time, without harm to citizens, officers or himself,” said U.S. Attorney Peter D. Leary. “Convicted felons who chose to continually create havoc and break the laws governing our community will face the possibility of federal prosecution for their crimes.”
“I am very pleased with the outcome of this case and thankful to the U.S. Attorney’s Office and every agency involved in helping bring Monterrius Digby to justice. Digby is a dangerous felon and can’t expect to commit violent crimes and get away with it,” said Wilcox County Sheriff Robert Rodgers. “Wilcox County is proud of the work done in this case. Digby deserves to be held accountable for his crimes.”
According to court documents, law enforcement received a 911 call on Feb. 12, 2019, detailing that a man driving a particular car and tag number on Ga. Highway 215 was carrying methamphetamine and a firearm. Law enforcement spotted the matching vehicle and tag number and conducted a stop on Ga. Highway 215 near Rochelle, Georgia. Digby was driving the car and told the officer that he was on parole for armed robbery. Digby was driving without a license. Digby ran off while his vehicle was being searched but was later apprehended with the assistance of a Georgia State Patrol (GSP) helicopter and troopers, K9 units and the U.S. Marshals.
Law enforcement found a bag under the driver’s seat with ten individually wrapped bags of methamphetamine weighing 18.141 grams, empty baggies, a set of digital scales and two firearms. One firearm was a stolen semi-automatic pistol and the other firearm was a 9x19mm Glock. Law enforcement also found a box of ammunition in the front passenger seat which contained 32 rounds of 9mm and 14 rounds of .40 caliber ammunition. Digby later told agents he purchased both firearms for $200.
Digby has five prior burglary convictions, two aggravated assault convictions, an armed robbery conviction, a theft by taking conviction and a conviction for possession of a firearm by a convicted felon in Troup County, Georgia. Additionally, he has been convicted of obstruction or hindering of a law enforcement officer, criminal attempt to escape, and theft by receiving stolen property in Meriwether County, Georgia, along with theft by receiving stolen property in Bibb County, Georgia.
The case was investigated by the Wilcox County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), with assistance from GSP Aviation, Abbeville Police Department’s K-9 Unit and the U.S. Marshals Service.
Assistant U.S. Attorney Will Keyes prosecuted the case for the Government.
6 January 2022
Virginia Man Sentenced for Conspiring to Defraud CARES Act Unemployment FundRead the Press Release
ABINGDON, Va. – A Pound, Virginia man, who admitted to conspiring with others to defraud the government of nearly $500,000 in pandemic-related unemployment benefits, was sentenced today to 102 months in federal prison and ordered to pay restitution.
Jeffrey R. Tackett, 30, and his co-conspirators, concocted a scheme to gather personal identification information and then submit unemployment claims to the Virginia Employment Commission (VEC) website for individuals who were known to be ineligible to receive pandemic unemployment benefits, including various inmates in Virginia Department of Corrections’ facilities.
“While Virginians were battling a global pandemic, this defendant and his co-conspirators were busy defrauding the federal and state unemployment system of nearly $500,000 in much-needed benefits,” United States Attorney Christopher R. Kavanaugh said today. “I am grateful for the collaborative work of the Department of Labor-Office of the Inspector General, IRS, and the Norton and Russell County authorities in bringing this conspiracy to justice.”
“Jeffrey Tackett engaged in a criminal scheme in which he and his co-conspirators filed fraudulent claims for pandemic unemployment assistance for individuals he knew to be ineligible for benefits, including incarcerated individuals. The sentence today should serve as a deterrent for those contemplating committing similar crimes and signal the commitment of the U.S. Department of Labor-Office of Inspector General to work with its partners, such as the Virginia Employment Commission, Internal Revenue Service – Criminal Investigation, and U.S. Attorney’s Office, to investigate this type of fraud,” stated Special Agent-In-Charge Syreeta Scott, Philadelphia Region, U.S. Department of Labor-Office of Inspector General.
“Stealing pandemic unemployment benefits and taking assistance away from taxpayers who are truly in need is a serious crime. Today, another co-conspirator faced the consequences of his actions,” said Darrell J. Waldon, Special Agent in Charge of the IRS-CI Washington D.C. Field Office. “We will continue to work with our investigative partners to seek out those who attempt to defraud the government.”
Conspiracy members lied on the VEC forms as part of the scheme to make filers appear eligible for benefits. Because pandemic unemployment benefits were paid weekly, each of those filings to the VEC website re-verified and re-certified the false statements on numerous occasions throughout the scheme.
Tackett conspired with others, including his brother, Gregory Tackett, and Gregory’s girlfriend, Leelyn Danielle Chykta, to collect personal identification information of more than 35 other co-conspirators, including 15 inmates in the custody of the Virginia Department of Corrections, and then filed false claims that resulted in payments totaling more than $499,000.
Both Chytka and Gregory Tackett were sentenced last summer to 108 months in prison apiece for their roles in the conspiracy.
The Department of Labor-Office of the Inspector General and the Internal Revenue Service – Criminal Investigation, the Norton Police Department, and the Russell County Sheriff’s Office investigated the case.
Assistant U.S. Attorney Daniel J. Murphy prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Announces Flint, MI, Man Sentenced to Federal Prison for Aggravated Identity TheftRead the Press Release
BISMARCK - United States Attorney Nicholas W. Chase announced that U.S. District Court Judge Daniel M. Traynor sentenced Patrick Robert McKee, a/k/a William Patrick O’Hara, Age 77 from Flint, MI, to two years in federal prison for the charges of Social Security False Statements, False Statements, Health Care Fraud, and Aggravated Identity Theft. Judge Traynor also sentenced McKee to 3 years supervised release and a $400 Special Assessment.
Investigation determined that Patrick Robert McKee stole the identity of J.C. (Identity Protected) in 1997 and then converted J.C.’s identity to William Patrick O’Hara while retaining J.C.’s social security number. Since 1997, McKee fraudulently lived and worked under J.C.’s identity. He used J.C.’s identity to obtain healthcare benefits, home mortgages, credit cards and for numerous other fraudulent pretenses.
"It has become far too common for people to have their identification stolen and suffer financial disruption and damaged credit," said United States Attorney Nick Chase, and "it is appropriate that this defendant received the maximum penalty under the law for the crime of Aggravated Identity Theft."
"We will continue to pursue those who misuse the Social Security number of others for their own personal gain. For decades, by obtaining benefits and services as
someone else, McKee abused the identity of another person," said Christian Assaad, Special Agent in Charge of the Social Security Administration Office of the Inspector General, Denver Field Division. "I thank our law enforcement partners for working with in this investigation and the U.S. Attorney’s Office for their efforts in prosecuting this case and holding this individual accountable."
"Fraudsters who steal the identity of others to loot taxpayer-funded federal health care programs often do so at the immeasurable risk of undermining the integrity of these programs," said Special Agent in Charge Curt L. Muller of the Department of Health and Human Services Office of Inspector General. "In coordination with law enforcement partners, our oversight agency will continue to investigate those who participate in health care fraud schemes."
This case was investigated by the Social Security Administration – Office of Inspector General; Office of Inspector General, U.S. Department of Health and Human Services; United States Department of Agriculture; and the United States Marshals Service, and the case is being prosecuted by the United States Attorney’s office, with Assistant United States Attorney Brandi Sasse Russell assigned to the case.
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U.S. Military Contractor Sentenced to 10 Years in Prison for Attempting to Have Sex with a 13-Year-Old Girl in JapanRead the Press Release
Miami, Florida – A Florida man was sentenced today to 10 years in prison for attempting to entice a minor to engage in illicit sexual conduct while he was working in Japan as a U.S. military contractor.
Garrett Michael Pako, 29, is a United States Citizen who worked for a Department of Defense (DOD) contractor in Japan. For months, Pako engaged in an online “relationship” with someone he believed to be a 13-year-old girl. Pako met the girl on a proximity-based social media dating application while travelling in Okinawa. During the relationship, Pako sent the girl sexually-explicit images and videos, including Hentai cartoons of young toddlers being sexually abused, and a video of himself masturbating. Pako then attempted to arrange to have the purported girl fly to visit him in Northern Japan to have sex. No meeting occurred. Pako was later arrested.
Pako is being prosecuted under the Military Extraterritorial Jurisdiction Act, which provides jurisdiction over certain offenses committed by United States citizens employed by the Department of Defense outside the United States. Pako pled guilty to the charge on October 22, 2021. U.S. District Judge Aileen M. Cannon imposed today’s sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorney’s Offices and the Criminal Divisions Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida; and Julio Escareno, Resident Agent in Charge, U.S. Army Criminal Investigation Division, Japan Office, announced the sentence.
This case was investigated by the U.S. Army Criminal Investigation Division with support from the Air Force Office of Special Investigation and Naval Criminal Investigative Service. This case was prosecuted by Southern District of Florida Assistant U.S. Attorneys Lacee Monk and Dayron Silverio and Trial Attorney Charles Schmitz of the Criminal Division’s Child Exploitation and Obscenity Section.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case no. 21-cr-14021.
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Two Sentenced for Falsifying MSHA Training FormsRead the Press Release
ABINGDON, Va. – Dustin Fannon and Bryan Bouton were sentenced in United States District Court in Abingdon, Virginia, this week for falsifying a Mine Safety and Health Administration [MSHA] training form designed to reflect mandated annual safety training for miners. Bouton also was sentenced for lying to MSHA special investigators about his role in falsifying the official training document.
Bouton, 35, of Wise County, was sentenced to three months in prison for his role in creating the false training document and for lying about it when he was interviewed by special investigators.
Fannon, 35, of Wise County, Virginia, was sentenced today to four months’ home detention for submitting a falsified MSHA training form showing he had received training that he had not attended or received.
“The Department of Justice is committed to protecting the safety of our country’s miners,” United States Attorney Christopher R. Kavanaugh said today. “Working with our partners at the MSHA and the Department of Labor, we will continue to investigate and prosecute those who put coal miners in harm by ignoring critical health and safety training measures.”
“Without adequate training, miners pose a risk to themselves and others,” said Acting Assistant Secretary for Mine Safety and Health Jeannette Galanis. “Mine operators and MSHA work hard to ensure every miner receives the training needed to keep them safe and to ensure safety throughout the mines. Preventing falsification of training documents is critical to ensure the health and safety of the mining industry’s most precious resource: the miner.”
“Falsifying Mine Act records is a crime,” said Solicitor of Labor Seema Nanda. “As this case shows, the Department of Labor will not hesitate to use all of the tools in our toolbox to protect miners, including working with the Department of Justice to seek criminal penalties where appropriate.”
In August 2016, Fannon attempted to apply for a position with a mining company that required him to show that he had received annual MSHA safety training. Fannon had not. Instead, he submitted a falsified form, signed by a known provider of the MSHA-required training. After his falsification was discovered, Fannon admitted he had not received the training but had been given the form by Bouton, who Fannon witnessed filling out the form and forging the name of the authorized trainer. Bouton, when interviewed about the incident, lied about his involvement to federal special investigators.
MSHA requires every miner receive at least eight hours of safety training every year on a variety of topics, including MSHA’s mandatory health and safety standards, transportation controls and communications systems, barricading, roof or ground control, ventilation, emergency evacuation and firefighting plans, first aid, electrical hazards, prevention of accidents, self-rescue and respiratory devices, explosives, mine gases, and health.
The investigation of the case was conducted by the Norton Office of the Mine Safety and Health Administration.
Special Assistant United States Attorney Jason Grover from the Department of Labor prosecuted the case for the United States.
Two Portland Gang Members Sentenced to Federal Prison for Illegal Firearm PossessionRead the Press Release
PORTLAND, Ore.—This week, in separate criminal cases, two Portland gang members were sentenced to federal prison for illegally possessing firearms as convicted felons.
On January 4, 2022, Timothy DeWayne Smith, Jr., 28, a member of the Hoover Criminal Gang, was sentenced by U.S. District Court Judge Michael W. Mosman to six months in federal prison and three years’ supervised release.
Today, Derek Brandon Conley, 38, a former Crip gang member, was sentenced by U.S. District Court Judge Michael H. Simon to 48 months in federal prison and three years’ supervised release.
U.S. v. Smith
According to court documents, as part of an ongoing federal criminal investigation into the racketing activities of the Hoover Criminal Gang, investigators learned of Smith’s involvement in various gang activities including sex trafficking and the illegal possession of firearms.
On August 24, 2019, law enforcement responded to a report of someone flashing a gun at a local bar. A police air support unit saw Smith run out of the back of the bar and enter a vehicle. Police followed and stopped the vehicle and located a firearm in its center console. Smith denied flashing or possessing the gun. A forensic laboratory report later confirmed the presence of Smith’s DNA on the gun along with the DNA profiles several other people.
Later, on June 10, 2020, Smith was a passenger in a vehicle stopped by Oregon State Police troopers traveling south through Eugene, Oregon. A 9mm semi-automatic pistol with a chambered round was located in the vehicle’s center console. The gun was seized and Smith and the vehicle’s driver were released. Further investigation revealed that the seized firearm belonged to Smith. He was later arrested without incident.
U.S. v. Conley
In September 2020, probation officers visited Conley’s Portland residence where he lived with his fiancé and three children. Conley, who had recently been released from prison after being convicted in April 2017 in Multnomah County Circuit Court for illegally possessing a firearm as a convicted felon, led the officers to his bedroom where bullets and a laser sight rifle attachment were clearly visible. He consented to a search of the room and officers located a rifle Conley admitted to owning. Two other firearms were found in the residence including one located in an accessible bin in the children’s room adjacent to a toy firearm. Conley was arrested on-site without incident.
These cases were investigated by the FBI and ATF with assistance from the Portland Police Bureau, Multnomah County Sheriff’s Office, Homeland Security Investigations, and the Oregon State Police. They were prosecuted by the U.S. Attorney’s Office for the District of Oregon.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Two Florida Men Indicted in Insider Trading SchemeRead the Press Release
BOSTON – Two Florida men were indicted today in connection with their alleged roles in a multi-million-dollar insider trading scheme.
Kris Bortnovsky, a/k/a “Kris Bort,” 40, of Surfside, Fla., and Ryan Shapiro, 44, of Bay Harbor Island, Fla., were charged with one count of conspiracy to commit securities fraud and one count of securities fraud. Both defendants were previously charged by criminal complaint on Dec. 6, 2021. A third defendant, David Schottenstein, 38, also of Surfside, Fla., was charged separately by an Information with conspiracy to commit securities fraud and has agreed to plead guilty.
As alleged in the charging documents, Bortnovsky served as a financial services professional for more than 20 years and Shapiro was an entrepreneur and founder of two privately held companies. From at least August 2017 to at least May 2019, it is alleged that Bortnovsky and Shapiro conspired to trade in the stocks of certain publicly traded companies, including At Home Group, Inc., Aphria, Inc., DSW, Inc. and Rite Aid Corp., among others, based on material nonpublic information (MNPI) regarding the earnings results and merger-and-acquisition activity of those companies. In many instances, Bortnovsky and Shapiro allegedly obtained the information from Schottenstein, who was a relative of one or more directors of these companies or of companies involved in proposed acquisitions of them. In another instance, Bortnovsky obtained the MNPI and shared it with Shapiro and Schottenstein.
The charge of securities fraud conspiracy provides for a sentence of up to 25 years in prison, five years supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of securities fraud provides for a sentence of up to 20 years in prison, three years supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Wayne A. Jacobs, Special Agent in Charge of the Federal Bureau of Investigation’s Criminal/Cyber Division, Washington Field Office, made the announcement today. The Securities & Exchange Commission and the Federal Bureau of Investigation, Miami Field Office, provided valuable assistance. Assistant U.S. Attorneys Stephen E. Frank and Seth B. Kosto – Chief and Deputy Chief, respectively, of Mendell’s Securities, Financial & Cyber Fraud Unit – are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Truck driver sentenced for smuggling fentanyl hidden in lime shipmentRead the Press Release
McALLEN, Texas – A 33-year-old Mexican man has been sentenced for importing 4.6 kilograms of fentanyl and 43 kilograms of cocaine, announced U.S. Attorney Jennifer B. Lowery.
Nestor Carbajal-Alvarez pleaded guilty April 19, 2021.
Today, U.S. District Judge Randy Crane ordered him to prison for 60 months. Not a U.S. citizen, he is expected to face removal proceedings following the sentence. At the hearing, the sentencing, the defense argued for a minimal sentence since he was only acting as a “courier” and did not have much knowledge as to the overall drug trafficking scheme. However, the government contended it was a substantial load of controlled substances that could have potentially harmed many citizens.
On Jan. 29, 2021, Carbajal-Alvarez arrived at the Pharr Port of Entry with a shipment of limes. He was eventually sent to secondary inspection where authorities discovered the drugs hidden in the floor of the trailer.
Carbajal-Alvarez admitted he knew his trailer contained narcotics and was delivering them to an unknown individual in McAllen.
The total estimated street value of the drugs was approximately $1,063,500.
Carbajal-Alvarez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Customs and Border Protection conducted the investigation with the assistance of Homeland Security Investigations. Assistant U.S. Attorney Eliza Carmen Rodriguez prosecuted the case.
Toomsuba Man Sentenced to 2 Years in Prison for Possession of a Firearm by Convicted FelonRead the Press Release
Jackson, Miss. - A Toomsuba man was sentenced today to 24 months in prison for possession of a firearm by a convicted felon, announced U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, on July 27, 2020, Kristopher Calvin Branch, 44, was found in possession of a firearm by officers of the Lauderdale County Sheriff’s Department during an unrelated investigation concerning trespassing. Branch has four prior felony convictions. As a convicted felon, it is contrary to federal law for Branch to possess any firearm.
The Lauderdale County Sheriff’s Office and the ATF investigated the case.
Assistant U.S. Attorney Charles W. Kirkham prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Three men convicted for string of six armed robberiesRead the Press Release
ATLANTA - Tyvonne Wiley, Tevin Mitchell, and Torey Starling have been sentenced for committing a series of five armed robberies at retail stores in the metro-Atlanta area in the fall of 2016. Wiley and Mitchell committed an armed robbery in Texas before traveling to Atlanta.
“Innocent store clerks and customers were terrorized and lives were endangered by Wiley, Mitchell, and Starling during these armed robberies,” said U.S. Attorney Kurt R. Erskine. “The violent acts committed by these defendants ended as a result of the collective efforts of our federal, state and local law enforcement partners.”
“The arrest and conviction of this violent multi state robbing crew would not have been possible without the efforts of the Cobb County Police Department and our other local partners,” said ATF Acting Assistant Special Agent in Charge Brent Quinn. “We are pleased that these violent criminals will be off the streets and in federal prison for the foreseeable future.”
“The Cobb County Police Department remains steadfast in our commitment to keeping our community safe. We are proud of our continued partnership with other local, state, and federal agencies to help us in that regard. This case is another example of the dedication of law enforcement officers and prosecutors to thoroughly investigate and prosecute those criminals who would seek to victimize the public at large,” said Interim Chief O.S. Hamilton, Cobb County Police Department.
According to U.S. Attorney Erskine, the charges and other information presented in court: In September and October of 2016, Wiley, Mitchell, and Starling committed a string of violent armed robberies in Oklahoma, Texas, and then Fulton and Cobb Counties in the metro-Atlanta area.
Wiley, sometimes accompanied by Mitchell, charged into retail stores with a loaded gun, ordered everyone to lie flat on the ground, and forced the store clerks to empty the registers into a bag while holding a gun to their heads. Wiley pointed a gun at employees during each robbery and threatened to shoot and kill multiple people. Starling served as the getaway driver during two of the robberies.
Mitchell, Wiley, and Starling were eventually captured on October 28, 2016 at Starling’s house in Marietta, Georgia. When Cobb County Police searched the house, they recovered two firearms and two masks used during multiple robberies, as well as some of the cash that the defendants had stolen at gunpoint.
U.S. District Judge Leigh M. May sentenced each of the defendants to the following:
- Tyvonne Wiley, 25, of Marietta, Georgia, was sentenced on January 5, 2022, to 35 years and one day of imprisonment, to be followed by five years of supervised release and ordered to pay $13,330.29, in restitution to the businesses he robbed. Wiley was convicted by a jury on May 5, 2021 of conspiracy to commit Hobbs Act robbery, five counts of Hobbs Act robbery, and five counts of brandishing a firearm during a crime of violence.
- Tevin Mitchell, 27, of Enid, Oklahoma, was sentenced on February 3, 2020 to 11 years, three months of imprisonment, to be followed by two years of supervised release, and ordered to pay $13,330 in restitution. Mitchell pled guilty to conspiracy to commit Hobbs Act robbery and one count of brandishing a firearm during a crime of violence.
- Torey Starling, 28, of Marietta, Georgia, was sentenced on June 11, 2021 to six years of imprisonment, to be followed by five years of supervised release, and ordered to pay $1,500 in restitution. Starling pled guilty to two counts of Hobbs Act robbery and one count of brandishing a firearm during a crime of violence.
Assistant U.S. Attorneys Annalise K. Peters, Ryan K. Buchanan, and Stephanie Gabay-Smith prosecuted the case.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Cobb County Police Department, the Marietta Police Department, the Atlanta Police Department, the Sandy Springs Police Department, and the Dallas, Texas Police Department investigated this case.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the Northern District of Georgia’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement and schools, the faith community, and local community leaders to prevent and deter future criminal conduct.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Men Charged for COVID-19 Unemployment Insurance Benefits FraudRead the Press Release
LAS VEGAS – Three men made their initial appearances in federal court today for their alleged roles in a conspiracy to apply for and use Nevada and California unemployment insurance benefits debit cards — approved for over $900,000 — that were issued in other peoples’ names.
Luigi J. Montes (41), of Sugarland, Texas, Alexander Hoyos Rivera (24), of Marion, Ohio, and Peter Alexander Stincer (33), of Sylmar, California, are each charged with one count of conspiracy to commit mail fraud and three counts of aggravated identity theft.
According to allegations contained in the complaint, from about March 1, 2020 to January 6, 2021, Montes, Rivera, and Stincer conspired with others — including Alan Ray, who was previously charged and pleaded guilty in October 2021 to his role in the conspiracy — to defraud the Nevada Department of Employment, Training, and Rehabilitation (DETR) and the California Employment Development Department (EDD). As part of the scheme, the defendants fraudulently applied for unemployment insurance benefits with DETR and EDD, using stolen personal identifying information. The debit cards were sent to mailing addresses to which the defendants had access. After receiving the unemployment insurance debit cards, Montes, Rivera, and Stincer withdrew the funds at various ATMS located in several states, including Nevada, California, and Texas. In total, the fraud scheme involved at least $934,129 in benefits approved by the state workforce agencies, and implicated $1,149,250 in actual and potential benefits.
Montes, Rivera, and Stincer each appeared before U.S. Magistrate Judge Cam Ferenbach. If convicted, each defendant faces a statutory maximum penalty of 26 years in prison.
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 FBI. Assistant U.S. Attorney Jim Fang is prosecuting the case.
A criminal complaint is merely an allegation. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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South Carolina Man Sentenced to 10 Years for Interstate StalkingRead the Press Release
PORTLAND, Maine: A South Carolina man was sentenced today in U.S. District Court in Portland for interstate stalking, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge George Z. Singal sentenced Dustin Beach, 27, to 10 years in prison and three years of supervised release. Beach pleaded guilty in June 2021.
According to court records, during the days leading up to July 25, 2019, Beach drove a female victim from South Carolina to Maine. During the drive to Maine, Beach threatened the victim and physically assaulted her with his hands and other objects, including a hammer and a metal chain. These assaults resulted in bodily injury to the victim and caused her substantial emotional distress.
In pronouncing sentence, Judge Singal described Beach’s conduct as “sadistic” and found him to be “a danger to society.”
“I want to commend the strong and collaborative law enforcement response to this vicious crime,” said U.S. Attorney McElwee. “I hope the example of this prosecution and the significant sentence imposed by the Court sends a clear message that such violence will not be tolerated in the District of Maine.”
The Federal Bureau of Investigation and the Lewiston Police Department investigated the case.
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South Bend Man Sentenced to 30 Months of ImprisonmentRead the Press Release
SOUTH BEND-Michael Dale Kindley, 45, of South Bend, Indiana, was sentenced by United States District Court Chief Judge Jon E. DeGuilio following his guilty plea to being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Kindley was sentenced to 30 months in prison followed by 1 years of supervised release.
According to documents filed in the case, in August of 2020, law enforcement conducted a traffic stop in which they learned Kindley was driving without a driver’s license in a car that did not belong to him. At the time of the stop, Kindley had a handgun, over $2,000 cash, two bags filled with an assortment of prescription pills, and was on probation for a felony conviction of possessing methamphetamine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Indiana State Police. This case was prosecuted by Assistant U.S. Attorney Kimberly Schultz.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
South Bend Man Sentenced to 21 Months of ImprisonmentRead the Press Release
SOUTH BEND-Tyshawn Williams, 26, of South Bend, Indiana, was sentenced by United States District Court Chief Judge Jon E. DeGuilio following his guilty plea to being a felon in possession of a firearm, announced United States Attorney Clifford D. Johnson.
Williams was sentenced to 21 months in prison followed by 2 years of supervised release.
According to documents filed in the case, in March of 2021, Williams was stopped with a 9-millimeter handgun and marijuana in his car. He then tried to run away from officers but was apprehended. Williams was on parole for a reckless homicide felony conviction when he committed this offense.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mishawaka Police Department. This case was prosecuted by Assistant U.S. Attorney Jerome McKeever.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Sloan Man to Federal Prison for Meth ConspiracyRead the Press Release
A man who conspired to distribute methamphetamine was sentenced January 5, 2022, in federal court in Sioux City.
Brett Michael Walking Eagle, 42, from Sloan, Iowa, pled guilty April 15, 2021, to conspiracy to distribute methamphetamine within 1000 feet of a protected location.
At the hearings, evidence showed that on or about December 2, 2019, Walking Eagle had a discussion with another individual regarding the sale of meth. Walking Eagle instructed the individual to travel to the Boys and Girls Home parking lot in Sioux City, Iowa to meet with a coconspirator who would provide the methamphetamine. Law enforcement then apprehended the coconspirator at the Boys and Girls Home as he was waiting to distribute the methamphetamine.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Walking Eagle remains in custody of the United States Marshal until he can be transported to a federal prison. Walking Eagle was sentenced to 70 months’ and must serve an 8-year term of supervised release following imprisonment. There is no parole in the federal system.
The case was prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-4086. Follow us on Twitter @USAO_NDIA.
Salem Man Sentenced to Federal Prison for Illegally Possessing a Firearm While on Post-Prison SupervisionRead the Press Release
PORTLAND, Ore.—A Salem, Oregon man was sentenced to federal prison today for illegally possessing a firearm as a convicted felon.
Bernard McEllen Welch, 33, was sentenced to 120 months in prison and three years’ supervised release.
According to court documents, on May 21, 2020, a Salem Police officer pulled a car over for a traffic violation when Welch jumped from the vehicle’s rear passenger door and ran away. The officer called for backup and stayed with the vehicle. A nearby resident alerted police that a man had jumped into his backyard. Officers searched the area and located Welch hiding under a bush.
After Welch was arrested, officers returned to the home where the resident had reported seeing Welch enter his backyard. They located a discarded pistol with an obliterated serial number and a chambered round. In an adjacent property, they located a loaded magazine compatible with the pistol. Investigators at the Oregon State Forensic Laboratory later matched DNA found on the firearm with a sample collected from Welch.
At the time of his arrest, Welch had prior state felony convictions for assaulting a public safety officer, second-degree robbery with a firearm, third-degree assault, and third-degree robbery.
On August 5, 2020, a federal grand jury in Portland returned a one-count indictment charging Welch with illegally possessing a firearm as a convicted felon. On September 16, 2021, he pleaded guilty to the single charge.
This case was investigated by the Salem Police Department with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). It was prosecuted by the U.S. Attorney’s Office for the District of Oregon.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.