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4 January 2022
Ohio home healthcare provider agrees to pay $500,000 as part of False Claims Act settlementRead the Press Release
COLUMBUS, Ohio – A local home healthcare provider has agreed to pay half a million dollars to the government and close its operations as part of a False Claims Act settlement.
According to court documents, Academy Health Care Services is a home healthcare agency based in Dayton providing service to patients in Ohio, many of whom are disabled and living in group homes.
Academy’s owners include Jagdish, Nita and Vijay Patel, all of Ohio.
The settlement unsealed today details that the healthcare provider’s billing practices routinely caused Ohio Medicaid to pay at a higher level of reimbursement than warranted by the services provided as well as the setting in which the services were provided.
From 2014 until 2017, Academy billed for individual healthcare services when any services it actually provided were in group settings. Further, Academy nurses did not spend the time required with patients to receive reimbursement for individual services.
The healthcare provider will pay $500,000 in total, of which $250,000 is restitution.
As part of the settlement, Academy agrees to cease operations no later than June 30, 2022, and agrees that after Dec. 31, 2021, it will no longer provide services to beneficiaries of federal healthcare programs, including the Ohio Medicaid program, and will not submit claims for any services provided to beneficiaries of federal healthcare programs.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, announced the settlement and commended the work of the U.S. Department of Health and Human Services Office of Inspector General, Ohio Attorney General Dave Yost’s Medicaid Fraud Control Unit and Ohio Department of Medicaid. Deputy Civil Chief Andrew M. Malek and Assistant United States Attorney Stephanie Rawlings are representing the United States in this case.
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North County Property Owner Pleads Guilty to “Crack House” Indictment; Feds Force Sale and Forfeiture of Multi-Acre CompoundRead the Press Release
Assistant U.S. Attorneys Kevin Mokhtari (619) 546-8402 and David J. Rawls (619) 546-7966
NEWS RELEASE SUMMARY – January 4, 2021
SAN DIEGO – Sean T. Sheeter, the owner of a large residential compound located at 725 Poinsettia, Vista, California, pleaded guilty in federal court today, admitting that he maintained the property as a drug-involved premises. Sheeter was charged just before the pandemic, in March 2020, with a violation of the federal “Crack House” statute.
As part of the plea agreement, Sheeter admitted that he knowingly and intentionally rented, leased, profited from and made the property available for use to certain residents and guests. Sheeter admitted that he knew or reasonably should have known that many of the residents and guests used the property for the purpose of unlawfully storing, distributing and using federally controlled substances, including heroin and methamphetamine.
Sheeter also admitted that in many instances, his residents’ and guests’ primary reasons for renting, residing at, and/or visiting the property were so they could store, distribute and/or use controlled substances without interference. Sheeter admitted that this activity “was pervasive” on the property.
As part of his plea agreement and related documents, Sheeter’s property will be sold, and proceeds from that sale will be forfeited to the federal government. Sheeter is scheduled to be sentenced on April 1, 2022 at 9 a.m. before U.S. District Judge Janis L. Sammartino.
The federal indictment against Sheeter was the result of a multi-year investigation led by the North County Regional Gang Task Force, which is spearheaded by the FBI and the San Diego Sheriff’s Department. The investigation involved months of federal wiretaps, multiple undercover drug buys, and surveillance that led investigators to learn about the criminal activity on the property.
A search warrant unsealed with the indictment revealed that between January 1, 2017 and February 25, 2020, law enforcement activity at the property was extensive, including dozens of separate calls for service, arrests, citations, and seizures of controlled substance directly tied to the property. Today’s guilty plea is the first step in restoring normalcy to the Vista neighborhood that has been plagued by criminal activity emanating from the property.
“This property is no longer a drug-laden refuge for violent felons, gang members, drug dealers and drug users,” said U.S. Attorney Randy Grossman. “We will continue to use every tool we have to bring safety to our community.” Grossman thanked the prosecution team and all the law enforcement agencies for their hard work on this case.
“Today's guilty plea should send a message to others that are operating drug houses around the county,” said FBI Special Agent in Charge Suzanne Turner. “The FBI and our law enforcement partners will continue to bring investigative resources together, through a variety of different task forces, to root out criminal enterprises committed to furthering illegal activity.”
“The hard work conducted by the men and women of San Diego's North County Regional Gang Task Force in investigating this case and the partnerships used to abate this extensive narcotics problem is a huge step toward improving the quality of life in the surrounding community,” said Sheriff Bill Gore. “The multitude of criminal activity stemming from this residence not only impacted the area immediately surrounding it, but local schools and the neighboring cities of Vista and San Marcos. We are confident this abatement will bring about an improved quality of life for all impacted by this decision.”
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
DEFENDANT Case Number 21cr0656-JLS
Sean Terrence Sheeter Age: 73 Vista, CA
SUMMARY OF CHARGES
Maintaining a Drug-Involved Premises – Title 21, U.S.C., Section 856(a)(2)
Criminal Forfeiture – Title 21, U.S.C., Section 853Maximum Penalty: Twenty years in prison and $500,000 fine
AGENCIES
Federal Bureau of Investigation
San Diego Sheriff’s Department
United States Marshals Service
Bureau of Alcohol, Tobacco, Firearms and Explosives
Homeland Security Investigations
Drug Enforcement Administration
Carlsbad Police Department
Oceanside Police Department
Escondido Police Department
California Department of Corrections and Rehabilitation
California Highway Patrol
Department of Justice, Organized Crime and Drug Enforcement Task Force (OCDETF)
Department of Justice, Office of Enforcement Operations
North Carolina Man Pleads Guilty to Promoting Nationwide Tax Fraud SchemeRead the Press Release
A North Carolina man pleaded guilty yesterday to conspiring to defraud the United States by promoting a nationwide tax fraud scheme and assisting in the preparation and filing of false tax returns for the scheme’s participants.
According to court documents, Mehef Bey, also known as Arthur Daniels, of Charlotte, promoted a scheme that involved recruiting clients and preparing false tax returns on their behalf by convincing them that their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Bey and his co-conspirators held seminars across the country to publicize the scheme. As part of the scheme, Bey and his co-conspirators helped prepare and file tax returns for the participants, which collectively sought more than $64 million in refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to or withheld any taxes from these individuals. To make the refund claims appear legitimate, however, Bey and his co-conspirators filed tax documents with the IRS that matched the withholding information listed on the tax returns, making it seem as if they had been issued by the banks.
As part of his plea, Bey admitted he and his co-conspirators charged their clients approximately $10,000 to $15,000 in preparation fees for each tax return. Although Bey personally received more than $1 million for his role in the scheme, he did not file tax returns for the years 2015 and 2016 to report this income. For 2014, Bey filed a false income tax return on which he claimed a tax refund that he was not entitled to receive. On this return, he also did not report his income from promoting the scheme.
Bey also admitted he and his co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared” and coaching the participants how to conceal the scheme from the IRS.
Bey’s sentencing will be scheduled for a later date. He faces a maximum penalty of five years in prison for conspiring to defraud the United States and three years in prison for each of the two counts of aiding and assisting in the preparation and filing of a false tax return. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Three of Bey’s co-conspirators – Iran Backstrom, Aaron Aqueron and Yomarie Febres – pleaded guilty last month for their roles in the same scheme.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada, and Isaiah Boyd III of the Justice Department’s Tax Division and Assistant U.S. Attorney Chauncey A. Bratt of the U.S. Attorney’s Office for the Middle District of Florida are prosecuting the case.
North Carolina Man Pleads Guilty to Promoting Nationwide Tax Fraud SchemeRead the Press Release
Orlando, FL – A North Carolina man pleaded guilty yesterday to conspiring to defraud the United States by promoting a nationwide tax fraud scheme and assisting in the preparation and filing of false tax returns for the scheme’s participants.
According to court documents, Mehef Bey, also known as Arthur Daniels, of Charlotte, promoted a scheme that involved recruiting clients and preparing false tax returns on their behalf by convincing them that their mortgages and other debts entitled them to tax refunds. Between 2014 and 2016, Bey and his co-conspirators held seminars across the country to publicize the scheme. As part of the scheme, Bey and his co-conspirators helped prepare and file tax returns for the participants, which collectively sought more than $64 million in refunds from the IRS. These tax returns falsely claimed that banks and other financial institutions had withheld large amounts of income tax from the participants, thereby entitling the clients to a refund. In reality, the financial institutions had not paid any income to or withheld any taxes from these individuals. To make the refund claims appear legitimate, however, Bey and his co-conspirators filed tax documents with the IRS that matched the withholding information listed on the tax returns, making it seem as if they had been issued by the banks.
As part of his plea, Bey admitted he and his co-conspirators charged their clients approximately $10,000 to $15,000 in preparation fees for each tax return. Although Bey personally received more than $1 million for his role in the scheme, he did not file tax returns for the years 2015 and 2016 to report this income. For 2014, Bey filed a false income tax return on which he claimed a tax refund that he was not entitled to receive. On this return, he also did not report his income from promoting the scheme.
Bey also admitted he and his co-conspirators concealed their roles in the scheme by, among other things, indicating the false tax returns had been “self-prepared” and coaching the participants how to conceal the scheme from the IRS.
Bey’s sentencing will be scheduled for a later date. He faces a maximum penalty of five years in prison for conspiring to defraud the United States and three years in prison for each of the two counts of aiding and assisting in the preparation and filing of a false tax return. He also faces a period of supervised release, restitution, and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Three of Bey’s co-conspirators – Iran Backstrom, Aaron Aqueron and Yomarie Febres – pleaded guilty last month for their roles in the same scheme.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Roger B. Handberg for the Middle District of Florida made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys Melissa S. Siskind, Kavitha Bondada, and Isaiah Boyd III of the Justice Department’s Tax Division and Assistant U.S. Attorney Chauncey A. Bratt of the U.S. Attorney’s Office for the Middle District of Florida are prosecuting the case.
New Orleans Woman Pleads Guilty to Misprision of a Felony and Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today that JOSELYN BARRA, 54, from St. Tammany Parish, pled guilty on December 16, 2021 to counts two and three of the superseding indictment for misprision of a felony and for being a felon in possession of a firearm, in violation of Title 18, United States Code, Sections 4, 922(g)(1), and 924(a)(2), respectively. BARRA was indicted by a Federal Grand Jury on July 1, 2021.
According to court documents, in May 2019, while investigating a shooting in the Seventh Ward of New Orleans, detectives located four firearms and a bullet-proof vest in BARRA’s home. Before May 2019, both BARRA and her son, Matthew Barra, were convicted of various felonies, which precluded them from possessing firearms. BARRA lied to police and attempted to subvert the investigation, for which she was charged with misprision of a felony.
At sentencing, for count two, misprision of a felony, BARRA faces up to a maximum term of imprisonment of three (3) years, a maximum fine of up to $250,000, up to one (1) year of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Section 4. For count three, felon in possession of a firearm, she faces up to a maximum term of imprisonment of ten (10) years, a maximum fine of up to $250,000, up to three (3) years of supervised release following any term of imprisonment, and a $100 mandatory special assessment fee, pursuant to Title 18, United States Code, Section 924(a)(2).
This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safe for everyone. 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.
The case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. It was prosecuted by Assistant United States Attorney Melissa Bücher of the U.S. Attorney’s Office.
Massachusetts Man Sentenced to 60 Months for Drug TraffickingRead the Press Release
CONCORD - Gianno Koeiman, 31, of Lawrence, Massachusetts was sentenced to 60 months in federal prison for possession of fentanyl and cocaine with intent to distribute, United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on February 22, 2017, an undercover Salem police officer observed what he believed to be a drug transaction in the shoe department of a local store between Koeiman and a drug customer. The officer observed the men leave the store and get into separate vehicles. The drug customer stayed in his car and began to inject himself with drugs. After being approached by an officer, the customer confirmed he had just purchased one gram of heroin from the man in the shoe department.
In the meantime, a second Salem police officer followed Koeiman’s vehicle and stopped it. After explaining what the first officer observed in the shoe department, Koeiman responded that those observations were accurate. When asked if he had illegal substances in the car, Koeiman responded that he did and consented to a search of the trunk. The search revealed 95 baggies which contained a total of approximately 67 grams of fentanyl and 23 baggies which contained a total of approximately 16 grams of cocaine.
Koeiman previously pleaded guilty on August 30, 2021. In addition to his sentence, Koeiman was ordered to pay a $1,000 fine.
“Drug traffickers who come to New Hampshire to sell fentanyl and other dangerous substances should understand that their unlawful conduct will not be tolerated,” said U.S. Attorney Farley. “By brazenly selling drugs inside a store, this defendant endangered members of the public. We will continue to work closely with our law enforcement partners to identify and prosecute the drug dealers whose illegal conduct jeopardizes public safety in the Granite State.”
This matter was investigated by the Drug Enforcement Administration and Salem Police Department. The case was prosecuted by Assistant U.S. Attorney John S. Davis.
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Massachusetts Man Pleads Guilty to Possessing Stolen TrailersRead the Press Release
CONCORD - Robert Gramolini, 63, of Malden, Massachusetts, pleaded guilty in federal court to possession or storage of stolen goods, United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on May 16, 2020, Gramolini was seen on video stealing a black enclosed trailer from a business in Hampton, New Hampshire. Law enforcement located the stolen trailer at a storage lot in Brentwood on September 11, 2020. The owner of the storage lot confirmed Gramolini rented space on his lot to store trailers and other items and gave the officers permission to inspect the lot. In Gramolini’s space on the lot officers found, among other things, the trailer stolen from Hampton as well as three other trailers stolen from Massachusetts.
In a statement to law enforcement, Gramolini gave varying stories about how he acquired the trailers but admitted to stealing the Hampton trailer. He also said that he took one of the other trailers “off the side of the road.”
Gramolini is scheduled to be sentenced on April 26, 2022.
“I am grateful to the law enforcement officers whose hard work put an end to this defendant’s criminal activities and held him accountable for his unlawful conduct,” said U.S. Attorney Farley. “We work each day with our law enforcement partners to protect residents of the Granite State from crime and to seek justice for crime victims.”
This matter was investigated by the Federal Bureau of Investigation, the Hampton Police Department, and the Brentwood Police Department. The case is being prosecuted by Assistant U.S. Attorney Matthew T. Hunter.
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Maryland United States Attorney’s Office Announces Supervisory AppointmentsRead the Press Release
Erek L. Barron, the United States Attorney for the District of Maryland, announced today several new senior supervisory appointments. The following personnel changes were made following an office-wide internal review and a competitive interview and assessment process:
- Thomas Corcoran and Tarra Deshields were appointed as Chief and Deputy Chief, respectively, of the Civil Division;
- Kristi O’Malley was appointed as a Deputy Chief of the Criminal Division;
- Kelly Hayes and Jessica Collins were appointed as Chief and Principal Deputy Chief, respectively, of the Southern Division;
- Brandon Moore and Elizabeth Wright were appointed as Deputy Appellate Chiefs of the Appellate Division;
- Kathleen Gavin and Aaron Zelinsky were appointed as Chief and Deputy Chief, respectively, of the National Security and Cyber Crime Section; and
- Frank Burch was appointed as a Supervisor in the Victim-Witness Assistance Unit.
“I am proud to report that in our first 100 days we're now more diverse in our senior management team than at any time in the history of our Office. This diverse set of professionals adds greater depth of experience and perspective to our decision-making and makes our Office stronger, and more fully representative of the people of the District of Maryland,” said United States Attorney Erek L. Barron.
These individuals join a management team that includes: First Assistant United States Attorney, Phil Selden; Executive Assistant United States Attorney, Ayn Ducao; and Senior Counsel to the United States Attorney, Stephen Schenning. Former Acting U.S. Attorney and First Assistant Jonathan Lenzner has been serving as senior advisor to the DEA Administrator Anne Milgram, but will start a detail next week as Chief of Staff to FBI Director Christopher Wray. “With these leadership appointments, the public can be assured that the Office will maintain its traditions and the highest standards of professionalism well into the future while also working to reflect Marylanders and the communities were are sworn to protect and represent,” added United States Attorney Barron. A brief professional biography of each of these appointees is attached to this release.
In addition to these supervisory appointments, United States Attorney Barron announced that the Office has created a Hiring Committee, led by Senior Counsel Steve Schenning and Assistant United States Attorney Christine Goo, to assist the Office in recruiting and hiring the best qualified candidates to serve as Assistant United States Attorneys (AUSAs) in the District of Maryland. Under Steve and Christine’s leadership, the Hiring Committee, will seek to expand both the candidate pool and ultimately broaden the diversity of perspectives and abilities within the Office.
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Thomas Corcoran
Chief, Civil DivisionTom Corcoran is the Chief of the Civil Division for the District of Maryland, overseeing attorneys in Baltimore and Greenbelt, who defend federal agencies when sued in court, prosecute civil enforcement activities in fraud matters and collect debts owed to the United States.
During his tenure with the Office, Tom previously served as Deputy Civil Chief, Affirmative Civil Enforcement Coordinator and Civil Healthcare Fraud Coordinator. During his tenure in the Civil Division, Tom has focused his practice on affirmative civil investigations of corporations, individuals, physicians, universities, and hospitals under the False Claims Act as well as civil investigations of pharmacies, distributors, and providers under Controlled Substances Act.
Prior to joining the Office, Tom practiced at two Baltimore law firms, Shapiro and Olander and Baxter, Baker, Sidle and Conn. Tom started his legal career in Columbia, South Carolina at the law firm of Nelson, Mullins, Riley and Scarborough. Tom received his undergraduate degree, with high honors, from Cornell University, where he was also a member of the Cornell Men’s Lacrosse Team. He received his Juris Doctor from Tulane University School of Law, cum laude, where he was the Notes and Comments Editor on the Tulane Journal of International and Comparative Law.
Tarra Deshields
Deputy Chief, Civil DivisionTarra Deshields is the Deputy Chief of the Civil Division for the District of Maryland. Her portfolio includes both defensive cases and False Claims Act litigation and she serves as the Office’s Affirmative Civil Enforcement and Health Care Fraud Coordinator.
During her tenure with the Office, Tarra has handled 14 trials. She has handled a variety of Criminal Division and Civil Division cases including, but not limited to, Export Act violations, racketeering offenses, mortgage, bank and tax fraud, immigration offenses, bank robbery and firearms offenses, as well as medical malpractice and employment discrimination actions. Tarra has also negotiated numerous False Claims Act settlements.
Before joining the Office, Tarra began her legal career as an Assistant State’s Attorney in the Montgomery County, Maryland State’s Attorney’s Office and as an Assistant Attorney General at the Maryland Attorney General’s Office, where she wrote numerous appellate briefs, and twice authored amicus briefs, both criminal and civil, in the United States Supreme Court. Tarra has also argued 10 times before the Maryland Court of Appeals. Tarra clerked for the Honorable Charles E. Moylan Jr. for the Maryland Court of Special Appeals. She received her Bachelor of Arts degree from the University of Maryland, Baltimore County and her law degree from the University of Baltimore School of Law.
Kristi O’Malley
Deputy Chief, Criminal DivisionKristi O’Malley serves as the Deputy Chief of the Criminal Division for the United States Attorney’s Office for the District of Maryland.
During her tenure with the Office, Kristi has previously served as the Principal Deputy Chief and Chief of the Greenbelt office and Deputy Criminal Division Chief as well as the Office’s Project Safe Childhood and Human Trafficking Coordinators, Intern Coordinator and Civil Rights Coordinator. As an Assistant United States Attorney, Kristi has handled 15 jury trials. She has prosecuted a variety of cases including, but not limited to, the production of child pornography, human trafficking, bank robbery, sanctions violations, mortgage and foreclosure rescue fraud, identity theft, narcotics and firearms related cases and civil rights crimes.
Prior to joining the Office, Kristi clerked for the Honorable Emmet G. Sullivan in the United States District Court for the District of Columbia and was an associate with a national law firm where she focused on white collar criminal defense. Kristi received her undergraduate degree from Claremont McKenna College, summa cum laude and Phi Beta Kappa, and her Juris Doctor from the University of Virginia where she was a member of the Order of Coif and was a Notes Development and Executive Editor for the Virginia Journal of International Law. Kristi has also taught at the Georgetown University Law Center.
Kelly Hayes
Chief, Southern DivisionKelly Hayes is the Chief of the Southern Division of the United States Attorney’s Office for the District of Maryland.
During her tenure with the Office, Kelly has served as the Office’s Identity Theft Coordinator, Health Care Fraud Coordinator, Deputy Appellate Chief, and Deputy Chief and Principal Deputy Chief for the Southern Division. She has prosecuted a variety of cases including, but not limited to, carjacking, Hobbs Act robbery, production of child pornography, wire, bank and health care fraud, as well as fatal overdoses.
Prior to joining the Office, Kelly clerked for the Honorable Janis L. Sammartino in the Southern District of California and was an associate at Ropes & Gray in Washington, D.C. Kelly received her undergraduate degree from the University of Maryland at College Park, summa cum laude, and her Juris Doctor from the University of North Carolina at Chapel Hill, where she earned Highest Honors, was a Chancellors’ Scholar, and served as the Comments Editor for the New Carolina Law Review.
Jessica Collins
Deputy Chief, Southern DivisionJessica Collins is the Deputy Chief of the Southern Division of the U.S. Attorney’s Office for the District of Maryland.
During her tenure with the Office, Jessica has served as the Office’s Health Care Fraud Coordinator and has prosecuted a variety of cases, including but not limited to, wire, mail, health care and tax fraud, aggravated identity theft, narcotics offenses involving opioids and drug trafficking and firearms offenses.
Prior to joining the Office, Jessica clerked for the Honorable J. Frederick Motz and the Honorable Catherine C. Blake in the United States District Court for the District of Maryland and for the Honorable Henry F. Floyd on the United States Court of Appeals for the Fourth Circuit. She also was an associate at a national law firm and served as a trial attorney at the Department of Justice’s Criminal Division’s Fraud Section, where she prosecuted health care fraud cases throughout the United States. Jessica received her undergraduate degree from Tulane University, cum laude and Phi Beta Kappa, and her Juris Doctor from New York University School of Law, magna cum laude, where she was also a Florence Allen Scholar, a member of the Order of Coif, and was a Notes Editor for the New York University Law Review.
Kathleen Gavin
Chief, National Security and Cyber Crimes SectionKathleen Gavin is the Chief of the National Security and Cyber Crimes Section for the United States Attorney’s Office for the District of Maryland. Kathleen investigation and prosecuting cases involving terrorism, counterespionage, export violations and cybercrimes. Kathleen also serves as the Anti-Terrorism Advisory Council (ATAC) Coordinator. The ATAC was formed to prevent terrorist attacks; to ensure effective information sharing between law enforcement, public agencies, and private entities to help combat terrorism; and to ensure adequate management plans are in place in the event of a terrorist attack.
In her role as the Chief of the National Security and Cyber Crimes Section, Kathleen draws on her more than 30 years of experience in the Office. During her tenure with the Office, she has served as the Deputy Chief and Chief of the Fraud and Corruption Section. Kathleen has also prosecuted a variety of fraud and political corruption cases, as well as a variety of national security matters, including but not limited to, RICO conspiracy, extortion, bribery, mail and wire fraud, tax violations, obstruction of justice and Arms Export Act violations. Kathleen was awarded the United States Department of Justice’s National Director’s Award for Superior Performance, the United States Attorney’s Office’s Barney Skolnik Award, three times, for Excellence in the Prosecution of Fraud and a Special Achievement Award. Her convictions have been affirmed by the United States Court of Appeals for the Fourth Circuit and the United States Supreme Court.
Prior to joining the Office, Kathleen was an associate at Venable, LLP where she practiced commercial and employment litigation. Kathleen received her undergraduate degree, with Distinction, from the University of Virginia, where she was also four-year member of the Virginia Women’s Lacrosse Team and was recognized with the Most Valuable Player Award. She received her Juris Doctor, with Honors, from University of Maryland Law School.
Aaron Zelinsky
Deputy Chief, National Security and Cyber Crimes SectionAaron is the Deputy Chief of the National Security and Cyber Crimes Section of the United States Attorney’s Office for the District of Maryland.
During his tenure with the Office, has served in the Office Major Crimes section and Fraud and Public Corruption Section, where he has served as a Computer Hacking and Intellectual Property coordinator (CHIP), Covid Fraud Co-Coordinator, and Procurement Collusion Strike Force Coordinator.
Prior to joining the Office, Aaron worked at the United States State Department, where he served as Special Assistant to State Department Legal Adviser Harold Koh. Aaron clerked for Justices John Paul Stevens (Ret.), Anthony Kennedy on the United States Supreme Court, the Honorable Thomas B. Griffith on the United States Court of Appeals for the District of Columbia Circuit and for Chief Justice Dorit Beinsich of the Israeli Supreme Court. Aaron received his undergraduate degree from Yale College and his Juris Doctor from Yale Law School, where he was an Articles Editor of the Yale Law Journal. Aaron has also worked as an Assistant Special Counsel to Robert S. Mueller, III. He has taught at the University of Maryland Law School and Peking University.
Brandon Moore
Deputy Chief, Appellate DivisionBrandon is the Deputy Chief of the Appellate Division of the U.S. Attorney’s Office for the District of Maryland.
During his tenure with the Office, Brandon has served in the Violent Crime and Gangs Unit and as a member of the Office’s Sentencing Issues Review Board. Brandon has prosecuted a variety of cases, including but not limited to, homicide, carjacking, Hobbs Act robbery, and RICO conspiracy as well as multiple appellate matters before the United States Court of Appeals for the Fourth Circuit.
Prior to joining the Office, Brandon clerked for the Honorable George L. Russell, III, and the Honorable Theodore D. Chuang in the United States District Court for the District of Maryland, as well as for the Honorable Andre M. Davis on the United States Court of Appeals for the Fourth Circuit. After his clerkships, he worked as a litigation associate at Gallagher, Evelius & Jones, LLP. Brandon received his undergraduate degree from Towson University, cum laude and his Juris Doctor from the University of Maryland Law School, cum laude, where he was managing editor of the Maryland Law Review.
Elizabeth Wright
Deputy Chief, Appellate DivisionElizabeth Wright is the Deputy Chief of the Appellate Division of the U.S. Attorney’s Office for the District of Maryland.
During her tenure with the Office, Elizabeth has served as one of the Office’s Opioid Coordinators and a Professional Responsibility Officer as well as being a part of the Sentencing Issue Review Board. As a federal prosecutor, Elizabeth has handled nine jury trials. She has prosecuted a variety of cases including, but not limited to, credit card fraud and aggravated identity theft, Social Security fraud, contraband cigarette trafficking, drug distribution, firearms related crimes, money laundering and Hobbs Act robbery. Elizabeth has also argued five times before the United States Court of Appeals for the Fourth Circuit.
Prior to joining the Office, Elizabeth clerked for the Honorable Gary A. Feess in the United States District Court for the Central District of California and for the Honorable A. Wallace Tashima on the United States Court of Appeals for the Ninth Circuit. She also was an associate at a national law firm where she focused on Foreign Corrupt Practices Act investigations as well as environmental and appellate litigation. Elizabeth also previously worked as an Assistant United States Attorney for the United States Attorney’s Office for the Western District of Virginia. She also previously served as the national coordinator for human trafficking matters for the Department of Justice’s Money Laundering and Asset Recovery Section. Elizabeth received her undergraduate degree from Yale University, cum laude and with distinction and her Juris Doctor from Yale Law School where she was a member of the Yale Law & Policy Review. Elizabeth has previously taught at the Department of Justice’s National Advocacy Center.
Frank Burch
Supervisor Victim SpecialistFrank Burch is the Supervisor Victim Specialist for the U.S. Attorney’s Office for the District of Maryland.
Frank manages the Victim Specialists working in the Baltimore and Greenbelt offices.
During his tenure with the Office, has served as a Victim Specialist in Baltimore. Frank previously served as a Law Enforcement Coordination & Victim-Witness Specialist where he assisted the Law Enforcement Coordinator in developing, implementing and coordinating several programmatic activities with a focus on combating Human Trafficking.
Prior to joining the Office, Frank earned a Bachelor of Arts in Government and Public Policy from the University of Baltimore and a Master’s Degree in Negotiations and Conflict Management from the University of Baltimore, cum laude.
Marshall County man admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Jacob Lee McKinley, of Moundsville, West Virginia, has admitted to a drug charge, United States Attorney William J. Ihlenfeld, II announced.
McKinley, 30, pleaded guilty today to one count of “Distribution of Methamphetamine within 1,000 feet of a Protected Location.” McKinley admitted to selling methamphetamine near Golden Towers in Marshall County in March 2021.
McKinley faces at least one year and up to 40 years of incarceration and a fine of up to $2,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Clayton J. Reid is prosecuting the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Local man pleads guilty for possession with intent to distribute methamphetamineRead the Press Release
ST. LOUIS – United States District Court Judge John A. Ross accepted a plea of guilty from Adam Jones today. A grand jury in the Eastern District of Missouri previously indicted Jones in February 2021. Sentencing is scheduled for April 12, 2022.
According to the plea agreement, on or about July 15, 2020, within the Eastern District of Missouri, Jones knowingly and intentionally possessed more than five (5) grams of actual methamphetamine and that at the time Jones possessed the actual methamphetamine, he intended to distribute some or all of the actual methamphetamine to another person.
Beginning in May 2020, members of the St. Charles County Regional Drug Task Force ("SCCRDTF") and the Drug Enforcement Administration ("DEA") conducted a total of five undercover purchases of methamphetamine from Jones. SCCRDTF successfully introduced an undercover detective to Jones, who made the purchases of methamphetamine from Jones over an approximately 2-month period between May and July of 2020. In addition, on July 15, 2020, Jones’ car was stopped by law enforcement and Jones was in possession of approximately one ounce of actual methamphetamine.
This case was investigated by the St. Charles County Regional Drug Task Force and the Drug Enforcement Administration.
Leeds Man Sentenced to 10 Years in Prison for Two RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a Leeds man in connection with two robberies, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
U.S. District Judge Abdul K. Kallon sentenced Adam James Mordecai, 38, to 120 months in prison. Mordecai pleaded guilty to one count of Hobbs Act Robbery and one count of Bank Robbery in August 2021.
According to the plea agreement, Mordecai committed robberies at two different locations in Birmingham taking prescription drugs and cash. The robberies occurred in June and October 2020.
On June 2, 2020, Mordecai entered the CVS Pharmacy located on Gadsden Highway in Birmingham and walked around the store for approximately 30 minutes before approaching the pharmacist. Mordecai lifted his shirt to show the pharmacist a firearm in his waistband and demanded “Alprazolam” (Xanax). The pharmacist told Mordecai that the Xanax was in a time delayed safe. Mordecai did not believe her, so he opened the pharmacy counter door and went behind the counter where the pharmacy kept filled prescriptions. Mordecai filled a plastic tote with more than $20,000 worth of filled prescriptions and left the pharmacy.
On October 26, 2020, Birmingham Police officers responded to a robbery at the Alatrust Credit Union located on Montclair Road in Birmingham. Mordecai approached the teller and asked for a deposit slip. The teller handed Mordecai the deposit slip, and he wrote on the back, “Large bills only hurry make no scene,” and returned the slip to the teller. The teller gave Mordecai $3,800. Mortdecai left the bank in a white Dodge Journey. Shortly thereafter, Irondale police officers found a disabled white Dodge Journey near some apartments. The officers learned that Mordecai was inside his apartment and set up a perimeter until he exited his apartment voluntarily.
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.
FBI investigated the case along with the Birmingham Police Department and Irondale Police Department. Assistant U.S. Attorney Brittney Plyler prosecuted the case.
Lansing Man Sentenced to 46 Months in PrisonRead the Press Release
HAMMOND- Julio Cesar Galvan, 29, of Lansing, Illinois was sentenced by United States District Court Judge James Moody after pleading guilty to being a felon in possession of ammunition, announced United States Attorney Clifford D. Johnson.
Galvan was sentenced to 46 months in prison followed by 2 years of supervised release
According to documents in the case, on March 19, 2021, Hammond Police Officers were conducting a sobriety checkpoint when they encountered Galvan. A search of his vehicle resulted in the recovery and seizure of a fully loaded black and gray handgun. The gun was a “ghost gun” that lacked a serial number or other identifiers. Because Galvan was a convicted felon at the time of the stop, he could not legally possess a firearm or ammunition.
This was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hammond Police Department. This case was prosecuted by Assistant U.S. Attorney Caitlin M. Padula.
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.
Justice Department Secures Agreement with Hospital to Ensure Effective Communication with Deaf Patients and CompanionsRead the Press Release
Today the Justice Department reached an agreement under the Americans with Disabilities Act (ADA) with Adventist Health System Georgia Inc., d.b.a. AdventHealth-Gordon (Advent), a hospital in Calhoun, Georgia.
The settlement resolves a complaint by a deaf patient who alleged that despite her requests for an American Sign Language (ASL) interpreter for her labor and delivery, Advent failed to provide an interpreter or any other communication aid or service. Instead, the patient alleged that she was forced to rely on lip reading and on her deaf companion, who tried to advocate for her even though she too had difficulty trying to understand and communicate with hospital staff. Because of Advent’s failure to provide an interpreter or other means of effective communication, the patient and companion were not able to get important information about a complication during the delivery, which created fear and confusion for both. Advent cooperated fully with the department’s investigation of this matter, which substantiated the allegations in the complaint.
“No patient should be denied the ability to communicate effectively with their nurse or doctor, especially when giving birth to a child,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This settlement reflects the Justice Department’s commitment to ensuring that people who are deaf and hard of hearing are not excluded from participating in their own health care due to a lack of communication aids or services.”
Under the terms of the agreement, Advent will advise patients and companions of their right to auxiliary aids and services to ensure effective communication, including a live qualified sign language interpreter, whether through video or on-site. The hospital will provide, at all reception areas, prompt communication via text, pen and paper, and the use of a handheld device to connect with a qualified interpreter. Advent will continue to assess communication needs and provide effective communication throughout the hospital visit. The hospital will modify its policies and practices, train its staff on the ADA and the terms of the agreement, and will periodically submit reports about its compliance with the agreement. In addition, Advent will pay $50,000 to the patient and $10,000 to the companion, who were both harmed by Advent’s actions.
This case was handled by the department’s Civil Rights Division. The department plays a central role in advancing the nation’s goal of equal opportunity, full participation, independent living and economic self-sufficiency for people with disabilities.
For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.
Justice Department Awards More Than 10-Million to Support Criminal Justice Initiatives in the Western District of New YorkRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, NY – U.S. Attorney Trini E. Ross announced today that the Justice Department has awarded grant funding to 17 organizations totaling $10,369,180, to support criminal justice initiatives across the Western District of New York.
“These grants have been awarded to a variety of school districts, police departments, social service agencies, and local governments across the 17 counties of the Western District of New York,” stated U.S. Attorney Ross. “The funding will be used to address deadly gun violence, human trafficking, and provide services to victims of crime. The funding will also allow a number of the grantee organizations to be proactive, focusing on youth suicide prevention, mentoring, and youth engagement.”
Grants have been awarded to address the following areas:
Human Trafficking:
• The International Institute of Buffalo has been awarded three grants totaling $2,015,000 to combat human trafficking through collaboration between law enforcement and service providers, to provide housing assistance grants to victims of human trafficking, and to provide services for youth victims of labor trafficking.
• The Erie County Bar Association Volunteer Lawyers Project, Inc. has been awarded $800,000 to provide legal services to victims of human trafficking.
• Erie County has been awarded $750,000 for efforts to combat human trafficking.Victims Services:
• The Seneca Nation of Indians has been awarded $422,695 to provide culturally appropriate victim services.
Services for Youth:
• Compeer West, Inc. has been awarded $1,200,000 to support expansion of its multi-state mentoring program.
• The Sodus Central School District has been awarded $999,936. Sodus, along with the Lyons and Newark Central School Districts, will serve five high need rural school buildings. The Forming Attachment to Reduce Risk program will improve student safety for over 1,900 students.
• The North Rose-Wolcott Central School District has been awarded $989,902 for the Improving School Safety by Re-Engaging Youth Initiative. The district will partner with the Wayne County Sheriff’s Office to focus on 9th - 12th graders.
• The Seneca Falls School District has been awarded $526,191 to focus, along with the Romulus and South Seneca School Districts, on preventing youth suicide. With a high rate of suicide in Seneca County, the district will focus on training, prevention, and intervention to respond to student mental health in an effort reduce the number of students who contemplate, attempt, and/or commit suicide.
• The Olean City School District has been awarded $424,997 from the COPS School Violence Prevention Program for school safety measures in and around primary and secondary schools.Law Enforcement Initiatives:
• Monroe County has been awarded $436,734 to ease the backlog of items awaiting DNA testing at the Monroe County Crime Laboratory.
• The City of Buffalo has been awarded $257,047 to support criminal justice initiatives.
• The City of Rochester has been awarded $164,896 for violence prevention, crisis intervention services, and victims assistance.
• Erie County has been awarded $45,000 to prosecute cold cases using DNA in Buffalo and Erie County.
• The City of Niagara Falls has been awarded $40,648 to support criminal justice initiatives.
• The Research Foundation for the State University of New York at Geneseo has been awarded $27,399 for police body worn cameras for the SUNY Geneseo Police Department.
• The City of Jamestown has been awarded $18,150 to purchase portable radios for the Jamestown Police Department.Reentry and Recidivism Initiatives:
• Monroe County has been awarded $700,000 for its Swift, Certain, and Fair Program, which focuses on reducing recidivism of firearm offenders.
• Catholic Charities of the Diocese of Rochester has been awarded $218,413 to support the Steuben and Livingston Counties Second Chance Reentry Program.Opiate Initiatives:
• Chautauqua County has been awarded $899,910 to create the Chautauqua Comprehensive Addiction Response and Evaluation System (Chautauqua CARES), a county-wide, multi-sector network of law enforcement, behavioral health, and other community agencies collaborating to increase the accessibility, timeliness, and effectiveness of help for individuals with substance use disorders and their families.
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Johnstown Man Sentenced to 64 Months in Prison and 3 Years’ Supervised Release for Distributing HeroinRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, PA, has been sentenced in federal court to a total of five years and four months (64 months) in prison and three years’ supervised release on his conviction of distributing heroin and violations of supervised release, United States Attorney Cindy K. Chung announced today.
Senior United States District Judge Kim R. Gibson imposed the sentence on Willie Gene Gulley, Jr., 52, of Johnstown, PA.
According to information presented to the court, on or about March 1, 2018 and March 20, 2018, Gulley distributed less than 100 grams of heroin. As a result of these charges and conviction, Gulley violated terms of supervised release from two prior federal convictions for drug trafficking.
Assistant United States Attorney Maureen Sheehan-Balchon prosecuted this case on behalf of the government.
Ms. Chung commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation and the Cambria County Drug Task Force for the investigation that led to the successful prosecution of Gulley.
Jason R. Coody Appointed as U.S. Attorney for the Northern District of Florida by Attorney General Merrick GarlandRead the Press Release
Attorney General Merrick Garland tapped Jason R. Coody to the be the United States Attorney for the Northern District of Florida, effective December 26, 2021.
Coody was appointed Acting United States Attorney in March 2021, after the resignation of then U.S. Attorney Larry Keefe. Coody served as Acting U.S. Attorney under the Vacancies Reform Act, prior to the recent Attorney General appointment.
“It is an honor to serve the citizens of the Northern District of Florida and work every day to keep our communities safe,” said United States Attorney Coody. “I am privileged to serve with an incredibly talented team of professionals in the U.S. Attorney’s Office and exceptional local, state, and federal law enforcement partners, who are all dedicated to the mission of justice.” His primary office will be in Tallahassee.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Houston Man Guilty of Making False Statements Leading to Unnecessary Federal InvestigationRead the Press Release
BEAUMONT, Texas – A Houston man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Gary Dwon Gaffney, 36, pleaded guilty to making false statements to federal agents today before U.S. District Judge Marcia Crone.
According to information presented in court, on August 21, 2021, Gaffney was arrested on an unrelated warrant for a theft charge and was booked into the Liberty County Jail. While in custody, Gaffney requested to speak to officers in reference to having knowledge about a plot to bomb the Mickey Leland Federal Building in Houston. Gaffney named two individuals and claimed they had already acquired fertilizer and detonation devices to execute the bombing. As a result of Gaffney’s false statements, an extensive federal investigation was launched. Agents were not able to find any evidence to confirm Gaffney’s claims and he eventually admitted to making the fraudulent statements.
Gaffney was indicted by a federal grand jury on Nov. 3, 2021. He faces up to five years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Rachel Grove.
Harrisburg Drug Dealer Affiliated with Local Rap Group Sentenced to over 11 Years’ ImprisonmentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kaleaf Brown, age 26, of Harrisburg, Pennsylvania, was sentenced on January 3, 2022, to 140 months’ imprisonment by U.S. District Court Judge Christopher C. Conner for drug trafficking and weapons offenses.
According to United States Attorney John C. Gurganus, Brown and his codefendants ran a drug trafficking conspiracy from 2018 to the present. Members of the conspiracy were affiliated with a music group named “Never Forget Loyalty” or “NFL.” As a part of their drug trafficking operation, the “NFL” posted videos on YouTube which were filmed in various Harrisburg locales, including the drug involved premises of 1621 Market Street. In the videos, members of the group brandished various weapons, flashed cash, and displayed drugs. In a yearlong investigation, ATF and the local law enforcement conducted a series of searches. During these searches police recovered part of their arsenal, including a machine gun, assault rifles, and various weapons with extended magazines.
Kaleaf Brown was the latest in a series of defendants to be sentenced for drug trafficking and weapons offenses as a result of the investigation. Brown’s codefendants’ court proceedings are summarized as follows:
- Tyquann Langston, age 26, of Harrisburg, was sentenced to 10 years’ imprisonment for his role in the conspiracy to trafficking crack cocaine and other drugs in the City of Harrisburg;
- Donza Brown, age 57, of Harrisburg, was sentenced to 37 months’ imprisonment for selling crack cocaine and maintaining a drug involved premises at 1621 Market Street in Harrisburg;
- Jaionne Miller, age 21, and Adieas Johnson, age 33, both of Harrisburg, pleaded guilty to drug trafficking and weapons offenses. They are awaiting sentencing; and
- Qushawn Brown, age 30, Wesley Garner, age 28, and Anderson Ortiz, age 22, all of Harrisburg, have pleaded not guilty to their role in these offenses. They are scheduled for trial in March 2022.
The case was investigated by Bureau of Alcohol Tobacco, Firearms, and Explosives, the Harrisburg Bureau of Police, and the Pennsylvania State Police. Assistant U.S. Attorney Michael Consiglio is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”
This case was also made possible by investigative leads generated from the ATF’s National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Guatemalan National Pleads Guilty to Illegal ReentryRead the Press Release
BOSTON – A Guatemalan national pleaded guilty today in federal court in Boston to illegally reentering the United States after deportation.
Darwin Geovani Herrera Orellana, 31, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for May 5, 2022. Herrera Orellana was indicted in September 2021.
Herrera Orellana was initially encountered in Arizona in 2009, determined to be illegally present in the United States and subsequently deported. Sometime thereafter his removal, Herrera Orellana illegally reentered the United States and was arrested in Texas in 2012. Herrera Orellana was again placed into removal proceedings and deported.
In December 2020, Herrera Orellana was arrested in Waltham and charged with, among other things, assault and battery with a dangerous weapon. In June 2021, he was convicted of assault and battery with a dangerous weapon and sentenced to 14 months in prison. In July 2021, while serving this sentence in the Middlesex County House of Correction, agents determined that Herrera Orellana was illegally present in the United States after the fingerprints from his Waltham arrest and noncitizen records were determined to be a positive match. Upon completion of his prison sentence, Herrera Orellana was subsequently transferred into federal custody where he remains detained.
The charge of unlawful reentry of a deported alien provides for a sentence of up to two years in prison, one year of supervised released and a fine of up to $250,000. Herrera Orellana will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Mendell’s Major Crimes Unit is prosecuting the case.
Georgia Woman Sentenced to 41 Months in COVID-19 Fraud SchemeRead the Press Release
A Georgia woman was sentenced today to 41 months in prison for her scheme to fraudulently obtain more than $7.9 million in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
According to court documents, Hunter VanPelt, aka Ellen Corkrum, 49, of Roswell, pleaded guilty in August 2021 to bank fraud after submitting six fraudulent PPP loan applications to four different lenders on behalf of Georgia Nephrology Physician Associated, United Healthcare Group & Co., Nephrology Network Group LLC, First Corporate International, Corkrum Consolidated Inc., and Kiwi International Inc, entities she owned or controlled. Through the loan applications, VanPelt sought more than $7.9 million and obtained over $6 million in PPP loan funds.
According to court documents, VanPelt lied about the number of employees and payroll expenses in each of the six PPP loan applications. To support the fraudulent PPP loan applications, VanPelt also submitted fraudulent tax records, bank statements, and payroll reports. VanPelt, who legally changed her name from Ellen Corkrum to Hunter VanPelt in July 2016, submitted three of the PPP loan applications using the name VanPelt and the other three PPP loan applications using the name Corkrum.
The Justice Department, working with law enforcement partners, seized and recovered approximately $2.1 million of the disbursed PPP funds in this matter. An additional $1.6 million of the disbursed PPP funds were seized by a bank and returned to the lender.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; U.S. Attorney Kurt R. Erskine for the Northern District of Georgia; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; Special Agent in Charge Chris Hacker of the FBI’s Atlanta Field Office; and Special Agent in Charge Edwin S. Bonano of the Federal Housing Finance Agency – Office of Inspector General (FHFA-OIG) Southeast Region made the announcement.
The FBI and FHFA-OIG investigated the case.
Trial Attorney Chris Wenger of the National Rapid Response Strike Force of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Christopher Huber, Deputy Chief of the Complex Frauds Section of the U.S. Attorney’s Office for the Northern District of Georgia, prosecuted the case.
The Fraud Section leads the Criminal Division’s prosecution of fraud schemes that exploit the PPP. Since the inception of the CARES Act, the Fraud Section has prosecuted over 150 defendants in more than 95 criminal cases and has seized over $75 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Postal Employee Sentenced for Mail Theft at Loranger Post OfficeRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans, announced that HAROLD SAINTES, JR. age 53, of Broussard, Louisiana was sentenced today after previously pleading guilty to a one count Bill of Information with Theft of Mail.
In papers filed with the court and signed by defendant SAINTES, he admitted to taking mis-sent parcels in the amount of $380.00 from the Loranger Post Office from September 1, 2019 through October 19, 2019.
United States District Court Judge Jay C. Zainey sentenced SAINTES to one year probation plus community service and a $100 mandatory special assessment fee. The defendant agreed to pay restitution of $380.00 in full at the time of sentencing.
U.S. Attorney Duane A. Evans praised the work of the U.S Postal Inspection Service, Office of Inspector General in investigating this matter. Assistant United States Attorney Julia K. Evans is in charge of the prosecution.
Former Go Cedar Rapids Executives Charged with Bank FraudRead the Press Release
Aaron McCreight, 46, from Dothan, Alabama, has been charged with one count of bank fraud. Doug Hargrave, 54, from Puyallup, Washington, has also been charged with one count of bank fraud. The charges are contained in two Informations filed today in United States District Court in Cedar Rapids, Iowa.
The Informations allege that McCreight, who was then President and CEO of Go Cedar Rapids (“GoCR”), and Hargrave, who was then GoCR’s Finance Director, executed a scheme to defraud a Cedar Rapids bank in connection with loans to GoCR that were used to finance Newbo Evolve, a three-day music and cultural event staged by GoCR during August 2018 that featured concerts by the band Maroon 5 and singer Kelly Clarkson.
The Informations also allege that McCreight and Hargrave defrauded the Cedar Rapids bank by making misrepresentations about Newbo Evolve’s ticket sales, projected revenue, projected expenses, and the true amount of loss that McCreight and Hargrave expected Newbo Evolve to generate. Based on these misrepresentations, McCreight and Hargrave fraudulently induced the Cedar Rapids bank to loan GoCR hundreds of thousands of dollars to be used to finance Newbo Evolve.
If convicted, McCreight and Hargrave each face a possible maximum sentence of 30 years’ imprisonment, a fine, and a period of supervised release following any imprisonment.
The court will set first appearance dates for McCreight’s and Hargrave’s arraignments.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by United States Attorney Sean R. Berry and Assistant United States Attorney Kyndra Lundquist and was investigated by the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The McCreight case file number is 22-CR-00002. The Hargrave Case file number is 22-CR-00001.
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Former Brooke County resident indicted on sex offender registry violationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Christopher J. Schragl, a former Brooke County man, is facing a charge involving his sex offender registration, United States Attorney William J. Ihlenfeld, II announced.
Schragl, 45, was indicted today on one count of “Failure to Register.” Schragl, a person required to register as a sex offender, is accused of traveling to West Virginia from another state without updating his registration. The crime allegedly occurred from May to December 2021 in the Northern District of West Virginia.
Schragl faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The U.S. Marshals Service, the West Virginia State Police, the Texas Rangers, and the Nevada State Police investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Essex County Man Admits Illegal Possession of a FirearmRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted illegally possessing a firearm, U.S. Attorney Philip R. Sellinger announced.
Tyson Fletcher, aka “Tyjon Fletcher” and “Rahjohn McCoy,” 41, of Newark, pleaded guilty by videoconference before U.S. District Judge Claire C. Cecchi to an indictment charging him with possession of a firearm by a convicted felon.
According to documents filed in this case and statements made in court:
On April 17, 2019, Fletcher illegally possessed a firearm loaded with five hollow-point bullets. Fletcher had previously been convicted of multiple felony offenses, including robbery and unlawful possession of a weapon.
The firearms offense to which Fletcher pleaded guilty carries a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for May 17, 2022.
U.S. Attorney Sellinger credited members of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, and the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Andrew M. Trombly of the Cybercrime Unit in Newark.
East Greenwich Man Admits to Possessing Child PornographyRead the Press Release
PROVIDENCE, R.I. – An East Greenwich man today admitted to a federal court judge that he possessed videos and images of child pornography he accessed from Dark Web sites and forums, announced United States Attorney Zachary A. Cunha.
John D. Macintyre, 32, pleaded guilty to a charge of possession of visual depictions of minors engaging in sexually explicit conduct.
According to charging documents, Homeland Security Investigations, working with the FBI and a foreign law enforcement agency, learned that an IP address associated with Macintyre's residence had had accessed a known Dark Web site that facilitated the sharing of child sexual abuse and exploitation material. A court-authorized search of the defendant’s residence was executed on March 17, 2021, during which several computers and hard drives were discovered in the defendant’s bedroom. An onsite forensic preview of a laptop belonging to Macintyre revealed several videos of child pornography, to include juvenile males engaged in sexual acts with other juvenile males. A subsequent forensic review of the devices revealed additional videos and images depicting child sexual abuse.
At the time of his guilty plea, Macintyre admitted to the court that he accessed the Dark Web to view child pornography two to three times a week for the at least the previous six years.
Macintyre is scheduled to be sentenced by U.S. District Court Chief Judge John J. McConnell, Jr., on July 12, 2022.
Possession of visual depictions of minors engaging in sexually explicit conduct is punishable by statutory penalties of up to 10 years imprisonment, a fine of up to $250,000, and lifetime federal supervised release.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
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Colombian National Charged in Connection with Plot to Kill Haitian PresidentRead the Press Release
A Colombian national was arrested based on a criminal complaint filed in the Southern District of Florida.
Mario Antonio Palacios, 43, is charged with conspiracy to commit murder or kidnapping outside the United States and providing material support resulting in death, knowing or intending that such material support would be used to prepare for or carry out the conspiracy to kill or kidnap.
As alleged in the complaint, which was unsealed today, these charges relate to the July 7, 2021, assassination of the former President of Haiti, Jovenel Moise, in Port-au-Prince, Haiti. As alleged, the defendant and others, including a group of approximately 20 other Colombian citizens and a group of Haiti-based dual Haitian-American citizens, participated in a plot to kidnap or kill the Haitian President, with one conspirator (“Co-conspirator #1”) traveling to the United States on June 28, 2021, to, among other things, provide other individuals with a written request for assistance to further the plot relating to the Haitian President.
As alleged in the complaint, while the plot initially focused on conducting a kidnapping of the president as part of a purported arrest operation, it ultimately resulted in a plot to kill the Haitian President. The complaint affidavit alleges that, on July 7, 2021, Palacios and others entered the president’s residence in Haiti with the intent and purpose of killing President Moise, and in fact the president was killed.
Co-conspirator #1, a dual Haitian-American citizen, was subsequently arrested by Haitian authorities and remains in custody in Haiti. Palacios eluded arrest and traveled to Jamaica.
Palacios was recently deported from Jamaica and, during a layover in Panama, agreed to travel to the United States. He is currently in custody and will appear in court for his initial appearance later today.
If convicted of the charges in the complaint, Palacios faces a maximum sentence of life imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida, and Special Agent in Charge George Piro of the FBI’s Miami Field Office.
The FBI is investigating the case with other law enforcement partners, including Homeland Security Investigations.
Assistant U.S. Attorneys Andrea Goldbarg and Walter Norkin are prosecuting the case with assistance from National Security Division Trial Attorneys Frank Russo and Emma Ellenrieder. The Criminal Division’s Office of International Affairs provided valuable assistance.
A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Charlotte Pastor Pleads Guilty to Tax and Wire FraudRead the Press Release
CHARLOTTE, N.C. – Frank Jacobs, Sr., 51, formerly of Charlotte now residing in Concord, N.C., appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to tax and wire fraud, for filing a false tax return and using fraudulent information to obtain a COVID-19 relief loan, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Donald “Trey” Eakins, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI), joins U.S. Attorney King in making today’s announcement.
According to filed plea documents and today’s hearing, from at least 2009 to 2018, Jacobs was the Pastor of the Rock Worship Center Church (RWC) in Charlotte, and from at least 2019 to 2021, Jacobs was the Pastor of Quest Church, also located in Charlotte. Filed documents show that, for tax years 2009 through 2013, and 2015 through 2017, Jacobs failed to file timely U.S. Individual Income Tax Returns, Forms 1040, even after he received correspondence from the IRS in some of those years about the need to file and pay taxes. Jacobs did file a tax return for tax year 2014, but, as he admitted in court today, Jacobs both underreported his income on the returns he filed and failed to make a payment to the IRS for any tax liabilities.
As described in plea documents, on April 22, 2020, Jacobs filed on behalf of Quest Church a fraudulent application to obtain disaster-related loan benefits in the form of a Paycheck Protection Program (PPP) loan. The PPP loan program, sponsored by the United States Small Business Administration (SBA), was expanded under the CARES Act to provide support for small businesses to remedy economic harm caused by the COVID-19 outbreak.
Jacobs admitted in court today that the documents he submitted as part of the application process for the PPP loan contained information that was false and inaccurate. For example, Jacobs claimed that Quest Church paid wages totaling more than $135,000 to five employees, from which federal income taxes had been withheld, when in fact Quest Church never reported any payments of any wages to the IRS for the corresponding calendar year, nor did it pay any withholding taxes on such income.
Jacobs was released on bond following his court appearance. A sentencing date for Jacobs has not been set.
The charge of filing a false tax return carries a maximum statutory penalty of three years in prison and a $250,000 fine. The wire fraud charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
In making today’s announcement, U.S. Attorney King thanked IRS-CI for their investigation of the case.
Assistant U.S. Attorney Jenny G. Sugar, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
The Department of Justice and the U.S. Attorney’s Office for the Western District of North Carolina remain vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. If you think you are a victim of coronavirus fraud or have information pertaining to fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or submit a complaint online using the NCDF Web Complaint Form. Members of the public in the Western District are also encouraged to call 704-344-6222 to reach their local Coronavirus Fraud Coordinator.
Charleston Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty to a federal drug trafficking crime.
According to court documents, Joe Butler, 32, aided and abetted Rance McNeil in the distribution of methamphetamine to a confidential informant on April 8, 2021 in Charleston.
Butler pleaded guilty to distribution of five grams or more of methamphetamine and faces a mandatory minimum of five years and up to 40 years in prison when he is sentenced on April 11, 2022. McNeil pleaded guilty in November 2021 and is scheduled to be sentenced on February 17, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
Chief United States District Judge Thomas E. Johnston presided over the hearing. Assistant United States Attorney Negar M. Kordestani is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00258.
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Central Medical Systems, LLC, Alan Trent Harley and Joan Harley Agree to Pay $600K to Settle False Claims Act LiabilityRead the Press Release
Orlando, FL –United States Attorney Roger B. Handberg announces today that Central Medical Systems, LLC, Joan Harley, and Alan Trent Harley have agreed to pay the United States $600,000 to resolve allegations that they violated the False Claims Act by participating in a scheme to defraud Medicare.
The United States previously intervened in a civil whistleblower lawsuit against Central Medical Systems and Alan Trent Harley on January 18, 2018, and later filed an amended complaint adding Joan Harley, Arthur Wright, and Meddex Solutions, LLC, as defendants, alleging the defendants conspired to make false claims to the United States in violation of the False Claims Act.
The civil lawsuit and settlement relate to the submission of claims for wound care supplies sold by Central Medical Systems. According to the lawsuit, Alan Trent Harley would routinely change quantities of items while billing and manipulated orders in Central Medical Systems’ billing software. This allegedly resulted in Central Medical Systems seeking and receiving inflated Medicare payments for more expensive products than were provided to patients or for products that were never provided at all.
The government’s suit also alleges that, after the United States intervened in the lawsuit, Central Medical Systems and Alan Trent Harley conspired with Joan Harley (his wife), Arthur Wright, and Meddex Solutions to fraudulently submit Central Medical Systems’ claims through Meddex Solutions in an attempt to bypass Medicare’s suspension of payments to Central Medical Systems.
Alan Trent Harley pleaded guilty to one count of wire fraud on November 30, 2020, and was sentenced to 15 months’ imprisonment. According to court documents in that criminal case, Harley co-founded Central Medical Systems in 1986. As president and sole active owner of the business, Harley was responsible for submitting claims to Medicare on behalf of Central Medical Systems. From at least 2011 through 2015, Harley knowingly defrauded the government of more than $870,000 by submitting fraudulent claims to Medicare. Although his employees provided him with accurate data about which wound care supplies were sent, and in what quantities, Harley frequently changed that data (with respect to both product type and quantities) before submitting claims to Medicare, in order to obtain fraudulently higher reimbursements from Medicare.
The United States previously entered into a civil settlement agreement with Arthur Wright and Meddex Solutions, effective June 1, 2021, under which they agreed to pay the United States $77,741.93, to resolve the False Claims Act allegations against them in this case.
“This is another example of our office’s commitment to prosecute those – individual or corporate – who seek to exploit Medicare for their personal gain, and at the expense to taxpayers,” said U.S. Attorney Roger B. Handberg for the Middle District of Florida. “We will continue to use all available resources at our disposal to pursue those who defraud our nation’s federal healthcare programs.”
“Health care professionals are required to follow Medicare rules and accurately bill for services provided. Fraudulently billing Medicare for personal gain cheats millions of people who fund the program and contributes to the soaring cost of health care,” stated Omar Perez Aybar, Special Agent in Charge with the Department of Health and Human Services, Office of Inspector General. “Working closely with our law enforcement partners, we will continue to pursue those who exploit government health care programs.”
The settlement resulted from a lawsuit originally filed in the United States District Court for the Middle District of Florida by Relator Jael Cancel. Ms. Cancel sued under the qui tam, or whistleblower, provisions of the False Claims Act that permit a private citizen to sue on behalf of the United States for false claims and to share in the recovery. The Act also allows the United States to intervene and prosecute the action. The United States intervened in this matter and litigated the case. Ms. Cancel will receive $144,000 of the proceeds from the civil settlement with Central Medical Systems, Alan Trent Harley, and Joan Harley.
The United States’ intervention in and settlement of this matter illustrates its emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
This settlement resulted from a coordinated effort by the U.S. Attorney’s Office for the Middle District of Florida and the HHS Office of Inspector General. Assistant United States Attorney Jeremy R. Bloor led the investigation.
The case is captioned United States ex rel. Cancel v. Central Medical Systems, LLC et al., Case No. 6:14-cv-512-ORL-28TBS. The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Cedar Rapids Man Sentenced to Prison for Child Pornography ChargeRead the Press Release
DAVENPORT, Iowa – A Cedar Rapids man, Matthew Patrick Langenberg, was sentenced on December 23, 2021 by United States District Court Chief Judge John A. Jarvey to 60 months in prison for Receiving Child Pornography. Langenberg was ordered to serve five years of supervised release to follow his prison term and pay $100 to the Crime Victims’ Fund.
Langenberg, age 52, was identified by law enforcement after an iPhone associated with him was turned over to the Coralville Police Department following the discovery of child pornography on the device. The Johnson County Sheriff’s Office conducted a forensic examination of the device and located 56 images depicting child pornography and one video depicting anime child pornography. Langenberg also used Bit Torrent software to obtain the child pornography and utilized web searches consistent with child pornography. Langenberg pleaded guilty to the charge on August 24, 2021.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Coralville Police Department investigated the case.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Boise Man Sentenced to 12 Years in Federal Prison for Drug TraffickingRead the Press Release
BOISE – A Boise man was sentenced to 144 months in federal prison for possession of methamphetamine with the intent to distribute.
According to court records, Robert Lee Brittain, 54, of Boise, sold two pounds of methamphetamine to another person in February 2021. Investigators obtained a warrant authorizing the search of Brittain’s residence in Boise. When investigators searched his residence on February 23, 2021, they found over 15 pounds of methamphetamine, digital scales, packaging materials, and over $39,000. Brittain was home during the search and was the only occupant of the residence. On September 8, 2021, Brittain pleaded guilty to the charge and admitted that he possessed the methamphetamine with the intent to distribute it to others.
Brittain’s criminal history includes prior felony convictions for lewd conduct with a minor and failure to register as a sex offender. He previously served over ten years in prison for his convictions.
Senior U.S. District Judge B. Lynn Winmill ordered Brittain to serve five years of supervised release following his prison sentence and also ordered Brittain to forfeit $37,000 of drug proceeds.
U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho, made the announcement and credited the combined efforts of the Nampa Police Department and the Drug Enforcement Administration’s High Intensity Drug Trafficking Areas (HIDTA) Task Force, which includes officers from the Nampa Police Department, Boise Police Department, Meridian Police Department, and Ada County Sheriff’s Office.
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Berkeley County man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA –Gregory K. Parr, of Martinsburg, West Virginia, has admitted to a drug charge, United States Attorney William J. Ihlenfeld, II announced.
Parr, 65, pleaded guilty today to one count of “Distribution of Fentanyl.” Parr admitted to selling fentanyl in November 2020 in Berkeley County.
Parr faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Berkeley County man admits to a firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Lante Jerrel Cook, of Martinsburg, West Virginia, has admitted to a firearms charge, United States Attorney William J. Ihlenfeld, II announced.
Cook, 32, pleaded guilty today to one count of “Unlawful Possession of Firearm.” Cook, a person prohibited from having firearms because of a prior conviction, admitted to having a 9mm semi-automatic pistol in July 2021 in Berkeley County.
Cook faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Martinsburg Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Beaumont Man Sentenced for Multiple Armed Convenience Store RobberiesRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to prison for federal violations in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Moses Ray Rhine, Jr., 21, pleaded guilty on Aug. 11, 2021, to Hobbs Act robbery and brandishing a firearm during a crime of violence and was sentenced to 180 months in federal prison today by U.S. District Judge Marcia Crone.
According to court documents, from Jan. 11, 2021 through Jan. 21, 2021, Rhine and others conspired to commit armed robberies of at least five convenience stores located in Southeast Texas. The stores were all engaged in interstate commerce that employed clerks who were engaged in the commercial activities of the stores at the time of the robberies. Each store was equipped with functioning surveillance cameras that recorded the robberies. Local and federal agents interviewed Rhine and he confessed to his role in the robberies. The Hobbs Act prohibits actual or attempted robbery affecting interstate commerce.
Rhine was indicted by a federal grand jury on June 2, 2021.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney John B. Ross.
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Beaumont Felon Sentenced for Federal Firearms ViolationRead the Press Release
BEAUMONT, Texas – A Beaumont man has been sentenced to prison for a federal firearms violation in the Eastern District of Texas, announced U.S. Attorney Brit Featherston today.
Darrell Jordan, 23, pleaded guilty on July 12, 2021, to being a prohibited person in possession of a firearm and was sentenced to 71 months in federal prison today by U.S. District Judge Thad Heartfield.
According to court documents, on June 4, 2020, Beaumont police responded to a call in reference to an assault at a local hotel. Officers were shown photos of the victim in the hotel parking lot near a maroon Escalade. Officers located the vehicle in the parking lot of the Executive Inn Hotel in Beaumont and knocked on the nearest hotel room door where the vehicle was parked and Jordan answered. While interviewing the other occupants of the room, police observed a revolver in plain view. Jordan told police he was a convicted felon and was taken into custody. Detectives also found two additional firearms in the room near Jordan’s shoes. As a convicted felon, Jordan is prohibited from owning or possessing firearms or ammunition. Jordan was indicted by a federal grand jury on March 3, 2021, and charged with federal firearms violations.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case was investigated by the Beaumont Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives and prosecuted by Assistant U.S. Attorney Rachel Grove.
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Alaska Man Pleads Guilty to Federal Charges for Threatening U.S. SenatorsRead the Press Release
FAIRBANKS – A Delta Junction, Alaska, man pleaded guilty in U.S. District Court to two counts of threatening to murder a U.S. official, specifically Alaska’s two U.S. Senators.
According to court documents, Jay Allen Johnson, 65, left a voicemail message on September 2, 2021, at the Washington D.C. office of Senator Lisa Murkowski containing several threats, including a threat to “burn” the Senator’s properties. The investigation revealed that the call originated in Delta Junction from a cellular telephone number linked to Johnson. On September 29, Johnson left another voicemail threatening to hire an assassin to kill the U.S. Senator. Johnson also left threatening voicemail messages for Senator Dan Sullivan between April 2021 and September 2021, including one in which he threatened to get his “.50 caliber out,” hold a “GoFundMe page for the …shells,” and to come “with a vengeance mother*cker.” In total, Johnson admitted to leaving 17 threatening voicemails for the two Senators over a five-month period and said that the messages were intended to retaliate against the Senators for performing their official duties.
As part of the plea agreement, Johnson has agreed to the issuance of a three-year federal protective order following his release from federal prison. The protective order will prohibit Johnson from contacting either U.S. Senator, their family or staff members. Johnson faces a maximum penalty of 10 years in federal prison for each charge as well as forfeiture of seven firearms, which the FBI discovered in Johnson’s residence during execution of a search warrant. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
“Threatening public officials in an attempt to interfere with the performance of their duties is antithetical to our democratic system of governance,” said U.S. Attorney John E. Kuhn, Jr. of the District of Alaska. “To protect the functions of our government institutions and our public officials themselves, the Department of Justice will work to ensure our elected officials can serve without fear of harm.
“The FBI remains steadfast in addressing threats in our communities, including violent threats made against those who are performing their official duties,” said Assistant Special Agent in Charge Shawn Peters of the FBI Anchorage Field Office. “This case underscores the swift efforts by the FBI, the U.S. Attorney’s Office and our law enforcement partners as we worked together to address these threats before any potential acts of violence occurred.”
The Federal Bureau of Investigation and the United States Capitol Police are investigating the case.
Assistant U.S. Attorney Ryan Tansey is prosecuting the case.
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3 January 2022
United States Attorney Breon Peace Announces Selection of Carolyn Pokorny as First Assistant United States AttorneyRead the Press Release
Today, United States Attorney Breon Peace announced his selection of Carolyn Pokorny to serve as First Assistant United States Attorney (FAUSA) for the Eastern District of New York. As FAUSA, Ms. Pokorny oversees the Criminal, Civil, Appeals and Administrative Divisions of the United States Attorney’s Office.
Ms. Pokorny returns to the United States Attorney’s Office after serving since 2019 as the first female Inspector General for the Metropolitan Transportation Authority (MTA) which is charged with oversight of the transit agency. As MTA Inspector General, Ms. Pokorny ushered in an unprecedented dedication to transparency and a willingness to take on big societal issues, such as homelessness, policing, and overtime abuse, that impact the MTA, its workers, riders, and taxpayers. Ms. Pokorny issued hundreds of recommendations for change to the authority, over 100 of which have been implemented. Under Ms. Pokorny’s watch, the Inspector General’s office recouped millions of dollars for the MTA and New York State, including through high profile criminal cases in collaboration with law enforcement partners across the region.
Ms. Pokorny has spent most of her career as a prosecutor and served as an Assistant U.S. Attorney in the Eastern District of New York for more than 14 years. During her tenure, she spent nine years in the Office’s Narcotics Section, serving as a line assistant and Deputy Chief, before being appointed Chief of Narcotics in 2005. While serving as Chief of Narcotics, she spearheaded the creation of the Office’s International Narcotics Strike Force devising a national strategy for prosecuting the leaders of Mexico's most powerful cocaine cartels, and led the international investigation that resulted in the conviction of over 30 leaders of Colombia's most powerful cocaine cartel. In recognition of her work, she received the U.S. Attorney General’s Award for Distinguished Service and the Federal Drug Agents Foundation “True American Hero” award. Ms. Pokorny also served as Senior Litigation Counsel in the Public Integrity Section, as Chief of the General Crimes Section, and as Deputy Chief of the Criminal Division.
In 2015, Ms. Pokorny was tapped by then Attorney General Loretta Lynch to serve as her Deputy Chief of Staff and Counselor. Prior to her appointment as Inspector General of the MTA in 2019, Ms. Pokorny served as Special Counsel for Public Integrity in the Executive Chamber and oversaw New York State’s Ethics, Risk and Compliance program.
Ms. Pokorny is a graduate of Brooklyn Law School where she served as the Associate Managing Editor of the Brooklyn Law Review. She served as an Assistant District Attorney in the Appeals Bureau of the Bronx District Attorney’s Office, which was followed by a two-year judicial clerkship with the late United States District Judge Arthur D. Spatt of the Eastern District of New York.
“I am pleased to welcome Carolyn back to the Eastern District of New York as First Assistant U.S. Attorney. We have known each other for over 20 years since having worked together as Assistant U.S. Attorneys in this Office. Carolyn is an outstanding lawyer and proven leader with a distinguished record of public service with the Department of Justice and with the State and City of New York. She not only brings a wealth of knowledge and experience to the Office, but also impeccable judgment and the utmost integrity,” stated United States Attorney Peace. “I look forward to our working together in pursuing this Office’s mission and advancing the interests of justice and equality for the people of this district.”
“U.S. Attorney Breon Peace has already proven to be a brilliant leader, and I am humbled to have this opportunity to serve as FAUSA as he executes his vision and fulfills the mission of this Office. It is also thrilling for me to return to the place that was my professional home for better part of two decades and rejoin the broader EDNY community of judges, defense attorneys, and talented courthouse staff,” stated First Assistant United States Attorney Pokorny.
U.S. Marshals Arrest More Than 6,000 Murder Suspects in 2021, over 84,000 Fugitives ApprehendedRead the Press Release
The U.S. Marshals Service (USMS) arrested 84,247 fugitives (27,399 on federal and 56,848 on state and local warrants) in Fiscal Year 2021. On average, the agency arrested 337 fugitives per day (based on 250 operational days).
That number breaks down as follows:
- Sex offenders - 10,510 (Sex offenses include sexual assault, failure to register/noncompliance with the national sex offender registry and other offenses.)
- Gang members - 6,240
- Homicide suspects - 6,119
- International/foreign fugitives - 1,239 (A foreign fugitive is wanted by a foreign nation and believed to be in the United States.)
- Organized Crime Drug Enforcement Task Forces Program (OCDETF) fugitives - 1,002 (OCDETF cases combine the resources and expertise of numerous federal agencies to target drug trafficking and money laundering organizations.)
- Adam Walsh Act violations – 278 (The Adam Walsh Child Protection and Safety Act (AWA) categorized sex offenders into a three-tiered system based on the crime committed and requires offenders to maintain their registration information accordingly. For example, Tier 3 offenders – the most serious – must update their whereabouts every three months with lifetime registration requirements.)
- “15 Most Wanted” fugitives – 1
Additionally, the USMS seized 7,028 guns during numerous violence reduction and counter gang operations in FY21.
“The outstanding work this year by the U.S. Marshals Service exemplifies that the Department of Justice has no higher priority than keeping our communities safe,” said Deputy Attorney General Lisa O. Monaco. “At a time of unprecedented challenges posed by a global pandemic, the U.S. Marshals continue to deliver on their mission, tracking down and arresting more than 84,000 fugitives. The Department of Justice, through our law enforcement components like the U.S. Marshals Service, will continue to prioritize our efforts to reduce violent crime and keep our neighborhoods safe.”
“I want to thank the men and women of the U.S. Marshals Service for their continued commitment and dedication to public safety,” said Director Ronald Davis of the U.S. Marshals Service. “Their steadfast courage and selfless service in bringing fugitives to justice and in protecting our judicial process help to make all of our communities safer and is critical in preserving our democracy.”
Total warrants cleared by USMS arrests: 99,607
- State and local warrants - 64,565
- Federal warrants - 35,042
The number of warrants cleared nearly always exceeds the number of arrests in a given year because fugitives are often wanted on numerous warrants, and a single arrest can clear them all at once.
The USMS has a long history of providing assistance and expertise to other federal, state and local law enforcement agencies in support of their fugitive investigations. The USMS leads 56 fugitive task forces (representing more than 1,500 law enforcement agencies) throughout the United States and eight congressionally-funded regional fugitive task forces. Staffed by federal, state and local law enforcement agencies, USMS-led task forces target the most dangerous fugitives.
The USMS established the 15 Most Wanted Fugitive Program in 1983 in an effort to prioritize the investigation and apprehension of high-profile offenders considered to be some of the country’s most dangerous fugitives – typically career criminals with histories of violence who pose a significant threat to public safety and have remained on the lam for months or years.
On Oct. 6, 2021, the USMS made a 15 Most Wanted fugitive arrest of Jory Worthen, wanted in Camden, Arkansas, for two homicides in June 2019. Worthen was accused of murdering his girlfriend Alyssa and her 4-year-old son Braydon. Immediately after the murders, Worthen fled in Alyssa’s vehicle, which was later found abandoned in a parking lot in Seattle. The investigation led to Burbank, California, where Worthen was located and arrested after a short foot pursuit. He was extradited back to Arkansas where, in September, Worthen accepted a plea deal that includes never being eligible for parole. As part of the agreement, Worthen pleaded guilty to two counts of first-degree murder. He is serving two concurrent life sentences.
July 27, 2021, marked the 15th anniversary of the signing of the Adam Walsh Child Protection and Safety Act (AWA), which established the USMS as the lead federal agency for sex offender violations. The agency created the Sex Offender Investigations Branch to direct and coordinate implementation of its primary responsibilities under the AWA – assisting state, local, Tribal and territorial authorities in the location and apprehension of noncompliant and fugitive sex offenders; investigating violations of the AWA for federal prosecution; and assisting in the identification and location of sex offenders relocated as a result of a major disaster. In 2021, USMS arrested 278 sex offenders for violating the conditions of their criminal convictions.
In May 2015, the Justice for Victims of Trafficking Act (JVTA) was passed and clarified the USMS’ discretionary authority to support law enforcement requests for assistance on any missing child cases. As such, the USMS assists state, local and other federal law enforcement agencies, upon request, in locating and recovering missing children, while focusing agency resources on “critically missing child” cases – those that involve a suspected crime of violence or where factors are identified by law enforcement that indicates an elevated risk to a missing child. In 2021, the Marshals assisted with the recovery of 950 “critically missing children,” an approximate 145% increase over FY 2020.
The USMS also conducted 591 international removals (extraditions, deportations and expulsions). The USMS is responsible for carrying out extraditions to the United States from foreign countries and for supporting extraditions to foreign countries from the United States – a complex task involving coordination among the Department of Justice Office of International Affairs, the Department of State, foreign governments, U.S. embassies and USMS district offices. The extradition process involves country clearances, threat assessments and security arrangements, travel arrangements, and can include medical assessments and accommodations.
U.S. Attorney’s Office Settles ADA Dispute with YMCA of Spencer, IowaRead the Press Release
The YMCA of Spencer, Iowa, has agreed to settle a dispute regarding an allegation that it violated the Americans with Disabilities Act (ADA) by failing to reasonably modify its policies, practices, and procedures, resulting in the exclusion of a child diagnosed with Autism Spectrum Disorder (ASD) from its programs.
The YMCA of Spencer, Iowa, cooperated with the United States Attorney’s Office during its investigation.
“Ensuring that children with disabilities, and their families, have equal access to public accommodations goes to the heart of the ADA’s promises and protections,” said United States Attorney Sean R. Berry. “I commend the YMCA of Spencer, Iowa, for working with us.”
Under the settlement agreement, the YMCA of Spencer, Iowa, has agreed to adopt a non-discrimination policy and to institute policies and procedures to evaluate members’ requests for modifications to ensure ADA compliance. In addition, the settlement agreement prohibits staff from performing restraints on minors on YMCA premises.
The ADA prohibits discrimination against people with disabilities by public accommodations, including childcare providers and places of recreation. Among other things, public accommodations must allow people with disabilities the full and equal enjoyment of their goods, services, and facilities. They must make reasonable modifications of their policies, practices, and procedures if necessary to avoid discrimination.
Individuals in the Northern District of Iowa who believe their civil rights may have been violated may submit their complaints by e-mailing the United States Attorney’s Office at [email protected] or by accessing https://civilrights.justice.gov/. For more information on the ADA, or to access publications available to assist entities in complying with the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).
The case was handled by Assistant United States Attorney Matthew Gillespie and the Disabilities Rights Section of the United States Department of Justice.
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U.S. Attorney’s Office Collects $16.9 million in Civil and Criminal Actions in Fiscal Year 2021Read the Press Release
BILLINGS— U.S. Attorney Leif M. Johnson announced today that the District of Montana collected $16,904,987 in criminal and civil actions in Fiscal Year 2021. Of this amount, $4,885,558 was collected in criminal actions and $12,019,429 was collected in civil cases worked by the district or jointly with components of the Department of Justice.
“This money comes from seizing proceeds from criminal activity and from civil penalties and debt collections. These funds help crime victims and benefit the U.S. Treasury, which are priorities of this office. I want to thank our financial litigation unit, the civil and criminal divisions, and all of our employees for their hard work on behalf of victims and government fraud,” U.S. Attorney Leif M. Johnson said.
Some of the funds collected in civil actions include a 2020 settlement with Atlantic Richfield for cleanup of mining contamination in the Butte area and a 2018 settlement with Kalispell Regional Healthcare System for alleged violations of the False Claims Act by paying physicians more than the fair market value.
Funds collected in criminal judgments include a case involving Larry Price Jr., a former Signal Peak Mine official convicted of fraud and other crimes in a corruption investigation.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s office in Montana, working with partner agencies and divisions, collected $553,764 in asset forfeiture actions in FY 2021. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
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Tulalip Tribes member sentenced to 3 years in prison for drug and gun crimesRead the Press Release
Seattle – A 24-year-old member of the Tulalip Tribes was sentenced today in U.S. District Court in Seattle to 3 years in prison for drug and gun crimes, announced U.S. Attorney Nick Brown. Deion Kurtis Fryberg was initially charged in Tulalip Tribal Court in 2019 before the case was referred to the U.S. Attorney’s Office for federal prosecution. Fryberg was charged federally in February 2021, and pleaded guilty to possession of controlled substances with intent to distribute and possession of a stolen firearm in October 2021. At the sentencing hearing, U.S. District Judge James L. Robart imposed three years of supervised release to follow the prison term.
According to records filed in the case, in August 2019, Fryberg and an associate were arrested on the Tulalip reservation with significant quantities of methamphetamine, heroin and fentanyl pills, and with supplies to help them package and distribute the drugs, including a scale and plastic baggies. At the time of his arrest officers found that Fryberg had a loaded, stolen gun in his vehicle along with ammunition. The car had been followed and stopped by Tulalip Tribes Police officers who knew Fryberg and his associate had warrants out for their arrest. Fryberg and his associate refused to exit when ordered to do so, resulting in a brief stand-off before they were arrested.
The case was investigated by the Tulalip Police Department and the FBI’s Northwestern Washington Safe Trails Task Force.
The case was prosecuted by the Task Force’s Special Assistant United States Attorney, Stacey Fernandez.
Stratford Man Involved in Car Theft Ring Sentenced to 4 Years in Federal PrisonRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, announced that CHRISTOPHER MULKERN, also known as “Chucky,” 22, of Stratford, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 48 months of imprisonment, followed by three years of supervised release, for his role in an auto theft ring.
According to court documents and statements made in court, the FBI, Connecticut State Police and local police have been investigating multiple car theft rings in Connecticut, and violent crimes that are being committed using stolen vehicles.
The investigation revealed that Mulkern and others have stolen numerous motor vehicles, and used the stolen vehicles to travel throughout Connecticut and to neighboring states to steal other vehicles and the valuables inside, including credit cards, cellular telephones, and firearms. Mulkern and his associates typically frequented upper middleclass neighborhoods to go “car-checking” or “jigging,” which involves an attempt to open the door of a motor vehicle and, if successful, steal the vehicle and/or valuables inside. Once the thieves take the cars, they sell, trade or pawn any items of value found in the cars and sell or “rent” the stolen cars to other criminals.
On December 1, 2020, Mulkern and Edwin Cordero stole a Porsche Panamera from a residence in Westport, Connecticut. Shortly after midnight on December 2, law enforcement in Westerly, Rhode Island, identified the stolen Porsche and attempted to stop the car. The Porsche drove recklessly, at speeds of at least 86 mph, between Rhode Island and Connecticut, and evaded police who, for safety reasons, were forced to terminate pursuit.
At approximately 4 a.m. on December 2, Mulkern, Cordero and others used the stolen Porsche to steal a Dodge Challenger from a residence in Milford, Connecticut. In the evening of December 2, Stratford Police spotted and attempted to stop the Porsche, which was being driven by Mulkern and in which Cordero was a passenger. During the pursuit, Mulkern rammed a car stopped at a red light at an intersection, drove up on the sidewalk and through the red light, and then struck a second vehicle, causing the second vehicle to flip onto its roof. Mulkern drove the damaged Porsche onto I-95 into Bridgeport, where he and Cordero were apprehended as they attempted to enter another stolen Audi A4 that was parked on Gregory Street. A search of the stolen Audi revealed approximately 13 key fobs for other vehicles, and a search of the Porsche revealed five cellphones. In addition, Cordero possessed a key fob for the stolen Dodge Challenger, which was subsequently located parked on Main Street in Bridgeport, and Mulkern possessed two stolen credit cards.
Mulkern has been detained since his arrest. On April 30, 2021, he pleaded guilty to one count of transportation of a stolen vehicle.
Cordero pleaded guilty to the same offense on September 8, 2021, and awaits sentencing.
Cordero and Mulkern have also agreed to pay restitution to at least seven owners of vehicles they stole and/or damaged.
This matter has been investigated by the Federal Bureau of Investigation, the Connecticut State Police and the Stratford, Milford, Stonington, Westport, Bridgeport, New Haven, Meriden, Darien, Old Saybrook, and Westerly (R.I.) Police Departments. The case is being prosecuted by Assistant U.S. Attorney Sarah P. Karwan.
St. Louis man pleads guilty for his role in armed robbery spreeRead the Press Release
ST. LOUIS – United States District Court Judge John A. Ross accepted a plea of guilty from Jalon Moore on today’s date. Moore pleaded guilty to several counts of armed robbery and possession and brandishing of a firearm in furtherance of crimes of violence. Judge Ross set sentencing for April 6, 2022.
According to the plea agreement, Moore and two co-defendants committed a string of armed robberies in 2019 within the Eastern District of Missouri. Each of the robberies involved a yellow Camaro (which was used as the getaway car), the brandishing of firearms, and the taking or attempted taking of money from local businesses, by the use of force, threatened force, or violence.
Moore and the others were responsible for robbing (or attempting to rob) the following businesses on the following dates:
- Mack Bar and Grill located at 4615 Macklind, St. Louis, Missouri on January 9, 2019;
- Jimmy John’s located at 6459 Chippewa Street, St. Louis, Missouri on February 9, 2019;
- Subway located at 1151 South Kingshighway Boulevard, St. Louis, Missouri on February 17, 2019;
- Panda Express located at 4400 Hampton Avenue, St. Louis, Missouri on March 18, 2019; and
- Sprint located at 5441 Hampton Avenue, St. Louis, Missouri on March 21, 2019.
The other two defendants in this matter have previously pled guilty and are awaiting sentencing. This case was investigated by the Federal Bureau of Investigation-St. Louis and the Saint Louis Metropolitan Police Department, in coordination with the United States Attorney’s Office for the Southern District of Illinois; the Federal Bureau of Investigation-Springfield; and the Collinsville and Fairview Heights Police Departments.
San Diego Real Estate Agent Sentenced for Multi-Million-Dollar Ponzi SchemesRead the Press Release
Assistant U. S. Attorneys Oleksandra Johnson (619) 546-9769 and Valerie H. Chu (619) 546-6750
NEWS RELEASE SUMMARY – January 3, 2022
SAN DIEGO – Alexander Avergoon, a longtime San Diego real estate agent and businessman, was sentenced in federal court today to 64 months in prison for defrauding investors in several Ponzi real estate investment schemes. As part of his guilty plea, Avergoon also admitted to participating in multiple tax evasion and fraud schemes with Rabbi Yisroel Goldstein, former director at Chabad of Poway.
Avergoon was ordered to pay $9,679,306.70 in restitution to several victims. The Court also ordered Avergoon to forfeit to the United States the amount of $5,205,234.41 as proceeds of illegal conduct and property involved in the offense.
“This defendant is a prolific fraudster who has stolen millions of dollars from the many victims of his devious schemes,” said U.S. Attorney Randy Grossman. “It’s now his turn to pay the price for his crimes.” Grossman thanked the prosecution team, the FBI and the IRS for their dedication to achieving justice in this matter.
“The defendant participated in complex financial schemes which defrauded private citizens out of millions of dollars,” said FBI Special Agent in Charge Suzanne Turner. “The FBI will continue to work with our law enforcement partners to root out all forms of financial fraud which not only hurt the victims, but also negatively impact those who rely on individual donors and investors to conduct legitimate business.”
“Mr. Avergoon victimized dozens of investors twofold, by not only swindling them out of millions of dollars, but also recruiting victim-investors to commit tax fraud,” said Special Agent in Charge Ryan L. Korner of IRS Criminal Investigation’s Los Angeles Field Office. “Today’s sentencing sends a clear message that IRS Criminal Investigation will pursue and hold accountable financial fraudsters who deceive and cheat people seeking to invest in our real estate and lending markets. Our Special Agents were proud to work with the FBI and the U.S. Attorney’s Office to bring Mr. Avergoon’s schemes to an end.”
Avergoon pleaded guilty in July 2020, admitting that from 2010 to 2015, he and Goldstein recruited at least nine taxpayers who made more than $275,000 in fraudulent “donations” to the Chabad. Avergoon acted as a conduit to secretly return 90 percent of the money to the purported “donors.” Avergoon also admitted that he joined Rabbi Goldstein in a grant fraud scam in which they obtained hundreds of thousands of dollars in misappropriated grant funds, and a government benefits fraud scheme.
As part of the government benefits fraud scheme, Avergoon used shell companies, including “Imagination Construction Company,” to create fictitious and backdated invoices for services like carpet installation, repairs to the Chabad of Poway’s HVAC system, and replacing damaged books and other supplies—even though Avergoon had never performed these services. In some cases, Avergoon would give Goldstein several fake bids from different shell companies, so that Rabbi Goldstein could trick the grant program administrators into believing he had complied with their competitive bidding requirements. Avergoon and Goldstein pretended that the government grant funds would be used for facilities upgrades, security systems, and community programs. But in reality, the money often went straight to Goldstein’s and Avergoon’s pockets; other times they used portions of it to pay contractors who had in fact charged much lower prices than reflected on Avergoon’s phony paperwork.
Apart from his fraudulent partnership with Rabbi Goldstein, Avergoon also admitted to participating in separate real estate Ponzi schemes from 2010 to 2016, in which he cheated retirement investors out of a total of $12 million. Avergoon was a San Diego-based real estate agent, and he used his industry knowledge and reputation to target trusting victims who would invest in what they thought was the purchase of rental property.
Avergoon promised monthly dividends that would be paid from rental income. He created written investment materials like prospectus and projected income and expenses calculations, designed to give investors the false impression that their money would be safely tucked away in passive-income retirement investments. But in truth, instead of using investors’ money to buy rental properties as he promised, Avergoon spent the money himself and just pretended that he had purchased the apartment buildings and office space he advertised. In true Ponzi fashion, for a time, Avergoon made the promised dividend payments—but rather than using rent income, he funded those payments using new investor money.
Avergoon deceived more than a dozen unwitting investors, convincing them to part with at least $5 million. When an investor would ask to cash out, he encouraged them to re-invest, and at one point he pretended to “roll over” their retirement investments to purchase a multi-million-dollar commercial building. In reality, he bought that building with a loan, not with investor money, and again diverted their money to his own personal use. He created fake partnership agreements, false purchase documents and deeds, and other fictitious records, and forged the signatures of his investors to conceal the fraud—then laundered the proceeds in order to disguise the true source and ownership of the money.
Avergoon did not stop there. He convinced investors to part with another $5 million or more by pretending to use their money to fund short-term, low-risk loans supposedly secured by the borrowers’ high-end San Diego homes. But in reality, there were no “borrowers”—Avergoon used his real estate connections to identify homes he could pose as collateral, and he simply doctored up fake loan agreements and forged the borrowers’ signatures. In some cases, the individuals he claimed were the borrowers did not even own the homes that were purportedly used as collateral. Avergoon made fake loan agreements, Deeds of Trust, mortgage Notes, and other official-looking documents, and he even created fake notary stamps and San Diego County Recorder’s Office markings to make the paperwork appear legitimate. Once again, Avergoon used new investor money to make occasional payments to his victims, to make it appear that the “loans” were performing. But in truth, he diverted the money to his own use and the “investments” were worthless.
Avergoon was indicted in August 2019 and apprehended in Latvia. He was extradited to the United States in November 2019 and has remained in custody since his extradition and initial appearance in federal court in San Diego.
DEFENDANT Case Number 19cr2955-BAS
Alexander Avergoon Age: 46 San Diego
CHARGES
Wire Fraud, in violation of Title 18, USC 1343
Maximum Penalty: Twenty years in prisonAggravated Identity Theft, in violation of Title 18, USC 1028A
Maximum Penalty: Two years minimum consecutive term in prisonMoney Laundering, in violation of Title 18, USC 1956(a)(1)(B)(i)
Maximum Penalty: Twenty years in prisonINVESTIGATING AGENCIES
Federal Bureau of Investigation
Internal Revenue Service – Criminal Investigations
Pawtucket Man Detained for Allegedly Conspiring to Possess Cocaine Shipped from ColombiaRead the Press Release
PROVIDENCE, R.I. – A Pawtucket man has been ordered detained in federal custody for allegedly conspiring to take possession of more than a kilogram of cocaine shipped from Colombia found packed inside an old-model-tube television.
Jomar Cruz-Aponte, 25, is charged by way of a federal criminal complaint with conspiracy to possess 500 grams or more of cocaine with intent to distribute.
It is alleged in charging documents that on December 22, 2021, for the second time in nine days, U.S. Customs and Border Protection intercepted a package shipped to Rhode Island from Colombia, manifested as containing an “old TV without commercial value.” The first package, addressed to a Central Falls residence, was found to contain an older, dial-operated television with 300 grams of cocaine stored inside. The second package, earmarked to be delivered by UPS to a Pawtucket residence, was found to contain a second tube model TV that contained 1093 grams of cocaine stored inside.
On December 29, 2021, after removing the cocaine from the second television, Homeland Security Investigations coordinated a controlled delivery of the package with the Pawtucket Police Department. An undercover Pawtucket Police Officer, posing as a UPS driver, delivered the package to the front steps of the residence. A female retrieved the package then quickly placed it back on the steps. A short time later, Cruz was allegedly observed by members of law enforcement walking around the neighborhood at the same time as a vehicle was seen slowly making its way through the area. Later, Cruz approached the front of the residence from the backyard, retrieved the package, and walked back through the rear of the property to a nearby street where he got into the vehicle seen earlier by law enforcement. Pawtucket officers observed the vehicle leave the area and, after a brief surveillance, effected a car stop. Cruz allegedly quickly opened the passenger door and lunged from the vehicle, with the package in hand. He allegedly then threw the package to the ground and attempted to flee but was unable to do so because of the large police presence.
A criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
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Oshkosh Man Sentenced in Green Bay Federal Court for Illegal Firearm PossessionRead the Press Release
United States Attorney Richard G. Frohling of the Eastern District of Wisconsin, announced that on January 3, 2022, Kenneth A. Wright, (age: 35) of Oshkosh, Wisconsin, was sentenced to 57 months in federal prison by Senior United States District Judge William C. Griesbach for possessing a firearm following a conviction for a felony.
According to court filings,, officers with the Oshkosh Police Department obtained and executed a search warrant at Wright’s residence in December of 2020. The execution of the search warrant led to the recovery of a .380 Bursa firearm possessed by Wright.. At the time, Wright had previously been convicted of two felony drug distribution offenses. As a convicted felon, he is prohibited from legally possessing a firearm.
At sentencing, , Judge Griesbach noted the “very serious nature of the crime,” noted the defendant’s serious criminal record, and a need to protect the community from such firearm violations. In addition to the 57-month prison sentence, he ordered Wright to spend three years on supervised release upon his discharge from federal prison.
This case was investigated by the Oshkosh Police Department. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
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Old Town Man Pleads Guilty to Making False StatementsRead the Press Release
BANGOR, Maine: An Old Town man pleaded guilty in federal court today to making false statements to the government, U.S. Attorney Darcie N. McElwee announced.
According to court records, in January 2016, Jeffrey Street, 51, met with special agents from the U.S. Department of Labor and the U.S. General Services Administration. Prior to the commencement of the interview, Street was instructed to be truthful. He received warnings that false statements to federal agents could be prosecuted as violations of federal law. During the interview, he falsely stated that his company never paid employees overtime wages in cash at regular time rates. He also falsely stated that overtime hours worked by his employees were paid by a payroll check. At the time he made these statements, he knew he paid employees regular time rates in cash for overtime hours.
Street faces up to five years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Offices of Inspector General from the U.S. Department of Labor and the U.S. General Services Administration investigated the case.
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Kearney Woman Sentenced for Possession with the Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Jan Sharp announced that Nicole T. Beattie, 29, of Kearney, Nebraska, was sentenced today in federal court in Lincoln for possession with the intent to distribute 50 grams or more of actual methamphetamine and 50 grams or more of methamphetamine mixture. United States District Judge John M. Gerrard sentenced Beattie to 151 months in prison followed by a 5-year term of supervised release. There is no parole in the federal system.
On October 29, 2020, law enforcement executed a search warrant of Beattie’s residence in Kearney. Law enforcement found Beattie and two others in a room with suspected methamphetamine, a firearm, and drug paraphernalia. Law enforcement also found a case containing two bags of suspected methamphetamine in the residence. A lab confirmed that the substance in those bags was in fact about 381 grams of methamphetamine, of which at least 338 grams was actual methamphetamine.
This case was investigated by the Central Nebraska Drug/Safe Streets Task Force.
Justice Department and Agriculture Department Issue Shared Principles and Commitments to Protect Against Unfair and Anticompetitive PracticesRead the Press Release
Speaking at a White House event focused on competition in agriculture, Attorney General Merrick B. Garland and Secretary of Agriculture Tom Vilsack expressed their shared commitment to effectively enforcing federal competition laws that protect farmers, ranchers, and other agricultural producers and growers from unfair and anticompetitive practices, including the antitrust laws and the Packers and Stockyards Act. The Department of Justice and Department of Agriculture (USDA) are already working together to support their respective enforcement efforts under these laws. As one step in that continuing process, today they released the following statement of principles and commitments:
- Farmers, ranchers, and other producers and growers deserve the benefits of free and fair competition. The Justice Department and USDA therefore are prioritizing matters impacting competition in agriculture.
- The agencies will jointly develop within 30 days a centralized, accessible process for farmers, ranchers, and other producers and growers to submit complaints about potential violations of the antitrust laws and the Packers and Stockyards Act. The agencies will protect the confidentiality of the complainants, if they so request, to the fullest extent possible under the law and also commit to supporting the strongest possible whistleblower protections.
- The agencies will work together to promote effective information sharing and case cooperation, including processes the agencies will follow to efficiently address a complaint.
- Both agencies commit to vigorously enforce the laws that protect farmers, ranchers, and other producers and growers from unfair, deceptive, discriminatory, and anticompetitive practices. As appropriate, USDA will make reports or refer potential violations of the Packers and Stockyards Act to the Justice Department to better enable its Antitrust Division to pursue meritorious competition-related cases and to allow the agencies to collaborate on issues of mutual interest. Additionally, The Justice Department and USDA will work together to identify and highlight areas where Congress can help modernize these toolkits.
“The Justice Department takes very seriously the responsibility we share with our partners across the federal government to protect consumers, safeguard competition, and ensure economic opportunity and fairness for all,” said Attorney General Garland. “Over the past ten months, we have stepped up our efforts to ensure competition and counter anticompetitive practices across sectors – from airlines to insurance brokers to book publishers. And we will continue to vigorously enforce our antitrust laws, no matter the industry, no matter the company, and no matter the individual.”
“Producers all across the country for too long have faced a marketplace that benefits a few large companies over those who are growing our food,” said Secretary of Agriculture Vilsack. “This means that consumers are paying more and farmers, ranchers and producers see less of the profits. The pandemic only further disrupted these challenges across the supply chain, exposing a food system that was rigid, consolidated, and fragile. Antitrust and market regulatory enforcement is essential to enabling the competition necessary to transform our concentrated supply chains in favor of diversified, resilient food systems. These are complex, difficult areas of law, and our authorities are 100 years old or more, but I’m heartened by reaffirming our shared commitment to tackle these challenges together.”
Justice Department Resolves Race Discrimination Lawsuit Against Housing Authority in OklahomaRead the Press Release
The Justice Department announced today that it has obtained a settlement agreement with the Housing Authority of the Town of Lone Wolf, Oklahoma, and two of its former employees to resolve allegations that they violated federal law when they denied housing to a Black mother and her young daughter because of their race. Under the settlement, the Housing Authority and former employees David Haynes and Myra Hess must pay $75,000 in damages and take other actions to remedy their violations of the Fair Housing Act and Title VI of the Civil Rights Act of 1964.
“Housing authorities are entrusted with tax-payer dollars to serve some of the most vulnerable members of our communities,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “It is abhorrent that a housing authority would deny a home to any applicant on the basis of race. The Justice Department is committed to vigorous enforcement of federal law to ensure that no one is unlawfully denied housing because of race or for any other prohibited reason.”
“The time for racial discrimination in housing should be far behind us,” said Principal Deputy Assistant Secretary Demetria McCain of the Department of Housing and Urban Development (HUD)’s Office for Fair Housing and Equal Opportunity. “HUD is pleased the Department of Justice and HUD’s Fair Housing Initiative partner, Legal Aid Services of Oklahoma, took appropriate action to put a halt to the housing authority’s unlawful behavior.”
Under the consent decree, which was approved by the U.S. District Court for the Western District of Oklahoma, the defendants will pay a total of $65,000 to the applicant and her child, and $10,000 to the Legal Aid Services of Oklahoma Inc., whose fair housing testing exposed the Housing Authority’s discriminatory conduct. In addition, the consent decree requires the Housing Authority employees and board members to undergo training on the Fair Housing Act and Title VI, implement nondiscriminatory procedures and submit to compliance and reporting requirements.
The United States’ lawsuit, filed in December 2020, alleged that the Housing Authority employees told a Legal Aid employee who contacted them on behalf of the applicant that units were available and invited her to apply. But when the Housing Authority learned from her application that she and her child were Black, the Housing Authority denied the application and falsely told the applicant that no apartments were available. Legal Aid then conducted testing, which confirmed that the Housing Authority was discriminating against Black applicants. As the United States’ lawsuit alleged, the Housing Authority told a white tester that there were multiple apartments available to her and her daughter and showed her three vacant apartments. By contrast, the next day, the Housing Authority told a Black tester that no apartments were available for her and her granddaughter and did not show her an apartment. The Housing Authority receives funds from HUD and manages 25 apartments.
The applicant and Legal Aid subsequently filed a complaint with HUD. After an investigation, HUD determined that the defendants had violated the Fair Housing Act and Title VI and referred the matter to the Department of Justice.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. Title VI of the Civil Rights Act of 1964 prohibits discrimination because of race, color or national origin in programs or activities that receive federal financial assistance.
More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe they have been victims of housing discrimination should contact the Department of Justice toll-free at 1-833-591-0291, by email at [email protected], or submit a report online at civilrights.justice.gov.