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17 December 2021
Federal Grand Jury Indicts Man for Weapons ViolationsRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that on Friday, December 10, 2021, SHAWN BREAUX, age 29, resident of New Orleans, LA, was charged in a sealed two-count indictment for weapons violations that occurred on October 8, 2021. The indictment was unsealed on December 15, 2021.
In Count 1 of the indictment, BREAUX is charged with possessing two firearms on October 8, 2021, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). If convicted, BREAUX faces a maximum sentence of up to 10 years of imprisonment, a fine of up to $250,000, a period of up to 3 years of supervised release, and a mandatory special assessment fee of $100.00. Count 2 of the Indictment charges BREAUX with being in possession of a machine gun in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). If convicted, BREAUX faces a maximum sentence of up to 10 years of imprisonment, a fine of up to $250,000, a period of up to 3 years of supervised release, and a mandatory special assessment fee of $100.00.
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.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit of the U.S. Attorney's Office.
Fairview Aerial Sprayer Pays $240,000 to Settle Trespass and Destruction of Public Property ClaimsRead the Press Release
A Fairview-based aerial herbicide application company has paid $240,000 to settle allegations of trespass and destruction of United States property at Skiatook and Birch Lakes, in Osage County, announced Clinton J. Johnson, Acting United States Attorney for the Northern District of Oklahoma.
According to the settlement agreement, the United States owns thousands of acres of land under and surrounding Birch Lake and Skiatook Lake, which are managed by the United States Army Corps of Engineers (“USACE”) and provide crucial wildlife habitat, recreational opportunities, and designated hunting areas for the benefit of the public. Regier Flying Service, LLC (“Regier Flying”) is an FAA-certified aerial herbicide application company.
The United States contends that, in 2014 and 2017, Regier Flying committed trespass when it applied Spike 20P herbicide onto United States land around Skiatook and Birch Lakes without consent. This resulted in the death of thousands of mature trees on approximately 138 acres of United States land, which negatively impacted existing wildlife habitat and public recreational opportunities.
“The U.S. Army Corps of Engineers works daily to safeguard wildlife habitat and provide public use opportunities on federal land. The destruction of those lands will not be tolerated,” said Acting U.S. Attorney Clint Johnson. “This case should serve as a deterrent and a reminder that the United States will take appropriate action, whether civil or criminal, to hold accountable those who violate laws that protect federal land.”
This settlement resolves the pending civil action in the United States District Court for the Northern District of Oklahoma captioned United States of America v. Drummond Ranch, LLC et al., Docket No. 4:19-cv-00077-JED-SH. This case was handled by Special Assistant United States Attorneys Sarah Gruber and Anne Thidemann.
Former Detroit Police Detective Charged with BriberyRead the Press Release
DETROIT - A federal criminal complaint was unsealed today charging a former Detroit Police Department detective with bribery Acting United States Attorney Saima S. Mohsin announced. The charges were brought against Michael Pacteles, 44, of Southgate, who resigned from the Detroit Police Department (DPD) in 2020 and who is currently an officer with the Hamtramck Police Department.
Mohsin was joined in the announcement by Timothy Waters, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation and Detroit Police Chief James E. White.
According to the criminal complaint, while working as a detective with DPD, Pacteles accepted bribes, including a vehicle and $3,200 in cash, from a towing company operator. In return, Pacteles agreed to provide “favors” for the towing company operator. For instance, instead of properly recovering stolen vehicles from the towing company operator’s possession, Pacteles removed them from the DPD database that showed they were stolen. Pacteles also agreed to provide the towing company operator with information about vehicles from the Michigan Law Enforcement Information Network (or LEIN), a restricted law enforcement database.
The bribery charge carries a maximum sentence of 10 years’ imprisonment and a fine of $250,000.
This is the fifth defendant charged as part of the government’s investigation known as “Operation Northern Hook.” Northern Hook is an investigation of corruption within the government and the Police Department of the City of Detroit relating to the towing industry and other matters.
Acting United States Attorney Mohsin said, “The vast majority of police officers are hardworking dedicated public servants. Our office is committed to prosecuting those officers who cast a stain on these officers and who betray the public trust by accepting bribes. Today’s criminal complaint shows our office’s commitment to that goal.”
“The citizens of Detroit deserve a city government that is free of bribes and corruption. These individuals erode the public’s trust in government and in the men and women who serve the city with integrity,” said Timothy Waters, Special Agent in Charge of the FBI in Michigan. “The FBI will continue to prioritize the investigation of government employees who break the law. We encourage the public to report instances of public corruption to the FBI at [email protected].”
Chief White said, “I am disappointed with these allegations but fully supportive of this investigation. I would like to emphasize, that the alleged actions of one former officer does not represent the vast majority of the exceptional men and women of the Detroit Police Department who go above and beyond the call of duty for our community each and every day. We will continue to fully cooperate with our federal partners to ensure that Detroit Police Department employees involved with alleged corruption and misconduct are held accountable for their actions. The Detroit Police Department takes pride in our transparency and aspire to achieve high standards of service and accountability and recognize that these alleged actions fall far short of those goals."
The investigation of this case was conducted by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Steven P. Cares.
A criminal complaint is only a charging document and is not evidence of guilt.
Eagle Butte Man Sentenced on Gun ChargeRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Prohibited Person in Possession of a Firearm was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Devin Dolphus, age 22, was sentenced to 26 months in federal prison, followed by three years of supervised release, forfiture of firearms and ammunition, and a $100 special assessment to the Federal Crime Victims Fund.
Dolphus was indicted for Prohibited Person in Possession of a Firearm by a federal grand jury on July 13, 2021. He pled guilty on September 27, 2021.
The conviction stemmed from an incident on May 31, 2021, in Eagle Butte, when Cheyenne River Sioux Tribe officers initiated a traffic stop on Dolphus and recovered drug paraphernalia, two firearms, and ammunition from the vehicle. Dolphus was previously convicted in June 2019 for a felony firearm offense, and based on the conviction, knew he was prohibited from possessing firearms.
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.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Dolphus was immediately turned over to the custody of the U.S. Marshals Service.
Defendant Sentenced to 78 Months in Prison for Transnational Fraud SchemeRead the Press Release
Earlier today, in federal court in Central Islip, Ajay Sharma, a citizen of India, was sentenced by United States District Judge Joan M. Azrack to 78 months’ imprisonment for conspiracy to commit wire fraud as part of a large-scale telemarketing scheme. The Court also ordered Sharma to pay restitution of $3,266,714, and forfeiture in the amount of $1,005,421.
Breon Peace, United States Attorney for the Eastern District of New York, and Thomas Fattorusso, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS-CI) announced the sentence.
“Today’s sentence demonstrates that defendants like Ajay Sharma, who perpetrate transnational fraud schemes through lies and by instilling fear in their victims, will be brought to justice and pay for their crimes,” stated United States Attorney Peace. “This case was the result of a coordinated law enforcement response to disrupt fraudulent call centers based in India and protect the public from financial exploitation.” Mr. Peace thanked William Kalb, Special Agent-in-Charge, Treasury Inspector General for Tax Administration, Northeast Field Division; IRS-CI; the New York City Police Department and the Garden City Police Department for their invaluable assistance with the case.
“Ajay Sharma received a just sentence this morning for relentlessly stealing millions of dollars from innocent Americans by posing as Federal employees,” stated IRS-CI Special Agent-in-Charge Fattorusso. “IRS Criminal Investigation is determined to dismantle these criminal enterprises who victimize hard working United States citizens for personal gain. IRS-CI will continue to protect our financial system from fraudsters both abroad and here at home.”
Sharma, as the director and owner of APS Technology, was the leader and organizer of the fraud scheme. Between January 2018 and September 2018, operating from call centers in India, Sharma and his co-conspirators targeted victims in the United States and falsely claimed to be employees of the Internal Revenue Service, the Social Security Administration or the Drug Enforcement Administration. The victims were informed that they owed a sum of money to the United States government, or one of its agencies, and that they would be arrested if the debts were not promptly paid. After victims wired payments to bank accounts that the defendants had opened in the names of inactive and shell corporations to receive the fraud proceeds, the funds were withdrawn by Sharma and his co-conspirators.
Four of Sharma’s co-conspirators, Ankur Sharma, Armughanul Asar, Harpreet Singh and Jamal Zafar previously pleaded guilty and are awaiting sentencing. Two other co-conspirators, Ricardo Urbino and Kamal Zafar are scheduled for trial in March 2022.
The government’s case is being prosecuted by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor are in charge of the prosecution.
The Defendant:
AJAY SHARMA
Age: 45
Mumbai, IndiaE.D.N.Y. Docket No. 19-CR-024 (JMA)
Council Bluffs Man Sentenced for Methamphetamine and Firearm OffensesRead the Press Release
COUNCIL BLUFFS, IA – A Council Bluffs man was sentenced Tuesday, December 14, 2021, by United States District Court Judge Rebecca Goodgame Ebinger to 180 months in prison for Possession with Intent to Distribute Methamphetamine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime. According to court documents, Matthew Michael Loth, age 42, pleaded guilty to the methamphetamine and firearm offenses in July of 2021.
On March 4, 2021, Loth was parked at a gas station and law enforcement stopped to talk to him after noticing the car did not have a front license plate. Communications advised the officers Loth had a warrant for his arrest for a violation of supervised release. A trained and certified narcotics-sniffing dog alerted and indicated to the odor of a controlled substance in Loth’s vehicle and police searched the car. A firearm with a loaded magazine and 109 grams of methamphetamine were located.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department, Douglas County (Nebraska) Sheriff’s Office and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
Council Bluffs Man Sentenced for Firearm OffenseRead the Press Release
COUNCIL BLUFFS, IA – A Council Bluffs man was sentenced Tuesday, December 14, 2021, by United States District Court Judge Rebecca Goodgame Ebinger to 120 months in prison for Prohibited Person in Possession of a Firearm. According to court documents, Clarence L. Woolsoncroft, age 58, pleaded guilty to the firearm offense in August of 2021. Woolsoncroft will serve three years of supervised release following his prison term.
In April of 2021, the Council Bluffs Police Department received an anonymous telephone call reporting Woolsoncroft, who was a convicted felon, used drugs and had firearms. The caller also reported Woolsoncroft threatened them. Council Bluffs Police Department began an investigation which led to a search warrant being served on Woolsoncroft’s residence and the subsequent recovery of two handguns and three shotguns with a large amount of assorted ammunition. The investigation also developed Woolsoncroft regularly used methamphetamine, and an incident in which after Woolsoncroft had used methamphetamine, he pointed an unloaded handgun at a person and pulled the trigger, before telling the person the firearm was not loaded.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. This case was prosecuted by the United States Attorney’s Offices for the Southern District of Iowa.
Convicted Felon Charged with Drug and Firearms OffensesRead the Press Release
BOSTON – A repeat convicted felon has been charged for allegedly possessing a firearm and multiple rounds of ammunition and fentanyl intended for distribution.
Francisco Gabriel Diaz, 31, of Boston, was charged with one count of possession with intent to distribute 40 grams or more of fentanyl and one count of being a felon in possession of a firearm. Following an initial appearance today before U.S. District Court Magistrate Chief Judge M. Page Kelley, Diaz was detained pending a probable cause hearing scheduled for Dec. 30, 2021.
According to the charging documents, on June 24, 2021, a search of the residence where Diaz was staying resulted in the recovery of a black Taurus G2S 9mm firearm, a 9mm magazine containing seven live 9mm rounds, a 9mm magazine containing one live 9mm round, over 40 grams of fentanyl, several plastic bags containing crack cocaine, a box of sandwich bags and a digital scale. Diaz is prohibited from possessing a firearm due to four previous felony convictions: a May 2020 conviction for possession of cocaine base; an October 2017 conviction for possession with intent to distribute a Class B Substance; an April 2017 conviction for possession with intent to distribute a Class A Substance and Class B Substance; and a January 2014 conviction for assault with a dangerous weapon. Diaz was on federal supervised release for the May 2020 cocaine conviction at the time of the search.
The charge of possession with intent to distribute 40 grams or more of fentanyl provides for a sentence of at least five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division. Assistant U.S. Attorney Benjamin A. Saltzman of Mendell’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Cocaine Supplier Pleads Guilty and is Sentenced to over 10 Years in Federal Prison for Cocaine Trafficking ChargesRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell sentenced Jack Anderson IV, age 45, of Tucson, Arizona, to 126 months in federal prison after Anderson entered a guilty plea to conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine.
The guilty plea and sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Harford County State’s Attorney Albert J. Peisinger, Jr.; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration; Sheriff Jeffrey Gahler of the Harford County Sheriff’s Office; and the Harford County Narcotics Task Force comprised of members of the Harford County Sheriff's Office, Aberdeen Police Department, Bel Air Police Department, and Havre de Grace Police Department.
According to Anderson’s plea agreement, on May 17, 2019, members of the Harford County Narcotics Task Force conducted an investigation into co-conspirator Che Jaron Durbin, age 43, of Aberdeen, Maryland, after receiving notification that a parcel containing one kilogram of cocaine was shipped by Anderson from Tucson, Arizona to Durbin in Aberdeen, Maryland. Detectives learned from the United States Postal Inspection Service that the parcel was scheduled to be delivered to an Aberdeen, Maryland apartment.
After the parcel was delivered, detectives continued to watch the Aberdeen, Maryland apartment. Soon after, investigators observed a woman, later identified as Jameka Cara Thompson, leaving the apartment and place the parcel in her vehicle.
Shortly after Thompson arrived at her destination, detectives detained her and executed a search warrant on her vehicle. Upon searching the parcel, detectives recovered one kilogram of compressed cocaine.
On January 22, 2020, law enforcement was informed that a parcel had been sent by Durbin to Anderson in Arizona. The parcel was believed to contain cash. Investigators then arranged to have the parcel sent back to Maryland for further investigation. Upon examination of the parcel, investigators discovered $82,300.00 within a box originally labeled as high-end headphones.
As stated in Anderson’s plea agreement, in February 2020, law enforcement began to conduct a wiretap investigation on several narcotics dealers in Harford County, Maryland, including Durbin. As a result of the investigation, Anderson was identified as Durbin’s cocaine supplier.
Further, in May 2020, law enforcement while conducting surveillance observed Durbin and Anderson meet at a Tucson, Arizona hotel room, where they met for a brief period of time. Soon after the meeting, Durbin traveled to the Tucson, Arizona Airport where he was seen meeting with Thompson and driving her back to his hotel room. Thompson ultimately obtained a bulk supply of cocaine from Anderson at the Arizona hotel.
Based on the surveillance by task force detectives of Durbin, Thompson, and Anderson, in Arizona, law enforcement obtained and executed a search warrant on Thompson’s vehicle after she arrived back in Harford County, Maryland. As a result of the search warrant, officers seized an additional 1.4 kilograms of cocaine.
Anderson agreed that based on his role in the conspiracy he was involved in the distribution of at least five kilograms but less than fifteen kilograms of cocaine.
United States Attorney Erek L. Barron commended the Harford County State’s Attorney’s Office, the DEA, Harford County Sheriff’s Office, and the Harford County Narcotics Task Force for their work in the investigation. Mr. Barron thanked Assistant Special U.S. Attorney Christopher J. Romano, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Chesapeake Man Pleads Guilty to Firearms TraffickingRead the Press Release
NORFOLK, Va. – A Chesapeake man pleaded guilty today to conspiracy to make false statements in connection with 45 firearm transactions.
According to court documents, from June 2019 through June 2020, Kevin Staton, Jr., 23, engaged in the business of buying and selling 45 firearms without a license. In furtherance of this illegal activity, he made false official statements on ATF forms in order to buy firearms. Staton claimed he was the actual buyer of the firearms, but, in actuality, he was purchasing the firearms for other individuals or with intent to resell them. Staton would coordinate with co-conspirators to identify firearms for purchase through online firearm marketplaces.
When Staton was interviewed by ATF agents he said, “Guns are like money,” and “I’m buying them knowing I’m going to be selling them.”
At least 15 of the 45 firearms Staton purchased were recovered from crime scenes in other cities and states. All but one of those firearms had been used for a crime or recovered by law enforcement less than one year after purchase from Staton.
Staton is scheduled to be sentenced on April 27, 2022. He faces a maximum penalty of 15 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Greg D. Underwood, Norfolk Commonwealth’s Attorney; and Charlie J. Patterson, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea.
Assistant U.S. Attorney John F. Butler and Special Assistant U.S. Attorney Graham M. Stolle are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), which 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:21-cr-141.
Cherokee County man pleads guilty to possession of child pornographyRead the Press Release
ATLANTA - Jonathan Blane Allred, who was previously convicted of possession of child pornography and used his email and Dropbox accounts to download hundreds of sexually explicit images of children, has pleaded guilty to possession of child pornography. Images and videos of children as young as six years old, engaged in sexually explicit conduct, were among the items confiscated.
“It is particularly disturbing when a defendant who has already served a significant federal sentence for possession of child pornography returns to society only to again engage in this kind of violation of children,” said U.S. Attorney Kurt R. Erskine. “Possessing child pornography victimizes and abuses the children in the images each time they are disseminated and viewed. This office remains committed to protecting our children from those that seek to exploit them.”
“Clearly, Allred has not gotten the message that this behavior will not be tolerated and that HSI and its law enforcement partners will continue to hold him accountable for actions,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama.
“Protecting our children from these types of offenders will always be a priority. We appreciate the partnership we have with the National Center for Missing and Exploited Children and are pleased Allred is off the streets of Cherokee County,” said Cherokee County Sheriff Frank Reynolds.
According to U.S. Attorney Erskine, the charges and other information presented in court: In March 2021, The National Center for Missing and Exploited Children (NCMEC) received a report about a Dropbox account user that had uploaded six files depicting children under the age of 12 engaged in sexually explicit conduct. That information was provided to Cherokee County Sheriff’s Office.
Cherokee County deputies then executed search warrants for the Dropbox and an associated email account and determined that the accounts belonged to Allred and were being accessed from Allred's home. Contained in Allred's Dropbox and email accounts were nearly 600 images, videos, and gifs of children engaged in sexually explicit conduct.
On June 14, 2021, Cherokee County deputies arrested Allred and executed a search warrant for the contents of his laptop and phone. In addition to the hundreds of images found in his accounts, Allred had also stored child pornography on the hard drive of his computer.
Allred was convicted for possession of child pornography in March 2010, in the Northern District of Georgia. He began serving a term of supervised release in August 2019. Allred also faces revocation of his supervised release as a result of possessing child pornography.
Jonathan Blane Allred, 49, of Waleska, Georgia, pleaded guilty to possession of child pornography on December 16, 2021. Sentencing is scheduled for March 24, 2022, at 3:00 p.m. before U.S. District Judge Eleanor L. Ross.This case is being investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Cherokee County Sheriff’s Office.
Assistant U.S. Attorney Tiffany R. Dillingham is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
California Man Sentenced for LarcenyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Los Angeles, California, man convicted of Larceny was sentenced on December 13, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Julio Salvador Guevara, age 36, was sentenced to eight months in federal prison, followed by two years of supervised release, a special assessment to the Federal Crime Victims Fund in the amount of $100, and restitution in the amount of $825.32.
Guevara was indicted by a federal grand jury on July 17, 2018. He pled guilty on September 20, 2021.
The conviction stemmed from an incident that occurred on January 19, 2018, in Eagle Butte, South Dakota. Guevara stole a pickup truck and fled from several law enforcement officers on the Cheyenne River Sioux Indian Reservation. Guevara was arrested after he stopped the pickup instead of driving over tire spikes placed on the road.
This case was investigated by Cheyenne River Sioux Tribe Law Enforcement Services, the Ziebach County Sheriff’s Office, the Haakon County Sheriff’s Office, and the South Dakota Highway Patrol. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Guevara was immediately remanded to the custody of the U.S. Marshals Service.
Boston Man Charged with Firearm OffensesRead the Press Release
BOSTON – A Boston man has been charged with illegal possession of firearms stemming from his alleged posts on social media.
Dumari Shakur Scarlett-Dixon, 20, was charged with one count of being a drug user in possession of a firearm and ammunition. Following an initial appearance yesterday before U.S. District Court Magistrate Judge Donald L. Cabell, Scarlett-Dixon was detained pending a detention hearing which is scheduled for Dec. 21, 2021.
According to court documents, in September 2021, law enforcement identified Scarlett-Dixon as a member of the Heath Street gang, a Boston-area street gang. Scarlett-Dixon has four unlawful possession of firearm charges currently pending: one in Suffolk County Juvenile Court; one in Dorchester District Court; and two in Roxbury District Court. Additionally, Scarlett-Dixon was on court-ordered home confinement at his grandmother’s residence in Weymouth at the time. It is alleged that agents identified images and posts Scarlett-Dixon made on Snapchat. Many of the Snapchat posts included images of Scarlett-Dixon allegedly holding firearms in a shooting position towards the camera and pictured him in possession of firearms with extended ammunition clips.
According to the charging documents, on Sept. 24, 2021, a search of the Weymouth residence resulted in the seizure of a Bersa 9 millimeter semiautomatic pistol loaded with 14 rounds of ammunition in a high capacity ammunition clip under a pillow on Scarlett-Dixon’s bed. Agents also seized 36 additional rounds of 9 millimeter ammunition and 10 rounds of .380 caliber ammunition. Marijuana blunts were also allegedly observed to be scattered throughout the room. A search of Scarlett-Dixon’s phone revealed that the defendant regularly searched for information about firearms, including “Tactical Green Laser Light Combo Led Pistol Gun Rechargeable Battery,” “High Capacity Magazines” and “Ruger ec9s laser light combo,” in addition to press releases for Boston-area gun and drug trafficking arrests.
The charge of being a drug user in possession of a firearm and ammunition provides for a sentence of up to 10 year in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division made the announcement. Assistant U.S. Attorney Christopher Pohl of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boston Man Arrested for Distributing MethamphetamineRead the Press Release
BOSTON – A Boston man was arrested yesterday on charges of methamphetamine distribution.
Joshua Westbrook, 25, was indicted on one count of distribution and possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine. Westbrook was detained following an initial appearance today before U.S. District Court Magistrate Judge Judith G. Dein.
According to the indictment, on or about Nov. 9, 2021, Westbrook distributed 50 grams or more of methamphetamine in Dorchester.
The charge of distribution and possession with intent to distribute 50 grams or more of methamphetamine provides for a sentence of at least 10 years and up to life years in prison, at least 5 years and up to a lifetime of supervised release, and a fine of up to $10 million. Sentences are imposed by federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The operation was conducted is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. More information on the OCDETF program is available here: https://www.justice.gov/ocdetf/about-ocdetf.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Commissioner Carol Mici of the Massachusetts Department of Correction made the announcement today. Valuable assistance was provided by the United States Postal Service; Plymouth County and Norfolk County Sheriff's Offices; Massachusetts State Police; and the Portland (Maine), Watertown, Waltham, Concord, Reading, Peabody and Hudson Police Departments. Assistant U.S. Attorney Alathea Porter of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Bellingham, Washington, woman sentenced to prison for ‘shunt’ attack on BNSF trackRead the Press Release
Seattle – A 28-year-old Bellingham, Washington, woman was sentenced today in U.S. District Court in Seattle to 12 months and one day in prison and three years of supervised release for committing an act of violence against a railroad carrier, announced U.S. Attorney Nick Brown. Ellen Brennan Reiche, was one of two people arrested on the BNSF Railway tracks near Bellingham, near midnight on November 28, 2020. Reiche was convicted September 9, 2021, of placing a ‘shunt’ – a device that interferes with train signals – on the tracks. At the sentencing hearing, Chief U.S. District Judge Ricardo S. Martinez called her offense “extremely serious.” In addition to the prison sentence, the court ordered that Reiche must complete 100 hours of community service while on federal supervision.
“Placing a shunt on active railroad tracks puts lives in danger – to drivers preparing to cross the tracks who may not get any warning lights of an approaching train, and to the homeowners in the area who could be endangered by a train derailment,” said U.S. Attorney Nick Brown. “In this case the shunt was placed just prior to the arrival of a train with 97 tanker cars loaded with crude oil. Thankfully, the device was discovered and removed before it could cause a tragedy.”
According to records in the case and testimony at trial, on the night of November 28, 2020, Reiche and co-defendant Samantha Frances Brooks, 24, were observed on video surveillance walking on the tracks near a crossing in Bellingham. Whatcom County Sheriff’s deputies responded to the scene. The defendants were detained for trespassing, and a shunt was found on the tracks near where the deputies had first encountered them. Reiche was carrying a paper bag containing wire, a drill with a brush head, a magnetic adhesive and gloves. The wire was similar to the wire used in the shunting incidents. The shunt that was placed on the tracks could have interfered with the railroad crossing warnings at Cliffside Drive in Bellingham. A train carrying crude oil, among other cargo, was scheduled to come through that area soon after this incident.
The FBI’s Joint Terrorism Task Force worked with BNSF police to investigate the placement of 41 shunts on the BNSF tracks since January 19, 2020. A shunt is comprised of wire that is stretched between the rails and often fastened with magnets, disrupting the systems that indicate a train is on the tracks. On ten occasions, shunts were placed in areas that disrupt the crossing guards where the tracks cross streets, so vehicles could have tried to cross the tracks unaware of the oncoming train. On the night of October 11, 2020, multiple shunts were placed in three different locations in Whatcom and Skagit Counties. The shunts triggered an automatic braking system on a train that was transporting hazardous and combustible material. The emergency braking then caused a portion of the train to decouple from the engine. Decoupling has the potential to cause a derailment—in this case—of tanker cars of flammable gas in a residential area.
In asking for a 27-month sentence, prosecutors wrote to the court about the danger of shunts, including the potential to cause derailments, which can be deadly and cause extensive environmental damage. “There have been at least two examples just within the past year that hit close to home. In one, an oil train derailed near Custer, Washington, causing massive fires and other damage, and in the other, a passenger train bound for Seattle derailed in Montana, killing three people and injuring dozens. Here, if a train had derailed where Reiche placed the shunt, numerous nearby homes and the train crew would have been badly affected. And even setting aside the risk of a derailment, the shunt endangered anyone crossing the tracks at Cliffside Drive. There might have been no warning from the crossing system at all.”
Co-defendant Brooks pleaded guilty July 9, 2021, to interference with a railroad signaling system. Brooks was sentenced in October to 6 months in prison and 3 years of supervised release, with Brooks ordered to complete four months of home confinement and 200 hours of community service while on supervision.
The case was investigated by the FBI’s Joint Terrorism Task Force, which includes agents from Customs and Border Protection (CBP), in connection with the BNSF Railway Police. Critical investigative assistance is being provided by the Whatcom County Sheriff’s Office.
The case was prosecuted by Assistant United States Attorneys Philip Kopczynski, Sok Tea Jiang, and Thomas Woods.
Asheville Man Is Sentenced to 28 Years on Child Pornography ChargesRead the Press Release
ASHEVILLE, N.C. – Coyoami Ruiz Miguel, 26, of Asheville, was sentenced late yesterday by Chief U.S. District Judge Martin Reidinger to 28 years in prison on child pornography charges, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Chief David Zack of the Asheville Police Department (APD) joins U.S. Attorney King in making today’s announcement.
According to court documents and court proceedings, from July 2019 to April 2020, Miguel used Snapchat and other messaging apps popular with teenagers to contact at least 15 minor females in the Asheville area for the purpose of inducing the minors to produce sexually explicit images and engage in sex acts with him in exchange for money. In April 2020, APD officers arrested Miguel and seized numerous electronic devices. A forensic analysis of the devices revealed that Miguel possessed dozens of videos and images of teenage girls engaging in sexually explicit conduct. Some of the videos also depicted Miguel engaging in sex acts with the minors. As Miguel previously admitted in court, the defendant used the mobile payment service Cash App to pay the underage victims for the child pornography and sex acts.
On January 13, 2021, Miguel pleaded guilty to possession of child pornography and using a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. In making today’s announcement, U.S. Attorney King commended the Asheville Police Department for their investigation of the case and thanked Homeland Security Investigations, the North Carolina State Bureau of Investigation, the Buncombe County Sheriff’s Office, and the Henderson County Sheriff’s Office for their invaluable assistance.
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In a separate case, Judge Reidinger sentenced Kenneth Ricky Ingle, Jr., 35, of Shelby, North Carolina, to 20 years in prison and a lifetime of supervised release on child pornography charges. According to documents filed in this case, in August 2020, Ingle used the Kik messenger app to engage in sexually explicit communications with a 14-year-old female residing in Florida. Over the course of their exchanges, Ingle induced the minor to send him videos and images of herself depicting sexually explicit conduct.
U.S. Attorney King credited the FBI in North Carolina, under the direction of Special Agent in Charge Robert R. Wells, with the investigation leading to Ingle’s prosecution.
The defendants are in federal custody and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
Miguel will also be subject to deportation proceedings upon the completion of his federal sentence. If Miguel is not deported, or later returns to the United States, he was ordered by Judge Reidinger to serve a lifetime of supervised release and to register as a sex offender.
Both cases were prosecuted by the U.S. Attorney’s Office in Asheville as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Antitrust Division Seeks Additional Public Comments on Bank Merger Competitive AnalysisRead the Press Release
The Department of Justice’s Antitrust Division announced today that it is seeking additional public comments until Feb. 15, 2022, on whether and how the division should revise the 1995 Bank Merger Competitive Review Guidelines (Banking Guidelines). The division will use additional comments to ensure that the Banking Guidelines reflect current economic realities and empirical learning, ensure Americans have choices among financial institutions, and guard against the accumulation of market power. The division’s continued focus on the Banking Guidelines is part of an ongoing effort by the federal agencies responsible for banking regulation and supervision.
“The Antitrust Division shares with its federal partners an interest in ensuring bank mergers do not harm competition and the competitive process,” said Assistant Attorney General Jonathan Kanter of the Antitrust Division. “I commend Director Chopra for his leadership in this area, and look forward to reviewing updated comments as the division undertakes this important review. I am grateful to those stakeholders who participated in the public comment process so far, and I invite them and any other interested parties to remain engaged in it.”
On Sept. 1, 2020, the division issued a press release seeking comments on whether and how the Banking Guidelines should be revised. The call for public comment included six specific questions, including whether any new guidance should be bank-specific, whether any new bank merger guidance should be jointly issued, whether the 1800/200 Herfindahl-Hirschman Index (HHI) screen should be updated, and whether there should be a de minimis exception. Building on the responses, the updated call for comment focuses on whether bank merger review is currently sufficient to prevent harmful mergers and whether it accounts for the full range of competitive factors appropriate under the laws.
As part of its ongoing review, the division invites interested persons, including banks, other financial institutions, small businesses, small and local banks, laborers and workers, and other industry stakeholders, to provide information or comments relevant to whether the division should revise the Banking Guidelines or change the way it analyzes bank mergers to reflect modern trends in financial services and banking competition. In particular, the division seeks public comments on the issues found in the Antitrust Division Banking Guidelines Review - Public Comments Topics & Issues Guide. The division has and will continue to consult with the Federal Reserve, the Office of the Comptroller of Currency and the Federal Deposit Insurance Corporation, and will review and consider public comments before deciding on the most appropriate course of action.
Comments on the Banking Guidelines can be emailed to [email protected] and must be received no later than Feb. 15, 2022.
Alcoa to Clean up Remaining Surface Contamination at Former East St. Louis Aluminum Plant Under Federal SettlementRead the Press Release
Alcoa Corporation and Howmet Aerospace, successors to Alcoa Incorporated, and the City of East St. Louis, Illinois, will clean up hazardous waste disposal sites surrounding Alcoa’s former aluminum manufacturing plant in East St. Louis to resolve federal liability. The settlement will require the companies to clean up radium, arsenic, chromium, lead and other hazardous substances detected in soils at an estimated cost of $4.1 million and reimburse all future costs incurred by the United States in overseeing the cleanup. The complaint filed simultaneously with the proposed consent decree alleges that defendants are liable for the cleanup of hazardous wastes generated by and disposed of on and around the site of the Aluminum Company of America’s aluminum manufacturing and production plant that operated from 1903 until 1957.
“Today’s settlement ensures that Alcoa will continue to clean up the hazardous wastes its industrial activities left behind more than 60 years ago,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The work to be performed under this settlement will protect nearby residents and the environment from any future exposure to the hazards from the former plant operations.”
“For many decades, the residents of East St. Louis have lived near hazardous wastes located at the former Alcoa aluminum production site,” said Acting Assistant Administrator Larry Starfield of the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “Today’s settlement means a safer environment for neighboring communities, including communities that have been historically overburdened by pollution.”
Under the settlement, Alcoa Corporation and Howmet Aerospace, and the City of East St. Louis, which owns some of the property, will be required to implement the cleanup remedy selected by EPA for over 180 acres designated as Operable Unit 2, by excavating approximately 40,000 cubic yards of near-surface hazardous waste material to a depth of at least two feet, consolidating it with other waste from the former plant, and covering it with a minimum of two feet of clean soil that will be seeded to meet the requirements of applicable Illinois regulations. Stormwater controls also will be installed or reconfigured to protect local properties. This remedy follows on the cleanup of the adjacent Operable Unit 1, which is 220 acres of the former plant facility. Any groundwater contamination will be the subject of future investigation by EPA.
More information about this settlement can be found at: https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0508010.
The consent decree, lodged in the U.S. District Court for the Southern District of Illinois, is subject to a 30-day public comment period and final court approval. The consent decree will be available for viewing at https://www.justice.gov/enrd/consent-decrees.
16 December 2021
Worcester Man Sentenced for Cocaine DistributionRead the Press Release
BOSTON – A Worcester man was sentenced today for distributing nearly one kilogram of cocaine.
Julio Rivera, 47, was sentenced by U.S. District Court Judge Timothy S. Hillman to five years in prison and four years of supervised release. On Sept. 2, 2021, Rivera was convicted by a federal jury of distribution and possession with intent to distribute 500 grams or more of cocaine.
In October 2018, a federal investigation into co-conspirator Melvin Burgos intercepted numerous communications between Burgos and co-conspirator William Torres arranging to obtain one kilogram of cocaine from Rivera. On Nov. 1, 2018, Rivera led Burgos to his storage unit in Worcester where he distributed 900 grams of cocaine to Burgos. Agents subsequently stopped both Rivera and Burgos and a search of Rivera’s vehicle recovered the phone he used to communicate with Torres and Burgos, which he had attempted to destroy. A search of Burgos’ vehicle resulted in the seizure of the 900 grams of cocaine.
Torres and Burgos each pleaded guilty to their role in the conspiracy. On Feb. 26, 2021, Torres was sentenced to five years in prison and four years of supervised release. Burgos is scheduled to be sentenced on Jan. 5, 2022.
Acting United States Attorney Nathaniel Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorneys John T. Mulcahy and Mackenzie A. Queenin of Mendell’s Criminal Division prosecuted the case.
Woodford County Man Pleads Guilty to Wire Fraud in Connection with Fraudulently Obtained COVID Relief LoansRead the Press Release
LEXINGTON, Ky. – A Versailles, Ky., man, Randall “Rocky” Blankenship, Jr., 49, pleaded guilty on Thursday, before U.S. District Judge Karen C. Caldwell, to a conspiracy to commit wire fraud to obtain Paycheck Protection Program loans under false pretenses.
According to his plea agreement, in April 2020, Blankenship submitted four fraudulent applications for Paycheck Protection Program (PPP) loans for Blankenship RV Finance Solutions LLC, RSGG Properties LLC, RSGG Holdings LLC, and RSGG Investments LLC, all business entities he formed. The Paycheck Protection Program was created as part of the CARES Act, a law passed in March 2020 in response to the COVID-19 pandemic. Paycheck Protection Program loans were designed to provide an incentive for small businesses to keep workers on their payroll during the pandemic; these loans would be forgiven by the United States Small Business Administration, if the borrower established that loan proceeds were used for payroll, rent, or other approved business expenses. The amount of the loan was dependent on the business’s payroll.
As part of his fraudulent PPP loan applications, Blankenship, with the assistance of a certified public accountant, created fake tax documents and payroll records indicating that his businesses had hundreds of thousands of dollars in quarterly payroll; when in fact, none of the entities had any payroll expense at all. Blankenship submitted the applications through Kentucky Bank and Independence Bank; and as a result, he obtained fraudulent PPP loans totaling $1,323,829. According to his plea, he used some of the funds for a RV business he owned (which had already received its own PPP loan and was ineligible for additional loans at the time), as well as personal use, including paying off casino debt and purchasing real estate.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; Kathy Enstrom, Special Agent in Charge, Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); and Stephen Donnelly, Acting Special Agent in Charge, Eastern Region, Office of Inspector General for the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection (FRB), jointly announced the guilty plea. The investigation was conducted by the FBI, FDIC-OIG, and FRB. The United States was represented by Assistant U.S. Attorney Paul McCaffrey.
Blankenship is scheduled to be sentenced on March 17, 2022. Blankenship agreed to pay restitution of $1,323,829. He faces a maximum of twenty years in prison, a fine of not more than $250,000, and supervised release of not more than three years. However, any sentence will be imposed by the Court, after its consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Watervliet Felon Charged with Unlawful Possession of a FirearmRead the Press Release
ALBANY, NEW YORK – Calvin Strong, age 29, of Watervliet, New York, was ordered detained today pending trial on a charge that he unlawfully possessed a firearm as a felon.
The announcement was made by United States Attorney Carla B. Freedman and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The complaint alleges that Strong, a felon, possessed a handgun in Watervliet on or about November 23, 2021. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
The charge carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the United States Probation Office for the Northern District of New York, the ATF, U.S. Marshals Service, and the Watervliet Police Department, and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
USP Canaan Inmate Charged with Attempt to Introduce Narcotics and Tobacco into A Federal PrisonRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Antonio Bishop, age 37, an inmate at United States Penitentiary, Canaan (USP Cannan), Waymart, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on charges stemming from an attempt to introduce narcotics and tobacco into a federal prison.
According to United States Attorney John C. Gurganus, the indictment alleges that inmate Bishop attempted to provide suboxone and amphetamines, narcotic controlled substances, to inmates, and to possess and obtain tobacco, all of which is considered contraband in a federal prison.
The case was investigated by the Bureau of Prisons Special Investigation Section (SIS) and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum total penalty under federal law for these offenses is 20 years, 6 months of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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USP Canaan Inmate Charged with Assault with A Dangerous Weapon and Possession of A Prohibited ObjectRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Louis Borrero, age 38, an inmate at United States Penitentiary, Canaan (USP Canaan), in Waymart, Pennsylvania, was indicted on December 14, 2021, by a federal grand jury on assault and weapon possession charges.
According to United States Attorney John C. Gurganus, the indictment alleges that inmate Borrero assaulted a victim on July 16, 2021 at USP Canaan with a razor blade, which is a contraband weapon in a federal prison.
The case was investigated by the Bureau of Prisons Special Investigation Section (SIS) and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum combined penalty under federal law for these offenses is 15 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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U.S. Attorney’s Office Announces More Than $1.1 Million Awarded to Specialized Court Dockets in Summit CountyRead the Press Release
The U.S. Attorney’s Office for the Northern District of Ohio announced today that the Department of Justice Office of Justice Programs (OJP) has awarded $1,175,000 in grant funding to support the Summit County Valor Court and Hope Court initiatives.
The Summit County Valor Court was awarded $625,000. The Valor Court was established due to the recognition that many veterans return to civilian life with serious trauma, both physical and mental, which may lead to their involvement with the criminal justice system. This specialized docket gives veterans access to programs, treatment and interaction with mentors in an initiative to enhance chances of success.
The Summit County Hope Court was awarded $550,000. The Hope Court (Healing, Opportunity, Progress & Empowerment) is the first felony specialized court for individuals who have been diagnosed with a severe and persistent mental health illness in Summit County. As a certified specialized docket with the Ohio Supreme Court, HOPE Court aims to improve life stability, reduce criminal recidivism, increase compliance with court orders and more.
Learn more about these specialty courts here.
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The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
U.S. Attorney's Office Testifies at Hearing on D.C. Revised Criminal Code Act of 2021Read the Press Release
The U.S. Attorney’s Office for the District of Columbia testified today at a hearing on the District of Columbia Revised Criminal Code Act of 2021.
Elana Suttenberg, Special Counsel to the U.S. Attorney, testified at a hearing of the District of Columbia Council’s Committee on the Judiciary and Public Safety. Today’s hearing is the third in a series. As stated today, the U.S. Attorney’s Office is committed to continuously seeking to improve the criminal law and the criminal justice system in the District, and looks forward to continuing to engage the Council and the community in a discussion of how to make our criminal law more fair and just for all.
Special Counsel Suttenberg also provided written remarks, below:
STATEMENT OF ELANA SUTTENBERG
SPECIAL COUNSEL TO THE UNITED STATES ATTORNEY
UNITED STATES ATTORNEY’S OFFICE FOR THE DISTRICT OF COLUMBIA
Thursday, December 16, 2021, 9:30 a.m.
Virtual Hearing via Zoom
Chairman Allen and Members of the Council:
My name is Elana Suttenberg, and I am the Special Counsel for Legislative Affairs at the United States Attorney’s Office for the District of Columbia (USAO-DC). I thank you for the opportunity to appear at today’s public hearing regarding the “Revised Criminal Code Act of 2021” (RCCA).
USAO-DC supports the goal of reforming the D.C. criminal code to ensure that statutes are clear and consistent, logically ordered, and proportionate in their penalties. In many ways, the RCCA is consistent with that goal, and we appreciate the Council considering these recommendations further. The RCCA is the product of a tremendous amount of work by the D.C. Criminal Code Reform Commission (CCRC) Executive Director, CCRC staff, and Advisory Group members, and we recognize their efforts. The RCCA creates many positive reforms to the criminal code, and is an important part of criminal justice reform in the District. USAO-DC participated as a member of the CCRC Advisory Group, and we voted in favor of submitting the final recommendations to the Council and Mayor. At the time of the vote, however, we were clear that our vote was not intended to express support for all of the CCRC’s recommendations. While we were supportive of moving this process forward, we believe that there are some substantial remaining issues that should be addressed before the Council takes final action.
Our most significant concerns focus on accountability for the most violent crimes (such as child sexual abuse, murder, burglary, robbery, and carjacking), and that some of the RCCA proposals are not integrally related to substantive criminal law and overlook the realities of certain resource constraints impacting Superior Court and our office. My testimony today will highlight those significant concerns, and my subsequent written testimony will address additional concerns.
Provisions that Should Be Disaggregated from the Revised Criminal Code Act
Initially, there are several provisions that are not integrally related to the substantive criminal law that the CCRC was tasked with revising. These provisions should be disaggregated from the RCCA and considered on their own merit as separate legislation. A reform of the substantive criminal laws is already a tremendous endeavor that will have a significant impact on the criminal justice system. The RCCA should focus first and foremost on these substantive criminal laws, and the Council should consider these additional procedural provisions—if at all—once the criminal justice system has responded to the RCCA’s impacts. Even though we believe that these provisions should be disaggregated from the RCCA, we offer the following concerns.
Expanded Right to a Jury Trial for Misdemeanors
The RCCA proposes dramatically expanding the right to a jury trial for misdemeanor offenses, such that, within several years, all offenses punishable by any period of incarceration would be jury demandable. See RCCA Amendments to D.C. Code § 16-705.
We respect the right to a jury in appropriate cases, including all felony cases. Jury demandability requirements for misdemeanors, however, should remain consistent with current law. When considering any changes to the jury demandability provisions, we strongly encourage the Council to closely engage with D.C. Superior Court to understand their resources, their funding, and how any change would both directly impact cases on the criminal dockets and indirectly impact cases on other dockets through the diversion of resources. Given the import of this change, we would encourage the Council to seek testimony on this proposal from D.C. Superior Court. Under non-pandemic court operations, there are approximately 3 to 5 misdemeanor cases scheduled for trial every day in each of the 6 general misdemeanor courtrooms, and approximately 2 trials a day in each of the 2 domestic violence misdemeanor courtrooms (that is, roughly 110 to 170 misdemeanor trials per week). By contrast, there is approximately 1 felony case scheduled for trial every day in each of the 8 felony courtrooms (that is, roughly 40 trials per week), and approximately 1 felony case scheduled for trial per week for the 4 to 5 calendars that handle the most serious felony cases (including sexual abuse and murder). Creating new rights to demand a jury in misdemeanor cases will strain both court and prosecutorial resources. Jury trials typically take longer to complete than bench trials, and must be scheduled farther in advance than bench trials. Consequently, creating additional misdemeanor jury trials would require more judges, more jurors (which would result in D.C. residents being called for jury duty more frequently), and additional prosecutorial resources. Further, felony cases—especially felony cases involving a detained defendant—are typically prioritized for trials in the court system, so it will likely take longer for misdemeanor cases to go to trial. This may result in delayed justice for victims, as victims will invariably need to wait longer for cases to resolve at trial, even in relatively straightforward misdemeanor cases. To our knowledge, no one has begun to analyze what it would take to create the infrastructure to handle a two-to-four-fold increase in the number of scheduled jury trials, what constraints exist that are beyond the District’s control (such as the current size of Superior Court), and what delays in justice could ensue from all of these changes. Given the consequences involved, these issues should be analyzed and discussed before any action is taken.
Deferred Dispositions for Misdemeanors
The RCCA proposes that, for every misdemeanor, when a defendant is found guilty of the offense, the court may defer further proceedings and place a defendant on probation before judgment for a period not to exceed one year. Under the proposal, if the defendant does not violate any of the conditions of probation, the court “shall” dismiss the proceedings. Following a dismissal, the defendant may move to seal the arrest and court proceedings. See RCCA § 22A-602(c).
We support the desire to expand diversion for low-level offenses, in recognition that a conviction may not be the most fair and just result in all cases. Consistent with that recognition, we have been working to expand our pre-trial diversion program with the goal of maximizing public safety, reducing recidivism, and enhancing a fair and efficient criminal justice system. The RCCA proposal, however, would allow judicially crafted diversion after a trial or guilty plea for all misdemeanor offenses—including the most serious misdemeanor offenses, such as certain sex offenses involving adult and child victims, domestic violence, stalking, and voyeurism. To guide our diversion, we have detailed internal guidelines for which defendants are eligible for these diversions (which helps ensure similarly situated defendants are treated the same) and the types of diversion opportunities that should be available for a particular defendant. In short, we have a standardized system for identifying defendants who could benefit from diversion and then offering them the most appropriate diversion opportunity. By contrast, there have been no developed guidelines regarding the implementation of judicially led diversion, including what types of diversion may be most appropriate for a particular defendant or case. We want to ensure that our pre-trial diversion program is robust, allowing for the most appropriate plea agreement or diversion opportunity, and creating consistency between cases; this proposal may undermine our ability to accomplish that goal.
Universal Second Look
The RCCA proposes expanding the Second Look (also known as IRAA/Incarceration Reduction Amendment Act) provisions to allow any person—regardless of their age at the time of the offense—to petition the court for review of their sentence after the person has been incarcerated for 15 years. See RCCA Amendments to D.C. Code § 24-403.03.
We recommend that the Council delay consideration of this proposal. We recognize that the goal of a sentencing review mechanism is to offer second chances, and to ensure that people who have served their time have opportunities for rehabilitation and reentry. This proposal, however, would expand second look review from current law, which was significantly expanded by the Council earlier this year. Based on data obtained from the Federal Bureau of Prisons (BOP) this past summer, there are currently 460 people in the custody of BOP who became immediately eligible to apply for a sentence reduction as a result of the recently enacted Second Look Act, which allowed a person who was between 18 and 24 years old at the time they committed an offense and who has served 15 years’ incarceration to move for release. Expanding the current IRAA to permit a universal second look would allow an additional 335 individuals in the custody of BOP who were 25 or older at the time of their offense and have served 15 years’ incarceration to immediately move for release. Given that this pool of eligible individuals was so recently expanded, we encourage the Council to delay further consideration of any additional expansion. Before any additional expansion, we should review the impacts of this expansion, including offenses—particularly violent offenses—committed by people released under this provision, the impact that this expansion has had on victims and their families, the supports available to assist victims with navigating this process, and the supports available to assist individuals released under this provision with reentry and reintegration to society.
Concerns with Substantive Criminal Law Proposals Under the Revised Criminal Code Act
Burglary Penalties
The RCCA proposes creating three gradations of Burglary. First Degree Burglary—which requires that a victim directly perceive the defendant inside a dwelling—would be punishable by a maximum of 4 years’ incarceration, and Enhanced First Degree Burglary—committed with a firearm or dangerous weapon—would be punishable by a maximum of 8 years’ incarceration.[1] See RCCA § 22A-3801.
However, the RCCA’s proposed maximum penalties for First Degree Burglary and Enhanced First Degree Burglary do not adequately account for the harms and trauma that can be incurred by what is, in essence, a home invasion. A statutory maximum does not represent the legislature’s sense of what the minimum amount, or even average amount, of punishment associated with a crime should entail. Rather, a statutory maximum—by definition—reflects the legislature’s belief as to what a person should be sentenced to for committing the worst possible version of that offense. Homes are where people live, where they keep their children safe, where they store their most valuable and sentimental possessions, and where they feel most secure. A burglary can shatter this sense of security, sometimes irrevocably. The maximum penalty for this crime, therefore, should recognize that a burglary violates the sanctity of the home, and the maximum penalty should be increased so that it is commensurate with the harms that can be caused by this type of invasion. Notably, the District’s Sentencing Guidelines categorize First Degree Burglary as a Group 5 offense—a person convicted of this offense with the lowest criminal history would face a guideline range of between 3 and 7 years in prison; a person convicted of this offense with the highest criminal history would face a guideline range of 7 years or more in prison. The Guidelines categorize First Degree Burglary While Armed as a Group 3 offense—a person convicted of this offense with the lowest criminal history would face a guideline range of between 7.5 and 15 years in prison; a person convicted of this offense with the highest criminal history would face a guideline range of 11.5 years or more in prison. The RCCA proposal represents an unwarranted departure.
Robbery and Carjacking Penalties
The RCCA proposes creating three gradations of Robbery, depending on the level of bodily injury suffered by the victim, and the type of property that was involved. A robbery that did not result in serious or significant bodily injury, and where the property taken was valued at less than $5,000, would be categorized as Third Degree Robbery, with a statutory maximum of 2 years’ incarceration. Committing this offense while armed with a firearm would be categorized as Enhanced Third Degree Robbery, with a statutory maximum of 4 years’ incarceration, with a higher maximum penalty if the firearm actually caused bodily injury to the victim. The RCCA also proposes subsuming the offense of Carjacking into Robbery. Unarmed Carjacking would be categorized as Second Degree Robbery, with a statutory maximum of 4 years’ incarceration, and Armed Carjacking would be categorized as Enhanced Second Degree Robbery, with a statutory maximum of 8 years’ incarceration. See RCCA § 22A-2201.
While we could support reductions in the maximum penalties for these offenses, the proposed reductions are simply too great. The maximum penalty for Carjacking should recognize that Carjacking is akin to burglary in some ways, as it may involve a traumatic intrusion into a person’s personal and presumed secure space.[2] It also results in the loss of what is often a much more significant asset than is lost in another form of robbery. Further, the proposed maximum penalties for Robbery and Enhanced Robbery are insufficient to account for the harms that can be incurred in a robbery, particularly where the robbery is committed while armed with a dangerous weapon. For example, under the RCCA proposal, both a defendant who held a gun to a victim’s head and threatened to kill the victim in connection with a robbery and a defendant who fired a gun indiscriminately at a victim, but did not hit the victim because of bad aim, could each be sentenced to a maximum of 4 years’ incarceration for that offense. A maximum possible sentence of 4 years’ incarceration would be woefully inadequate for such conduct. Notably, the District’s Sentencing Guidelines categorize Robbery as a Group 6 offense—a person convicted of this offense with the lowest criminal history would face a guideline range of between 1.5 and 5 years; a person convicted of this offense with the highest criminal history would face a guideline range of 3.5 years or more in prison. The Guidelines categorize Armed Robbery as a Group 5 offense—a person convicted of this offense with the lowest criminal history would face a guideline range of between 3 and 7 years in prison; a person convicted of this offense with the highest criminal history would face a guideline range of 7 years or more in prison. The RCCA’s proposed departure is unwarranted.
Felony Murder
The RCCA proposes eliminating accomplice liability for felony murder. See RCCA § 22A-2101(g). The RCCA also proposes requiring that, for felony murder, the lethal act be committed “in the course of and in furtherance of committing or attempting to commit” the predicate offense, and proposes limiting the predicate offenses for felony murder from current law, including eliminating certain types of child physical abuse and other serious crimes as potential predicates for a felony murder conviction. See RCCA § 22A-2101(b)(3).
However, we recommend that, with respect to accomplice liability, the Council adopt a compromise position, and create an affirmative defense to felony murder. Under this affirmative defense, a defendant would not be liable for felony murder if the defendant could prove that they did not commit the lethal act, and either believed no participant in the predicate felony offense intended to cause death or serious bodily injury, or made reasonable efforts to prevent another participant from causing the death or serious bodily injury of another. Notably, creating such an affirmative defense is consistent with a previous recommendation of the CCRC. This compromise position recognizes that accomplice liability for felony murder is necessary in many situations because, even where it is possible to prove the identity of the perpetrators of the offense, it is often not possible to identify the specific offender who “commit[ed] the lethal act.” Without some form of accomplice liability, crimes committed by multiple perpetrators would escape felony murder liability, while the same offense committed by a single perpetrator could result in felony murder liability. For example, a gang rape perpetrated by two or more individuals that resulted in the victim’s death may result in no liability for murder, as it may not be possible to determine which defendant committed the lethal act. A father and mother both systematically abusing their child, resulting in the child’s death, may result in no liability for murder. Where two individuals fire gunshots at a victim at the same time in the course of an armed robbery or carjacking, and it is impossible to prove which bullet caused the victim’s death, there may be no liability for murder. These examples show the necessity of accomplice liability for felony murder in situations where its absence would otherwise mean that neither person responsible for killing someone in the course of what is an inherently dangerous and violent offense is held accountable for murder. In murder cases, unlike for other offenses, the murdered victim cannot provide any information about what happened during the offense. By altering liability for accomplices under a felony murder theory, the RCCA proposal would effectively remove murder liability for certain felony murders committed by groups of perpetrators. Indeed, the more people who commit the predicate offense together, the less likely it would be that liability could attach for felony murder.
Defense to Child Sexual Abuse
The RCCA proposes departing from long-standing District law that mistake of age is not a legal defense to child sexual abuse,[3] and creating an affirmative defense to felony child sexual abuse where: (1) the victim is 14 or 15 years old (or 16 or 17, in the case of sexual abuse by a person in a position of trust or authority); (2) the defendant reasonably believes the victim is 16 or older (or 18 or older, in the case of sexual abuse by a person in a position of trust or authority); and (3) the reasonable belief is based on an oral or written statement that the victim made to the defendant about the victim’s age. See RCCA § 22A-2302(g)(2)-(3). For less severe forms of child sexual abuse, the government would be required to prove, as an element, that the defendant was reckless as to the victim’s age. See RCCA § 22A-2304(a)(1)(A) (Sexually suggestive conduct with a minor); RCCA § 22A-2305(a)(2)(A) (Enticing a minor into sexual conduct); RCCA § 22A-2306(a)(2) (Arranging for sexual conduct with a minor or person incapable of consenting).
However, because this defense would allow for the introduction of evidence regarding the defendant’s objectively “reasonable belief” as to the age of the victim, the existence of this defense could, practically, create a legally sanctioned justification for the defense to introduce evidence that would otherwise have no probative value at trial. For example, to show an objectively “reasonable belief,” the defendant may seek to elicit testimony relating to the child victim’s appearance, including the child victim’s physical development, maturity, and clothing, or photos of how the child victim presents themselves on social media. This testimony would be elicited to show why the victim appeared to be older than the victim’s true age. Allowing evidence of the defendant’s “reasonable belief” would allow this type of demeaning and humiliating evidence to be deemed probative and, thus, admissible at trial. If this proposal goes into effect, a defendant may also seek to introduce evidence currently precluded by the Rape Shield Law[4] regarding the victim’s prior sexual behavior to validate their “reasonable belief” that the child victim was of consenting age. Such evidence could include, for example, the victim’s known history of engaging in sexual acts with adults, prior pregnancies or births, involvement in prostitution and/or other sexually related behavior of an adult nature that suggested to the defendant that the victim was of a legally mature age. This evidence is the exact type that exposes the extremely intimate life of the victim (and here, a child victim) that the Rape Shield Law was specifically designed to exclude except in the most unusual cases where the probative value of the evidence is precisely demonstrated. We account for compelling fact patterns in exercising our charging discretion, where—despite the strict liability for this offense—a person may have reasonably believed that the victim was not underage. Allowing for this legal defense, however, may permit the defendant to elicit evidence at trial in a manner that is inappropriate, unnecessarily humiliating for the sexual assault victim, and directly contrary to the compelling policy reasons behind the Rape Shield Law.[5]
Requirement that Certain Sexual Conduct Have a “Sexual” Intent
The RCCA proposes adding the modifier “sexually” to certain conduct before it can constitute a “sexual act” or “sexual contact,” such that certain behavior would only constitute a sexual offense if the defendant has a “sexual” intent. See RCCA §§ 22A-101(118)(c), 22A-101(119)(B)(ii).[6]
However, adding the modifier “sexually” would constitute an ill-advised change from current law, as it would unduly limit situations where the defendant’s conduct should qualify as a sexual act or sexual contact. Sexual violence can be about power and control, not sex or sexual gratification. When committing a sexual offense, a defendant may be motivated by a desire to be violent or to assert power over a victim, not necessarily to be sexually aroused. For example, if, at a fraternity or sorority hazing, a defendant publicly penetrated another person with an object, the defendant may not have been acting with a sexual desire, but may have been acting with an intent to abuse, humiliate, harass, or degrade the victim. This would and should constitute a sexual offense. Further, even where a victim clearly experiences a sexual violation, it is often difficult, if not impossible, to prove that a defendant committed the offense for a sexual reason. For example, if a defendant grabs the vagina, breast, or buttocks of a stranger, that victim likely will feel sexually violated, and the conduct should constitute a sexual offense. Absent evidence of the defendant having an erection or outwardly manifesting sexual pleasure through words or actions—which is rare in many cases, particularly those involving sudden, brief, sexual assaults of strangers—the government may not be able to prove that the defendant’s actions were sexually arousing or gratifying. The government, however, would be able to show that, at a minimum, the defendant intended to humiliate, degrade, or harass the victim.
Mandatory Minimums
The RCCA proposes eliminating all mandatory minimum sentences from the D.C. Code. See RCCA § 22A-603. While we recognize and agree with the desire to reduce the number of mandatory minimums, we cannot support eliminating them all, and argue that two in particular should remain in light of their direct relation to serious violent crime. First, the 30-year mandatory minimum sentence for premeditated First Degree Murder should be maintained. District law has long provided for a minimum sentence for First Degree Murder, an offense that is uniformly viewed as the most serious offense. Every state has some mandatory minimum for First Degree Murder, and the concern that a mandatory minimum sentence may lead to a disproportionately harsh sentence for a less serious offense does not apply to First Degree Murder. Second, the 5-year mandatory minimum for committing a crime of violence while armed with a firearm should be maintained. Under the RCCA’s proposed structure, a 5-year mandatory minimum sentence should attach to an enhancement that involves a dangerous weapon or imitation dangerous weapon, where: (1) the underlying offense is a crime of violence; and (2) the weapon involved was a firearm or imitation firearm. This would attach a mandatory minimum to offenses such as armed carjacking, armed sexual assault, armed robbery, and armed kidnapping, but would not extend a mandatory minimum to drug-related offenses. The presence of any firearm is inherently dangerous and can create a significant risk of violence—including a risk of violence to both intended and unintended victims—and the presence of that firearm during a crime of violence necessitates a proportionate sentence. A minimum sentence reflects the community and the legislature’s sense that committing a crime of violence while armed is unacceptable by community standards, and will be penalized accordingly.
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USAO-DC is committed to continuously seeking to improve the criminal law and the criminal justice system in the District, and looks forward to continuing to engage the Council and the community in a discussion of how to make our criminal law more fair and just for all.
[1] Because the RCCA proposes removing the requirement in current law that, at the time of sentencing, a period of incarceration be reserved as back-up time under D.C. Code § 24-403.01(b-1), these RCCA maximum penalties correspond to maximums of 5 years’ and 10 years’ incarceration, respectively, under current law.
[2] See, e.g., Dan Morse and Luz Lazo, With Carjackings on the Rise, this Trio of Fed-Up Strangers Intervened, Washington Post (December 4, 2021) (“For victims, the suddenness of being carjacked can extend out the trauma. One moment, they’re in their car—something often associated with contentment, whether it’s listening to music or smelling a fresh coffee nestled in the cup holder—the next moment there’s a gun or knife stuck in their face, said Christopher Herrmann, an assistant professor at the John Jay College of Criminal Justice in New York. ‘It’s just as bad, really, as an armed person coming into your house,’ Herrmann said. In Montgomery County, victims’ advocate Greg Wims has worked with carjacking survivors for nearly 30 years. It can take days or weeks to fully realize the danger they went through. ‘Then the thought really hits: I was almost killed over my car,’ said Wims, founder of the Victims’ Rights Foundation.”).
[3] See D.C. Code § 22-3011(a).
[4] See D.C. Code §§ 22-3021, 3022.
[5] See Scott v. United States, 953 A.2d 1082, 1089 (D.C. 2008) (the purpose of the Rape Shield Law is to “safeguard against unwarned invasions of privacy” and “to exclude legally irrelevant evidence that may distract the jury or lead it to discount the complainant’s injury because of societal stereotypes and prejudices”).
[6] Under the RCCA proposal, a “sexual act” would include: “Penetration, however slight, of the anus or vulva of any person by any body part or by any object, with the desire to sexually abuse, humiliate, harass, degrade, arouse, or gratify any person, or at the direction of someone with such a desire” (emphasis added). RCCA §§ 22A-101(118)(c). A “sexual contact” would include: “Touching of the clothed or unclothed genitalia, anus, groin, breast, inner thigh, or buttocks of any person: (i) With any clothed or unclothed body part or any object, either directly or through the clothing; and (ii) With the desire to sexually abuse, humiliate, harass, degrade, arouse, or gratify any person, or at the direction of someone with such a desire” (emphasis added). RCCA § 22A-101(119)(B)(ii).
Two Men Sentenced for Their Role in the Attempted Murder of Federal AgentsRead the Press Release
DETROIT - Two men have been sentenced for their role in the Attempted Murder of Federal Agents, announced Acting United States Attorney Saima Mohsin.
Mohsin was joined in the announcement by Keith Krolczyk, Acting Special Agent in Charge of the Detroit Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Kevin Keshawn Young, a/k/a “Gucci,” 24, of Detroit, was sentenced to 180 months in federal prison and Aaron Marquis Shooks, a/k/a “Boogey,” 23, of Detroit, was sentenced to 151 months in federal prison. Both pleaded guilty to Attempted Murder of Federal Agents before United States District Court Judge Sean F. Cox on August 4, 2021, for their roles in shooting at two ATF agents on April 15, 2019, on Detroit’s east side.
According to court records, Defendant Aaron Shooks and other members/associates of a gang known as the OES 187 Head Hunters (“OES”) were involved in two shootings. The first was a shootout in front of St. John’s Hospital, which was part of an ongoing, violent feud between OES and a gang known as Block Squad. Shortly after, Shooks, who was driving, went to pick up more people. After getting back on the road, one of the passengers—Defendant Kevin Young—got out of the car and fired eleven shots at ATF agents in an unmarked vehicle who were investigating other gang activity. Young claimed he thought he was shooting at rival gang members rather than law enforcement.
“Every day our law enforcement officers put their lives on the line and risk personal injury to protect our citizens from senseless violence,” said Acting United States Attorney Saima Mohsin. “When officers or agents are assaulted while performing those duties, the perpetrators can expect that every resource of this office will be used to prosecute them to the fullest extent of the law, and to seek justice.”
“Our special agents and other law enforcement officers risk their personal safety everyday doing their job, protecting the public and enforcing the law, to make our community safe. We are proud of them and their unrelenting professionalism.” commented ATF Acting Special Agent in Charge Keith Krolczyk Detroit Field Division. “We continue to be thankful to United States Attorney’s office for their partnership in the fight against violent offenders.”
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorneys Alyse Wu, Eric Straus and Robert Moran prosecuted the case.
Two Florida Men Plead Guilty to $35 Million COVID-19 Relief Fraud SchemeRead the Press Release
Two Florida men pleaded guilty this week in the Northern District of Ohio for leading a nationwide scheme to fraudulently obtain over $35 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, James R. Stote, 55, of Hollywood, and Phillip J. Augustin, 52, of Coral Springs, conspired to obtain millions of dollars in fraudulent PPP loans. Augustin and Stote obtained a fraudulent PPP loan for Augustin’s company, Clear Vision Music Group LLC, using falsified documents. After submitting that application, Stote and Augustin immediately began working to obtain larger PPP loans for themselves and their associates. Stote and Augustin recruited additional PPP loan applicants and prepared and submitted fraudulent loan applications for them in exchange for a share of the loan proceeds. The applications they submitted for all of the loans in the scheme relied on fake payroll numbers, falsified IRS forms and phony bank statements. They submitted or facilitated at least 79 fraudulent loan applications worth at least $35 million and planned to submit more.
“These convictions, and the numerous convictions of others involved in this wide-ranging conspiracy, demonstrate that people will be held accountable for defrauding the PPP Program,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “Fraud against PPP programs directly harms taxpayers and undermine public trust in essential government support during the pandemic. We will continue to combat fraud and ensure that COVID-19 relief goes to those who deserve it.”
“While many businesses in our communities relied upon relief funds to keep their doors open and employees paid, these defendants profited off a scheme that stole millions of taxpayer dollars intended for struggling businesses and spent it lavishly on themselves,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “Theft of government funds will not be tolerated, and prosecuting PPP fraud remains a priority for law enforcement.”
Stote and Augustin each pleaded guilty to conspiracy to commit wire fraud. They are scheduled to be sentenced at a later date and each face a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
In addition, Diamond Smith, 37, of Miramar, was sentenced today to 20 months after pleading guilty on Aug. 4 in the Southern District of Florida to conspiracy to commit wire fraud. Smith, a recording artist, admitted to obtaining a PPP loan of $426,717 for his company, Throwbackjersey.com LLC, using falsified documents and false information. Upon completion of that loan, Smith then sought and obtained another PPP loan of $708,065 for his other company, Blue Star Records LLC, using falsified documents and false information. Smith admitted to using PPP loan proceeds at the Seminole Hard Rock Hotel and Casino and on luxury items, including a Ferrari. Authorities seized the Ferrari at the time of Smith’s arrest. Smith further admitted that he paid more than $250,000 to Stote and Augustin as kickbacks for their assistance in preparing and submitting the fraudulent loan applications. Smith was ordered to pay $1,111345.23 in restitution and $1,134,782 in forfeiture in addition to his term of imprisonment.
“When the Paycheck Protection Program was implemented over one year ago, our Office committed to protecting South Floridians from those trying to exploit the Covid-19 pandemic,” said U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “Our work is not done. We will continue to hold accountable those who wrongfully obtain funds intended to help struggling small businesses survive the current health and economic crisis.”
“From submitting false documentation to recruiting other individuals, the defendants went to great lengths to defraud the Paycheck Protection Program of millions of dollars,” said Special Agent in Charge Bryant Jackson of IRS Criminal Investigation (IRS-CI), Cincinnati Field Office. “IRS-CI will continue to work with our law enforcement partners to hold those accountable that defraud programs designed to help struggling Americans and businesses.”
“This sentencing serves as a deterrent to anyone who would commit fraud targeting COVID-19 relief programs,” said Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division. “Programs like these were created to help individuals during a pandemic, not for fraudsters to take advantage for personal gain. The FBI will continue to pursue criminal actors who engage in this activity.”
“Conspiring to fraudulently use SBA program funds is unacceptable,” said Special Agent in Charge Sharon Johnson of the SBA Office of Inspector General’s (SBA-OIG) Central Region. “OIG will aggressively root out fraud to protect the integrity of SBA’s programs, which are intended to provide vital assistance to the nation’s small businesses. I want to thank the Department of Justice and our law enforcement partners for their dedication and commitment to seeing justice served.”
In total, 25 people have been charged for their participation in this scheme in the Northern District of Ohio, Southern District of Florida and Middle District of North Carolina. To date, 20 of those defendants have been convicted.
The IRS-CI, FBI and SBA-OIG are investigating the cases.
Trial Attorney Philip Trout of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Elliot Morrison of the Northern District of Ohio and David Turken and Aimee Jimenez of the Southern District of Florida are prosecuting the cases.
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.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Three Middlesex County Individuals Charged with $2.1 Million in Paycheck Protection Program Fraud and Economic Injury Disaster Loan Fraud SchemesRead the Press Release
NEWARK, N.J. – Three Middlesex County, New Jersey, residents were arrested today for their roles in fraudulently obtaining over $2.1 million in federal Paycheck Protection Program (PPP) loans and Economic Injury Disaster Loans (EIDL), U.S. Attorney Philip R. Sellinger announced.
Arlen G. Encarnacion, 35, of Perth Amboy, New Jersey, is charged by complaint with 11 counts of bank fraud, three counts of wire fraud, and two counts of money laundering. Kent Encarnacion, 28, of Perth Amboy, is charged by separate complaint with one count of bank fraud and two counts of money laundering. Jacquelyn Pena, 36, of Perth Amboy, is charged by separate complaint with three counts of bank fraud and two counts of money laundering. They are all scheduled to have their initial appearances by videoconference this afternoon before U.S. Magistrate District Judge Leda Dunn Wettre.
According to documents filed in these cases and statements made in court:
Arlen G. Encarnacion submitted 11 fraudulent PPP loan applications to two different lenders on behalf of nine purported businesses and three fraudulent EIDL applications to the Small Business Association (SBA) on behalf of three purported businesses. Kent Encarnacion submitted one fraudulent PPP loan application on behalf of a purported business to one lender and Jacquelyn Pena submitted three fraudulent PPP loan applications to two different lenders on behalf of three purported businesses.
The Coronavirus Aid, Relief, and Economic Security (CARES) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of up to $349 billion in forgivable loans to small businesses for job retention and certain other expenses, through the PPP. In April 2020, Congress authorized over $300 billion in additional PPP funding.
The PPP allows qualifying small businesses and other organizations to receive loans with a maturity of two years and an interest rate of 1 percent. PPP loan proceeds must be used by businesses on payroll costs, interest on mortgages, rent, and utilities. The PPP allows the interest and principal on the PPP loan to be forgiven if the business spends the loan proceeds on these expense items within a designated period of time after receiving the proceeds and uses at least a certain percentage of the PPP loan proceeds on payroll expenses.
The applications the defendants each submitted allegedly contained fraudulent representations to the participating lenders and the SBA, including bogus federal tax return documentation. The defendants also each fabricated the existence of employees and the wages paid to the non-existent employees through the purported businesses. According to Social Security Administration records, there were no Forms W-3, Transmittal or Wage and Tax Statements, nor Forms W-2, Wage and Tax Statements processed for any of the defendants’ entities between 2018 and 2020.
Based on the defendants’ alleged misrepresentations, the lenders and the SBA approved the defendants’ PPP loan and EIDL applications and provided their purported businesses with approximately $2.1 million in federal COVID-19 emergency relief funds meant for distressed small businesses. Of this amount, Arlen G. Encarnacion received approximately $1.69 million, Kent Encarnacion approximately $156,000, and Jacquelyn Pena approximately $335,000. The defendants then transferred a substantial portion of the proceeds, including in connection with Jacquelyn Pena’s purchase of real estate and Arlen G. Encarnacion’s purchase of a luxury Lamborghini SUV.
Each count of bank fraud charged in the complaints carries a maximum penalty of 30 years in prison and a $1 million fine; each count of wire fraud carries a maximum penalty of 20 years; and each count of money laundering carries a maximum penalty of 10 years in prison. Both the wire fraud and money laundering counts carry a maximum fine of $250,000 or twice the gross gain to the defendant or gross loss to the victim, whichever is greatest.
U.S. Attorney Sellinger credited postal inspectors of U.S. Postal Inspection Service, Newark Division, under the direction of Acting Inspector in Charge Raimundo Marrero; special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; special agents of the U.S. Attorney’s Office for the District of New Jersey, under the direction of Special Agent in Charge Thomas Mahoney; special agents of the Social Security Administration – Office of the Inspector General, New York Field Division, under the direction of Special Agent in Charge John Grasso; special agents of the Federal Housing Finance Agency – Office of Inspector General, under the direction of Special Agent in Charge Robert Manchak; special agents of the Board of Governors of the Federal Reserve System and the Consumer Financial Protection Bureau – Office of Inspector General, under the direction of Acting Special Agent in Charge Stephen Donnelly; special agents of the Federal Deposit Insurance Corporation – Office of the Inspector General, under the direction of Special Agent in Charge Patricia Tarasca in New York; and special agents of the U.S. Department of Homeland Security – Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark, with the investigation leading to the charges. He also thanked the Middlesex County Prosecutor’s Office and the Perth Amboy Police Department for their assistance.
The government is represented by Assistant U.S. Attorneys Mark C. Orlowski and Olajide A. Araromi of the U.S. Attorney’s Office’s Government Fraud Unit in Newark.
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 Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The charges and allegations contained in the complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Three Men Facing Federal Indictment for a Murder-For-Hire Conspiracy and Related ChargesRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Daquante Thomas, a/k/a “Glock,” age 19, of Baltimore, Maryland; Jourdain Larose, a/k/a “JBlacc,” age 26, of Ellicott City, Maryland, and Tyrik Braxton, a/k/a “Son-Son,” age 25, of Baltimore, Maryland, for a federal murder-for-hire conspiracy, use of interstate commerce facilities in the commission of a murder-for hire, and use and discharge of a firearm during a crime of violence resulting in death. The indictment was returned on December 15, 2021. The defendants are expected to have initial appearances at a later date in U.S. District Court in Baltimore.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Acting Special Agent in Charge LC. Cheeks, Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; Chief Lisa Myers of the Howard County Police Department; and Howard County State’s Attorney Rich Gibson
According to the indictment, Larose was a member of the Crips street gang and trafficked in controlled substances. As detailed in the indictment, Larose accused Juan Ross, age 23, of Columbia, Maryland, of cooperating with law enforcement, including on a live social media conversation on September 9, 2020, and in text message. Juan Ross was arrested on drug and weapon charges on September 5, 2020, but was released on bail after being interviewed by police. On October 4, 2020, Juan Ross was shot and killed in the area of Basket Ring Road in Columbia, sustaining multiple gunshot wounds to the head.
The five-count indictment alleges that Larose solicited others to kill Juan Ross and that Thomas and Braxton accepted payment from Larose to commit the murder. As detailed in the indictment, the defendants allegedly used interstate commerce facilities, specifically cellular telephones and a vehicle, in the commission of the murder-for-hire.
Larose allegedly provided a gun to a conspirator on September 12, 2020, for the purpose of killing John Ross. Prior to October 4, 2020, when the conspirator had not committed the murder yet, the indictment alleges that Larose solicited Braxton to commit the murder instead. Braxton then allegedly enlisted Thomas and Conspirator 2 to kill Juan Ross for Larose.
According to the indictment, on October 4, 2020, after text messaging each other about the address where they could find the victim, Braxton, Thomas, and Conspirator 2 drove to the area of Basket Ring Court in Columbia to locate Juan Ross, then drove to a drug store nearby. A short time later, Thomas and Conspirator returned to the area of Basket Ring Court, shot and killed Juan Ross and drove away together.
A few hours later, Braxton allegedly texted Larose that he had something important to discuss, and Larose told Braxton to Facetime him. As detailed in the indictment, on October 7, 2020, Braxton texted Larose, “It’s going to be hot as sh** out here” to which Larose responded, “It already is bro.”
If convicted, the defendants face a maximum sentence of life in prison for use and discharge of a firearm resulting in death, for the murder-for-hire conspiracy, and for use of interstate commerce facilities in the commission of murder-for-hire. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) 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 is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF, the Howard County Police Department, and the Howard County State’s Attorney’s Office for their work in the investigation and prosecution and thanked the FBI, the Maryland State Police, the Anne Arundel County Police Department, the Baltimore County Police Department, and the Baltimore Police Department for their assistance. Mr. Barron thanked Assistant U.S. Attorneys Kim Y. Oldham and Lindsey N. McCulley, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Texas Woman Sentenced for Conspiring to Stage Automobile Accidents in Order to Defraud Insurance and Trucking CompaniesRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced GENETTA ISREAL (“ISREAL”), age 53, of Houston, Texas, was sentenced today for Conspiracy to Commit Wire Fraud, in violation of Title 18, United States Code, Section 371, arising out of staged automobile accidents with tractor-trailers occurring in New Orleans. Thus far, twenty-nine (29) of the thirty-three (33) indicted defendants have tendered guilty pleas in federal court.
According to documents filed in federal court, Damian Labeaud (“Labeaud”), Mario Solomon (“Solomon”), Larry Williams (“Williams”), and ISREAL were charged with staging an accident on June 12, 2017, occurring on Chef Menteur Highway near the Danziger Bridge in New Orleans. Labeaud and Williams planned to stage an automobile accident to obtain money through fraud. During their planning, Labeaud told Williams that he had an attorney, Daniel Patrick Keating (“Keating”), who has been identified in other documents filed in federal court, who would handle everything. Williams recruited ISREAL and another individual (now deceased) to participate in the fraudulent scheme. Williams borrowed a Chevrolet Trailblazer, and Labeaud operated the Trailblazer to collide with a 2015 Peterbilt tractor-trailer. After the staged accident, Labeaud fled the scene and Williams got behind the wheel to make it appear that he was operating the Trailblazer during the staged accident. Solomon picked up Labeaud after the staged accident. Williams told the New Orleans Police Department (“NOPD”) that he was the driver of the Trailblazer and that the tractor-trailer was at fault. After the staged accident, Labeaud introduced Williams and ISREAL to Keating.
Williams and ISREAL were treated by doctors and healthcare providers at the direction of Keating. On June 12, 2018, Keating’s firm filed the Larry Williams Lawsuit in Civil District Court (“CDC”) for the Parish of Orleans and on September 14, 2018, Keating’s firm demanded approximately $60,000.00 in settlement for the deceased passenger and approximately $56,155.00 in settlement for ISREAL. After the suit was filed, Williams and ISREAL each provided false testimony in depositions taken in conjunction with the lawsuit filed by Keating’s firm.
U.S. District Judge Eldon Fallon sentenced ISREAL to three (3) years probation with the first six (6) months to be served under home incarceration. In addition, ISREAL was ordered to pay restitution in the amount of $28,816.64 and a $100 mandatory special assessment fee.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit; Assistant U.S. Attorney Edward Rivera; Assistant U.S. Attorney Maria Carboni; and Assistant U.S. Attorney Brandon Long.
Tennessee Nurse Practitioner Arrested for Unlawfully Distributing Prescription OpioidsRead the Press Release
Memphis, TN – A Tennessee nurse practitioner was arrested today for allegedly distributing prescription drugs unlawfully from the medical clinic she owned and operated.
According to court documents, Kelly McCallum, 39, of Dyersburg, unlawfully prescribed controlled substances, including oxycodone and hydrocodone, at the Convenient Care Clinic (Clinic). Over approximately four years, McCallum prescribed more than two million opioid pills and more than 900,000 pills containing benzodiazepines. McCallum is alleged to have provided prescriptions to individuals with whom she had close personal relationships, including individuals with whom she had sexual relationships. She is also alleged to have prescribed dangerous combinations of controlled substances to her patients and, when she was out of the office, left pre-signed prescriptions for staff to distribute controlled substances in her absence. McCallum also faces health care fraud charges for allegedly billing TennCare and Medicare for fraudulent office visits on days that she was away from the Clinic.
McCallum is charged with maintaining a drug-involved premises, unlawful distribution of controlled substances, and health care fraud. If convicted, McCallum faces a maximum penalty of 20 years in prison for the drug charges, and a maximum of 10 years in prison for health care fraud. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Joseph C. Murphy of the Western District of Tennessee; Special Agent in Charge J. Todd Scott of the Drug Enforcement Administration’s (DEA) Louisville Division; Special Agent in Charge Douglas Korneski of the FBI Memphis Field Office; Special Agent in Charge Derrick L. Jackson of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) Atlanta Regional Office; and Special Agent in Charge Terry L. Reed Sr. of the Tennessee Bureau of Investigation (TBI) made the announcement.
The DEA, FBI, HHS-OIG, and TBI are investigating the case.
Assistant Chief Jillian Willis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Christie Hopper of the U.S. Attorney’s Office for the Western District of Tennessee are prosecuting the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 90 defendants who are collectively responsible for distributing more than 105 million pills. The ARPO Strike Force is part of the Health Care Fraud Strike Force Program, which since March 2007 has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
indictment
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Tennessee Nurse Practitioner Arrested for Unlawfully Distributing Prescription OpioidsRead the Press Release
A Tennessee nurse practitioner was arrested today for allegedly distributing prescription drugs unlawfully from the medical clinic she owned and operated.
According to court documents, Kelly McCallum, 39, of Dyersburg, unlawfully prescribed controlled substances, including oxycodone and hydrocodone, at the Convenient Care Clinic (Clinic). Over approximately four years, McCallum prescribed more than two million opioid pills and more than 900,000 pills containing benzodiazepines. McCallum is alleged to have provided prescriptions to individuals with whom she had close personal relationships, including individuals with whom she had sexual relationships. She is also alleged to have prescribed dangerous combinations of controlled substances to her patients and, when she was out of the office, left pre-signed prescriptions for staff to distribute controlled substances in her absence. McCallum also faces health care fraud charges for allegedly billing TennCare and Medicare for fraudulent office visits on days that she was away from the Clinic.
McCallum is charged with maintaining a drug-involved premises, unlawful distribution of controlled substances, and health care fraud. If convicted, McCallum faces a maximum penalty of 20 years in prison for the drug charges, and a maximum of 10 years in prison for health care fraud. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Joseph C. Murphy of the Western District of Tennessee; Special Agent in Charge J. Todd Scott of the Drug Enforcement Administration’s (DEA) Louisville Division; Acting Assistant Director Jay Greenberg of the FBI’s Criminal Investigative Division; Special Agent in Charge Douglas Korneski of the FBI Memphis Field Office; Special Agent in Charge Derrick L. Jackson of the Department of Health and Human Services Office of the Inspector General (HHS-OIG) Atlanta Regional Office; and Special Agent in Charge Terry L. Reed Sr. of the Tennessee Bureau of Investigation (TBI) made the announcement.
The DEA, FBI, HHS-OIG and TBI are investigating the case.
Assistant Chief Jillian Willis of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Christie Hopper of the U.S. Attorney’s Office for the Western District of Tennessee are prosecuting the case.
The Fraud Section leads the Appalachian Regional Prescription Opioid (ARPO) Strike Force. Since its inception in October 2018, the ARPO Strike Force, which operates in 10 districts, has charged more than 90 defendants who are collectively responsible for distributing more than 105 million pills. The ARPO Strike Force is part of the Health Care Fraud Strike Force Program, which since March 2007 has charged more than 4,200 defendants who collectively have billed the Medicare program for more than $19 billion. In addition, the Centers for Medicare & Medicaid Services, working in conjunction with the Office of the Inspector General for the Department of Health and Human Services, are taking steps to hold providers accountable for their involvement in health care fraud schemes. More information can be found at: https://www.justice.gov/criminal-fraud/health-care-fraud-unit.
Taylorsville Woman Charged with Making False Statements to Obtain Millions of Dollars in PPP Loans.Read the Press Release
SALT LAKE CITY – Allison Marie Baver, 41, of Taylorsville, has been charged with nine federal criminal counts related to making false statements on loan applications to obtain funds obtained through the Small Business Administration’s Paycheck Protection Program (PPP). In the indictment, Baver is charged with eight counts of making a false statement to a bank and one count of money laundering.
According to the allegations contained in the federal indictment, Baver is the listed owner and agent for Allison Baver Entertainment, LLC, and submitted eight PPP loan applications from April 13, 2020, through April 26, 2020 to Northeast Bank and Meridian Bank. In each of the loan applications, Baver allegedly sought 10 million dollars of PPP loan funding for her entertainment company. However, prosecutors allege that Baver falsely stated in each loan application that ABE’s average monthly payroll was between $4,000,000 to $4,769,583, when ABE had no average monthly payroll; and, that ABE had between 100 to 430 employees, when ABE had no employees. Prosecutors also allege that these false statements resulted in Baver fraudulently obtaining 10 million dollars in PPP loans from Meridian Bank, and that Baver accepted that money and transferred it to a separate bank account where she began using a portion of the funding to invest in a movie.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Assistant United States Attorneys are prosecuting the case and the FBI and the Small Business Administration Office of Inspector General are conducting the investigation.
Allegations are not findings of guilt and defendants are presumed innocent until proven guilty at trial.
Syracuse Man Sentenced to 84 Months for Drug CrimesRead the Press Release
SYRACUSE, NEW YORK – Waldemar Colon, age 45, of Syracuse, was sentenced yesterday to serve 84-months in federal prison for his convictions for conspiracy to distribute and possesses with intent to distribute heroin, fentanyl, and cocaine; and aiding and abetting the distribution of heroin and fentanyl, announced United States Attorney Carla B. Freedman, John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Ray Donovan, Special Agent in Charge of the U.S. Drug Enforcement Administration (DEA), and Chief Kenton Buckner, City of Syracuse Police Department.
Colon was also ordered to serve a 5-year term of supervised release following his prison sentence.
As part of his previous guilty plea, Colon admitted that he conspired with Luis Carrasquillo and Isidro De Los Santos to sell heroin mixed with fentanyl, and cocaine from De Los Santos’s apartment on Gifford Street in Syracuse as part of a conspiracy that existed from December 2018 through January 31, 2019. Colon also pled guilty to aiding and abetting the sale of a mixture of heroin and fentanyl on December 19, 2018.
On January 31, 2019, ATF Special Agents assisted by DEA and the Syracuse Police Department-Intelligence Unit executed a federal search warrant at Isidro De Los Santos’s residence and recovered over twenty-one ounces (608 grams) of heroin mixed with fentanyl in two packages. A federal search warrant executed at the adjacent apartment of another involved defendant, Anthony Moreno, on the same day resulted in the seizure of over 18 ounces (521grams) of cocaine.
Isidro De Los Santos pled guilty to conspiracy to distribute and possess with intent to distribute controlled substances, and distribution of controlled substances, and was sentenced on November 13, 2020 to serve a sentence of nine years (108 months) in prison, and a 5-year term of supervised release.
Anthony Moreno pled guilty to conspiracy to possess with intent to distribute controlled substances, and on November 17, 2020 was sentenced on to serve 51 months in prison, followed by a 5-year term of supervised release.
Luis Carrasquillo pled guilty to conspiracy to distribute and possess with intent to distribute controlled substances, and distribution of controlled substances, and was sentenced on November 4, 2021 to serve a sentence of 71 months in prison, and a 5-year term of supervised release.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Syracuse Police Department-Intelligence Section, and the United States Drug Enforcement Administration (DEA), and was prosecuted by Assistant U.S. Attorney Richard Southwick
Stockton Man Sentenced to 6.5 Years in Prison for Firearms TraffickingRead the Press Release
SACRAMENTO, Calif. — Johnnie Earl Ross III, 21, of Stockton, was sentenced Tuesday by United States District Judge John A. Mendez to 6.5 years in prison for conspiracy to deal firearms without a license and possession of an unregistered machine gun, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between Oct. 10, 2019, and Oct. 22, 2020, Ross and his co-conspirators sold at least 13 firearms to an undercover agent or confidential source on behalf of the Everybody Killa (EBK) street gang in Stockton. Many of the firearms were obtained out of state in Reno, Nevada, and some were obtained by a straw purchaser from federally licensed firearms dealers in Reno. One of the firearms was a Glock handgun with a switch that converted it to a fully automatic firearm.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; and the San Joaquin County Sheriff’s Office. Assistant U.S. Attorney David W. Spencer is prosecuting the case.
Charges remain pending against co-defendant Vin Whealen Gaines Jr. He is in custody and scheduled for a status hearing on Jan. 18. The charges against Gaines are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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 effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Statement of U.S. Attorney Erek L. Barron on the Ambush Shooting of Baltimore Police OfficerRead the Press Release
Baltimore, Maryland – Statement from United States Attorney for the District of Maryland Erek L. Barron:
“Today’s cowardly ambush shooting of a Baltimore Police Department patrol officer in the line of duty is a tragic example of the risks facing law enforcement officers every day in the performance of their duties to keep our communities safe. My thoughts and prayers are with the officer and the officer’s family for a swift and full recovery. We will not tolerate this type of senseless violence. Those who perpetrated this attack must be found and prosecuted. I encourage anyone with information to contact the Baltimore Police Department. To the men and women of the Baltimore Police Department and all Maryland law enforcement, please know that all of us at the U.S. Attorney’s Office stand with you and thank you for your bravery and devotion to justice.”
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Statement from Attorney General Merrick B. Garland Regarding Purdue Pharma BankruptcyRead the Press Release
Attorney General Merrick B. Garland issued the following statement regarding the U.S. District Court's decision to invalidate the Purdue Pharma bankruptcy plan:
"We are pleased with the District Court’s decision invalidating the Purdue Pharma bankruptcy plan. The bankruptcy court did not have the authority to deprive victims of the opioid crisis of their right to sue the Sackler family. The department remains committed to opioid abatement efforts and supporting victims of opioid abuse."
St. Louis man pleads guilty to conspiracy to possess and discharge a firearmRead the Press Release
ST. LOUIS – United States District Court Judge E. Richard Webber accepted a plea of guilty from Deronte McDaniels on today’s date. McDaniels pleaded guilty to conspiracy to possess and discharge a firearm in furtherance of drug trafficking. Judge Webber set sentencing for March 16, 2022.
According to the plea agreement, in or around October 2019, relative to a shooting investigation by the University City Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) was requested to assist in locating the suspect, a co-conspirator of McDaniels. ATF surveillance revealed McDaniels’ co-conspirators in this case were actively distributing fentanyl within the Eastern District of Missouri.
On October 20, 2019, a co-conspirator was shot in the arm which McDaniels witnessed. McDaniels was the intended target of this drug related shooting and returned fire utilizing his co-conspirator’s handgun.
In retaliation for this incident, on October 21, 2019, McDaniels and two co-conspirators possessed one or more firearms in furtherance of the commission of a drug trafficking crime. During this violation, they caused the death of David Anderson by shooting him in a case of mistaken identity. The co-conspirators in the investigation have cases pending before the court.
The maximum possible penalty provided by law for the crime to which McDaniel is pleading guilty is imprisonment of not more than 20 years, a fine of not more than $250,000, or both such imprisonment and fine. The court may also impose a period of supervised release of not more than 3 years.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the University City Police Department.
Six Aerospace Executives and Managers Indicted for Leading Roles in Labor Market Conspiracy that Limited Workers’ Mobility and Career ProspectsRead the Press Release
Note: The defendants in this case, Mahesh Patel, Robert Harvey, Harpreet Wasan, Steven Houghtaling, Tom Edwards, and Gary Prus were acquitted by the court of the charges alleged in the indictment described in the press release below.
A federal grand jury in Bridgeport, Connecticut, returned an indictment yesterday charging a former manager of a major aerospace engineering company and five executives of outsource engineering suppliers (Suppliers) for participating in a long-running conspiracy to restrict the hiring and recruiting of employees among their respective companies. The conspiracy affected thousands of engineers and other skilled workers in the aerospace industry who perform services in the design, manufacturing and servicing of aircraft components for both commercial and military purposes.
According to the one-count felony indictment unsealed today in the U.S. District Court for the District of Connecticut, six individuals — Mahesh Patel, of Connecticut; Robert Harvey, of South Carolina; Harpreet Wasan, of Connecticut; Steven Houghtaling, of Connecticut; Tom Edwards, of Connecticut; and Gary Prus, of Florida — conspired with unnamed others to allocate employees by agreeing not to hire or solicit employees from each other’s companies.
This indictment is the first in an ongoing investigation into labor market allocation in the aerospace engineering services industry. Patel, described as a leader of the conspiracy given his position and authority as the Suppliers’ common customer, was previously charged by complaint. He was arrested and appeared before a federal magistrate judge on the charge last week, and was released on a $100,000 appearance bond. The remaining defendants are expected to appear before federal district courts in different districts this week.
“Conduct that corrupts competition for workers has no place in our economy,” said Assistant Attorney General Jonathan S. Kanter of the Department of Justice’s Antitrust Division. “Our investigation revealed a prolonged and widespread scheme to deprive aerospace workers of the ability to plan their own careers and earn competitive pay. The Department of Justice and our law enforcement partners will continue to hold individuals and companies accountable for criminal conduct aimed at depriving workers of the myriad benefits that flow from competition.”
“No one should be illegally denied the opportunity to pursue better jobs, higher pay and greater benefits,” said Peter S. Jongbloed, Counsel to the U.S. Attorney for the District of Connecticut. “It is vital that the labor market in the defense and aerospace remain fair, open and competitive, and we look forward to continuing the partnership with the Antitrust Division and our law enforcement partners to prosecute this important case.”
“Anticompetitive practices undermine legitimate procurement and acquisition processes designed to ensure equity among parties that do business with the government. The DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS) is fully committed to prioritizing investigations involving corruption of the DoD labor market,” said Principal Deputy Director James R. Ives of the DCIS. “We will continue to partner with the Department of Justice to ensure the labor market that supplies goods and services to the U.S. military remains competitive.”
According to the indictment, the defendants and co-conspirators recognized the mutual financial benefit of the conspiracy — namely, reducing the rise in labor costs that would occur when aerospace workers were free to find new employment in a competitive environment. Patel and certain other co-conspirators explicitly appealed to this financial benefit when communicating with each other about the agreement.
The maximum penalty under the Sherman Act for a conspiracy to restrain trade is 10 years of imprisonment and a fine of $1 million. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine.
The charges are the result of an ongoing federal antitrust investigation into labor market allocation in the aerospace engineering services industry, conducted by the Antitrust Division’s New York Office, the U.S. Attorney’s Office for the District of Connecticut, and the New Haven and New York Resident Agencies of DCIS. Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
An indictment merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Six Aerospace Executives and Managers Indicted for Leading Roles in Labor Market Conspiracy that Limited Workers’ Mobility and Career ProspectsRead the Press Release
A federal grand jury in Bridgeport, Connecticut, returned an indictment yesterday charging a former manager of a major aerospace engineering company and five executives of outsource engineering suppliers (Suppliers) for participating in a long-running conspiracy to restrict the hiring and recruiting of employees among their respective companies. The conspiracy affected thousands of engineers and other skilled workers in the aerospace industry who perform services in the design, manufacturing and servicing of aircraft components for both commercial and military purposes.
According to the one-count felony indictment unsealed today in the U.S. District Court for the District of Connecticut, six individuals — Mahesh Patel, of Connecticut; Robert Harvey, of South Carolina; Harpreet Wasan, of Connecticut; Steven Houghtaling, of Connecticut; Tom Edwards, of Connecticut; and Gary Prus, of Florida — conspired with unnamed others to allocate employees by agreeing not to hire or solicit employees from each other’s companies.
This indictment is the first in an ongoing investigation into labor market allocation in the aerospace engineering services industry. Patel, described as a leader of the conspiracy given his position and authority as the Suppliers’ common customer, was previously charged by complaint. He was arrested and appeared before a federal magistrate judge on the charge last week, and was released on a $100,000 appearance bond. The remaining defendants are expected to appear before federal district courts in different districts this week.
“Conduct that corrupts competition for workers has no place in our economy,” said Assistant Attorney General Jonathan S. Kanter of the Department of Justice’s Antitrust Division. “Our investigation revealed a prolonged and widespread scheme to deprive aerospace workers of the ability to plan their own careers and earn competitive pay. The Department of Justice and our law enforcement partners will continue to hold individuals and companies accountable for criminal conduct aimed at depriving workers of the myriad benefits that flow from competition.”
“No one should be illegally denied the opportunity to pursue better jobs, higher pay and greater benefits,” said Peter S. Jongbloed, Counsel to the U.S. Attorney for the District of Connecticut. “It is vital that the labor market in the defense and aerospace remain fair, open and competitive, and we look forward to continuing the partnership with the Antitrust Division and our law enforcement partners to prosecute this important case.”
“Anticompetitive practices undermine legitimate procurement and acquisition processes designed to ensure equity among parties that do business with the government. The DoD Office of Inspector General’s Defense Criminal Investigative Service (DCIS) is fully committed to prioritizing investigations involving corruption of the DoD labor market,” said Principal Deputy Director James R. Ives of the DCIS. “We will continue to partner with the Department of Justice to ensure the labor market that supplies goods and services to the U.S. military remains competitive.”
According to the indictment, the defendants and co-conspirators recognized the mutual financial benefit of the conspiracy — namely, reducing the rise in labor costs that would occur when aerospace workers were free to find new employment in a competitive environment. Patel and certain other co-conspirators explicitly appealed to this financial benefit when communicating with each other about the agreement.
The maximum penalty under the Sherman Act for a conspiracy to restrain trade is 10 years of imprisonment and a fine of $1 million. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine.
The charges are the result of an ongoing federal antitrust investigation into labor market allocation in the aerospace engineering services industry, conducted by the Antitrust Division’s New York Office, the U.S. Attorney’s Office for the District of Connecticut, and the New Haven and New York Resident Agencies of DCIS. Anyone with information in connection with this investigation should contact the Antitrust Division’s Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
An indictment merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Serial Arsonist Sentenced to Five Years in Federal Prison for Setting Fires to Publix StoreRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Robert Timon Lovett (50, Bradenton) to five years in federal prison for arson.
Lovett had pleaded guilty on September 29, 2021.
According to court documents, on three consecutive dates in 2020 (December 25, 26, and 27), Lovett started a fire at a Publix store in Bradenton, Florida. On December 26 and 27, Lovett actually entered the store and purchased the lighter fluid he used to start the fires, both of which he set while the store was open for business. The fire he set on December 26 caused significant heat damage to the back of the store.
Law enforcement officers apprehended Lovett on December 28, 2020, when he returned to the same Publix and again purchased lighter fluid. In a statement to law enforcement, Lovett admitted to starting the fires on each of the three preceding days.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Manatee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
San Pedro Train Engineer Pleads Guilty to Terrorism Charge for Intentionally Derailing Locomotive Near U.S. Navy Hospital ShipRead the Press Release
LOS ANGELES – A train engineer at the Port of Los Angeles pleaded guilty today to a federal criminal charge for running a locomotive at full speed off the end of railroad tracks near a United States Navy hospital ship that was deployed to provide medical relief during the early months of the COVID-19 pandemic.
Eduardo Moreno, 45, of San Pedro, pleaded guilty to one count of committing a terrorist attack and other violence against railroad carriers and mass transportation systems.
According to his plea agreement, on March 31, 2020, Moreno drove a train at high speed, did not slow down near the end of the railroad track, and intentionally derailed the train off the tracks near the United States Naval Ship Mercy – a hospital ship then docked in the Port of Los Angeles.
No one was injured in the incident, and the Mercy was not harmed or damaged, according to court documents. The incident resulted in the train leaking a substantial amount of fuel, which required clean up by fire and other hazardous materials personnel.
Moreno admitted in his plea agreement that he caused approximately $700,000 in damages because of the derailment.
In his first interview with the Los Angeles Port Police, Moreno acknowledged that he “did it,” saying that he was suspicious of the Mercy and believed it had an alternate purpose related to COVID-19 or a government takeover, according to an affidavit filed with a criminal complaint in this case. Moreno stated that he acted alone and had not pre-planned the attempted attack. While admitting to intentionally derailing and crashing the train, he said he knew it would bring media attention and “people could see for themselves,” referring to the Mercy, according to the affidavit.
In a second interview with FBI agents, Moreno stated that “he did it out of the desire to ‘wake people up,’” according to the affidavit. “Moreno stated that he thought that the Mercy was suspicious and did not believe ‘the ship is what they say it’s for.’”
United States District Judge Philip S. Gutierrez has scheduled a March 11, 2022 sentencing hearing, at which time Moreno will face a statutory maximum sentence of 20 years in federal prison.
The FBI’s Joint Terrorism Task Force and the Port of Los Angeles Police investigated this matter.
Assistant United States Attorneys Reema M. El-Amamy and Christine M. Ro of the Terrorism and Export Crimes Section and Trial Attorney Taryn Meeks of the Department of Justice’s Counterterrorism Section are prosecuting this case.
Sacramento Man Sentenced to 2.5 Years in Prison for Fentanyl DistributionRead the Press Release
SACRAMENTO, Calif. — Christopher Kegan Williams, 26, of Sacramento, was sentenced on Tuesday by United States District Judge John A. Mendez to 2.5 years in prison for distribution of fentanyl, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between Sept. 2019 and March 2020, Williams brokered the sale of a total of approximately 480 fentanyl-laced counterfeit oxycodone M-30 pills to a confidential source in three separate transactions.
This case is the product of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Marshals Service, the U.S. Postal Inspection Service, the Yuba-Sutter Narcotic and Gang Enforcement Task Force (NET-5), the California Highway Patrol, the Butte Interagency Narcotics Task Force (BINTF), the Tri-County Drug Enforcement Team (TRIDENT), the Sacramento County Sheriff’s Department, the Sacramento Police Department, the Roseville Police Department, the Manteca Police Department, the Yuba City Police Department, and the West Sacramento Police Department. Assistant U.S. Attorney David W. Spencer is prosecuting the case.
Co-defendant Mateo Elias Guerrero-Gonzales pled guilty to distribution of fentanyl on Dec. 14, 2021. Guerrero-Gonzales is scheduled to be sentenced on April 5, 2022. Charges remain pending against 14 co-defendants. A status hearing is set for Jan. 25, 2022. The charges against the remaining defendants are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Raleigh Man Sentenced to 85 Months for Setting Fire to Businesses During Downtown RiotsRead the Press Release
NEW BERN, N.C. – Richard Rubalacava was sentenced today in federal court to 85 months in prison for maliciously damaging several downtown businesses by fire. On March 23, 2021, he pled guilty to setting fire to the Dollar General Express store on East Davie Street.
According to court documents and other information presented in court, Rubalacava, age 27, joined the riotous crowds following the May 30, 2020 civil protest over George Floyd’s murder in Minneapolis, Minnesota. Rubalacava was captured on video entering the Dollar General several times, stealing merchandise and setting fire to miscellaneous items. The sprinkler system extinguished the fire, but the damage was extensive. Rubalacava was also ordered to pay restitution to Dollar General in the amount of $354,379.22.
Rubalacava had also been charged with setting a fire inside the Budacai Restaurant on East Martin Street. He further admitted to vandalizing the Red Hat building with other rioters on the same evening.
Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorneys Daniel W. Smith and Susan B. Menzer prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-CR-00341-FL.
Queens Man Sentenced to 33 Months in Prison for Posting Threats to Kill a Member of Congress and Illegally Possessing AmmunitionRead the Press Release
Earlier today, in federal court in Brooklyn, Eduard Florea was sentenced by United States District Judge Eric R. Komitee to 33 months in prison for transmitting threats to injure others, including threats against now-United States Senator Raphael Warnock, and possessing ammunition after having been convicted of a felony. Florea pleaded guilty to the charges in August 2021.
Breon Peace, United States Attorney for the Eastern District of New York, and Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the sentence.
“With today’s sentence, the defendant faces serious consequences for threatening the life of United States Senator Raphael Warnock as part of his effort to foment violence at the Capital on January 6, 2021 in connection with attempts to overturn the results of the 2020 election,” stated United States Attorney Peace. “This Office is deeply committed to protecting our democratic institutions and preserving our democracy, and will vigorously prosecute those who would undermine our founding principles as a nation by threatening the safety of our elected representatives or those who seek elected office.”
Florea posted threatening statements online about killing elected officials, including now-United States Senator Warnock, and committing other acts of violence in Washington, D.C., in connection with the certification of the results of the 2020 Presidential Election. For example, on January 5, 2021, at approximately 8:40 p.m., Florea posted, “We need to all come to an agreement . . . and go armed . . . and really take back Washington.” A few minutes later, Florea posted, “Tomorrow may very [well] be the day war kicks off . . .” At 11:53 p.m. the same day, Florea posted, “Warnock is going to have a hard time casting votes for communist policies when he’s swinging with the f***ing fish.” In the early morning hours of January 6, 2021, at approximately 12:42 a.m., Florea referenced Senator Warnock and stated, “Dead men can’t pass sh*t laws . . .”
On January 6, 2021, after the assault on the United States Capitol had begun, Florea posted that he intended to travel to Washington, D.C., as part of a group armed with firearms ready to engage in additional violence. Between approximately 2:00 p.m. and 6:00 p.m.—while the Capitol was under siege—Florea posted the following messages, among others:
- “Mine are ready….I am ready…. we need to regroup outside of DC and attack from all sides… talking to some other guys….I will keep watching for the signal.”
- “I am awaiting my orders…armed and ready to deploy….”
- “Guns cleaned loaded . . . got a bunch of guys all armed and ready to deploy . . . we are just waiting for the word”
- “Me and some guys are gearing up to head in. . . . where are you . . . 3 cars already are enroute . . . .all armed.”
- “It’s time to unleash some violence.”
On January 12, 2021, FBI Special Agents and Task Force Officers with the New York Joint Terrorism Task Force executed a search warrant at Florea’s home in Middle Village, Queens. The search revealed that Florea, who had been previously convicted of a New York state firearms-related felony, illegally possessed more than 1,000 rounds of ammunition.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Francisco J. Navarro and Andrew P. Wenzel are in charge of the prosecution.
The Defendant:
EDUARD FLOREA
Age: 41
Middle Village, QueensE.D.N.Y. Docket No. 21-CR-037 (EK)
Providence Man Sentenced for Trafficking FirearmsRead the Press Release
BOSTON – A Providence, R.I., man was sentenced today in federal court in Boston in connection with trafficking firearms from North Carolina.
Chiweze Ihunwo, 24, previously of Randolph, Mass., was sentenced by U.S. District Court Judge Leo T. Sorokin to 15 months in prison and three years of supervised release. On Aug. 17, 2021, Ihunwo pleaded guilty to one count of engaging in the business of dealing in firearms without a license.
In 2019 and 2020, Ihunwo traveled from Massachusetts to North Carolina for the purpose of acquiring firearms to be resold for profit. After acquiring these firearms, Ihunwo traveled back to Massachusetts and sold them to various individuals. At various times, Ihunwo advertised the firearms for sale via social media. In addition, Ihunwo made arrangements to sell firearms to a person who soon thereafter was arrested in connection with a June 23, 2020 shooting incident on I-95 in Providence.
During a search of a residence in Providence where Ihunwo had been staying, an AK-style pistol and various rounds of ammunition were recovered.
Acting United States Attorney Nathaniel R. Mendell and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives made the announcement. Assistance was provided by the Randolph Police Department, the Providence Police Department and the Rhode Island State Police. Assistant U.S. Attorney Mackenzie Duane of Mendell’s Major Crimes Unit prosecuted the case.
Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jose Sanchez-Flores, age 33, of Mexico, was indicted on December 15, 2021, by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney John C. Gurganus, Sanchez-Flores was previously deported from the United States to Mexico in January 2016. He is alleged to have illegally reentered the United States again sometime after that time. He was located in the United States on December 5, 2021, in Adams County, Pennsylvania, when a Pennsylvania State Police trooper charged him with public drunkenness and possession of a personal use quantity of marijuana. Those state charges are pending.
This matter was investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO) and is being prosecuted by Assistant United States Attorney
Joanne M. Sanderson.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Sanchez-Flores faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Portsmouth Fraudster Sentenced for Absconding and Fraud OffensesRead the Press Release
RICHMOND, Va. – A Portsmouth man was sentenced today to over 10 years in prison for charges of conspiracy, fraud, identity theft, and failure to appear.
According to court documents, Troy McFarland, 27, conspired with another man to repeatedly commit credit card fraud at the expense of more than a dozen identity theft victims and multiple financial institutions. McFarland and his co-conspirator used credit and debit cards re-encoded with stolen financial information to purchase goods and services from local retailers, including a luxury car rental, a hotel stay, dining expenses, motorcycle equipment, furniture, prepaid gift cards, and a $14,310 Rolex watch.
After McFarland was arrested on July 31, 2020, he was released to a third-party custodian in Portsmouth and required to submit to location monitoring. On October 24, 2020, he removed his location-monitoring device and absconded. On March 4, he was located and arrested again. While McFarland’s whereabouts were unknown, he released multiple music videos about his lack of remorse for his crimes and boasted about having removed his location-monitoring device. At the time of his arrest, he was found in possession of more debit and credit cards associated with suspected fraud.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; Daniel A. Adame, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson.
The United States Marshals Service provided significant assistance in this case.
Assistant U.S. Attorney D. Mack Coleman and former Managing Assistant U.S. Attorney Howard J. Zlotnick prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-44.
Poplar man admits assault charges in stabbings on Fort Peck Indian ReservationRead the Press Release
GREAT FALLS – A Poplar man accused of stabbing two individuals at a Wolf Point residence on the Fort Peck Indian Reservation admitted to assault charges on Dec. 15, U.S. Attorney Leif M. Johnson said today.
Dewayne C. Shoots, Jr., 28, pleaded guilty to an indictment charging him with two counts of assault resulting in serious bodily injury. The crime carries a maximum penalty of 10 years in prison, a $250,000 fine and three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris will determine a sentence based on the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for April 7, 2022. Shoots was detained pending further proceedings.
The government alleged in court documents that on March 5, 2020, a Wolf Point police officer was dispatched to a resident at about 1:09 a.m. A caller reported that Shoots had stabbed multiple victims. The officer saw a victim, identified as John Doe, outside the residence and covered in blood. John Doe said that Shoots had stabbed him. Another victim, identified as Jane Doe, was inside the residence and had also been stabbed by Shoots. Witnesses confirmed they saw Shoots fighting with the John Doe and then Shoots stabbed both John Doe and Jane Doe. Both victims suffered serious injuries.
Assistant U.S. Attorney Wendy A. Johnson is prosecuting the case, which was investigated by the FBI, Wolf Point Police Department and Roosevelt County Sheriff’s Office.
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Pittsburgh Woman Sentenced to Prison for Bank Robbery SpreeRead the Press Release
PITTSBURGH, PA- A resident of Pittsburgh, Pennsylvania, has been sentenced in federal court to 30 months’ imprisonment, and three years’ supervised release on her conviction for a series of bank robberies that occurred in West Mifflin, McCandless, and Penn Hills, United States Attorney Cindy K. Chung announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Donna Poremski, 45, of Pittsburgh's South Side neighborhood.
According to information presented to the court, Jasmine Parrish, a former employee of PNC bank, met her co-defendant, Donna Poremski, while the two worked together in the home-healthcare industry.
Parrish and Poremski conspired together to commit three bank robberies on June 23, 2018, September 6, 2018, and October 18, 2018.
During the first bank robbery, on June 23, 2018, Parrish and Poremski entered the PNC Bank, located in West Mifflin, and attempted to conceal their identities by dressing in traditional Middle Eastern attire, including wearing hijabs that covered their faces. Additionally, Parrish carried a cane and wore a surgical mask over her face with a tube that connected to an oxygen tank. The women approached the teller station and handed one of the tellers a note as well as threatened that they had a bomb. The Court also was informed that Poremski was observed on surveillance footage brandishing what appeared to be a firearm, and that the two women then directed the bank employees to empty their cash drawers and enter the bank vault where the bank employees were forced to put the money into the suitcase. The women stole $61,124.00 from this bank.
During the second bank robbery, on September 6, 2018, Poremski brandished what appeared to be a .9mm pistol and demanded money from the tellers. After obtaining the money from the teller’s cash drawer, Poremski directed the bank employees into the bank vault where the bank employees were forced to put money into Poremski’s bag. While the bank robbery was underway, Parrish was observed driving Poremski’s vehicle near the bank. Prior to the bank robbery, Parrish entered the bank to scope it out. The women stole $35,500.00 from this bank.
During the third bank robbery, on October 18, 2018, Poremski demanded money from the tellers and threatened to use a firearm but never brandished one. Parrish admitted that the women stole $350.00 from this bank.
A total of $97,004.00 was taken from the West Mifflin, McCandless and Penn Hills PNC banks, during these robberies for which Poremski and Parrish are both liable.
Prior to imposing sentence, Judge Fischer stated that Poremski’s offenses were “egregious”; but, that Poremski was not the “brains” of the operation between the two women and that her co-defendant took advantage of Poremski’s controlled substance addiction. Further, the Court deemed a variance appropriate in light of Poremski’s age, mental health, physical condition, difficult upbringing, employment record and post-offense rehabilitative efforts and her remorse.
Jasmine Parrish was previously sentenced to 40 months in prison followed by five years of supervised release.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation, West Mifflin Borough Police Department, the McCandless Police Department, the Penn Hills Police Department and the City of Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Poremski.