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10 December 2021
Casper Man Pleads Guilty to Possession of Child PornographyRead the Press Release
United States Attorney Bob Murray announced today that JEREMIAH LINCOLN CURRENT, age 39, of Casper, Wyoming pleaded guilty to possession of child pornography during a plea hearing held on December 7, 2021, before Chief Federal District Court Judge Scott W. Skavdahl.
Current was arrested on September 23, 2021, in Sterling, Colorado after being indicted by a federal grand jury. He faces up to 20 years imprisonment, up to five years of supervised release, a $5,000 special assessment pursuant to the Victims of Sex Trafficking Act Of 2015, up to $17,000 special assessment and mandatory restitution of not less than $3,000 per requesting victim pursuant to the Amy, Vicky and Andy Child Pornography Victim Assistance Act of 2018, and a $100 special assessment.
This crime was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force. The case is being prosecuted by Assistant United States Attorney Timothy J. Forwood.
Case Number 0:21-cr-00107-SWS
Brockton Man Sentenced to Five Years in Prison for Fentanyl TraffickingRead the Press Release
BOSTON – A Brockton man was sentenced today for distributing fentanyl throughout southeastern Massachusetts.
Christian Collins, 19, was sentenced by U.S. District Court Judge Patti B. Saris to five years in prison and four of supervised release. On June 23, 2021, Collins pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and three counts of distribution of fentanyl.
In 2019 and 2020, law enforcement officers conducted an investigation into fentanyl traffickers operating in southeastern Massachusetts. In December 2019, Collins worked with co-defendant Filomeno Monteiro to distribute 20 grams of fentanyl to a cooperating witness and an undercover police officer in Plympton. On Jan. 3, 2020, Collins and a third man sold 10 grams of fentanyl and a Taurus .38 caliber firearm to the same cooperating witness and undercover officer. On Jan. 6 and Jan. 8, 2020, Collins distributed a total of 45 grams of fentanyl to the cooperating witness and undercover officer.
Monteiro pleaded guilty on July 13, 2021 and is scheduled to be sentenced on Jan. 18, 2022.
Acting United States Attorney Nathaniel R. Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Brockton Police Chief Emanuel Gomes; East Bridgewater Police Chief Paul O’Brien; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; and Plymouth County District Attorney Timothy Cruz made the announcement. Assistant U.S. Attorney Christopher Pohl, of Mendell’s Narcotics and Money Laundering Unit, prosecuted the case.
Brandon B. Brown Sworn in as U.S. Attorney for the Western District of LouisianaRead the Press Release
SHREVEPORT, La. – Brandon Bonaparte Brown was officially sworn in today as United States Attorney for the Western District of Louisiana. Brown was nominated by President Joseph R. Biden, Jr. on November 15, 2021 and was confirmed by the United States Senate on December 7, 2021. U.S. Attorney Brown was sworn in at the federal courthouse in Lafayette.
“It is an honor to have been nominated and endorsed by the President and Senators Cassidy and Kennedy to serve as the United States Attorney for the Western District of Louisiana,” stated U.S. Attorney Brown. “I am excited to serve alongside a team of exceptional public servants at the U.S. Attorney’s Office and with the dedicated law enforcement professionals throughout this district. This office will continue to partner with law enforcement and community partners to pursue equal justice under the law.”
With over 14 years of public service, U.S. Attorney Brown will lead an office of approximately 70 federal prosecutors and staff, located in Shreveport and Lafayette. The Western District of Louisiana covers the western part of Louisiana, with offices in Shreveport, Lafayette, Alexandria, Monroe, and Lake Charles.
U.S. Attorney Brown joined the Shreveport Criminal Division of the United States Attorney's Office as an Assistant United States Attorney in November 2012. He worked in the general crimes area and prosecuted a wide range of criminal offenses and has tried multiple cases to jury verdict. Most notably, U.S. Attorney Brown was trial counsel in United States v. Thomas Sanders, a multi-victim homicide case spanning multiple states, which culminated in the first death penalty verdict in the history of the Western District of Louisiana. In March 2017, Brown was appointed as the Project Safe Neighborhoods Coordinator for the district, charged with coordinating two task forces comprised of federal and state law enforcement agencies with the goal of investigating and prosecuting firearm and high-end violent crime organizations in the district. He left the office in March 2018 to accept a position in private practice and then rejoined the Shreveport Criminal Division in October 2018 as the Shreveport Division Lead Organized Crime Drug Enforcement Task Force (OCDETF) attorney and the district’s Violent Crime Coordinator.
From 2007 to 2012, U.S. Attorney Brown served as an Assistant District Attorney at the Fourth Judicial District Attorney's Office in Monroe, Louisiana. While serving in the felony division, he prosecuted a wide range of offenses including sex crimes, homicides, robberies, narcotics, and public corruption, while also handling any appeals related to his cases. Most notably, he was trial counsel in State of Louisiana v. Edward L. Harris, a public corruption case in which the mayor of a municipality made improper payments to himself and town employees during his last days in office after losing reelection. He was also trial counsel in State of Louisiana v. Matt Banks, a “cold case,” revived after seven years, resulting in two life imprisonment sentences.
U.S. Attorney Brown grew up in Richwood, Louisiana, and graduated from Ouachita Parish High School. He is a graduate of Louisiana Tech University holding a Bachelor of Arts in Computer Information Systems (2002) and a Master of Business Administration (2004). Brown received his law degree from the Southern University Law Center in 2007, where he was the 1L class president, led the student recruitment committee, represented indigent defendants in the criminal clinical program, and served on the Moot Court Board. U.S. Attorney Brown is involved in activities in his community and is a member of the Kappa Alpha Psi Fraternity, Inc., and Mount Canaan Missionary Baptist Church in Shreveport.
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Boise Man Sentenced to over 4.5 Years in Federal Prison for Unlawful Possession of a FirearmRead the Press Release
BOISE – A Boise man was sentenced to 57 months in federal prison for the unlawful possession of a firearm.
According to court records, on October 10, 2020, a police officer attempted to contact Anthony Alex Howard, 32, of Boise, after observing him drive away from a known drug house and subsequently commit a traffic violation. Howard was outside his vehicle when the officer contacted him and was wearing a gray satchel. Howard refused to obey commands from the officer and a physical struggle ensued. Howard broke free from the officer and fled on foot. Shortly after, Howard was located and arrested by other officers.
Officers located the gray satchel in a nearby yard. Inside, officers found a stolen .45 caliber pistol. At the location where the officer initially contacted Howard, officers found another stolen .45 caliber pistol. Howard is prohibited from possessing firearms due to a prior federal firearms conviction for possessing stolen firearms. Howard was on state probation at the time of the offense.
Senior U.S. District Judge B. Lynn Winmill also ordered Howard to serve three years of supervised release following his prison sentence. Howard pleaded guilty to the charges on September 16, 2021.
Acting U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boise Police Department, which led to charges.
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.
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Amarillo Man Charged with Threatening Jews, Girlfriend Charged with Assaulting Officers During ArrestRead the Press Release
An Amarillo man who threatened to execute three prominent Jewish rabbis has been federally charged, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham. The defendant’s girlfriend, who pointed a gun at federal agents during his arrest, has been charged as well.
Christopher Stephen Brown, 37, was arrested Wednesday, charged via criminal complaint with interstate threatening communications. His girlfriend, Rebekah Jones, 28, was charged via criminal complaint with assaulting a federal officer with a deadly weapon during the arrest. The pair made their initial appearance in federal court before U.S. Magistrate Judge Lee Ann Reno Thursday afternoon.
“Mr. Brown’s anti-Semitic statements were both disgusting and unlawful. The First Amendment may guarantee the right to make hateful remarks, but it does not allow for specific threats of violence against individuals. The circumstances of the defendant’s arrest only reinforce our belief that Mr. Brown poses a serious threat to the community,” said U.S. Attorney Chad Meacham. “We are committed to protecting all of our citizens – especially those who are often persecuted.”
“Mr. Brown allegedly expressed an intent to commit violent acts toward numerous entities including private citizens, law enforcement and Jewish Rabbis associated with Chabad Lubavitch Headquarters,” said FBI Dallas Special Agent in Charge Matthew J. DeSarno. “Threatening statements are a serious criminal activity with consequences, and the FBI and our law enforcement partners will pursue those who pose a threat to the community when those threats intend to instill fear and potentially cause physical harm.”
According to the complaint, on Dec. 2, Mr. Brown allegedly contacted Chabad Lubavitch, a Jewish organization that has provided spiritual guidance and assistance to Jewish people since before the Holocaust. Chabad is headquartered in New York City and maintains more than 3,500 institutions worldwide.
In a message sent via their website, Mr. Brown allegedly threatened to kill members of the Beth-Din, a Jewish rabbinical court. The message – which called for death to all Jews – also included a link to a video on Mr. Brown’s YouTube channel, “Dr M Obidiah.” On the channel, Mr. Brown, calling himself Madrikh Obidiah, said the Chabad Lubavitch chairman, vice chairman, and another leader's son must die.
Two days later, on Dec. 4, Mr. Brown called Chabad Lubavitch headquarters in New York and allegedly left two voicemail messages stating that Madrikh Obidiah would “tear out” the rabbis’ eyes and tongues and kill every rabbi he could find. The following day, he called the headquarters again and allegedly threatened to blow the leaders heads off.
On Dec. 8, law enforcement arrived at Mr. Brown’s apartment to arrest him. They activated their emergency lights and used a PA system to order Mr. Brown out of his residence. After approximately one minute, Mr. Brown appeared at the door. He repeatedly refused to obey agents’ commands. Eventually, agents entered the apartment and grabbed Brown, who resisted being placed in handcuffs.
During the struggle, Ms. Jones locked arms with Mr. Brown and tried to pull him into the bedroom. She pointed a gun at an FBI agent, who grabbed the gun and attempted to point it in a safe direction. While wrestling with both Mr. Brown and Ms. Jones, the agent was eventually able to free the gun and fling it onto the floor.
The pair was subdued without injury.
A criminal complaint is merely an allegation of wrongdoing, not evidence. Like all defendants, Mr. Brown and Ms. Jones are presumed innocent until proven guilty.
If convicted, Mr. Brown faces up to 5 years in federal prison. Ms. Jones faces up to 20 years.
The Federal Bureau of Investigation’s Dallas Field Office, Amarillo Resident Agency and the Randall County Sheriff’s Office conducted the investigation in partnership with the FBI’s New York Field Office and the New York Police Department. Assistant U.S. Attorney Joshua Frausto is prosecuting the case.
Albany County Man Sentenced to 188 Months for Transporting and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Christopher Eberlein, age 55, of Albany, was sentenced today to serve 188 months in prison for transporting and possessing child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previous guilty plea, Eberlein admitted that, for over a decade, he transported more than 2,000 child pornography files over the Internet. Many of these images featured the sexual abuse of newborns and infants. A subsequent search of Eberlein’s electronic devices revealed that he was also in possession of dozens of child pornography files, which he stored on multiple electronic devices in his residence.
United States District Judge Mae A. D’Agostino also imposed a 20-year term of supervised release, which will start after Eberlein is released from prison. Eberlein will also be required to register as a sex offender.
Eberlein’s case was investigated by the FBI and its Child Exploitation Task Force, which includes members of federal, state and local law enforcement agencies, including the New York State Police. The case was prosecuted by Assistant U.S. Attorney Rachel Williams as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s 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 https://www.justice.gov/psc
Air Force Police Officer Charged with over $250,000 in Unemployment Insurance Fraud During the Ongoing COVID-19 PandemicRead the Press Release
FRESNO, Calif. — A five-count indictment was unsealed today following the arrest of Trevon Miller, 28, a military police officer at Edwards Air Force Base, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Miller is charged with mail fraud for submitting fraudulent unemployment insurance claims in over 30 states during the ongoing COVID-19 pandemic. From at least April 2020 through June 2020, Miller submitted the fraudulent claims using his former identity of Trevon Rodney and told the state workforce agencies that administer the unemployment insurance system that he was unemployed when he was enlisted in the Air Force the whole time. In 2016, Miller had legally changed his last name from Rodney before he joined the Air Force. The state workforce agencies and the United States were subject to a potential loss of more than $250,000. Miller used the money for his own benefit, including making cash withdrawals.
This case is the product of an investigation by the Air Force Office of Special Investigations, the U.S. Secret Service, the Defense Criminal Investigative Service, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
If convicted, Miller faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000 for each of the mail fraud counts. Any sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. The charges are only allegations. Miller is presumed innocent until and unless he is proven guilty beyond a reasonable doubt.
2 local men sentenced to federal prison for child pornography crimesRead the Press Release
DAYTON, Ohio – A Shelby County man and a Miami County man were sentenced in federal court in Dayton this week for possessing and distributing child pornography.
Brian Clark, 47, of Troy, Ohio, was sentenced on Dec. 7 to 120 months in prison for possession of child pornography with a prior offense. Aaron Smith, 31, of Sidney, Ohio, was sentenced on Dec. 9 to 90 months in prison for distribution of child pornography.
According to court documents, Clark, who had previously been convicted as a sex offender, collected sexually explicit images of children from 2015 until his arrest in June 2020. Clark possessed approximately 250 images of child pornography. His collection included images of prepubescent children including toddlers, and included depictions of rape, sexual abuse, and sadism. He pleaded guilty in March 2021 to possessing the child pornography images.
Court documents detail that Smith amassed a collection of 773 images and 1,670 videos of child pornography. Those images and videos included infants and toddlers and depictions of rape, sexual abuse, bestiality, and sadism. Smith traded child pornography images with others online and discussed his enjoyment of the material with them. Smith pleaded guilty in September 2021 to distributing child pornography.
Kenneth L. Parker, United States Attorney for the Southern District of Ohio; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Troy Police Chief Shawn McKinney announced the sentences imposed by Senior U.S. District Court Judge Walter H. Rice. Assistant United States Attorney Christina E. Mahy is representing the United States in this case.
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9 December 2021
Wilkinsburg Teen Pleads Guilty in Conspiracy to Acquire FirearmsRead the Press Release
PITTSBURGH – PA -- A resident of Wilkinsburg, Pennsylvania, pleaded guilty in federal court to a charge of conspiracy to commit an offense against the United States, United States Attorney Cindy K. Chung announced today.
Katrae Smith, age 19, pleaded guilty to one count before United States District Judge Robert J. Colville.
In connection with the guilty plea, the court was advised that on June 16, 2021, the Wilkinsburg Police Department responded to a 911 call of multiple males exiting two vehicles while wearing all black clothing and facemasks. Upon the arrival of law enforcement, all males fled on foot. Law enforcement detained one of the fleeing males and identified him as the defendant, Katrae Smith. A loaded Glock model 19x, 9mm caliber pistol, was found near the defendant at the time of his arrest. A trace of the firearm revealed that his co-defendant, Deyanira Araujo, purchased that that firearm six days prior.
A search of the defendant incident to his arrest revealed that he had a cellular phone. The phone contained multiple text messages between the defendant and the co-defendant from April 2021 to June 2021 in which they discussed the purchase of firearms.
Consistent with the texts between the conspirators, the ATF confirmed that Araujo purchased two firearms on June 10, 2021 from Keystone Shooting Center LLC, a federally licensed firearms dealer. The ATF also obtained surveillance footage of the June 10, 2021 firearm purchases. The surveillance footage shows Araujo arrive with Smith in his mother’s vehicle, Aruajo approach the gun counter with Smith and another male, Aruajo speak with the males, and Araujo purchase pistols. In addition to the texts and surveillance footage, the defendant’s phone contained multiple videos of Smith either near or personally holding pistols. One video shows Smith and a passenger in a vehicle each holding a pistol while Smith says, “we got two of them now.” This video was taken on June 10, 2021, the same day Araujo purchased two pistols.
Judge Colville scheduled sentencing for April 21, 2022 at 9:00 a.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court remanded the defendant into the custody of the U.S. Marshals Service.
Assistant United States Attorney Brendan J. McKenna is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wilkinsburg Police Department conducted the investigation that led to the prosecution of Katrae Smith.
Waukesha County Neurologist Pleads Guilty to Possession of Child PornographyRead the Press Release
Richard G. Frohling, Acting United States Attorney for the Eastern District of Wisconsin, announced that on December 8, 2021, Sean A. Jochims (age: 51) of Pewaukee, Wisconsin, was convicted of one count of possession of child pornography. The formal conviction followed the filing of a written plea agreement on November 5, 2021.
According to the plea agreement, an FBI special agent, acting in an undercover capacity, accessed multiple public Kik messenger groups that appeared to have been created for individuals interested in child pornography. On May 28, 2020, the agent detected that Jochims shared a video of child pornography with members of the group. Based in part on this information, agents obtained a search warrant for Jochims’ residence, where they recovered electronic storage devices. Subsequent forensic analysis of those devices revealed that Jochims accessed, and attempted to access, numerous files that contained child pornography. According to court records, at the time of his offense Jochims practiced as a neurologist in Waukesha County, Wisconsin.
Jochims will be sentenced on February 3, 2022, before United States District Judge J.P. Stadtmueller. Pursuant to the terms of the plea agreement, Jochims will receive a 48-month prison sentence.
This case was investigated by the Milwaukee Division of the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Megan J. Paulson and Abbey M. Marzick.
This case was also brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice.
Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The Victim Services division of the U.S. Attorney’s Office may be reached at (800) 680-8949 for further information and support.
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For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Watertown Man Sentenced for Possession of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Watertown, South Dakota, man convicted of Possession of Child Pornography was sentenced on December 6, 2021, by U.S. District Judge Charles B. Kornmann.
Derek Michael Mason, age 20, was sentenced to 72 months in federal prison, followed by five years of supervised release, a $5,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Mason was indicted for Receipt and Distribution of Child Pornography and Transportation of Child Pornography by a federal grand jury on August 17, 2020. He pled guilty on August 9, 2021, to Possession of Child Pornography.
The conviction stemmed from incidents between May 1, 2017, and May 5, 2020, when Mason knowingly possessed graphic image and video files depicting one or more minors engaged in sexually explicit conduct.
Mason used his Apple iPhone 8 to obtain the files from the internet which involved and affected interstate commerce. Mason knew the files contained child pornography when he downloaded them. He also knew that some of the files depicted prepubescent minors who had not attained 12 years of age.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Mason has been allowed to self-surrender to the custody of the U.S. Marshals Service by January 11, 2022.
Wading River Woman Sentenced to 10 Years in Prison for Conspiring to Distribute Narcotics and Firearm PossessionRead the Press Release
Earlier today, in federal court in Central Islip, Amber Schatz was sentenced by United States District Judge Denis R. Hurley to 10 years in prison for conspiring to distribute controlled substances and the possession of a firearm in furtherance of drug trafficking. Schatz pleaded guilty to these charges in May 2021.
Breon Peace, United States Attorney for the Eastern District of New York, announced the sentence.
“Today’s sentence demonstrates that defendants like Schatz who contribute to the opioid epidemic and put communities at risk by openly selling large quantities of dangerous drugs will face serious consequences,” stated United States Attorney Breon Peace. “I commend our law enforcement partners at the Federal Bureau of Investigation, the Suffolk County East End Drug Task Force and the Riverhead Police Department who are working tirelessly to remove drug dealers and their guns from the streets of Long Island.”
Mr. Peace thanked the Federal Bureau of Investigation, New York Field Office, Suffolk County East End Drug Task Force and the Riverhead Police Department for their work on the case.
According to public filings and statements made by Schatz during her guilty plea, in January 2020, Schatz and her boyfriend, Curtis Prussick, conspired to distribute large quantities of narcotics, including fentanyl. Following an investigation into community complaints of individuals distributing drugs at public places in Suffolk County, law enforcement determined that Schatz and Prussick regularly sold drugs from parking lots around Rocky Point, New York. Members of the Suffolk County East End Drug Task Force executed a search warrant at Schatz and Prussick’s residence in Wading River and discovered a large-scale drug distribution operation. Law enforcement seized over 170 grams of fentanyl, over 125 grams of cocaine and 40 grams of crack cocaine as well as quantities of oxycodone and heroin. Additionally, materials for packaging drugs, a pill press that the defendants used to press fentanyl into pill form and an assault rifle that they used to protect their drug operation were seized. Schatz and Prussick were arrested in February 2020 and the charges against Prussick are pending.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Michael Maffei is in charge of the prosecution.
The Defendant:
AMBER L. SCHATZ
Age: 33
Wading River, New YorkE.D.N.Y. Docket No. 20-CR-48 (DRH)
U.S. Justice Department awards more than $17.5 million to support Project Safe NeighborhoodsRead the Press Release
WASHINGTON: The U.S Department of Justice announced today that it has awarded more than $17.5 million in grants to support the Project Safe Neighborhoods (PSN) Program. Funding will support efforts across the country to address violent crime, including the gun violence that is often at its core. In the State of Georgia, the Criminal Justice Coordinating Council was awarded funding totaling $532,348.
Of that funding, the Southern District of Georgia will receive $105,172. The Northern District will receive $297,151, and the Middle District will receive $130,025.
The Bureau of Justice Assistance, part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“The Project Safe Neighborhoods program plays a vital role in the Southern District as we collaborate with our law enforcement partners to fight violent crime and take firearms away from criminals,” said Southern District of Georgia U.S. Attorney David H. Estes. “The funding from this PSN grant will assist our largest cities with strategies and equipment for making their communities safer.”
“These awards represent a significant commitment in the fight against violent crime and recognition of the hard work being done by law enforcement and community partners to combat gun violence,” said Kurt R. Erskine, U.S. Attorney for the Northern District of Georgia. “The Northern District of Georgia’s Project Safe Neighborhoods strategy focuses on prosecuting repeat violent offenders as well as supporting evidence-based programs that curb recidivism among adult and youthful offenders.”
“These grants are one element of a multi-prong approach to address violence in communities in Georgia,” said Middle District of Georgia U.S. Attorney Peter D. Leary. “By offering financial support for innovative crime solutions, Project Safe Neighborhoods puts the power in the hands of local communities to fight violent crime.”
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please visit: https://www.ojp.gov/sites/g/files/xyckuh241/files/media/document/FY21-Project-Safe-Neighborhoods-Awards.pdf
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 Concludes Investigation into Fatal Shooting in Southeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against the officer from the Metropolitan Police Department (MPD) who was involved in the fatal shooting, in May 2021, of Vedo Hall in Southeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included interviews of civilian and law enforcement witnesses as well as a review of physical evidence, recorded radio communications, Body Worn Camera (BWC) footage, medical reports, and reports from the Metropolitan Police Department.
According to the evidence, shortly after 11 a.m. on May 24, 2021, MPD Seventh District Officers were dispatched to an apartment in the 1200 block of Mississippi Avenue SE, to check on the welfare of a woman who reportedly was being held against her will by her ex-boyfriend, Mr. Hall. Additionally, Mr. Hall was reported to be armed with a firearm. Officers knocked on the apartment door and announced, “police!” Mr. Hall replied, “I’m about to shoot!” The woman was heard from inside the apartment stating, “Please don’t! please don’t!” Mr. Hall then opened the apartment door and again stated, “I’m about to shoot.” Officers saw Mr. Hall was armed with a rifle, and Mr. Hall then closed the door to the apartment.
Members of MPD’s Emergency Response Team (ERT) subsequently breached the door and entered the apartment. They determined that the apartment was empty. A rear window on the apartment was open and the screen had been pushed out. It appeared that Mr. Hall and his ex-girlfriend had fled the apartment before the officers set up a perimeter.
Hours later, at approximately 3 p.m., two other MPD officers responded to the 1300 block of Alabama Avenue SE after MPD developed information that the woman’s cellphone was near that location. The officers exited their patrol vehicle and proceeded to walk westbound in the 1300 block of Alabama Avenue SE.
One officer entered a gate that led to the walkway of the breezeway on the south side of 1351 Alabama Avenue SE. He was immediately confronted by Mr. Hall at the entrance into the breezeway. Mr. Hall was holding a large cardboard box in front of him with both his right and left hands. The officer forced his way between the fence and the side of the building and made his way onto the breezeway. Mr. Hall began to back away from the officer and drew a rifle from the cardboard box he was holding. Mr. Hall’s ex-girlfriend, who had been standing next to Mr. Hall, screamed and ran away. The officer drew his service pistol and backed away from Mr. Hall. The officer yelled, “Stop! Stop! Put it down!” Mr. Hall, with his right hand on the grip of the rifle, took up a shooting stance and pointed his rifle at the officer. The officer then discharged two rounds from his service pistol, striking Mr. Hall once in the face and once in the left leg.
Mr. Hall, 26, died from a gunshot wound to the head.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the officers used excessive force under the circumstances.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
U.S. Attorney’s Office Announces More Than $250k to Support Project Safe NeighborhoodsRead the Press Release
The U.S. Attorney’s Office for the Northern District of Ohio announced today that the Department of Justice has awarded $257,418 in grant funding to support the Project Safe Neighborhoods (PSN) program in the Northern District. This funding will support efforts across the District to address violent crime, including gun violence that is often at its core. The Department of Justice also announced that it has awarded more than $17.5 million nationwide to support PSN programs in other districts.
The Bureau of Justice Assistance (BJA), part of the department’s Office of Justice Programs (OJP), will administer the 88 grant awards, which are being made to designated fiscal agents to support local PSN projects that work in partnership with U.S. Attorneys’ Offices.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
“We are grateful for the Department’s sustained support of Project Safe Neighborhoods and its commitment to funding projects that prioritize public safety and violence prevention for our District’s communities,” said U.S. Attorney Bridget M. Brennan. “This investment will continue to fund and support the work our office, law enforcement partners and community members do to address the most pressing issues facing our communities.”
Grant funding will support activities in the District that bring together federal, state and local law enforcement representatives with community stakeholders to develop a strategic plan to address violent crime. Objectives of this group include building trust and accountability between law enforcement and the community, enhancing crime and intelligence analysis, using data-driven measures to respond to violent crime issues and incorporating prevention and intervention activities to stop future violent crimes.
“Investing in our communities, supporting victims and building a justice system that both keeps people safe and earns their trust – these are mutually reinforcing goals that stand at the heart of Project Safe Neighborhoods,” said Principal Deputy Assistant Attorney General Amy L. Solomon for OJP. “The Office of Justice Programs is pleased to join with our U.S. Attorneys’ Offices, and with jurisdictions across the country, as we work together to meet the challenges of crime and violence and achieve our shared aspirations of public safety and community trust.”
In May 2021, Attorney General Merrick B. Garland announced a new effort to reduce violent crime, including the gun violence that is often at its core. Integral to that effort was the reinvigoration of PSN, a two-decade-old evidence-based and community-oriented program focused on reducing violent crime. The updated PSN approach, outlined in the department’s Comprehensive Strategy for Reducing Violent Crime issued by Deputy Attorney General Monaco, is guided by four key principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence, setting focused and strategic enforcement priorities and measuring the results of our efforts. The fundamental goal is to reduce violent crime, not simply to increase the number of arrests or prosecutions.
This fall, U.S. Attorney’s Offices across the country have enhanced their violent crime reduction efforts to ensure alignment with the department’s comprehensive violent crime reduction strategy. U.S. Attorneys’ Offices have engaged in outreach to law enforcement and other agencies and organizations serving communities to identify the most significant drivers of violence in their districts. Working together with a broad coalition of stakeholders, the U.S. Attorneys’ Offices are addressing the most pressing violent crime issues in their district to make our neighborhoods safer for all.
PSN programs are led by U.S. Attorneys’ Offices in collaboration with local public safety agencies, community stakeholders and other agencies and organizations that work to reduce violent crime.
For a list of all grantees, please click 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 Birge Announces Project Safe Neighborhoods Funding to Promote Violence Prevention and Community Policing in West MichiganRead the Press Release
Local Law Enforcement and Communities Work Together to Reduce Violent Crime and Make Neighborhoods Safer
GRAND RAPIDS, MICHIGAN – United States Attorney Andrew Birge announced today that the Department of Justice has allocated $190,995 to the Western District of Michigan Project Safe Neighborhoods (PSN) grant for the fiscal year 2021. This award is one of 88 issued around the country.
“This latest Project Safe Neighborhoods grant is critical to addressing the violent crime threatening cities and towns all across our country,” said Deputy Attorney General Lisa O. Monaco. “Ensuring the safety of all Americans is the highest priority for the Department of Justice, but when it comes to violent crime, there is not a one-size-fits-all solution. We have to work closely with local public safety agencies as well as community organizations to craft individual strategies unique to each community’s needs. Programs like Project Safe Neighborhoods and the funding it provides allow us to do just that.”
U.S. Attorney Birge explained, the “purpose of this grant funding is to reduce and prevent gun crime by supporting community-based prevention programs and focused, evidence-based law enforcement efforts in areas identified as the most at-risk.”
A committee of local prosecutors and law enforcement chiefs from Battle Creek, Benton Harbor, Kalamazoo, Grand Rapids, Lansing, Muskegon, and Muskegon Heights chooses how to allocate the funds. The committee has previously focused on funding programs that foster cooperation between law enforcement officials, community members, and non-governmental organizations to prevent violence, strengthen relationships between law enforcement officials and the communities they serve, and provide alternative opportunities and activities for those most at risk of becoming involved in violent crime. Last year the PSN grant funded a mentoring and after-school tutoring program with the Boys & Girls Club in Benton Harbor; a faith-based mobile outreach organization operating in areas that suffer from the highest rates of violence and poverty in Lansing; and a series of basketball games in which Muskegon Police Department members played alongside community members.
The United States Attorney’s Office for the Western District of Michigan is committed to supporting local law enforcement, community organizations, and residents to reduce violent crime. Senior Vice President Annette Chapman, of the Battle Creek Community Foundation, is the fiscal agent for the Western District of Michigan’s Project Safe Neighborhoods grant. Her dedication to the grant’s strategy, management, and community stakeholders is essential to the program’s success.
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For more information about the PSN grant request for proposals or an application, please contact Annette Chapman, PSN Fiscal Agent and Senior Vice President at the Battle Creek Community Foundation, at (269) 962-2181 or [email protected]. For other federal grant opportunities, please see www.grants.gov.
U.S. Attorney Announces Unsealing of Indictment Charging 16 Individuals with Cocaine TraffickingRead the Press Release
PITTSBURGH, PA – A federal grand jury in Pittsburgh has returned an Indictment following a five-month long Title III wiretap investigation into a drug trafficking organization. The indictment charges 16 individuals residing across five states - Pennsylvania, Georgia, California, Virginia, and Michigan - with violations of federal drug laws, United States Attorney Cindy K. Chung announced today.
The four-count Indictment, returned on Dec. 7 and unsealed today, names the following 16 individuals as the defendants: - Jamal Stoner, 33, of Pittsburgh, Pennsylvania
- Gordon Johnson, 36, of Atlanta, Georgia
- Bobby Jordan, 34, of West Mifflin, Pennsylvania
- Daniel Johnson, 56, of North Versailles, Pennsylvania
- Wilbert Corley, 34, of Stone Mountain, Georgia
- Kory Singleton, 31, of Stone Mountain, Georgia
- Quamar Linton, 36, of Elizabeth, Pennsylvania
- Jesus Cuevas, 41, of Atlanta, Georgia
- Mary Hester, 45, of Pittsburgh, Pennsylvania
- Kerby Singleton, 30, of Lithonia, Georgia
- Jarviair Jackson, 35, of Douglasville, Georgia
- Paula Crowell, 31, of Sterling Heights, Michigan
- Peter Dawson, 54, of Albuquerque, New Mexico
- Gerard Riley, 50, of Virginia Beach, Virginia
- Quincy Rogers, 35, of Brookhaven, Georgia
- John Heath, 32, of Pittsburgh, PennsylvaniaAccording to the Indictment, from September 2020 through November 2021, the above-named persons did knowingly, intentionally, and unlawfully conspire with persons both known and unknown to the grand jury, to distribute and possess with intent to distribute 5 kilograms or more of cocaine, a Schedule II controlled substance. Additionally, in September 2021, Stoner Dawson, and Riley are alleged to have knowingly, intentionally, and unlawfully possessed with intent to distribute 5 kilograms of more of cocaine. The Indictment further alleges that, in October 2021, Kory Singleton did knowingly, intentionally, and unlawfully possess with intent to distribute 5 kilograms or more of cocaine and that, in November 2021, Jordan did knowingly, intentionally, and unlawfully possess with intent to distribute 500 grams or more of cocaine.
The indictment also seeks the forfeiture of assets alleged to be the proceeds of unlawful drug activity, including: $130,000 seized on July 16, 2021; $37,000 seized on August 25, 2021; and $238,480 seized on September 27, 2021.
“These individuals are charged with the trafficking and distribution of multi-kilogram quantities of cocaine from the source cities of Atlanta, Georgia, and Detroit, Michigan, to the streets of Allegheny County,” said U.S. Attorney Chung. “My office will continue to dismantle drug trafficking networks that poison our communities and threaten the safety of our citizens.”
“These defendants stand accused of distributing significant amounts of cocaine not only across Western Pennsylvania but across other states to include California,” said Paris S. Pratt, Assistant Special Agent in Charge of the Drug Enforcement Administration’s Pittsburgh District Office. “This indictment represents the joint efforts of federal, state, and local law enforcement agencies working together to target drug-trafficking organizations that threaten our region.”
“Illegal drug trafficking not only affects the lives of the addicts and their families, but it also negatively impacts the community as a whole,” said Yury Kruty, Acting Special Agent in Charge of IRS-Criminal Investigation. “My office will continue working with our law enforcement partners to bring charges against individuals who commit crimes like these.”
"Our agents work in coordination with our law enforcement partners to stop these drug trafficking rings and hold their leaders accountable for pumping poison into our streets," said Attorney General Josh Shapiro. "We will continue to do this important work across Pennsylvania to ensure that our neighborhoods are safe."
Pittsburgh Bureau of Police Chief, Scott Schubert added, “Once again, established relationships with our local, state, and federal law enforcement partners have resulted in valuable intelligence-gathering and teamwork. I commend all of the agencies involved for their diligence and expertise. When communication and information-sharing crosses state lines, the outcome is safer communities and lives saved.”
For all defendants, the law provides for a maximum total sentence of not less than 10 years in prison and up to life, a fine of no greater than $10,000,000.00, a term of supervised release of at least five years, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant United States Attorney Katherine C. Jordan is prosecuting this case on behalf of the government.
The Drug Enforcement Administration, Pennsylvania Office of Attorney General, Internal Revenue Service-Criminal Investigation, City of Pittsburgh Bureau of Police, Pennsylvania State Police, New Castle Police Department, Allegheny County Police Department, Robinson Township Police Department, Monessen Police Department and Walton County, Georgia Sheriff’s Department conducted the investigation leading to the Indictment in this case.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Bakersfield Men Charged in Separate Cases for Unlawful Possession of Firearms and AmmunitionRead the Press Release
FRESNO, Calif. — Bakersfield residents Spencer Manning, 27, and Jeremy Albert, 24, were charged today by a federal grand jury in separate indictments with firearm offenses, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Aug. 21, 2021, Manning, a self-admitted member of the Country Boy Crips criminal street gang since as early as 2015, was observed by a grocery store security guard attempting to steal merchandise and placing it in his backpack. Manning physically resisted the security guards’ attempts to detain him as he exited with the stolen merchandise. Responding police officers found a stolen Glock .40-caliber handgun loaded with a high-capacity magazine in Manning’s backpack. Manning is charged with one count of being a felon in possession of a firearm. He may not lawfully possess firearm because he has a prior felony conviction.
According to the court documents in a separate case, on Oct. 13, 2021, Albert was stopped as he was driving in Bakersfield because his vehicle did not have license plates. Law enforcement officers discovered the vehicle’s registration was expired, Albert did not have a driver’s license and was the subject of outstanding arrest warrants. A search of the vehicle revealed a loaded 9 mm handgun under the driver’s seat, which Albert may not lawfully possess because he has two prior felony convictions for firearms offenses.
These cases are the product of investigations by the Federal Bureau of Investigation, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Bakersfield Police Department. Assistant U.S. Attorney Christopher D. Baker is prosecuting the cases.
If convicted, Manning and Albert face a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are 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.
Texan charged with posting child pornography to FacebookRead the Press Release
LAREDO, Texas – A 26-year-old Laredo resident is set to appear in federal court on charges of possessing and distributing child pornography, announced Acting U.S. Attorney Jennifer B. Lowery.
A federal grand jury returned a three-count indictment against Kevin Montemayor Oct. 19.
The indictment was unsealed Dec. 7 upon his arrest. He is set to make his initial appearance before U.S. Magistrate Judge Diana Song Quiroga at 1:30 p.m.
According to the charges, a person linked to an IP address in Laredo had uploaded child pornography to Facebook messenger. Law enforcement conducted a search at the residence and allegedly encountered Montemayor.
A forensic analysis of Montemayor’s seized electronic devices included more than 7,000 images and videos of child pornography, according to the charges. The images allegedly included children as young as 3.
If convicted, Montemayor faces a minimum of five and up to 20 years in federal prison.
Homeland Security Investigations conducted the investigation.
Assistant U.S. Attorney Aaron Petters is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Taunton Man Pleads Guilty to Being a Felon in Possession of Firearm and AmmunitionRead the Press Release
BOSTON – A Taunton man pleaded guilty today to illegally possessing a firearm and ammunition.
Jerrod Lee, 29, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Indira Talwani scheduled sentencing for March 14, 2022. Lee was indicted in October 2020 with co-defendant Ronney Fullard, who pleaded guilty to the same charge on Oct. 6, 2021.
In August 2020, during the execution of an arrest warrant in connection with pending state firearms charges, law enforcement found Lee and Fullard each in possession of a loaded firearm at Lee’s residence. Specifically, Lee possessed a Ruger .45 caliber pistol, Model P90 loaded with five rounds of .45 caliber ammunition and Fullard possessed a Taurus PT 709 9mm pistol loaded with six rounds of 9mm ammunition. Due to prior felony convictions, federal law prohibits both defendants from possessing firearms and ammunition.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district judge based on 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; Boston Police Acting Commissioner Gregory Long; and Taunton Police Chief Edward James Walsh made the announcement today. Assistant U.S. Attorney Sarah Hoefle of Mendell’s Organized Crime and Gang 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.
Tampa Bay Area Man Pleads Guilty to Money Laundering ConspiracyRead the Press Release
Tampa, Florida – Sebastian Visicaro (62, Trinity) today pleaded guilty to conspiracy to commit money laundering. He faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Visicaro used his real estate company, two shell companies, and bank accounts in the companies’ names to launder the proceeds of an international boiler room fraud scheme, which defrauded foreign victims via the sale of worthless investments. Visicaro used the companies and bank accounts to receive fraud proceeds, some of which victims wired directly into these accounts from overseas. More often, fraud proceeds from the victims were wired to United States-based accounts controlled by other conspirators and then later wired to accounts controlled by Visicaro. In such instances, Visicaro’s accounts served as “buffer” accounts, that is, secondary bank accounts used to transfer and conceal foreign victims’ money and avoid detection by banks.
In total, at least $500,000, and potentially as much as $1.5 million, in victims’ funds flowed into Visicaro-controlled accounts. Thereafter, at the direction of other conspirators, Visicaro wired most of the funds to accounts held by boiler room sales agents and co-conspirators at other financial institutions—thereby promoting the scheme, concealing the source of the proceeds, and hindering efforts to locate those proceeds. For his role in the conspiracy, Visicaro received a percentage of the amount of funds he helped to launder.
This case was investigated by Homeland Security Investigations and the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Rachelle DesVaux Bedke and David W.A. Chee.
Sully County Men Indicted on False Statement and Fraud ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that two Sully County, South Dakota, men have been indicted by a federal grand jury for False Statement in Connection with Federal Crop Insurance and Major Fraud Against the United States.
James Garrett, age 67, and Levi Garrett, age 43, were indicted on October 13, 2021. They appeared before U.S. Magistrate Judge Mark A. Moreno on December 6, 2021, and pled not guilty to the Indictment.
The maximum penalty each defendant faces upon conviction is up to 30 years in federal prison and/or a $1,000,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between 2017 and 2020, in Sully County, James Garrett made a total of four false statements in connection with federal crop insurance, while Levi Garrett made one false statement in connection with federal crop insurance. Additionally, in 2020, James Garrett twice executed a fraudulent scheme to receive money from the Coronavirus Relief Fund, which was administered by the State of South Dakota through the Small Business Grant Program.
The charges are merely accusations and James and Levi Garrett are presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Department of Agriculture, Office of the Inspector General and the Risk Management Agency. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
James and Levi Garrett were released on bond pending trial. A trial date has been set for February 15, 2022.
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.
Steelton Borough Man Sentenced to 21 Months’ Imprisonment for Mail FraudRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on December 9, 2021, Imhram Clarke, age 44, of Steelton, Pennsylvania was sentenced to 21 months’ imprisonment for mail fraud by U.S. District Court Judge Christopher C. Conner.
According to United States Attorney John C. Gurganus, Clarke pleaded guilty to a one-count information charging him with mail fraud on March 26, 2021. Between July 2010 and December 2018, Clarke, working with other unnamed co-conspirators, played the role of a middleman or “money mule” in a Jamaica-based fraud scheme in which seven victims, four of whom were age 80 or older, lost around $194,723. Clarke retained a portion of the fraud proceeds sent to him and then transferred the remaining proceeds to other fraudsters in Jamaica via Western Union or MoneyGram money transfers.
One of Clarke's victims was a 93-year-old War II veteran from Ann Arbor, Michigan. From November 2018 until December 2018, the victim was defrauded of about $35,000 or more through a scheme in which victims sent fraudsters money as an “advance” payment in order to redeem a promised sweepstakes prize. This victim mailed money to Clarke’s residence in Steelton, Pennsylvania on multiple occasions, including one mailing of $5,000 in cash that was intercepted by members of the U.S. Postal Inspection Service.
Clarke was also ordered to pay $41,838.50 in restitution and to serve a three-year term of supervised release following his prison sentence.
The case was investigated by the United States Postal Inspection Service. Assistant U.S. Attorney Ravi Romel Sharma prosecuted the case.
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Springfield Man Pleads Guilty to Ammunition OffenseRead the Press Release
BOSTON – A Springfield man pleaded guilty today to being a felon in possession of ammunition.
David Cecchetelli, 54, pleaded guilty to one count of being a felon in possession of ammunition before U.S. District Court Judge Patti B. Saris who scheduled sentencing for March 17, 2022. Cecchetelli was indicted in February 2020.
During a search of Cecchetelli’s residence in December 2019, law enforcement found ammunition in Cecchetelli’s bedroom – concealed under his mattress. Due to a prior conviction in October 2005, Cecchetelli is prohibited from possessing firearms and ammunition.
The charge of being a felon in possession of ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New England Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorney Laura J. Kaplan of Mendell’s Organized Crime & Gang Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Southwest Washington man pleads guilty to being a felon in possession of firearmsRead the Press Release
Tacoma – A 44-year-old Battle Ground, Washington man pleaded guilty late yesterday in U.S. District Court in Tacoma to being a felon in possession of firearms, announced U.S. Attorney Nick Brown. Lynn Manley Cargile was arrested on December 26, 2019, following a six-hour stand-off with police. Cargile was indicted federally in August 2021. He faces up to ten years in prison when sentenced by U.S. District Judge Robert J. Bryan on March 18, 2022.
According to the plea agreement and other records in the case, police were called to Cargile’s home by a 9-1-1 call from his ex-wife who had been assaulted. After a lengthy wait, officers used ‘flash-bang’ devices to get Cargile to leave the house and he was taken into custody. When officers entered the home to secure it for officer safety, they noted numerous firearms. After obtaining a court authorized search warrant, law enforcement discovered a Smith and Wesson AR-15 style rifle with a swastika on the rifle butt and a Black Rain Ordinance short-barreled rifle. Investigators also found two silencers. Cargile is prohibited from possessing firearms due to prior felony convictions in Clark County Washington for attempting to elude (2002 and 2003) and illegal firearms possession (1999 and 2002).
Cargile was in state custody until August 2021 serving a 29-month prison sentence for domestic violence stemming from the same incident.
The case was investigated by the Battle Ground Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case is being prosecuted by Assistant United States Attorney Angelica Williams.
South Florida Woman Sentenced to Federal Prison Term for Illegal Importation of Prescription DrugsRead the Press Release
Miami, Florida – A Boynton Beach, Florida woman who illegally imported unapproved prescription drugs was sentenced today in federal district court in Ft. Pierce to six months in federal prison, to be followed by three years of supervised release.
In August 2018, Jhanna Novikov, 58, agreed to provide “Botox” treatments to an undercover investigator with the Florida Department of Health for $600. Agents of the Food and Drug Administration, Office of Criminal Investigations then searched Novikov’s home, which included an area set up to look like a medical treatment office. Agents seized various drugs containing botulinum toxin, the active ingredient in Botox. However, those drugs had not been approved by FDA and were not properly labeled for shipment in the United States. Agents did not find any Botox or other FDA-approved drugs containing botulinum toxin in Novikov’s home. Forensic analysis of Novikov’s cell phone revealed that Novikov had imported the drugs from Mexico, in violation of the Federal Food, Drug, and Cosmetic Act, and had been importing such drugs since 2016.
Novikov previously pled guilty to one count of importation of merchandise contrary to law. U.S. District Judge Aileen M. Cannon imposed today’s sentence, which also included a fine, a special assessment, and a $6,813.15 restitution order.
Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida, and Special Agent in Charge Justin Fielder, Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office, announced the sentence.
FDA-OCI Miami investigated the case, with assistance from Palm Beach Sheriff’s Office. Assistant U.S. Attorney Marc Osborne prosecuted this case. Assistant U.S. Attorney Gabrielle Charest-Turken is handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-80108.
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Sioux Falls Man Sentenced to 100 Months in Federal Prison for CarjackingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of carjacking was sentenced on December 9, 2021, by U.S. District Judge Karen E. Schreier.
Sterling George Spotted Elk, Jr., age 32, was sentenced to 100 months in federal prison, followed by three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Spotted Elk was indicted for carjacking by a federal grand jury on April 6, 2021. He pled guilty on August 6, 2021.
Between January 15 and 16, 2021, in Sioux Falls, Spotted Elk and an accomplice attempted to forcefully take a motor vehicle, a Honda Accord, from the victim and the victim’s two friends. During the carjacking, Spotted Elk’s accomplice brandished a firearm and threatened the victim and the other occupants of the car. While Defendant Spotted Elk’s accomplice pointed the firearm at the victim, Spotted Elk grabbed the car keys from the victim and took control of the vehicle. Spotted Elk entered the driver’s side and tried to steal the car, but the gear lock was engaged, preventing Spotted Elk and his accomplice from taking the vehicle. Because bystanders were watching this crime take place, Spotted Elk and his accomplice fled the scene.
Spotted Elk's accomplice, Shawn Long, was recently sentenced to 116 months in federal prison.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Spotted Elk was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Charged with Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Cephas Joseph Wood, age 37, was indicted on December 7, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on December 9, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 17, 2021, and November 13, 2021, Wood, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under Federal Law, failed to register and update his registration.
The charge is merely an accusation and Wood is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Wood was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for February 15, 2022.
Serial Armed Robber Sentenced to Life Plus 20 Years in PrisonRead the Press Release
INDIANAPOLIS – An Indianapolis man was sentenced to life plus 20 years in prison for committing a series of violent armed robberies throughout the Indianapolis area in November 2019.
In June 2021, Jerry Davis, 51, was convicted by a jury of robbing four business from November 12, 2019 through November 20, 2019. The employees of two Speedway convenience stores, a Denny’s restaurant, and the Taste of Indiana, were all victimized by Davis. During these robberies, Davis attacked the innocent employees with bear spray, and a large metal pipe.
Davis has a long, violent, criminal history including five prior convictions in state court for robbery and or attempted robbery. Due to his violent criminal history and past convictions for serious violent felonies, Davis received the life plus 20 years sentence pursuant to the federal “three strikes law.”
“Mr. Davis has been victimizing the citizens of this community with his violent behavior for twenty-five years,” said U.S. Attorney Zachary A. Myers. “Each time the defendant returned to the community from prison he could have changed his ways. Instead, he chose to engage in a series of violent attacks against innocent victims. The serious sentence imposed demonstrates that repeat violent offenders will be held accountable for their actions.”
“Identifying Mr. Davis and ending his reign of terror over the community would not have been possible without the ongoing collaboration the FBI has with the Indianapolis Metropolitan Police Department,” said FBI Indianapolis Acting Special Agent in Charge Gregory Nelsen. “It is through such partnerships that we will continue to bring to justice those who think they are above the law and can conduct their illegal activities without repercussions.”
This case was investigated by the Federal Bureau of Investigation’s Violent Crime Task Force, and the Indianapolis Metropolitan Police Department.
Assistant U.S. Attorney’s Peter A. Blackett and Bradley P. Shepard prosecuted the case. It should be noted that there is no parole in the federal system.
Self-Proclaimed Boogaloo Bois Member Sentenced for Illegally Possessing a FirearmRead the Press Release
SAN ANTONIO – A Karnes City man was sentenced yesterday to 24 months in prison for illegally possessing a firearm.
According to court records, on October 28, 2020, FBI agents arrested Cameron Emerson Casey Rankin, 22, at his residence where they recovered a semi-automatic rifle during the execution of a search warrant. The illegally possessed firearm had the capability and means to affect violence in furtherance of his beliefs. Rankin expressed a desire to overthrow the government, specifically, the “three letter agencies” such as ATF, FBI and IRS. Rankin attempted to purchase two long guns from a San Antonio retail outlet on March 23, 2018 but was denied the firearms transactions under the “Prohibited Category” for previously being judicially committed to a mental institution.
On May 30, 2020, Rankin and others, carrying long guns and pistols, appeared at the Alamo in downtown San Antonio to attend a protest in reaction to the death of George Floyd. The next day, Rankin posted on his Facebook account photos of himself and others carrying firearms at the protest as well as comments about his disdain for police including, “…hope they burn the precinct down” and “I’m BOOGALOO we hate police.”
On April 27, 2021, Rankin pleaded guilty to one count of possession of a firearm by one who has been judicially committed to a mental institution. He has been in federal custody since his arrest on October 28, 2020.
U.S. Attorney Ashley C. Hoff of the Western District of Texas; FBI Special Agent in Charge Christopher Combs; and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Special Agent in Charge Fred J. Milanowski made the announcement.
The FBI and ATF investigated the case.
Assistant U.S. Attorneys William R. Harris and Mark T. Roomberg prosecuted the case.
The FBI-Joint Terrorism Task Force investigated this case. This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Russian National Sentenced for Providing Crypting Service for Kelihos BotnetRead the Press Release
A Russian national was sentenced today in Hartford federal court to 48 months in prison for operating a “crypting” service used to conceal the Kelihos malware from antivirus software, which enabled hackers to systematically infect approximately hundreds of thousands of victim computers around the world with malicious software, including ransomware.
According to court documents, Oleg Koshkin, 41, was convicted by a federal jury on June 15 of one count of conspiracy to commit computer fraud and abuse and one count of computer fraud and abuse.
“The defendant provided a critical service used by cybercriminals to evade one of the first lines of cybersecurity defense, antivirus software,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “Cybercriminals depend on services like these to infect computers around the world with malware, including ransomware. The Criminal Division and our law enforcement partners are committed to investigating and prosecuting anyone who criminally operates these services to the fullest extent of the law."
“Koshkin’s unscrupulous websites provided a vital service to cyber criminals, allowing them to hide their malware from antivirus programs and use it to infect thousands of computers all over the world,” said Acting U.S. Attorney Leonard C Boyle of the District of Connecticut. “We will continue to work closely with our investigative partners to root out and prosecute individuals involved across the ransomware spectrum, wherever they try to hide.”
“Today’s sentencing of Oleg Koshkin serves as another example of the risk and consequences awaiting those who choose to commit cybercrimes against the American public,” said Special Agent in Charge David Sundberg of the FBI’s New Haven Division. “For years, Koshkin and his co-conspirators worked to evade our most basic cyber defenses in order to spread malware on a truly global scale. While our work to bring Koshin to justice comes to a close, the FBI will continue to tirelessly defend our country from the ever-evolving cyber threats posed by criminals, terrorists and hostile nation-states.”
According to court documents and evidence presented at trial, Koshkin operated the websites “crypt4u.com,” “fud.bz,” and others. The websites promised to render malicious software fully undetectable by nearly every major provider of antivirus software. Koshkin and his co-conspirators claimed that their services could be used for malware such as botnets, remote access trojans, keyloggers, credential stealers, and cryptocurrency miners.
Koshkin worked with Peter Levashov, the operator of the Kelihos botnet, to develop a system that would allow Levashov to crypt the Kelihos malware multiple times each day. In September 2018, Levashov pleaded guilty to various fraud, conspiracy, computer crime and identity theft offenses.
Koshkin provided Levashov with a custom, high-volume crypting service that enabled Levashov to distribute Kelihos through multiple criminal affiliates. The Kelihos botnet was used by Levashov to send spam, harvest account credentials, conduct denial of service attacks, and to distribute ransomware and other malicious software. According to evidence presented at Koshkin’s sentencing, Kelihos relied on the crypting services provided by Crypt4U from 2014 until Levashov’s arrest in April 2017; and just in the last four months of that conspiracy, Kelihos infected approximately 200,000 computers around the world.
Koshkin’s co-defendant, Pavel Tsurkan, pleaded guilty on June 16 to one count of causing damage to a protected computer, an offense that carries a maximum term of 10 years in prison. He is awaiting sentencing.
The FBI’s New Haven Field Office investigated the case through its Connecticut Cyber Task Force.
Assistant U.S. Attorney Edward Chang of the District of Connecticut and Senior Counsel Ryan K.J. Dickey of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case, with assistance from the Criminal Division’s Office of International Affairs. The Estonian Police and Border Guard Board also provided significant assistance.
The Department of Justice announced in April the creation of the Ransomware and Digital Extortion Task Force to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
Russian National Sentenced for Providing Crypting Service for Kelihos BotnetRead the Press Release
A Russian national was sentenced today to 48 months in prison for operating a “crypting” service used to conceal the Kelihos malware from antivirus software, which enabled hackers to systematically infect approximately hundreds of thousands of victim computers around the world with malicious software, including ransomware.
According to court documents, Oleg Koshkin, 41, was convicted by a federal jury on June 15 of one count of conspiracy to commit computer fraud and abuse and one count of computer fraud and abuse.
“The defendant provided a critical service used by cybercriminals to evade one of the first lines of cybersecurity defense, antivirus software,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “Cybercriminals depend on services like these to infect computers around the world with malware, including ransomware. The Criminal Division and our law enforcement partners are committed to investigating and prosecuting anyone who criminally operates these services to the fullest extent of the law."
“Koshkin’s unscrupulous websites provided a vital service to cyber criminals, allowing them to hide their malware from antivirus programs and use it to infect thousands of computers all over the world,” said Acting U.S. Attorney Leonard C Boyle of the District of Connecticut. “We will continue to work closely with our investigative partners to root out and prosecute individuals involved across the ransomware spectrum, wherever they try to hide.”
“Today’s sentencing of Oleg Koshkin serves as another example of the risk and consequences awaiting those who choose to commit cybercrimes against the American public,” said Special Agent in Charge David Sundberg of the FBI’s New Haven Division. “For years, Koshkin and his co-conspirators worked to evade our most basic cyber defenses in order to spread malware on a truly global scale. While our work to bring Koshin to justice comes to a close, the FBI will continue to tirelessly defend our country from the ever-evolving cyber threats posed by criminals, terrorists and hostile nation-states.”
According to court documents and evidence presented at trial, Koshkin operated the websites “crypt4u.com,” “fud.bz,” and others. The websites promised to render malicious software fully undetectable by nearly every major provider of antivirus software. Koshkin and his co-conspirators claimed that their services could be used for malware such as botnets, remote access trojans, keyloggers, credential stealers, and cryptocurrency miners.
Koshkin worked with Peter Levashov, the operator of the Kelihos botnet, to develop a system that would allow Levashov to crypt the Kelihos malware multiple times each day. In September 2018, Levashov pleaded guilty to various fraud, conspiracy, computer crime and identity theft offenses.
Koshkin provided Levashov with a custom, high-volume crypting service that enabled Levashov to distribute Kelihos through multiple criminal affiliates. The Kelihos botnet was used by Levashov to send spam, harvest account credentials, conduct denial of service attacks, and to distribute ransomware and other malicious software. According to evidence presented at Koshkin’s sentencing, Kelihos relied on the crypting services provided by Crypt4U from 2014 until Levashov’s arrest in April 2017; and just in the last four months of that conspiracy, Kelihos infected approximately 200,000 computers around the world.
Koshkin’s co-defendant, Pavel Tsurkan, pleaded guilty on June 16 to one count of causing damage to a protected computer, an offense that carries a maximum term of 10 years in prison. He is awaiting sentencing.
The FBI’s New Haven Field Office investigated the case through its Connecticut Cyber Task Force.
Assistant U.S. Attorney Edward Chang of the District of Connecticut and Senior Counsel Ryan K.J. Dickey of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case, with assistance from the Criminal Division’s Office of International Affairs. The Estonian Police and Border Guard Board also provided significant assistance.
The Department of Justice announced in April the creation of the Ransomware and Digital Extortion Task Force to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
Ripley Man Pleads Guilty to Possessing Pipe BombRead the Press Release
CHARLESTON, W.Va. – A Ripley man pleaded guilty today to possessing a pipe bomb.
According to statements made in court, on October 6, 2019, Nicholas Boggess, 26, was pulled over by a trooper with the West Virginia State Police. After smelling the odor of marijuana, the trooper obtained consent to search Boggess’s vehicle. A Jackson County Sheriff’s deputy arrived to assist and recovered a pipe bomb in a backpack in the trunk of Boggess’s vehicle.
Boggess pleaded guilty to possession of a firearm not registered in the National Firearms Registration and Transfer Act and faces up to 10 years in prison when sentenced on March 7, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the West Virginia State Police, and the Jackson County Sheriff’s Department. The Kanawha County Sheriff’s Department’s bomb squad assisted in the investigation.
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant U.S. Attorney Nowles Heinrich and former Assistant United States Attorney Ryan A. Saunders are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00296.
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Rialto Man Who Committed $2.4 Million Bank Fraud by Compromising Hundreds of Accounts Sentenced to More Than 4 Years in Federal PrisonRead the Press Release
LOS ANGELES – A San Bernardino County man was sentenced today to 51 months in federal prison for causing more than $2.4 million in losses to Wells Fargo & Co. by orchestrating a scheme in which he gained control of hundreds of other people’s checking accounts to make phony fraud loss claims.
Steven Michael Banks Hubbard Jr., 38, of Rialto, was sentenced by United States District Judge Christina A. Snyder, who also ordered him to pay $2.4 million in restitution.
Hubbard pleaded guilty on June 28 to one count of bank fraud and one count of aggravated identity theft.
From May 2015 to July 2019, Hubbard executed his scheme, first by obtaining control of the checking accounts from the account holders, sometimes using a third party to do so. Hubbard then would deposit money – typically approximately $2,000 – into the account. Typically on the same day or shortly after the deposit, Hubbard withdrew the money from an ATM and also had third parties make purchases from that account. Then, posing as the account holder, he called Wells Fargo to report that the funds had been withdrawn and the purchases made, without authorization.
Relying on Hubbard’s representations that the cash withdrawals and purchases were unauthorized, Wells Fargo granted a provisional credit of funds into the checking account. Once Wells Fargo deposited the provisional credit into the account, Hubbard allegedly immediately withdrew that money as well. In some instances, Hubbard repeated the scheme on the same account until Wells Fargo closed the account due to fraudulent activity.
Hubbard caused more than $2.4 million in losses to Wells Fargo and involved more than 900 bank accounts in this criminal activity. The bank reported Hubbard’s “bust-out” scheme to law enforcement.
“[Hubbard] engaged in a well-developed, but not particularly sophisticated, scheme to defraud over $2.4 million from Wells Fargo,” prosecutors wrote in a sentencing memorandum. “He exploited a policy intended to help real fraud victims obtain immediate relief.”
The FBI investigated this matter with assistance from the United States Secret Service, the Rialto Police Department and investigators from Wells Fargo.
Assistant United States Attorney Jerry C. Yang, Chief of the Riverside Branch Office, prosecuted this case.
Renton, Washington man charged with possession of destructive devices for role in plot to burn Seattle Police Guild building in September 2020Read the Press Release
Seattle – A 34-year-old Renton, Washington, man was arrested today in connection with the plot to burn the Seattle Police Officers Guild building in downtown Seattle in September 2020, announced U.S. Attorney Nick Brown. Justin Christopher Moore will make his initial appearance on the criminal complaint in U.S. District Court in Seattle at 2:00 PM tomorrow.
According to the criminal complaint, Moore was identified as the person carrying a box of 12 Molotov cocktails in a protest march to the Seattle Police Officers Guild (SPOG) building on Labor Day, September 7, 2020. Ultimately the marchers were moved away from the building in downtown Seattle when police smelled gasoline and grew concerned about the intentions of protestors. The box containing the 12 gasoline devices was found in the parking lot next to the SPOG building. Using video from that day and from other protests, as well as information from the electronic devices of other co-conspirators, Moore was confirmed as the person seen carrying the box of destructive devices. Moore was later arrested January 6, 2021, for breaking into the original Starbucks store in Pike Place Market.
In June 2021, law enforcement executed a search warrant at Moore’s residence. They seized clothing that is consistent with the images of what Moore was wearing when he carried the Molotov cocktails. From the basement storage area they also recovered numerous items that are consistent with manufacturing explosive devices such as a four-pound bag of bulk potassium nitrate, and Goex FFFFg black powder, consumer fireworks, chemical heaters for Meal Ready to Eat (MRE), and a 50-pack of Diamond Deluxe matchbooks. Officers also recovered a large assortment of gas masks, wrist rockets, bolt cutters, and climbing harnesses.
Unlawful possession of a destructive device is punishable by up to 10 years in prison.
The charges contained in the criminal complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI, the Bureau of Alcohol, Tobacco, Fireworks & Explosives (ATF), and the Seattle Police Department.
The case is being prosecuted by Assistant United States Attorney Todd Greenberg.
moore_justin_c_complaint.pdfRed Springs Man Sentenced to 10 Years for Firearm CrimeRead the Press Release
RALEIGH, N.C. – Jonathan Revels, 57, from Red Springs was sentenced today to 120 months in prison for possessing a firearm as a convicted felon. A federal jury convicted him in April of 2021.
According to court records and evidence presented at trial, on September 4, 2016, members of the Robeson County Sheriff’s Office and the Red Springs Police Department responded to shots fired at Kate Denny Road. During the investigation, officers learned that the defendant, Revels, was involved in the shooting, which resulted in the death of a male victim. Video evidence showed that Revels brought a firearm to the altercation, which was later recovered by law enforcement. Prior to this date, Revels had been previously convicted in federal court and sentenced to over a decade in federal prison.
Michael F. Easley, Jr., U.S. Attorney for the Eastern District of North Carolina, made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Robeson County Sheriff’s Office, Red Springs Police Department, State Bureau of Investigation, and the Bureau of Alcohol Tobacco and Firearms investigated the case and Assistant U.S. Attorneys Chad Rhoades and Brandon Boykin 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. 7:20-CR-20-BO.
Raleigh County Man Pleads Guilty to Child Exploitation OffenseRead the Press Release
BECKLEY, W.Va. – A Raleigh County man plead guilty today to the sexual exploitation of a child.
According to the plea agreement and statements made in court, Thomas John Mills, 36, of Beckley, admitted that between March and October 2020, he coerced a 15-year-old girl to engage in sexually explicit conduct, including masturbation and the lascivious exhibition of her genitals for the purpose of creating images and videos of this conduct. Mills had the minor take pictures and videos to send to him and had her participate in live video chats where he told her to engage in sexually explicit conduct.
Mills pleaded guilty to production of child pornography and faces at least 15 and up to 30 years in prison when he is sentenced on March 25, 2022.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force and the Raleigh County Sheriff’s Office.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00096.
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Placer County Couple Pleads Guilty to Tax-Related OffensesRead the Press Release
SACRAMENTO, Calif. — A Foresthill couple pleaded guilty today to tax-related offenses, and have agreed to pay over $605,000 in restitution, Acting U.S. Attorney Phillip A. Talbert announced.
Virendra (Vic) Maharaj, 55, pleaded guilty to willfully failing to file tax return information with the U.S. Treasury related to his receipt of cash while engaged in trade or business. Maharaj’s wife, Rosalin R. Prasad, pleaded guilty to a conspiracy to defraud the United States with respect to the Internal Revenue Service’s assessment of income taxes.
According to court documents, Prasad conspired with Maharaj to defraud the IRS in the IRS’s attempts to assess the couple’s tax obligations for the years 2005, 2006, and 2007. Maharaj worked at car dealerships in Sacramento and Woodland in those years and earned substantial income. Several actions were taken to further the conspiracy to thwart the proper assessment of income taxes. Among other things, part of Maharaj’s wages were paid directly to Prasad; part of Maharaj’s compensation was paid directly to Prasad and Maharaj’s creditors through indirect payments; Maharaj took compensation in the form of currency; Prasad improperly deferred around $270,000 in capital gains related to her purchase of a $1.9 million residence; Prasad caused false tax returns to be filed in each of those years; and Prasad made false statements during an IRS audit. Prasad conspired to underreport over $819,000 in income and, in turn, underpay over $184,000 in federal income taxes. She received substantial tax refunds in 2005, 2006, and 2007.
According to court documents, Maharaj was an owner, general manager, and salesperson of Maharaja Motors LLC, which operated a used car lot in Woodland, from approximately 2007 through 2016. In 2015, Maharaj sold a vehicle to a customer and, in turn, received a cash payment of over $10,000. Maharaj willfully failed to file information with the U.S. Treasury, specifically an IRS Form 8300, which is required to be filed by a person engaged in certain trades or businesses, including an automobile sales business, who receives a cash payment exceeding $10,000.
These cases are the product of an investigation by the IRS-Criminal Investigation. Assistant U.S. Attorneys Nirav Desai and Audrey Hemesath are prosecuting the case.
The defendants are scheduled to be sentenced by U.S. District Judge Troy L. Nunley on April 28, 2022. They each face a maximum statutory penalty of five years in prison and a $25,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Pennsylvania man guilty of traveling across state lines to engage in sex with a minorRead the Press Release
CLARKSBURG, WEST VIRGINIA – Mark Sassak, Jr., of Monessen, Pennsylvania, was found guilty today of charges involving a minor, United States Attorney William J, Ihlenfeld, II announced.
After a three-day trial, Sassak, 37, was found guilty of one count of “Travel to Engage in Sexual Activity with a Minor” and one count of “Possession of Child Pornography.” Sassak began talking with whom he believed to be a 15-year-old female through a social media app. That conversation continued through text messages on his cell phone for several weeks. Sassak then asked for an in-person meeting to have sex with the 15-year-old. Sassak then drove from his home in Pennsylvania to a location in Bridgeport, West Virginia in October 2020 for said meeting, where law enforcement arrested him. When a search of Sassak’s cell phone was done, officers found child pornographic videos.
“Protecting children is one of the most important things that we do as federal prosecutors. Thanks to the hard work of the trial team from the U.S. Attorney’s office and the excellent investigation by the Bridgeport Police Department, a dangerous predator has been convicted and young people in our community are safer as a result,” said U.S. Attorney Ihlenfeld.
Sassak faces up to 30 years of incarceration and a fine of up to $250,000 for the travel charge ad faces up to 10 years of incarceration and a fine of up to $250,000 for the pornography charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys David J. Perri and Jennifer T. Conklin prosecuted the case on behalf of the government. The Bridgeport Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.Paterson Felon Sentenced to 57 Months in Prison for Trafficking and Unlawfully Possessing 16 FirearmsRead the Press Release
NEWARK, N.J. – A Paterson man with prior felony convictions was sentenced today to 57 months in prison for illegally transporting and selling 16 firearms for over $8,000 on four occasions beginning in July 2019, Acting U.S. Attorney Rachael A. Honig announced.
Floyd Henry, aka “HK,” 36, pleaded guilty by videoconference before U.S. District Judge Katharine S. Hayden to an information charging him with one count of illegally engaging in the business of dealing in firearms and four counts of possession of firearms and ammunition by a convicted felon.
According to documents filed in this case and statements made in court:
From July 15, 2019, through Sept. 25, 2019, Henry engaged in the business of dealing firearms, while not being a federally licensed importer, licensed manufacturer, or licensed dealer. On four occasions, in Passaic County, Henry sold or attempted to sell a total of 16 firearms, including two semi-automatic rifles, three revolvers, and 11 semi-automatic pistols, as well as over 100 rounds of ammunition, in exchange for over $8,000. Henry had purchased or obtained the firearms and ammunition in other states, transported them to New Jersey, and sold them to an individual in Passaic County.
In addition to the prison term, Judge Hayden sentenced Henry to three years of supervised release.
Acting U.S. Attorney Honig credited Special Agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, under the direction of Special Agent in Charge Jeffrey L. Matthews in Newark; officers with the Passaic County Sherriff’s Office, under the direction of Sheriff Richard H. Berdnik; the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes; and the New Jersey State Police, under the direction of Col. Patrick J. Callahan, with the investigation leading to today’s arrest and charges.
The government is represented by Assistant U.S. Attorney Christopher D. Amore of the U.S. Attorney’s National Security Unit in Newark.
Parent Sentenced in College Admissions CaseRead the Press Release
BOSTON – The former chief executive of a California-based media company was sentenced today in connection with her involvement in the college admissions case.
Elisabeth Kimmel, 56, of Las Vegas, Nev., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to six weeks in prison, two years of supervised release with the first year spent in home confinement, 500 hours of community service and a fine of $250,000. On Aug. 16, 2021, Kimmel pleaded guilty to one count of conspiracy to commit mail and wire fraud.
Kimmel agreed with William “Rick” Singer and others to pay $275,000 to facilitate her daughter’s admission to Georgetown University by having Georgetown tennis coach Gordon Ernst allocate a tennis admission slot to her daughter, even though she was not a competitive tennis player and was not actually being recruited to play on the Georgetown tennis team. Kimmel further agreed with Singer and others to pay $250,000 to facilitate her son’s admission to the University of Southern California as a pole vault recruit, even though he was not a pole vaulter.
Kimmel is the 29th parent to be sentenced in the case. Singer and Ernst previously pleaded guilty and are pending sentencing.
Case information, including the status of each defendant, are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Leslie A. Wright, Kristen A. Kearney, Ian J. Stearns, and Stephen E. Frank of Mendell’s Securities, Financial and Cyber Fraud Unit prosecuted the case.
The remaining defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Palm Beach Gardens Resident Charged with Threatening Members of Congress Appears in Federal CourtRead the Press Release
Miami, Florida – This week, 60-year-old Paul Vernon Hoeffer was arraigned in federal court in West Palm Beach on charges that he called and threatened to injure two members of Congress and a district attorney.
The indictment charges Hoeffer with three counts of interstate transmission of threats to injure. According to allegations made by prosecutors during a court hearing, in March 2019, Hoeffer called a congresswoman in Washington, D.C., and threatened to come a “long, long, way” to rattle her head with bullets and cut her head off. On the same day, Hoeffer called a district attorney in the State of Illinois, telling her bullets were going to “rattle her brain,” it is alleged. In November 2020, Hoeffer called another congresswoman, this time in New York. Hoeffer told her that he would “rip her head off” and cautioned her to sleep with one eye open, according to allegations made by prosecutors.
If convicted, Hoeffer faces a total of up to 15 years in prison. Hoeffer pled not guilty during the arraignment. His trial is set to start during the two-week period beginning January 18, 2022. Particular trial dates will be addressed during calendar call before U.S. District Judge Aileen M. Cannon on January 11, 2022.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, FBI Miami, made the announcement.
FBI Miami investigated this case. Assistant U.S. Attorney Luisa Honora Berti is prosecuting it.
An indictment is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-14042.
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Norristown Man Indicted on Charges of Trafficking in Counterfeit MerchandiseRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Alpha Jalloh, age 48, of Norristown, Pennsylvania, was indicted by a federal grand jury on charges of trafficking in counterfeit merchandise. The indictment was unsealed following Jalloh’s arrest.
According to United States Attorney John C. Gurganus, the indictment alleges that on December 9, 2020 and February 26, 2021, Jalloh possessed and sold counterfeit designer merchandise, including Gucci, Nike/Air Jordan and Michael Kors items in Luzerne County.
The case was investigated by Homeland Security Investigations (HSI), the Pennsylvania State Police, and the Wilkes-Barre City Police Department. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Indictments 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 penalty under federal law for this offense is 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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Nicholas County Man Pleads Guilty to Federal Fraud ChargeRead the Press Release
BECKLEY, W.Va. – James Woods, Jr., 48, of Craigsville, pleaded guilty today to wire fraud.
At the plea hearing, Woods admitted that in May of 2016, he applied for a line of credit at a commercial equipment supplier in Beckley. When Woods applied for a line of credit, he fraudulently did so under the name of another construction business that Woods did not actually own. Woods admitted to the Court that he did not have permission from the owner of the business to apply for the line of credit at this store to lease commercial construction equipment. The credit application was transmitted to Cross Lanes and eventually out of West Virginia where it was approved for $10,000. Woods then used the line of credit to lease a CASE Model 850 bulldozer and it was delivered to a jobsite that Woods controlled. Once the owner of the business learned about the fraudulent line of credit, the equipment rental store was contacted and the bulldozer was recovered by the West Virginia State Police and the equipment provider.
Woods faces as much as 20 years in prison when he is sentenced on March 18, 2022.
United States Attorney Will Thompson made the announcement and credited the investigative work of the Department of Justice, Office of Inspector General who uncovered the fraud in conjunction with a larger fraud investigation. The West Virginia State Police also helped with the equipment recovery.
United States District Judge Frank W. Volk presided over the plea hearing. Assistant United States Attorneys Erik S. Goes and Kathleen Robeson handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:20-cr-00001.
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Newark Man Indicted on Federal Child Pornography ChargesRead the Press Release
WILMINGTON, Del. – David C. Weiss, U.S. Attorney for the District of Delaware, announced that a federal grand jury sitting in Wilmington returned an indictment on December 7 charging Melvin Janvier, III, 34, of Newark, Delaware, with distributing and possessing child pornography during July 2021.
Janvier has been in state custody since his July 20, 2021 arrest. If convicted, Janvier faces a mandatory minimum penalty of 15 years in prison, with a maximum penalty of 40 years’ incarceration. 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.
U.S. Attorney Weiss commented, “The production, distribution, and collection of child pornography is a heinous shadow industry that targets the most vulnerable among us – our children. Our office is dedicated to combatting this abhorrent industry and bringing those who lurk in its shadows to justice.”
The case was investigated by the Crimes Against Children and Human Trafficking Squad of the FBI Maryland Child Exploitation Task Force. Assistant U.S. Attorney Briana Knox is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
New Orleans Man Sentenced for Firearms and Drug CrimesRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that DAVONTE DEJEAN, age 27, of New Orleans, was sentenced on November 30, 2021 by United States District Judge Greg G. Guidry after previously pleading guilty to drug and firearms offenses.
Specifically, DEJEAN previously pled guilty to one count of possession with the intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), one count of possession of a firearm during and in relation to a drug trafficking offense, and one count of being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).
According to court documents, DEJEAN possessed a Glock .40 caliber firearm and 13 bullets on May 22, 2017, and possessed with the intent to distribute a quantity of cocaine base on May 22, 2017.
In total, Judge Guidry sentenced DEJEAN to 190 months of imprisonment, followed by 3 years of supervised release, and a $300 special assessment fee.
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 Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jefferson Parish Sheriff’s Office, and the St. Bernard Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
New Hampshire Roofing Contractor Sentenced for Filing a False Tax ReturnRead the Press Release
BOSTON – A New Hampshire roofing contractor was sentenced today in federal court in Boston in connection with failing to report income from his roofing and siding business to the Internal Revenue Service (IRS).
Ronald McPhail, 53, of Windham, N.H., was sentenced today by U.S. Senior District Court Judge George A. O’Toole Jr. to one year and one day in prison and one year of supervised release. McPhail was also ordered to pay a fine of $10,000 and restitution in the amount of $708,494 to the IRS. On June 8, 2021, McPhail pleaded guilty to one count of filing a false tax return.
McPhail owed more than $700,000 in income taxes to the IRS after he failed to report more than $7.1 million in revenue and approximately $2.43 million in income from his roofing and siding business on his federal tax returns for tax years 2014 through 2019. To conceal his scheme, McPhail cashed customer checks without first depositing them and withheld information concerning these checks and other business revenues from his tax preparers. Additionally, McPhail concealed his income by requesting payment from his customers in several sequentially numbered checks in amounts less than $10,000 and then cashing them at different bank branches on different days.
Acting United States Attorney Nathaniel R. Mendell and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston made the announcement today. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Mendell’s Securities, Financial & Cyber Fraud Unit, prosecuted the case.
Nampa Man Sentenced to over 4 Years in Federal Prison for Possession of a Sawed-Off ShotgunRead the Press Release
BOISE – A Nampa man was sentenced to 51 months in federal prison for possession of an unregistered firearm and the unlawful possession of a firearm.
According to court records, on April 27, 2019, police received a call regarding a disoriented male with a vehicle that had broken down in Canyon County. Police responded and located Paul Clements, 58, of Nampa, by a pickup truck with the hood open. Clements was arrested on outstanding warrants and police searched the pickup truck. Under the driver’s seat, police located a sawed-off shotgun. Clements is prohibited from possessing firearms due to a prior felony burglary conviction and was on probation at the time of the offense. Additionally, the sawed-off shotgun was not registered to Clements under the National Firearms Registration and Transfer Record, as is required by law.
Senior U.S. District Judge B. Lynn Winmill also ordered Clements to serve three years of supervised release following his prison sentence. Clements pleaded guilty to the charges on September 13, 2021.
Acting U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the cooperative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Canyon County Sheriff's Office, which led to charges.
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.
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Montana Man Sentenced to 18 Months in Prison in Connection with $43 Million Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that TODD CAPSER was sentenced yesterday by U.S. District Judge J. Paul Oetken to 18 months in prison in connection with a $43 million fraud scheme. CAPSER pled guilty before Judge Oetken on July 2, 2019.
According to the Indictment and other publicly filed documents, from January 2016 through April 2019, CAPSER perpetrated a scheme to defraud a financial institution based in Toronto, Canada (“Financial Institution-1”), by inducing it, through false and misleading representations and omissions, to loan approximately $43.3 million to CAPSER for the purchase of two chemical and oil tankers (the “Tankers”).
After obtaining the loan from Financial Institution-1 and purchasing the Tankers, CAPSER attempted to induce at least nine other Financial Institutions to loan between $46 million and $52 million each to refinance the original loan.
CAPSER fraudulently induced Financial Institution-1 to make the $43 million loan, and attempted to induce the other Financial Institutions to make the $46 million to $52 million refinancing loans, through, among other things: (a) fraudulently obtaining documents from a company that provides wealth management services to private clients (“Trust Company‑1”); (b) altering the Trust Company-1 documents, and forging additional Trust Company-1 documents, to make it appear as though his father held an investment portfolio at Trust Company-1 composed of securities worth tens of millions of dollars, which could serve as collateral for the loans; (c) sending the altered and forged Trust Company-1 documents to certain of the Financial Institutions; (d) creating fake email accounts for employees of Trust Company-1, and sending emails from those accounts to certain of the Financial Institutions to make it appear as though his father held an investment portfolio at Trust Company-1 composed of securities worth tens of millions of dollars; and (e) making false and misleading representations and omissions about the financial assets of CAPSER, his father, and their family to certain of the Financial Institutions, including falsely claiming to own a cattle company and ranch.
In addition, in an effort to engender sympathy, deflect questions, and explain suspicious behavior, CAPSER falsely represented to certain of the Financial Institutions that his daughter was terminally ill with cancer.
After being charged and arrested in connection with the foregoing fraud scheme in May 2019, and pleading guilty in July 2019, CAPSER attempted to commit a distinct fraud while awaiting sentencing.
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In addition to yesterday’s prison sentence, CAPSER, 50, of Billings, Montana, was sentenced to three years of supervised release.
Mr. Williams praised the outstanding investigative work of the FBI. He also thanked the FBI’s Billings Resident Agency for its assistance with the investigation.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys David J. Robles and Benjamin Woodside Schrier are in charge of the prosecution
Monsanto Agrees to Plead Guilty to Illegally Using Pesticide at Corn Growing Fields in Hawaii and to Pay Additional $12 MillionRead the Press Release
LOS ANGELES – In court documents filed today in Hawaii, Monsanto Company agreed to plead guilty to 30 environmental crimes related to the use of a pesticide on corn fields in Hawaii, and the company further agreed to plead guilty to two other charges related to the storage of a banned pesticide that were the subject of a 2019 Deferred Prosecution Agreement (DPA).
Monsanto admitted in a plea agreement filed today that it committed 30 misdemeanor crimes related to the use of a glufosinate ammonium-based product sold under the brand name Forfeit 280. After using the product in 2020 on corn fields on Oahu, Monsanto allowed workers to enter the fields during a six-day “restricted-entry interval” (REI) after the product was applied.
The plea agreement calls for Monsanto to serve three years of probation, pay a total of $12 million and continue for another three years a comprehensive environmental compliance program that includes third-party auditor.
As a result of the conduct in which Monsanto allowed workers on 30 occasions to enter fields sprayed with Forfeit 280 during the REI, the company violated a 2019 DPA related to the storage of a banned pesticide. According to the documents filed today, Monsanto will plead guilty to two felony charges filed in 2019 that the government would have dismissed if the company had complied with federal law. In conjunction with the DPA related to the two felony charges of illegally storing an acute hazardous waste, Monsanto pleaded guilty in early 2020 to a misdemeanor offense of unlawfully spraying a banned pesticide – specifically methyl parathion, the active ingredient in Penncap-M – on research crops at one of its facilities on Maui.
“Monsanto is a serial violator of federal environmental laws,” said United States Attorney Tracy L. Wilkison. “The company repeatedly violated laws related to highly regulated chemicals, exposing people to pesticides that can cause serious health problems.”
“The defendant in this case failed to follow regulations governing the storage of hazardous wastes and the application of pesticides, putting people and the environment at risk,” said Scot Adair, Special Agent in Charge of the Environmental Protection Agency’s criminal enforcement program in Hawaii. “Today’s plea agreement shows that EPA will hold responsible those who violate laws designed to protect communities from exposure to hazardous chemicals.”
In the new case filed today, Monsanto admitted that “due to a lack of oversight and supervision by Monsanto,” its workers violated a change to the REI period after the spraying of Forfeit 280 “by entering the fields 30 times to perform field-corn scouting within six days of spraying.” (“Corn scouting” consists of checking the corn for things such as weeds, insects and disease.) The REI change for Forfeit 280 – which was extended from 12 hours to six days – was part of an industry-wide change for products containing glufosinate ammonium prompted by an EPA decision in late 2016.
Monsanto admitted that it violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which regulates the registration, sale, distribution and use of pesticides, by failing to comply with Forfeit 280’s labeling. The label for Forfeit 280 stated: “It is a violation of Federal law to use Forfeit 280 in a manner inconsistent with its label.” Monsanto illegally used Forfeit 280 on Oahu facilities known as Lower Kunia and Haleiwa.
In the 2019 case related to Penncap-M, Monsanto pleaded guilty to a misdemeanor offense of unlawfully spraying the banned pesticide on corn seed and research crops at its Valley Farm facility on Maui in 2014. Monsanto admitted using Penncap-M in violation of FIFRA, even though the company knew its use was prohibited after 2013 pursuant to a “cancellation order” issued by the EPA. The company further admitted that, after the 2014 spraying, it told employees to re-enter the sprayed fields seven days later – even though Monsanto knew that workers should have been prohibited from entering the area for 31 days.
The felony offenses covered by the DPA – the two charges to which Monsanto will plead guilty – are the unlawful storage of an acute hazardous waste in violation of the Resource Conservation and Recovery Act (RCRA). Penncap-M was a “restricted use pesticide” that could not be purchased or used by the public, and it could only be used by a certified applicator because of the possible adverse effects to the environment and injury to applicators or bystanders that could result.
From March 2013 through August 2014, even though the pesticide was on the company’s lists of chemicals that needed disposal, Monsanto stored 160 pounds of Penncap-M hazardous waste at a facility on Molokai, which made Monsanto a “Large Quantity Generator” of hazardous waste under RCRA. “Monsanto knew that Penncap-M had the substantial potential to be harmful to others and to the environment,” it admitted in the documents filed today.
In addition to spraying the banned pesticide at one of its three facilities on Maui, Monsanto also stored a total of 111 gallons of Penncap-M at Valley Farm and two other sites known as Maalaea and Piilani. Just like on Molokai, the storage of Penncap-M at the three Maui sites made Monsanto a “Large Quantity Generator” of acute hazardous waste at the three locations, according to court documents.
Furthermore, when it transported Penncap-M to its Valley Farm site in 2014, the company violated federal law when it failed to use a proper shipping manifest to identify the hazardous material and when it failed to obtain a permit to accept hazardous waste at that site.
In relation to the DPA and the prior guilty plea, Monsanto paid $10.2 million – a $6 million criminal fine under the DPA, a $200,000 fine for the FIFRA offense, and $4 million in community service payments to Hawaiian government entities.
In the plea agreement filed today, Monsanto agreed to pay another $6 million criminal fine, as well as an addition $6 million in community service payments. Four Hawaiian agencies will receive $1.5 million payments:
- The Department of Agriculture, Pesticide Use Revolving Fund – Pesticide Disposal Program/Pesticide Safety Training;
- the Department of the Attorney General, Criminal Justice/Investigations Division;
- the Department of Health, Environmental Management Division, to support environmental-health programs; and
- the Department of Land and Natural Resources, Division of Aquatic Resources.
As a result of the two actions taken by the Justice Department, Monsanto has agreed to pay a total of $22.2 million for the two RCRA felonies and the 31 FIFRA misdemeanor offenses.
Monsanto has agreed to have representatives appear in United States District Court in the near future to enter guilty pleas to a total of 32 offenses.
The sentence detailed in the court documents today are subject to the approval of United States District Judge J. Michael Seabright.
This case is the result of an investigation by the U.S. Environmental Protection Agency, Criminal Investigation Division.
This matter is being prosecuted by Assistant United States Attorneys Erik M. Silber and Dennis Mitchell of the Environmental and Community Safety Crimes Section and Mark A. Williams, Chief of the Environmental and Community Safety Crimes Section. In this case, these prosecutors are acting as special attorneys appointed by the Attorney General pursuant to 28 U.S.C. § 515. The United States Attorney’s Office for the District of Hawaii was recused from this investigation.