Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Thursday 21 October 2021
Mexican national pleads guilty to transporting people resulting in deathRead the Press Release
LAREDO, Texas – A 23-year-old man unlawfully residing in Laredo has admitted to conspiracy to transport 12 undocumented citizens, announced Acting U.S. Attorney Jennifer B. Lowery.
On April 22, Jesus Martinez-Villela attempted to flee authorities by driving off-road near Encinal. They ultimately located his abandoned truck with an injured person on the ground near it. Another victim was found unresponsive in the bed of the truck. He was pronounced dead on scene.
Law enforcement conducted a search of the surrounding area and eventually apprehended 12 additional people. All were determined to be undocumented citizens illegally present in the United States. Some of those were transported to a local hospital to be treated for their injuries.
Sentencing will be set at a later date before U.S. District Judge Marina Garcia Marmolejo. At that time, Martinez-Villela faces up to life imprisonment as well as a possible $250,000 maximum fine.
He has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Border Patrol and Texas Department of Public Safety. Assistant U.S. Attorney Yoona Lim is prosecuting the case.
Man sentenced to prison for meth trafficking in Great Falls and cross- country crime spree involving stolen ATVsRead the Press Release
GREAT FALLS — A Florida man who admitted to trafficking methamphetamine in Great Falls and to transporting $80,000 in stolen ATVs and other property in a cross-country crime spree that ended in Missouri was sentenced today to 11 years and four months in prison and to be followed by four years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Harold Goodson Hill, 37, pleaded guilty in July to possession with intent to distribute meth and to interstate transportation of stolen property.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $70,364 restitution.
The government alleged in court documents that in September 2020, the Great Falls Police Department responded to a series of theft complaints around town of various items, including an ATV from a pickup truck. While responding to a report, officers found Hill asleep in the driver’s seat of a vehicle and seized stolen items found in the vehicle. In October 2020, law enforcement learned Hill had been selling meth in Great Falls and that he was receiving suspicious packages from Las Vegas to an address he had in Townsend. Officers stopped Hill after he picked up a package at the Townsend post office, seized the package and determined it contained 1.9 pounds of meth. Hill told agents he had come to Montana from Virginia in April 2020 and admitted to distributing meth. The agents released Hill.
The government further alleged that Hill rented a 26-foot Penske truck in Whitehall on Oct. 29, 2020. A trooper in Missouri ultimately stopped the Penske truck, which was pulling a trailer that had been stolen from Broadwater County. Hill was the driver and sole occupant of the truck. Officers searched the truck and trailer and found five ATVs and a UTV that had been stolen in Montana and South Dakota, along with a Toro lawnmower and other items. The estimated value of the stolen items was $80,000.
Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI, Drug Enforcement Administration, Great Falls Police Department, Russell Country Drug Task Force, Broadwater County Sheriff’s Office, U.S. Postal Service, Gallatin County Sheriff’s Office, South Dakota Division of Criminal Investigation, Belle Fourche Police Department, South Dakota, Sioux Falls Police Department, South Dakota, and Missouri State Highway Patrol.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
XXX
Long-Time Fugitive Sentenced to 51 Months in Prison for Scheme to Steal 94,000 Debit and Credit Cards from Michaels’ Stores in 19 StatesRead the Press Release
CAMDEN, N.J. – A California man was sentenced today to 51 months in prison for his role in a conspiracy to steal 94,000 credit and debit cards from customers at approximately 80 Michaels’ Stores in 19 states and to then use that information to make fraudulent withdrawals from the bank accounts of those customers, Acting U.S. Attorney Rachael A. Honig announced.
Jose Salazar, aka “Tito,” 45, of Riverside, California, previously pleaded guilty by videoconference before U.S. District Judge Joseph H. Rodriguez to Count 1 of an indictment charging him with conspiracy to commit bank fraud. Judge Rodriguez imposed the sentence by videoconference today.
According to documents filed in this case and statements made in court:
Salazar and his conspirators installed devices that acquired customers’ bank account and personal identification number (PIN) information on point of sale (POS) terminals at stores operated by Michaels. The stolen account information was used to produce counterfeit bank cards, which were used with the stolen PINs to withdraw funds from the compromised bank accounts.
The conspirators allegedly replaced POS terminals in 80 different stores operated by Michaels across 19 states, including New Jersey, with counterfeit POS devices. Each counterfeit device was equipped with wireless technology, which the conspirators used to retrieve the stolen information. From February 2011 to April 2011, conspirators stole approximately 94,000 debit and credit card account numbers.
In 2011, Salazar recruited individuals to participate in the conspiracy. From April 2011 to May 2011, Salazar, Angel Angulo and others obtained counterfeit cards with the corresponding PIN numbers written on them from other conspirators. They used the cards and PIN numbers to withdraw money using automated teller machines (ATMs) from hundreds of bank accounts. Angulo pleaded guilty on June 20, 2017, and was sentenced on March 15, 2018, to three years in prison.
In addition to the prison term, Judge Rodriguez sentenced Salazar to five years of supervised release and ordered him to pay restitution of $617,534.94.
Acting U.S. Attorney Honig credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Henry in Philadelphia, for the investigation leading to today’s sentencing. She also thanked special agents with the U.S. Marshal Service, under the direction of Juan Mattos, and the International Criminal Police Organization for their assistance.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the U.S. Attorney’s Office Economic Crimes Unit.
Defense counsel: Richard Sparaco Esq., Camden
Letcher County Teacher Convicted of Producing Child Pornography and CyberstalkingRead the Press Release
LONDON, Ky. – A Letcher County Middle School teacher was convicted late Wednesday, by a federal jury sitting in London, of producing child pornography and cyberstalking a student.
The jury convicted Charles Evans Hall Jr., 48, after 30 minutes of deliberations, following a three-day trial.
According to the evidence at trial, Hall persuaded a child to setup a secret Snapchat account. Hall then manipulated the child into creating and transmitting sexually explicit pictures and videos over a seven-month period. Hall used physical molestation to coerce and entice the minor into producing additional images.
The Kentucky State Police (KSP) seized Hall’s cell phone on November 20, 2018. Despite that, Hall still used Instagram to engage in cyberstalking. Hall repeatedly contacted the victim, asking her to destroy evidence, and ultimately threatened the child when she did not help him do so. KSP then arrested Hall on November 30, 2018. Despite that, Hall had his cellmate communicate with a co-conspirator, outside of the jail, to continue the cyberstalking campaign against the child, using Facebook. Hall told the victim to make another statement to law enforcement, to clear him of the charges. Hall also used his mother’s public Facebook page to relay messages to the victim.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation (FBI) Louisville Division; and Col. Phillip Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the jury’s verdict.
The investigation was conducted by the FBI and the Kentucky State Police Electronic Crimes Branch. The United States was represented in the case by Assistant U.S. Attorney Jenna E. Reed.
Hall will appear for sentencing on February 22, 2022. He faces a maximum of 35 years in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing the sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
— END —
Lackawanna County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Douglas Richard Spencer, age 39, of Jefferson Township, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearm charges.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on June 9, 2021, in Lackawanna County, Spencer possessed with the intent to distribute over 50 grams of methamphetamine. The indictment also alleges that Spencer, a felon not permitted to possess firearms, possessed several firearms in furtherance of his drug trafficking activities.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police (PSP). Assistant United States Attorney Jeffery St John is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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 these offenses is life 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.
# # #
Kansas Man Pleads Guilty to Water Facility TamperingRead the Press Release
TOPEKA, KAN. – A Kansas man pleaded guilty to tampering with the computer system at a drinking water treatment facility in Ellsworth County. Wyatt Travnichek, 23, of Lorraine pleaded guilty to one count of tampering with a public water system and one count of reckless damage to a protected computer system during unauthorized access.
According to court documents, the Post Rock Rural Water District hired Travnichek in January 2018, and his duties included monitoring the plant after hours using a remote login system. Travnichek resigned his position in January 2019. On March 27, 2019, the remote log in system was used to shut down the plant and turn off one of its filters. Investigators established Travnichek’s cell phone was used to perpetrate the intrusion, and that the phone was in his possession at the time of the shutdown. He told investigators he was intoxicated and didn’t remember anything about the night of March 27, 2019.
The Environmental Protection Agency, the Federal Bureau of Investigation and the Kansas Bureau of Investigation investigated the case.
“Ensuring the security of our nations cyber infrastructure is one of the FBI’s top priorities and the plea underscores the joint dedication to that effort by the FBI, EPA and the Kansas Bureau of Investigation. There is no doubt that Travnichek’s intentional actions directly placed the public in harm’s way. The plea should send a clear message to anyone who attempts to tamper with public facilities – law enforcement will remain resolute in investigating any and all threats that put the public’s health at risk,” said FBI Special Agent in Charge Charles Dayoub.
“Protecting America's drinking water is a top EPA priority,” said Special Agent in Charge Lance Ehrig of the EPA’s Criminal Investigation Division in Kansas. “EPA will continue our focused efforts with DOJ and the states as we investigate and pursue any threats that might be directed toward vital community drinking water resources.”
The parties recommend a prison sentence of 12 months and one day on counts one and two to run concurrently. However, a district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Christine Kenney is prosecuting the case.
###
Justice Department Reaches Settlement to Remedy Severe Racial Harassment of Black and Asian-American Students in Utah School DistrictRead the Press Release
The Department of Justice’s Civil Rights Division and the United States Attorney’s Office for Utah announced a settlement agreement with Davis School District in Utah to address race discrimination in the district’s schools, including serious and widespread racial harassment of Black and Asian-American students. The department opened its investigation in July 2019 under Title IV of the Civil Rights Act of 1964.
The investigation revealed persistent failures to respond to reports of race-based harassment of Black and Asian-American students by district staff and other students. The department’s review, which focused on 2015-2020, found hundreds of documented uses of the N-word, among other racial epithets, derogatory racial comments, and physical assaults targeting district students at dozens of schools. The department concluded that for years, Davis’s ineffective response left students vulnerable to continued harassment and that students believed the district condoned the behavior. The department also found that Davis disciplined Black students more harshly than their white peers for similar behavior and that Davis denied Black students the ability to form student groups while supporting similar requests by other students. Black and Asian-American students are each roughly 1 percent of the approximately 73,000 students enrolled in the district.
“Pervasive racial harassment and other forms of racial discrimination in public schools violate the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “This agreement will help generate the institutional change necessary to keep Black and Asian-American students safe. We look forward to Davis demonstrating to its students and school community that it will no longer tolerate racial discrimination in its schools.”
“The Justice Department thanks the many parents and students who came forward and shared their experiences and the Davis School District for its cooperation with our investigation,” said Acting United States Attorney Andrea Martinez for the District of Utah. “As the federal partners who work and live in this community, we are hopeful that this agreement is the start of a new chapter in which Black and Asian-American students will attend Davis schools without fear.”
Under the agreement, Davis will retain a consultant to review and revise anti-discrimination policies and procedures and support the district as it undertakes significant institutional reforms. Among other steps, Davis will:
- create a new department to handle complaints of race discrimination;
- train staff on how to identify, investigate, and respond to complaints of racial harassment and discriminatory discipline practices;
- inform students and parents of how to report harassment and discrimination;
- create a centralized, electronic reporting system to track and manage complaints and Davis’s response to complaints;
- implement student, staff, and parent training and education on identifying and preventing race discrimination, including discriminatory harassment;
- analyze and review discipline data and amend policies to ensure non-discriminatory enforcement of discipline policies; and
- develop a districtwide procedure to assess requests for student groups and treat such requests fairly.
Protecting the constitutional rights of public school students is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
View the summary of the agreement here.
Judge sentences Lake St. Louis man for enticement of a minor and receiving child pornographyRead the Press Release
ST. LOUIS – Larry Deutsch, age 55 of Lake St. Louis, Missouri, appeared before United States District Court Judge John A. Ross on October 21, 2021. Deutsch pleaded guilty and was sentenced to 144 months in federal prison to be followed by a lifetime of supervised release for coercion and enticement of a minor and receiving child pornography.
The defendant met the minor victim while he was serving as the Bishop for a Mormon
church attended by the minor and her family. The family moved out of state and Deutsch maintained contact with the minor as a trusted adult in her life and that of her family. In October 2019, the defendant via the internet and cellular telephones convinced the minor to create and send to him nude images of herself. Deutsch also sent the minor nude images of himself. The family discovered the inappropriate conduct and took steps to prohibit further contact. In February 2020, the defendant flew across the country and picked up the minor, violating an order of protection the family had previously obtained. Without the consent of the parents, Deutsch and the minor responded back to St. Louis where he provided the minor an apartment.
Law enforcement officers in St. Louis were contacted to assist in locating the minor and contacted Deutsch. It was determined that Deutsch was keeping the minor in an apartment he had rented in St. Louis County. The investigation revealed on the personal electronics belonging to the defendant, numerous child pornography images of the minor victim.
This case was investigated by the St. Charles County Police Department, the Missouri Internet Crimes Against Children Task Force and the Federal Bureau of Investigation.
Iowa Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Inwood, Iowa, man convicted of Failure to Register as a Sex Offender was sentenced on October 15, 2021, by U.S. District Judge Karen E. Schreier.
Kyle William King, age 35, was sentenced to 21 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
King was indicted by a federal grand jury on April 6, 2021. He pled guilty on July 19, 2021.
The conviction stems from King failing to register as a sex offender as required by federal law between October 1, 2020, and February 8, 2021. King had previously been convicted of a sex offense in state court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
King was immediately turned over to the custody of the U.S. Marshals Service.
Hull Man Pleads Guilty to Fraud Charge Arising from Fraudulent CARES Act Small Business LoansRead the Press Release
BOSTON – A Hull man pleaded guilty today in federal court in Boston in connection with submitting fraudulent documentation in order to receive CARES Act small business loans.
Shane Spierdowis, 31, pleaded guilty to one count of wire fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Feb. 24, 2022. Spierdowis was indicted on March 30, 2021.
Spierdowis used false Social Security numbers and fraudulent documentation to apply for federally funded Small Business Administration (SBA) loans issued in connection with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Spierdowis obtained an SBA Paycheck Protection Program loan of $101,517 in the name of a Limited Liability Company (LLC), the funds for which were wired to a bank in Massachusetts. Spierdowis provided a fraudulent corporate bank statement reflecting a balance exceeding $220,000 but dated before the pertinent bank account was ever opened.
Spierdowis also obtained an SBA Economic Injury Disaster loan (EIDL) in the amount of $89,900 using a separate LLC. With respect to both loans, Spierdowis used Social Security numbers different from his own. He also submitted fraudulent federal tax forms for both LLCs that included his signature, as president of each LLC, and the purported payment of hundreds of thousands of dollars in wages to LLC employees during each quarter in 2019. In reality, however, for part of Q1 2019 and all of Q2 – Q4 2019, Spierdowis was in federal custody after violating his probation arising from a conviction for conspiracy to commit securities fraud. Spierdowis informed the court of his efforts to obtain work in early 2019 without mentioning anything about his supposed presidency of either LLC.
The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office, made the announcement. The Hull Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney William Abely, Chief of Mendell’s Criminal Division, is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Honolulu Bookkeeper Indicted for $1.2 Million Fraud and Money LaunderingRead the Press Release
HONOLULU – Paul Henri Marie Harleman, 34, of Honolulu, was indicted today by a federal grand jury on six counts of wire fraud and seven counts of money laundering. He was arrested on April 23, 2021, and previously charged by criminal complaint. Upon motion of the government, Harleman has been detained pending trial since his arrest.
Judith A. Philips, Acting United States Attorney for the District of Hawaii, announced that the indictment alleges that while Harleman was working as a contract bookkeeper, he devised two fraud schemes to obtain money from three of his clients. In the first scheme, from July 2018 to May 2020, Harleman allegedly formed a limited liability company with a name nearly identical to the name of a significant vendor to one of his clients, and then charged the client’s credit card for more than $146,000 in fraudulent invoices. In the second scheme, from September 2019 to his arrest, Harleman allegedly transferred more than $1,064,000 in a series of payments disguised as payroll from two of his clients to Harleman’s limited liability company. According to the indictment, Harleman moved money fraudulently obtained from his three clients from his personal checking account to a personal investment account, resulting in the money laundering charges.
"This office will continue to work with our law enforcement partners to root out and prosecute fraud and other economic crimes perpetrated against local businesses, non-profit entities, and individuals," stated Acting U.S. Attorney Philips.
"Today’s indictment shows IRS Criminal Investigation’s commitment to act when those in our communities are being taken advantage of and stolen from," said Bret Kressin, IRS Criminal Investigation Special Agent in Charge. "We will continue to be vigilant in protecting the public against fraud and theft."
"Financial crimes are a top priority for HSI, particularly when hardworking people and small businesses are the victims," said John F. Tobon, Special Agent in Charge, Homeland Security Investigations. "Our agents will continue to investigate and seek out the perpetrators of these kinds of illegal and complex financial schemes."
An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by Internal Revenue Service Criminal Investigation and Homeland Security Investigations of the Department of Homeland Security. Assistant United States Attorney Craig S. Nolan is prosecuting the case.
Hartford Man Sentenced to 4 Years in Prison for Selling Oxycodone from New Britain Grocery StoreRead the Press Release
Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, announced that ELIEZER PEREZ, also known as “Ka-King,” 42, of Hartford, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 48 months of imprisonment, followed by three years of supervised release, for distributing oxycodone from his New Britain grocery store.
According to court documents and statements made in court, in the summer of 2019, the Drug Enforcement Administration New Haven Tactical Diversion Squad and the New Britain Police Department.began investigating individuals who were selling oxycodone pills from Elzier Grocery, located at 1485 Corbin Avenue in New Britain. Between July and December 2019, investigators made multiple controlled purchases of oxycodone pills from Perez, Elzier Grocery’s owner Raul Cabrera-Vasquez, and others at the store.
On February 26, 2020, court authorized searches of the Elzier Grocery and a nearby residence revealed more than 1000 oxycodone pills, drug packaging materials, drug ledgers, and approximately $10,000 in cash.
Perez has been detained since his arrest on December 12, 2020. On May 11, 2021, he pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, oxycodone.
Cabrera-Vasquez pleaded guilty to the same charge and, on June 10, 2021, was sentenced to 48 months of imprisonment.
This investigation has been conducted by the Drug Enforcement Administration New Haven Tactical Diversion Squad and the New Britain Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Greenville Man Sentenced to over 14 Years for Armed Robbery and ShootingRead the Press Release
RALEIGH, N.C. – A Greenville man was sentenced today to 171 months in prison for Interference with Commerce by Robbery and Discharging a Firearm in Connection to a Crime of Violence. On July 16, 2021, Tyv Vaaron Lemark Jones pled guilty to the charges.
According to court documents and other information presented in court, Jones, 20, and another unidentified individual committed an armed robbery and shooting at the JIA Sweepstakes located in Greenville, North Carolina on January 15, 2020. Surveillance video footage from inside the business shows Jones and a masked individual brandishing a revolver and an AK-47 style rifle as they rushed through the front door. Jones and his associate are seen corralling the customers into a bathroom towards the rear of the business. Jones is then seen shooting through the bathroom door at least once. Video then shows Jones and his associate attempting to break into the business office. Despite firing multiple rounds through the office door, the door did not open. Jones then broke down the door using his body. At that point, Jones and his associate grabbed the female clerk, who was hiding underneath the office desk, assaulted her, held her at gunpoint and demanded the money. Ultimately, the pair stole approximately $3,000 in U.S. currency and two cellular phones before fleeing the scene. Jones fled to Hampton, Virginia, where he was arrested on January 22, 2020. A federal grand jury indicted Jones on February 10, 2021, and he was transferred to federal custody on February 23, 2021.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Pitt County Sheriff’s Office, the Greenville Police Department’s Violent Criminal Apprehension Team, the North Carolina State Bureau of Investigation’s Fugitive Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Aakash Singh 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. 4:21-CR-10-BO.
Grand Jury Indicts Lincoln Man for Receiving Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that the Grand Jury in the District of Nebraska has returned a two-count indictment against Matt Tibbels, 58, of Lincoln. The Indictment charges Tibbels with committing child exploitation crimes between August 31, 2020 and October 5, 2021.
The first count of the Indictment charges the receipt of child pornography. This offense is punishable by a mandatory minimum term of 5 years’ and a maximum of 20 years’ imprisonment, a fine of up to $250,000, and a special assessment of up to $35,000. After release from any imprisonment, Tibbels would be subject to a term of supervised release of not less than five years and up to life. The second count charges Tibbels with possession child pornography. This count is punishable by a maximum of 20 years’ imprisonment, a fine not to exceed $250,000, and a term of supervised release of not less than five years and up to life, and a special assessment of up to $17,000.
Tibbels’ next court appearance has not yet been scheduled. A preliminary examination will not be held as the Grand Jury has found of probable cause in returning the Indictment. A finding of probable cause is not a finding of guilt and Tibbels is presumed innocent of these charges.
Acting United States Attorney Sharp expressed his appreciation to the Federal Bureau of Investigation for their quick actions in obtaining a criminal complaint and search warrant immediately upon receiving notification of the daycare being operated out of Tibbels’s home.
FBI Omaha Special Agent in Charge Eugene Kowel said, “There are few crimes more heinous than the sexual exploitation of children. Protecting vulnerable children from those who traffic in child sexual abuse material will always be a priority for FBI Omaha and our Crimes Against Children Task Force. The FBI will continue to work with all of our law enforcement partners to rapidly investigate cases to protect these most innocent of victims.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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.
Grand Jury - October 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 15 unsealed Indictments charging 17 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Jenone Gregg Allen, age 45, of Lincoln, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about January, 2018 and continuing to on or about October 12, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Guadalupe Ayala-Armienta, age 34, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about May 25, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment
* Ryan Arrants, age 41, of Alliance, Nebraska, is charged in a three-count Indictment. Count I charges Arrants with distribution of methamphetamine on or about April 20, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about April 20, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment
Count III charges the defendant with possession with intent to distribute of 50 grams or more of methamphetamine (actual) on or about August 9, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Fred H. Bienka, age 82, of Lincoln, Nebraska, is charged with conspiracy to commit wire fraud and mail fraud beginning on or about 2016 and continuing to on or about April 13, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Chavez-Ruiz, age 29, is charged with illegal reentry after deportation on or about June 7, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Alfredo Escobar, age 39, is charged in a four-count Indictment. Count I charges Escobar with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 3, 2020 and continuing to on or about June 11, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count II charges the defendant with distribution of 5 grams or more of methamphetamine (actual) on or about August 3, 2020. The maximum possible penalty if convicted is life imprisonment, a $8,000,000 fine, an eight-year term of supervised release, and a $100 special assessment. Count III charges the defendant with distribution of 50 grams or more of methamphetamine (actual) on or about June 1, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 11, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment.
* Kirk Tildon Foster, age 52, is charged with failure to register as a sex offender after traveling in interstate commerce on or about May 2021 and continuing to on or about August 30, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Edward Lawrence Hays, age 56, of Murfreesboro, Tennessee, is charged with attempted coercion and enticement of a minor beginning from on or about June 24, 2021 and continuing to on or about October 13, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment, and $5,000 in additional special assessments.
* Craig A. Hoffman, age 45, of Lincoln, Nebraska, is charged in a four-count Indictment. Count I charges Hoffman with tax evasion from on or about June 11, 2011 continuing to on or about September 22, 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Counts II through IV charge the defendant with failure to pay over withholding and FICA taxes on or about March 31, 2016 and continuing to on or about June 30, 2016. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* George A. Liakos, age 62, of Bayard, Nebraska, is charged in a five-count Indictment. Counts I through IV charges Liakos with bank fraud from on or about June 2, 2017 continuing to on or about November 26, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count V charges the defendant with false statements on or about February 9, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tommy L. Meyer, age 42, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about May 19, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2021.
* Matthew W. Miller, age 35, of Weeping Water, Nebraska, is charged with felon in possession of ammunition on or about August 10, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Nathan R. Rogers, age 26, of South Sioux City, Nebraska, is charged in a two-count Indictment. Count I charges Rogers with production of child pornography between on or about October 11, 2020 and continuing to on or about February 20, 2021. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $55,000 additional special assessment. Count II charges the defendant with receipt of child pornography between on or about October 11, 2020 and continuing to on or about February 20, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $40,000 additional special assessment.
* Matt Tibbels, age 58, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Tibbels with receipt of child pornography between on or about August 31, 2020 and continuing to on or about October 4, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $40,000 additional special assessment Count II charges the defendant with possession of child pornography on or about October 5, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $22,000 additional special assessment.
* Dustin C. Vogel, age 35, Jonathan W. Miller, age 29, and Haley M. Coffman, age 24, all of Omaha, are charged in a two-count Indictment. Count I charges Vogel, Miller, and Coffman with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning at a time unknown and continuing to on or about October 6, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Miller with assaulting, resisting, or impeding an officer with a dangerous or deadly weapon on or about October 6, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Gansevoort Woman Sentenced on Tax Fraud ChargesRead the Press Release
ALBANY, NEW YORK – Betty J. Marriott, age 71, of Gansevoort, New York, was sentenced today to a year of probation, and to pay $280,413 in restitution, following her conviction on four counts of filing false tax returns. The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”).
Marriott’s conviction related to business income and rental payments she earned through a Saratoga County company that places home health care aides in patients’ homes. Marriott owned and operated the company until 2016 and collected monthly rental payments from the company in 2017. In pleading guilty, Marriott admitted to filing materially false tax returns in tax years 2014 through 2016 that underreported income from the business. Following Marriott’s sale of the company in 2016, she also failed in 2016 and 2017 to declare the income she received through rental payments the company paid her on a monthly basis. Marriott admitted to underreporting a total of $1,019,444, resulting in a loss to the government of at least $280,413.
In a related case, on October 14, 2021, Elizabeth Doyle, age 49, of Ballston Lake, New York, to whom Marriott sold the company in 2016, pled guilty to filing false tax returns; her sentencing is scheduled for February 16, 2022.
These cases were investigated by IRS-CI and are being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Fresno Man Sentenced to over 10 Years in Prison for Conspiring to Smuggle Heroin and Methamphetamine into the Fresno County JailRead the Press Release
FRESNO, Calif. — Alfredo Garcia Jr., 27, of Fresno, was sentenced today to 10 years and eight months in prison for conspiring to possess with intent to distribute and to distribute heroin and methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, between Dec. 1, 2020 and Jan. 26, 2021, Garcia, who was an inmate at the Fresno County Jail, conspired with another inmate and others outside of jail to smuggle methamphetamine and heroin into the jail for distribution among inmates. The plot was discovered when law enforcement agents reviewed recorded jail calls and learned about the attempted smuggling set to occur on Jan. 26. On that date, law enforcement officers intercepted an individual attempting to deliver athletic shoes to the jail for an inmate. The shoes were searched, and hidden compartments were found inside the shoes containing the illicit narcotics.
This case was the product of an investigation by Homeland Security Investigations, the Drug Enforcement Administration, the Fresno Police Department, and the Fresno County Sheriff’s Office. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
Fresno Man Charged with Unlawfully Possessing a Firearm After Attempting to Evade PoliceRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Robbie Soto, 26, of Fresno, charging him with unlawfully possessing a firearm after being convicted of a felony crime, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Sept. 22, 2021, Soto was a passenger in a car that officers attempted to stop for a traffic violation. Soto fled from the car and led officers on a chase. Law enforcement officers eventually caught up to him, arrested him, and recovered two loaded firearms, one of which was equipped with a loaded high-capacity magazine. Soto has been convicted of felonies two times, in Fresno County in 2016 and in federal court in 2018.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department. Assistant U.S. Attorney Antonio J. Pataca is prosecuting the case.
If convicted, Soto faces 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Four Men Charged with Federal Firearm Offenses for Allegedly Trafficking Guns from St. Louis to ChicagoRead the Press Release
CHICAGO — Four men have been charged with federal firearm offenses for allegedly trafficking guns from St. Louis to Chicago.
Criminal complaints filed in U.S. District Court in Chicago accuse ROBERT NARUP of buying firearms at gun shows throughout the United States and illegally selling them to JEROME BOYKIN in St. Louis, Mo. Boykin then brought the guns to Chicago and sold them to ROGELIO MANCERA in exchange for marijuana, the charges allege. Mancera re-sold the guns to RODOLFO ORTEGA, who in turn would sell them to various buyers on the streets of Chicago, the charges allege.
Narup, 71, of Washington, Mo., is charged with willfully dealing firearms without a license. He was arrested on Oct. 15, 2021, in the St. Louis area after allegedly selling 18 firearms and two silencers to an undercover law enforcement agent in a retail store parking lot. Narup appeared Monday in U.S. District Court in the Eastern District of Missouri. He will appear in federal court in Chicago on a date to be set.
Boykin, 30, of St. Louis, Mo., is charged with possessing a firearm during a drug trafficking crime. He was arrested in the Chicago area on Oct. 8, 2021, after allegedly selling more than 20 firearms to Mancera in exchange for marijuana. Boykin made an initial appearance Wednesday in federal court in Chicago.
Mancera, 27, of Schaumburg, Ill., is charged with willfully dealing firearms without a license. He was arrested Tuesday after federal agents searched his storage locker in Schaumburg and discovered more than 25 firearms, including machine guns, the complaint states. Mancera made an initial appearance this morning in federal court in Chicago.
Ortega, 26, of Chicago, is charged with illegally possessing two firearms that he allegedly sold to an individual in Chicago on Oct. 5, 2021. As a previously convicted felon, Ortega was not lawfully allowed to possess a firearm. He was arrested Monday and is scheduled to appear for a detention hearing this afternoon in federal court in Chicago.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Assistant U.S. Attorney Megan DeMarco represents the government.
ATF and CPD’s recently created Gun Investigations Team investigated the case. Valuable assistance was provided by the ATF St. Louis Field Office of the ATF Kansas City, Mo., Field Division, and the U.S. Attorney’s Office in the Eastern District of Missouri.
Disrupting illegal firearms trafficking is a centerpiece of the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago firearms trafficking strike force, the U.S. Attorney’s Office collaborates with ATF, CPD, and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
The public is reminded that complaints contain only charges and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The firearm charge against Boykin carries a mandatory minimum sentence of five years in federal prison and a maximum of life. The charge against Ortega is punishable by up to ten years, while the charges against Narup and Mancera carry a maximum of five years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Former Private Prisoner Transport Officer Sentenced to Life Plus Five Years for Sexually Assaulting Two Women in His CustodyRead the Press Release
A federal judge in Little Rock, Arkansas, sentenced Eric Scott Kindley, 53, a former private prisoner transport officer, to life plus five years in prison for sexually assaulting two different women in his custody during two different transports in 2014 and 2017, and for knowingly possessing a firearm in furtherance of the 2017 sexual assault.
The sentence comes after a jury returned guilty verdicts on March 12, 2020, to all counts in the indictment. The evidence at trial established that Kindley operated his own private prisoner transport company that contracted with local jails throughout the country to transport individuals who were arrested on out-of-state warrants. Even though the indictment charged Kindley with only two sexual assaults that occurred within the jurisdiction of the Eastern District of Arkansas, the jury heard from six women who he transported between 2012 and 2017. All the women testified that Kindley transported them alone, sometimes for hundreds of miles. The women were all handcuffed and shackled. As Kindley drove the women to desolate locations, he threatened to kill them and made sexually explicit comments that escalated in intensity and depravity.
“Those who act under color of law and commit sexual assault cannot rely on their position of power or their victims’ vulnerabilities to escape accountability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While these crimes may be difficult to detect, a survivor’s account is evidence, will be taken seriously, an investigation will ensue, and, where appropriate, punishment will follow. We thank the survivors of these sexual assaults for having the courage to come forward despite the defendant’s repeated attempts to silence them. The Civil Rights Division will continue to vigorously hold accountable those who abuse their authority by committing sexual assault.”
“This sentence sends a clear message, that this abuse of power and disregard for individual’s basic rights cannot and will not be tolerated,” said Special Agent in Charge Sean Kaul of the FBI Phoenix Field Office. “The FBI commends the victims who bravely came forward to report Kindley's actions. We remain fully committed to protecting the rights of all citizens and appreciate the partnership of the other FBI Field Offices, U.S. Attorney's Offices, and the Department of Justice Civil Rights Division during this investigation and prosecution."
One of the women listed in the indictment testified that when Kindley transported her from Alabama to Arizona in 2017, he stopped his van in a deserted area near Little Rock purportedly to allow her to urinate. There, he sexually assaulted her while she was handcuffed, threatened her with a firearm, and reminded her, as he did with other victims, that she was “an inmate in transport” and that no one would believe her if she reported what happened. Another woman listed in the indictment testified that when Kindley transported her in 2014, he stopped his van in a deserted area, also in Arkansas, under the guise of having gotten lost. There, he violently forced her to perform a sex act on him. A third woman testified that during her transport in 2013 from Florida to Texas, Kindley pulled his van over to the side of a dark road, both purportedly to let her urinate and under the guise of having gotten lost. There Kindley sexually assaulted her. A fourth woman testified that during her 2012 transport, from Nevada to California, Kindley stopped his van in a deserted hiking area. There, he forced her to perform a sex act on him in a park bathroom. A fifth woman testified that during her transport in 2013, from California to Montana, Kindley attempted to sexually assault her after he pulled over to the side of the road during a snowstorm. None of the women knew each other, and it was only during the trial that they learned the others existed.
According to court documents, the federal investigation into Kindley’s conduct began in January 2017, when two women, housed together in a small jail in Arizona, reported that Kindley sexually assaulted them during two separate transports. The years-long investigation thereafter uncovered 16 women whom the defendant subjected to some form of sexual misconduct during transport, often culminating in forceful sexual assault. During the sentencing hearing, the United States submitted victim impact statements from 11 women who Kindley transported, and two former domestic partners. The women described the corrosive impact of a person with power shattering their trust in law enforcement with vile words and acts. As one woman summed up, “I’m wary of government officials because of what Eric Kindley had said and [did] during my transport …The offender in this case used his so called ‘position of power’ to cause [me] to endure undue stress, grief, and loss of self-worth.”
Chief U.S. District Judge D. P. Marshall Jr. sentenced Kindley to life in prison plus five years and ordered that the defendant pay a total of $20,275 in restitution to the two victims listed in the indictment for mental health treatment and counseling for trauma.
This case was investigated by the Phoenix Division of the FBI with assistance from FBI field offices throughout the United States. It was prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice, with assistance from the U.S. Attorney’s Offices for the Eastern District of Arkansas and the District of Arizona.
Former Destin Area Man Federally Indicted for Investment Fraud Scheme and Money LaunderingRead the Press Release
PENSACOLA, FLORIDA – John E. Acker, 52, formerly of Santa Rosa Beach, has been charged with 37 counts of wire fraud and 7 counts of money laundering. The indictment was announced today by Jason R. Coody, Acting United States Attorney for the Northern District of Florida, following Acker’s arrest Tuesday night in Lee County, Florida.
The indictment alleges that between 2013 and 2020, Acker solicited and induced numerous individuals and corporations to invest money with him by making various fraudulent misrepresentations, including that the investment was for a real estate or other business-related “deal” with high guaranteed returns. He allegedly told investors the “deal” was for a purchase and sale, or “flip,” of a property or business. Acker is charged with using those funds meant for investments to instead pay for his personal expenses or pay back prior investors whose funds had previously been misused. The indictment also alleges that Acker made other false statements to gain investors’ trust and influence them to invest, such as mischaracterizing or falsifying his relationship with attorneys, business owners, or other prominent members of the community and claiming he had independent wealth from a trust fund. He purportedly used his corporate entities, including Miracle Strip Holdings X LLC, Fujimo Development LLC, and Shipwreck Road LLC, to commit the alleged fraud. Acker is also charged with laundering the proceeds of his investment fraud scheme by making large payments and monetary transfers in excess of $10,000.
Aker’s trial date will be set upon his appearance in the United States District Court in Pensacola.
This case resulted from a joint investigation by the Federal Bureau of Investigation and the Okaloosa County Sheriff’s Office. Assistant United States Attorneys Alicia Forbes and Ryan Love are prosecuting this case.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Former Danbury Resident Sentenced to More than 5 Years in Prison for Fraud and Identity Theft OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that DOMINGO ST. HILAIRE ROSARIO, 57, formerly of Danbury, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 65 months of imprisonment, followed by four years of supervised release, for fraud and identity theft offenses stemming from his involvement in a scheme to use stolen identities to lease and purchase vehicles and motorcycles.
According to court documents and statements made in court, beginning in late 2017, Rosario, Jamie Pinto and another individual conspired to use stolen identities to obtain vehicles and motorcycles at dealerships in Connecticut, Massachusetts and New Jersey. As part of the scheme, Rosario arranged for a car or motorcycle to be purchased or leased from a dealership in the name of an identity theft victim, and Pinto or another co-conspirator impersonated the identity theft victim at the dealership to complete the paperwork. Rosario supplied his co-conspirators with fraudulent identification documents bearing the victim’s personal identifying information, and with a fraudulent photo identification that contained the identifying information of the victim and a photograph of a co-conspirator. Rosario intended to sell or export the vehicles.
Through this scheme, Rosario and his co-conspirators acquired at least 13 vehicles and attempted to acquire at least two more. Some of the vehicles were recovered by law enforcement and returned to the dealers.
Judge Bryant ordered Rosario to pay $203,873.11 in restitution.
In July 2018, Rosario was stopped by the New Jersey State Police driving a Chevrolet Silverado that had been obtained through the fraud from dealership in Vernon, Connecticut. After that encounter, he fled to the Dominican Republic. On February 28, 2019, a federal grand jury in Hartford returned an indictment charging Rosario. He was extradited from the Dominican Republic in May 2020, and is detained.
On May 10, 2021, Rosario pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft.
On March 20, 2019, Pinto, 44, last residing in Manchester, pleaded guilty to conspiracy, fraud and identity theft offenses. He is detained while awaiting sentencing, which is scheduled for October 27.
This matter has been investigated by the U.S. Postal Inspection Service and Homeland Security Investigations (HSI), with substantial assistance from the Vernon Police Department. The case is being prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and Anastasia E. King.
Former CFO of Boston Grand Prix Pleads Guilty to Fraud and Tax SchemesRead the Press Release
BOSTON – The former Chief Financial Officer (CFO) of the Boston Grand Prix pleaded guilty today in federal court in Boston in connection with multiple schemes to defraud equipment and small business financing companies as well as the Small Business Administration (SBA) and the Internal Revenue Service.
John F. Casey, 57, formerly of Ipswich, pleaded guilty to 23 counts of wire fraud, three counts of aggravated identity theft, four counts of money laundering and three counts of filing false tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 15, 2022. Casey was indicted in September 2020.
Casey became the CFO of the Boston Grand Prix in January 2015. The Boston Grand Prix organization made payments to or on behalf of Casey totaling approximately $308,292 in 2015 and $601,073 in 2016 which Casey failed to include in the gross income he claimed on his personal tax returns for those years.
Casey owned an ice rink in Peabody from October 2013 until he sold it in June 2016. Between October 2014 and October 2016, Casey obtained over $743,000 in funds from equipment financing companies, purportedly for the purchase of equipment for the ice rink, when in fact he no longer owned the rink for four months during this period. In addition, in August 2016, more than two months after he sold the Peabody rink, Casey obtained over $145,000 in small business loans for the rink business. In order to secure the financing, Casey submitted false documents and information including fake invoices for the equipment, bank records purporting to show deposits into Casey’s accounts related to the Peabody rink, inflated personal and corporate tax returns and personal financial statements falsely claiming ownership and value of various assets. Casey also submitted a fake Deed of Sale containing a forged signature in support of one of his loan applications. Relying on Casey’s false statements, the financing companies provided funding to Casey in amounts and on terms they otherwise would not have made. Most of the funds provided by the victim companies were never repaid.
In addition, between March 2020 and at least May 2021, Casey orchestrated a scheme to fraudulently obtain Economic Injury Disaster Loans and Paycheck Protection Program loans from the SBA and a Massachusetts Sector-Specific Relief Grant – available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act – by submitting false applications for companies he created and controlled and improperly using the fraudulently obtained loan and grant funds for personal expenses. Specifically, Casey submitted at least 14 loan applications to the SBA and intermediary lenders which contained false information concerning, among other things, the gross revenues of the companies during the year prior to the COVID-19 pandemic, the average monthly payroll of the companies and the existence of some of the companies.
In January 2021, while awaiting trial for the financing fraud scheme, Casey submitted an application for a $70,000 pandemic-related relief grant to the Massachusetts Growth Capital Corporation containing false information about the operating expenses of a company that was not in business in 2019 or 2020. Between April 2020 and April 2021, approximately $676,552 in COVID-19 relief funds was deposited into bank accounts controlled by Casey, and he used the vast majority of the funds for personal expenses, including a three-carat diamond ring, a six-month membership to Match.com, private school tuition, residential rent payments, living expenses, payments on personal credit card accounts, restaurant meals, car payments and luxury hotel stays.
Casey also pleaded guilty to laundering the proceeds of his fraud schemes and to failing to include the income from the Peabody rink fraud scheme on his 2014, 2015 and 2016 personal federal tax returns.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of aggravated identity theft provides for a consecutive sentence of two years in prison, one year supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of unlawful monetary transactions provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000 or twice the value of the criminally derived property, whichever is greater. The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations, made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Bank Manager Pleads Guilty to Tax Scheme Targeting Immigrant CommunityRead the Press Release
BOSTON – A former bank manager pleaded guilty today in federal court in Boston to falsely inflating taxpayer’s federal income tax refunds and diverting a portion of those refunds to accounts controlled by him and others.
Christian Zynga, 46, formerly of Everett, pleaded guilty to one count of conspiracy to defraud the United States. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 17, 2022. Zynga was indicted in October 2020 with co-defendant Boris Shadari who has pleaded not guilty and is awaiting trial.
According to the charging documents, from 2012 to 2018, Zynga and, allegedly, Shadari held Shadari out to be a tax professional, particularly for the Congolese community of Greater Boston. It is alleged that until 2017, they took their customers’ tax information to a legitimate tax professional and provided the tax professional with false information concerning their customers’ dependents, dependent and childcare expenses and business income and losses in order to inflate the customers’ federal income tax refunds. They then allegedly caused the refunds to be split between the customers’ bank accounts and accounts they and their co-conspirators controlled.
From 2017 to 2018, Zynga and, allegedly, Shadari prepared customers’ tax returns themselves while continuing to inflate refunds by adding false information to the returns and diverting a portion of the customers’ refunds to themselves or accounts they or their co-conspirators controlled. It is alleged that the scheme resulted in a tax loss of more than $500,000. Among other things, Zynga, who worked as a bank manager, opened bank accounts in others’ names for the purpose of receiving the fraudulent federal income tax refunds. Zynga also provided Shadari with the names and Social Security numbers of children of an associate who was living abroad at the time so that they could be falsely listed as dependents on returns.
The charge of conspiracy to defraud the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; 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 Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Five Individuals Charged with Money Laundering in Connection with Alleged Venezuela Bribery SchemeRead the Press Release
Miami, Florida – A federal grand jury in the Southern District of Florida returned an indictment on Oct. 7, which was unsealed today, charging three Colombian nationals and two Venezuelan nationals for their alleged roles in laundering the proceeds of contracts to provide food and medicine to Venezuela that were obtained through bribes.
According to court documents, Alvaro Pulido Vargas, aka German Enrique Rubio Salas, aka Cuchi, 57, of Colombia; Jose Gregorio Vielma-Mora, 55, of Venezuela; Emmanuel Enrique Rubio Gonzalez, 32, of Colombia; Carlos Rolando Lizcano Manrique, 50, of Colombia; and Ana Guillermo Luis, 49, of Venezuela, were charged in an indictment for their alleged roles in laundering the proceeds of a bribery scheme to obtain and retain inflated contracts through the Comité Local de Abastecimiento y Producción (CLAP), a Venezuelan state-owned and state-controlled food and medicine distribution program for the people of Venezuela.
The indictment alleges that beginning in or around July 2015 and continuing until at least 2020, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo conspired with others to launder the proceeds of an illegal bribery scheme from bank accounts located in Antigua, United Arab Emirates, and elsewhere to and through bank accounts in the United States. According to the indictment, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo and others obtained contracts with Venezuelan governmental entities to import and distribute boxes of food and medicine in Venezuela through CLAP by paying bribes to Venezuelan government officials, including Vielma-Mora. The defendants and their co-conspirators knowingly inflated the costs of the contracts to pay the bribes and unjustly enrich themselves. The indictment also alleges that co-conspirators directed funds to be transferred to promote the bribery scheme while in the United States, and wired money related to the scheme to bank accounts in the Southern District of Florida. As a result of the scheme, Pulido, Vielma-Mora, Rubio, Lizcano, Guillermo, and their co-conspirators allegedly received approximately $1.6 billion from the Republic of Venezuela, and transferred approximately $180 million through or to the United States.
The defendants are each charged in a five-count indictment with one count of conspiracy to commit money laundering and four counts of money laundering. If convicted, they each face a maximum total penalty of 100 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida, Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, and Acting Special Agent in Charge La Verne J. Hibbert of the DEA Miami Field Office made the announcement.
This case was investigated by DEA Miami with assistance from the FBI’s Miami Field Office and Homeland Security Investigation’s Miami Field Office.
Assistant U.S. Attorney Kurt K. Lunkenheimer of the Southern District of Florida and Trial Attorney Alexander J. Kramer of the Criminal Division’s Fraud Section are prosecuting the case.
To see indictment, click here: /media/1173176/dl?inline.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
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-20509.
###
Five Individuals Charged with Money Laundering in Connection with Alleged Venezuela Bribery SchemeRead the Press Release
A federal grand jury in the Southern District of Florida returned an indictment on Oct. 7, which was unsealed today, charging three Colombian nationals and two Venezuelan nationals for their alleged roles in laundering the proceeds of contracts to provide food and medicine to Venezuela that were obtained through bribes.
According to court documents, Alvaro Pulido Vargas, aka German Enrique Rubio Salas, aka Cuchi, 57, of Colombia; Jose Gregorio Vielma-Mora, 55, of Venezuela; Emmanuel Enrique Rubio Gonzalez, 32, of Colombia; Carlos Rolando Lizcano Manrique, 50, of Colombia; and Ana Guillermo Luis, 49, of Venezuela, were charged in an indictment for their alleged roles in laundering the proceeds of a bribery scheme to obtain and retain inflated contracts through the Comité Local de Abastecimiento y Producción (CLAP), a Venezuelan state-owned and state-controlled food and medicine distribution program for the people of Venezuela.
The indictment alleges that beginning in or around July 2015 and continuing until at least 2020, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo conspired with others to launder the proceeds of an illegal bribery scheme from bank accounts located in Antigua, United Arab Emirates, and elsewhere to and through bank accounts in the United States. According to the indictment, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo and others obtained contracts with Venezuelan governmental entities to import and distribute boxes of food and medicine in Venezuela through CLAP by paying bribes to Venezuelan government officials, including Vielma-Mora. The defendants and their co-conspirators knowingly inflated the costs of the contracts to pay the bribes and unjustly enrich themselves. The indictment also alleges that co-conspirators directed funds to be transferred to promote the bribery scheme while in the United States, and wired money related to the scheme to bank accounts in the Southern District of Florida. As a result of the scheme, Pulido, Vielma-Mora, Rubio, Lizcano, Guillermo, and their co-conspirators allegedly received approximately $1.6 billion from the Republic of Venezuela, and transferred approximately $180 million through or to the United States.
The defendants are each charged in a five-count indictment with one count of conspiracy to commit money laundering and four counts of money laundering. If convicted, they each face a maximum total penalty of 100 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida, and Acting Special Agent in Charge La Verne J. Hibbert of the DEA Miami Field Office made the announcement.
This case was investigated by DEA Miami with assistance from the FBI’s Miami Field Office and Homeland Security Investigation’s Miami Field Office.
Trial Attorney Alexander J. Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kurt K. Lunkenheimer of the Southern District of Florida are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fitchburg Man Sentenced to 8 Years for Possessing Methamphetamine for DistributionRead the Press Release
Madison, Wis. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Justin Miner, 37, Fitchburg, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 8 years in federal prison for possessing methamphetamine with intent to distribute. Miner pleaded guilty to this charge on August 4, 2021.
Law enforcement agents learned that Miner was distributing heroin and methamphetamine in the Madison area and arranged to purchase methamphetamine from him on October 20, 2020. When agents arrested Miner several days later, they located a variety of drugs on his person, including methamphetamine, heroin, crack cocaine, and ecstasy pills. Upon searching his residence, agents located more methamphetamine, marijuana, scales and packaging material, thousands of dollars, a firearm, and multiple rounds of ammunition.
During a post-arrest interview, Miner admitted to selling methamphetamine and heroin and explained that he possessed the gun because he owed a drug debt to a Chicago drug source that had threatened his family. Miner also admitted to being a gang member from Chicago.
During sentencing, Judge Conley described Miner’s lengthy criminal history, which included property crimes, crimes against people, drug crimes, and a prior conviction for possessing a firearm as a felon. Miner was also on active supervision for drug distribution at the time of his arrest.
The charges against Miner were a result of an investigation conducted by the Madison Police Department and the Dane County Narcotics Task Force. Assistant U.S. Attorney Diane Schlipper handled the prosecution.
Fentanyl Dealer Found GuiltyRead the Press Release
Orlando, FL – A federal jury today found Davel Theodore Spady (35, Palm Bay) guilty of three counts of distribution of fentanyl and one count of possession with the intent to distribute 40 grams or more of fentanyl. For each of the distribution counts, Spady faces up to 20 years in federal prison. He faces a minimum mandatory of 5 years, and up to 40 years’ imprisonment, for the possession with the intent to distribute offense.
Spady had been indicted on May 5, 2021.
According to evidence presented at trial, between February 18 and March 19, 2021, Spady sold fentanyl to a confidential source (CS) on three occasions from inside his vehicle in a parking lot. During one of the controlled purchases, Spady provided the fentanyl to the CS concealed inside a box of rice.
On April 14, 2021, the Florida Highway Patrol (FHP) conducted a traffic stop of Spady’s vehicle as he was on his way to deliver 2 ounces of fentanyl to the CS. Later, during a search of Spady’s vehicle, FHP located a box of rice in the trunk with fentanyl concealed inside, similar to that provided during the previous controlled purchase.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the West Melbourne Police Department, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorneys Beatriz Gonzalez and Ranganath Manthripragada.
Federal Jury Finds Cedar Park Man Guilty After Attempting to Make a Molotov CocktailRead the Press Release
AUSTIN – Today a federal jury convicted a Cedar Park man after he tried to make a Molotov cocktail during an evening protest in Austin on May 30, 2020.
According to court documents and evidence presented at trial, Cyril Lartigue, 27, was caught on videotape manufacturing a destructive device while in a parking lot directly adjacent to the Austin Municipal Court entrance. While making the device, Lartigue was interrupted by the oncoming presence of Austin Police Department (APD) officers heading in his direction. Lartigue fled the area, leaving the device behind, but returned within minutes to retrieve it. APD officers then arrested him inside a nearby portable toilet where he had changed clothes. Inside his backpack, officers recovered materials used to manufacture an explosive device including beer bottles, a bottle containing lighter fluid, cloth rags, a butane lighter and the clothes he was previously wearing.
Lartigue is scheduled to be sentenced on February 4, 2022. He faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Fred J. Milanowski, Houston Division, made the announcement.
The ATF, Austin Police Department, Austin Fire Department, and the Texas Department of Public Safety investigated this matter. Assistant U.S. Attorneys Keith Henneke and Gabe Cohen are prosecuting this case on behalf of the government.
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.
###
Elizabeth City Felon Sentenced to More Than 5 Years for Possessing Firearm After Domestic Disturbance CallRead the Press Release
RALEIGH, N.C. – Jaylen Nashawn Spivey, of Elizabeth City, was sentenced today to 64 months in prison for possession of a firearm by a felon. On April 28, 2021, Spivey pled guilty to the charge.
According to court documents and statements made during hearings, on the afternoon of Thursday, September 17, 2020, the Elizabeth City Police Department responded to a 911 call for a domestic disturbance. The caller reported that a man had been yelling at a woman and was leaving the scene in a white Dodge Charger. As officers arrived, the caller advised that the suspect was at the end of the adjacent street.
An officer went to that location and found the defendant Jaylen Spivey sitting alone in the driver’s seat of a car. Officers approached to ask Spivey about the situation, and when Spivey rolled down his car window, they could smell marijuana. They noted that Spivey’s clothing matched what the 911 caller had described.
After detaining Spivey, the officers searched the car. They recovered a scale and amounts of heroin and marijuana. On the driver’s side floorboard, partially covered with clothing, officers found a black Ruger 9mm handgun. In a later interview, Spivey admitted he had purchased the Ruger a couple months before his arrest for his own protection while selling drugs. Spivey, who has a prior felony conviction for heroin, is a known associate of the Elizabeth City G-Shine Bloods street gang.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Elizabeth City Police Department and Federal Bureau of Investigation (FBI) conducted the investigation. Assistant U.S. Attorney Jake D. Pugh 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. 2:20-cr-0044-BO.
Eagle Pass Man Sentenced in Fatal Human Smuggling AttemptRead the Press Release
DEL RIO – An Eagle Pass man was sentenced to 360 months in prison today for transporting undocumented noncitizens that resulted in five deaths.
According to court documents, Jorge Luis Monsivais Jr., 23, was the driver of a Suburban traveling on FM 2644, carrying 13 undocumented noncitizens when Border Patrol attempted to stop the vehicle. Monsivais tried to evade law enforcement and eventually crashed the vehicle on Highway 85 outside of Big Wells, ejecting some of the occupants from the vehicle. Four people died at the scene and another person passed away en route to the hospital. Other occupants sustained broken necks, hips, and severe head trauma.
“The deadly outcome in this case is heartbreaking,” said U.S. Attorney Ashley C. Hoff. “Three hundred and sixty months in prison sends a clear message that those who make their living by unlawfully transporting undocumented noncitizens in the U.S. will be held accountable. Smuggling people is exceedingly dangerous for all involved and for our communities in which these operations are taking place. Our office will continue to work with our law enforcement partners to identify and aggressively prosecute human smugglers.”
“The tragic loss of life in this case is an example of the very real risks people face when they put their lives in the hands of smugglers,” said Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio. “Those responsible for illegally moving people through our country place personal profit ahead of public safety. Driven by greed, these criminals have little regard for the health and well-being of their human cargo, which can be a deadly combination.”
On May 11, 2021, Monsivais pleaded guilty to one count of conspiracy to transport illegal aliens resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; one count of conspiracy to harbor illegal aliens; one count of illegal alien transportation resulting in death; and one count of illegal alien transportation resulting in serious bodily injury.
HSI investigated the case.
Assistant U.S. Attorney Amy Hail prosecuted the case.
###
Eagle Butte Woman Indicted for Assaulting Federal OfficersRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Toni Carole Cochran, age 26, was indicted on October 13, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The indictment alleges that on January 21, 2021, in Eagle Butte, Cochran assaulted and resisted an officer by using her vehicle as a dangerous weapon and, following arrest, spat on another officer while both officers were engaged in the performance of their official duties.
The charge is merely an accusation and Cochran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carl Thunem is prosecuting the case.
Cochran was released on bond pending trial. A trial date of December 14, 2021, has been set.
Drug Traffickers Sentenced to Federal PrisonRead the Press Release
SHREVEPORT, La. –Two drug traffickers have been sentenced by Chief United States District Judge S. Maurice Hicks, Jr. to federal prison for their role in conspiring to possess and distribute illegal narcotics, Acting United States Attorney Alexander C. Van Hook announced.
Eduardo Lozano, a/k/a Isaiah Lozano, 20, of Dallas, Texas, was sentenced to 121 months in prison, followed by 3 years of supervised release. On January 4, 2021, Louisiana State Police stopped a vehicle on Interstate 20 for speeding. Lozano was a passenger in that vehicle and his co-defendant, Omar Guerra, 22, of Dallas, was driving. Mia Duarte, 21, also of Dallas, the sister of Lozano and girlfriend of Guerra, was a passenger in the vehicle. After being interviewed by troopers, Guerra gave permission for law enforcement to search the vehicle. Troopers found approximately 3 kilograms of methamphetamine and 31.7 grams of marijuana in a backpack on the floorboard. Guerra and Duarte admitted to law enforcement officers that they were being paid to pick up and deliver the drugs. Lozano admitted at the guilty plea hearing on June 16, 2021 that he also participated in the conspiracy to possess with intent to distribute methamphetamine. His co-defendants, Guerra, and Duarte, each also pleaded guilty to the drug conspiracy charge.
Guerra was sentenced on October 8, 2021 to 108 months in prison, followed by 3 years of supervised release. Duarte was sentenced on October 12, 2021 to 46 months in prison, followed by 2 years of supervised release.
The DEA and Louisiana State Police conducted this investigation and Assistant U.S. Attorney Jessica D. Cassidy prosecuted the case.
Casey Head, 39, of Bossier City, Louisiana, was sentenced to 60 months in prison, followed by 5 years of supervised release. Following a lengthy investigation into the drug trafficking activities of Head and his five co-defendants, a federal grand jury returned an indictment in October 2020 charging him with conspiracy to distribute and possession with intent to distribute methamphetamine. During their investigation, agents with the FBI’s Northwest Louisiana Violent Crime Task Force were granted an order to wiretap the phone of one of Head’s co-conspirators. Calls were intercepted revealing that Head helped distribute methamphetamine to many different buyers in the Shreveport/Bossier City area. Head was intercepted on several phone calls and text messages speaking about amounts of methamphetamine and prices and discussing the distribution of the narcotics. He was arrested on October 21, 2020 and admitted his involvement in the drug conspiracy.
The FBI and Caddo Parish Sheriff’s Office conducted this investigation and Assistant U.S. Attorney J. Aaron Crawford prosecuted the case.
This effort is part of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
# # #
Department of Justice Files Suit to Recover Forfeiture Penalty for Nearly 5,000 Illegally Spoofed RobocallsRead the Press Release
Wednesday, the Department of Justice served a complaint filed against a Montana man to recover a $9.9 million penalty imposed by the Federal Communications Commission (FCC) for nearly 5,000 unlawful and malicious “spoofed” robocalls.
In a complaint filed in U.S. District Court for the District of Montana, the government alleged that Scott Rhodes, 52, of Libby, Montana, made 4,959 illegal robocalls with falsified caller ID information, with the intent to cause harm. The targets of the alleged robocall campaigns included individuals across the United States, many of whom complained to law enforcement regarding unwanted and harassing calls. An investigation by the FCC culminated in the imposition by the agency of over $9.9 million forfeiture penalty against Rhodes. The lawsuit, filed today, seeks to recover that penalty and obtain an injunction that would prevent Rhodes from committing any further violations of the Truth in Caller ID Act.
According to the FCC’s investigation, Rhodes’ unlawful spoofed robocalls allegedly included highly inflammatory messages indicative of Rhodes’ intent to cause harm. For example, hundreds of Rhodes’ spoofed robocalls targeted residents of Brooklyn, Iowa, in the aftermath of a local woman’s murder. Those spoofed robocalls allegedly included a message that the local woman had been murdered by a “biological hybrid of white and savage Aztec ancestors” and that if she “could be brought back to life for just one moment,” she would ask the listener to “kill them all.” Over two thousand of the spoofed robocalls allegedly targeted residents of Charlottesville, Virginia, during the investigation and prosecution of James Alex Fields Jr., who was responsible for killing one woman and injuring dozens during the “Unite the Right" rally in August 2017. The spoofed robocalls included a message that Charlottesville’s “Jew Mayor” and “his pet Negro Police Chief” were responsible for the death of the “unhealthy, morbidly obese” victim. The message also stated, “We’re no longer going to tolerate a Jewish lying press, and Jew corruption of an American legal system.”
“It is unlawful to spoof caller ID numbers to trick consumers into answering unwanted phone calls with the intent to defraud, cause harm or wrongfully obtain anything of value,” said Acting Assistant Attorney General Brian Boynton for the Justice Department’s Civil Division. “The department will work with its agency partners to vigorously enforce the telemarketing laws that prohibit these practices.”
“Combatting illegal robocalls is a top consumer protection priority of the FCC,” said Acting Chairwoman Jessica Rosenworcel of the FCC. “In this case, the FCC’s investigation found an ugly pattern of spoofing used to bombard and target communities with malicious robocalls. Working with the Department of Justice, the FCC will stand by this fine and demand payment. I also welcome the department’s decision to seek an injunction to put a stop to this unlawful behavior.”
Senior Litigation Counsel Patrick Runkle and Trial Attorney Michael Wadden of the Justice Department’s Consumer Protection Branch are prosecuting the case with the assistance of Assistant U.S. Attorney Shannon Clarke for the District of Montana.
A complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Dentist in South Korea to Pay $100,000 to Resolve Civil Liability for Violations of the False Claims ActRead the Press Release
HARRISBURG, PA —The United States Attorney’s Office for the Middle District of Pennsylvania announced that Dr. Gina Sohn, a dentist practicing in South Korea, has agreed to pay the United States $100,000 to resolve civil liability for alleged violations of the False Claims Act.
According to Acting United States Attorney, Bruce D. Brandler, Dr. Sohn is a licensed dentist who practices in South Korea, serving U.S. military service members and their families. Between January 1, 2017 and January 1, 2021, Dr. Sohn allegedly submitted false or fraudulent claims for payment to the TRICARE Program for services not rendered to her patients, specifically for fillings not provided to patients. TRICARE is the healthcare program for uniformed service members, retirees, and their families around the world. The amount of the settlement represents the reimbursements received for the billings for unrendered services and penalties.
“Healthcare providers must be held accountable when they falsely represent the services they are providing in order to increase their profits,” said Acting U.S. Attorney Brandler. “Health care fraud is a high priority of the Department of Justice and overpayments by the government issued through programs like TRICARE contribute to the ever escalating costs of health care in the United States.”
“The special agents of the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service (DCIS) are dedicated to ensuring that our military members and their dependents receive the high quality care that the TRICARE program provides for” said Stanley A. Newell, Special Agent-in-Charge of the DCIS Transnational Operations Field Office. “This settlement demonstrates that no matter where they are on the globe, those who defraud the American military and taxpayers will be brought to justice.”
This Settlement Agreement is neither an admission of liability by Dr. Sohn nor a concession by the United States that its claims are not well founded.
This matter was investigated by the Defense Criminal Investigative Service and was handled by Assistant United States Attorney, Tamara J. Haken and the Affirmative Civil Enforcement (ACE) Unit within the U.S. Attorney’s Office.
# # #
Debarred Former Defense Contractor Pleads Guilty to Making False Statements Involving Government ContractsRead the Press Release
Jacksonville, Florida – Billy Micah Sermons (44, Jacksonville) has pleaded guilty to making a false statement to the U.S. General Services Administration (GSA), a federal agency. Sermons faces a maximum penalty of five years in federal prison and payment of restitution to the federal government. A sentencing date has not yet been set.
According to the plea agreement, in May 2015, the Defense Contract Management Agency (DCMA) began investigating the business practices of Excel Components, LLC, a business involving Sermons and others. Excel conducted business with the federal government by contracting with the Defense Logistics Agency (DLA). These contracts involved supplying various items to be used by members of the United States military throughout the Department of Defense. As a result of their investigation, in September 2015, DLA debarred Sermons from contracting with the federal government due to his involvement with Excel and another business contracting with DLA, East Coast Machine and Tool LLC. DLA debarred Sermons until August 19, 2018.
Also, in May 2015, Sermons, using the identity of another individual, (Person #1), submitted or caused to be submitted a registration for Franklin Southern Manufacturing LLC (FSM) in SAM.GOV, a U.S. government-wide, online portal operated by the GSA. Entities register in SAM.GOV in order to do business with the federal government, to include contracting. Sermons successfully registered FSM in SAM.GOV to do business with the federal government. Thereafter, during the timeframe of his debarment and knowing that he was ineligible for the award of contracts by any federal agency, Sermons used the identity of Person #1 and FSM to circumvent the terms of his debarment. He did this in order to continue bidding on and obtaining federal government contracts involving the DLA. As part of the contracting process, on multiple occasions during his debarment, Sermons falsely certified or caused to be falsely certified within SAM.GOV that none of the principals at FSM were debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any federal agency.
This case was investigated by the U.S. General Services Administration - Office of Inspector General and the Defense Criminal Investigative Service, with assistance from the Defense Logistics Agency. It is being prosecuted by Assistant United States Attorney Kevin C. Frein.
DOJ awards more than $6 million in grants to state and tribal partners to provide victim servicesRead the Press Release
Seattle – Twelve tribal communities and various sexual assault and domestic violence treatment providers have been awarded DOJ grants totaling more than $6 million to support services to victims. The funding is from DOJ Office of Victims of Crime (OVC) and the Office of Violence against Women (OVW).
“As we observe Domestic Violence Awareness Month, it is important to highlight the good work being done to assist victims of violence, sexual assault, and child abuse,” said U.S. Attorney Nick Brown. “These funds are targeted at culturally appropriate services for communities that for too long have been ignored and marginalized.”
The Washington State Native American Coalition against Domestic Violence and Sexual Assault was awarded $341,347 to increase awareness and enhance response to sexual assault and domestic violence in tribal communities. Individual tribes also received funding aimed at victim services including:
Jamestown S’Klallam Tribe - $354,375
Confederated Tribes of the Chehalis Reservation - $372,817
Shoalwater Bay Indian Tribe - $354,375
Hoh Tribe - $354,375
Muckleshoot Indian Tribe -$422,695
Stillaguamish Tribe of Indians - $354,375
Puyallup Tribe of Indians -$693,278
Lummi Nation - $422,695
Suquamish Tribe - $422,695
Nisqually Indian Tribe - $412,733
The Tulalip Tribes received a $421,267 grant specifically for services to child victims of sexual assault and abuse.
Harborview Medical Center received $499,999 in funding under the Rural Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program to develop services in rural areas. The Rural Program funds projects that implement, expand, and establish cooperative efforts among law enforcement officers, prosecutors, victim service providers, and other related parties to investigate and prosecute incidents of sexual assault, domestic violence, dating violence, and stalking; provide treatment, advocacy, counseling, legal assistance, or other victim services to victims in rural communities; or develop or strengthen programs addressing sexual assault, such as Sexual Assault Response Teams.
API CHAYA received $300,000 in funding under the Culturally Specific Services for Victims of Sexual Assault, Domestic Violence, Dating Violence, and Stalking Program. The funding is to support culturally specific community-based organizations in addressing the critical needs of sexual assault, domestic violence, dating violence, and stalking victims in a manner that affirms a victim’s culture.
Detailed information on use of the grant money is available from the recipient or via web resources here: https://www.justice.gov/grants
DEA Announces 21st National Prescription Take Back DayRead the Press Release
United States Attorney SHAWN N. ANDERSON, for the Districts of Guam and the Northern Mariana Islands (NMI), will join the Drug Enforcement Administration (DEA) on Saturday, October 23rd for its 21st National Prescription Drug Take Back Day. The biannual event will be held from 10:00 a.m. to 2:00 p.m., at thousands of collection sites around the country, including here in Guam and the NMI. This event offers free and anonymous disposal of unneeded medications at more than 4,000 local drop-off locations nationwide.
The United States is in the midst of an opioid epidemic—drug overdoses are up thirty percent over the last year alone and taking more than 250 lives every day. The majority of opioid addictions in America start with prescription pills found in medicine cabinets at home.
In April 2021, citizens of Guam and the NMI turned in over 1,565 pounds collectively. According to the Centers for Disease Control and Prevention reported that last year, more than 93,000 people died of drug overdoses in the United States, marking the largest number of drug-related deaths ever recorded in a year. Opioid-related deaths accounted for 75 percent of all overdose deaths in 2020.
The following sites in Guam and the NMI are designated to receive unused prescription drugs and vaping device products on Saturday, October 23, 2021, between 10:00 a.m. and 2:00 p.m.:
- Agana Shopping Center (Center Court)
- Andersen Air Force Base Exchange (Entrance to Store)
- Dededo Mayor’s Office
- Malesso’ Mayor’s Office
- Naval Base Guam - Navy Exchange (Food Court)
- Saipan Commonwealth Health Center (Outpatient Pharmacy)
- Rota Health Center
- Tinian Health Center
Contact DEA Resident Agent in Charge Kenneth Bowman at 671-472-7384 regarding any questions about prescription drug abuse and any concerns regarding drug-related activity on Guam or in the NMI.
For more information, go to www.dea.gov, www.DEATakeBack.com
Cuban National Sentenced to Federal Prison in Gas Pump Skimmer SchemeRead the Press Release
BEAUMONT, Texas - A Cuban national has been sentenced to prison for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Victor Entenza, 30, pleaded guilty on May 10, 2021 to conspiracy to commit access device fraud and aiding and abetting aggravated identity theft. Entenza was sentenced to 30 months in federal prison today by U.S. District Judge Thad Heartfield.
“Typically, a skimmer, such as the one found in this case, is placed inside a gas pump and used by criminals to collect credit card information from victims using the pump,” said Acting U.S. Attorney Nicholas Ganjei. “The crime is difficult to detect because intended gas purchase will proceed without interruption or notification,” Ganjei added. “A single gas station skimmer is capable of storing credit card information for hundreds of victims.”
According to information presented in court, on Jan. 27, 2017, an officer with the Nacogdoches Police Department conducted a traffic stop on a vehicle driven by Entenza and occupied by Cuban nationals, Orlando Enrique Quesada-Oliva, 25, and Ricardo Chavez-Travieso, 29. During the traffic stop, the officer discovered a credit card bearing the name of third party, leading to a more exhaustive search of the car. During this search, the officer found a notepad that listed various gas stations in Texas, Tennessee, and Alabama, numerous cell phones, a laptop computer and tape used as a security seal/tamper indicator for gas station fuel pumps. The officer also located a card skimmer, an encoder, a key used to open gas pumps, and additional credit cards located in hidden compartments within the vehicle. Credit card information for nine individuals, none of whom were occupants the vehicle, was additionally found.
Entenza, Oliva, and Travieso were indicted by a federal grand jury on Oct. 8, 2020 and charged with federal violations. On July 12, 2021, Travieso pleaded guilty to conspiracy to commit access device fraud and aiding/abetting aggravated identity theft. Travieso is awaiting a sentencing date. The case against Oliva is still pending.
This case was investigated by the Nacogdoches Police Department and the Department of Homeland Security Investigations (HSI) and prosecuted by Special Assistant U.S. Attorney Tommy L. Coleman.
###
Coolidge Real Estate Investor Convicted of Wire Fraud and Money LaunderingRead the Press Release
PHOENIX, Ariz. – Last week, Sarah Nicole Kelley, 40, of Coolidge, Arizona, was found guilty by a federal jury of 24 counts of wire fraud and 8 counts of money laundering. The case was tried before U.S. District Judge John J. Tuchi. Kelley is currently out of custody until her sentencing date, which is scheduled for February 3, 2022.
The evidence at trial showed that Kelley defrauded a family friend out of the friend’s entire $185,000 in savings. Kelley, a former real estate agent, convinced the victim to invest in a real estate project and send additional money for a short-term loan. Instead of using the money as promised, Kelley used all of the victim’s savings to pay off her own debts and then strung the victim along for months with a series of lies and excuses about how the money was spent and when the victim would get it back. Other evidence showed that Kelley defrauded another family friend out of $647,000 just a few years earlier using similar tactics.
A conviction for wire fraud carries a maximum penalty of 20 years of imprisonment, a $250,000 fine, or both. A conviction for money laundering carries a maximum penalty of 10 years of imprisonment, a $250,000 fine, or both.
The Internal Revenue Service – Criminal Investigation conducted the investigation in this case. Assistant United States Attorneys Caitlin Noel, James R. Knapp, and M. Bridget Minder, District of Arizona, handled the prosecution.
CASE NUMBER: CR-19-1143-PHX-JJT
RELEASE NUMBER: 2021-072_Kelley# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Columbia Man Sentenced to Seven Years in Federal PrisonRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that James Eric Hampton, Jr., 37, of Columbia, was sentenced to seven years in federal prison today after pleading guilty to being a felon in possession of a firearm and ammunition and possession with intent to distribute marijuana.
Evidence presented in court showed that on the night of June 10, 2019, an officer with the University of South Carolina Police Department observed a vehicle at the intersection of Gervais Street and Assembly Street and noticed that it had a suspended license plate. Upon approaching the vehicle, the officer smelled marijuana coming from the vehicle. A search of the vehicle revealed over an ounce of marijuana, packed in baggies, along with a digital scale and cash. Hampton admitted to having sold marijuana earlier. The officer also located a stolen, loaded Ruger 9mm handgun, which Hampton admitted to purchasing off the street. Hampton had been released from the South Carolina Department of Corrections a year earlier after serving time for possession of a firearm.
Hampton was placed under arrested on state charges and later indicted federally. Hampton, who was later released on federal bond with GPS monitoring, absconded supervision, cut off the ankle monitor, and fled to North Carolina, where the United States Marshal’s Service apprehended him and returned him to South Carolina where he remained in custody. As a result, Hampton received an enhancement for obstruction of justice, his federal bond was revoked, and a portion of the bond was forfeited.
Hampton is a felon and prohibited from possessing firearms and ammunition under federal law based upon prior state convictions. Hampton has prior state convictions from Richland, Fairfield, Newberry, and Lexington Counties for use of a vehicle without permission, driving under suspension, unlawful possession of a firearm, burglary 3rd degree, assault and battery of a high and aggravated nature, giving false information, simple possession of marijuana, habitual traffic offender, assault and battery 2nd degree, and possession of a pistol by an unlawful person convicted of a crime of violence.
United States District Judge Mary Geiger Lewis of Columbia sentenced Hampton to 84 months in federal prison, to be followed by a three-year term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the University of South Carolina Police Department. The case was prosecuted as part of the 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.
Assistant United States Attorney Stacey D. Haynes prosecuted the case.
#####
Cocaine supplier, codefendant sentenced to federal prison in Richmond County narcotics conspiracyRead the Press Release
AUGUSTA, GA: The man who supplied cocaine for a major Richmond County drug trafficking operation, and another man who admitted to a firearms offense related to the operation, have been sentenced to federal prison.
Mario Hubbard, 45, of Smryna, Ga., was sentenced to 151 months in prison, fined $35,000 and ordered to serve four years of supervised release after completion of his prison term after pleading guilty to Conspiracy to Possess with Intent to Distribute and To Distribute Cocaine and Marijuana, and Conspiracy to Commit Money Laundering, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. Hubbard also forfeited his Smyrna home, with an estimated value of more than $600,000, that was alleged to have been purchased with drug trafficking proceeds.
U.S. District Court Chief Judge J. Randal Hall also sentenced one of Hubbard’s co-defendants, Timothy Dale Reid, 53, of Augusta, to 78 months in prison after pleading guilty to Possession of a Stolen Firearm. Reid also was fined $1,500 and ordered to serve three years of supervised release after completion of his prison term.
There is no parole in the federal system.
“This operation is an outstanding example of the results of the collaborative law enforcement effort from local, state, and federal agencies,” said Acting U.S. Attorney Estes. “We particularly commend the work of investigators from Internal Revenue Service Criminal Investigations for their assistance in seizing the ill-gotten gains of this significant drug trafficking enterprise.”
The sentences are the culmination of the 2019 indictment in USA v. Freeman, et. al., a two-year Organized Crime Drug Enforcement Task Forces (OCDETF) investigation initiated by the Richmond County Sheriff’s Office and the U.S. Drug Enforcement Administration into cocaine distribution throughout the greater Augusta area. The investigation identified Hubbard as supplying cocaine through Atlanta-area connections to Terrance Quain Freeman, 50, of Augusta, who served as a leader of the conspiracy that funneled kilos of cocaine and crack cocaine into the community for distribution by local dealers.
During the investigation of Operation Snowfall – so named because of the large quantities of powder cocaine involved – DEA agents and sheriff’s office investigators seized more than $500,000 in cash, more than two kilos of cocaine, 32 grams of crack cocaine, and more than 9 pounds of marijuana, along with eight firearms.
Freeman is serving 100 months in federal prison after pleading guilty to Conspiracy to Possess with Intent to Distribute and To Distribute Cocaine and Marijuana. Four other defendants are serving sentences of up to 151 months in federal prison, while Quieaton Freeman, 23, of Augusta, awaits sentencing after pleading guilty to Possession of Firearms by an Illegal Drug User. He is a son of Terrance Freeman and the last remaining federal defendant in the operation. More than a dozen other defendants also have been prosecuted on state charges in the investigation.
“Collaboration with our agency partners and utilizing all of our specialized talents were the keys to success in this investigation,” said IRS Criminal Investigation Assistant Special Agent in Charge Demetrius Hardeman. “This Operation is a win in the war against drugs and its financing. We are committed to continue using our financial expertise to bring justice to those who harm our communities.”
“Drug trafficking breeds violence, and the traffickers who engage in this dangerous lifestyle often protect their ill-gotten gains with dangerous weapons – as was the case in this investigation,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “DEA and the entire law enforcement community are committed to making the citizens of these affected communities in Georgia and elsewhere safer by removing dangerous criminals from their neighborhoods.”
Sheriff Richard Roundtree directed the Richmond County Sheriff’s Office Narcotics Division to neutralize and dismantle local drug organizations, but to also target the organization’s source of supply. “In this case, RCSO and its federal partners reduced the supply lines from Atlanta to Augusta-Richmond County,” said Sheriff Roundtree. “Some of the defendants indicted in this case are career drug traffickers. Their removal from our community will enhance Augusta’s safety and security.”
The case was investigated under the Organized Crime Drug Enforcement Task Forces (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach.
The investigation was conducted by the U.S. Drug Enforcement Administration, the Internal Revenue Service Criminal Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Richmond County Sheriff’s Office, the Columbia County Sheriff’s Office, the Aiken County Sheriff’s Office, the Dekalb County HIDTA Task Force, the Greene County Sheriff’s Office, and the Georgia National Guard Counterdrug Task Force, and prosecuted for the United States by Assistant U.S. Attorneys Patricia G. Rhodes and Hank Syms.
Charlotte Man Is Sentenced to Nine Years for Robbing Store Owner at GunpointRead the Press Release
CHARLOTTE, N.C. – U.S. District Judge Max O. Cogburn, Jr. sentenced Solomon Davon Gilliam, 37, of Charlotte today to 108 months in prison for robbing a store owner at gunpoint, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Judge Cogburn also ordered Gilliam to serve two years of supervised release after he is released from prison.
Richard R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Johnny Jennings, of the Charlotte-Mecklenburg Police Department, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and today’s sentencing hearing, on June 30, 2018, at approximately 2:00 p.m., Gilliam entered Tobacco 2022, a retail store located at 2020 Beatties Ford Road in Charlotte. The store owner, M.D., and Gilliam were alone inside the store at the time. Soon after entering, Gilliam approached M.D. and struck him in the back of the head, causing M.D. to fall down. While holding a pistol in his hand, Gilliam ordered M.D. to hand over his wallet. The victim complied and Gilliam took $500 from the victim’s wallet along with the victim’s phone. Gilliam then threatened to kill M.D. if M.D. did not open the store’s register. The victim opened the register and Gilliam took approximately $2,800 in cash. After ordering the victim to stand in the corner, Gilliam fled the store on foot. Gilliam was later arrested by law enforcement in South Carolina.
In July 2020, Gilliam pleaded guilty to robbery of a business affecting interstate commerce, or Hobbs Act robbery. He is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility.
The investigation was handled by the FBI and CMPD. Assistant U.S. Attorney William Bozin, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Charleston Man Sentenced to Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – William Edward Byers II, 44, of Charleston, was sentenced today to 36 months in prison for prohibited possession of firearms by a felon. Byers was one of 15 individuals charged federally as a result of a long-term investigation, dubbed the “Woo Boyz.”
According to court documents, law enforcement officers executed a search warrant on February 10, 2021, at Byers’ Charleston residence and located five firearms. Byers is prohibited from possessing firearms due to a 2016 felony conviction in Kanawha County Circuit Court for conspiracy to manufacture, deliver, or possess with intent to manufacture or deliver methamphetamine.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Charleston Police Department, and the Metropolitan Drug Enforcement Network Team (MDENT). The U.S. Marshals Service and the West Virginia State Police provided assistance during the investigation.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Monica D. Coleman prosecuted the case.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00047.
###
Cary Man Sentenced in Child Pornography CaseRead the Press Release
WILMINGTON, N.C. – A Cary man was sentenced today by Chief Judge Richard E. Myers II to a total of 165 months for Receipt of Child Pornography. On February 19, 2021, Randall Womble Smith, 66, pled guilty to the charges.
According to court documents and other information presented in court, the Cary Police Department conducted a proactive investigation attempting to identify individuals using dark web websites and programs to distribute and collect child pornography. Based upon their investigation, detectives received a search warrant for Plastic Tooling Corporation to search for child sexual abuse material. They requested assistance from the Department of Homeland Security for the execution of the search warrant and the remainder of the investigation.
Smith, owner of the company was present when law enforcement arrived. Smith admitted to downloading and possessing child pornography. He admitted he had been looking at child pornography for a decade. When his digital devices were seized, investigators found nearly 9,000 images and videos of child pornography.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after the sentencing by Chief U.S. District Judge Richard E. Myers II. The Cary Police Department and the Department of Homeland Security investigated the case and Assistant U.S. Attorney Charity Wilson prosecuted the case.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:20-cr-00438-M-1.
Bronx Man Convicted of Possessing Ammunition in Connection with August 2020 ShootingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ROBERT GONZALEZ pled guilty today to possessing ammunition after having been convicted of a felony in connection with a shooting that took place in the vicinity of the 1800 block of University Avenue in the Bronx, New York, in August of 2020. GONZALEZ pled guilty before U.S. District Judge Valerie E. Caproni.
U.S. Attorney Damian Williams said: “Robert Gonzalez possessed ammunition in furtherance of a violent shooting. Today’s plea and conviction send the message that our Office is committed to bringing to justice those who perpetrate gun violence in our communities.”
As alleged in the Complaint, Indictment, and statements made in open court:
ROBERT GONZALEZ committed a shooting in the vicinity of the 1800 block of University Avenue in the Bronx on or about the evening of August 9, 2020. Law enforcement officers responded to the shooting after three 911 calls. When they arrived at the scene, law enforcement officers noticed two victims with gunshot wounds – one in the hand and another in the leg. The victims were attending a neighborhood block party that began around midnight and continued into the early hours of the morning.
Law enforcement officers identified ROBERT GONZALEZ as the shooter through, among other evidence, surveillance photographs and videos, which showed the shooter’s clothing and a unique-looking fanny pack around his torso, which matched surveillance images and videos of GONZALEZ from shortly before and after the shooting. Officers recovered a 9mm Luger shell casing from the vicinity of the shooting and found a fanny pack that matched the unique-looking fanny pack the shooter wore during a search of GONZALEZ’s apartment.
At the time of the August 9, 2020, shooting, GONZALEZ had been previously convicted of multiple felony offenses, including attempted criminal possession of a weapon, attempted robbery, and narcotics conspiracy.
* * *
GONZALEZ, 34, of the Bronx, New York, pled guilty to one count of being a felon in possession of ammunition, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 2, which carries a maximum penalty of 10 years in prison. The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
GONZALEZ is scheduled to be sentenced by Judge Caproni on February 7, 2022.
Mr. Williams praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Brandon D. Harper is in charge of the prosecution.
Boulder Weather Research Organization and Officers Pay over $2 Million to Resolve Investigation into Improper Use of Federal Grants for Scientific ResearchRead the Press Release
DENVER –The Center for Severe Weather Research (CSWR), a nonprofit organization in Boulder, Colorado, has paid over $2.4 million to resolve allegations that it engaged in fraud related to grants it received from three federal agencies: the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA), and the National Oceanic and Atmospheric Administration (NOAA), an agency within the U.S. Department of Commerce.
CSWR conducted scientific weather research popularly known as “storm chasing” with its “Doppler on Wheels” fleet. The United States alleges that from 2004 to 2020, CSWR improperly requested payments from federal grants for expenses that CSWR had not incurred. The United States also contends that CSWR had inadequate internal controls for the federal funds it received, including inadequate documentation and controls over large cash transactions.
The settlement announced today also resolves allegations that the principals of CSWR, Joshua Wurman and Ling Chan, improperly obtained payments to which they were not entitled. Those allegations, which relate primarily to rental payments for CSWR offices in their personal residence, are resolved with Dr. Wurman and Ms. Chan’s repayment to the United States of $203,776.
“Our office works to protect taxpayers by stopping people who wrongfully obtain federal grant money,” said Acting U.S. Attorney Matt Kirsch. “We will pursue both organizations and individuals if they improperly obtain federal funds or fail to track those funds with adequate safeguards and controls.”
NSF Inspector General Allison Lerner stated: “Each year the National Science Foundation awards millions of dollars in grants to promote promising scientific research. However, the Foundation expects grant recipients to follow federal cost principles. Expenses charged to grants must be allowable, allocable, and reasonable. I commend the U.S. Attorney's Office and our investigative partners for their work on upholding federal grant rules in this case.”
“This investigation is a prodigious example of how we partner with other law enforcement agencies that are committed to protecting federal grants and ensuring that funds are appropriately spent,” said Bob Steinau, Assistant Inspector General for Investigations, NASA Office of Inspector General (OIG). “I want to applaud the exemplary efforts from Commerce OIG, NSF OIG, and the U.S. Attorney’s Office. The NASA OIG along with its law enforcement partners, will continue to aggressively investigate those individuals and entities that take advantage of the trust of the American taxpayers.”
“We are committed to ensuring grant funds NOAA awards for important research are handled appropriately and used for their intended purpose,” said Scott Kieffer, Assistant Inspector General for Investigations for the U.S. Department of Commerce, Office of Inspector General (OIG). “Our office appreciates the investigative partnership with the U.S. Attorney’s Office, NASA OIG and NSF OIG that led to this result, and we will continue to focus our resources on investigations that serve to protect taxpayer money.”
This case was handled by Assistant U.S. Attorney Andrea Wang.
Beresford Man Sentenced for Receipt and Distribution of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Beresford, South Dakota, man convicted of Receipt and Distribution of Child Pornography was sentenced on October 18, 2021, by U.S. District Judge Lawrence P. Piersol.
Anthony James Berst, age 34, was sentenced to 66 months in federal prison, followed by 10 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Berst was indicted by a federal grand jury on March 2, 2021. He pled guilty on August 2, 2021.
The conviction stemmed from incidents between September 7, 2020, and January 6, 2021, when Berst used his Snapchat account to upload files containing child pornography. Berst also downloaded files that contained child pornography from the internet on to his cell phone and laptop.
Berst knowingly received digital files that depicted child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer.
This case was investigated by the Federal Bureau of Investigation, Homeland Security Investigations, South Dakota Division of Criminal Investigation, and the Beresford Police Department. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Berst was immediately turned over to the custody of the U.S. Marshals Service.
Austin Man Pleads Guilty to Attempted Robbery and Shooting Convenience Store EmployeeRead the Press Release
AUSTIN – An Austin man pleaded guilty today to participating in the robbery of a gas station convenience store, which resulted in the shooting of an employee of the business.
According to court documents, on October 7, 2020, at approximately 11 p.m., Deon Ross, 36, along with co-defendant Lavante Carter, 19, of Austin, attempted to rob a Shell gas station on Interstate Highway 35 in Austin. Both Carter and Ross carried firearms and displayed them to two store employees who were working that night. After demanding money Ross shot one of the employees.
Ross pleaded guilty to one count of interference with commerce by threats or violence and one count of discharge of a firearm during and in relation to a crime of violence. He is scheduled to be sentenced on December 21, 2021 and faces up to 20 years in prison on the robbery charge and 10 years to life for the firearm charge.
On October 19, 2021, Carter pleaded guilty to one count of interference with commerce by threats or violence and one count of brandishing a firearm during and in relation to a crime of violence. Carter is scheduled to be sentenced on December 21, 2021. He faces up to 20 years in prison on the robbery charge and 7 years to life for the firearm charge.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas; FBI Special Agent in Charge Christopher Combs; and Austin Police Chief Joseph Chacon made the announcement.
The FBI and the Austin Police Department are investigating the case. Assistant U.S. Attorneys Gabriel Cohen and Keith Henneke are prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
###
Alleged Boston Gang Member Pleads Guilty to Drug ConspiracyRead the Press Release
BOSTON – An alleged member of the Franklin Hill street gang in Boston pleaded guilty today to federal drug charges.
Timmy Hunt, 30, pleaded guilty to two counts of distribution and possession with intent to distribute cocaine base and one count of distribution and possession with intent to distribute over 28 grams of cocaine base. U.S. District Court Judge Denise J. Casper scheduled sentencing for Feb. 9, 2022. Hunt was indicted in June 2020 along with co-defendant Trevel Brewser.
Hunt and Brewster distributed and possessed with intent to distribute cocaine base in Boston on Feb. 26, 2020 and March 2, 2020 and conspired to distribute and possess with intent to distribute over 28 grams of cocaine base. On Sept. 16, 2021, Brewster was sentenced by Judge Casper to five years in prison and four years of supervised release.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of Federal Bureau of Investigation, Boston Division; Boston Police Acting Commissioner Gregory Long; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Suffolk County Sheriff Steven W. Tompkins; and Brockton Police Chief Emanuel Gomes made the announcement today. Mendell’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.