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Wednesday 6 October 2021
North Andover Woman Sentenced for Performing Illegal Silicone InjectionsRead the Press Release
BOSTON – A North Andover woman was sentenced today in federal court in Boston for performing illegal silicone injections in exchange for money.
Gladys Araceli Ceron, 73, was sentenced by U.S. District Court Judge Richard G. Stearns to two years in prison and two years of supervised release. The judge reserved judgment on restitution for a later date. On April 2, 2021, Ceron pleaded guilty to five counts of delivery for pay of an adulterated or misbranded medical device received in interstate commerce with the intent to defraud or mislead.
“For 15 years, Ms. Ceron chose to make money by injecting her cosmetics customers with toxic silicone – all the while knowing that by doing so she was exposing them to serious harm, disfiguration and potentially death,” said Acting United States Attorney Nathaniel R. Mendell. “We are committed to protecting the health and safety of the public, and the sentence imposed by the court shows that people who callously put people at great risk of harm will be punished.”
“Injecting silicone oil not approved for human use can result in serious bodily injury or death,” said Jeffrey J. Ebersole, Special Agent in Charge of the U.S. Food & Drug Administration, Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who offer this dangerous product to the public.”
From approximately 2004 to 2019, Ceron, who operated her business in Lawrence, performed illegal bodily injections using “gluteal material” that she obtained from a source in Florida. Lab tests of the material subsequently confirmed that it contained silicone oil – a substance that the U.S. Food and Drug Administration warns can travel through blood vessels and cause a stroke, death or permanent disfigurement.
In 2018, Ceron agreed to perform buttock enhancing and facial injections for an individual. During a recorded meeting on May 24, 2018, Ceron told the individual that she charged $500 for buttock injections and $60 for each wrinkle-filling injection. A search of Ceron’s business in Lawrence the following month resulted in the seizure of several bottles and syringes of a substance that tests revealed to be silicone oil. Numerous uncapped, used syringes were also recovered from the business.
Ceron admitted to performing illegal injections to augment the buttock or fill wrinkles of five victims in exchange for money and misled her victims about her qualifications and the identity and safety of the material she was injecting. According to court documents, the government estimates that hundreds or thousands of individuals may be victims of the illegal injections she performed.
Acting U.S. Attorney Mendell, FDA OCI SAC Ebersole and Justin C. Fielder, Special Agent in Charge of the U.S. Food & Drug Administration, Office of Criminal Investigations, Miami Field Office made the announcement today. Assistant U.S. Attorney Rachel Y. Hemani of Mendell’s Health Care Fraud Unit prosecuted the case.
New Jersey Couple Resentenced for Child AbuseRead the Press Release
NEWARK, N.J. – A former U.S. Army major and his wife today were sentenced for a third time for their respective roles in abusing their adopted children – who all were less than 4 years old and developmentally delayed – through neglectful and cruel acts, including breaking their bones, denying them medical attention, withholding water and force-feeding them hot sauce, Acting U.S. Attorney Rachael Honig announced.
Carolyn Jackson, 44, was sentenced to time served and her husband, John E. Jackson, 46, formerly a major in the Army at the Picatinny Arsenal Installation in Morris County, New Jersey, was sentenced to 18 months of home confinement.
Convicted by a jury in July 2015 on multiple counts of child endangerment, Carolyn Jackson had received 24 months in prison and John E. Jackson had received probation and 400 hours of community service when they were originally sentenced in December 2015. The government appealed their sentences to the U.S. Court of Appeals for the Third Circuit, which ruled in July 2017 that the District Court had committed several errors in the process of imposing those sentences. The defendants were resentenced on April 11, 2018. Carolyn Jackson received a sentence of 40 months in prison, with credit for time served. John Jackson received the same probationary sentence. The government appealed for a second time and the U.S. Court of Appeals vacated and remanded for a second resentencing after finding once again several errors.
The Jacksons were each found guilty following a four-month trial before U.S. District Judge Katharine S. Hayden in Newark federal court of one count of conspiracy to endanger the welfare of a child; Carolyn Jackson was found guilty of 11 substantive counts of endangering the welfare of a child and John Jackson was found guilty of nine substantive counts of endangering the welfare of a child. Judge Hayden imposed the sentences today in Newark federal court.
The case falls under federal jurisdiction because the crimes were committed on a military base. John Jackson was discharged from the Army in May 2015.
According to documents filed in this case and the evidence at trial:
From August 2005 until April 23, 2010, Carolyn and John Jackson conspired to engage in a constant course of neglect and cruelty towards three children they fostered and then adopted. The Jacksons told their biological children not to report the physical assaults to others, saying that the punishments and disciplinary techniques were justified, as they were “training” the adopted children how to behave.
After John Jackson was informed by a family friend that the oldest biological child had revealed the abuse in the Jackson household, John Jackson reported the breach to Carolyn Jackson, who retaliated against that biological child by beating the child 30 times with a belt.
As part of the conspiracy, the Jacksons physically assaulted their adopted children with various objects, causing two children to sustain fractured bones (including a fractured spine, fractured skull and fractured upper arms); failed to seek prompt medical attention for their injuries; withheld sufficient nourishment and food from their adopted children; withheld adequate water from two of their children and, at times, prohibited them from drinking water altogether; forced two of the children to consume foods intended to cause them pain and suffering, such as red pepper flakes and hot sauce, and caused one child to ingest excessive sodium or sodium-laden substances while being deprived of water, leading to a life-threatening condition on two separate occasions in two states. The Jacksons even punished one adopted child, who had to resort to sneaking food and drinking from the toilet, by hitting the child, making the child ingest hot sauce, and forcing the child to eat a raw onion like an apple.
None of the children, adoptive and biological, remain in the custody of the defendants.
Judge Hayden also sentenced Carolyn Jackson to one year of supervised release.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch in Newark, with the investigation leading to today’s sentencings. She also thanked the U.S. Army Criminal Investigation Command, under the command of Major General David E. Quantock, and the Morris County Prosecutor’s Office, under the direction of Prosecutor Robert J. Carroll.
The government is represented by Assistant U.S. Attorneys John Romano and Naazneen Khan of the U.S. Attorney’s Office in Newark.
Navajo man in federal court for murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Quinten Smith, 21, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, was charged in federal court on Oct. 4 with murder in Indian Country. Smith will remain in custody pending trial.
According to a criminal complaint, on Sept. 24, Smith and others allegedly went to the home of the victim, identified as John Doe, to confront him. When they arrived at the home, a physical altercation allegedly ensued. During the fight, Smith allegedly stabbed the victim multiple times in the back with a pocketknife. Smith and the others allegedly fled the home immediately.
John Doe, who was also an enrolled member of the Navajo Nation, was found deceased in his home later that day. The killing occurred on the Navajo Nation.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Smith faces life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Narcotics Dealing Couple Pleads Guilty to Federal Drug Trafficking Charges and Assault on of a Federal OfficerRead the Press Release
Greenbelt, Maryland – Alicia Marie Walls, age 28, of Bowie, Maryland; and Andrew Joseph Trimmer, age 32, of Bowie, Maryland pleaded guilty on October 4, 2021 to conspiracy to distribute and possess with intent to distribute controlled substances and, possession with intent to distribute controlled substances. Trimmer also pled guilty to assault on a federal officer.
The guilty pleas were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division (DEA); and Chief Malik Aziz of the Prince George’s County Police Department (PGPD).
According to their guilty pleas, between May 2018 to September 2020, Walls and Trimmer conspired with others to distribute and possess with the intent to distribute heroin and fentanyl.
Specifically, on May 28, 2018, in Bowie, Maryland, Trimmer sold fentanyl to Victim A. During the narcotics transaction, Victim A and Victim A’s friends ingested the heroin that Trimmer distributed. Shortly after ingestion, Victim A overdosed and lost consciousness. After receiving life support treatment, Victim A survived the overdose, which constituted a serious bodily injury.
Prior to the overdose on May 28, 2018, Trimmer distributed at least one gram of heroin and fentanyl to Victim A approximately two times per week for two years. Trimmer and Walls had numerous narcotics customers in the Bowie area, including two other victims, Victim B and Victim C. In partnership, Walls and Trimmer distributed at least 240 grams of heroin/fentanyl to Victims B and Victim C.
Occasionally, Trimmer and Walls sold narcotics in the presence of their minor child who was under the age of three years old.
On July 16, 2019, while caring for a minor child, Walls ingested narcotics and fell asleep. While asleep, the nine-month-old child obtained narcotics from Wall’s belongings, ingested the narcotics, and subsequently overdosed. Walls and Trimmer transported the child to a nearby hospital where healthcare workers revived the child. After receiving additional lifesaving measures, the child survived.
Following the child’s overdose, law enforcement officers executed a search warrant at Walls and Trimmer’s hotel room on September 25, 2020. As agents announced themselves, Trimmer yelled “Alicia! I’m not going back!” and attempted to flee on foot. After disregarding law enforcement’s commands to stop, Officer A attempted to physically stop Trimmer from fleeing. Trimmer then proceeded to grab the officers body armor and began to physically assault Officer A. Eventually, Trimmer was apprehended. Officer A sustained a torn meniscus as a result of the assault.
After searching Trimmer’s person, law enforcement recovered approximately 30 grams of fentanyl, two cell phones and $1,143 from Trimmer’s jacket. Trimmer and Walls agreed that the $1,143 recovered were proceeds of narcotics sales. Subsequent lab results confirmed that the narcotics in Trimmer’s jacket was fentanyl mixed with diphenhydramine and etizolam. From Trimmer’s car, officers seized four digital scales, plastic sandwich bags, and razor blades. Officers also seized numerous luxurious items including a Louis Vuitton Josh backpack, a men’s diamond 14kt yellow gold cross pendant and chain, a woman’s diamond 14kt rose gold cross pendant, a Louis Vuitton flower hobo purse, a Louis Vuitton NeoNoe Azur handbag, and a 2015 Audi A-4 sedan.
As stated in their plea agreements, after Trimmer was taken into custody on September 25, 2020, Walls continued to sell heroin and fentanyl in the southern Maryland area. In October 2020, two narcotics customers, Victim B and Victim C obtained fentanyl and heroin from Walls and then subsequently overdosed from the narcotics. Both Victims were treated for advanced life support and ultimately survived.
Walls was arrested on February 4, 2021. During her arrest officers recovered approximately $16,024 of drug proceeds. The drug proceeds were funds that had been previously buried in the woods. In total, Walls and Trimmer agreed that it is reasonably foreseeable that the conspiracy distributed at least 240 grams of heroin/fentanyl.
Walls and the government have agreed that, if the Court accepts the plea agreement, Walls will be sentenced to between 71 months and 87 months in federal prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for January 20, 2022 at 1 p.m.
Trimmer and the government have agreed that, if the Court accepts the plea agreement, Trimmer will be sentenced to between 114 months and 132 months in federal prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for Trimmer for November 22, 2021 at 1 p.m.
Acting United States Attorney Jonathan F. Lenzner commended the DEA and PGPD for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Erin B. Pulice, who is prosecuting the case.
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NCMEC CyberTipline Report Leads to 15 Year Sentence for Randolph County Recidivist Sex OffenderRead the Press Release
GREENSBORO – A North Carolina man was sentenced on October 6, 2021, to 180 months in prison, followed by a lifetime term of supervised release, for receiving child pornography after having been convicted of a child pornography offense.
Michael Scott Kivett, 41, was previously convicted in Guilford County of multiple counts of Second Degree Exploitation of a Minor in 2001 and, again, in 2009. As a result, he was required to register as a sex offender.
In September 2019, Google made a report to the National Center for Missing and Exploited Children (NCMEC) CyberTipline that child pornography images were uploaded to a Google Photos account. The images included prepubescent minors engaged in sex acts. The North Carolina State Bureau of Investigation (SBI) Computer Crimes Unit, the lead agency of the North Carolina Internet Crimes Against Children (ICAC) Task Force, received the tip and directed it to the Randolph County Sheriff’s Office, a task force member.
Randolph County Sheriff’s Office Investigator Joshua Hartong determined that the Google account belonged to Kivett and, in November 2019, he and Homeland Security Investigations (HSI) Special Agent Jessie Foster confronted Kivett and seized his phone. On the phone, investigators found 108 images and 126 videos depicting child pornography. Kivett admitted to viewing and downloading child pornography using a foreign cloud-based instant messaging application that offers end-to-end encrypted "secret" chatting. Kivett was arrested and detained on state charges.
He was charged in the Middle District of North Carolina in February 2020 and pled guilty to a superseding indictment charging him with receiving child pornography in November 2019 after having already been convicted of a child pornography offense.
“Protecting children from online sexual exploitation is a high priority,” said Acting U.S. Attorney Sandra J. Hairston. “In North Carolina, the ICAC task force, spearheaded by the SBI, leads these efforts. Active task force participation by our local partners like the Randolph County Sheriff’s Office is critical, especially given the increase in CyberTipline reports. We all owe a debt of gratitude to the investigators who work these cases.”
“Increased use of and access to the Internet during the pandemic has led to more opportunities for offenders to come into contact with teenagers and children. We greatly appreciate our partnerships with agencies advocating for increased public awareness and those who have contacted law enforcement with tips that make the Internet a safer place for children,” said Randolph County Sheriff Greg Seabolt.
“Kivett is being held accountable for his continued involvement and delight in the disgusting images of children being exploited, “said Special Agent In Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina and South Carolina. “Every time one of these images is shared or viewed it revictimizes an innocent person and HSI along with its partners will continue to search for, arrest and bring to justice anyone involved in this heinous crime.”
NCMEC’s CyberTipline is the nation’s centralized reporting system for the online exploitation of children. The public and electronic service providers can make reports of suspected online enticement of children for sexual acts, child sexual molestation, child sexual abuse material, child sex tourism, child sex trafficking, unsolicited obscene materials sent to a child, misleading domain names, and misleading words or digital images on the internet. https://www.missingkids.org/gethelpnow/cybertipline.[1]
According to the Computer Crimes Unit, https://www.ncsbi.gov/Divisions/Field-Operations/Computer-Crimes.aspx, NCMEC CyberTipline reports have increased dramatically in recent years.
Year
NCMEC CyberTipline Reports to North Carolina
2016
2511
2017
3258
2018
4737
2019
4893
2020
9308
2021
>11,500*
*Estimated based on reports to date: 8,815 as of October 1, 2021. September reports totaled 1403, the highest number ever received in a single month.
“The North Carolina ICAC Task Force is only successful because of the partnerships of local, state, and federal agencies working together to investigate some of the most heinous crimes that are perpetrated against some of the most vulnerable in our society,” said NC ICAC Task Force Commander Kevin Roughton. “As more children are online every day in an increasingly virtual world, the work of ICAC Task Force members is more important now than ever.”
This case was prosecuted by Assistant United States Attorney Eric L. Iverson. It was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse. The initiative is led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and focuses on coordinating federal, state, and local resources to better identify and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. www.projectsafechildhood.gov.
[1] To report information about missing or exploited children, dial 1-800-843-5678 to reach NCMEC’s 24-hour call center.
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Mexican Man Sentenced for Possession with Intent to Distribute 38 pounds of MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Jose De Jesus Zazueta-Cano, 45, was sentenced today in federal court in Omaha, Nebraska, for possession with intent to distribute methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Zazueta-Cano to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release. Zazueta-Cano will be deported to Mexico by U.S. immigration authorities when he completes his sentence of imprisonment.
On October 28, 2020, an undercover officer arranged a controlled purchase of methamphetamine through a known supplier. The supplier told the undercover officer that he would arrange for someone to deliver the methamphetamine. Zazueta-Cano arrived and provided the undercover officer approximately one pound of methamphetamine. Investigators were thereafter able to identify Zazueta-Cano and determined where he resided.
On November 3, 2020, investigators obtained a warrant authorizing the search of Zazueta-Cano’s apartment located within the basement area of a residence in Omaha. On November 4, 2020, agents arrested Zazueta-Cano as he exited the apartment. At the time of his arrest, Zazueta-Cano was carrying two trash bags. Investigators searched the trash bags and found another small black grocery sack with $26,105 inside.
After Zazueta-Cano was arrested, investigators executed the warrant to search his residence. The search yielded cellular phones, drug ledgers, and approximately 38 pounds of methamphetamine. The currency seized in this case will be forfeited to the United States.
This case was investigated by the Drug Enforcement Administration, Omaha Field Division.
Meridian Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – A Meridian, Mississippi man pleaded guilty today to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to court documents, James Ricky Stewart, Jr., 44, was found in possession of a firearm by officers of the Meridian Police Department on June 15, 2020, during a traffic stop. Stewart had a .40 caliber pistol in his car. Stewart has four prior felony convictions and it is contrary to federal law for him to possess any firearm.
Stewart is scheduled to be sentenced on January 5, 2022 and 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.
The Meridian Police Department and the ATF are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham 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.
Meridian Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – A Meridian man pleaded guilty to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Lakennth JDarrious Smith, 29, was found in possession of a firearm by officers of the Meridian Police Department on August 29, 2019, during the execution of a search warrant at his residence. Two firearms were found in Smith’s residence along with both powder and crack cocaine.
Smith is scheduled to be sentenced on January 5, 2022 and 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.
The Federal Bureau of Investigation and the Meridian Police Department are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham 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.
Maryland Woman Pleads Guilty to Paying Bribes in Return for Non-Public Information About Traffic Crash VictimsRead the Press Release
WASHINGTON – A Maryland businesswoman pleaded guilty today to paying cash bribes to an officer with the Metropolitan Police Department (MPD) in return for information contained in non-public police paperwork identifying individuals involved in traffic accidents.
Raquel DePaula, 43, of Beltsville, Md., pleaded guilty in the U.S. District Court for the District of Columbia, to one count of bribery of a public official. The Honorable Emmet G. Sullivan did not schedule a sentencing date. Under federal sentencing guidelines, she faces a likely range of 18 to 24 months in prison, as well as financial penalties. As part of her plea agreement, she must pay $15,001 in a forfeiture money judgment.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department.
DePaula and the police officer were indicted in June 2021. The officer has pleaded not guilty to charges and is awaiting further court proceedings.
DePaula owns RD Legal Solutions, LLC, a corporation that, among other things, acts as a “runner” providing contact information for traffic accident victims to attorneys in exchange for referral fees. According to a statement of offense submitted as part of the plea, from approximately April 2019 through August 2019, she paid cash to the officer to get confidential information from MPD Traffic Accident Reports. An MPD General Order limited the distribution of these reports to individuals involved in traffic accidents and their representatives.
In the statement of offense, DePaula admitted paying the officer between approximately $600 and $1,300 per week, though the amount varied, in exchange for the victim contact information. Over the course of the scheme, she admitted to paying over $15,000 to the officer and receiving contact information for 2,667 victims.
In announcing the plea, Acting U.S. Attorney Phillips, Special Agent in Charge Jacobs, and Chief Contee commended the work of those who are investigating the case from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. They also expressed appreciation for the work of Assistant U.S. Attorney Joshua S. Rothstein, who is prosecuting the matter.
Martinsburg man admits to child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brandon Cody Sabol, of Martinsburg, West Virginia, has admitted to a child pornography charge, Acting United States Attorney Randolph J. Bernard announced.
Sabol, 32, pleaded guilty to one count of “Possession of Child Pornography.” Sabol admitted to having an image of child pornography containing a child under the age of 12 in October 2020 in Berkeley County. Sabol was uploading child pornography to a social media app KIK in May 2020. West Virginia State Police were alerted, executed a search at this home in October 2020, and seized his iPhone. More than 3,300 images and 52 videos of child pornography were found on Sabol’s phone.
Sabol faces up to 20 years of incarceration and a fine of up to $250,000 for the possession charge and will also have to register pursuant to the Sexual Offender Registration and Notification Act. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Man sentenced to prison for assaulting dating partner on Fort Belknap Indian ReservationRead the Press Release
GREAT FALLS -- A man who admitted beating his dating partner on the Fort Belknap Indian Reservation and causing her substantial injuries was sentenced today to 18 months in prison to be followed by two years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Gordon Andrew Messerly, Jr., 43, address unknown, pleaded guilty in June to assault resulting in substantial bodily injury.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that on Dec. 27, 2019 on the Fort Belknap Indian Reservation, Messerly assaulted his dating partner, identified as Jane Doe, by striking her in the head. Doe was treated for injuries at the hospital.
Assistant U.S. Attorney Jared C. Cobell prosecuted the case, which was investigated by the FBI and Fort Belknap Law Enforcement.
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Man Caught Transporting Meth and Guns at Tulsa Airport Pleads GuiltyRead the Press Release
A man found transporting methamphetamine by aircraft into Tulsa’s Richard L. Jones Jr. Airport pleaded guilty Wednesday in federal court, announced Acting U.S. Attorney Clint Johnson.
Badlands Justice McNally, 29, of Tulsa pleaded guilty to possession of methamphetamine with intent to distribute and possession of a firearm during and in relation to a drug trafficking crime. U.S. District Judge Claire V. Eagan set sentencing for Feb. 1, 2022.
“Badlands McNally flew more than 100 pounds of methamphetamine into Tulsa and was apprehended thanks to the coordinated law enforcement work of U.S. Customs and Border Protection, Homeland Security Investigations, Tulsa County Sheriff’s Office and the Tulsa Police Department,” said Acting U.S. Attorney Clint Johnson. “This arrest and conviction exemplifies why law enforcement partnerships are a force multiplier. Together this team continues to hold accountable those who transport and traffic illicit drugs into northeastern Oklahoma.”
“We will do everything in our power to bring those who traffic dangerous drugs in our communities to justice," said Christopher M. Miller, Deputy Special Agent in Charge HSI Dallas. "This guilty plea not only holds McNally accountable for his crimes but also serves as a warning that Homeland Security Investigations will work diligently to help keep illicit drugs off the streets of our cities and towns throughout Oklahoma."
On March 16, 2021, Homeland Security Investigations (HSI)-Tulsa received information from Customs and Border Protection’s Air and Marine Operation Center (AMOC) in California, regarding an aircraft which appeared to be heading for Richard L. Jones Jr. Airport in Tulsa after departing Lake Havasu City, Arizona, earlier in the day. AMOC requested that agents conduct a certification inspection on the pilot.
According to the complaint and affidavit, two HSI special agents and a HSI Task Force Officer from the Tulsa County Sheriff’s Office responded and observed the aircraft landing at 10:55 pm. Upon request from the agents, the pilot, identified as McNally, provided the required documents for verification with the Federal Aviation Administration (FAA).
While the documents were being verified, agents engaged McNally in conversation, asking where he was coming from. McNally stated he was returning from Watonga, Oklahoma, but failed to disclose that he had originally departed from Lake Havasu City. Agents then asked if he was transporting anything, but McNally allegedly refused to answer the questions, became increasingly agitated, and avoided eye contact. He further declined when agents requested consent to search his plane.
Agents then requested a canine unit from the Tulsa Police Department to assist. The canine conducted a free air sniff of the aircraft. The canine displayed behavior indicating he smelled an odor and eventually alerted his handler to the presence of illegal substances. As the canine positively alerted to the cargo door of the airplane, agents had probable cause to search the airplane and discovered two duffle-bags filled with methamphetamine, a rifle, two pistols and multiple magazines.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Tulsa County Sheriff’s Office, Tulsa Police Department and U.S. Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Joel-lyn McCormick is prosecuting the case.
Macclenny Man Pleads Guilty to Escaping from Jacksonville Halfway HouseRead the Press Release
Jacksonville, Florida – Kevin Allen Rose (35, Macclenny) has pleaded guilty to escaping from a residential reentry center (halfway house) where he was completing a prior federal prison sentence. He faces a maximum penalty of five additional years in federal prison. A sentencing date has not yet been set.
According to court documents, in 2016, a federal judge found Rose guilty of possessing a firearm as a convicted felon and two counts of distributing marijuana. Rose was committed to the custody of the U.S. Bureau of Prisons (BOP) to serve 84 months in federal prison. In September 2020, the BOP transferred Rose into the custody of Keeton Corrections, Inc. Jacksonville Residential Reentry Center, a halfway house, to complete the remainder of his sentence.
On April 21, 2021, Rose escaped from Keeton and never returned. On September 16, 2021, Deputy U.S. Marshals arrested Rose in Atlantic Beach, Florida.
This case was investigated by U.S. Marshals Service. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Local man sentenced after shop owner shot in violent armed robbery attemptRead the Press Release
CORPUS CHRISTI, Texas - A 41-year-old Corpus Christi has been ordered to prison for role in an attempted armed robbery of local clock shop, announced Acting U.S. Attorney Jennifer B. Lowery.
A federal jury convicted Eric Richard Garza June of attempting to effect commerce by robbery and discharging a firearm during and in relation to a crime of violence. They deliberated for only approximately one hour following a two-day trial.
Today, U.S. District Judge Nelva Gonzales Ramos handed Garza a 78-month-term of imprisonment for the attempted robbery and an additional 120 months for the discharge of a firearm which must be served consecutively. The total 198-month prison term will be immediately followed by five years of supervised release. At the hearing, the court heard from the victim who explained how he suffered severe physical and psychological injuries as a result of being shot twice as well as financial losses from lost wages and hospital bills. In handing down the sentence, the court noted the severity of the offense, the harm caused to the victim and his financial losses as a result of Garza’s crime.
On Dec. 14, 2018, Garza drove to Central Watch and Clock Repair in Corpus Christi with Christopher Rangel-Musial. They put on masks and entered the store. Once inside, Rangel-Musial brandished the 9mm semi-automatic pistol Garza had given him and pointed it at the owner as Garza had instructed. Garza then demanded the victim to get on the ground, but he refused. Garza subsequently told Rangel-Musial twice to shoot the victim. Once again, Rangel-Musial did as told and fired three shots, hitting the victim in the stomach and back.
The shop owner managed to get to his revolver and chase Garza and Rangel-Musial out of the store. The victim shot Rangel-Musial as he fled.
At trial, the victim testified about the injuries he sustained when the would-be robbers shot him. The victim required two surgeries, lost eight inches of his colon as well as his spleen and suffered an injured kidney. He was in the ICU for four days. He now has an 11-inch scar as a constant reminder of that day and suffers from persistent insomnia.
At trial, the defense attempted to convince the jury that Rangel-Musial’s girlfriend was the accomplice. However, the victim was steadfast in his testimony that the voice he heard tell Rangel-Musial to “shoot him” belonged to a man. The jury did not believe the defense theory and found Garza guilty as charged.
Garza has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Rangel-Musial, 26, Corpus Christi, previously pleaded guilty, accepted responsibility and testified against Garza at trial. He later received a 108-month prison sentence.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Corpus Christi Police Department. Assistant U.S. Attorneys Joel Dunn and Christopher Marin prosecuted the case.
Large Scale Methamphetamine Distributor Sentenced to over a Decade in Federal PrisonRead the Press Release
A man who distributed over five kilograms of methamphetamine in the Dubuque area between 2018 and 2019 was sentenced today to more than ten years in federal prison.
Alan Julson, age 40, from Dubuque, Iowa, received the prison term after a guilty plea to possession with intent to distribute a controlled substance. At the guilty plea, Julson admitted that on October 21, 2019, he intended to distribute at least 50 grams of pure methamphetamine. Julson has prior convictions for his involvement with methamphetamine and, at sentencing, the court described Julson’s prior track record on probation as “horrendous.”
Julson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Julson was sentenced to 121 months’ imprisonment and fined $100. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Julson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Dubuque Police Department’s Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1024.
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La Crosse Man Sentenced to 5 Years for Trafficking Crack CocaineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Aubrey L. Marshall, 46, La Crosse, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 5 years in federal prison for possessing with intent to distribute 28 grams or more of crack cocaine. This term of prison will be followed by 6 years of supervised release. Marshall pleaded guilty to this charge on July 7, 2021.
On January 28, 2021, La Crosse Police Department officers purchased 11.1 grams of crack cocaine from Marshall through a confidential informant. A week later, on January 25, 2021, officers purchased 32.9 grams of crack cocaine from Marshall, again through a confidential informant. Later that day, law enforcement officers obtained a search warrant for Marshall’s apartment in La Crosse, and found 69 grams of crack cocaine, 69 grams of powder cocaine, and $5,930 in cash which included buy money from the drug deal earlier that day.
At sentencing, Judge Conley noted that this is Marshall’s second federal conviction for cocaine trafficking and that his criminal history is riddled with violence. Marshall has a prior federal felony conviction for distributing cocaine in the Western District of Wisconsin in 2005. He was sentenced to 140 months in prison in that case.
The charge against Marshall was the result of an investigation conducted by the La Crosse Police Department and the Federal Bureau of Investigation, with the assistance of the La Crosse County District Attorney’s Office. Assistant U.S. Attorney Steven P. Anderson prosecuted this case.
Justice Department Awards over $33 Million in Grants to Advance Community Policing Efforts Across the CountryRead the Press Release
The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) today announced over $33 million in funding to advance the practice of community policing in law enforcement. Community Policing Development (CPD) program funds are used to support promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities.
“Keeping communities safe requires building relationships and increasing trust between law enforcement and those they serve,” said Attorney General Merrick B. Garland. “The wide range of programs these funds will support – from de-escalation training and anti-bias efforts to technical assistance and accreditation programs – are critical to achieving our public safety goals. It is particularly meaningful to announce these awards during National Community Policing Week, which recognizes the importance of community policing and the positive results we can achieve when law enforcement and community members work together.”
In proclaiming Oct. 3-9 as National Community Policing Week, the Biden Administration emphasized its continuing efforts to both support the facilitation of police-community relationship building and to keep the community at the heart of everything that the nation’s law enforcement agencies do on a daily basis.
Highlights of the 2021 CPD funding include:
- Crisis Intervention Teams (CIT). Over $9 million will go toward expansion of the use of crisis intervention teams to embed mental and behavioral health services with law enforcement.
- Tolerance, Diversity, and Anti-Bias Training. Over $1.7 million will be used for the creation and delivery of tolerance, diversity and anti-bias training for law enforcement officers.
- De-escalation Training. Approximately $13 million will support the creation and delivery of national level de-escalation training efforts, as well as state and local law enforcement agency efforts to build and maintain their officers’ de-escalation proficiency.
- COPS Microgrants. More than $2.7 million will support COPS Microgrants demonstration or pilot projects in local agencies. These are projects that offer creative ideas to advance crime fighting, community engagement, problem solving or organizational changes to support community policing.
- Accreditation. Over $3.8 million will be used to expand accreditation programs and assist agencies with gaining accreditation to ensure compliance with national and international standards, covering all aspects of law enforcement policies, procedures, practices and operations.
Also announced today is an additional $2 million dedicated to continuing the COPS Office Collaborative Reform Initiative Technical Assistance Center (CRI-TAC). CRI-TAC provides a continuum of technical assistance services to the law enforcement field to increase accountability and build trust between police and the communities they serve; improve effectiveness and efficiency in agency operations; enhance officer safety and wellness; and widely share practices that are evidence-based, promising, innovative and representative of national standards.
More information on all the awards announced today can be found on the COPS Office website at https://cops.usdoj.gov/cpd-award.
For a message about the Community Policing Development grants from Associate Attorney General Vanita Gupta, see: https://www.justice.gov/opa/video/associate-attorney-general-vanita-gupta-provides-remarks-national-community-policing-week.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers.
Jury Declares Key West Money Launderer GuiltyRead the Press Release
Miami, Florida – Following a three-day trial, a federal jury in Key West, Florida found Sean Kerwin Bindranauth, 44, guilty of laundering $1 million derived from romance and investment fraud scams targeting elderly victims.
According to the evidence presented at trial, the victims of the romance scam were generally lonely older women who befriended the defendant’s co-conspirators, who posed as men living on oil rigs, serving in wars, or otherwise working in remote locations. After establishing the on-line relationship, the “men” convinced the victims to send them money. Other victims were misled by the defendant’s co-conspirators into investment scams. One victim testified at trial that he was misled into believing that a $1,000 plunge into cryptocurrency would yield a $10,000 return. In 2018 and 2019, victims of both scams were directed to send their money to Bindranauth, which they did by wire transfer, personal checks, or cash.
Once Bindranauth received the money, he would send it from the United States to Nigeria through international money transfer companies and direct bank transfers. Over a dozen seniors and other victims were tricked into sending Bindranauth and his co-conspirators approximately $1 million. Evidence at trial also demonstrated that other victims sent Bindranauth cash via USPS and that Bindranauth purchased gift cards and sent the gift card information to his co-conspirators in Nigeria to use. A forensic analyst testified that the loss to victims as a result of this part of the scheme was impossible to trace.
The jury found Bindranauth guilty of conspiring to commit money laundering and six counts of substantive money laundering, as well as conducting an unlicensed money transmitting business. U.S. District Judge K. Michael Moore will sentence Bindranauth on January 10, 2022, at 1:00 p.m. in federal district court in Key West. Bindranauth faces a maximum statutory sentence of 20 years in prison for the money laundering conspiracy, 20 years in prison for each money laundering count, and five years in prison for unlicensed money transmitting, in addition to fines.
Juan Antonio Gonzalez, Acting U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, made the announcement.
HSI Miami, Key West Office, investigated the case, with assistance from Florida Department of Law Enforcement. Assistant U.S. Attorneys Lindsey Lazopoulos Friedman and Yisel Valdes are prosecuting the case, with Assistant U.S. Attorney Daniele Croke handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 19-cr-10016.
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Judge sentences St. Louis man to 255 months in prison for conspiracy and distribution of cocaine base “crack”Read the Press Release
ST. LOUIS – On today’s date, United States District Judge Stephen R. Clark sentenced Bryan Kimble, 32, of St. Louis, Missouri, to 255 months in prison for conspiracy to possess with intent to distribute cocaine base and three counts of distribution of cocaine base. On May 12, 2021, a jury found Kimble guilty following a three-day jury trial.
The evidence during the trial proved that Kimble distributed cocaine base to an undercover Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent on three separate dates. Kimble also conspired with others to distribute cocaine base. In October 2019, ATF Special Agents received information from a confidential informant that Kimble was selling cocaine base. On October 11, 19, and 22, 2019, ATF successfully conducted controlled purchases of cocaine base from Kimble using an undercover agent. On each occasion, Kimble drove to a location to meet the undercover agent and and used a female passenger to complete the drug transactions. In all, Kimble sold more than 30 grams of cocaine base to the undercover agent. Based upon Kimble’s previous criminal history, Judge Clark sentenced Kimble pursuant to the Career Offender provision of the United States Sentencing Guidelines.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant United States Attorney Rodney H. Holmes and Special Assistant United States Attorney Ashley M. Walker handled the case.
Judge sentences St. Louis man to 156 months in prison for carjacking and weapons chargesRead the Press Release
ST. LOUIS – Najee Neal, 30, of St. Louis, Missouri, appeared before United States District Court Judge Sarah E. Pitlyk on today’s date for sentencing. Neal previously pleaded guilty in July and was sentenced to 156 months in federal prison for carjacking, brandishing a firearm in furtherance of that crime, and two counts of being a felon in possession of a firearm.
Pursuant to the plea agreement and statements made in court, on February 27, 2020, Neal approached the driver of a car parked in a Kirkwood, Missouri driveway. Neal ordered the driver out of the car at gunpoint, and forcibly took the driver’s wallet and key fob. Neal then ordered the victim to the ground and drove away in the victim’s car.
Kirkwood Police attempted to pull over the stolen car as Neal drove on Interstate 44. However, Neal began weaving in and out of traffic while reaching speeds in excess of 100 miles per hour, and the Kirkwood Officers were unable to stop the car. Officers from the St. Louis Metropolitan Police Department spotted the victim’s car about 45 minutes later near the intersection of North Grand and Lindbergh Boulevards. SLMPD officers activated their lights and sirens and tried to stop the car. Neal, again, fled at a high rate of speed while violating traffic signals and driving onto sidewalks. The car became disabled and Neal got out of the car and ran from SLMPD officers. Officers followed Neal into a gangway and noticed him reaching toward a porch of a home. Fearing Neal was retrieving a weapon, an officer ordered Neal to stop and show his hands. Neal ignored the officer and began to walk away from the porch. Officers arrested Neal a short distance away. Officers found a Glock 19 pistol on the porch of the home. A search of the gangway revealed a magazine loaded with 31 rounds of ammunition fitting the Glock 19 pistol. The victim identified the Glock 19 pistol as the gun Neal pointed at him during the carjacking.
Previously, on September 28, 2019, officers with the St. Louis County Police Department arrested Neal after observing what appeared to be a hand-to-hand drug sale between Neal and another individual on the parking lot of a market in the 12000 block of Bellefontaine Road. Officers recovered a loaded pistol from Neal’s car.
Prior to September 28, 2019, Neal was convicted of at least one felony crime.
Jackson Man Sentenced to Prison for Bank RobberyRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 47 months in federal prison for bank robbery, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation in Mississippi.
According to court records, Richard Dewayne Jiles, 42, robbed the Trustmark Bank on Medgar Evers Boulevard in Jackson on December 3, 2020. Jiles entered the Trustmark Bank and handed the teller a note stating that she would die if she did not give him $5,000. Jiles left the bank with approximately $4,240 in U.S. currency. Law enforcement learned from Crimestoppers’ tips and witness statements that Jiles was the person that robbed the bank. He was arrested in Rankin County after crashing into another vehicle.
Jiles was indicted by a federal grand jury on February 9, 2021 and he pled guilty on June 3, 2021. He was sentenced on October 5, 2021 to 47 months in federal prison and ordered to pay $4,240 in restitution.
The Federal Bureau of Investigation and the Jackson Police Department investigated the case.
Assistant U.S. Attorney Chris Wansley prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Jacksboro Man Sentenced to 25 Years for Child Sexual ExploitationRead the Press Release
A Jacksboro nurse was sentenced yesterday to 25 years in federal prison for sexually exploiting a 13-year-old girl, announced Acting U.S. Attorney for the Northern District of Texas Chad Meacham.
Stephen Russel Adams, 38, pleaded guilty in June to sexual exploitation of a child. He was sentenced Tuesday by Senior U.S. District Judge Terry R. Means.
According to court documents, Mr. Adams surreptitiously recorded nude images of his 13-year-old victim and posted them on social media. In fall 2020, an undercover agent initiated a chat with Mr. Adams, who sent the agent a nude photo of the child standing in a bathroom.
In the chats, which were introduced into evidence at his sentencing hearing, Mr. Adams claimed he had been groping the child while she slept “for almost 2 years.” He discussed drugging the child with “sleeping pills and muscle relaxers” and even asked the undercover agent if he could obtain “roofies.”
The investigation eventually led to the identification of a cloud account the defendant used to store images of his victim.
Mr. Adams, who was employed as a nurse at an adult residential care facility at the time of the crime, admitted he took surreptitious videos of the child and uploaded them to the cloud account.
“Sexual crimes against children are some of the most repulsive acts we investigate. We are determined to prevent this abuse from happening to minors and will not relent in punishing those who prey on their vulnerability,” said Christopher M. Miller, Homeland Security Investigations Deputy Special Agent in Charge of the Dallas Field Office. “It is because of our collaborative law enforcement approach in prosecuting this case that Mr. Adams is facing a lengthy sentence for his crimes of child exploitation. The conclusion of this case removes a dangerous predator off the street, and hopefully provides a measure of closure and comfort to the victim.”
Homeland Security Investigations’ Dallas Field Office conducted the investigation with the assistance of the Wise County District Attorney’s Office, the Jack County Sheriff’s Office, the Jacksboro Police Department, and Homeland Security Investigations’ Detroit Field Office. Assistant U.S. Attorney Aisha Saleem prosecuted the case.
Iowa Marijuana Dealer Who Possessed Guns to Federal PrisonRead the Press Release
A man who conspired to distribute marijuana while possessing firearms in furtherance of the drug conspiracy was sentenced October 5, 2021, to more than 6.5 years in federal prison.
Tvonn Gully, 25, from Fort Dodge, Iowa, received the prison term after an April 21, 2021, guilty plea to conspiracy to distribute marijuana and possession of a firearm during and in furtherance of a drug trafficking crime.
Evidence at Gully’s plea and sentencing hearings showed that between April, 2019 and February, 2020, Gully was a pound-level dealer of marijuana and distributed at least 20 kilograms of marijuana to others during the conspiracy. On April 18, 2019, law enforcement conducted a traffic stop on Gully’s vehicle in Fort Dodge. During a search of Gully’s vehicle, officers located several baggies of marijuana and a loaded 9mm caliber handgun under the driver’s seat of the vehicle. On February 11, 2020, law enforcement executed a search warrant at Gully’s residence. During the search, officers seized 400 Xanax pills, 2,165 grams of marijuana, a stolen .380 caliber Walther PK handgun, two cell phones, two digital scales, and $1,322 cash. Gully had two prior state drug convictions which made him a career offender under federal law.
Gully was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gully was sentenced to 93 months’ imprisonment but received a sentence reduction of 13 months and 19 days for time already served on a related state offense. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Gully is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and Patrick T. Greenwood and investigated by Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Webster County Sheriff’s Office, and Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3036. Follow us on Twitter @USAO_NDIA.
Idaho Prison Inmate Sentenced to 20 Years for Attempted Coercion and Enticement of a ChildRead the Press Release
BOISE – An inmate in the Idaho Department of Correction, serving prison sentences for rape and lewd conduct with a minor under sixteen, was sentenced to 240 months in federal prison for attempted coercion and enticement of a child.
According to court records, Cole Alexander Pipkin, 30, originally of Kellogg, used a prison e-mail account to send messages to an adult woman living in Idaho between February and May 2019. In the messages, Pipkin attempted to persuade, induce, and entice three children, ages 8, 7, and 5, to engage in sexual activity with him upon his release from prison. In the e-mails, Pipkin promised the adult money and other incentives to persuade the adult to permit him to have sexual contact with the children. Pipkin’s e-mails graphically described the sexual acts he wanted to commit with the children, requested that the adult send him sexually explicit images of children, and included messages intended for the children referencing sexual acts.
Pipkin is a repeat sex offender, currently serving state prison terms for a 2009 conviction for rape from Shoshone County, and a 2010 conviction for lewd conduct with a minor under sixteen from Kootenai County. Chief U.S. District Judge David C. Nye ordered Pipkin’s federal sentence to run consecutively to the state sentences. Judge Nye also ordered that Pipkin be placed on lifetime supervised release upon completion of his federal term of imprisonment. Pipkin will be required to register as a sex offender upon release.
Acting U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the investigative efforts of the Federal Bureau of Investigation and the Idaho Department of Correction, which led to charges. “We have aggressively pursued those who thrive on exploiting and victimizing the innocent. Together with our local, state, and federal partners throughout Idaho, we will continue to do everything in our power to protect our nation’s greatest asset - our children!”
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 CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Grand Jury indicts St. Louis woman for conspiracy to commit arson for burning of St. Louis 7-Eleven on June 1, 2020Read the Press Release
ST. LOUIS – Nautica Turner, a 26 year-old female from St. Louis, made her initial appearance before the Honorable Shirley P. Mensah in federal court today in relation to the charge of conspiracy to commit arson.
The indictment charges that on June 1, 2020, Turner conspired with others to maliciously damage and destroy, by means of fire, the 7-Eleven building located at 201 North 17th Street, a building used in interstate commerce. Among other things, the indictment alleges that the conspirators participated in the destruction and looting of the 7-Eleven building. The indictment further alleges that Turner poured an ignitable liquid on the 7-Eleven building, ignited a box and threw the box in the building, and that Turner committed other acts. This offense is punishable by up to five years in prison and or a fine of $250,000.
The charge set forth in the indictment is merely an accusation and does not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the Federal Bureau of Investigation with assistance from the St. Louis County Police Department Bomb and Arson Unit and Bureau of Alcohol, Tobacco, Firearm and Explosives.
Giovanni Joseph Indicted for Bank Fraud Scheme Using Stolen MailRead the Press Release
The Acting United States Attorney for the District of Vermont announced that Giovanni Joseph, 34, formerly of Dix Hills, New York, pleaded not guilty today to bank fraud and mail theft charges. U.S. Magistrate Judge Kevin J. Doyle ordered Joseph detained pending further proceedings.
On February 25, 2021, a federal grand jury in Burlington returned a 10-count indictment alleging that Joseph stole checks from the mail, which Joseph allegedly cashed or attempted to cash at various banks around Vermont. The indictment’s forfeiture notice further alleges that Joseph obtained at least $2,590 in cash through this bank fraud scheme.
Joseph faces a maximum sentence of 30 years in prison and a $1,000,000 fine if convicted of bank fraud in violation of 18 U.S.C. § 1344, and a maximum sentence of five years if convicted of possessing stolen mail matter in violation of 18 U.S.C. § 1708. His actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the investigatory efforts of the United States Postal Inspection Service.
Joseph is represented by Assistant Federal Public Defenders David L. McColgin and Sara M. Puls. The prosecutor is Assistant U.S. Attorney Spencer Willig.
Gang Member Sentenced to Federal Prison for Illegally Possessing a Short Barreled ShotgunRead the Press Release
Lorenzo A. Pacheco, 31 of Mt. Morris and a Spanish Cobras gang member, was sentenced on October 6, 2021 to 63 months in federal prison following his conviction for being a felon in possession of a firearm, Acting U.S. Attorney Saima S. Mohsin announced today.
Mohsin was joined in the announcement by Acting Special Agent in Charge Keith Krolczyk of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Detroit Field Division.
U.S. District Court Judge Matthew F. Leitman imposed sentence on Pacheco, a convicted felon who was on federal supervised release for a similar offense at the time he committed the instant offense. Leitman also sentenced Pacheco to 3 years of federal supervised release following his term of incarceration.
According to court documents, on September 13, 2020, a Genesee County Sheriff’s Deputy observed Pacheco driving a vehicle in Flint without any headlights. As the deputy caught up with Pacheco, he saw Pacheco cut off another car while weaving in and out of traffic. The deputy initiated a traffic stop on Pacheco who pulled into the parking lot of a local restaurant. As Pacheco pulled into the parking lot, he tossed a short-barreled shotgun out of the driver’s side window. Pacheco then continued to drive through the parking lot and onto another street despite the deputy’s continuous activated siren. Pacheco eventually came to a stop at which time he jumped out of the vehicle and fled on foot. The deputy chased Pacheco as he ran into the backyard of a local residence, between the garage and the house. The deputy issued loud commands to stop but Pacheco continued to flee. He ran behind the garage and jumped over a small fence where he fell. Pacheco got up and continued to run. The deputy deployed a taser hitting Pacheco in the back. The deputy placed Pacheco in handcuffs and took him into custody. Trooper with the Michigan State Police recovered the shotgun, which had one shell in the chamber and one in the magazine tube. The shotgun’s serial number was not discernible.
“This case is representative of ATF’s commitment to working hand-in-hand with the U.S. Attorney’s office and our State and local partners to stop dangerous felons from illegally possessing firearms and keeping violent criminals out of our communities,” stated Special Agent in Charge Krolczyk.
“Guns in the hands of violent convicted felons is a recipe for disaster. Our office will continue to work with our federal, state, and local law enforcement partners to target violent criminals, especially gang members, who illegally possess dangerous weapons,” said Mohsin.
This investigation was conducted by the ATF’s Flint Field Office, the Genesee County Sheriff’s Department, and the Michigan State Police. The case was prosecuted by the United States Attorney’s Office for the Eastern District of Michigan – Flint Branch Office.
Former Treasurer of Volunteer Fire Department Charged with Bank FraudRead the Press Release
A Kaufman County man who allegedly took out fraudulent loans in the name of his volunteer fire department has been charged with making a false statement to a bank, announced Acting U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Denny C. Mackey, the 68-year-old former treasurer of the Crandall Volunteer Fire Department, was arrested at his residence in Richardson on Monday. He made his initial appearance in federal court this morning.
According to the indictment, between May 2011 and September 2013, Mr. Mackey allegedly obtained tens of thousands of dollars from financial institutions by applying for unauthorized loans purportedly to be used for fire department purposes, unbeknownst to the fire department's leadership.
For example, as alleged in the indictment, Mr. Mackey fraudulently applied for a $75,000 loan purportedly for fire department expenses in August 2013. He falsely represented to the bank that the money would be used to fund the salary of a full-time fire department employee – knowing full well that the volunteer force didn’t employ any full-time staff.
Shortly after the bank issued the loan, which he concealed from the fire department, Mr. Mackey allegedly withdrew more than $50,000 – some out in cash and the rest by writing fire department checks to a company he controlled.
The following year, as reported by local media, the fire chief appeared before the Crandall City Council to report that the fire department had been forced to sell some of its trucks and equipment in order to pay off the fraudulent loan.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Mackey is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 30 years in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorneys Marcus Busch and Fabio Leonardi are prosecuting the case.
Former SCANA CEO to Be Sentenced Tomorrow to Conspiracy to Commit Mail and Wire FraudRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that Kevin B. Marsh, former SCANA Corporation (SCANA) Chief Executive Officer and former Chairman of its Board of Directors, is scheduled to be sentenced tomorrow – Thursday, October 7 – in federal court to conspiracy to commit mail and wire fraud. The hearing is scheduled for 10:00 a.m. at the Matthew J. Perry Federal Courthouse, 901 Richland Street, Columbia, before the Honorable Mary G. Lewis.
Acting U.S. Attorney DeHart will be available for media questions after the hearing.
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Former Rogers Company Executive Pleads Guilty to Role in Workers’ Comp Billing Fraud/Kickback ConspiracyRead the Press Release
FAYETTEVILLE, Ark.—A former executive with a Rogers medical supply and billing company pleaded guilty today to one count of conspiracy to commit mail fraud, wire fraud, health care fraud, fraud to obtain federal employees’ compensation, and illegal remunerations (paying kickbacks), in connection with a scheme to defraud the U.S. government and private insurance companies by over-billing for unnecessary medications provided to workers’ compensation patients.
U.S. District Judge Timothy L. Brooks presided over the plea hearing, in which Amanda Dawn Rains, 39, waived indictment by a grand jury and pleaded guilty to a criminal information charging her with conspiracy to violate five different federal statutes. According to court documents, Rains, who in 2013 was hired as the Billing Director of an unidentified Rogers corporation, joined in a fraud scheme that ran from 2011 until 2017 and defrauded both federal and private workers’ compensation insurers.
Court documents allege that the basic premise of the scheme was that individuals associated with the Rogers corporation recruited physicians to dispense pain creams and patches to their workers’ compensation patients by offering them a split of the profits collected from successfully billing insurers, typically 50 percent. One such physician was Robert Dale Bernauer, Sr., who ran a clinic in Lake Charles, La. Bernauer pleaded guilty to his role in the same conspiracy on July 30, 2021.
After signing contracts with physicians, the company supplied them with pain creams and patches, and acted as the billing agent for the physicians, handling all of the paperwork and submitting the allegedly fraudulent claims to both the U.S. Department of Labor, Office of Workers’ Compensation Programs, which covers all federal employees, and to private insurers as well. The company billed insurers at markups of anywhere from 15 to 20 times what the medications actually cost, and then paid the physicians kickbacks on amounts collected.
According to court documents, Rains’ role in the conspiracy included: managing the billing system for the Rogers corporation and electronically submitting allegedly fraudulent claims to the Department of Labor and private insurers; maintaining a “do not dispense” list of insurers that refused to pay the company’s claims; advising doctors and clinics how to respond to insurance companies that questioned the charges; shipping the company’s medications to doctors and clinics; preparing presentations used by the company’s sales representatives to recruit doctors that falsely stated the business arrangement did not violate anti-kickback laws; and continuing to ship medications to Bernauer and bill insurers for his prescriptions despite knowing he did not have the required Louisiana license to dispense medications.
In her plea agreement, Rains promises to pay restitution to the Department of Labor and to other insurers victimized by the conspiracy, in amounts to be determined. The charging document for her case alleges that the total losses include more than $3.9 million paid by the Department of Labor, and amounts paid by private insurers that are still to be calculated but include almost $2 million in payments related to medication dispensed by Bernauer alone. According to court documents in the related case, Bernauer has already paid $664,176.30 in restitution to the Department of Labor, and $361,096.70 to the court clerk’s office, to go to other victims of the fraud, for a total of $1,025,273 restitution paid to date.
As a result of her guilty plea to the single conspiracy count, Rains may be sentenced to a maximum of five years in prison. The court will determine her sentence at a later date, after reviewing a pre-sentence investigation report prepared by the U.S. Probation Office and considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The case was investigated by the Department of Defense, Defense Criminal Investigative Service, the Department of Labor Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the U.S. Postal Service Office of Inspector General, with the assistance of the Internal Revenue Service-Criminal Investigation, the Louisiana Department of Justice, the Louisiana State Board of Medical Examiners, and the Louisiana Board of Pharmacy.
Assistant U.S. Attorneys Steven Mohlhenrich and Hunter Bridges prosecuted the case for the United States.
Former Police Department Employee Sentenced in Bribery and Insurance Fraud SchemesRead the Press Release
WASHINGTON – A former employee of the Metropolitan Police Department (MPD) was sentenced today to 78 days in jail, to be spent on weekends, for accepting more than $40,000 in bribes in exchange for providing personal identifying information of traffic crash victims and for carrying out a separate scheme involving insurance fraud.
Kendra Coles, 46, of Beltsville, Md., pleaded guilty in March 2019, in the U.S. District Court for the District of Columbia, to one count each of bribery of a public official and conspiracy to commit insurance fraud. She was sentenced by the Honorable Emmet G. Sullivan. The judge also placed her on three years of probation. She is also required to pay more than $6,000 in restitution to an insurance carrier as well as a $40,0001 forfeiture money judgment.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department.
According to the government’s evidence, Coles began work for the Metropolitan Police Department in 2006 as a customer service representative. In late 2012, she became a staff assistant and was assigned to the Patrol Services and School Safety Bureau. Coles was in that position when, in approximately 2015, she conspired with two individuals who were “runners.” These “runners” were in the business of connecting lawyers and accident victims.
These “runners” were able to identify potential clients by obtaining police reports of recent traffic accidents, referred to as Traffic Crash Reports. Before 2015, these reports were publicly available and could be obtained from a clerical office at MPD. In January 2015, however, MPD issued a general order restricting the distribution of Traffic Crash Reports to persons involved in a crash and certain family members and representatives. The order aimed to protect crash victim confidentiality and limit solicitations by “runners.”
To circumvent the general order, the “runners” began paying Coles cash in exchange for her providing Traffic Crash Reports, to which she had access by virtue of her employment at MPD. Specifically, one “runner” paid Coles approximately $400 to $500 per week and another “runner” paid her approximately $350 per week. Over the two years she engaged in the scheme, Coles received more than $40,000 from at least two “runners.”
In exchange, Coles accessed the reports and created handwritten ledgers. These ledgers contained the reports’ essential information, including crash victims’ identity and contact information. Coles would also provide information regarding the nature of the crash, including whether it included an injury, property damage, or was a hit and run. Coles would then take a picture of the ledger and send them to “runners” via email or text.
An audit conducted by MPD revealed that between June 1, 2017 and October 6, 2017, alone, Coles had accessed Traffic Crash Reports 3,367 times.
The investigation is continuing. One of the "runners," Marvin Parker, 62, of Silver Spring, Md., pleaded guilty to a bribery charge and was sentenced in January 2020 to 18 months in prison.
In a separate scheme, Coles committed insurance fraud. In late June 2017, her car required between $1,000 and $2,400 for parts and an additional $700 for labor. In addition, Coles owed $1,505 to the D.C. Department of Motor Vehicles for unpaid parking tickets and fees. Rather than incur these costs, Coles conspired with a family friend to have the car “disappear” so she could file an insurance claim. In furtherance of her scheme, on July 31, 2017, Coles abandoned her car and her co-conspirator set it on fire. After filing a false theft report, Coles collected more than $1,000 from her insurance carrier.
In announcing the sentence, Acting U.S. Attorney Phillips, Special Agent in Charge Jacobs, and Chief Contee commended the work of those who assisted the case from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. They also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialist Angeline Thekkumthala, and Assistant U.S. Attorneys Joshua Rothstein, Katherine Rakoczy, and Veronica Sanchez, who investigated and prosecuted this matter.
Foreign National Sentenced for Money Laundering Funds to Promote Turtle TraffickingRead the Press Release
A Chinese citizen was sentenced today to 38 months in prison and one year of supervised release on a federal money laundering conviction.
Kang Juntao, 25, of Hangzhou City, China, had previously pleaded guilty in U.S. District Court in Camden, New Jersey, to financing a nationwide ring of individuals who smuggled at least 1,500 protected turtles, valued at more than $2,250,000, from the United States to Hong Kong. The court also ordered Kang to pay a $10,000 fine, equaling the total assets he held in the United States.
From at least June 12, 2017, to Dec. 3, 2018, Kang recruited a network of poachers, shippers and middlemen to illegally obtain and export turtles. He sent money through U.S. banks, including one in New Jersey, to pay for the turtles and their shipments. He arranged for the turtles to be sold illegally in the Chinese pet market for thousands of dollars each.
Kang had never entered the United States, but the U.S. money laundering statute provides jurisdiction when someone outside of the country passes more than $10,000 through the U.S. financial system to promote specified unlawful activities, such as smuggling wildlife.
In furtherance of the United States’ request for provisional arrest with a view to extradition, the Royal Malaysia Police arrested Kang when he traveled to Kuala Lumpur on Jan. 23, 2019. Kang was extradited to the United States to stand trial in the District of New Jersey in December 2020 pursuant to the extradition treaty between the United States and Malaysian governments.
“The Department of Justice will vigorously prosecute those who finance and profit from illegal wildlife trafficking, even if they do so from abroad,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“The extradition of a foreign national who had never set foot on American soil for financing a turtle-trafficking ring in the U.S. sends an important message: those who exploit imperiled wildlife for profit will be brought to justice,” said Assistant Director Edward Grace for the U.S. Fish and Wildlife Service Office of Law Enforcement. “This investigation illustrates the global reach of the Service’s Office of Law Enforcement made possible by close coordination with partners, including the government of Malaysia, and our resolve to stop international wildlife trafficking from source to consumer.”
The United States, Malaysia, China and approximately 181 other countries are signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is an international treaty that restricts trade in species that may be threatened with extinction.
Kang trafficked in five turtle species protected by the treaty. The eastern box turtle (Terrapene carolina carolina), the Florida box turtle (Terrapene carolina bauri) and the Gulf Coast box turtle (Terrapene carolina major) are subspecies of the common box turtle (Terrapene carolina) and have been listed in CITES since 1995. The spotted turtle (Clemmys guttata) is a semi-aquatic turtle listed in CITES as of 2013. The wood turtle (Glyptemys insculpta) has been protected under CITES since 1992. The turtles are worth on average between $650 to $2,500 each in the Asian market. Female turtles with rare markings have been sold for as much as $20,000.
Kang sent money via PayPal, credit cards or bank transfers to the United States to purchase turtles from sellers advertising on social media or reptile trade websites. These suppliers then shipped the turtles to middlemen across five different states. The middlemen were typically Chinese citizens who entered the country on student visas. Kang paid and instructed these intermediaries to repackage the turtles in boxes with false labels for clandestine shipment to Hong Kong. The turtles were inhumanely bound with duct tape and placed in socks so as not to alert customs authorities. Neither Kang nor his associates declared the turtles to U.S. or Chinese customs or obtained the required CITES permits.
Assistant Attorney General Todd Kim made the announcement.
The government is represented by Trial Attorneys Ryan Connors and Lauren Steele of the Environmental Crimes Section. The USFWS conducted the investigation.
The Justice Department’s Office of International Affairs, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Malaysia Attaché, the U.S. Department of State’s Diplomatic Security Service, the U.S. Embassy in Malaysia, the Attorney General’s Chambers of Malaysia and the Royal Malaysia Police provided invaluable assistance in supporting the extradition and coordinating the return of Kang to the United States.
Ford County Man Convicted of Enticement of a MinorRead the Press Release
PEORIA, Ill. – A federal jury deliberated for just over 90 minutes before returning a guilty verdict this afternoon against Robert Shawn Anderson, 52, of the 300 block of Spruce Street in Paxton, Ill., for one count of enticement of a minor.
Over two days of testimony this week, the government presented evidence to establish that Anderson arranged to meet an individual he believed to be a 15-year-old minor for sexual activity on the dating application MeetMe.
Sentencing for Anderson has been scheduled for January 10, 2022, before U.S. District Judge Michael Mihm at the federal courthouse in Peoria, Ill. Anderson faces statutory penalties of 10 years to life imprisonment. He remains in the custody of the U.S. Marshals.
“This guilty verdict shows both the ongoing threat to our children and that law enforcement and prosecutors are working together to combat the threat,” said Acting U.S. Attorney Doug Quivey. “We will all collectively continue to work together to protect our children.”
“I appreciate Acting U.S. Attorney Doug Quivey’s partnership with my office, which is critical to holding accountable individuals who prey on minors,” Illinois Attorney General Kwame Raoul said. “This verdict underscores the importance of collaboration between state and federal law enforcement, and I look forward to our continued work to protect Illinois’ children.”
“Children can be easily lured into the clutches of those who wish to betray and exploit them online, said David Nanz, Special Agent in Charge of the Federal Bureau of Investigation, Springfield Division. “The FBI is committed to flushing out sexual predators with a sense of urgency to ensure the safety and well-being of our children. If you suspect someone is having inappropriate contact with a minor, report it to law enforcement immediately.”
Anderson was arrested over Valentine’s Day weekend 2020 as part of a Federal Bureau of Investigation, Springfield Division, operation conducted in Kankakee County, Ill. The operation was conducted with the assistance of the Bradley Police Department, the Illinois Attorney General’s Office Internet Crimes Against Children Task Force, the Kankakee County Sheriff’s Office, and the Kankakee Area Metropolitan Enforcement Group. Special Assistant U.S. Attorney Shannon O’Brien – also Deputy Bureau Chief for the Illinois Attorney General’s Office – and Assistant U.S. Attorney Elly Peirson represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. 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.
Florida Woman Pleads Guilty to Stealing Her Deceased Grandmother’s Social Security BenefitsRead the Press Release
PITTSBURGH - A resident of Hudson, Florida, pleaded guilty in federal court to a charge of theft of government property, Acting United States Attorney Stephen R. Kaufman announced today.
Lori Shaffer, age 53, of Hudson, Florida, pleaded guilty to one count before Chief United States District Judge Mark R. Hornak.
In connection with the guilty plea, the court was advised that from July 2013 through October 2017, Shaffer stole approximately $43,672 in Survivor’s Insurance Benefits from the United States Social Security Administration, which were paid to her deceased grandmother and to which she knew she was not entitled.
Judge Hornak scheduled sentencing for February 8, 2022 at 9:30AM. The law provides for a total sentence of not more than 10 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Carolyn J. Bloch is prosecuting this case on behalf of the government.
The Social Security Administration (SSA), Office of Inspector General, conducted the investigation that led to the prosecution of Shaffer.
Felon Pleads Guilty for Violating Federal Firearm Law, Second PSN ConvictionRead the Press Release
Felon Pleads Guilty for Violating Federal Firearm Law, Second PSN Conviction
COLUMBUS, Ga. – A convicted felon with a lengthy criminal history has pleaded guilty to illegal possession of a firearm for the second time.
Jovan Floyd, 39, of Columbus, pleaded guilty to possession of a firearm by a convicted felon before U.S. District Judge Clay Land on Tuesday, Oct. 5. Floyd faces a maximum ten years in prison to be followed by three years of supervised release and a maximum $250,000 fine. Sentencing has been scheduled for Feb. 8, 2022. There is no parole in the federal system.
“It is illegal for a convicted felon to possess a gun, let alone after previously being convicted of the same crime, like Jovan Floyd,” said Acting U.S. Attorney Peter D. Leary. “Repeat and violent offenders will be held accountable for their crimes.”
“Denying criminals access to firearms is one of ATF’s top priorities” said ATF Special Agent in Charge Benjamin P. Gibbons. “This investigation and conviction is the result of our partnership with the Columbus Police Department and should serve as a warning that the criminal possession and use of firearms will not be tolerated.”
According to court documents, a Columbus Police Department (CPD) officer responded to a report on March 13, 2021, alleging assault at an apartment located on Martin Luther King Jr. Boulevard. The victim told officers she and Floyd had been fighting all day. The victim and Floyd both stated they did not want to press charges and both signed waivers of prosecution. Officers left the scene but were called back one hour later in reference to a man with a weapon. Officers found Floyd sitting inside a vehicle and in plain view on the front passenger seat was a 12-gauge shotgun. At the time of his arrest, Floyd was serving federal supervised release for a prior conviction for illegally possessing a firearm in the Middle District of Georgia. Floyd has numerous prior convictions.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Columbus Police Department. Assistant U.S. Attorney Crawford Seals prosecuted the case for the Government.
Federal Jury Convicts San Jose Woman in Sex Trafficking ConspiracyRead the Press Release
SAN JOSE – A federal jury convicted Araceli Mendoza today of conspiracy and sex trafficking of children, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. The conviction follows a two-week trial before the Honorable Beth Labson Freeman, U.S. District Judge.
At trial, the government proved that Mendoza, 29, of San Jose, conspired with three co-defendants to operate an unlawful prostitution venture in cities throughout the South Bay, including San Jose and Santa Clara. Between September 2014 and January 2016, these four individuals collaborated to sell the sexual services of adult women and minor girls. The government demonstrated that, Ariel Guizar-Cuellar, 41, of San Jose, was the leader, primary facilitator, and main financial beneficiary of the unlawful commercial sex venture. He used social media networks to identify victims, took pictures of women and girls, and then posted the pictures online on “backpage.com” to advertise sexual services. Mendoza worked with Guizar-Cuellar; Jocelyn Contreras, 26, of Redwood City; and Alyssa Anthony, 27, of Gilroy, to recruit women and girls to work as prostitutes and exotic dancers, transport them to and from prostitution dates, book hotel rooms for the prostitution dates, collect money after the dates, and create and post prostitution advertisements on the internet. The jury found that Mendoza both conspired with her codefendants to facilitate the sex trafficking venture and specifically sex trafficked one minor girl by recruiting, enticing, harboring, providing, and transporting her for the purpose of commercial sex or by benefitting financially from the girl’s exploitation.
On April 7, 2016, a federal grand jury indicted all four coconspirators charging them with one count of conspiracy to commit sex trafficking of children, in violation of 18 U.S.C. § 371, and three counts of sex trafficking of children, in violation of 18 U.S.C. § 1591 as to each minor victim. Guizar-Cuellar also was charged with one count of sexual exploitation of children, in violation of 18 U.S.C. § 2251(a) and (e). Guizar-Cuellar, Contreras, and Anthony all previously pleaded guilty and await sentencing.
At trial, Mendoza asserted a duress defense. Nevertheless, today the jury convicted Mendoza of conspiracy and substantive sex trafficking as to one of the minor victims. The jury acquitted Mendoza of sex trafficking for a second minor victim and failed to reach a verdict as to the sex trafficking of the third minor victim.
Judge Freeman scheduled a sentencing status hearing for all four defendant on October 19, 2021. The 18 U.S.C. § 1591 charge carries a mandatory minimum sentence of 10 years. The statutory maximum sentence for the charge is life in prison. The maximum statutory penalty for the conspiracy charge is five years in prison. In addition, restitution is mandatory to all victims of sex trafficking. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorneys Marissa Harris, Annie Hsieh, and Sarah Griswold are prosecuting the case with the assistance of Nina Burney, Sahib Kaur, and Elise Etter. The prosecution is the result of an investigation by the FBI, the San Jose Police Department, and the Santa Clara County District Attorney’s Office Bureau of Investigation, with assistance from the Santa Clara County Human Trafficking Task Force.
Elkridge Felon Facing Federal Indictment for Federal Drug Distribution and Firearms Charges Allegedly Committed While on Federal Supervised ReleaseRead the Press Release
Baltimore, Maryland – A federal grand jury today returned an indictment charging Delmarcus Branford, a/k/a “Baydo,” age 31, of Elkridge, Maryland, for the federal charges of possession with intent to distribute controlled substances—specifically, fentanyl, cocaine, and marijuana; possession of a firearm in furtherance of a drug trafficking crime; and for being a felon in possession of a firearm. According to court documents, Branford allegedly committed these crimes while on federal supervised release.
The indictment was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; Chief Amal E. Awad of the Anne Arundel County Police Department; Chief Edward Jackson of the Annapolis Police Department; Commissioner Michael Harrison of the Baltimore Police Department; and State’s Attorney for Baltimore City Marilyn Mosby.
The three-count indictment and other court documents allege that during 2020 Branford conducted drug transactions, including selling crack cocaine to undercover law enforcement officers on several occasions. Branford was subsequently indicted under seal in Baltimore City Circuit Court and a federal arrest warrant was issued base on a notice of violation of supervised release. Court documents further allege that Branford continued selling drugs, posting several photos of himself with large amounts of cash, luxury vehicles and high-end clothing and other items on social media, as a symbol of his success in his illicit business.
As detailed in court documents, Branford was arrested on August 19, 2021 on the federal warrant for violation of his supervised release. Simultaneously, law enforcement executed a search warrant at Branford’s residence, seizing approximately $38,854 in cash, cell phones, and other electronic devices. A search warrant was also obtained for the Maserati that law enforcement had observed Branford driving, after a trained controlled substance-detecting K-9 positively alerted to the presence of drugs. Court documents alleges that during the search of the Maserati, law enforcement recovered a semi-automatic firearm; a black trash bag and a gray bag both containing controlled substances; and a digital scale with drug residue. From the vehicle, law enforcement allegedly recovered a total of approximately 499.46 grams of cocaine; 25.66 grams of fentanyl; and a large quantity of marijuana.
Search warrants were subsequently obtained for cell phones used by Branford that were seized during the August 19, 2021 search. The phones allegedly contain evidence of drug trafficking, including videos and photos of drugs, and shrink-wrapped bundles of cash.
If convicted, Branford faces a maximum sentence of 20 years in federal prison for possession with intent to distribute controlled substances; a mandatory minimum sentence of five years and up to life in federal prison for possession of a firearm in furtherance of a drug trafficking crime; and a maximum of 10 years in federal prison for being a felon in possession of a firearm. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. Branford is expected to have an initial appearance in U.S. District Court in Greenbelt, at a later date. Branford has been detained since his arrest on the federal warrant for violating his supervised release and a federal criminal complaint filed on September 28, 2021.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Acting United States Attorney Jonathan F. Lenzner commended the FBI, the DEA, the Anne Arundel County, Annapolis, and Baltimore Police Departments, and the Office of the State’s Attorney for Baltimore City for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Thomas P. Windom and LaRai Everett, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and programs to combat gun crime, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile.
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Ecuadorian Man Sentenced to Prison for Transportation of a Minor to Engage in Sexual ActivityRead the Press Release
DAVENPORT, Iowa– Luis Moreira Bravo, of Ecuador, but resided in Edina, Minnesota, was sentenced on Monday, October 4, 2021, by United States District Court Judge Stephanie M. Rose to 120 months in prison for Transportation of a Minor. Moreira Bravo was ordered to serve five years of supervised release to follow his prison term and pay $100 to Crime Victims’ Fund.
According to court documents, Luis Moreira Bravo, age 27, left his Minnesota residence on May 5, 2020, and traveled to Iowa to meet with a fourteen-year-old minor. Moreira Bravo met the victim on social media where the two discussed engaging in sexual activity when they met in person. Moreira Bravo arrived at the victim’s residence and he thereafter drove her to a nearby location where the two engaged in sexual intercourse multiple times. After sleeping overnight in the vehicle, Moreira Bravo drove the victim to Minnesota the next day with the intent to further engage in illegal sexual conduct. Once in Minnesota, the minor victim and Moreira Bravo again engaged in sexual intercourse.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Federal Bureau of Investigation, Muscatine Police Department, St. Paul Police Department, and Minneapolis Police Department collaborated on this investigation to locate the victim.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children. Any persons having knowledge of a child being sexually abused are encouraged to call the Iowa Sexual Abuse Hotline at 1-800-284-7821.
Drug trafficker sentenced for meth and cocaine conspiracyRead the Press Release
LAREDO, Texas – A 45-year-old Laredo resident has been ordered to federal prison for his role as a leader-organizer in a meth distribution conspiracy, announced Acting U.S. Attorney Jennifer B. Lowery.
Federico Castanon pleaded guilty June 21.
Today, U.S. District Judge Marina Garcia Marmolejo to 144 months in prison. At the hearing, the court heard evidence Castanon was a leader/organizer of a drug trafficking organization. He continued to attempt to coordinate criminal activity by speaking to associates in coded language on recorded jail calls while in custody. In imposing the sentence, Judge Marmolejo noted that if he was continuing in his attempts to still coordinate drug trafficking while in custody, he clearly had no remorse for his actions.
Authorities had conducted an undercover operation which resulted in the Aug. 3, 2015, seizure of approximately three kilograms of meth and one kilogram of cocaine. The investigation identified Castanon as a leader/organizer of the smuggling event after he had met with law enforcement and discussed the seizure.
Castanon has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration conducted the investigation with assistance from Border Patrol. Assistant U.S. Attorneys Francisco J. Rodriguez and Ursula Smith prosecuted the case.
Dominican Republic Man Living on St. Thomas Pleads Guilty to Illegally Reentering the United StatesRead the Press Release
ST. THOMAS – U.S. Attorney Gretchen C.F. Shappert announced today that Timoteo Upia-Frias, 74, a native of the Dominican Republic, appeared before U.S. Magistrate Judge Ruth Miller and pleaded guilty to one count charging him with illegally reentering the United States, in violation of Title 8, United States Code, Section 1326(a).
According to court documents, Timoteo Upia-Frias was discovered by U.S. Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HSI) agents living in a neighborhood on St. Thomas while conducting an operation investigating undocumented immigrants in the United States Virgin Islands.
Criminal and immigration records confirmed that on September 6, 2016, Timoteo Upia-Frias was removed from the United States by ICE agents and returned to his native country, the Dominican Republic, following his felony conviction in the District Court of the United States in 2008 for possessing with intent to distribute heroin.
Upia-Frias pleaded guilty to illegal reentry pursuant to 8 U.S.C § 1326. He faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors at a sentencing hearing to be scheduled later.
The case is being prosecuted by the U.S. Attorney’s Office, District of the Virgin Islands and investigated by HSI and ICE.
Deputy Attorney General Lisa O. Monaco Announces New Civil Cyber-Fraud InitiativeRead the Press Release
Deputy Attorney General Lisa O. Monaco announced today the launch of the department’s Civil Cyber-Fraud Initiative, which will combine the department’s expertise in civil fraud enforcement, government procurement and cybersecurity to combat new and emerging cyber threats to the security of sensitive information and critical systems.
“For too long, companies have chosen silence under the mistaken belief that it is less risky to hide a breach than to bring it forward and to report it,” said Deputy Attorney General Monaco. “Well that changes today. We are announcing today that we will use our civil enforcement tools to pursue companies, those who are government contractors who receive federal funds, when they fail to follow required cybersecurity standards — because we know that puts all of us at risk. This is a tool that we have to ensure that taxpayer dollars are used appropriately and guard the public fisc and public trust.”
The creation of the Initiative, which will be led by the Civil Division’s Commercial Litigation Branch, Fraud Section, is a direct result of the department’s ongoing comprehensive cyber review, ordered by Deputy Attorney General Monaco this past May. The review is aimed at developing actionable recommendations to enhance and expand the Justice Department’s efforts against cyber threats.
Civil Cyber-Fraud Initiative Details
The Civil Cyber-Fraud Initiative will utilize the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients. The False Claims Act is the government’s primary civil tool to redress false claims for federal funds and property involving government programs and operations. The act includes a unique whistleblower provision, which allows private parties to assist the government in identifying and pursing fraudulent conduct and to share in any recovery and protects whistleblowers who bring these violations and failures from retaliation.
The initiative will hold accountable entities or individuals that put U.S. information or systems at risk by knowingly providing deficient cybersecurity products or services, knowingly misrepresenting their cybersecurity practices or protocols, or knowingly violating obligations to monitor and report cybersecurity incidents and breaches. The benefits of the initiative will include:
- Building broad resiliency against cybersecurity intrusions across the government, the public sector and key industry partners.
- Holding contractors and grantees to their commitments to protect government information and infrastructure.
- Supporting government experts’ efforts to timely identify, create and publicize patches for vulnerabilities in commonly-used information technology products and services.
- Ensuring that companies that follow the rules and invest in meeting cybersecurity requirements are not at a competitive disadvantage.
- Reimbursing the government and the taxpayers for the losses incurred when companies fail to satisfy their cybersecurity obligations.
- Improving overall cybersecurity practices that will benefit the government, private users and the American public.
The department will work closely on the Initiative with other federal agencies, subject matter experts and its law enforcement partners throughout the government.
Report Cyber-Fraud
Tips and complaints from all sources about potential cyber-related fraud, waste, abuse and mismanagement can be reported by accessing the webpage of the Civil Division’s Fraud Section, which can be found here.
Deputy Attorney General Lisa O. Monaco Announces National Cryptocurrency Enforcement TeamRead the Press Release
Deputy Attorney General Lisa O. Monaco announced today the creation of a National Cryptocurrency Enforcement Team (NCET), to tackle complex investigations and prosecutions of criminal misuses of cryptocurrency, particularly crimes committed by virtual currency exchanges, mixing and tumbling services, and money laundering infrastructure actors. Under the supervision of Assistant Attorney General Kenneth A. Polite Jr., the NCET will combine s the expertise of the Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section (MLARS), Computer Crime and Intellectual Property Section (CCIPS) and other sections in the division, with experts detailed from U.S. Attorneys’ Offices. The team will also assist in tracing and recovery of assets lost to fraud and extortion, including cryptocurrency payments to ransomware groups.
“Today we are launching the National Cryptocurrency Enforcement Team to draw on the Department’s cyber and money laundering expertise to strengthen our capacity to dismantle the financial entities that enable criminal actors to flourish — and quite frankly to profit — from abusing cryptocurrency platforms” said Deputy Attorney General Monaco. “As the technology advances, so too must the Department evolve with it so that we’re poised to root out abuse on these platforms and ensure user confidence in these systems.”
“The Criminal Division is already an established leader in investigating and prosecuting the criminal misuse of cryptocurrency,” said Assistant Attorney General Polite. “The creation of this team will build on this leadership by combining and coordinating expertise across the Division in this continuously evolving field to investigate and prosecute the fraudulent misuse, illegal laundering, and other criminal activities involving cryptocurrencies.”
The head of the NCET will report to the Assistant Attorney General in the Criminal Division and will be selected after an application process seeking an individual with experience with complex criminal investigations and prosecutions, as well as the technology underpinning cryptocurrencies and the blockchain. Once selected, the Team Leader will lead the team of attorneys from MLARS, CCIPS, and Assistant U.S. Attorneys (AUSAs) detailed from U.S. Attorneys’ Offices across the country to identify, investigate, support, and pursue cases against cryptocurrency exchanges, infrastructure providers, and other entities that are enabling the misuse of cryptocurrency and related products to commit or facilitate criminal activity.
Importantly, the NCET will draw and build upon the established expertise across the Criminal Division to deter, disrupt, investigate, and prosecute criminal misuse of cryptocurrency, as well as to recover the illicit proceeds of those crimes whenever possible. Because cryptocurrency is used in a wide variety of criminal activity, from being the primary demand mechanism for ransomware payments, to money laundering and the operation of illegal or unregistered money services businesses, to being the preferred means of exchange of value on “dark markets” for illegal drugs, weapons, malware and other hacking tools, the NCET will foster the development of expertise in cryptocurrency and blockchain technologies across all aspects of the Department’s work. The NCET will also play a critical support role for international, federal, state, local, tribal, and territorial law enforcement authorities grappling with these new technologies and new forms of criminal tradecraft.
National Cryptocurrency Enforcement Team Details
The NCET builds upon MLARS’s Digital Currency Initiative and will be informed by the Department’s Cryptocurrency Enforcement Framework, released in October 2020. Because crimes involving cryptocurrency can take many forms, the NCET will not only pursue its own cases, but also support existing and future cases brought across the Criminal Division and in the U.S. Attorneys’ Offices across the country.
NCET team members will be drawn from three initial sources: MLARS, CCIPS, and detailees to the Criminal Division from U.S. Attorneys’ Offices across the country. Team members will draw upon the expertise of their home offices while working collaboratively under the Team Leader to combine their expertise in financial systems, blockchain technology, tracing transactions, and applicable criminal statutes to address illegal activity involving cryptocurrency in a structured way. The NCET will:
- Investigate and prosecute cryptocurrency cases, comprising a central part of a nationwide enforcement effort to combat the use of cryptocurrency as an illicit tool.
- Develop strategic priorities for investigations and prosecutions involving cryptocurrency, in consultation with the USAOs, Department components, and investigative agencies involved in cryptocurrency investigations.
- Identify areas for increased investigative and prosecutorial focus, including professional money launderers, ransomware schemes, human traffickers, narcotics traffickers, and financial institutions working with cryptocurrency.
- Build and enhance relationships with cryptocurrency focused AUSAs and prosecutors with other Department litigating components and offices to pursue cryptocurrency investigations and prosecutions.
- Develop and maintain relationships with federal, state, local, and international law enforcement agencies that investigate and prosecute cryptocurrency cases.
- Train and advise federal prosecutors and law enforcement agencies in developing investigative and prosecutorial strategies. Such training and advice will include providing guidance concerning search and seizure warrants, restraining orders, criminal and civil forfeiture allegations, indictments, and other pleadings.
- Support the coordination and sharing of information and evidence among law enforcement offices to maximize the effectiveness of the Department’s investigations, prosecutions, and forfeitures involving cryptocurrency.
- Collaborate and build relationships with private sector actors with expertise in cryptocurrency matters to further the criminal enforcement mission.
The NCET will work closely with other federal agencies, subject matter experts, and its law enforcement partners throughout the government.
Denver Man Sentenced to Prison for Threatening to Harm Government EmployeesRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Harold Ortiz, age 56, of Denver, was sentenced to 14 months in federal prison for threatening to assault or murder a Social Security Administration employee.
According to the plea agreement, on February 26, 2021, the defendant called the Social Security Administration in regards to social security benefits. He demanded to speak with a manager, and then yelled insults. He then said, “I’m going to stand outside your building and blow all of your [expletive] heads off! You’re dealing with a crazy person.” After this call was disconnected, the defendant placed another call to the Social Security Administration. The district manager told the defendant that threats would not be tolerated, and the defendant responded, “Denver PD will not come to my house because they know I will kill them! They know I am crazy!” As a result of the defendant’s threat, the Social Security Administration office in downtown Denver was closed for two days on March 1 and March 2, 2021.
“Freedom of speech does not protect threatening to assault or murder a United States official,” said Acting United States Attorney Matt Kirsch. “Threatening to harm federal officials is a crime, and we will prosecute it.”
“Mr. Ortiz threatened the lives of Social Security Administration officials for carrying out their official duties. This deplorable behavior not only caused fear in the lives of SSA personnel and their families, but resulted in the closure of that field office and the cancellation of dire need appointments for the public. This behavior will not be tolerated by my office and today’s sentence should stand as a warning to anyone who threatens an SSA official who is simply carrying out his or her duties,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I thank the U.S. Attorney’s Office and Special Assistant U.S. Attorney Sonia Dave for prosecuting this case.”
United States District Court Judge Daniel D. Domenico sentenced Harold Ortiz on October 6, 2021.
The Federal Protective Service and the Social Security Administration, Office of the Inspector General conducted the investigation. Special Assistant United States Attorney Sonia J. Dave handled the prosecution of the case.
Case Number: 21-cr-00085-DDD-1
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Cumberland County Man Admits Role in Conspiracy to Distribute Five Kilograms of FentanylRead the Press Release
NEWARK, N.J. – A Cumberland County, New Jersey, man today admitted conspiring to distribute and possessing with intent to distribute 400 grams or more of fentanyl, Acting U.S. Attorney Rachael A. Honig announced.
Emanuel Figueroa-Martinez, 36, of Millville, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an information charging him with conspiracy to distribute 400 grams or more of fentanyl and possession with intent to distribute 400 grams or more of fentanyl.
According to documents filed in this case and statements made in court:
In April 2020, Figueroa-Martinez conspired to distribute five kilograms of fentanyl. On April 24, 2020, Figueroa-Martinez transported the fentanyl to a location in Monmouth County, New Jersey. Upon arrival, he was arrested, and the fentanyl was recovered from his car.
The offenses to which Figueroa-Martinez pleaded guilty each carry a mandatory minimum term of 10 years in prison, a maximum penalty of life in prison, and a fine of $10 million. Sentencing is scheduled for Feb. 8, 2022.
Acting U.S. Attorney Honig credited special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, the Asbury Park Police Department, under the direction of Chief David Kelso, and the Neptune Township Police Department, under the direction of Chief James Hunt, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Francesca Liquori of the Organized Crime and Gangs Unit.
Crane company agrees to pay more than $4.5M to resolve lawsuit for non-compliance with Military SpecificationsRead the Press Release
HOUSTON – Crane Company has agreed to pay to the United States to resolve allegations it violated the False Claims Act (FCA) by failing to comply with Military Specification (Mil Spec) Mil-V 24624 for certain high performance butterfly valves and requirements for inclusion on the Qualified Products List (QPL) where the valves appeared. The valves were supplied for use in U.S. Navy ships.
“We are committed to ensuring that the military gets what it pays for,” said Acting U.S. Attorney Jennifer B. Lowery for the Southern District of Texas “We will vigorously enforce the rules and regulations governing military purchasing contracts.”
“Requirements like the Mil Spec and QPL play an important role in protecting the quality of the equipment received by the government, as well as the safety of military personnel,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “Companies that knowingly fail to comply with these requirements will be held accountable.”
“This settlement highlights the commitment of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our law enforcement partners to protect the integrity of the DoD acquisition process,” said Special Agent in Charge Michael Mentavlos of the DCIS Southwest Field Office. “DCIS will continue to thoroughly investigate allegations of fraud and product non-conformance and pursue all available remedies.”
The settlement announced today resolves allegations that from May 2011 through September 2017, Crane supplied high performance butterfly valves to military ship builders that included Reinforced Teflon (RTFE) seats. From May 2011 to September 2015, Crane also supplied high performance butterfly valves that contained Monel bolting. The government contended that Crane sold the military Mil Spec valves with RFTE seats and Monel bolting that had not been approved for use by the Navy and failed to disclose these modifications to the valves in violation of the QPL Program, which governs the approval of products such as valves for use in military contracts.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the FCA by Corla Jacobson, a former Crane employee. The FCA permits private parties to sue for false claims on behalf of the United States and to share in any recovery. Jacobson will receive $855,728 of the FCA settlement.
The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Southern District of Texas with investigative support from DCIS and U.S. Navy Criminal Investigation Division.
Senior Trial Counsel Alicia J. Bentley of the Civil Division and Assistant U.S. Attorney Andrew Bobb of the Southern District of Texas handle the matter.
Related court documents and information from the civil lawsuit can be accessed on PACER.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Crane Company Agrees to Pay More Than $4.5 Million to Resolve False Claims Act Lawsuit for Non-Compliance with Military SpecificationsRead the Press Release
Crane Company (Crane) has agreed to pay to the United States over $4.5 million to resolve allegations that it violated the False Claims Act by failing to comply with Military Specification (Mil Spec) Mil-V 24624 for certain high performance butterfly valves and requirements for inclusion on the Qualified Products List (QPL) where the valves appeared. The valves were supplied for use in U.S. Navy ships.
“Requirements like the Mil Spec and QPL play an important role in protecting the quality of the equipment received by the government, as well as the safety of military personnel,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “Companies that knowingly fail to comply with these requirements will be held accountable.”
“We are committed to ensuring that the military gets what it pays for,” said Acting U.S. Attorney Jennifer B. Lowery for the Southern District of Texas. “We will vigorously enforce the rules and regulations governing military purchasing contracts.”
“This settlement highlights the commitment of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our law enforcement partners to protect the integrity of the DoD acquisition process,” said Special Agent in Charge Michael Mentavlos of the DCIS Southwest Field Office. “DCIS will continue to thoroughly investigate allegations of fraud and product non-conformance and pursue all available remedies.”
The settlement announced today resolves allegations that from May 2011 through September 2017, Crane supplied high performance butterfly valves to military ship builders that included Reinforced Teflon (RTFE) seats. From May 2011 to September 2015, Crane also supplied high performance butterfly valves that contained Monel bolting. The government contended that Crane sold the military Mil Spec valves with RFTE seats and Monel bolting that had not been approved for use by the Navy and failed to disclose these modifications to the valves in violation of the QPL Program, which governs the approval of products such as valves for use in military contracts.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Corla Jacobson, a former Crane employee. The False Claims Act permits private parties to sue for false claims on behalf of the United States and to share in any recovery. The qui tam case is captioned United States ex rel. Jacobson v. Crane Co., No. 4:17-CV-01431 (S.D. Tex.). Ms. Jacobson will receive $855,728 of the False Claims Act settlement.
The settlement was the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch (Fraud Section) and the U.S. Attorney’s Office for the Southern District of Texas with investigative support from the DCIS and the U.S. Navy Criminal Investigation Division.
Senior Trial Counsel Alicia J. Bentley of the Civil Division and Assistant U.S. Attorney Andrew Bobb of the Southern District of Texas handled the matter.
Related court documents and information from the civil lawsuit can be accessed on PACER.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Coralville Man Sentenced to Federal Prison for Firearm ChargeRead the Press Release
DAVENPORT, Iowa – A Coralville man, Dylan Darelle Scott, was sentenced on Tuesday, October 5, 2021, by United States District Court Judge Stephanie M. Rose to 64 months in prison for Felon in Possession of a Firearm. Scott was ordered to serve three years of supervised release to follow his prison terms and pay $100 to the Crime Victims’ Fund.
Law enforcement arrested Scott, age 32, who had an active warrant for his arrest. At the time of his arrest, Scott was smoking a marijuana blunt and was in possession of a loaded, .25 caliber Phoenix Arms Model HP25A pistol and one ounce of marijuana. Scott pleaded guilty to the offense on May 17, 2021.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Iowa City Police Department investigated the case.
Clinton County Man Pleads Guilty in Meth Distribution ConspiracyRead the Press Release
JOHNSTOWN, Pa. – A former resident of Clinton County, PA pleaded guilty in federal court to a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
Jared Nyman, 24, of Lock Haven, PA, pleaded guilty to Count Two of the Superseding Indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from July 2019 to June 2020, Nyman conspired to distribute 500 grams of more of a mixture and substance containing a detectable amount of methamphetamine.
Judge Gibson scheduled sentencing for Feb. 9, 2022. The law provides for a minimum sentence of 10 years in prison to a maximum of life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Clifford D. Johnson Is Sworn in as U.S. Attorney for the Northern District of IndianaRead the Press Release
HAMMOND- Clifford D. Johnson is officially the U.S. Attorney for the Northern District of Indiana. He was sworn in by Chief U.S. District Judge Jon E. DeGuilio this morning at the federal courthouse in Hammond.
Clifford D. Johnson was nominated by President Joseph R. Biden, Jr. on July 26, 2021 and unanimously confirmed by the Senate on September 30, 2021 for the Northern District of Indiana United States Attorney position. President Biden signed Mr. Johnson’s commission on October 5, 2021.
Mr. Johnson previously was an Assistant United States Attorney in the Northern District of Indiana from 1986 to August 2020. During his tenure with the U.S. Attorney’s Office in the Northern District of Indiana, Mr. Johnson held numerous supervisory/management positions, including Chief of the Civil Division from 1997 to 2010 and twice serving as the First Assistant U.S. Attorney from (June 2010 to March 2017 and October 2017 to August 2020). Mr. Johnson, pursuant to the Vacancy Reform Act, served as the District’s Acting U.S. Attorney from March 2017 to October 2017. Before joining the United States Attorney’s Office in January 1986, Mr. Johnson was a Trial Attorney in the Employment Litigation Section of the Department of Justice’s Civil Rights Division in Washington, D.C. from August 1980 to December 1985.
Mr. Johnson, a Gary, Indiana native, received his J.D. from Valparaiso University Law School in 1980 and his B.A. from Valparaiso University in 1976.
“I am looking forward to working hard on furthering the Office’s stated mission which is: To justly and with the highest degree of excellence represent the interests of the United States of America in execution of federal laws, to advance public interest, and to ensure the fair and impartial administration of justice for all persons,” said United States Attorney Clifford D. Johnson.
Clearfield County Man Admits Participation in Drug ConspiracyRead the Press Release
JOHNSTOWN, Pa. – A former resident of Hyde, PA pleaded guilty in federal court to a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
John McKinney, 53, pleaded guilty to Count Two of the Superseding Indictment before United States District Judge Kim R. Gibson.
In connection with the guilty plea, from July 2019 to June 2020, McKinney conspired to distribute a quantity of a mixture and substance containing a detectable amount of methamphetamine.
Judge Gibson scheduled sentencing for Feb. 9, 2022. The law provides for a maximum sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Maureen Sheehan-Balchon is prosecuting this case on behalf of the government.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.