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15 November 2021
Middle District of Georgia Public Service Campaign Earns International Recognition for Social ImpactRead the Press Release
MACON, Ga. – Local honorees of an international media award—including a U.S. District Judge, an Assistant U.S. Attorney and the Executive Director of the Public Defender’s Office serving the Middle District of Georgia—were given the statuettes at a gathering held on Oct. 26 at the U.S. Courthouse in Macon.
“Armed with Knowledge” (AWK), a locally-produced video project aimed at educating young people on the consequences of illegally possessing a gun, was the recipient of two 2021 Telly Awards. Presented by the Peyton Anderson Foundation in partnership with the U.S. Attorney’s Office for the Middle District of Georgia and the Federal Defenders for the Middle District of Georgia, Inc., AWK earned a Silver for Social Impact and a Bronze for Social Issues. The Telly Awards is a prestigious video and film industry event that recognizes excellence in video and television storytelling. This year, the organization received over 12,000 entries from 50 states and five countries. To learn more about the Telly Awards, please visit tellyawards.com.
“More than 4,800 middle school-aged children in Macon have experienced ‘Armed with Knowledge’ and our hope is that this powerful video and complementary facilitator’s guide will be presented to kids across the Middle District of Georgia and beyond,” said Acting U.S. Attorney Peter D. Leary. “Reducing violent crime cannot be achieved by prosecution alone. As a community, we must help young people learn about the real consequences of choosing to pick up a gun so that we can stop violence from happening before it occurs. We are grateful for the support this public service project has received from the Bibb County School System and other youth-based organizations and churches. We are hopeful that more people will come to the table and take advantage of this free program for youth.”
“Armed with Knowledge’s message is not only impacting our local youth audience but is now recognized nationally for its powerful and purposeful message,” said Karen Lambert, president of the Peyton Anderson Foundation. “The Foundation is proud to partner with the U.S. Attorney’s Office for the Middle District of Georgia, the Federal Defenders for the Middle District of Georgia, Inc., the Bibb County Public Schools and the Macon-Bibb Sheriff’s Office on this imperative social awareness and impact campaign.”
Researched, written and produced locally, AWK addresses the consequences of criminal activity. The video depicts the story of Noah, a preteen youth facing life-altering decisions that lead to illegal possession of a firearm, a federal crime that carries a maximum prison sentence of ten years. Throughout the video, Noah learns hard truths and irreversible consequences through personal points of view from the perpetrator, the victim’s family and the federal court system.
“Representing the indigent accused for more than three decades has given me a front row seat to the devastating consequences young people—especially young men of color—endure when they make what might seem like a small mistake at the time,” said Federal Defender Tina Hunt, Executive Director of Federal Defenders of the Middle District of Georgia, Inc. “My hope is that young people who view ‘Armed with Knowledge’ will make the same courageous choices Noah makes, and that we can even reach young people who have already made bad choices before they make more and suffer the life-long consequences.”
Since the video's debut in 2020, it has been shown to thousands of Georgia youth, including 4,886 middle school students in Bibb County Public Schools. The U.S. Attorney’s Office for the Middle District of Georgia implemented AWK as part of its own Successful Tips for Youth on Law Enforcement Encounters (S.T.Y.L.E.) youth outreach program and the Bibb County Sheriff’s Office has committed to utilize the program in its own youth outreach efforts.
The educational video and accompanying facilitator guide—created by the U.S. Attorney’s Office with the assistance of Georgia teachers and counselors—is suitable for middle school-aged viewers and older, although educators can choose to present the video to older elementary school-aged children, as deemed appropriate.
The video is the brainchild of Peyton Anderson Foundation Trustee Marc Treadwell. Judge Treadwell is a U.S. District Judge, serving in the United States District Court for the Middle District of Georgia since 2010. Filmed entirely in Central Georgia by Big Hair Productions, the video features local actors, as well as Judge Treadwell, Middle District of Georgia Assistant U.S. Attorney Sonja Profit and Christina “Tina” Hunt, Executive Director of the Middle District of Georgia Federal Defenders, Inc. It also features a powerful scene with Tonora Jones, the mother of Ta’Shuntis “Tootie” Roberts, who was lost to gun violence in Macon in 2015.
“Credit for these awards belongs to Ms. Jones’ and Tabitha Walker and her production team at Big Hair Productions. It is because of them that young people find Noah’s journey so compelling,” said U.S. District Judge Marc Treadwell.
To watch the video, access the printable facilitator’s guide and learn more about the program, please visit ArmedWithKnowledge.org
AWK is the product 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.
Mexican Native Sentenced to over 2 Years in Prison for Harmful Marijuana Grow in the Sierra National Forest in Madera CountyRead the Press Release
FRESNO, Calif. — Lester Eduardo Cardenas-Flores, 25, a native and citizen of Mexico, was sentenced today to two years and five months in prison for conspiring to manufacture, distribute, and possess with intent to distribute marijuana, Acting U.S. Attorney Phillip A. Talbert announced.
Cardenas was also ordered to pay $48,000 in restitution to the U.S. Forest Service for the extreme damage that the cultivation operation had on public land. Cardenas pleaded guilty on Aug. 24, 2021.
According to court documents, the cultivation operation consisted of 2,307 marijuana plants in the Sierra National Forest in Madera County. Cardenas was found carrying fertilizer into the grow site and later apprehended there. The cultivation operation caused significant damage to the area, which serves as habitat for the Sierra Nevada yellow-legged frog, an endangered species and the California spotted owl, which is currently being considered for listing under the Endangered Species Act. Agents found deadly, banned pesticides sprayed directly on the plants.
The cultivation site was located in the Chiquito Creek watershed, which drains into the Fresno River before flowing into the San Joaquin River. Approximately 8.55 million gallons of water had been diverted from a nearby natural stream to irrigate the marijuana plants.
This case was the product of an investigation by the U.S. Forest Service, the California Department of Fish and Wildlife, the Campaign Against Marijuana Planting (CAMP) of the California Department of Justice, and the Madera County Sheriff’s Office. The environmental damage to the forest was analyzed and documented by Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems. Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Cardenas’s co-defendant, Luis Madrigal-Reyes, 37, also a native and citizen of Mexico, was sentenced on Oct. 18, 2021, to two years and five months in prison.
Mexican National Sentenced to 30 Months in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
NEWARK, N.J. – A Mexican National was sentenced today to 30 months in prison for possessing with intent to distribute methamphetamine, Acting U.S. Attorney Rachael A. Honig announced.
Mayolo Castro Santamaria, 39, previously pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of possessing with intent to distribute 50 grams or more of methamphetamine. Judge Arleo imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On June 26, 2020, Santamaria possessed 64.76 grams of methamphetamine in his vehicle.
In addition to the prison term, Judge Arleo sentenced Santamaria to three years of supervised release.
Acting U.S. Attorney Honig credited special agents of the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson, and the Cedar Grove Police Department with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Alexandra Tsakopoulos and Edeli Rivera of the OCDETF/Narcotics Unit in Newark.
Defense counsel: Bishoui A. Beshai Esq., Rutherford, New Jersey
Members and Associates of MS-13 in San Francisco Charged with Participation in Gang-Related Murders in Furtherance of Racketeering ConspiracyRead the Press Release
SAN FRANCISCO- A federal grand jury returned a second superseding indictment charging 13 current and former Bay Area residents for a broad range of racketeering crimes, including allegations that many defendants participated in gang-related murders and attempted murders as part of a racketeering conspiracy, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King. The second superseding indictment handed down on November 4, 2021, and is now unsealed includes new allegations against defendants previously indicted on February 18, 2020, and adds charges against three new defendants.
“We will never stop seeking justice for murder,” said Acting U.S. Attorney Hinds. “The new indictment reflects our commitment to a partnership of federal, state, and local law enforcement to protect our community against violence, especially from criminal street gangs such as MS-13.”
“Public safety is paramount for the HSI San Francisco investigative team,” wrote HSI Special Agent in Charge Tatum King. “Our agents and analysts are focused on apprehending the most dangerous criminals. This new indictment contains allegations that should concern everyone and is the result of effective collaboration with the San Francisco Police Department, the U.S. Attorney’s Office, and local law enforcement agencies, all of whom are committed to holding criminals accountable for their actions.”
According to the second superseding indictment, the defendants were members of the transnational criminal organization MS-13. MS-13 operates in El Salvador, Honduras, Guatemala, Mexico, and at least 20 states in the United States. The MS-13 clique in San Francisco is the 20th Street clique. The second superseding indictment describes how the 20th Street clique relies on crime to operate, including to avoid detection by law enforcement, to initiate new recruits, to enhance the reputation of the gang and individual gang members, to maintain control of drug distribution channels, and to intimidate people who might testify against or otherwise defy the gang.
The second superseding indictment builds on the February 18, 2020 indictment by describing additional violent crimes the defendants have allegedly committed, including three murders. It alleges that, on or about March 17, 2017, Elmer Rodriguez, a/k/a “Gordo,” ordered another gang member to kill a victim perceived to be a gang rival outside the Beauty Bar in the Mission District of San Francisco. It further alleges that on May 25, 2017, Edwin Alvarado Amaya, a/k/a “Muerte,” murdered a fellow member of the 20th Street clique with a bladed weapon in Bernal Heights under the direction of Rodriguez because they believed the victim had violated gang rules. Finally, it alleges that on February 13, 2018, Abner Marroquin Alegria, a/k/a “Coche” or “Chapin,” Jose Maria Tercero Perez, a/k/a “Delito,” Kevin Reyes Melendez, a/k/a “Neutron,” Kevin Guatemala Zepeda, a/k/a “Mision,” and Fernando Romero Bonilla, a/k/a “Black,” all played a culpable role in the murder, or its aftermath, of a suspected gang rival in the parking lot of the Gray Whale Cove trail in Pacifica. According to the indictment, Tercero Perez, Reyes Melendez, Guatemala Zepeda, and Romero Bonilla encountered the victim at the Mission Playground, which is at the heart of the gang’s territory. Marroquin then drove Tercero Perez, Reyes Melendez, and the victim to the Gray Whale Cove parking lot, where Reyes Melendez and Tercero Perez attacked and murdered the victim with a bladed weapon and a 9mm firearm. Guatemala Zepeda and Romero Bonilla later arrived on scene to remove potentially incriminating evidence.
The second superseding indictment also alleges that on April 20, 2018, Tercero Perez, Reyes Melendez, and Brigido Josue Gonzales Sales, a/k/a “Inocente” or “Kiko” attempted to murder a suspected gang rival near South Van Ness Avenue and Adair Street in the Mission District of San Francisco.
In all, the second superseding indictment alleges 15 overt acts of violence – including murders, attempted murders, and assaults with a dangerous weapon – allegedly perpetrated by the defendants in furtherance of the racketeering conspiracy. The charges pending against each defendant are as follows:
Defendant
Age
Charges
Maximum Statutory Penalty
ROGELIO BELLOSO ALEMAN
a/k/a “Smiley”
28
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
EDWIN ALVARADO AMAYA
a/k/a “Muerte”
24
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
FERNANDO ROMERO BONILLA
a/k/a “Black”
24
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
KENNETH CAMPOS,
a/k/a “Nesio”
32
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
EVERT
GALDAMEZ
CISNEROS
a/k/a “Talentoso”
23
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
LUIS VELIS DIAZ
a/k/a “Popa”
23
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
BRIGIDO JOSUE GONZALES SALES a/k/a “Inocente” or “Kiko”
21
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. § 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
ABNER MARROQUIN ALEGRIA
a/k/a “Coche” or “Chapin”
41
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
KEVIN REYES MELENDEZ
a/k/a “Neutron”
28
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering (two counts)
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Discharge of a Firearm During and in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)
Life in prison
(Mandatory minimum of 5 years (7 years if brandished, 10 years if discharged))
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
ELMER RODRIGUEZ
a/k/a “Gordo”
32
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
Discharge of a Firearm During and in Furtherance of a Crime of Violence
18 U.S.C. § 924(c)
Life in prison
(Mandatory minimum of 5 years (7 years if brandished, 10 years if discharged)
Fine of $250,000
KEVIN RAMIREZ VALENCIA
a/k/a “Delincuente”
24
Racketeering Conspiracy
18 U.S.C. § 1962(d)
20 years in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
JOSE MARIA TERCERO PEREZ a/k/a “Delito”
28
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Attempted Murder in Aid of Racketeering
18 U.S.C. §§ 1959(a)(5) and 2
10 years in prison
Fine of $250,000
KEVIN GUATEMALA ZEPEDA
a/k/a “Mision”
25
Racketeering Conspiracy
18 U.S.C. § 1962(d)
Life in prison
Fine of $250,000
Assault with a Dangerous Weapon in Aid of Racketeering
18 U.S.C. §§ 1959(a)(3) and 2
20 years in prison
Fine of $250,000
The court also may order additional terms of supervised release, fines, and restitution. Nevertheless, any sentence following conviction would 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.
An indictment merely alleges that crimes have been committed, and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
This case is being prosecuted by the Organized Crime Strike Force of the Office of the United States Attorney. The prosecution is the result of an investigations by HSI, the San Francisco Police Department Homicide unit and Community Violence Reduction Team, San Mateo County Sheriff’s Office Gang Intelligence Unit and Investigations Bureau, Daly City Police Department, Pinole Police Department, Redwood City Police Department Street Crimes Reduction Team, and San Pablo Police Department.
Member of Gregory Butler Drug Trafficking Organization Sentenced to 15 Years in Federal Prison for His Role in the Drug Distribution ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge Paul W. Grimm sentenced Tirrel Saunders, a/k/a “Pretty”, age 35, of Baltimore, Maryland to 15 years in federal prison, followed by five years of supervised release, for conspiracy to distribute controlled substances. Saunders was a member of the Gregory Butler Drug Trafficking Organization (“Butler DTO”) which distributed heroin, fentanyl, cocaine, and crack cocaine in Maryland, Virginia, West Virginia, and Pennsylvania.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; 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 Marcus Jones of the Montgomery County Police Department; and Commissioner Michael Harrison of the Baltimore Police Department.
According to his guilty plea, from October 2018 to April 2019, FBI investigators intercepted phone communications of the Butler DTO that operated in and around the Baltimore area, arranging heroin, crack cocaine, and fentanyl sales to drug users and redistributors from Maryland, Virginia, West Virginia, and Pennsylvania. The Butler DTO sold thousands of dollars in narcotics daily and frequently sold over 100 grams of heroin mixed with fentanyl on a daily basis. Customers of the Butler DTO believed they were purchasing heroin; however, the Butler DTO adulterated all heroin it sold with fentanyl.
As stated in his plea agreement, Saunders was identified as a Butler DTO supervisor, which involved managing the daily supplies of narcotics and the collection of drug proceeds from distributors. FBI investigators intercepted communications of Saunders regularly arranging the resupply of heroin and crack cocaine to co-conspirators who would then sell those narcotics to customers. Saunders also communicated with Butler DTO leadership and acted as a liaison between Butler DTO leadership and street-level distributors.
Saunders agreed that over the course of the conspiracy, he distributed over one kilogram of heroin to street-level distributors.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the FBI, DEA, Montgomery County Police Department, and the Baltimore Police Department for their work in the investigation. United States Attorney Barron also recognized the U.S. Postal Inspection Service; the City of Rockville Police Department; the Baltimore County, Howard County, and Montgomery County Police Departments; the Frederick County Sheriff’s Office; the Maryland State Police; the West Virginia State Police; the Virginia State Police; the Warren County (VA) Sheriff’s Department; the Winchester (VA) and Front Royal (VA) Police Departments; and the Frederick County and Howard County State’s Attorney’s Offices for their assistance. United States Attorney Barron thanked Assistant U.S. Attorneys Matthew DellaBetta and Peter J. Martinez, who prosecuted the case.
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Massachusetts Man Sentenced to 45 Months for Fentanyl Trafficking ConspiracyRead the Press Release
CONCORD - Miguel Skrl Guillermo-Graseki, 23, of Lawrence, Massachusetts was sentenced to 45 months in federal prison for conspiracy to distribute fentanyl, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, between June and September of 2020, Guillermo-Graseki conspired with a Lawrence-based fentanyl distributor (MA Source) to distribute fentanyl in New Hampshire and Massachusetts to a confidential source (CS) and undercover Drug Enforcement Administration Task Force Officer (DEA TFO). Guillermo-Graseki was used as a “go-between” for the MA Source to negotiate prices and quantities of drugs and arrange meeting spots in Massachusetts and New Hampshire. During this time frame, the CS and DEA TFO made purchases totaling over 98 grams of fentanyl powder and 8,844 fentanyl pills.
“Fentanyl trafficking continues to present a significant threat to communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “By trafficking in pills that contained fentanyl, this defendant put customers’ lives at risk because even one fentanyl pill can kill. To protect the residents of the Granite State, we will continue to work with the DEA to identify and prosecute those who distribute fentanyl and other deadly drugs.”
This matter was investigated by the Drug Enforcement Administration, Federal Bureau of Investigation Safe Streets Task Force and the New Hampshire State Police. The case was prosecuted by Assistant U.S. Attorney Jennifer Cole Davis.
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Marion Man Sentenced to Federal Prison for Making over $250,000 in Phony PostageRead the Press Release
A Corridor e-Bayer, who forged and counterfeited over $250,000 in postage and made false statements on international customs forms, was sentenced on November 12, 2021, to three years in federal prison.
Bradley Jon Matheny, age 43, from Marion, Iowa, received the prison term after a March 2, 2021 verdict finding him guilty of seven counts of postage meter stamp forgery and counterfeiting and three counts of export violations. The verdict and sentencing followed a day-long trial that was held in February.
The evidence at the trial and the sentencing hearing showed that Matheny operated an eBay business known as “Mathenys” from his residence in Marion. Through “Mathenys,” Matheny sold retail goods to individuals all over the United States and around the world. Matheny used the United States Postal Service (USPS) to ship these goods to his customers. In 2015, for example, Matheny shipped over 28,000 packages with the USPS. Postage posed a significant financial cost to Matheny’s business. To reduce his costs, and increase his profit, Matheny possessed and used forged and counterfeited postage meter stamps on many of the packages he sent to his customers between 2013 and 2017.
In 2015, USPS personnel at the Cedar Rapids Main Post Office became suspicious of Matheny’s mailing practices after he kept dropping off his packages at the post office late in the evening at the dock. USPS eventually alerted federal law enforcement, specifically the United States Postal Inspection Service (USPIS), that Matheny might be falsifying postage in connection with his eBay business. A review of Matheny’s packages in late 2015 revealed that most of Matheny’s packages had either insufficient postage or a forged or counterfeited postage meter stamp. Similar reviews in 2016 and 2017 yielded similar results.
In 2017, law enforcement officers executed a federal search warrant at Matheny’s residence, a single-family house in Marion. During the search, the USPIS seized a large number of unusual paper clippings of partial Priority Mail and First Class postage meter stamps as well as a handwritten list of crossed-out Priority Mail tracking numbers. Law enforcement also imaged Matheny’s electronic devices and, on his computer, found a number of the unaltered electronic versions of the forged postage meter stamps in question. Later, working with representatives of eBay, law enforcement learned that Matheny was taking advantage of vulnerabilities in the USPS’s electronic postage payment systems to receive Priority Mail treatment for his packages even though he had only paid the First Class rate. At Matheny’s sentencing, a USPIS inspector testified that the face value of the counterfeited and forged postage that Matheny manufactured between 2013 and 2017 exceeded $380,000.
Some of Matheny’s customers lived overseas, including in Russia, Israel, New Zealand, and South Africa. The USPS required Matheny to make truthful declarations on these exports to other countries. Specifically, Matheny was required to truthfully declare whether the package contained merchandise or a gift and also the value of the contents of the package. Matheny falsely certified on these forms that his packages each contained a “gift” that was worth a nominal sum such as “$1.90,” when in truth Matheny knew the contents of his packages were not gifts and worth more than what he listed on the forms. This allowed Matheny’s packages to clear foreign customs more rapidly and possibly avoid foreign customs taxes.
Matheny was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Matheny was sentenced to 36 months’ imprisonment and fined $10,000. He was also ordered to make $256,441.78 in restitution to the USPS. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Matheny was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Timothy L. Vavricek and investigated by the United States Postal Inspection Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-50.
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Manhattan Real Estate Fund Manager Charged with Securities Fraud OffensesRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Philip R. Bartlett, the Inspector-in-Charge of the New York Division of the U.S. Postal Inspection Service (“USPIS”), announced today the unsealing of an indictment charging JOSHUA BURRELL with securities fraud, wire fraud, and aggravated identity theft in connection with his operation of a New York-based investment firm, Activated Capital, LLC. Based on fraudulent representations, BURRELL sought to raise up to $75 million for Opportunity Zone Funds, which are vehicles for making real estate investments in economically distressed areas. BURRELL touted Activated Capital’s Opportunity Zone Funds for delivering consistent and stable cash flows to investors through targeted eight percent annual distributions. However, contrary to BURRELL’s claims, Activated Capital’s funds did not generate enough income on their real estate investments to make those payments, and BURRELL used investors’ money to help make up the shortfall. BURRELL was arrested this morning in Richmond Heights, Missouri, and is expected to be presented tomorrow before United States Magistrate Judge John Bodenhausen in St. Louis federal court.
U.S. Attorney Damian Williams said: “As alleged, Joshua Burrell solicited investors through a series of lies. While promising investors transparency, he doctored documents and falsely depicted his firm’s finances. Now, Burrell faces prosecution for his alleged crimes.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “Mr. Burrell’s scheme is unfortunately not an uncommon scam in the investment community. Investors must always check and double check any firm or individual promising guaranteed positive returns to ensure they will not be taken for a ride. It is a good practice for all investors to trust their gut. If it doesn’t seem right, walk away.”
According to the allegations contained in the Indictment,[1] unsealed today in Manhattan federal court:
From in or about 2019 through in or about 2021, BURRELL sought to obtain tens of millions of dollars of investments for the Activated Tax Advantaged Opportunity Fund, LLC, and Activated Capital Opportunity Zone Fund II, LLC (collectively, the “Activated OZ Funds” or the “Funds”) based on fraudulent representations. BURRELL represented, in substance, that the money invested in the Activated OZ Funds would be used to purchase real estate properties in Opportunity Zones and that investors would receive distribution payments out of the Funds’ net real estate investment income. Contrary to those representations, BURRELL caused the Activated OZ Funds to pay putative distributions in amounts greater than the Funds’ net income. From the inception of the Funds in 2019 through approximately February 2021, BURRELL used investor money to help pay distributions totaling approximately $470,000 in a manner akin to a Ponzi scheme. BURRELL also falsely inflated Activate Capital’s assets under management in communications with prospective investors.
To attract additional investment capital for the Activated OZ Funds, BURRELL sought to establish a partnership with an investment bank headquartered in Manhattan (“Company-1”). As part of Company-1’s diligence process, Company-1 asked BURRELL for “[b]acking to show current fund proceeds/acquisitions made.” In response to these requests, BURRELL fabricated documents to make it appear that the Activated OZ Funds were more successful, owned more properties, and were in better financial condition than was actually the case. For example, BURRELL sent Company-1 fake bank statements making it appear that, for the period July 2019 through October 2019, one of the Activated OZ Funds had ending monthly account balances of between approximately $2,094,450 and $2,463,100 when the real account statements for that period showed ending monthly balances of between only $116,369 and $154,399.
BURRELL fabricated additional documents to make it appear to Company-1 that an Activated Capital affiliate had purchased nine properties in Detroit, Michigan, when none of the transactions had taken place. The fabricated documents contained identifying information for two individuals that BURRELL used without lawful authority.
* * *
JOSHUA BURRELL, 38, of New York, New York, faces a maximum sentence of 20 years in prison on each of the securities and wire fraud counts and a mandatory sentence of two years in prison on the aggravated identity theft count, which must run consecutively to any other sentence of imprisonment. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of a defendant would be determined by the judge.
Mr. Williams praised the investigative work of the U.S. Postal Inspection Service. Mr. Williams also thanked the Securities & Exchange Commission, which brought a separate civil action against BURRELL.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Daniel Loss and Alexander Rossmiller are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment constitute only allegations, and every fact described should be treated as an allegation.
Man in U.S. Illegally is Sentenced to Prison for Fraud and Aggravated Identity TheftRead the Press Release
ERIE, Pa. - An individual believed to have entered the United States illegally in March 2018 has been sentenced in federal court to 42 months in jail and ordered to pay $106,341.07 in restitution on his conviction of access device fraud and aggravated identity theft, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Susan Paradise Baxter imposed the sentence on Janos Vaczi, 51.
According to information presented to the court, from March 2018 to June 22, 2019, Vaczi and his co-conspirators installed ATM skimming equipment on numerous ATM machines throughout Northwest Pennsylvania. The skimming equipment unlawfully captured the bank account and personal identity information of numerous individuals. Vaczi and his cohorts then placed the unlawfully captured information on to other cards which they then used at various ATM machines to unlawfully obtain thousands of dollars in victim funds.
During the investigation, the FBI searched a storage locker that Vaczi had rented in the Pittsburgh area. Inside the storage locker the FBI discovered hundreds of cards that contained stolen bank account information which enabled Vaczi and his co-conspirators to use the cards at various ATM machines to steal funds from the victims’ bank accounts. Vaczi’s storage locker also contained $10,000, ATM skimming equipment and numerous fake passports and international driver’s licenses bearing Vaczi’s picture but with different names.
Shortly before the FBI apprehended Vaczi, he attempted to bury hundreds of cards containing stolen identity information near a grocery store in the Pittsburgh area. Agents noticed that the ground had been disturbed in the area where Vaczi had been standing and discovered the cards shortly thereafter.Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Vaczi.
Lolo man sentenced to prison for role in meth trafficking ringRead the Press Release
MISSOULA — A Lolo man who admitted to selling an undercover informant methamphetamine as part of a large trafficking ring was sentenced on Nov. 12 to seven years in prison to be followed by four years of supervised release, Acting U.S. Leif M. Johnson said today.
Jason Dean Hager, 56, pleaded guilty in May to possession with intent to distribute meth.
U.S. District Judge Donald W. Molloy presided.
The government said in court documents that Hager participated with three other co-defendants in trafficking large amounts of meth in the Missoula community from 2018 through 2021. In December 2019, Hager sold meth to an undercover informant three times in monitored transactions. Law enforcement agents further learned that a confidential informant saw Hager with one and one-half pounds of meth and that he helped a co-defendant move numerous pounds of meth and kept some to use as his own supply.
Co-defendants Terry David Starrett was sentenced to 15 years in prison, Laura Jeanne Haacke was sentenced to 54 months in prison and Jennifer Renee Hawkes was sentenced to 63 months in prison for their convictions in the case.
Assistant U.S. Attorney Tara J. Elliott prosecuted the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force, the Missoula Police Department and the Missoula County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Local 98 Leader John Dougherty, Philadelphia City Councilmember Robert Henon Found Guilty of Public CorruptionRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that John Dougherty, Business Manager of Local 98 of the International Brotherhood of Electrical Workers (“Local 98”), 61, of Philadelphia, PA, and Robert Henon, Philadelphia City Councilmember, 52, of Philadelphia, PA, were convicted at trial today of multiple crimes involving public corruption
The jury convicted John Dougherty of the following crimes: one count of conspiracy to commit honest services fraud (Count One), and seven counts of honest services wire fraud (Counts Four, Five, Six, Seven, Eight, Nine, and Ten). The jury convicted Robert Henon of the following crimes: one count of conspiracy to commit honest services fraud (Count One), eight counts of honest services wire fraud (Counts Four, Five, Six, Seven, Eight, Nine, Ten, and Twelve), and one count of bribery (Count Sixteen).
The honest services wire fraud convictions against both defendants were premised on the following schemes proven at trial: L&I/CHOP; Plumbing Code/Building Trades; Towing; Comcast; and Soda Tax #2. The additional honest services wire fraud count against Henon (Count Twelve) was predicated on a $5,000 campaign contribution from CWA to Henon’s campaign bank account. The bribery conviction against Henon (Count Sixteen) was based on the same $5,000 check, written on the account of the CWA.
Dougherty, Henon and others affiliated with Local 98 were charged by Indictment in January 2019. The trials were bifurcated thereafter, leaving Dougherty and the other defendants to stand trial on the embezzlement and tax fraud charges at a later date. The Indictment charged that Dougherty and Henon defrauded the City of Philadelphia and its citizens of the right to Henon’s honest services as a member of City Council. Evidence presented at trial demonstrated that Henon received a salary and other things of value from Dougherty and, in exchange, Henon used his position as a member of City Council to serve Dougherty’s interests.
“Today’s verdict is a strong message to the political power players of this city that the citizens of Philadelphia will not tolerate public corruption as ‘business as usual',” said Acting U.S. Attorney Jennifer Arbittier Williams. “John Dougherty is not above the law. He is not entitled, had no right, to pull the strings of official City business as if he were elected to office. And Bobby Henon was not elected to represent Local 98 or John Dougherty’s interests on City Council, or any union for that matter, but to represent all the people of the City’s 6th Councilmanic District – a fact which he failed to remember in doing the bidding of his political godfather, Dougherty. Philadelphians deserve more than a system that favors the few who have a ‘person they can call’ to get things done. Everyone deserves equal access to the decision-makers in their government.”
“From the start, John Dougherty and Bobby Henon sought to tag this as an anti-union case,” said Jacqueline Maguire, Special Agent in Charge of the FBI's Philadelphia Division. “Let's be clear. The FBI has no problem with labor unions. It's criminals we're after, like a local power broker who gives an elected official a handsome salary and benefits he didn't earn, in exchange for doing that benefactor's business at City Hall. Today, the jury called it what it was, a crooked quid pro quo — one that tilted the playing field in Dougherty's favor, giving him an unfair advantage over every Philadelphian who acts with fairness and integrity. That is corruption, that is wrong, and this city deserves so much better.”
“The consequences to those who betray the public trust by making and receiving bribe payments are evident by today’s convictions,” said Yury Kruty, Acting Special Agent in Charge of IRS-Criminal Investigation. “Cases involving betrayal of the public’s trust are of utmost importance and IRS-CI will continue to be a partner in the efforts to bring criminals like this to justice.”
“One of the functions of the U.S. Department of Labor’s Office of Labor-Management Standards is to see to it that union funds are used for proper purposes. It is never proper – and is indeed criminal – to do what Mr. Dougherty did here: use union funds to bribe a politician. Working with our Federal and state investigative partners, OLMS will hold accountable anyone who misuses their office and their union’s funds in this way,” said OLMS District Director Megan Underwood.
“Union officials must ensure that only those individuals who perform rightful union work be permitted to participate in union employee benefit plans. EBSA will vigorously pursue those who arrogate employee benefits intended exclusively for hard–working union members,” said Michael Schloss, Philadelphia Regional Director of the U.S. Department of Labor’s Employee Benefits Security Administration.
“An important part of the mission of the Office of Inspector General is to investigate allegations relating to labor racketeering. Today’s guilty verdict for John Dougherty, Business Manager of Local 98 of the International Brotherhood of Electrical Workers and City of Philadelphia Councilmember Robert Henon for conspiracy and honest services fraud is an affirmation of our commitment to working with our law enforcement partners and the U.S. Department of Labor’s Office of Labor-Management Standards and Employee Benefits Security Administration to pursue union-affiliated corruption investigations,” said Syreeta Scott, Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General.
The case was investigated by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation, the U.S. Department of Labor Employee Benefits Security Administration, the U.S. Department of Labor Office of Labor Management Standards, the U.S. Department of Labor Office of Inspector General, and the Pennsylvania State Police, with assistance from the Pennsylvania Attorney General’s Office. It is being prosecuted by Assistant United States Attorneys Frank Costello, Bea Witzleben, and Richard Barrett.
Kotzebue Man Sentenced to Seven Years in Prison for Incessant StalkingRead the Press Release
ANCHORAGE – A Kotzebue man was sentenced by U.S. District Judge Sharon L. Gleason to seven years in federal prison followed by three years of supervised release for cyberstalking two individuals who were carrying out their professional responsibilities to protect a child from abuse or neglect.
According to court documents, Louis Holger Eklund, 41, relentlessly stalked and threatened two victims and their family members for nearly three years causing them to fear being attacked in their homes and seriously harmed. The victims are an attorney with the Alaska Attorney General’s office and the then-President of the Native Village of Kotzebue. Following a report from the Alaska Office of Child Services that Eklund had abandoned his infant son, the victims followed their professional responsibilities initiating the Child in Need of Aid (CINA) proceedings. Since the CINA proceeding involved an Alaska Native child, the Native Village of Kotzebue became involved per the Indian Child Welfare Act.
Eklund caused extreme emotional distress to both victims through dozens of phone calls, voicemails and emails in an effort to intimidate their conduct in the proceedings and retaliate against the work they had already done. Even after his indictment and arrest and while trial was pending, Eklund made it clear that he believed his crimes were justified by the victims’ actions and that the laws did not apply to him. Eklund also has a criminal history and a pattern of violence, violating court orders and actively resisting law enforcement.
Eklund is the second person to recently be sentenced for terrorizing people working in child protection. In March, the U.S. District Court sentenced Peter Lee Norris, also known as Bjorn Erik Happaniemi, to nine years in prison for stalking and threatening an Office of Children’s Services case worker, her attorney and an FBI agent who investigated the case.
“The defendant’s incessant harassment and threats to both victims and their family members was terrifying,” said Acting U.S. Attorney Bryan Wilson, District of Alaska. “There is perhaps no higher calling than protecting children who may be in harm’s way. Stalking and threatening these individuals for carrying out their professional responsibilities is detestable and a criminal act for which we will always seek justice.”
“Using online tools to scare and disrupt their daily lives, the defendant tormented and caused substantial distress to both victims, who were merely fulfilling their professional responsibilities,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “In Alaska, no one should feel unsafe in their own home, workplace or community, and the FBI will continue to hold accountable those who engage in such conduct.”
The Federal Bureau of Investigation (FBI) conducted the investigation leading to the successful prosecution of the case.
Assistant U.S. Attorney Jonas Walker prosecuted the case.
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KC Man Pleads Guilty to Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man pleaded guilty in federal court today to illegally possessing three firearms that he sold to an undercover law enforcement officer.
Robert E. Shepherd, 50, pleaded guilty before U.S. Chief District Judge Beth Phillips to one count of being a felon in possession of firearms.
By pleading guilty today, Shepherd admitted that he sold a Glock 9mm pistol to an undercover federal agent for $500 on Aug. 31, 2020. Shepherd also admitted that he sold a Ruger .40-caliber pistol to an undercover federal agent for $700 on Sept. 1, 2020, and a Taurus 9mm pistol to a federal agent for $460 on Sept. 10, 2020. Each of the three transactions occurred at Shepherd’s residence.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearms or ammunition. Shepherd has two prior felony convictions for tampering with a motor vehicle, and prior felony convictions for being a felon in possession of a firearm and statutory sodomy.
Under federal statutes, Shepherd is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Justice Department Settles with Cooler Production Company to Resolve Immigration-Related Discrimination ClaimsRead the Press Release
The Department of Justice announced today that it reached a settlement with Igloo Products Corp., a company that produces coolers, jugs and hydration products, based in Katy, Texas. The settlement resolves the department’s claims that Igloo did not consider workers in the United States (such as U.S. citizens, U.S. nationals, asylees, refugees and recent lawful permanent residents) for certain jobs because the company set aside those positions for workers on temporary work visas.
The department’s investigation concluded that Igloo failed to consider applicants in the United States for seasonal production helper positions because the company assumed that U.S. workers would not be interested in temporary seasonal employment. Instead, Igloo reserved its seasonal production helper positions for workers with H-2B visas based on their immigration status. Under the Immigration and Nationality Act (INA), employers generally cannot discriminate based on citizenship, immigration status or national origin at any stage of the hiring process. In addition, the Department of Labor requires employers seeking permission to hire H-2B workers to first hire all qualified and available U.S. workers who apply by the relevant deadline.
“Employers cannot favor workers on temporary visas and ignore applications from qualified U.S. workers because of assumptions based on citizenship or immigration status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will not tolerate unlawful employment discrimination and is committed to holding violators accountable.”
Under the terms of the settlement agreement, Igloo will pay $21,000 in civil penalties to the United States and will make $40,000 in back pay available to eligible discrimination victims. Igloo will also change its policies and procedures to comply with the INA’s anti-discrimination provision, train its employees on the requirements of the law, undertake additional recruitment efforts before seeking H-2B visas in the future, and be subject to monitoring for a three-year period to ensure the company is complying with the agreement.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Awards Nearly $104 Million to Help Crime Victims in Indian CountryRead the Press Release
The Office for Victims of Crime (OVC), a component of the Department of Justice’s Office of Justice Programs (OJP), has awarded nearly $104 million to serve victims in tribal communities, of which nearly $101 million was awarded through the Crime Victims Fund Tribal Victim Services Set-Aside.
More than 140 awards were made through the Tribal Victim Services Set-Aside formula program to fund culturally-appropriate victim services to meet the needs of Tribal communities.
“American Indian and Alaska Native crime victims deserve the same access to services and the same level of support available to survivors in other communities,” said Associate Attorney General Vanita Gupta. “This administration, and this Department of Justice, are committed to fully discharging our responsibilities to Indian nations, especially to those who have experienced the pain and loss that follow victimization. These funds will help establish, expand and enhance services that are vital to recovery and healing.”
The funds can be used for many victim services purposes, including the development, enhancement and implementation of programs; strategic planning; and needs assessments. Funds may also be used to offer shelter and transitional housing services; crisis abuse intervention; legal services; medical and dental care; mental health care; transportation; and education and employment readiness.
“American Indians and Alaska Natives experience crime and victimization at disproportionate rates, and they are often unable to access the services they need to begin the road to healing,” said Acting Assistant Attorney General Amy L. Solomon of the Justice Department’s Office of Justice Programs. “These awards will support service providers as they undertake the critical work of helping survivors meet basic material and emotional needs and rediscover hope in the wake of tragedy.”
Under the Set-Aside, OVC is:
- Supporting Tribal grantees with capacity building, training and technical assistance ($6.8 million) through the Tribal Set-Aside Training and Technical Assistance Program, the Tribal Financial Management Center and the Human Trafficking Capacity Building Center;
- Updating the Tribal Resource Tool ($199,999) which maps the availability of victim services in Tribal communities;
- Contributing to the Tribal Access Program ($420,000);
- Conducting the next National Indian Nations Conference ($680,796);
- Transferring funding to the Bureau of Indian Affairs to support the Federal Crime Victim Assistance Fund ($30,000) and Victim Specialist positions (more than $1.7 million); and
- Providing funding to the Bureau of Justice Assistance to support Coordinated Tribal Assistance Solicitation Purpose Area 2 ($250,000) and Tribal construction contracts ($251,332).
In addition to funds available to support Tribal communities under the Set-Aside, the remaining $3 million will be awarded under the Children’s Justice Act Partnership to Tribes to respond to cases involving criminal child abuse and neglect.
The Crime Victims Fund was established by the Victims of Crime Act of 1984. It is financed, not by tax dollars, but from criminal fines, forfeited bail bonds, penalty fees and special assessment fees collected by U.S. Attorneys’ Offices, U.S. Courts and the Bureau of Prisons.
Additional information about FY 2021 grant awards from the OJP can be found online at the OJP Award Data Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
Justice Department Announces More Than $73 Million to Help Crime Victims and Improve Public Safety in American Indian and Alaska Native CommunitiesRead the Press Release
The Department of Justice today announced that it will award 137 grants to 85 American Indian and Alaska Native communities, for a total of $73 million, to improve public safety and serve crime victims. The announcement was made during the White House Tribal Nations Summit taking place virtually today and tomorrow.
These funds are designed to help enhance tribal justice systems and strengthen law enforcement, improve the handling of child abuse cases, combat domestic violence and support tribal youth programs.
“The Justice Department is pleased to make the Coordinated Tribal Assistance Solicitation available to federally recognized tribes, providing a transparent and simple process to apply for grants that best align with their community’s needs,” said Associate Attorney General Vanita Gupta. “This one-step application makes it possible for tribes to access critical resources to help them meet the critical public safety needs of their communities.”
More than four in five of American Indian and Alaska Native adults have experienced some form of violence in their lifetime, according to the Bureau of Justice Statistics. This equates to nearly three million people who have experienced stalking, sexual violence, psychological aggression or physical violence by intimate partners.
“Each year, the department invests millions of dollars to help our Tribal partners confront the challenges of violent crime and domestic abuse in their communities and strengthen their public safety infrastructure,” said Acting Assistant Attorney General Amy L. Solomon for the Justice Department’s Office of Justice Programs. “We are pleased to support the critical work that Tribal nations are undertaking in communities across the country.”
More than $73 million will be awarded under CTAS, a streamlined application which helps tribes apply for tribal-specific grant programs that enhance law enforcement and tribal justice practices, expand victim services and sustain crime prevention and intervention efforts. CTAS grants are administered by OJP ($48 million) and the Office of Community Oriented Policing Services (COPS Office) ($25 million).
“These grants provide vital resources to Tribal law enforcement and their communities by offering equipment and training, along with resources to help officers understand and better serve their communities in areas of domestic abuse, stalking and sex trafficking, and alleviate the detrimental effects that substance abuse and crime have on individuals and their families,” said Acting Director Robert Chapman of the COPS Office
The COPS Office also awarded $400,000 to Western Oregon University to create a structured and tribal-centered innovative approach to enhance the operation of the criminal justice system to address the concerns of the American Indian and Alaska Native communities regarding missing and murdered indigenous people, particularly missing and murdered women and girls.
In addition to CTAS funding, OJP has awarded more than $100 million through the Tribal Victim Services Set-Aside to improve services for crime victims in Tribal communities. OJP’s Office for Victims Crime is supporting tribal grantees with capacity building, training and technical assistance (more than $6.8 million) and an update of the Tribal Resource Tool ($199,999), which maps the availability of victim services in tribal communities. An additional $2.9 million will be awarded under the Children’s Justice Act Partnership to tribes to enhance the handling of cases centered around criminal child abuse and neglect.
The department also funded $6.5 million through OJP’s Office of Sex Offender Sentencing, Monitoring, Apprehending Registering and Tracking to help Tribes comply with federal law on sex offender registration and notification.
Information about FY 2021 grant awards from the Office of Justice Programs can be found online on the OJP Grant Awards Page. The page will be updated as awards are made.
Information about FY 2021 grant awards from the COPS Office can be found online at the COPS Grant Page.
The Office of Justice Programs provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, advance racial equity in the administration of justice, assist victims and enhance the rule of law. More information about OJP and its components can be found at www.ojp.gov.
The COPS Office is the component of the U.S. Department of Justice responsible for advancing the practice of community policing by the nation's state, local, territorial and Tribal law enforcement agencies through information and grant resources. More information about the COPS Office can be found at https://cops.usdoj.gov/.
Jury Convicts Naval Flight Officer of Firearms Conspiracy and Lying During Security Clearance Background InvestigationRead the Press Release
Jacksonville, Florida – A federal jury has found Fan Yang (36, Jacksonville) guilty of conspiring with his co-defendants Ge Songtao (51, Nanjing, People’s Republic of China) and Yang Yang (36, Jacksonville) to violate U.S. firearms laws, making false written statements to federally licensed firearms dealers during the purchase of two firearms, and making false written statements as part of a security clearance background investigation. Fan Yang faces a maximum penalty of 30 years in federal prison. His sentencing hearing is scheduled for March 16, 2022.
Yang initially was indicted on October 31, 2019, and then subsequently charged by a superseding indictment on November 19, 2020.
According to evidence presented at trial, Yang is a Lieutenant in the U.S. Navy, trained in anti-submarine warfare. As a Naval Flight Officer, he flew in the back of the Navy’s P-8 Poseidon, a land-based patrol aircraft, and operated sensors and coordinated tactics.
Prior to becoming a commissioned naval officer, Yang formed a relationship online with Ge Songtao, a citizen of the People’s Republic of China. Photographs admitted at trial showed that the two eventually met in person in 2013, while Yang was in Navy flight training in Pensacola. In 2016, while Yang was stationed in Jacksonville, Yang recommended that Ge Songtao hire Yang’s wife, Yang Yang, as an employee of Shanghai Breeze Technology Co. Ltd., Ge Songtao’s company headquartered in Shanghai, China. That company purchased in the U.S. and exported to China maritime equipment designed for law enforcement and military missions.
From the time that she was hired, Yang Yang received more than $300,000 in payments from Shanghai Breeze, its creditors, and Ge Songtao’s executive assistant and co-defendant, Zheng Yan. The money was used to pay Yang Yang’s salary, Shanghai Breeze’s expenses in the U.S., and for goods that Ge Songtao ordered the Yangs to purchase. The funds were frequently routed through the Yangs’ family business, BQ Tree LLC.
In 2017 and again in 2018, acting on Ge Songtao’s instructions, Fan Yang purchased two handguns for him, specifically a Sig Sauer 9mm pistol and a Glock 9mm pistol. Ge Songtao reimbursed the Yangs for both purchases and had the Sig Sauer pistol engraved with his initials – “G.S.T.” – and the phrase “Never Out of the Fight.” Each time he purchased a firearm, Fan Yang completed a Firearms Transactions Record (known as ATF Form-4473) on which he falsely represented that he was purchasing the firearm for himself, rather than for Ge Songtao.
The evidence at trial showed that although Ge Songtao employed Yang’s wife, had been to the Yangs’ home, and had paid for the Yangs to travel and visit him, Fan Yang consistently hid their relationship from the Navy. Then in January 2019, while assigned as an instructor at the Maritime Patrol and Reconnaissance Weapons School in Jacksonville, Yang completed and signed a background questionnaire as part of the renewal of his top secret security clearance. That questionnaire (called an SF-86 or e-QIP) required the disclosure of a variety of information, including any close or continuing contact with foreign nationals. Yang failed to disclose the extent of his contacts with Ge Songtao, and hid that he had maintained a bank account in China, sometimes worked for his family business, BQ Tree LLC, and possessed an expired Chinese passport.
On November 2, 2020, Ge Songtao pleaded guilty to conspiring to submit false export information through the federal government’s Automated Export System and to export special forces maritime raiding craft and engines to China fraudulently, and attempting to export that equipment fraudulently, in violation of U.S. law. On July 14, 2021, he was sentenced to three years and six months years in federal prison. On September 15, 2020, Yang Yang pleaded guilty to the same two charges to which Ge Songtao had pleaded guilty, and on December 9, 2020, was sentenced to a time-served sentence or the equivalent of approximately 14 months’ imprisonment. On August 13, 2020, co-defendant Zheng Yan pleaded guilty to conspiring to submit false export information and to export the raiding craft and engines fraudulently, in violation of U.S. law, and on March 31, 2021, was sentenced to a time-served sentence or the equivalent of approximately 6 months’ imprisonment and 11 months’ home-detention.
This case was investigated by the FBI, the U.S. Naval Criminal Investigative Service, the U.S. Department of Commerce – Bureau of Industry and Security, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorneys Michael J. Coolican and Kirwinn Mike, as well as Heather Schmidt, Senior Trial Attorney, Counterintelligence and Export Section, U.S. Department of Justice.
Intermediario panameño en supuesto plan de soborno acusado de lavado de dinero fue extraditado a los Estados Unidos desde GuatemalaRead the Press Release
WASHINGTON – Luis Enrique Martinelli Linares (Luis Martinelli Linares), de 39 años, ciudadano de Panamá e Italia, fue extraditado hoy desde Guatemala hacia los Estados Unidos para enfrentar una acusación presentada ante un tribunal federal en Brooklyn acusándolo a él y a su hermano, Ricardo Alberto Martinelli Linares (Ricardo Martinelli Linares), 42, ciudadano de Panamá e Italia, con delitos de lavado de dinero en relación con un plan masivo de soborno y lavado de dinero en el que involucra a Odebrecht S.A. (Odebrecht), un conglomerado mundial de construcción con sede en Brasil. Él está programado para comparecer por primera vez mañana ante la Magistrada de los Estados Unidos, Marcia M. Henry, del Tribunal de Distrito de los Estados Unidos para el Distrito Este de Nueva York.
Según los expedientes judiciales, el plan implicaba el pago de más de $700 millones en sobornos a funcionarios de gobierno, funcionarios públicos, partidos políticos y otros en Panamá y otros países alrededor del mundo para obtener y retener negocios para la compañía. El 21 de diciembre de 2016, Odebrecht se declaró culpable en el Distrito Este de Nueva York de una acusación criminal de conspiración para violar las disposiciones contra el soborno de la Ley de Prácticas Corruptas Extranjeras (FCPA), por su participación en el plan de soborno y lavado de dinero.
“La exitosa extradición de Luis Martinelli Linares demuestra el compromiso del departamento de trabajar con nuestros socios internacionales para perseguir, capturar y extraditar a quienes usan el sistema financiero de Estados Unidos para promover sus esquemas de corrupción y lavar fondos ilícitos,” dijo el fiscal general adjunto Kenneth A. Polite Jr. de la División Criminal del Departamento de Justicia. “Gracias a los esfuerzos nuestros socios en la aplicación de la ley en Guatemala, Luis Martinelli Linares deberá rendir cuentas en los Estados Unidos por sus presuntos delitos.”
“La extradición de Luis Martinelli Linares al Distrito Este de Nueva York es un primer paso significativo para que rinda cuentas por supuestamente haber lavado millones de dólares en pagos de sobornos a través de cuentas bancarias en Nueva York y otros lugares,” declaró el fiscal para el Distrito Este de Nueva York, Breon Peace. “Combatir el soborno y el lavado de dinero extraditando y enjuiciando a actores extranjeros corruptos como Martinelli es una prioridad del Departamento de Justicia.”
“Cualquier persona que facilite los pagos de sobornos a funcionarios gubernamentales contribuye a los riesgos de seguridad nacional, ya sea de manera abierta o involuntariamente, e interrumpe el sistema de libre mercado del comercio internacional,” dijo Michael J. Driscoll, director adjunto a cargo del FBI. “El FBI utilizará todos los recursos disponibles para poner fin a este tipo de comportamiento corrupto.”
Luis Martinelli Linares y Ricardo Martinelli Linares se presume en la acusación y otras presentaciones judiciales que conspiraron con otros para lavar aproximadamente $28 millones en pagos de sobornos hechos por y bajo la dirección de Odebrecht a un funcionario de alto rango en ese entonces del gobierno de Panamá, que era un pariente cercano de los acusados. Los sindicados fueron inicialmente acusados el 27 de junio de 2020 por medio de una denuncia penal. Los acusados fueron detenidos en el Aeropuerto Internacional la Aurora en Guatemala el 6 de julio de 2020, en cumplimiento de una solicitud de arresto provisional de los Estados Unidos cuando intentaban salir de Guatemala en un avión privado. El 4 de febrero de 2021, Luis Martinelli Linares y Ricardo Martinelli Linares fueron acusados formalmente con cinco cargos. La denuncia acusó a ambos sindicados de un cargo de conspiración para cometer lavado de dinero y dos cargos de encubrimiento de lavado de dinero; Luis Martinelli Linares también fue acusado de dos cargos de participación en transacciones de propiedad obtenida ilícitamente.
El 17 de mayo de 2021, después de la desestimación de varios recursos preliminares, el Tribunal Quinto de Sentencia Penal de Guatemala otorgó la solicitud de Estados Unidos de extraditar a Luis Martinelli Linares. El 21 de junio, la Sala de la Corte de Apelaciones Ramo Penal de Guatemala, confirmó el fallo del tribunal penal guatemalteco que concedía la extradición. El 15 de octubre, el Ministerio de Relaciones Exteriores de Guatemala notificó a los Estados Unidos, mediante una nota diplomática, que la extradición era definitiva y Luis Martinelli Linares estaba listo para ser entregado a los Estados Unidos, dando lugar a su llegada a los Estados Unidos el 15 de noviembre. Los Estados Unidos continúa sus esfuerzos para que Ricardo Martinelli Linares regrese a los Estados Unidos para enfrentar la justicia.
El Departamento de Justicia elogió y agradeció al Gobierno de Guatemala su asistencia en la extradición de Luis Martinelli Linares a los Estados Unidos. La Oficina de Asuntos Internacionales del Departamento de Justicia prestó asistencia considerable para asegurar la detención y extradición de Luis Martinelli Linares. El Ministerio Público Federal de Brasil, el Departamento de Policía Federal, las autoridades encargadas de aplicación de la ley en Guatemala, incluyendo al Ministerio Público de Guatemala y la Unidad Especializada de Asuntos Internacionales, y las autoridades del orden público en El Salvador también proporcionaron una importante cooperación.
La Unidad Contra la Corrupción Internacional del FBI en Nueva York está investigando este caso y la División de Operaciones Internacionales del FBI, el NY-ICS, y el SWAT de Nueva York transportaron a Luis Martinelli Linares desde Guatemala a los Estados Unidos.
El abogado litigante Michael Culhane Harper de la Sección de Fraude de la División Criminal, los abogados litigantes Barbara Levy y Michael Redmann de la Sección de Lavado de Dinero y Recuperación de Activos de la División Criminal (MLARS), y la Fiscal Federal Auxiliar Alixandra E. Smith, de la Fiscalía Federal para el Distrito Este de Nueva York están procesando el caso.
La Sección de Fraude es responsable de investigar y procesar todos los asuntos de la Ley de Prácticas Corruptas en el Extranjero (FCPA). Puede encontrar información adicional sobre los esfuerzos del Departamento de Justicia para hacer cumplir la FCPA en www.justice.gov/criminal/fraud/fcpa.
La Iniciativa de Recuperación de Activos de la Cleptocracia en MLARS fue creada para procesar a las personas que lavan dinero y confiscar el producto de la corrupción de funcionarios extranjeros y, cuando es apropiado, utilizar esos activos recuperados para beneficiar a las personas perjudicadas por la corrupción y el abuso de poder. Las personas que tienen información sobre posibles ingresos de corrupción extranjera ubicadas en o lavadas a través de los Estados Unidos deben contactar a la policía federal o enviar un correo electrónico a [email protected].
Una imputación es simplemente una acusación, y todos los acusados se presumen inocentes hasta que se demuestre su culpabilidad más allá de una duda razonable en un tribunal de justicia.
Huntington Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pleaded guilty today to a federal gun crime.
According to court documents and statements made in court, on May 18, 2019, a law enforcement officer responded to a reported drug complaint at a residence on 23rd Street in Huntington. Upon leaving the residence, the officer came across Franklin Delano Chafin, 31, who had been riding a bicycle and wearing a backpack. The officer and Chafin spoke, at which time the defendant refused to keep his hand out of his pocket. Chafin then admitted that he had needles on him that he wasn’t supposed to have because he was on probation. Chafin further admitted that there was a gun in his backpack. The officer searched the backpack and recovered a loaded .357 Magnum Ruger revolver. Chafin is prohibited from possessing a firearm due to his 2009 felony convictions for robbery in the 1st degree in Wayne County Circuit Court and burglary in Cabell County Circuit Court.
Chafin pleaded guilty to being a felon in possession of a firearm and he faces up to 10 years in prison when sentenced on February 28, 2022.
United States Attorney William S. Thompson made the announcement and commended the investigative efforts of the Huntington Police Department and the Huntington Violent Crime and Drug Task Force.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00200.
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Huntington Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man pleaded guilty today to a federal drug crime.
According to court documents and statements made in court, on February 28, 2019, law enforcement officers conducted a controlled buy of heroin from Eric Mashawn McNeely, Jr., 30, on 8th Avenue in Huntington. The suspected heroin was sent to the West Virginia State Police Lab, which confirmed that the substance was 2.97 grams of heroin with the presence of fentanyl.
McNeely pleaded guilty to distribution of heroin and faces up to 20 years in prison when sentenced on February 28, 2022.
United States Attorney William S. Thompson made the announcement and commended the investigative efforts of the Huntington Violent Crime and Drug Task Force and the Huntington Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00122.
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Hudson Valley Tequila Producer Pleads Guilty to Securities Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that JOSEPH CIMINO, the founder of a tequila brand based in the Hudson Valley, pled guilty today to securities and wire fraud charges before U.S. District Judge Vincent Briccetti. CIMINO admitted as part of his plea that he fraudulently solicited investments for his company.
U.S. Attorney Damian Williams stated: “As he admitted in court today, Joseph Cimino lied about his tequila business’s finances to lure investors and then diverted investor funds in order to line his own pockets. Now Cimino awaits sentencing for his fraudulent conduct.”
According to court documents and statements in court, from in or about 2014 to 2018, CIMINO raised approximately $935,000 from at least 25 investors based on fraudulent representations. To attract investors, CIMINO falsely inflated the amount of capital that he had raised from prior investors, and falsely described as investors several individuals who, in fact, had not contributed any funds. CIMINO also falsely inflated his company’s sales. For example, in July 2017, CIMINO claimed in an investor report that year-to-date sales totaled 3,410 cases of tequila, when the actual sales totaled only 350 cases. Similarly, in October 2017, CIMINO falsely claimed that year-to-date sales totaled 6,035 cases, which was approximately five times the actual total. CIMINO further claimed in October 2017 that his company would receive reimbursement for 800 cases of tequila supposedly destroyed at a Puerto Rican warehouse as a result of Hurricane Maria. In reality, no inventory was destroyed in the hurricane, and the company lacked insurance.
CIMINO also misused a substantial portion of investor money that was intended to fund the operations of his tequila business for personal expenses. For example, from 2014 to 2018, CIMINO transferred approximately $472,000 of investor money to his personal bank account in order to subsidize his food, entertainment, and other living expenses.
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CIMINO, 57, of Warwick, New York, pled guilty to one count of securities fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
CIMINO is scheduled to be sentenced by Judge Briccetti on February 18, 2022, at 2:30 p.m.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation. He also thanked the U.S. Securities and Exchange Commission for its assistance in the investigation.
This case is being prosecuted by the Office’s White Plains Division. Assistant U.S. Attorneys Benjamin A. Gianforti and Daniel Loss are in charge of the prosecution.
Honeywell and Others to Fund Restoration of Natural Resources and Conserve Natural Habitat Along the Buffalo River in Buffalo, New YorkRead the Press Release
Under a proposed settlement to resolve liability for natural resource damages, Honeywell International Inc. and others have agreed to a settlement with a value of approximately $6.25 million to restore natural resources and their services, and to preserve, in perpetuity, over more than 70 acres of natural undeveloped habitat along the Buffalo River in Buffalo, New York. The proposed settlement, which was filed under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund), will, if approved by the court, benefit the entire city of Buffalo community, including low-income and Black, Indigenous and minority neighborhoods historically overburdened by environmental pollution.
Today’s action was filed by the Department of Justice on behalf of the U.S. Department of the Interior’s Fish and Wildlife Service, the State of New York on behalf of the New York State Department of Environmental Conservation (DEC) and the Tuscarora Nation, as trustees for the natural resources that were harmed by the release of hazardous substances into the Buffalo River. The complaint alleges that Honeywell is the successor to Allied Chemical Corp./Buffalo Color Corp., which manufactured dyestuffs and/or organic chemicals at a facility along the River, and discharged process and cooling waters containing hazardous substances into the River from the mid-1960s to the early 1970s. As part of the proposed settlement, Honeywell entered into separate agreements with ten other entities that were also allegedly responsible for releasing hazardous substances into the River. These hazardous substances caused injuries to natural and cultural resources in and along the Buffalo River, such as migratory birds, fish and mammals, as well as the sediment and groundwater.
“The Justice Department is committed to working with state and Tribal partners to restore and preserve natural resources and their services for the benefit of the public, including low-income and minority communities,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The proposed settlement shows how we will strive to promote environmental justice in holding polluters to account.”
“This settlement is a favorable result that provides for substantial restoration work in the area surrounding the Buffalo River,” said U.S. Attorney Trini E. Ross of the Western District of New York. “The proposed natural resource restoration projects will enhance access to the Buffalo River and the natural habitat for the use and enjoyment of everyone in the community.”
“The settlement will preserve the remaining natural habitat along the Buffalo River, within the urban environment of the City of Buffalo, providing benefits for migratory birds that use the adjacent Niagara River, an Important Bird Area and Ramsar designated wetland,” said Regional Director Wendi Weber of the North Atlantic-Appalachian Region for the U. S. Fish and Wildlife Service. “It will also enhance recreational opportunities and provide local communities with greater access to the river, helping to connect people to nature.”
“Today’s announcement is the hard-earned result of years of advocacy and scientific investigation conducted by New York State, our federal partners and the Tuscarora Nation to hold the responsible parties accountable for decades of pollution that contaminated the Buffalo River,” said DEC Commissioner Basil Seggos. “We look forward to continuing to work together with our federal, Nation, and local partners to support the ongoing transformation of the city of Buffalo and continue our work reconnecting New Yorkers to a cleaner, healthier Buffalo River.”
The settlement will restore native species on over 70 acres of land that will be preserved in perpetuity in its undeveloped condition along the Buffalo River in an otherwise predominantly urban environment. Public access will also be provided to a portion of the City Ship Canal, allowing for recreational fishing from the shoreline. The conservation of the undeveloped land along the River, including portions of the Ship Canal, Concrete Central and Houghton Park, is valued at approximately $2 million. The conservation portion of the proposed settlement will provide increased habitat and natural aesthetic value, and additional trails for public use.
The settlement also includes the payment of $4.25 million for proposed natural resource restoration projects to create natural habitat and access to the River for the use and enjoyment of the public, including local low-income and minority community members. A portion of the recovery will also be used to fund cultural and ecological restoration programs on behalf of Tuscarora Nation. The trustees are engaged in joint restoration planning efforts, including through a proposed restoration plan that is currently subject to public comment. The draft restoration plan is available for review at: https://www.fws.gov/northeast/nyfo/ec/files/buffalo/DRAFT_Buffalo_River_Restoration_Plan_Environmental_Assessment_September_2019.pdf
The proposed settlement has been lodged in the U.S. District Court, Western District of New York, and is subject to a public comment period and final court approval. The consent decree can be viewed at the Department of Justice website: www.justice.gov/enrd/Consent_Decrees.html.
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Mark Allen Craig, II, of Lumberport, West Virginia, has admitted to a firearms charge, United States Attorney William J. Ihlenfeld, II announced.
Craig, 32, pleaded guilty to one count of “Unlawful Possession of Firearm.” Craig, a person prohibited from having a firearm because of prior convictions, admitted to having a .38 S&W Special caliber revolver in December 2020 in Harrison County.
Craig is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Sarah E. Wagner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrison County Sheriff’s Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
Former Toledo Physician Sentenced for Sex Trafficking and Drugging VictimsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that Manish Raj Gupta, 50, of Sylvania, Ohio, was sentenced today by Judge James G. Carr to more than 19 years in prison after Gupta, a former Toledo-area physician, pleaded guilty to sex trafficking by force, fraud or coercion and illegally dispensing a controlled substance. Gupta was sentenced to 235 months and ordered to pay a fine of $250,000 and over $57,000 in restitution.
"Mr. Gupta meticulously planned his attacks, including which controlled substances to pull from his medical office so that he could incapacitate vulnerable women and record his sexual assaults," said Acting U.S. Attorney Bridget M. Brennan. "The brave women who spoke out, along with the dedicated work of the FBI and prosecutors assigned to this case, ensured that Mr. Gupta was brought to justice and will no longer be a threat to women.'
"The FBI is pleased with the lengthy sentence given today to Manish Gupta for his heinous criminal behavior," said FBI Special Agent in Charge Eric B. Smith. "He took advantage of these females and turned them into victims of sexual abuse. Gupta's incarceration may pave the way for other victims to come forward. The FBI encourages anyone that was sexually victimized by Manish Gupta to please contact the FBI at 1-877-FBI-OHIO."
As set out in court documents, Gupta was a plastic surgeon and business owner of three surgery centers located in the city of Toledo, the city of Oregon and the Southern Michigan area. As a licensed doctor, Gupta was authorized to prescribe controlled substances within the course of his medical practice and for legitimate purposes.
According to court documents, Gupta traveled to medical conferences in large urban areas, including Chicago in March and April of 2013, Cleveland in April of 2013, Miami/Ft. Lauderdale in June of 2015 and July 2019, Los Angeles in September of 2016 and various other dates in San Francisco and Detroit.
Gupta would often stay at a centrally located hotel in these cities, hire escorts in the area and administer incapacitating drugs in order to commit sexual acts of violence without consent.
Gupta often recorded these assaults and, prior to his travel, would ship a bag described in court documents as a "rape bag," containing drugs and recording equipment, to the hotel where he was staying.
In August of 2016, court documents state that Gupta began corresponding online with Victim #1, an individual he intended to hire for sexual activity prior to planned travel to Los Angeles. On September 23, 2016, Gupta met with the victim at the hotel where he was staying, administered an incapacitating controlled substance, performed sexual acts of violence and recorded the assault.
On March 6, 2020, FBI agents executed a federal search warrant at one of Gupta's plastic surgery centers in Toledo. During the search, agents obtained numerous items, including controlled substances, sedatives, recording equipment and video recording memory cards, one of which contained a recording of Gupta committing sexual assault. Agents later discovered 61 different videos of Gupta committing sex acts of violence on at least 20 different unconscious women, including Victim #1.
This case was investigated by the Federal Bureau of Investigation, Toledo Resident Agency. This case was prosecuted by Assistant United States Attorneys Tracey Ballard Tangeman and Carol M. Skutnik.
Former Metro Elementary School Employee Pleads Guilty to Producing Child Pornography Using a Student and to Possession of Child PornographyRead the Press Release
OKLAHOMA CITY — Today, GREG ALLEN HENKE, 41, of Oklahoma City, pleaded guilty to sexual exploitation of a child and to possession of child pornography, announced Acting U.S. Attorney Robert J. Troester.
On May 13, 2021, FBI agents arrested Henke in Oklahoma City after he met with an undercover agent to attempt to engage in sexual activities with children. He has been in federal custody since his arrest. Prior to his arrest, Henke was employed at Highland Park Elementary School in the Mid-Del school district.
On June 1, 2021, a federal grand jury returned an Indictment against Henke, charging him with attempted receipt of child pornography and attempted coercion and enticement of a minor. That Indictment alleged that on or about May 10, 2021, Henke knowingly attempted to receive child pornography using a means and facility of interstate and foreign commerce. The Indictment further alleged that, between April 1, 2021 and about May 13, 2021, Henke used a cell phone and the internet to attempt to persuade, induce, entice, and coerce a minor to engage in sexual activity.
On September 7, 2021, a federal grand jury returned a Superseding Indictment against Henke. The Superseding Indictment added to the original Indictment one charge of possession of material containing child pornography and two charges of production of child pornography. Specifically, the Superseding Indictment alleges that between 2019 and 2021, Henke used two minor students at Highland Park Elementary School to engage in sexually explicit conduct. The Superseding Indictment alleged that Henke used his cell phone to capture the sexually explicit conduct.
At a plea hearing today, Henke pleaded guilty to one count of producing child pornography using a student, while he was a paraprofessional at Highland Park Elementary School. Henke also pleaded guilty to possessing child pornography on several electronic devices. As part of a plea agreement, the United States agreed to dismiss at sentencing the remaining charges.
At sentencing, which is anticipated to take place in about 90 days, Henke faces a maximum penalty of 50 years in federal prison, in addition to a term of supervised release for not less than five years and up to life. The plea of guilty to producing child pornography carries a mandatory minimum term of 15 years in federal prison.
This case is the result of an investigation by the Federal Bureau of Investigation - Oklahoma City Field Division. Assistant U.S. Attorney Bow Bottomly is prosecuting the case.
This case is part of Project Safe Childhood, a nationwide initiative by the Department of Justice (DOJ) to combat child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the DOJ Child Exploitation and Obscenity Section, 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.
Reference is made to public records for more information.
Former East Hartford Resident Admits Making Cell Phone Videos of Him Sexually Assaulting a ChildRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that SAEED MUSTAPHA MOUSSA, 31, a citizen of Ghana last residing in East Hartford, waived his right to be indicted and pleaded guilty today before U.S. District Judge Sarah A. L. Merriam in New Haven to a child exploitation offense related to his sexual assault of a minor.
According to court documents and statements made in court, in September 2020, East Hartford Police received a report that Moussa’s cell phone contained videos of Moussa engaging in sexual activity with a young child. East Hartford Police subsequently conducted a court-authorized search of Moussa’s residence and seized Moussa’s cell phone, computer equipment and computer storage media. Investigators also executed a search warrant on Google for the contents of Moussa’s Google Photos account. The cell phone and Google Photos account contained videos, taken between 2018 and 2020, of Moussa sexually assaulting a girl who was under the age of 12.
Moussa pleaded guilty to one count of production of child pornography, an offense that carries a mandatory minimum term of imprisonment of 15 years and maximum term of imprisonment of 30 years. Judge Merriam scheduled sentencing for February 7, 2022.
Moussa has been detained since his arrest on related state charges on October 27, 2020.
This matter has been investigated by Homeland Security Investigations (HSI), the East Hartford Police Department and the West Chester Township (Ohio) Police Department. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Acting U.S. Attorney Boyle thanked the Hartford State’s Attorney’s Office for its cooperation in the investigation and prosecution of this case.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Former CEO of Publicly Traded Houston Company Sentenced to Three Years in Prison for Accounting Fraud and Misappropriation SchemesRead the Press Release
Damian Williams, the United State Attorney for the Southern District of New York, announced today that JEFFREY HASTINGS, the former Chief Executive Officer and Chairman of the Board of Directors of SAExploration Holdings, Inc. (“SAEX” or the “Company”), a publicly traded seismic data company based in Houston, Texas, was sentenced today in Manhattan federal court to three years in prison for his role in a scheme to fraudulently and materially inflate the publicly reported revenue of SAEX by tens of millions of dollars, in 2015 and 2016, and also for misappropriating millions of dollars from the Company. On August 13, 2021 HASTINGS pled guilty before U.S. District Judge Gregory H. Woods, who imposed today’s sentence.
According to the Superseding Information, the Superseding Indictment, and the Complaint filed in this case, and statements made in connection with sentencing:
At all times relevant to the Information until August 2016, HASTINGS was the Executive Chairman of the Board of Directors of SAEX (the “Board”). After August 2016, HASTINGS served as both the Chairman of the Board and the Chief Executive Officer (“CEO”) of SAEX until he separated from the company in August 2019. SAEX was a publicly-traded seismic data acquisition company headquartered in Houston, Texas, that traded under the symbol “SAEX” on the NASDAQ. In May 2020, SAEX was delisted from the NASDAQ and, in December 2020, was taken private. SAEX provided land and marine-based seismic acquisition services including program design, planning and permitting, camp services, survey, drilling, recording and processing. Seismic data is used by oil and gas companies to identify and analyze drilling prospects and maximize successful drilling.
From February 2015 through May 2019, HASTINGS, together with Brent Whiteley, the then Chief Financial Officer and General Counsel of SAEX; Michael Scott, the then Executive Vice President of Operations at SAEX; and the founder, and at various times the President, CEO, and Chief Operating Officer of SAEX (“CC-1”), devised and carried out a scheme to defraud SAEX’s shareholders, bondholders, and the investing public by artificially and materially inflating SAEX’s reported revenue by making it appear that Alaskan Seismic Ventures, LLC (“ASV”) was an independent and reliable source of tens of millions of dollars of revenue.
In February 2015, HASTINGS and Whiteley discussed finding a way for SAEX to take advantage of certain tax credits offered by the State of Alaska to seismic data library companies, to offset the costs of exploring for oil and gas in Alaska (the “Alaska Tax Credits”). The Board of SAEX was opposed to operating its own data library company because of concerns about the ability to ensure payment to SAEX, including through the monetization of Alaska Tax Credits, among other reasons. To avoid the appearance that SAEX was operating a data library company that licensed data to third parties, HASTINGS and Whiteley set up ASV, to purport to operate as an independent customer purchasing seismic data from SAEX and licensing it to third parties. HASTINGS recruited an acquaintance to serve as the owner and sole employee of ASV. In truth and in fact, and as hidden from investors, ASV was not independent and could not pay SAEX for its seismic data.
After setting up ASV, HASTINGS and Whiteley created and caused to be created a number of shell companies (the “Shell Companies”) for the purpose of secretly transferring funds from SAEX into ASV. One of the Shell Companies, Global Equipment Solutions (“Global Equipment”), was purportedly an equipment rental company from which SAEX rented seismic acquisition equipment. In truth and in fact, and as HASTINGS and his co-conspirators well knew, SAEX did not rent any equipment from Global Equipment and did not owe Global Equipment any money. The co-conspirators took steps to make the payments from SAEX to Global Equipment appear legitimate to others at SAEX; for example, Whiteley drafted a lease agreement between SAEX and Global Equipment, and Scott caused fake purchase orders to be created that purported to show expenses incurred by SAEX as a result of renting equipment from Global Equipment.
By the end of 2015, SAEX had recorded on its books approximately $12 million in payables to Global Equipment. HASTINGS and his co-conspirators ultimately routed approximately $5.8 million of SAEX’s funds through Global Equipment, and the other Shell Companies, to ASV. That money then went from ASV back to SAEX to pay outstanding receivables. The fact that these funds belonged to and originated with SAEX was not disclosed to investors. HASTINGS and his co-conspirators referred to this portion of the scheme as “round-tripping.” In addition, HASTINGS and Whiteley then misappropriated more than $5 million of the funds that SAEX transferred to Global Equipment for their own use, including making payments to Scott and CC-1, among others.
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In addition to his prison term, HASTINGS, 63, of Anchorage, Alaska and British Columbia, Canada, was sentenced to two years of supervised release and ordered to pay a forfeiture money judgment in the amount of $590,807. Judge Woods deferred determination of restitution for 90 days.
Two co-defendants – Brent Whiteley and Michael Scott – have already pled guilty and await sentencing before Judge Woods.
Mr. Williams praised the investigative work of the Federal Bureau of Investigation and thanked the Securities and Exchange Commission, which brought a separate civil action.
The case is being handled by the Office’s Securities and Commodities Fraud Unit. Assistant U.S. Attorneys Christine I. Magdo and Gina Castellano are in charge of the prosecution.
Federal Jury Convicts Former Arnold Resident of Possessing Fentanyl and HeroinRead the Press Release
PITTSBURGH, PA – After deliberating for more than three hours on Friday, November 12, 2021, a federal jury of nine women and three men found Kevin Watson guilty of one count of possession with intent to distribute 400 grams or more of fentanyl and 100 grams or more of heroin, Acting United States Attorney Stephen R. Kaufman announced today.
Watson, aged 32, formerly of Arnold, Pennsylvania, was tried before Senior United States District Judge Donetta Ambrose in Pittsburgh, Pennsylvania.
According to Assistant United States Attorney Brian Czarnecki, who prosecuted the case, the evidence presented over four days of trial proved that on or about April 26, 2019, Watson possessed with intent to distribute approximately 14,980 servings of heroin and fentanyl contained in bags stamped with “Blue Magic.” The bags were packaged in groups of fifty stampbags known as bricks, and then placed into six-gallon sized bags, each containing 50 bricks. Watson had five of the gallon sized bags in a box surround by wrapping paper in the trunk of his car. The other gallon sized bag was in a grocery bag, also in the trunk of his car.
Pennsylvania State Police found the drugs during a search of Watson’s car on April 29, 2019, which was impounded at the Police Barracks in Kittanning following a traffic stop on April 26, 2019. The traffic stop occurred on Route 28 northbound. Watson was originally pulled over overly tinted windows. Troopers noticed a four-year-old child in the back seat, and what started as a routine traffic stop turned into a highspeed pursuit after Watson fled the scene. Watson reached speeds of 115 miles per hour before exiting Route 28 at the Tarentum exit. Watson attempted to negotiate a righthand turn, but he lost control of the car and crashed into a utility pole.
After Watson crashed his car, he fled on foot, leaving the child in the car. Two troopers caught up to Watson and arrested him. Meanwhile another trooper secured the child from the backseat of Watson’s car. Watson was life flighted to Allegheny General Hospital due to injuries sustained from the crash, but the four-year-old child did not suffer serious injuries.
Expert witnesses at trial testified that the total weight of the heroin/fentanyl possessed by Watson was approximately 480 grams and the drugs had a street value in 2019 of around $100,000.
Judge Ambrose will issue an order scheduling the date and time for sentencing. The law provides for a sentence of no less than 10 years imprisonment to a maximum of life and a fine not to exceed $10,000,000. The sentence may be increased if Watson has prior drug trafficking convictions. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
The Pennsylvania State Police and the Drug Enforcement Administration conducted the investigation that led to the prosecution of Watson.
Federal Grand Jury Indicts Two for Child Exploitation Offenses as a Result of Undercover Law Enforcement Operation in OwensboroRead the Press Release
BOWLING GREEN, KY – A federal grand jury in Bowling Green returned two indictments on November 10, 2021, charging a Utica, Kentucky man and a Georgetown, Indiana man with federal child exploitation offenses. The charges were announced by Michael A. Bennett, Acting United States Attorney, Western District of Kentucky, Kentucky Attorney General Daniel Cameron, and United States Secret Service Special Agent in Charge Robert Holman of the Louisville Field Office.
The charges were the result of a joint federal, state, and local operation called Operation Angel, aimed at making federal arrests of individuals who prey upon children in the Owensboro area. The operation was headed by the United States Secret Service and included the United States Attorney’s Office for the Western District of Kentucky, the Kentucky Office of the Attorney General, the Kentucky State Police, and the Owensboro Police Department.
According to court documents, 41-year-old Timothy Richard Simone, of Utica, is charged with attempted enticement of a minor and attempted transfer of obscene material to a minor. He faces not less than 10 years’ imprisonment for the enticement charge, and not more than 10 years’ imprisonment for the obscenity charge. The maximum penalty Simone faces is life imprisonment.
Bradley Linderman, 34, of Georgetown, Indiana, is also charged with travelling across state lines with intent to engage in illicit sexual conduct with a minor, attempted enticement of a minor, and attempted transfer of obscene material to a minor. He faces not less than 10 years’ imprisonment for the enticement charge, not more than 30 years’ imprisonment for the charge of interstate travel to engage in illicit sexual conduct with a minor, and not more than 10 years’ imprisonment for the obscenity charge. The maximum penalty Linderman faces is life imprisonment.
If convicted, a federal district court judge will determine any sentence imposed upon Simone and Linderman after considering the U.S. Sentencing Guidelines and other statutory factors.
Simone and Linderman are scheduled to be arraigned in Owensboro on November 23, 2021, before U.S. Magistrate Judge H. Brent Brennenstuhl of the U.S. District Court for the Western District of Kentucky.
The United States Secret Service, Kentucky Office of the Attorney General, Kentucky State Police, and the Owensboro Police Department are investigating the cases.
Assistant U.S. Attorney A. Spencer McKiness is prosecuting the cases.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims.
Fargo, ND, Woman Sentenced to Federal Prison for a String of Violent Federal RobberiesRead the Press Release
FARGO - Acting United States Attorney Nicholas W. Chase announced that U.S. District Court Chief Judge Peter D. Welte sentenced Harleigh Josette Haugen, age 20, Fargo, ND, to 45 months in federal prison for Conspiracy to Commit Robbery and Robbery. Chief Judge Welte also sentenced Haugen to 3 years supervised release and a $100.00 Special Assessment.
Investigation revealed that from May and continuing through June 2019, Haugen and Jordan Daniel Kraft, age 21, Fargo, ND, conspired with a group of young males and females to rob customers of commercial sex. Haugen, Kraft and others posted advertisements on "Skip the Games" promoting prostitution with adult women. The defendants sought to take advantage of a group of commercial sex customers whom they believed would be unwilling to go to law enforcement if they were robbed. The defendants arranged to meet the victims in their private residences and in local apartments controlled by the defendants. Using dangerous weapons, the defendants robbed the commercial sex customers by threats of force and violence, and in some instances the victims were physically assaulted by the defendants before they were robbed.
"This case and sentencings sends a strong message that violent crime in our community will not be tolerated," said Acting United States Attorney Nick Chase, "and the US Attorney’s Office, along with our local, state and federal law enforcement partners will aggressively pursue efforts through the Department of Justice’s Project Safe Neighborhood program to reduce violent crime and eliminate brutal criminals from our community."
"We encourage anyone who is a victim of a crime to report it and allow law enforcement officials to investigate, no matter the circumstances," said Acting Special Agent in Charge Jamie Holt, of HSI St. Paul. "Individuals engaged in violent criminal activity in our communities will be prosecuted to the fullest extent of the law and brought to justice."
Several of Haugen’s co-defendants were indicted in North Dakota and pleaded guilty:
• JORDAN DANIEL KRAFT, age 21, Fargo, ND: Plead guilty to One Count Conspiracy to Commit Robbery and Robbery, pending sentencing.
• SHELTON LEE MOSEBY, IV, age 19, Fargo, ND: Plead guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 51 months in federal prison, followed by 3 years supervised release.
• TEAJAHA SHANETTE LAYSHA GRANDER, age 24, Fargo, ND: Plead guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 24 months in federal prison, followed by 3 years supervised release.
• TATYANNA DESHUAN GRANDER, age 21, Fargo, ND: Plead guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 30 months in federal prison, followed by 3 years supervised release.
• TEON TYRIK BERRY, age 19, Fargo, ND: Plead guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, sentenced to 57 months in federal prison, followed by 3 years supervised release.
• ZACHARY RONZELL MITCHELL, age 19, Fargo, ND: Plead guilty to One Count of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery, pending sentencing.
• JACOBY RASHAWN LEE, age 19, Fargo, ND: Plead guilty to One Count of Interference with Commerce by Threats or Violence—Hobbs Act Robbery, sentenced to 84 months in federal prison, followed by 3 years supervised release..
This case was investigated by the Fargo Police Department and the Homeland Security Investigation and the case was prosecuted by the United States Attorney’s office, with Assistant United States Attorney Jennifer Puhl assigned to the case.
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El Departamento de Justicia Llega a un Acuerdo con una Compañía de Fabricación de Hieleras que Resuelve unas Denuncias de Discriminación Relacionada con la InmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Igloo Products Corp., una compañía que fabrica hieleras, jarras y productos de hidratación con sede en Katy, Texas. El acuerdo resuelve las acusaciones del Departamento de que Igloo no consideró a trabajadores en los Estados Unidos (tales como ciudadanos de los EE. UU., asilados, refugiados y residentes permanentes legales recientes) para ciertos trabajos porque la compañía los había reservado para trabajadores con visas laborales temporales.
La investigación del Departamento concluyó que Igloo no consideró a postulantes en los Estados Unidos para puestos como asistentes de producción estacional porque la compañía supuso que trabajadores en este país no estarían interesados en empleo estacional temporal. En su lugar, Igloo reservó sus puestos de asistentes de producción estacional para trabajadores con visas H2-B, con base en su estatus migratorio. Conforme la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés), los empleadores no pueden, por norma general, discriminar a trabajadores por motivos de su ciudadanía, estatus migratorio o nacionalidad de origen en ningún momento durante el proceso de contratación. Asimismo, el Departamento de Trabajo requiere que cualquier empleador que pida permiso para contratar a trabajadores H-2B contrate primero a todos los trabajadores cualificados y disponibles en este país que soliciten un puesto antes de la fecha límite relevante.
«A los empleadores no se les permite favorecer a trabajadores con visas temporales y hacer caso omiso de solicitudes provenientes de trabajadores cualificados en este país por motivos de suposiciones basadas en el estatus migratorio o la ciudadanía», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia no tolerará discriminación ilícita en el empleo y está comprometido a hacer a cualquier infractor rendir cuentas».
Conforme los términos del acuerdo conciliatorio, Igloo pagará $21,000 a los Estados Unidos por concepto de sanciones civiles y pondrá $40,000 a la disponibilidad de víctimas de discriminación elegibles. Por otra parte, Igloo cambiará sus políticas y procedimientos para que estos cumplan con la disposición antidiscriminatoria de la INA, capacitará a sus empleados en cuanto a los requisitos de la ley, en el futuro realizará esfuerzos adicionales de reclutamiento antes de buscar a trabajadores con visas H2-B y será supervisado durante un período de tres años para garantizar que la compañía esté cumpliendo con el acuerdo.
La Sección de Derechos de Inmigrantes y Empleados de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Para aprender más sobre la labor de la IER y cómo conseguir ayuda, vea este vídeo corto. Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1‑800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1‑800‑237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar la página web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
Download Settlement Agreement.pdf
Department of Justice Awards over $236,000 for Crime Based ProgramsRead the Press Release
HARRISBURG –Acting U.S. Attorney Bruce D. Brandler announced that the Department of Justice’s Office of Bureau of Justice Assistance (BJA) has awarded over $236,000 of the Edward Byrne Memorial Justice Assistance Grant to the City of Scranton, City of Wilkes-Barre, City of York, and Dauphin County.
These grants are used to support activities to prevent and control crime based on local needs and conditions. Grant funds can be used for local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. Funded programs or initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.
- BJA’s grant of $36,915 to the City of Wilkes-Barre will help assign additional officers in high crime/violent crime areas in order to reduce the criminal and violent activity in those areas of the city. Also, these funds will be used for community-based and non-community-based police officer trainings to deal with violent crimes areas of the city. The goal is to increase public safety for citizens while reducing violence and violent crimes.
“This JAG funding enables the Wilkes-Barre Police Department to continue with its plans to provide necessary services to the residents of the City of Wilkes-Barre with the flexibility to prioritize and place funds where they are needed the most,” said City of Wilkes-Barre’s Mayor George C. Brown.
- BJA’s grant of $81,264 to the City of Scranton will help fund the Scranton Police Department’s forty officer part time Civil Disturbance Unit (CDU) with new equipment.
- BJA awarded grant funds in the amount of $62,015 to the City of York. $50,532 was allocated to the York City Police Department to help maintain its technology through the purchase of the annual subscription for Power DMS software. York City Police Department will also provide ten officers with bicycle certification training and purchase various equipment for the department. $11,485 was allocated to York Township to fund partial expenses for Crimewatch and the Cody NIBRS reporting system.
- BJA’s grant of $56,605 to Dauphin County will help fund the Harrisburg victim advocate and police technology project which will ensure crime victim advocates are placed in the Harrisburg City Police Department. Victim advocates will reach out to crime victims and assist throughout the victim’s time in the criminal justice system. The funds will also be used to fund expenses for Crimewatch and the Cody NIBRS reporting system.
“These grants will address the needs of local communities to fight crime, train police, and increase victim services,” stated Acting U.S. Attorney Brandler. “These are all important goals and I am pleased the Department of Justice can contribute to these worthy causes.”
Convicted Sex Offender Sentenced to Six Years in Federal Prison for Violating Terms of His Supervised ReleaseRead the Press Release
Orlando, FL – U.S. District Judge Carlos E. Mendoza today revoked the supervised release of Jason Moriarty (38, Orlando) and sentenced him to six years in federal prison to be followed by a lifetime term of supervised release. Moriarty was arrested on August 23, 2021, and has been detained pending this final hearing.
Moriarty was found guilty on November 15, 2021.
According to court documents, on July 21, 2004, Moriarty was sentenced to 20 years in federal prison and a lifetime term of supervised release for attempting to receive, receiving, and possessing with the intent to sell material containing images of children being sexually abused, attempting to possess and possessing material containing images of child sex abuse, and receiving and possessing with the intent to distribute an obscene image depicting the sexual abuse of a minor. On July 1, 2021, Moriarty began his supervision after his release from federal prison.
On August 13 and 14, 2021, following his release from prison, Moriarty accessed the internet through a computer at the public library, in violation of his supervision terms. During an interview, Moriarty admitted he had accessed the internet and confirmed he took photos using his cellphone which he later deleted. A forensic review of Moriarty’s phone revealed that it contained more than 400 images of child erotica. Several images also depicted children being “kidnapped,” tied up, or bound by duct tape. Moriarty also possessed a photo depicting a kidnapping kit.
This case was investigated by the United States Probation Office and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Beatriz Gonzalez.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Colombian National Convicted After Attempting to Buy 20 Kilograms of Cocaine from Undercover AgentsRead the Press Release
BOSTON – A Colombian national, recently residing in Revere, was convicted by a federal jury today in connection with attempting to purchase 20 kilograms of cocaine from undercover agents.
Jesus Arley Munera-Gomez, 35, was convicted following a week-long trial of one count of attempt to possess with intent to distribute five kilograms or more of cocaine. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for March 16, 2022. Munera-Gomez was indicted in March 2020.
In February 2020, Munera-Gomez arranged to purchase 20 kilograms of cocaine from undercover agents in exchange for $200,000. At the meeting location, Munera-Gomez took a duffle bag from the undercover agents containing 20 kilograms of sham cocaine. He was arrested immediately following the transaction. A subsequent search of Munera-Gomez’s residence resulted in the seizure of approximately $200,000 which was to be used as the down payment for the cocaine.
The charge of attempt to possess with intent to distribute five kilograms or more of cocaine provides for a sentence of at least 10 years and up to a lifetime in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division made the announcement today. Assistant U.S. Attorneys Jared C. Dolan and Lauren A. Graber of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case.
Charleston Man Sentenced to More Than Five Years in Federal Prison for Heroin DistributionRead the Press Release
CHARLESTON, W.Va. – Donta Hamilton, 31, of Charleston, was sentenced today to five years and three months in federal prison for the distribution of heroin.
According to court documents and statements made in court, Hamilton admitted that he sold approximately 3.5 grams of heroin to a confidential informant at a Renaissance Circle apartment in Charleston on August 5, 2020.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Metropolitan Drug Enforcement Network Team (MDENT).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence.
Assistant United States Attorney Ryan Blackwell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00022.
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Cedar Rapids Man Pleads Guilty to Being a Drug User in Possession of Firearms and AmmunitionRead the Press Release
A drug user who possessed firearms and ammunition pled guilty today in federal court in Cedar Rapids.
Douglas Studer, age 62, from Cedar Rapids, Iowa, was convicted of one count of being a drug user in possession of firearms and ammunition. At the plea hearing, Studer admitted that, on May 17, 2019, he knowingly possessed two pistols and 932 rounds of ammunition while being a user of methamphetamine.
Sentencing before United States District Court Judge C.J. Williams will be set after a presentence report is prepared. Studer remains free on bond previously set pending sentencing. Studer faces a possible maximum sentence of ten years’ imprisonment, a $250,000 fine, and three years of supervised release following any imprisonment.
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.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Dubuque Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Iowa Division of Criminal Investigation.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 21-1027.
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California Man Charged in Scheme Involving over $300,000 in Fraudulent Purchases from Home DepotRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that JONATHAN orPilla SINLAO, age 36, a resident of San Jose, California, was charged on November 12, 2021 in an eight-count indictment arising out of a scheme to make numerous unauthorized credit card purchases at Home Depot stores.
The indictment charges SINLAO with one count of Conspiracy to Commit Access Device Fraud, in violation of Title 18, United States Code, Sections 1029(a)(5) and 1029(b)(2). If convicted of this count, SINLAO faces a maximum term of seven-and-a-half (7.5) years in prison and/or a fine of $250,000.00 or the greater of twice the gross gain to the defendant or twice the gross loss caused by the offense. SINLAO was also charged with seven counts of Access Device Fraud, in violation of Title 18, United States Code, Section 1029(a)(5). If convicted, SINLAO faces, as to each of these seven counts, a maximum term of fifteen (15) years in prison and/or a fine of $250,000.00 or the greater of twice the gross gain to the defendant or twice the gross loss caused by the offense. In addition, SINLAO faces a term of supervised release of up to three (3) years per count after his release from prison. A mandatory special assessment fee of $100 per count is also applicable.
According to Court documents, SINLAO conspired with others to conduct over $300,000 in unauthorized purchases of gift cards and products at Home Depot stores using customers’ Citibank credit card numbers. These transactions occurred between at least February of 2019 and July of 2019 at Home Depot stores in Louisiana, Florida, Texas, Arizona, California, New York, and Oklahoma.
U.S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Department of Homeland Security, the Oklahoma City Police Department, and the Jefferson Parish Sheriff’s Office in investigating this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Maria Carboni.
Buffalo Man Pleads Guilty to Selling Butyryl and Furanyl FentanylRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that Billy D. Henderson, 42, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to conspiring to possess with intent to distribute, and distributing, 100 grams or more of butyryl fentanyl and furanyl fentanyl. The charges carry a mandatory minimum penalty of 10 years in prison, a maximum of life, and a fine of $10,000,000.
Assistant U.S. Attorneys Laura A. Higgins and Charles M. Kruly, who are handling the case, stated that on April 3, 2019, the Erie County Sheriff’s Office and Homeland Security Investigations executed a search warrant at 50 Newton Street in Buffalo, where the defendant lived with his girlfriend and co-defendant Denise Porter. During the search, Henderson and Porter discarded controlled substances out windows of the residence. Subsequently, law enforcement recovered quantities of butyryl fentanyl, furanyl fentanyl, cocaine, fentanyl, and heroin; two digital scales with narcotics residue; a drug press; approximately $7,000 in United States currency; ammunition; and packaging materials for narcotics distribution.
The co-defendant, Denise Porter, was previously convicted and is awaiting sentencing.
The plea is the culmination of an investigation by the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for February 23, 2022, at 10:30 a.m. before Judge Arcara.
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Bank Robber IndictedRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that JOSEPH REED, age 35, of New Orleans, Louisiana, was indicted on November 12, 2021 for Bank Robbery in violation of Title 18, United States Code, Section 2113(a).
According to the indictment, on or about October 9, 2021, REED attempted to rob the Chase Bank located on North Broad Street in New Orleans, Louisiana.
If convicted, REED faces up to a maximum of twenty (20) years in the Federal Bureau of Prisons, up to a $250,000 fine, up to three years of supervised release, and a $100 mandatory special assessment fee.
United States Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation’s Violent Crime Task Force, officers with the New Orleans Police Department and the Jefferson Parish Sheriff’s Office. Assistant U.S. Attorney Jon Maestri is handling the prosecution.
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Bahamian Man Sentenced to Five Years in Prison for More Than $1.2 Million Credit Card Fraud SchemeRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced that KEVIN DION ROLLE, Jr. was sentenced by U.S. District Judge Alison J. Nathan to 60 months in prison for his role in a $1.2 million credit card scheme. ROLLE, Jr. pled guilty before Judge Nathan on August 5, 2021, to one count of wire fraud.
According to the allegations in the Complaint, the Indictment, and other documents filed in federal court, as well as statements made in public court proceedings:
From October 2015 to September 2020, ROLLE participated in what is known by various credit card companies as a “bust-out” scheme whereby the credit card user applies for a credit card and incurs numerous charges with no intention of paying the balance. As part of his multi-year fraud scheme, ROLLE submitted multiple credit card applications to American Express (“Amex”), which often included or were supported by documentation containing false identifying information. Once ROLLE received a credit card, he used the credit card for a short period of time to purchase luxury items, including, among other things, Cartier jewelry and a Bentley.
In total, ROLLE incurred $1,205,318.18 in Amex credit card charges that remain outstanding and collected an $209,500 in insurance proceeds based on a claim for jewelry pieces purchased with the fraudulent Amex credit cards.
On the basis of multiple Court filings, ROLLE admitted in the terms of his plea agreement to obstructing justice. ROLLE made numerous self-serving, false, and/or inconsistent statements to the Court and the United States District Court for the District of Puerto Rico where he was first arrested regarding his personal background, possession of foreign passports, and his purported ties to New York. At the time of his arrest, ROLLE presented an Irish passport, which was later found to have been obtained with a fake United States passport. Additionally, ROLLE purported to be the president of a particular college in The Bahamas—the existence of which was unable to be verified by the FBI.
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In addition to the prison term, ROLLE, 27, of The Bahamas, was ordered to make restitution in the amount of $1,414,818.18 and forfeiture in the amount of $1,504,818.18.
Mr. Williams thanked the FBI Foreign Influence Task Force for their outstanding work.
The case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Emily A. Johnson and Danielle M. Kudla are in charge of the prosecution.
Archdiocese of New Orleans Agrees to Pay More Than $1 Million to Resolve Hurricane Katrina-related False Claims Act AllegationsRead the Press Release
WASHINGTON – The Roman Catholic Archdiocese of New Orleans (“Archdiocese of New Orleans”) has agreed to pay more than $1 million to resolve allegations that it violated the False Claims Act by knowingly submitting false claims for payment to the Federal Emergency Management Agency (FEMA) for the repair or replacement of certain facilities damaged by Hurricane Katrina. The settlement, which is based on the Archdiocese of New Orleans’ financial condition, required final approval of the U.S. Bankruptcy Court for the Eastern District of Louisiana, which approved the settlement on Oct. 26.
“FEMA offers critical financial support when natural disasters strike,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice is committed to ensuring that these taxpayer funds are properly spent to help disaster victims rebuild their communities.”
The settlement resolves allegations that, from 2007 through 2013, the Archdiocese of New Orleans knowingly signed certifications for FEMA funding that contained false or fraudulent damage descriptions and repair estimates that were prepared by AECOM, an architecture and engineering firm based in Los Angeles. Among other things, the alleged false descriptions included purported damage to a nonexistent central air conditioning unit and misstated a facility’s square footage.
“Federal disaster funds are an instrumental component in the effort to assist disaster victims with their recovery,” said the U.S. Attorney’s Office for the Eastern District of Louisiana. “The favorable resolution of this False Claims Act matter illustrates the collaborative efforts and firm commitment by our federal partners to use all available remedies to address signs of fraud, waste and abuse.”
“Funds fraudulently obtained from FEMA deprive deserving recipients and communities truly in need,” said Inspector General Dr. Joseph V. Cuffari for Department of Homeland Security Office of Inspector General (DHS OIG). “We appreciate the support of our law enforcement partners, and this outcome is another example of the continuing successful partnership between the Department of Homeland Security Office of Inspector General, the Department of Justice’s Civil Litigation Branch in Washington, DC and the Eastern District of Louisiana’s U.S. Attorney’s Office.”
The settlement resolved allegations originally filed in a lawsuit brought under the qui tam or whistleblower provisions of the False Claims Act by Robert Romero, an AECOM Project Specialist. The False Claims Act permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The False Claims Act also permits the United States to intervene in such an action, as it did in this case, in part, against AECOM, the Archdiocese of New Orleans, and other disaster relief applicants in June 2020. One of those applicants, Xavier University of Louisiana, previously agreed to pay the United States $12 million to resolve its alleged role in the submission of false and misleading repair estimates prepared on its behalf by AECOM. The lawsuit against AECOM and another disaster relief applicant remains ongoing. As part of its settlement, the Archdiocese of New Orleans agreed to cooperate in the litigation.
The whistleblower lawsuit is captioned United States ex rel. Robert Romero v. AECOM, Inc., et al., No. 16-cv-15092 (E.D. La.). As part of the settlement with the Archdiocese of New Orleans, Mr. Romero received approximately $199,500.
The False Claims Act lawsuit is being handled by the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana, with assistance from FEMA’s Office of Chief Counsel. Investigative support is being provided by the Department of Homeland Security’s Office of Inspector General, through its Major Fraud and Corruption Unit and New Orleans Resident Office.
The claims alleged in the lawsuit, including those resolved by the Archdiocese of New Orleans, are allegations only, and there has been no determination of liability.
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Archdiocese of New Orleans Agrees to Pay More Than $1 Million to Resolve Hurricane Katrina-related False Claims Act AllegationsRead the Press Release
The Roman Catholic Archdiocese of New Orleans (Archdiocese of New Orleans) has agreed to pay more than $1 million to resolve allegations that it violated the False Claims Act by knowingly submitting false claims for payment to the Federal Emergency Management Agency (FEMA) for the repair or replacement of certain facilities damaged by Hurricane Katrina. The settlement, which is based on the Archdiocese of New Orleans’ financial condition, required final approval of the U.S. Bankruptcy Court for the Eastern District of Louisiana, which approved the settlement on Oct. 26.
“FEMA offers critical financial support when natural disasters strike,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice is committed to ensuring that these taxpayer funds are properly spent to help disaster victims rebuild their communities.”
The settlement resolves allegations that, from 2007 through 2013, the Archdiocese of New Orleans knowingly signed certifications for FEMA funding that contained false or fraudulent damage descriptions and repair estimates that were prepared by AECOM, an architecture and engineering firm based in Los Angeles. Among other things, the alleged false descriptions included purported damage to a nonexistent central air conditioning unit and misstated a facility’s square footage.
“Federal disaster funds are an instrumental component in the effort to assist disaster victims with their recovery,” said the U.S. Attorney’s Office for the Eastern District of Louisiana. “The favorable resolution of this False Claims Act matter illustrates the collaborative efforts and firm commitment by our federal partners to use all available remedies to address signs of fraud, waste and abuse.”
“Funds fraudulently obtained from FEMA deprive deserving recipients and communities truly in need,” said Inspector General Dr. Joseph V. Cuffari for Department of Homeland Security Office of Inspector General (DHS OIG). “We appreciate the support of our law enforcement partners, and this outcome is another example of the continuing successful partnership between the Department of Homeland Security Office of Inspector General, the Department of Justice’s Civil Litigation Branch in Washington, DC and the Eastern District of Louisiana’s U.S. Attorney’s Office.”
The settlement resolved allegations originally filed in a lawsuit brought under the qui tam or whistleblower provisions of the False Claims Act by Robert Romero, an AECOM Project Specialist. The False Claims Act permits private parties to file suit on behalf of the United States for false claims and to share in any recovery. The False Claims Act also permits the United States to intervene in such an action, as it did in this case, in part, against AECOM, the Archdiocese of New Orleans, and other disaster relief applicants in June 2020. One of those applicants, Xavier University of Louisiana, previously agreed to pay the United States $12 million to resolve its alleged role in the submission of false and misleading repair estimates prepared on its behalf by AECOM. The lawsuit against AECOM and another disaster relief applicant remains ongoing. As part of its settlement, the Archdiocese of New Orleans agreed to cooperate in the litigation.
The whistleblower lawsuit is captioned United States ex rel. Robert Romero v. AECOM, Inc., et al., No. 16-cv-15092 (E.D. La.). As part of the settlement with the Archdiocese of New Orleans, Mr. Romero received approximately $199,500.
The False Claims Act lawsuit is being handled by the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana, with assistance from FEMA’s Office of Chief Counsel. Investigative support is being provided by DHS OIG, through its Major Fraud and Corruption Unit and New Orleans Resident Office.
The claims alleged in the lawsuit, including those resolved by the Archdiocese of New Orleans, are allegations only, and there has been no determination of liability.
Acting United States Attorney Nicholas Ganjei Announces Intent to Step Down from Eastern District of Texas LeadershipRead the Press Release
BEAUMONT, Texas – Acting United States Attorney for the Eastern District of Texas Nicholas J. Ganjei announced today that he will be stepping down from the role of Acting United States Attorney effective November 16th.
“The opportunity to serve the American people as Acting United States Attorney was both an awesome responsibility and a tremendous privilege,” said Mr. Ganjei. “I was incredibly fortunate to have such a skilled team of prosecutors and staff by my side, and I could not have asked for more dedicated and professional law enforcement partners. I am tremendously proud of the work we have done and all that we have accomplished. Together, we made a real difference in the lives of the people of East Texas.”
Mr. Ganjei was named the Acting United States Attorney on January 20, 2021, after previously having served as the district’s First Assistant United States Attorney. As Acting United States Attorney, Mr. Ganjei served as the chief federal law enforcement officer for the district, which includes 43 counties, more than four million people, and stretches across 35,000 square miles from the Oklahoma border to the Gulf of Mexico. Mr. Ganjei oversaw a staff of approximately 120 prosecutors, civil litigators, and support personnel across six division offices and was responsible for all federal criminal prosecutions and civil litigation in the district involving the United States. Under his leadership, the Eastern District of Texas advanced a number of Justice Department priorities, from violent crime and cybersecurity to corporate fraud and False Claims Act enforcement. Mr. Ganjei was the first person of color to serve as the United States Attorney (acting or otherwise) in the Eastern District’s 164-year history.
During his tenure, Mr. Ganjei prioritized the prosecution of large-scale drug trafficking organizations, particularly international drug cartels, and oversaw one of the most prolific extradition practices in the nation. Mr. Ganjei’s team successfully extradited, convicted, and obtained a life sentence against a high-ranking member of the Los Zetas cartel who participated in the massacre of an entire Mexican village in 2011; obtained a life sentence against a Guatemalan drug lord who supplied cocaine to cartels and guerilla fighters in Central and South America; and successfully prosecuted an international soccer star for his coordination of bulk drug shipments between Colombia and the United States.
Mr. Ganjei also prioritized the investigation and prosecution of complex frauds and white collar crime and increased the office’s staffing and resources devoted to such cases. Under Mr. Ganjei’s leadership, the Eastern District of Texas obtained a 408-month sentence in a multi-million dollar fraud and money laundering scheme that victimized senior citizens and charities; obtained convictions against multiple individuals in connection with a kickback conspiracy related to genetic testing; obtained a sentence of 84 months for a doctor engaged in health care fraud; successfully prosecuted an engineer who fraudulently sought $13 million in Paycheck Protection Program (PPP) loans; secured a 97-month sentence against a defendant who defrauded an elderly East Texas victim of $4.8 million; successfully prosecuted a wedding planner for fraudulently obtaining more than $3.3 million in PPP loans, and investigated and indicted two defendants for the alleged fraudulent filing of hundreds of Economic Injury Disaster Loan (EIDL) applications.
Mr. Ganjei’s team also obtained bribery convictions against a former Richardson, Texas mayor and her land developer husband; disrupted and prosecuted an enormous international black market operation alleged to have trafficked over $100 million in stolen merchandise; convicted a Texas lawyer who swindled his Colombian drug trafficking clients by claiming he had successfully bribed judges and prosecutors; disrupted and prosecuted an alleged multi-scheme fraud conspiracy charged with stealing $17 million through romance scams and business email compromise; successfully prosecuted a Honduran national who solicited the murder-for-hire of family members; obtained a 30-year sentence against a North Texas pastor for the sexual exploitation of children; and obtained RICO convictions against numerous members of a violent white supremacist prison gang.
On the civil side, the Eastern District of Texas recovered more than $44 million for the American taxpayer through Affirmative Civil Enforcement resolutions. In 2021, the Eastern District of Texas concluded four investigations into individual providers, totaling nearly $1 million, relating to the providers’ improper billing for implantable neurostimulators. Additionally, the Eastern District of Texas obtained resolutions in excess of $500,000 with four individual providers as part of its ongoing investigation into payment of kickbacks to induce referrals of advanced cardiac lab tests.
A hallmark of Mr. Ganjei’s time as Acting United States Attorney was the leveraging of agency and law enforcement partnerships. EDTX teamed with the Special Inspector General for Pandemic Recovery as well as the Department of Justice’s Health Care Fraud Strike Force, Civil Frauds Section, Consumer Protection Section, Antitrust Division, and Civil Rights Division, among others, to combat novel criminal and civil legal challenges.
Prior to serving as Acting United States Attorney, Mr. Ganjei was a career prosecutor who handled all manner of federal crimes, having joined the Department of Justice in 2008. Most recently, Mr. Ganjei investigated and prosecuted fraud, public corruption, and other complex white collar matters. Mr. Ganjei also prosecuted organized crime, narcotics, and human trafficking cases. Before joining the Department, Mr. Ganjei clerked for the Honorable Richard Allen Griffin of the Sixth Circuit Court of Appeals and the Honorable Ralph R. Erickson of the Eighth Circuit Court of Appeals (previously of the United States District Court for the District of North Dakota). Mr. Ganjei has additionally taught on the subjects of civil, criminal, and constitutional law, at both the collegiate and law school level.
Leadership responsibilities will be handed off to Brit Featherston, who presently serves as the district’s Executive Assistant United States Attorney.
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12 November 2021
Yankton Woman Sentenced to Federal Prison for RobberyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Yankton, South Dakota, woman convicted of Interference with Commerce by Robbery was sentenced on November 5, 2021, by U.S. District Judge Jeffrey L. Viken.
Tristan Hall, age 25, was sentenced to three years in federal prison, followed by two years of supervised release. Hall was also ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The conviction stems from Hall driving a getaway car for two males while they robbed the Quality Inn and Big D at gunpoint in Rapid City, South Dakota, in January 2020.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
Hall was immediately turned over to the custody of the U.S. Marshals Service.
White River Man Indicted for ArsonRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a White River, South Dakota, man has been indicted by a federal grand jury for Arson.
Gabriel Roubideaux, age 34, was indicted on June 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on November 5, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $250,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 16, 2021, in Mellette County, South Dakota, Roubideaux willfully and maliciously set fire to and burned a residence and an outbuilding.
The charges are merely accusations and Roubideaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Roubideaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Veterans Affairs Hospital Employee Sentenced to Jail Time After Assaulting OfficersRead the Press Release
Memphis, TN – Tiffany Lewis, 39, a former employee of the Veteran’s Affairs Medical Center in Memphis, has been sentenced to 10 months in federal prison for assaulting two VA Police Officers. Acting U.S. Attorney Joseph C. Murphy, Jr., announced the sentence today.
According to information presented in Court, on November 20, 2020, officers of VA Police Services responded to the scene of a disturbance on VA property. Officers observed employee Tiffany Lewis striking another individual. VA police attempted to detain Lewis, but she resisted arrest and struck the arresting officer. After being escorted to a police holding room on VA property, Lewis assaulted another officer by punching the officer in the face.
On August 2, 2021, Lewis pled guilty to two counts of assaulting federal officers.
On November 5, 2021, U.S. Senior District Judge Jon P. McCalla sentenced Lewis to 10 months imprisonment to be followed by one year of supervised release. There is no parole in the federal system.
Kim Lampkins, Special Agent in Charge of the VA Office of Inspector General’s Mid-Atlantic Field Office stated, "This sentence demonstrates the VA Office of Inspector General’s commitment to ensuring of a safe work environment for all VA employees. We will continue to work jointly with the VA Police Service to investigate and prosecute anyone who threatens or assaults VA employees."
This case was investigated by Veterans Affairs Police Services and the Veterans Affairs Office of Inspector General.
Assistant U.S. Attorney Scott Smith prosecuted this case on behalf of the government.
Utah Man Charged with Murder-for-Hire SchemeRead the Press Release
ALBANY, NEW YORK – Christopher Pence, age 41, of Cedar City, Utah, was indicted last week for using the Internet to solicit and pay for the murders of two individuals in Rensselaer County.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
According to the indictment and a previously filed criminal complaint, between July 16 and August 9, 2021, Pence used a computer at his residence in Utah to connect to a darknet website that offered the services of “hitmen,” and paid approximately $16,000 in Bitcoin for the murder of two individuals residing in Rensselaer County. The intended victims were not harmed.
The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Pence carries a maximum sentence of 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Pence was arrested in Utah on October 27. A magistrate judge in Utah ordered him detained and transferred in custody to the Northern District of New York. His arraignment in Albany federal court will take place at a later date.
This case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
Tioga County Man Charged with Supplemental Security Income Fraud and Aggravated Identity TheftRead the Press Release
SYRACUSE, NEW YORK – An individual indicted under the name John Doe, age unknown, of Owego, New York, was arrested on Wednesday on charges of Supplemental Security Income (SSI) fraud and aggravated identity theft. The charges relate to Doe’s use of the name, Social Security number, and date of birth of another person to apply for and obtain SSI benefits to which he was not entitled, beginning in 1999 and continuing through the present. Doe’s true identity has yet to be confirmed.
The announcement was made by United States Attorney Carla B. Freedman and John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office.
Doe was arraigned on the indictment in United States District Court in Syracuse, New York and was ordered detained pending trial to be scheduled at a later date.
If convicted of SSI fraud, Doe faces a maximum term of imprisonment of five years, a fine of up to $250,000, and a term of supervised of up to three years. If convicted of aggravated identity theft, Doe faces a mandatory minimum sentence of two years in federal prison. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the Social Security Administration Office of the Inspector General, the Tioga County Sheriff’s Office, and the Tioga County Department of Social Services and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Texas Woman Charged for Assault on Flight AttendantRead the Press Release
SAN FRANCISCO – Debby Dutton appeared today in federal court in Houston, Texas, to face the charge filed in San Francisco federal court of interference with an aircraft flight by assault upon a flight attendant, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. Today’s hearing in Houston federal court initiates the first steps in a procedure to obtain an order directing Dutton to appear to face the charge against her in San Francisco federal court.
According to the complaint, Dutton, 50, of Cypress, Texas, was a passenger onboard a United Airline flight from Alaska to San Francisco International Airport (SFO) on June 29, 2021. Early in the flight, flight attendants broadcasted several safety announcements over the plane’s intercom. The broadcasts included multiple announcements about the federal mask mandate on commercial flights. The broadcasts announced that passengers must wear their masks at all times and further advised the passengers that their masks will likely fall off and, if while asleep, a flight attendant will wake them up to put their masks back on, which may upset them.
The complaint affidavit describes that approximately three and a half hours into the four and a half hour flight, a flight attendant walked down the aisle to collect trash and check passengers for face mask compliance. The flight attendant noticed several passengers without face masks and asked them to put their face masks back on. One passenger was asleep, and his face mask had fallen from his face. According to the complaint, the flight attendant used two fingers to tap that passenger on the shoulder and asked him to put his face mask back on. The passenger complied.
Dutton was the wife of that passenger and was sitting next to him. As the flight attendant continued down the aisle, the complaint affidavit describes that Dutton got up from her seat and angrily shouted at the flight attendant. The flight attendant tried to explain that the passenger had not been wearing his face mask, but Dutton continued to scream and walked towards the flight attendant.
The complaint affidavit describes that Dutton pushed the flight attendant. The force of the push on the flight attendant’s right arm caused the attendant to step back to maintain balance. Dutton pushed the flight attendant again, once more on the flight attendant’s right arm. The flight attendant told Dutton to stop. The passenger asked his wife Dutton to return to her seat, which Dutton eventually did. The flight attendant immediately reported the incident to the captain.
The flight attendant, as described in the complaint, was caught off guard and felt threatened and afraid. The flight attendant further described the assault as painful and forceful. The pushes left bruising on the flight attendant’s right bicep. The flight attendant sought medical attention after the flight.
Law enforcement officers subsequently interviewed multiple passengers who either saw or heard part of the incident.
Dutton initially appeared on the federal complaint today before a United States Magistrate in Houston, Texas. Dutton’s next appearance is scheduled for Tuesday, November 16, in Houston federal court. Dutton is out of custody.
Dutton has been charged with one count of interference by assault, threat, or intimidation with flight crew members or attendants, in violation of Title 49, United States Code, Section 46504. The charge carries a maximum possible sentence of 20 years in prison and a fine. Any sentence following conviction, however, is imposed by a court only after the court’s consideration of the United States Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 USC § 3553.
Charges contained in a criminal complaint are mere allegations. As in any criminal case, the defendants are presumed innocent unless and until proven guilty in a court of law.
The case is being prosecuted by the General Crimes Section of the U.S. Attorney’s Office for the Northern District of California. The prosecution is the result of an investigation by the FBI, with thanks to the San Francisco Police Department, the San Mateo County Sheriff's Office, United Airlines, and the San Francisco International Airport for their cooperation.
Texas Man Pleads Guilty to Federal Meth Possession in IowaRead the Press Release
A man who possessed with intent to distribute methamphetamine pled guilty November 3, 2021, in federal court in Sioux City.
Arturo Flores, 23, from Eagle Pass, Texas, was convicted of possession with intent to distribute methamphetamine.
At the plea hearing, evidence showed that on June 16, 2021, in Sioux City, Iowa, law enforcement conducted a traffic stop on the vehicle Flores was driving. Flores had no identification, but did have a female passenger, her baby, and an 11-year old in the car with him. After a K-9 (drug dog) alerted on the vehicle, law enforcement located and seized over 4 pounds of methamphetamine, wrapped in duct tape, inside a drink cooler on the floor in front of the front passenger’s seat, over $2,000 cash in the passenger’s purse, and a small rock of methamphetamine found in the driver’s side door pocket. Flores admitted that he had acquired the methamphetamine in South Texas and was bringing it to Iowa for further distribution.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Flores remains in custody of the United States Marshal pending sentencing. Flores faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and at least five years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4061. Follow us on Twitter @USAO_NDIA.