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Tuesday 21 September 2021
Sheep Springs Man Sentenced to 15 years in federal prison for murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Garrett Neal, 28, of Sheep Springs, New Mexico, and an enrolled member of the Navajo Nation, was sentenced in federal court on Sept. 16 to 15 years in prison on a conviction for second-degree murder in Indian Country.
Neal pleaded guilty on Oct. 29, 2020. According to the plea agreement, Neal and an accomplice engaged in a fight with a man in Sheep Springs, on the Navajo Nation. During the fight, Neal punched and kicked the man while he was on the ground and hit him with brass knuckles and rocks in his head and throat, causing him to sustain fatal injuries. Neal admitted that he was aware the victim was trying to breathe, had that he had attempted to run away and did not fight back. The victim died at the scene as a result of the beating.
Upon his release from prison, Neal will be subject to five years of supervised release.
The FBI investigated this case with assistance from the Navajo Nation Division of Public Safety. Assistant United States Attorney Novaline D. Wilson prosecuted the case.
Savannah drug dealer sentenced to federal prisonRead the Press Release
SAVANNAH, GA: A Chatham County man with a violent history has been sentenced to federal prison after admitting he distributed cocaine and marijuana.
Okemi Mon Lawton, 45, of Savannah, was sentenced to 90 months in prison after pleading guilty to Possession with Intent to Distribute Cocaine and Marijuana, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. Lawton forfeited $19,640.31 seized during the investigation, and U.S. District Court Judge Lisa Godbey Wood also ordered Lawton to serve three years of supervised release after completion of his prison term. There is no parole in the federal system.
“Okemi Lawton is a prime example of a violent, unrepentant criminal whose removal from our streets automatically makes our communities safer,” said Acting U.S. Attorney Estes. “We will continue to work closely with our law enforcement partners to ensure such gun-toting drug dealers have no place in our neighborhoods.”
As described in court documents and testimony, Lawton was on supervised release following a prison sentence for a federal firearms charge in August 2018 when the Chatham-Savannah Counter Narcotics Team began investigating suspected drug distribution from Lawton’s Savannah residence. With assistance from the FBI, agents documented Lawton’s sale of cocaine, and a subsequent search of the residence discovered drugs, drug manufacturing and packaging materials, nearly $20,000 in cash, and a semi-automatic pistol.
In addition to his prior felony conviction for illegal gun possession, Lawton previously served time in state prison for a manslaughter conviction and for cocaine distribution.
“Some criminals never learn from their arrests no matter how many times they are punished for them, and Lawton is certainly one of them,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Together with our state and local law enforcement partners, the FBI is determined to make our streets safer by removing violent felons like him and making them pay the price with long prison terms.”
The case was investigated by CNT and the FBI, and prosecuted for the United States by Assistant U.S. Attorneys Frank M. Pennington II and Noah J. Abrams.
Repeat offender pleads guilty to drug, gun, and child pornography crimesRead the Press Release
Seattle – A 29-year-old Seattle-area resident pleaded guilty today to four federal felonies that carry a mandatory minimum 10-year prison term, announced Acting U.S. Attorney Tessa M. Gorman. Steve Godina Ochoa was arrested in February 2020, after a 13-year-old runaway disclosed to counselors that Godina Ochoa repeatedly sexually assaulted her. When sentenced by U.S. District Judge John C. Coughenour on January 11, 2022. Godina Ochoa faces a mandatory minimum term of ten years in prison and up to life in prison.
According to the plea agreement, in November 2019, the Bellevue Police Department Sexual Assault Unit began investigating Godina Ochoa after disclosures from a young victim. When Godina Ochoa and his vehicles were located, law enforcement seized quantities of methamphetamine and heroin and three firearms. Two of the firearms had been reported stolen – one from Federal Way and the other from Snohomish County. Godina Ochoa had more than $4,500 cash in the car – the proceeds from his drug dealing. Godina Ochoa was prohibited from possessing firearms due to prior convictions for arson and unlawful possession of a firearm.
When law enforcement seized and analyzed Godina Ochoa’s electronic devices they found images of the sexual assault on the young victim. The images constitute child pornography.
Godina Ochoa faces up to 20 years in prison for possession of child pornography. Possession of methamphetamine with intent to distribute is punishable by a mandatory minimum 5 years in prison and up to 40 years in prison. Possession of a firearm in furtherance of a drug trafficking crime is punishable by a mandatory 5-year prison term consecutive to any other sentence imposed in the case. Unlawful possession of a firearm is punishable by up to 10 years in prison.
Under the terms of the plea agreement, both prosecutors and defense attorneys will recommend the mandatory minimum 10-year prison term. Judge Coughenour will determine the appropriate sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the Bellevue Police Department and the FBI.
The case is being prosecuted by Assistant United States Attorney Cecelia Gregson.
Registered sex offender sentenced to 11 years in prison for attempted sexual enticement of 13 year-old and possession of child pornographyRead the Press Release
HONOLULU – Senior District Judge Susan Oki Mollway sentenced Neal Both-Magnisi, 39, of Honolulu, Hawaii, to 11 years in prison, to be followed by five years of supervised release, for attempting to entice a 13 year-old minor to engage in unlawful sexual activity, and for possessing child pornography today in United States District Court. He will also pay $6,000 in restitution to two identified victims and a $10,000 special assessment pursuant to the Justice for Victims of Trafficking Act of 2015.
Acting U.S. Attorney Judith A. Philips stated that, according to court documents and information presented in court, Both-Magnisi, a registered sex offender, created a profile on a mobile device application designed for dating. On March 19, 2019, Both-Magnisi used the application to communicate with a user whose profile featured a photograph of a 13 year-old boy, which stated that he was “Younger than you think.” Between March 19 and March 24, 2019, Both-Magnisi engaged in numerous text message and online chat communications with the other user, who represented to Both-Magnisi that he was 13 years old, but who was actually an undercover law enforcement agent. On March 24, 2019, Both-Magnisi arranged to meet the boy in person at a shopping center in Kapolei, Hawaii to engage in sexual activity. Both-Magnisi then traveled to the agreed-upon location and was arrested.
Information provided to the court also reflected that law enforcement agents conducted a search of Both-Magnisi’s home. There, the agents discovered and seized a laptop computer, on which they discovered 93 video files and 224 images of child pornography, some of which appeared to feature children as young as eight years old.
“This prosecution is the successful result of a coordinated effort by several federal and state agencies to fight the threat of child predators using mobile device applications and social media to prey upon children in Hawaii,” stated Acting U.S. Attorney Philips. “We are making concerted efforts to protect children, among the most vulnerable members of our community, from predators employing various forms of electronic media.”
“Protecting our keiki is one of our top priorities at Homeland Security Investigations in Honolulu,” said Special Agent in Charge John F. Tobon. “I hope this sentence sends a very clear message to everyone in the community that we will track down predators to keep our children safe.”
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 U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
The case was investigated by Homeland Security Investigations (HSI) and the Hawaii Internet Crimes Against Children Task Force (ICAC) and prosecuted by Assistant U.S. Attorney Gregg Paris Yates.
Presque Isle Man Sentenced on Federal Drug ChargesRead the Press Release
BANGOR, Maine— A Presque Isle man was sentenced today in federal court in two separate cases for conspiring to distribute and possess with intent to distribute methamphetamine, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge Lance E. Walker sentenced Tyler Neece, 29, to 165 months in prison and a total of five years of supervised release. Neece pleaded guilty in February 2021.
According to court records, between approximately January 2017 and August 2018, Neece and his co-conspirators obtained methamphetamine from an out-of-state source and distributed the drugs in northern Maine.
Also according to court records, between approximately July 2018 and May 2019, members of a separate conspiracy obtained methamphetamine in western and southern states from sources in Mexico. Neece and his co-conspirators distributed the drugs in Aroostook County and other parts of central and northern Maine.
The U.S. Drug Enforcement Administration; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Maine Drug Enforcement Agency investigated these cases with the assistance of multiple state and local law enforcement agencies.
These prosecutions are part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Pocatello Man Sentenced to 25 Years for Sexual Exploitation of a ChildRead the Press Release
POCATELLO – Andrew John Jemmett, 21, of Pocatello, was sentenced to 25 years in federal prison for producing child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Senior U.S. District Judge B. Lynn Winmill also ordered Jemmett to serve the remainder of his life on supervised release, following his prison sentence. Jemmett pleaded guilty to the charge on November 4, 2020.
According to court records, in January 2020, law enforcement in Las Vegas, Nevada, arrested Jemmett for possession of child pornography. The arrest stemmed from Jemmett’s significant other finding child pornography on Jemmett’s phone.
A later investigation found that Jemmett produced that child pornography with an eight-year-old minor child. Jemmett sold the videos he created online on at least one occasion. Jemmett produced the videos in a public restroom in Pocatello. Jemmett admitted to producing the videos and sending them to another individual for money.
As a result of his conviction, Jemmett will be required to register as a sex offender.
Acting U.S. Attorney Gonzalez credited the cooperative efforts of Homeland Security Investigations in Idaho Falls, the Internet Crimes Against Children (ICAC) Task Force, Las Vegas Metropolitan Police Department, and Pocatello Police Department, which led to charges.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Pittsburgh Man Sentenced in West End Drug CaseRead the Press Release
PITTSBURGH - A resident of Pittsburgh, PA, has been sentenced in federal court to time served with five years of supervised release on his conviction of conspiracy to distribute crack cocaine, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Balon Kennedy, age 28, Pittsburgh, PA.
According to information presented to the court, in 2017, the Federal Bureau of Investigation and the Drug Enforcement Administration initiated a wiretap investigation, primarily targeting the GBK street gang and drug trafficking in and around an area known as the Greenway Projects, located in the West End of the City of Pittsburgh. The wiretap investigation revealed that from in and around November 2017 through in and around June 2018, Balon Kennedy conspired to distribute over 28 grams of crack cocaine.
Prior to imposing sentence, Senior Judge Schwab stated that the sentence was sufficient but not greater than necessary to achieve the goals of sentencing.
Assistant United States Attorneys Tonya Sulia Goodman and Yvonne M. Saadi prosecuted this case on behalf of the government.
Acting U.S. Attorney Kaufman commended the Federal Bureau of Investigation and the Drug Enforcement Administration jointly with the Pittsburgh Bureau of Police, Allegheny County Sheriff’s Office, Pennsylvania State Police, Robinson Township Police Department, Stowe Township Police Department, Pennsylvania Attorney General’s Office, Wilkinsburg Borough Police Department, and the McKees Rocks Police Department, for the investigation leading to the successful prosecution of Kennedy.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Pittsburgh Man Indicted on Fentanyl and Cocaine Possession ChargeRead the Press Release
PITTSBURGH, PA - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of possession with the intent to distribute quantities of fentanyl and cocaine, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Edwin Williams, age 31, of Laketon Road in Pittsburgh, Pennsylvania, as the sole defendant.
According to the Indictment, Williams possessed with intent to distribute quantities of fentanyl and cocaine on or about March 25, 2021.
The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Yvonne M. Saadi is prosecuting this case on behalf of the government.
The Penn Hills Police Department and the Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Peruvian National Sentenced to over 9 Years in Prison for Defrauding Thousands of Spanish-Speaking U.S. ImmigrantsRead the Press Release
A Peruvian national was sentenced to serve 110 months in prison for operating a series of call centers in Peru that defrauded Spanish-speaking U.S. residents by falsely threatening them with arrest, deportation and other legal consequences.
Henrry Adrian Milla Campuzano, 37, from Lima, Peru, pleaded guilty for his role in conspiring to commit mail fraud and wire fraud through two Peruvian call centers that he owned and operated. The defendant, along with his co-conspirators, used false statements and threats to obtain money from Spanish-speaking individuals across the United States by falsely telling victims that they were required to accept and pay for English-language courses and other educational products and that failure to do so placed them in legal jeopardy. The defendant and his co-conspirators falsely threatened to have their victims arrested and deported in order to collect millions of dollars from victims in South Florida and across the United States. With today’s sentencing in Miami, five defendants have been sentenced to serve substantial terms of incarceration in this matter.
“The Department of Justice’s Consumer Protection Branch will pursue and prosecute transnational criminals who defraud vulnerable U.S. consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department's Civil Division. “The defendants in this case defrauded immigrants by falsely promising free products to improve their English. In reality, the defendants were luring their victims into a trap of intimidation and fear, leaving them far worse off – with substantial financial losses and, often, emotional scars from these crimes. With today’s sentence, five defendants in this case have been brought to justice, demonstrating that those who prey upon U.S. consumers from abroad cannot do so with impunity.”
“This case demonstrates that the long arm of justice has no limits when it comes to reaching fraudsters who prey on our nation’s most vulnerable populations,” said Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “We will continue to bring American justice to transnational criminals who use fear tactics and intimidation to steal money from immigrants, seniors and others who live in this country.”
“The U.S. Postal Inspection Service constantly strives to protect our communities from predatory criminals seeking to abuse and exploit the most vulnerable members of our society,” said Inspector in Charge Joseph W. Cronin of the U.S. Postal Inspection Service Miami Division. “This particular case is an example of how postal inspectors will vigorously pursue these types of crime and ensure that the perpetrators will be brought to justice to pay for the crimes they have committed.”
In pleading guilty, Milla admitted that he and his employees falsely claimed to be lawyers, court officials, federal agents and representatives of a so-called “minor crimes court,” which does not exist. The callers falsely threatened victims with court proceedings, negative marks on their credit reports, imprisonment and immigration consequences if they did not immediately pay for the purportedly delivered products and settlement fees.
Milla was the co-owner of the Latinos en Accion and Accion Latino call centers in Lima, Peru. From April 2011 until his arrest in July 2019, he and his co-conspirators called victims, as well as victims’ family members and friends, and fraudulently threatened them with legal consequences if they did not make payments for the purportedly delivered products and settlement fees for English language classes.
Milla was arrested in January 2020 by Peruvian authorities based on a U.S. extradition request. He and four co-defendants were extradited to the Southern District of Florida in October 2020. Those five defendants have now all pleaded guilty and received significant prison sentences from U.S. District Judge Robert N. Scola Jr. In addition to Milla, Jerson Renteria was sentenced to 100 months in prison, and Fernan Huerta, Omar Cuzcano and Evelyng Milla were each sentenced to serve 90 months in prison.
Two additional defendants in the case – Carlos Espinoza Huerta and Josmell Espinoza Huerta – evaded arrest at the time of their co-defendants’ arrests. They were subsequently located in Peru and extradited to the United States on June 25, and are being detained at the Federal Detention Center in Miami. Their trial is scheduled to begin on Feb. 14, 2022, before Judge Scola.
The U.S. Postal Inspection Service and the Civil Division’s Consumer Protection Branch investigated the case. Senior Trial Attorney Phil Toomajian and Trial Attorney Max Goldman of the Consumer Protection Branch are prosecuting the case. The Federal Trade Commission, the Justice Department’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, the State Department’s Diplomatic Security Service and the Peruvian National Police provided critical assistance.
The Consumer Protection Branch coordinates the Department’s Transnational Elder Fraud Strike Force, working with United States Attorney’s Offices and law enforcement agencies to investigate and prosecute scams run by transnational criminal organizations, including mass mailing, telemarketing and tech support scams. For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Note: A Spanish version of this press release is available here.
Pennsylvania Man Sentenced to Six Years in Federal Prison for Selling Methamphetamine in Cecil County, MarylandRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Nakir Ali Kiett, age 25, of Philadelphia, Pennsylvania, to six years in federal prison, followed by five years of supervised release, for possession with intent to distribute approximately 211 grams of methamphetamine in Cecil County, Maryland.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; and the members of Cecil County Drug Task Force, including Chief Carolyn Rogers of the Elkton Police Department, Cecil County Sheriff Scott Adams, Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police, and Cecil County State’s Attorney James Dellmyer.
According to his plea agreement, in the fall of 2019, Cecil County Drug Task Force officers received information that an individual known as “Omar” was selling methamphetamine in Cecil County, Maryland. “Omar” was later identified as Kiett.
In August 2019, a confidential informant introduced an undercover officer to Kiett. Between August 28 and September 30, 2019, the undercover officer then arranged and conducted five separate controlled purchases of methamphetamine from Kiett, totaling approximately 150 grams of methamphetamine.
As stated in the plea agreement, on October 9, 2019, investigators obtained a search warrant for Kiett’s vehicle. On October 10, 2019 investigators arranged for a controlled purchase of methamphetamine from Kiett. When Kiett arrived at the agreed-upon meeting location, investigators detained him and searched Kiett and his vehicle pursuant to the search warrant. During the search of the vehicle, investigators recovered approximately 61 grams of methamphetamine located in a space behind the vehicle’s radio.
In total, investigators purchased or seized approximately 211 grams of methamphetamine from Kiett between August 2019 and October 2019. Kiett agrees and admits that he knowingly and intentionally possessed the above-referenced methamphetamine with the intent to distribute it.
Acting United States Attorney Jonathan F. Lenzner commended the Department of Homeland Security and the Cecil County Drug Task Force (CCDTF), comprised of the Elkton Police Department, the Cecil County Sheriff's Office, the Maryland State Police, the Cecil County State's Attorney's Office, for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Anatoly Smolkin who prosecuted the case.
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Oswego Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Richard Alvarado, age 27, of Oswego, New York, pled guilty today to one count of distribution of child pornography and one count of possession of child pornography.
The announcement was made by Acting United States Attorney Antoinette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police (NYSP) Superintendent Kevin P. Bruen.
Alvarado, who remains detained pending his sentencing scheduled for January 19, 2021 before United States District Judge David N. Hurd in Utica, New York, faces at least 5 years and up to 40 years in prison. The Court will also impose a term of supervised release of between 5 years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Alvarado will also be required to register as a sex offender.
As part of his guilty plea, Alvarado admitted that he actively traded child pornography images and videos using a social media messaging application on his phone, and that on February 29, 2020 he distributed videos of child pornography through the application, including video files depicting sexual conduct with children between 5 and 9 years old. Alvarado further admitted that on June 22, 2020, he knowingly possessed numerous image and video files depicting child pornography on his phone.
This case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI) and Computer Crimes Unit (CCU). The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Northern Michigan Man Arrested in Connection with Pipe Bombs Left at Cell Phone StoresRead the Press Release
BAY CITY – A Whittemore, Michigan, resident was arrested today in two separate criminal complaints related to the placement of explosive packages outside cellphone stores in Cheboygan, and Sault Ste Marie, Michigan, announced Eastern District of Michigan Acting United States Attorney Saima Mohsin and Western District of Michigan United States Attorney Andrew Birge. Whittemore and Cheboygan are in the Eastern District and Sault Ste. Marie is in the Western District.
Mohsin and Birge were joined in the announcement by Special Agent in Charge Timothy Waters, Federal Bureau of Investigation, Detroit Division.
Charged was John Douglas Allen, 75.
According to the affidavit, on September 15, 2021, at approximately 7:36 pm, a United States Postal Service (USPS) box with black tape on it and a wire coming out of it was placed outside of an AT&T Store, located at 2972 W 8th Street, Sault Ste. Marie, Michigan. Later that evening at approximately 10:10 pm, another USPS box with black tape on it and a wire coming out of it was placed outside of the Verizon Store, located at 1006 S Main Street Plaza 27, Suite 3, Cheboygan, Michigan. The two devices recovered were examined by the FBI laboratory Explosive Unit, which concluded that the two devices were improvised explosive devices (IEDs), also commonly referred to as homemade bombs or pipe bombs. Based on video footage taken from the cell phone stores and other nearby businesses, as well as an exhaustive investigation by law enforcement, agents were able to determine that Allen was the person who allegedly left the packages outside of the stores.
The affidavit further alleges that letters, placed inside polka dot envelops and sealed in zip lock bags, were left at cell towers located in the Upper Peninsula. The letters contained threats aimed at telecommunication carriers.
In each district, Allen faces charges of Extortion, which is punishable by up to 20 years in prison, and Attempted Damage or Destruction of Buildings Used in Interstate Commerce, which is punishable by a minimum of five years and not more than 20 years in prison. Allen will be making an initial appearance this afternoon in Bay City on the complaint pending in the Eastern District of Michigan. A date has not yet been set for his appearance in the Western District of Michigan to answer those charges.
The charges in a complaint are merely allegations. A defendant remains innocent unless and until proven guilty in a court of law. The investigation is continuing.
This case is being investigated by special agents, intelligence analysts, troopers, deputies, and officers from the FBI, Michigan State Police, Cheboygan County Sheriff's Office, Cheboygan Police Department, Sault Ste. Marie Police Department, Sault Ste. Marie Tribal Police, the US Coast Guard Investigative Service, US Border Patrol and ATF.
Assistant U.S. Attorneys J. Michael Buckley, Jerome Gorgon, Christopher O’Connor and Theodore Greeley are prosecuting the case in their respective districts.
Northern Michigan Man Arrested in Connection with Pipe Bombs Left at Cell Phone StoresRead the Press Release
BAY CITY – A Whittemore, Michigan, resident was arrested today in two separate criminal complaints related to the placement of explosive packages outside cellphone stores in Cheboygan and Sault Ste Marie, Michigan, announced Eastern District of Michigan Acting United States Attorney Saima Mohsin and Western District of Michigan United States Attorney Andrew Birge. Whittemore and Cheboygan are in the Eastern District and Sault Ste. Marie is in the Western District.
Mohsin and Birge were joined in the announcement by Special Agent in Charge Timothy Waters, Federal Bureau of Investigation, Detroit Division.
Charged was John Douglas Allen, 75.
According to the affidavit, on September 15, 2021, at approximately 7:36 pm, a United States Postal Service (USPS) box with black tape on it and a wire coming out of it was placed outside of an AT&T Store, located at 2972 W 8th Street, Sault Ste. Marie, Michigan. Later that evening at approximately 10:10 pm, another USPS box with black tape on it and a wire coming out of it was placed outside of the Verizon Store, located at 1006 S Main Street Plaza 27, Suite 3, Cheboygan, Michigan. The two devices recovered were examined by the FBI laboratory Explosive Unit, which concluded that the two devices were improvised explosive devices (IEDs), also commonly referred to as homemade bombs or pipe bombs. Based on video footage taken from the cell phone stores and other nearby businesses, as well as an exhaustive investigation by law enforcement, agents were able to determine that Allen was the person who allegedly left the packages outside of the stores.
The affidavit further alleges that letters, placed inside polka dot envelops and sealed in zip lock bags, were left at cell towers located in the Upper Peninsula. The letters contained threats aimed at telecommunication carriers.
In each district, Allen faces charges of Extortion, which is punishable by up to 20 years in prison, and Attempted Damage or Destruction of Buildings Used in Interstate Commerce, which is punishable by a minimum of five years and not more than 20 years in prison. Allen will be making an initial appearance this afternoon in Bay City on the complaint pending in the Eastern District of Michigan. A date has not yet been set for his appearance in the Western District of Michigan to answer those charges.
The charges in a complaint are merely allegations. A defendant remains innocent unless and until proven guilty in a court of law. The investigation is continuing.
This case is being investigated by special agents, intelligence analysts, troopers, deputies, and officers from the FBI, Michigan State Police, Cheboygan County Sheriff's Office, Cheboygan Police Department, Sault Ste. Marie Police Department, Sault Ste. Marie Tribal Police, the US Coast Guard Investigative Service, US Border Patrol and ATF.
Assistant U.S. Attorneys J. Michael Buckley, Jerome Gorgon, Christopher O’Connor and Theodore Greeley are prosecuting the case in their respective districts.
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New Orleans Resident Pleads Guilty to Laundering More Than $118,00 of Her Partner’s Heroin Proceeds by Buying a House in New Orleans East Where They Lived, Agrees to Forfeit a Mercedes Benz and a Florida Property as Drug ProceedsRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that ANNICE FALKINS, age 35, a resident of New Orleans, Louisiana, pled guilty on August 24, 2021 to laundering more than $118,000 of her partner’s heroin proceeds by purchasing a home in New Orleans East that they then shared. FALKINS is facing up to 10 years’ imprisonment, a possible fine of up to $250,000 and at least three years of supervised release upon her release from prison for violating Title 18, United States Code, Section 1957(a).
FALKINS’ partner, Arthur Johnson, is a heroin dealer. Johnson pled guilty to conspiring to distribute more than 1 kilogram of heroin and agreed to forfeit six pieces of diamond encrusted jewelry, including a Rolex watch, purchased with drug proceeds. According to court records, on April 6, 2016, FALKINS purchased a home in New Orleans, with 14 cashier checks, all for less than $10,000. These 14 cashier checks totaled approximately $118,226.51. FALKINS purchased these cashier checks with funds that she knew Johnson had earned from selling heroin. FALKINS bought these cashier checks and then used them on April 6, 2016, with the intent to advance Johnson’s heroin activities. FALKINS also conduced these transactions – the purchase of the cashier checks and the New Orleans property – in a knowing effort to conceal the nature, location, source, ownership, and control of some of the proceeds of Johnson’s heroin selling activities and to evade reporting requirements under federal and state law.
Pursuant to her guilty plea, FALKINS agreed to forfeit to the United States a 2017 Mercedes Benz and real estate property in Davenport, Florida, which she bought after Johnson was arrested. The Mercedes and the Florida home were purchased with profits from Johnson’s heroin sales.
According to court records, on December 27, 2017, agents intercepted communications between Johnson and Ricky Redd, a Chicago-based drug courier. In these communications, Johnson and Redd discussed a pending delivery of heroin. Redd was driving that day from Chicago to New Orleans to give Johnson a bag containing approximately three kilograms of heroin.
Later that same day, surveillance agents observed Johnson and Redd twice meet at a Holiday Inn Hotel in New Orleans. During the first meeting, Redd gave Johnson a red bag containing approximately three kilograms of heroin. During the second meeting, Johnson gave Redd approximately $187,000. Redd was to earn a small amount of the money that Johnson paid him.
The next day, December 28, 2017, agents conducted a traffic stop of Johnson and FALKINS. Johnson was placed under arrest and agents seized three brick chucks of heroin and eleven bags of heroin, totaling 1.3 kilograms, from FALKINS and Johnson’s home in New Orleans East. Agents also seized from their residence a digital scale, six cell phones, over $11,000 in cash, a money counter, a kilogram press, two sealed GNC Inositol bottles, often used as “cutting agents” to dilute heroin, numerous items of jewelry, including diamond-encrusted necklaces and a diamond-encrusted Rolex watch, and numerous shipping labels with FALKINS’ name and the New Orleans property address on boxes that contained plastic bags, electrical tape, and coffee grinds used to conceal narcotics.
U.S. District Judge Susie Morgan will sentence FALKINS and Johnson on December 1, 2021. U.S. Attorney Evans praised the work of the FBI’s New Orleans Gang Task Force in investigating this matter. Assistant United States Attorneys David Howard Sinkman and Brandon Long are in charge of the prosecution.
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Nevada Man Gets 6½ Years in Prison for Travelling to PA to Engage in Sex with a MinorRead the Press Release
PITTSBURGH - A former resident of North Las Vegas, Nevada, has been sentenced in federal court to 78 months’ imprisonment and 10 years’ supervised release on his conviction of Travel With Intent to Engage in Illicit Sexual Conduct, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Joy Flowers Conti imposed the sentence on Renad Bautista, age 32.
According to information presented to the court, on or about December 5, 2019, until December 9, 2019, Bautista travelled from Las Vegas to Pittsburgh with a motivating purpose of engaging in illicit sexual conduct with a minor whom he had been messaging on social media.
Assistant United States Attorney Heidi M. Grogan prosecuted this case on behalf of the government.
Acting U.S. Attorney Kaufman commended the Federal Bureau of Investigation and the West Mifflin Police Department for the investigation leading to the successful prosecution of Bautista.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Navajo man sentenced to nine years in prison for murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Simeon Atcitty, 38, of Shiprock, New Mexico, was sentenced Sept. 10 in federal court to nine years in prison for second degree murder in Indian Country. Atcitty pleaded guilty on April 8.
According to his plea agreement, on June 19, 2020, Atcitty became angry with the victim, identified on court records as John Doe, and began striking John Doe in the head and chest until he was seriously injured. Atcitty continued to strike the victim until he was no longer moving. Atcitty then wrapped John Doe’s body and left the home. Law enforcement discovered John Doe’s body about a week later. The killing occurred at Atcitty’s home in San Juan County, New Mexico, on the Navajo Nation.
Upon his release from prison, Atcitty will be subject to five years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Nicholas Marshall prosecuted the case.
Monrovia Agrees to Ensure Equal Access for Persons with Disabilities to Its Transportation Services ProgramRead the Press Release
SETTLEMENT AGREEMENTLOS ANGELES – The City of Monrovia has entered into a settlement agreement with the United States to ensure that individuals with disabilities have equal access to its transportation services program, the Department of Justice announced today.
In February 2018, Monrovia launched the GoMonrovia program to restructure its dial-a-ride service, which previously provided rides only to seniors and to individuals with disabilities. GoMonrovia provides reduced-fare Lyft rides available to people traveling within the program’s service area. Individuals with disabilities who needed wheelchair-accessible vehicles could not use Lyft as part of the GoMonrovia program because the ride-sharing company did not provide such vehicles, according to the settlement agreement. Instead, they were required to use transportation services provided by a separate company, Empire Transportation Services, Inc., court documents state.
The Justice Department’s compliance review pursuant to the Americans with Disabilities Act (ADA) found that individuals using reduced-fare Lyft rides could travel 24 hours a day and seven days a week, but individuals with disabilities using Empire Transportation could not travel on nights and certain holidays such as Independence Day and Thanksgiving. Accessible vehicles could not be reserved through a website or by telephone. Individuals needing this service were required to complete paper applications while those who used the Lyft service were not.
The settlement agreement requires Monrovia to take several steps to ensure that its program complies with the ADA. Individuals with disabilities will have equivalent access to the GoMonrovia program, including the abilities to travel at the same time as others. As part of the agreement, Monrovia did not admit that any qualified individual with a disability was excluded from participation in or was denied the benefits of the GoMonrovia program on the basis of a disability.
Assistant United States Attorney Acrivi Coromelas of the Civil Division’s Civil Rights Section handled this matter.
For more information on the ADA or this settlement agreement, please call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD) or access the ADA website at http://www.ada.gov.
Monmouth County Man Admits Falsely Labeling International Shipment of Wildlife as ‘Toys’Read the Press Release
NEWARK, N.J. – A Monmouth County, New Jersey, man today admitted falsely labeling as “Toys” a package containing 10 live rhinoceros iguanas that was destined for Hong Kong, Acting U.S Attorney Rachael A. Honig announced.
Jason Ksepka, 44, of Farmingdale, New Jersey, pleaded guilty before U.S. District Judge Zahid Quraishi in Trenton federal court to an information, charging him with one count of violating the Lacey Act by falsely labeling an international shipment of wildlife.
According to documents filed in this case and statements made in court:
On Nov. 7, 2017, Ksepka shipped a package via U.S. Priority Mail Express from the U.S. Post Office in Lambertville, New Jersey. The package contained 10 live rhinoceros iguanas and was destined for Hong Kong. Defendant Ksepka falsely described the contents of the package as “Toys” and the sender as “Luke Jacobs” on a U.S. Postal Service International Shipping Label and Customs Form that accompanied the package. On Nov. 8, 2017, U.S. Fish and Wildlife Service Inspectors intercepted the package at the mail facility at John F. Kennedy International Airport and recovered the rhinoceros iguanas from inside the package.
Ksepka was paid $500 by an individual to falsely label the package and ship it to Hong Kong. One year prior to the shipment, the same individual had paid Ksepka $500 to ship approximately 10 additional rhinoceros iguanas to Hong Kong.
Ksepka has agreed, as part of his plea agreement, to pay a fine of $1,000 to the U.S. Fish and Wildlife Service Lacey Act Reward Fund.
The charge to which Ksepka pleaded guilty carries with it a maximum penalty of five years’ imprisonment and a fine of $250,000. Sentencing is scheduled for Jan. 25, 2022.
Acting U.S. Attorney Honig credited special agents of the U.S. Fish and Wildlife Service, Office of Law Enforcement, under the direction of Resident Agent in Charge Sean Mann, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the U.S. Attorney’s Office Government Fraud Unit in Newark.
Milwaukee Man Sentenced to Nine Years in Federal Prison for Heroin and Firearm OffensesRead the Press Release
Acting U.S. Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on September 21, 2021, Leroy Spinks (age: 34), of Milwaukee, Wisconsin, was sentenced to a total of nine years in federal prison for possessing with the intent to distribute over 70 grams of heroin and for possessing a firearm in furtherance of his drug crime.
According to court records, Ashwaubenon Public Safety Officers were sent to a local hotel in response to a disturbance within one of the rooms. Officers determined that Leroy Spinks was one of the parties involved and located him in a car leaving the hotel parking lot. Upon searching the driver’s seat area and center console, officers located a large bag containing two separate baggies holding 22.2 and 50.4 grams of heroin as well as a loaded 24-round magazine. Officers located a loaded (10 rounds) black Glock 30 .45 caliber handgun under the drivers’ seat. Additional paraphernalia indicative of drug distribution was found in the car’s trunk. Spinks later entered guilty pleas to two federal offenses related to his conduct.
In pronouncing sentence, Senior U.S. District Judge William C. Griesbach noted the serious nature of Spinks’ offense, his criminal history, and the fact that at the time of the above offenses, Spinks was serving a term of federal supervision following his conviction for being a felon in possession of a firearm. Judge Griesbach also emphasized the need to send a strong message of deterrence to Spinks and anyone else who might attempt to distribute drugs in Northeast Wisconsin. The judge ordered Spinks’ incarceration in federal prison for a term of nine years to be followed by six years of supervised release.
The case was investigated by the Ashwaubenon Public Safety Department, Green Bay Police Department, and Brown County Drug Task Force. It was prosecuted by Assistant United States Attorney William J. Roach.
For Additional Information Contact:
Public Information Officer Kenneth Gales 414-297-1700
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Methamphetamine trafficking sends Missoula man to prison for 15 yearsRead the Press Release
MISSOULA — A Missoula man who admitted dealing large quantities of methamphetamine in the community was sentenced today to 15 years in prison, to be followed by five years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Terry David Starrett, 54, pleaded guilty on May 11 to possession with intent to distribute as charged in a superseding information.
U.S. District Court Judge Donald W. Molloy presided.
The government alleged in court documents that on Jan. 7, law enforcement served a search warrant and recovered more than five pounds of meth from Starrett’s rental property and his vehicle. Five pounds of meth is the equivalent of about 18,120 individual doses. Starrett also sold an undercover informant two ounces of meth in December 2020 and trafficked meth from Washington to Montana once or twice a week. In the fall of 2020, Starrett and another individual traveled to California and returned to Missoula with pounds of meth. Co-defendants Laura Jeanne Haacke and Jennifer Renee Hawkes were sentenced to 54 months and to 63 months in prison respectively for their roles in the offense. A third co-defendant, Jason Dean Hager, has pleaded guilty is pending sentencing.
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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Men Who Fenced Stolen Diamonds Sentenced to 15+ YearsRead the Press Release
Five men who purchased jewelry stolen from traveling diamond salesman have been sentenced to a combined 190 months in federal prison and ordered to pay more than $7 million in restitution, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
The men “fenced” jewels obtained in robberies committed by a so-called “South American Theft and Robbery Group (SATG)” — a violent criminal enterprise that targeted traveling jewelry salesman nationwide.
- Romelio Rivieron, 51, who pled guilty in March 2020 to engaging in a conspiracy to launder money, was sentenced to 32 months in federal prison and ordered to pay $2,321,491.61 in restitution. He has already paid back approximately $230,000 towards victims of his crime.
- Co-conspirators Elkin Acosta Lopez, 46, and Harrinson Corredor, 29, who both pled guilty in 2019 to the same charge as Mr. Riveron, were previously sentenced to 68 months and 63 months, respectively. Mr. Corredor was ordered to pay $1,753,089 in restitution while Mr. Lopez was ordered to pay $1,368,088.68.
- Rubenhay Pinkhasov, 60, who pled guilty to engaging in 2019 to conspiracy to transport stolen goods in interstate commerce, was sentenced to 27 months in federal prison and ordered to pay $1,007,823 in restitution.
- Yuri Alishaev, 49, who conspired with Mr. Pinkhasov, pled guilty to misprision (concealment) of a felony and was sentenced to probation; he has already paid the entirety of the $1,009,689 he owes in restitution.
According to court documents, the men were involved in laundering money for a band of violent jewel thieves, including several who robbed a traveling jewelry salesman at gunpoint before beating him to death in Irving, Texas.
In plea papers, Mr. Lopez admitted that he regularly flew from his hometown in Bogota, Colombia to Texas in order to meet up with the robbers to purchase stolen jewelry. He then traveled to New York City to melt down the jewelry before either arranging for its sale in the United States or returning to Colombia to sell it at his shop. In March 2018, special agents from the FBI Dallas Field Office’s Violent Crime Task Force arrested Mr. Lopez at a New York airport upon his entry into the country after his arrival from Bogota.
Mr. Corredor, a Queens, New York resident who went by the name “Mono,” admitted he connected Mr. Lopez with the robbers and helped broker the sales. On one occasion, he handed one of the robbers a bag of cash in exchange for several stolen Rolex watches. He admitted he knew the jewelry was stolen and took a portion of the illicit proceeds.
Like Mr. Lopez, Mr. Riveron admitted he traveled from his home in Miami, Florida to Texas and other states in order to purchase stolen diamonds from the robbers. Knowing he could turn a profit by reselling the jewelry, he purchased items below market value, making upfront cash down-payments to the robbers and funneling subsequent cash payments through aiders and abettors in Colombia.
Mr. Pinkhasov admitted that he helped move stolen diamonds across state lines, from Texas to Florida and to New York. Pinkhasov admitted to purchasing stolen diamonds and jewelry from Colombian SATG members twice in 2015.
Mr. Alishaev, a prominent jewelry dealer in New York City’s West 47th Street Jewelry and Diamond District, admitted that he agreed to purchase stolen diamonds from Mr. Pinkhasov, who had acquired jewels worth over $1,000,000 from Colombian SATG members.
Mr. Pinkhasov, who owned a jewelry store in Miami, sent the diamonds to Mr. Alishaev. The two men agreed to share the profits if they were fruitful. Shortly after receiving the jewels from Mr. Pinkhasov, Mr. Alishaev sent back $500,000 in cash. However, after the pair learned the FBI was investigating, they agreed to never speak about the matter again.
Between 2016 and 2018, through multiple indictments, the U.S. Attorney’s Office for the Northern District of Texas charged a total of 20 SATG robbers who targeted traveling diamond and jewelry salesmen throughout the United States. All 20 have been convicted and sentenced.
The Federal Bureau of Investigation’s Dallas Field Office, Miami Field Office, and New York Field Office conducted the investigation. Assistant U.S. Attorneys Joe Magliolo and Ryan Raybould (fmr.) prosecuted the case against the fences with help from Assistant U.S. Attorney Keith Robinson, who prosecuted the Hobbs Act robbery case against the jewel thieves.
- Romelio Rivieron, 51, who pled guilty in March 2020 to engaging in a conspiracy to launder money, was sentenced to 32 months in federal prison and ordered to pay $2,321,491.61 in restitution. He has already paid back approximately $230,000 towards victims of his crime.
Martinsburg man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA –Ian Andre Carr, of Martinsburg, West Virginia, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Carr, 49, pleaded guilty today to one count of “Distribution of Fentanyl and Heroin.” Carr admitted to distributing the substances in February 2018 in Berkeley County.
Carr faces up to 20 years of incarceration and fine of up to $1,000,000. 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 Timothy D. Helman is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Marshall County man admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Dalton Kade Riggs, of Cameron, West Virginia, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Riggs, 33, pleaded guilty today to one count of “Distribution of Methamphetamine.” Riggs admitted to distributing methamphetamine in March 2021 in Marshall County.
Riggs faces up to 20 years of incarceration and fine of up to $1,000,000. 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 Clayton J. Reid is prosecuting the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Manchester Man Sentenced to 60 Months for Participating in Drug Trafficking ConspiracyRead the Press Release
CONCORD –Jovan Callaghan, 25, of Manchester, was sentenced on Monday to 60 months in federal prison for conspiracy to distribute fentanyl and crack cocaine, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in the spring of 2020, investigators received information from confidential sources that Chrystal Callaghan and her co-defendant son, Jovan Callaghan, were selling crack cocaine and fentanyl from their residence in Manchester. Law enforcement officers learned that Chrystal Callaghan and another co-conspirator, Melissa Gazaway, would travel to New York to purchase crack cocaine. On three separate occasions, officers conducted lawful traffic stops of their vehicle returning from New York and seized over 300 grams of crack cocaine. In late 2020, confidential sources conducted six controlled purchases of fentanyl and crack cocaine from the three co-defendants.
On December 24, 2020, investigators executed a search warrant at the Manchester residence and seized over one kilogram of fentanyl and a firearm, along with large amounts of cash and drug use and packaging materials.
Chrystal and Jovan Callaghan previously pleaded guilty on March 30, 2021. Chrystal Callaghan was sentenced to 54 months on July 28, 2021. Gazaway pleaded guilty on April 20, 2021 and awaits sentencing.
“Drug traffickers are endangering the safety of our communities,” said Acting U.S. Attorney Farley. “As this case demonstrates, we work closely with our law enforcement partners to identify and prosecute the drug dealers who are seeking to profit from the sales of fentanyl, crack cocaine, and other dangerous drugs. By getting drug dealers off the street of Manchester, we seek to improve the safety and security of the city’s residents.”
“Today’s sentence not only holds Mr. Callaghan accountable for his crimes but serves as a warning to those traffickers who are contributing to the drug crisis in America,” said DEA Special Agent in Charge Brian D. Boyle. “This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office.”
This matter was investigated by the Drug Enforcement Administration, the New Hampshire State Police, the Manchester Police Department, and the Nashua Police Department. The case was prosecuted by Assistant U.S. Attorneys Georgiana L. MacDonald and Jennifer Cole Davis.
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Man Admits Role in Attempted Robbery of New Haven Restaurant Where Employee Was ShotRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, James Ferguson, Special Agent in Charge, ATF Boston Field Division, and Acting New Haven Police Chief Renee Dominguez announced that TYTHRONE FORD, 27, of New Haven, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to a charge stemming from the attempted robbery of a New Haven restaurant, during which an employee was shot, in April 2015.
According to court documents and statements made in court, at approximately 11:00 p.m. on April 11, 2015, Ford and two other men entered the Smokin’ Wings restaurant, located on Congress Avenue in New Haven, and demanded money at gunpoint. One of Ford’s associates subsequently discharged a firearm and shot a female employee in the stomach. Ford and his associates then fled the restaurant. Responding New Haven Police officers subsequently located a .22 caliber revolver in a nearby trash can.
Approximately eight hours prior to the Smokin’ Wings robbery, two of Ford’s associates, armed with handguns, entered Sapiaos Market, located on Lexington Avenue in Bridgeport, and demanded money. During the attempted robbery, the owner of the market, Jose Salgado, was shot and killed. At the time, Ford was waiting in a car outside of the market.
Forensic analysis of the revolver found in the trash can in New Haven, and projectiles collected from the scene of both attempted robberies, revealed that the gun was used in both shootings. DNA collected from the gun revealed that both Ford and one of his associates possessed the gun.
Ford pleaded guilty to one count of attempted interference with commerce by robbery, an offense that carries a maximum term of imprisonment of 20 years. Judge Meyer scheduled sentencing for December 14, 2021.
Ford has been detained since his arrest on December 10, 2019.
This matter stems from a cold case investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the New Haven Police Department, with the assistance of the Connecticut Forensic Science Laboratory. The case is being prosecuted by Assistant U.S. Attorneys Peter D. Markle, Jocelyn C. Kaoutzanis, and Nathaniel J. Gentile through the Justice’s Department’s Project Safe Neighborhoods (PSN) program and Project Longevity,
PSN, the centerpiece of the Department of Justice’s violent crime reduction efforts, 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.
Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
Long Island MS-13 Gang Member Pleads Guilty to 2016 Murder in BrentwoodRead the Press Release
Earlier today, in federal court in Central Islip, Nelson Argueta-Quintanilla, a member of the Sailors Locos Salvatruchas Westside (Sailors) clique of La Mara Salvatrucha, also known as the MS-13, a transnational criminal organization, pleaded guilty to racketeering charges relating to his participation in the murder of Oscar Acosta, the attempted murder of suspected rival gang members and a conspiracy to distribute cocaine and marijuana. The guilty plea was entered before United States Circuit Judge Joseph F. Bianco.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Stuart Cameron, Acting Commissioner, Suffolk County Police Department (SCPD), announced the guilty plea.
“With today’s guilty plea, the defendant, a member of the notorious MS-13, admits to being an active participant in a brutal murder in which the victim was viciously stabbed with a machete after being beaten, bound and thrown in the trunk of a car. In addition, compounding his wanton disregard for human life, the defendant also admits to attempting to murder rival gang members by approaching the outside of a home where they were standing and opening fire on them,” stated Acting U.S. Attorney Kasulis. “This Office and the Long Island Gang Task Force are deeply committed to dismantling the MS-13 and eliminating the threat of their senseless violence from our communities.”
“This guilty plea will ensure that yet another violent member of MS-13, who has no regard for human life, will be imprisoned for his senseless, brutal crimes,” stated SCPD Acting Commissioner Cameron said. “I would like to commend the Long Island Gang Task Force and Eastern District of New York for their unwavering commitment to holding gang members accountable and keeping our residents safe. We will continue to combine resources to rid our communities of gang violence.”
As set forth in prior court filings and the defendant’s statements during his guilty plea, Argueta-Quintanilla and other MS-13 members decided to kill Acosta in 2016 because they suspected that he was associating with the rival 18th Street gang. The Sailors clique leader assigned roles as to which members would take the lead in planning and carrying out the murder. On April 29, 2016, Argueta-Quintanilla and other MS-13 members encountered Acosta in a wooded area near an elementary school in Brentwood where he was lured under the guise of smoking marijuana. Argueta-Quintanilla and the other MS-13 members brutally beat Acosta with tree limbs, knocking him unconscious. Then they tied Acosta’s hands and feet, wrapped an article of clothing around his mouth, to prevent him from making noise and summoned other MS-13 members. The MS-13 members loaded Acosta into the trunk of a car and drove to a more secluded area in Brentwood near an abandoned psychiatric hospital. They took Acosta, who was still alive, out of the car and carried him into the woods where they stabbed and slashed him to death with a machete. The MS-13 members buried Acosta’s body in a shallow grave, which was discovered in September 2016.
In addition, on August 10, 2016, Argueta-Quintanilla and other MS-13 members attempted to kill suspected rival gang members in Brentwood. Argueta-Quintanilla and another MS-13 member, both of whom were armed with handguns, approached a house on Lukens Avenue where the suspected rival gang members were standing outside and fired numerous shots in their direction. No one was struck, but a stray bullet entered a neighbor’s house and struck the headboard of a bed in which the neighbor was sleeping. Argueta-Quintanilla also pleaded guilty to participating in a drug conspiracy, admitting that between April 2016 and October 2017, he and other members of the Sailors clique conspired to distribute cocaine and marijuana to raise money for the MS-13.
Today’s conviction is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent, transnational criminal organization. The MS-13’s leadership is based in El Salvador, Honduras, Guatemala and Mexico, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the most violent criminal organization on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010, this Office has obtained indictments charging MS-13 members with carrying out more than 60 murders in the Eastern District of New York and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, which is comprised of agents and officers of the FBI, SCPD, Nassau County Police Department, Nassau County Sheriff’s Department, Suffolk County Probation Office, Suffolk County Sheriff’s Office, the New York State Police, the Hempstead Police Department, the Rockville Centre Police Department and the New York State Department of Corrections and Community Supervision.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Paul G. Scotti, Justina L. Geraci and Megan E. Farrell are in charge of the prosecution.
The Defendant:
NELSON ARGUETA-QUINTANILLA (also known as “Mendigo”)
Age: 24
Brentwood, New YorkE.D.N.Y. Docket No. 16-CR-403 (S-7)(JFB)
Local Providers Agree to Settle Allegations of Improper Billing for Electro-Acupuncture DevicesRead the Press Release
KNOXVILLE, Tenn. – The United States Attorney’s Office announced today that Align Health and Holistic Medical Center, Inc. and Align Health Management, Inc., (collectively “Align”), Eric Anderson, P.A. d/b/a Anderson Chiropractic Clinic (“Anderson Chiropractic”), their owners and a former employee have agreed to pay $163,400 to resolve allegations that they knowingly and improperly billed Medicare for electro-acupuncture using peri-auricular stimulation devices in violation of the False Claims Act (“FCA”).
Align and Anderson Chiropractic are outpatient clinics located in Maryville, Tennessee that offer medical and chiropractic services for the treatment of pain. According to the contentions of the United States contained in the settlement agreement, between September 2016 and March 2019 Align and Anderson Chiropractic routinely presented, or caused to be presented, to Medicare false claims for payment for the placement of electro-acupuncture devices on patients. The placement of these devices was improperly billed under code L8679, which resulted in the clinics receiving payments from Medicare to which they were not entitled.
L8679 is a billing code for “implantable neurostimulator, pulse generator” devices that are surgically implanted into the central nervous system or targeted peripheral nerves through procedures that are typically performed by a surgeon in an operating room. However, the United States contends that Align and Anderson Chiropractic falsely billed Medicare under L8679 for electro-acupuncture devices they knew were not surgically implanted into their patients and for procedures that did not involve anesthesia or take place in an operating room. The underlying services for which Align and Anderson Chiropractic submitted the L8679 claims involved application of a device used for electro-acupuncture. Common brand names for this device include P-Stim, Stivax, NeuroStim, ANSiStim, E-Pulse, and NSS-2 Bridge. The electro-acupuncture devices were applied by inserting needles into patients’ ears and by taping the devices behind their ears with an adhesive. Medicare does not reimburse for electro-acupuncture devices billed as neurostimulators and did not reimburse for acupuncture at all during the period of the covered conduct.
In addition to paying the civil settlement, which was based on the parties’ ability to pay, Align, Anderson Chiropractic, and their owners have agreed to enter into an Integrity Agreement (“IA”) with the Office of Inspector General of the Department of Health and Human Services (“OIG-HHS”). The IA requires, among other things, that Align, Anderson Chiropractic, and their owners implement specific measures intended to prevent future health care fraud and to address evolving compliance risks. These measures include training for staff on applicable health care fraud laws and submitting to a claims review conducted by an Independent Review Organization to ensure compliance with Medicare billing requirements.
This investigation resulted from a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Tennessee, OIG-HHS, and the Southeastern Unified Program Integrity Contractor (“UPIC”).
Assistant U.S. Attorney Joseph C. Rodriguez represented the United States.
The claims settled by this agreement are allegations only, and there has been no determination of liability.
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Leader of Latin Kings Set Sentenced to 19 Years in PrisonRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that CARMELO VELEZ, a/k/a “Jugg,” was sentenced today to 19 years in prison in connection with his participation in the Black Mob set of the Latin Kings and their distribution of narcotics, including heroin, fentanyl, and cocaine. VELEZ pled guilty on May 25, 2021, before U.S. District Judge Valerie E. Caproni, who imposed today’s sentence.
U.S. Attorney Audrey Strauss said: “Carmelo Velez was the leader of a violent gang who himself participated in acts of extreme violence. His wanton disregard for his victims has now earned him a lengthy prison term.”
According to public filings and statements made in court:
The Black Mob is a New York-based set, or “tribe,” of the nationwide Latin Kings gang. In order to enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of the Black Mob committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including heroin, fentanyl, and crack; committed robberies; and obtained, possessed, and used firearms.
The Black Mob’s leadership structure resembles the traditional leadership structure of other Latin King tribes. Leaders in the Black Mob are referred to as “Crowns,” with the respective Crowns ranked as “First Crown,” “Second Crown,” etc. VELEZ served as the First Crown of the Black Mob since in or around 2012 and, in that capacity, oversaw the Black Mob’s day-to-day operations and also ordered and participated in acts of violence and narcotics trafficking.
In December 2019 and April 2021, VELEZ was charged along with several other members and associates of the Black Mob, including Angel Lopez, a/k/a “SB,” and Christopher Rodriguez, a/k/a “Taz,” with racketeering offenses, narcotics conspiracy, and firearms offenses. Lopez and Rodriguez, both of whom also held leadership roles within the Black Mob, previously pled guilty and were sentenced to 240 months in prison and 210 months in prison, respectively.
VELEZ pled guilty to one count of conspiracy to distribute and possess with intent to distribute narcotics. In connection with his guilty plea, VELEZ further stipulated to his involvement in multiple acts of violence: a June 2017 slashing of a rival gang member, an October 2018 home invasion that resulted in the slashing and assault of two rival gang members, and a gunpoint robbery of a drug dealer in or around September 2019.
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In addition to the prison term, VELEZ, 32, of Newburgh, New York, was sentenced to five years of supervised release.
Ms. Strauss praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Police Department.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Adam Hobson, Elinor Tarlow, and David Robles are in charge of the prosecution.
Larry Junior Hillbroom, of Hope, Idaho, Pleads Guilty to Conspiracy to Distribute MethamphetamineRead the Press Release
COEUR D’ALENE – Larry Junior Hillbroom, 37, of Hope, Idaho, pleaded guilty to conspiracy to distribute methamphetamine, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief Magistrate Judge Candy W. Dale took Hillbroom’s plea and set the case for sentencing on February 8, 2022.
According to court records, in 2015 and 2016, Hillbroom conspired with others to smuggle methamphetamine through international airports between North Idaho and the Pacific Islands of Guam and Palau. Hillbroom and others used several different methods to smuggle the drugs, including shampoo containers and carrying the substance on their person. Once in Guam or Palau, Hillbroom would coordinate with locals to sell the methamphetamine. Law enforcement officers learned of the conspiracy and were able to investigate and ultimately arrest Hillbroom and his coconspirators.
Hillbroom was originally charged with Morgan Kenney, Zachary Craig Carlson, and Sean Robert Wathen, all of Hope, Idaho. Kenney and Carlson previously pleaded guilty and have been sentenced to federal prison. Wathen has plead not guilty to the conspiracy and is currently set for trial in November 2021.
Acting U.S. Attorney Gonzalez credited the cooperative efforts of the Drug Enforcement Administration, Bonner County Sheriff's Office, Bureau of Indian Affairs, Coeur d'Alene Police Department, Idaho State Police, U.S. Border Patrol, and the U.S. Marshals Service, which led to charges.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
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Justice Department Sues to Block Unprecedented Domestic Alliance Between American Airlines and JetBlueRead the Press Release
The U.S. Department of Justice, together with Attorneys General in six states and the District of Columbia, sued today in the District of Massachusetts to block an unprecedented series of agreements between American Airlines and JetBlue through which the two airlines will consolidate their operations in Boston and New York City. The civil antitrust complaint alleges that this extensive combination, which they call the “Northeast Alliance,” will not only eliminate important competition in these cities, but will also harm air travelers across the country by significantly diminishing JetBlue’s incentive to compete with American elsewhere, further consolidating an already highly concentrated industry.
“Millions of consumers across America rely on air travel every day for work, to visit family, or to take vacations. Fair competition is essential to ensuring they can fly affordably and safely,” said Attorney General Merrick B. Garland. “In an industry where just four airlines control more than 80% of domestic air travel, American Airlines’ ‘alliance’ with JetBlue is, in fact, an unprecedented maneuver to further consolidate the industry. It would result in higher fares, fewer choices, and lower quality service if allowed to continue. The complaint filed today demonstrates the Justice Department’s commitment to ensuring economic opportunity and fairness by protecting consumers and competition.”
“The Northeast Alliance would eliminate significant competition in this important industry,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “This sweeping partnership is unprecedented among domestic airlines and amounts to a de facto merger between American and JetBlue in Boston and New York City. The impact on consumers extends far beyond Massachusetts and New York, as evidenced by the participation and our ongoing cooperation with Attorneys General from across the country, including Arizona, California, Florida, Massachusetts, Pennsylvania, Virginia and the District of Columbia, in this lawsuit.”
The Northeast Alliance combines American’s and JetBlue’s operations at four major airports: Boston Logan, John F. Kennedy, LaGuardia and Newark Liberty. The airlines have committed to coordinate “on all aspects” of network planning, including which routes to fly, when to fly them, who will fly them and what size planes to use for each flight. The two airlines will also share revenues earned at these airports, eliminating their incentives to compete with one another. The Northeast Alliance will also allow the parties to pool their gates and takeoff and landing authorizations, known as “slots.” According to the complaint, this unprecedented combination would raise prices and reduce choices for air passengers traveling to and from Boston and New York City.
As alleged in the complaint, American is the largest airline in the world. Just four airlines — American, along with Delta, United and Southwest — collectively control over 80% of domestic air travel. According to the complaint, American has relentlessly pursued a strategy of industry consolidation in the United States and around the world. Unable to combine with foreign airlines through formal mergers, American has instead pursued consolidation through a series of international joint ventures. The complaint alleges that JetBlue’s CEO stated, “it may look as if a dozen or more airlines [are] providing service. But when you go under the surface, it’s really just three big mega-alliances controlling 87% of the traffic…Consumers effectively have very little choice in markets where JVs have a stranglehold – and they also face higher fares.” The Justice Department alleges that American now seeks to import this strategy to domestic air travel.
According to the complaint, JetBlue has positioned itself as an important source of competition against American and the other large airlines, particularly in the northeast. According to the complaint, JetBlue’s reputation for lowering prices is so established that the industry refers to it as the “JetBlue Effect.” JetBlue’s own internal estimates show that it has saved customers at least $10 billion since its launch, offering lower fares and better service, and forcing its competitors to do the same.
According to the complaint, the Northeast Alliance will cause hundreds of millions of dollars in harm to air passengers across the country through higher fares and reduced choice. The complaint alleges that prior to entering the Northeast Alliance, JetBlue and American both planned to compete more intensely with one another, including in Boston and New York City, but also in other areas. If allowed to proceed, the Northeast Alliance would eliminate this important existing and future competition — creating, as American’s senior executives put it, “further domestic consolidation.” The Northeast Alliance will dampen American’s incentive to expand service elsewhere in its network and will significantly reduce JetBlue’s incentives to challenge its much larger partner across the country.
American Airlines Group Inc. is a Delaware corporation with its headquarters in Fort Worth, Texas. In 2019, it flew over 215 million passengers to approximately 365 locations worldwide, earning about $45 billion in revenues.
JetBlue Airways Corporation is a Delaware corporation with its headquarters in Long Island City, New York. In 2019, JetBlue flew over 42 million passengers to approximately 100 locations worldwide, earning about $8 billion in revenue.
Justice Department Reaches $1.6M Agreement to Remedy Title IX Violations at San José State UniversityRead the Press Release
WASHINGTON - The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of California announced a settlement with San José State University (SJSU) to ensure that students can attend school and participate in college athletics free from sexual harassment, including sexual assault. The department conducted its investigation under Title IX of the Education Amendments of 1972 (Title IX).
The department found that SJSU failed for more than a decade to respond adequately to reports of sexual harassment, including sexual assault, of female student-athletes by an athletic trainer then working at SJSU. Beginning in 2009, female student-athletes reported that the trainer subjected them to repeated, unwelcome sexual touching of their breasts, groins, buttocks, and/or pubic areas during treatment in the campus training facilities. The department concluded that for years, SJSU’s ineffective response exposed additional student-athletes to harm. The department also found that SJSU retaliated against two SJSU employees. The first employee repeatedly alerted school officials to the threat the athletic trainer posed, and the second employee expressed opposition to retaliating against the reporting employee and was terminated by SJSU. The department and SJSU entered into a comprehensive agreement to address the findings of the investigation, which began in June 2020.
“No student should be subjected to sexual harassment at a college or university in our country, especially by an employee who wields a position of power,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “With this agreement, San José State University will provide relief to survivors and transform its Title IX process to ensure accountability in its athletics program and create a safer campus for all its students. The Justice Department thanks the current and former students who came forward and shared their experiences, and the employees who unceasingly advocated for their students. Because of them, San José State University will adopt major reforms to prevent such an abuse of authority from happening ever again.”
“The department’s findings provide a stark reminder that schools must respond quickly to protect students from sexual harassment. Title IX requires no less,” said Acting U.S. Attorney Stephanie M. Hinds for the Northern District of California. “We acknowledge the San José State University students and employees whose efforts shined a light on this issue and look forward to working with the university to implement this important agreement.”
Under the agreement, among other relief, SJSU will:
• significantly improve SJSU’s process for responding to complaints of sexual harassment;
• bolster the Title IX Office by revising the office structure and providing adequate authority, independence, and resources to the Title IX Coordinator;
• publicize Title IX policies and protocols and develop user-friendly materials so everyone in the SJSU community knows how to report Title IX concerns;
• improve the policies and procedures of the SJSU Sports Medicine and Athletics Training Program to prevent sexual harassment by athletic trainers;
• deliver training to student-athletes and SJSU Athletics employees on giving and receiving informed consent for medical treatments and athletic training services;
• survey SJSU Athletics employees to assess their understanding of SJSU policies and identify barriers to reporting;
• take concrete steps to prevent retaliation under Title IX, including through training that provides clear examples of prohibited conduct; and
• provide supportive measures and remedies to current and former student-athletes who were sexually harassed by the athletic trainer.The agreement also requires SJSU to pay financial relief totaling $1.6 million to individuals who were sexually harassed by the athletic trainer and who came forward to participate in the department’s Title IX investigation or SJSU’s internal investigations. The department will monitor implementation of the agreement through the 2024-2025 academic year.
Attorneys from the Educational Opportunities Section of the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of California jointly conducted this investigation, with which SJSU cooperated. Individuals with information related to SJSU’s compliance with Title IX are encouraged to contact the Department of Justice at 1-833-591-0289 or at [email protected].
The enforcement of Title IX, which prohibits sex discrimination in education programs and activities operated by recipients of federal financial assistance, is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section. Additional information about the U.S. Attorney’s Office of the Northern District of California is available on its website at https://www.justice.gov/usao-ndca. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/.
Justice Department Reaches $1.6M Agreement to Remedy Title IX Violations at San José State UniversityRead the Press Release
The Justice Department’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of California announced a settlement with San José State University (SJSU) to ensure that students can attend school and participate in college athletics free from sexual harassment, including sexual assault. The department conducted its investigation under Title IX of the Education Amendments of 1972 (Title IX).
The department found that SJSU failed for more than a decade to respond adequately to reports of sexual harassment, including sexual assault, of female student-athletes by an athletic trainer then working at SJSU. Beginning in 2009, female student-athletes reported that the trainer subjected them to repeated, unwelcome sexual touching of their breasts, groins, buttocks, and/or pubic areas during treatment in the campus training facilities. The department concluded that for years, SJSU’s ineffective response exposed additional student-athletes to harm. The department also found that SJSU retaliated against two SJSU employees. The first employee repeatedly alerted school officials to the threat the athletic trainer posed, and the second employee expressed opposition to retaliating against the reporting employee and was terminated by SJSU. The department and SJSU entered into a comprehensive agreement to address the findings of the investigation, which began in June 2020.
“No student should be subjected to sexual harassment at a college or university in our country, especially by an employee who wields a position of power,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “With this agreement, San José State University will provide relief to survivors and transform its Title IX process to ensure accountability in its athletics program and create a safer campus for all its students. The Justice Department thanks the current and former students who came forward and shared their experiences, and the employees who unceasingly advocated for their students. Because of them, San José State University will adopt major reforms to prevent such an abuse of authority from happening ever again.”
“The department’s findings provide a stark reminder that schools must respond quickly to protect students from sexual harassment. Title IX requires no less,” said Acting U.S. Attorney Stephanie M. Hinds for the Northern District of California. “We acknowledge the San José State University students and employees whose efforts shined a light on this issue and look forward to working with the university to implement this important agreement.”
Under the agreement, among other relief, SJSU will:
- significantly improve SJSU’s process for responding to complaints of sexual harassment;
- bolster the Title IX Office by revising the office structure and providing adequate authority, independence, and resources to the Title IX Coordinator;
- publicize Title IX policies and protocols and develop user-friendly materials so everyone in the SJSU community knows how to report Title IX concerns;
- improve the policies and procedures of the SJSU Sports Medicine and Athletics Training Program to prevent sexual harassment by athletic trainers;
- deliver training to student-athletes and SJSU Athletics employees on giving and receiving informed consent for medical treatments and athletic training services;
- survey SJSU Athletics employees to assess their understanding of SJSU policies and identify barriers to reporting;
- take concrete steps to prevent retaliation under Title IX, including through training that provides clear examples of prohibited conduct; and
- provide supportive measures and remedies to current and former student-athletes who were sexually harassed by the athletic trainer.
The agreement also requires SJSU to pay financial relief totaling $1.6 million to individuals who were sexually harassed by the athletic trainer and who came forward to participate in the department’s Title IX investigation or SJSU’s internal investigations. The department will monitor implementation of the agreement through the 2024-2025 academic year.
Attorneys from the Educational Opportunities Section of the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of California jointly conducted this investigation, with which SJSU cooperated. Individuals with information related to SJSU’s compliance with Title IX are encouraged to contact the Department of Justice at 1-833-591-0289 or at [email protected].
The enforcement of Title IX, which prohibits sex discrimination in education programs and activities operated by recipients of federal financial assistance, is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section. Additional information about the U.S. Attorney’s Office of the Northern District of California is available on its website at https://www.justice.gov/usao-ndca. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. View the summary of agreement here.
Jury Convicts Columbia Man of Illegal FirearmRead the Press Release
JEFFERSON CITY, Mo. – A Columbia, Missouri, man has been convicted by a federal trial jury of illegally possessing a firearm.
Jeremiah Ezekiel Brown, 36, was found guilty on Monday, Sept. 20, of being a felon in possession of a firearm.
Brown was arrested by a Columbia police detective during a traffic stop on Nov. 24, 2020. The detective searched him and found a loaded Glock 9mm semi-automatic handgun in Brown’s waistband. Detectives searched the vehicle Brown was driving and found a backpack in the front seat that contained a total of 37 grams of marijuana, 10 packages that contained marijuana edibles, 14 doses of LSD, a baggie of .5 grams of cocaine and two Alprazolam bars. They also found an empty Glock extended magazine with a 31-round capacity and a pair of brass knuckles.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brown has prior felony convictions for possession of stolen things, possession of a controlled substance, robbery, receiving stolen property and attempted delivery of a controlled substance into a prison.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for about 30 minutes before returning the guilty verdict to U.S. District Judge Nanette K. Laughrey, ending a one-day trial.
Under federal statutes, Brown 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. Attorneys Aaron M. Maness and Ashley S. Turner. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Columbia, Mo., Police Department.
Judge sentences St. Louis man to drug and weapon chargesRead the Press Release
ST. LOUIS – Landon Whitfield, 26, of St. Louis, Missouri, appeared before United States District Court Judge Ronnie L. White on today’s date and was sentenced to 84 months in federal prison. Whitfield previously pleaded guilty to one count of possession with intent to distribute fentanyl and one count of possession of a firearm in furtherance of a drug trafficking crime.
On November 6, 2019, members of the St. Louis Metropolitan Police Department observed Whitfield driving a vehicle with heavily tinted windows. Knowing that this vehicle had previously fled from the officers on several occasions, the officers attempted to conduct a traffic stop on the vehicle. Whitfield fled from the officers and committed numerous traffic violations in the process. In an effort to disable the vehicle, the officers successfully deployed spike strips, deflating two of its tires. Undeterred and causing a substantial risk of death or serious bodily injury, Whitfield continued to flee in the vehicle and almost struck a police car in the process. Whitfield eventually abandoned his vehicle and fled from officers on foot while armed with an AR-15-type firearm.
Several officers confronted Whitfield in an alley. Whitfield raised his firearm. An officer, fearing for his safety, fired one shot in response. Whitfield then dropped his firearm and a green bag he had over his shoulder. Whitfield tried to continue his escape by climbing a nearby fence but was taken into custody.
The firearm Whitfield possessed was a Matrix Aerospace M556-SC semi-automatic pistol. It was loaded with 22 rounds of ammunition in an extended magazine. Inside Whitfield’s green bag were 345 capsules of fentanyl weighing approximately 37 grams.
This case was investigated by the St. Louis Metropolitan Police Department.
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Joplin Man Sentenced for Meth, Illegal FirearmsRead the Press Release
SPRINGFIELD, Mo. – A Joplin, Missouri, man was sentenced in federal court today for possessing methamphetamine to distribute and for illegally possessing firearms.
Nathan Scott Thomas, 42, was sentenced by U.S. District Judge M. Douglas Harpool to 11 years in federal prison without parole.
On May 3, 2021, Thomas pleaded guilty to one count of possessing methamphetamine with the intent to distribute and one count of possessing firearms in furtherance of a drug-trafficking crime.
On Jan. 29, 2020, law enforcement officers executed a search warrant at Thomas’s residence. Officers found a safe in the master bedroom that contained a loaded Ruger .380-caliber semi-automatic pistol, a loaded Jimenez 9mm semi-automatic pistol, and approximately 197 grams of methamphetamine.
According to court documents, Thomas is an active member of the Universal Arian Brotherhood with a lengthy criminal history. In addition to these federal offenses, Thomas has no less than 19 pending cases arising from incidents that occurred between August 2019 and his March 2021 arrest. In September 2020, a warrant was issued in connection with this case. In December 2020, Thomas fled from law enforcement officers while in possession of methamphetamine and a 9mm handgun. In March 2021, Thomas again fled from law enforcement before being apprehended and federally detained. Thomas has been in federal custody since his arrest on March 4, 2021.
This case was prosecuted by Assistant U.S. Attorney Jessica R. Sarff. It was investigated by the FBI, the Ozarks Drug Enforcement Team and the Joplin, Mo., Police Department.
Jicarilla Apache man sentenced to 33 years in prison for murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Allister Quintana, 26, of the Jicarilla Apache Tribe, was sentenced on Sept. 17 in federal court to 33 years and nine months in prison for second degree murder in Indian Country. Quintana pleaded on Jan. 22, 2020.
In his plea agreement, Quintana admitted to restraining and confining John Doe in a closet, causing his death. The killing occurred in Rio Arriba County, New Mexico, on the Jicarilla Apache Indian Reservation.
Upon his release from prison, Quintana will be subject to five years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from Jicarilla Apache Police Department. Assistant U.S. Attorneys Joseph Spindle and Frederick Mendenhall prosecuted the case.
Individual Pleads Guilty to Possession with Intent to Distribute Methamphetamine and Possession of Firearm in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Timothy Allen Stacy, II, 33, entered a guilty plea to one count of Possession with Intent to Distribute Methamphetamine, in violation of 21 United States Code Sections 841(a)(1) and 841(b)(1)(B), punishable by a term of imprisonment that may not be less than 5 years and not more than 40 years, a fine not to exceed the greater of that authorized in accordance with the provisions of Title 18 or $5,000,000.00, or both, a term of supervised release to be determined by the court, and a special assessment in the amount of $100.00, and one count of Possession of a Firearm in Furtherance of Drug Trafficking Crime, in violation of 18 United States Code Sections 924(c)(1)(A) and 924(c)(1)(B)(i), punishable by a term of imprisonment of not less than 10 years, a fine of up to $250,000.00, a term of supervised release to be determined by the court, and a special assessment in the amount of $100.00.
The Indictment charged defendant with crimes stemming from an incident on January 5, 2021 where officers were dispatched to a convenience store in Henryetta, Oklahoma regarding a male in a Jeep trying to run over a female. The defendant was found sitting in his Jeep in front of the store and told the officer that he was fighting with his girlfriend and trying to get her back in the vehicle. Upon the defendant’s exit from his Jeep, the police officer observed a loaded pistol magazine fall to the floorboard. A subsequent search of the vehicle revealed several firearms, to include a shotgun with a modified barrel of less than 18 inches, over 100 rounds of ammunition of various calibers, two notebooks/journals, scales, baggies and a bag that contained a white crystal-like substance. That crystal-like substance tested positive for methamphetamine and weighed 43.03 grams. At the plea, the defendant admitted that he intended to sell or distribute the methamphetamine and that he possessed the numerous weapons to provide protection for his drugs and money.
The charges arose from an investigation by the Henryetta Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration.
The Honorable Scott Palk, U.S. District Judge in the United States District Court for the Western District of Oklahoma, accepted the plea and ordered the completion of a presentence investigation report.
Assistant U.S. Attorney Edith Singer represented the United States.
Illinois Man Sentenced to Federal Prison for Iowa Meth ConvictionRead the Press Release
On September 17, 2021, a man who conspired to distribute meth was sentenced to 15 years’ in federal prison.
Adrian Estrada, 29, from Rockford, Illinois, had previously pled guilty on April 10, 2021, to one count of conspiracy to distribute methamphetamine.
Evidence from the plea and sentencing hearings showed that from about December 2018 through November 8, 2019, Estrada regularly provided co-conspirators in central Iowa one to three-pound quantities of methamphetamine for over a year, totaling more than 35 pounds of methamphetamine. Estrada resided in Illinois (Rockford) and would transport methamphetamine to co-conspirators in Eagle Grove, Iowa, for further re-distribution in the Northern District of Iowa. Estrada would also collect drug money owed by his co-conspirators. At sentencing, after the presentation of evidence, the district court found that in January of 2019, Estrada and three others confronted a co-conspirator and his friend, and assaulted them by force and threats over a disputed drug debt, including pistol-whipping each victim in an effort to obtain money or methamphetamine. Each of the two victims were treated at local hospitals for injuries consistent with blunt force trauma to the head.
Sentencing was held before United States District Court Chief Judge Leonard T. Strand. Estrada remains in custody of the United States Marshal until he can be transported to a federal prison. Estrada was sentenced to 180 months’ imprisonment and must serve a term of five years of supervised release following imprisonment.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated by the Iowa Division of Narcotics Enforcement, the Wright County Sheriff’s Office, the Eagle Grove Police Department, the Iowa Division of Criminal Investigation Laboratory and the United States Marshal Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3012. Follow us on Twitter @USAO_NDIA.
Illegal Possession of Drugs and Firearms Send Two Shreveport Men to Federal PrisonRead the Press Release
SHREVEPORT, La. – Acting United States Attorney Alexander C. Van Hook announced that two defendants were sentenced today by United States District Judge Donald E. Walter to time in federal prison for their role in two separate cases related to drug and firearms crimes.
Dale Wayne Green, Jr., 39, of Shreveport, was sentenced to 40 months in prison, followed by 3 years of supervised release. Green went to trial in April 2021 and was convicted by a federal jury of being a convicted felon in possession of a firearm and possession of cocaine with intent to distribute. Evidence presented at the trial revealed that on June 11, 2019, the Shreveport/Caddo Narcotics Task Force received information that illegal narcotics were being sold at a residence on Harrison Street in Shreveport. Law enforcement agents began conducting surveillance and observed multiple vehicles parked in and around the residence, as well as suspicious activity by individuals visiting the residence. Agents approached the residence and observed Green drop an item on the ground and walk away from the area to the rear of a vehicle in the driveway. They later discovered the dropped item to be cocaine in a sandwich bag which contained individually wrapped packaged bags containing cocaine. Green also had a large amount of cash and car keys in his pocket that went to a car parked across the street. A K-9 officer conducted a sniff search of the vehicle and the K-9 officer alerted to the presence of narcotics. Green gave consent to search the vehicle and agents found a loaded handgun in the console. Also found in the car were numerous personal documents belonging to Green.
Green’s previous felony conviction was for manslaughter in Caddo Parish in 2002. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition.
The ATF, Shreveport Police Department and Caddo Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Brandon B. Brown and Mike T. Shannon prosecuted the case.
Miquon Gerrod Rachal, 29, of Bossier City, Louisiana, was sentenced to 84 months in prison, followed by 3 years of supervised release, for possession of a firearm by a convicted felon. On November 18, 2020, Rachal was charged with being a convicted felon in possession of a firearm and pleaded guilty to the charge on February 24, 2021. According to information presented to the court, on July 6, 2020, Louisiana State Police Trooper initiated a traffic stop on a vehicle for having flashing purple illuminated lamps on the undercarriage of the vehicle. The State Trooper asked the driver to exit the vehicle and the driver was unable to locate his drivers license or proof of insurance. The State Trooper noticed the smell of marijuana coming from the vehicle and Rachal admitted to smoking it. The vehicle was searched, and the trooper found a small amount of marijuana and a loaded semi-automatic pistol under the driver’s seat.
Rachal admitted that the gun was his and knew that as a convicted felon, he was prohibited from having it. Rachal has prior felony convictions for possession of marijuana (2012), simple robbery (2013), and attempted possession of a firearm or carrying a concealed weapon by a convicted felon (2015).
The ATF and Louisiana State Police conducted this investigation and Assistant U.S. Attorney Tennille Gilreath prosecuted the case.
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Helena pawn shop and gun dealer admits firearms crimesRead the Press Release
GREAT FALLS – A Helena pawn and consignment shop operator accused of lying about gun sales and failing to keep proper records today admitted firearms crimes, Acting U.S. Attorney Leif M. Johnson said.
Catherine Suzanne Morsette, 38, of Boulder, and who is the federal firearms licensee for Modern Pawn & Consignment, pleaded guilty to two counts of false statement during a firearms transaction and to failure to keep proper records. A plea agreement calls for three other counts in an indictment to be dismissed at sentencing if the court accepts the agreement. Morsette faces a maximum five years in prison, a $250,000 fine and three years in prison.
Chief U.S. District Court Judge Brian M. Morris presided. Chief Judge Morris set sentencing for Jan. 13, 2022. Morsette was released pending further proceedings.
The government alleged in court documents that Morsette is the federal firearms licensee for Modern Pawn & Consignment, Inc., 1330 North Montana Ave., in Helena. During an undercover investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, a man and a woman went to the business where the man looked at a Beretta 9mm pistol on April 14. The man let Morsette know that he was not a Montana resident and showed his out-of-state driver’s license. Morsette told the man that the woman should fill out the ATF form because she could not sell that firearm to him. The woman completed the form as instructed and purchased the Beretta 9mm pistol for the man. Morsette then sold the man a Smith and Wesson .45-caliber pistol after she called co-defendant, Isaiah Morsette, to confirm that the .45-caliber gun was not in the store’s system. During the transaction, Morsette told the man and woman that the shop was hers and she was the boss but that her husband handled the gun stuff for her. Isaiah Morsette has pleaded not guilty to charges.
The government alleged Catherine Morsette knowingly made a false statement stating that the named purchaser of the Beretta 9mm pistol was the actual buyer, the woman, when in fact she knew the actual buyer of the firearm was the man. In addition, Catherine Morsette willfully sold and delivered a Smith and Wesson .45-caliber pistol without noting the name of the purchaser in her records as required.
The government further alleged that on April 29, a man, identified as #3, bought a Ruger .44 magnum revolver for a man identified as #2. Man #2 went to the pawn shop and interacted with Catherine Morsette, who called Isaiah Morsette for prices. After Man #3 arrived, Man #2 told Catherine Morsette that, “we’ll buy the firearm.” Catherine Morsette told Man #3 that he had to pay, “I don’t care how you leave the store with it, but he has to pay for it.” Catherine Morsette and Man #3 then filled out the paperwork for the revolver. Catherine Morsette knowingly made a false statement by stating the named purchaser of the revolver was the actual purchaser, Man #3, when in fact she knew the actual purchaser was Man #2.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
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Hartford Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that ALLEN EVANS, 35, of Hartford, pleaded guilty today before U.S. District Judge Jeffrey A. Meyer in New Haven to unlawful possession of a firearm and ammunition by a felon.
According to court documents and statements made in court, on October 23, 2020, Hartford Police stopped a car in which Evans was a passenger. Evans was arrested after a search of his person revealed a loaded Taurus Model 85 “.38 Special” handgun, and a search of the vehicle revealed additional ammunition.
At the time of his arrest, Evans was on state probation following a conviction in 2018 for possession of a weapon in a motor vehicle.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
Evans has been detained since his arrest.
Judge Meyer scheduled sentencing for December 14, 2021.
This matter was investigated by the Hartford Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Edward Chang.
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.
Fredericksburg Man Pleads Guilty to Straw Purchasing Numerous FirearmsRead the Press Release
ALEXANDRIA, Va. – A Fredericksburg man pleaded guilty today to conspiracy to make false statements to federally licensed firearms dealers during the purchase of firearms.
“This case serves as another example of our resolve to hold accountable those who illegally purchase guns on behalf of others,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “While straw purchasers are often unaware of how the firearms they unlawfully obtain will be used, that’s what makes this conduct so dangerous, and it is why we must continue working together to prevent these crimes from occurring. Through our close partnerships on the federal, state, and local level, we have been leveraging the latest technology, evidence, data, and intelligence to combat firearms trafficking and reduce the tragic toll that gun violence has on our communities.”
According to court documents, Bernard Jenkins, Jr., 24, purchased 18 firearms from vendors in Fredericksburg and Colonial Heights between August 2019 and April 2020. Jenkins certified to the federally licensed firearms dealers from whom he purchased the firearms that he would be the owner of the firearms when, in fact, 16 of the firearms purchased by Jenkins were transferred to other individuals after purchasing. As reflected in the statement of facts filed with the plea agreement, several of the firearms purchased by Jenkins have been recovered at crime scenes since his purchases.
Jenkins is scheduled to be sentenced on Feb. 8, 2022. He faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Charlie J. Patterson, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after Senior U.S. District Judge Liam O’Grady accepted the plea.
Assistant U.S. Attorney Ronald L. Walutes, Jr. is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-202.
Former federal probation officer pleads guilty to false statements regarding performance of supervisory dutiesRead the Press Release
AUGUSTA, GA: A former U.S. Probation Officer for the Southern District of Georgia admitted he lied about performing his supervisory duties.
Enoch Eller Jr., 47, of Augusta, pled guilty to one count of False Statements as charged by an Information, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The charge carries a statutory maximum sentence of five years in prison, along with substantial financial penalties and a period of supervised release. There is no parole in the federal system.
“The effectiveness of court-ordered services depends on rock-solid integrity from all employees,” said Acting U.S. Attorney Estes. “While the dishonesty of one officer is troubling, it should not negatively reflect on the exceptional service of the Southern District’s probation officers.”
As charged in the information, from about March 2020 to June 2021, Eller falsely claimed that he performed drug testing and conducted home visits for certain individuals under his supervision when he had not done so.
The case was investigated by the FBI, and prosecuted for the United States by the U.S. Attorney’s Office for the Southern District of Georgia.
Former State Employee Pleads Guilty to Unemployment Insurance FraudRead the Press Release
ALBANY, NEW YORK – Tramaine Pope, age 33, of the Bronx, New York, pled guilty today to federal program theft, and admitted to abusing her position as a New York State Department of Labor (NYSDOL) employee to obtain $314,168 by submitting and approving 20 false unemployment insurance applications. The funds stolen by Pope included benefits from federal programs intended to help out-of-work New Yorkers during the COVID-19 pandemic.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Jonathan Mellone, Special Agent in Charge, New York Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG); Joshua McCallister, Acting Inspector in Charge of the Boston Division of the United States Postal Inspection Service (USPIS); Matthew Scarpino, Acting Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI); and NYSDOL Commissioner Roberta Reardon.
Acting United States Attorney Antoinette T. Bacon stated: “Tramaine Pope violated the trust of her fellow New Yorkers during a global public health crisis that left so many without work. She was tasked with helping others at a time of substantial need, but instead exploited her position for personal gain. With our law enforcement partners, we will continue to investigate and prosecute those who abuse the public trust, and steal public funds, during this unprecedented pandemic.”
USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “Tramaine Pope abused her position as a Senior Employment Security Clerk with the New York State Department of Labor to create and approve fraudulent unemployment insurance claims. Pope obtained over $300,000 from these fraudulent claims, a portion of which was earmarked for Pandemic Unemployment Assistance. We will continue to work with our law enforcement partners to protect the integrity of unemployment insurance benefit programs.”
In pleading guilty, Pope admitted to receiving lists of names and personal identifying information from another individual. Pope then used her access to NYSDOL systems to submit and approve fraudulent unemployment insurance claims using the names and other information she received.
Pope agreed to pay restitution in the amount of $314,168 to the State of New York.
Pope faces up to 10 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years when she is sentenced on January 21, 2022 by United States District Judge Mae A. D’Agostino. 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.
USPIS Acting Inspector in Charge Joshua McCallister stated: “The actions of Ms. Pope to use the trust given to her by the people of New York and her employer to abuse the system and steal from those who were most in need during the pandemic are unconscionable. This case is a great example of the collaborative effort of law enforcement to bring those to justice who commit criminal acts against the people of New York.”
HSI Acting Special Agent in Charge Matthew Scarpino stated: “HSI remains committed to working closely with our law enforcement partners to identify and prosecute those, like Pope, who have used the COVID pandemic to defraud not only the taxpayer but also those eligible recipients in need of legitimate COVID benefits.”
NYSDOL Commissioner Roberta Reardon stated: “There is no excuse for stealing from others, especially when a person in place of trust abuses their position to knowingly commit fraud. Let this serve as a reminder that if you break the law, you will be held accountable. I thank our partners in the U.S. Attorney’s Office and all levels of law enforcement for their commitment to working with us to fight Unemployment Insurance fraud.”
This case was investigated by USDOL-OIG, USPIS, HSI, and the NYSDOL Office of Special Investigations. The case is being prosecuted by Assistant U.S. Attorneys Joshua R. Rosenthal and John T. Chisholm.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Fall River Mayor Sentenced to Six Years in Federal PrisonRead the Press Release
BOSTON – Jasiel F. Correia II, the former Mayor of Fall River, Mass., was sentenced today in connection with a scheme to defraud investors and extorting and conspiring to extort marijuana vendors for hundreds of thousands of dollars.
Correia, 29, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to six years in prison and three years of supervised release. The government recommended 11 years in prison. The judge reserved judgment on restitution and forfeiture for a later date.
On May 14, 2021, Correia was convicted by a federal jury of nine counts of wire fraud, four counts of filing false tax returns, four counts of extortion conspiracy and four counts of extortion. Judge Woodlock dismissed six counts of wire fraud and two counts of filing false tax returns, for which the jury convicted Correia.
In October 2018, Correia was indicted on charges of wire fraud and filing false tax returns. He was subsequently charged in a superseding indictment in September 2019 with, among other crimes, extortion conspiracy and extortion.
“Jasiel Correia was a corrupt and deceitful politician who could only be stopped by federal prosecution. Now he is a felon and will be a federal inmate,” said Nathaniel R. Mendell, Acting United States Attorney for the District of Massachusetts. “Mr. Correia lied to investors, sold his office, and has no remorse for his crimes. That warrants a significant prison term, which is why the government recommended an 11-year sentence.”
“Jasiel Correia’s conscious decision to fleece investors, extort hundreds of thousands of dollars in bribes, and cheat on his taxes has now cost him his freedom. He has proven to be a pervasive liar who has shown absolutely no remorse or empathy for his victims, and today he has been held accountable. Sadly, his actions have further eroded the public’s trust in government, and deeply hurt the citizens of Fall River,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Let his sentence serve as a stark reminder that if you commit crimes, your status as an elected official will not protect you. The FBI is committed to rooting out public corruption and holding officials like him accountable.”
“As the Mayor of Fall River, Jasiel Correia held the public’s trust in his hands and was positioned to serve those individuals that elected him. Instead, he squandered that opportunity and was exposed as a corrupt politician,” said Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division, Boston Field Office. “It is a shame that an individual with such a bright future decided to misuse his elected office for personal gain. Today’s sentencing sends a clear message that corrupt public officials will pay dearly for the choices they make.”
“Jasiel Correia abused the public trust,” said Massachusetts Inspector General Glenn A. Cunha. “His sentencing should serve as a reminder that the Massachusetts Inspector General and our federal partners will ensure that officials who enrich themselves at the public’s expense will pay a personal price.”
In 2012, Correia founded SnoOwl, an app designed to connect local businesses with their target consumer market. Seven individuals invested a total of approximately $360,000 in SnoOwl. Correia used approximately $230,000 – 64% of the money invested – to fund his own lavish lifestyle, burgeoning political career and other business ventures. Specifically, Correia used the investment funds to purchase tens of thousands of dollars of luxury items, including a Mercedes, jewelry and designer clothing; to pay for personal travel and entertainment, including tens of thousands of dollars on airfare, hotels, restaurants, casinos and adult entertainment; to pay down personal student loan debt; to fund his political campaign; and to make charitable donations in his own name.
To conceal his theft of funds from investors, Correia refused to provide the company’s financial records and gave false positive updates on SnoOwl’s status. Additionally, in May 2017, Correia instructed an accountant to file amended 2013 and 2014 personal tax returns in an effort to conceal his fraudulent activity from the IRS.
After taking office as Fall River Mayor in January 2016, Correia agreed to issue non-opposition letters to marijuana vendors in return for cash bribes and other payments. Under Massachusetts law, non-opposition letters from the head of local government are required in order to obtain a license to operate a marijuana business. Correia, as Mayor, was solely responsible for approving all non-opposition letters in Fall River. In addition, applicants seeking marijuana licenses are required to enter into host community agreements, between the marijuana company and the local government, stating that the company will give up to 3% of its gross sales to the local government.
Four marijuana vendors agreed to pay bribes ranging from over $75,000 up to $250,000 in cash, campaign contributions and mortgage discharges to Correia and his co-conspirators in return for non-opposition letters and host community agreements.
Acting U.S. Attorney Mendell; FBI Boston SAC Bonavolonta; IRS-CI SAC Simpson; Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of Inspector General, Northeast Regional Office; and Massachusetts Inspector General Cunha made the announcement today. Assistant U.S. Attorneys Zachary Hafer, David Tobin, Carol E. Head and Mark T. Quinlivan of Mendell’s Office prosecuted the case.
Former Chick-fil-A Employee Pleads Guilty for Scheme to Steal FundsRead the Press Release
BIRMINGHAM, Ala. – A former Chick-fil-A employee pleaded guilty today to participating in a conspiracy to defraud his former employer and committing bank fraud, announced U.S. Attorney Prim F. Escalona and U.S. Secret Service Special Agent in Charge Patrick M. Davis.
Larry James Black, Jr., 37, of Center Point, the former Director of Hospitality at Chick-fil-A Five Points, pleaded guilty to conspiracy to commit wire fraud and bank fraud before U.S. District Judge Madeline H. Haikala. Black’s sentencing hearing is scheduled for January 20, 2022. Black’s co-defendant, Joshua Daniel Powell, 40, of Moody, a former manager at the same location, pleaded guilty to conspiracy to commit wire fraud in June. Powell’s sentencing hearing is scheduled for October 20, 2021.
According to the plea agreement, between April 2018 and January 2018, Black and Powell devised and implemented a scheme to divert $492,000 in customer payments to bank accounts under their control. Black and Powell used these accounts to receive customer credit card payments intended for Chick-fil-A Five Points. Many of these payments were for catering orders from large customers. To effectuate the scheme, Black and Powell used fraudulent email and digital payment accounts that imitated the look of official Chick-fil-A accounts. In addition to these fraudulent “Chick-fil-A” accounts, Black and Powell also utilized a personal email account belonging to Powell to intercept virtual credit card payments that were made on behalf of an additional customer. Black used the fraud proceeds to support his lifestyle, including the purchase of high-end luxury vehicles and vacations.
In addition to conspiring to defraud Chick-Fil-A Five Points, Black acknowledged in the plea agreement that he provided a false social security number to various financial institutions and executed a scheme to defraud his mortgage lender. In January 2020, Black applied for a mortgage loan. In connection with his loan application, Black forged payroll records and made misrepresentations regarding his income from the Chick-fil-A franchise. As a result of these material misrepresentations, Black was able to secure a mortgage in the amount of $159,948.00 to finance the purchase of a home in Center Point, Alabama.
Black and Powell face a maximum sentence of 20 years in prison for conspiracy to commit wire fraud. Black also faces a maximum of 30 years in prison for bank fraud.
The U.S. Secret Service Cyber Fraud Task Force investigated the case. Assistant U.S. Attorney Edward J. Canter prosecuted the case.
Former Air Force contractor sentenced to prison for illegally taking 2,500 pages of classified informationRead the Press Release
DAYTON – A former contractor with the United States Air Force was sentenced in U.S. District Court to one year and one day in prison for illegally taking approximately 2,500 pages of classified documents.
Izaak Vincent Kemp, 36, of Fairborn, was charged on Jan. 25 by a Bill of Information. He pleaded guilty in federal court on Feb. 25.
According to court documents, Kemp was employed as a contractor at the Air Force Research Laboratory (AFRL) from July 2016 to May 2019, and later as a contractor at the U.S. Air Force National Air and Space Intelligence Center (NASIC). While working at AFRL and NASIC – both located on Wright-Patterson Air Force Base in Fairborn – Kemp had Top Secret security clearance.
Despite having training on various occasions on how to safeguard classified material, Kemp took 112 classified documents and retained them at his home.
Law enforcement discovered the more than 100 documents, which contained approximately 2,500 pages of material classified at the SECRET level, while executing a search warrant at Kemp’s home on May 25, 2019.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Mark J. Lesko, Acting Assistant Attorney General for the National Security Division of the Department of Justice; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; the Air Force Office of Special Investigations; and Fairborn Police Chief Terry Bennington announced the sentence imposed yesterday evening by Senior U.S. District Judge Walter H. Rice. Assistant United States Attorney Dominick S. Gerace and Trial Attorney Matthew J. McKenzie with the Department of Justice’s National Security Division are representing the United States in this case.
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Fitchburg Man Pleads Guilty to Role in Fentanyl, Heroin, Crack and Cocaine ConspiracyRead the Press Release
BOSTON – A Fitchburg man pleaded guilty yesterday in federal court in Worcester for his role in a wide-ranging fentanyl, heroin, crack and cocaine trafficking conspiracy.
Pablo Vidarte Hernandez, 48, pleaded guilty to conspiracy to distribute and to possess with intent to distribute one kilogram or more of heroin, 400 grams or more of fentanyl, 280 grams or more of cocaine base (commonly known as crack cocaine) and 500 grams or more of cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 19, 2022. Vidarte Hernandez was charged along with 17 others in July 2020.
According to court documents, following a fatal fentanyl overdose in September 2018, law enforcement began an investigation into a drug trafficking organization (DTO) in the Fitchburg area led by co-conspirators Pedro Baez and Anthony Baez. Beginning in July 2019, electronic communications revealed that Vidarte Hernandez and others distributed a fentanyl and heroin mixture on a regular basis to individuals in the Fitchburg area, including to Pedro and Anthony Baez, who redistributed that mixture to others.
Over the course of the investigation, agents seized over 1.8 kilograms of a heroin and fentanyl mixture, over 3.6 kilograms of cocaine and over 50 grams of crack cocaine, as well as a stolen, loaded handgun, drug manufacturing equipment and over $376,000. Vidarte Hernandez was responsible for distributing over a kilogram of a fentanyl and heroin mixture.
Vidarte Hernandez is the sixth defendant to plead guilty in the case. In December 2020, Anthony Baez was sentenced by Judge Hillman to 13 years in prison. Pedro Baez pleaded guilty on Feb. 3, 2021 and is scheduled to be sentenced on Jan. 18, 2022.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement today. Assistant U.S. Attorney Alathea Porter of Mendell’s Narcotics & Money Laundering Unit is prosecuting the case.
The operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The Fitchburg Police Department, U.S. Postal Inspection Service and the Lunenburg Police Department also provided valuable assistance. Assistant U.S. Attorney Alathea Porter of Mendell’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Chicago Man in Connection with Violent Carjacking in ChicagoRead the Press Release
CHICAGO — A Chicago man who carjacked a vehicle at gunpoint in the city’s Edgewater neighborhood has been found guilty of federal carjacking and weapons offenses.
The jury in U.S. District Court in Chicago on Friday convicted JAMAR JARVIS, 21, of carjacking and brandishing a firearm in connection with a carjacking. The firearm charge carries a mandatory minimum sentence of seven years in federal prison and a maximum of life, while carjacking is punishable by up to 15 years. U.S. District Judge Matthew F. Kennelly scheduled sentencing for Dec. 13, 2021, at 1:30 p.m.
The verdict was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and David Brown, Superintendent of the Chicago Police Department. The Cook County State’s Attorney’s Office provided valuable assistance. The government is represented by Assistant U.S. Attorneys Michelle Kramer and Albert Berry III.
On Oct. 18, 2018, Jarvis and two others – RAYNELL LANFORD, 21, and JAMAAL ASHSAHEED, 22, both of Chicago – forcibly took a Lexus sport-utility vehicle from a victim at gunpoint. JAVION BUSH, 21, of Chicago, provided assistance to the others after the carjacking. After taking the Lexus, Jarvis, Lanford, Ashsaheed, and Bush drove it to a gas station in the South Loop neighborhood of Chicago, where they purchased gas and a gas can. CPD officers later arrested them.
Lanford and Ashsaheed have pleaded guilty to carjacking and weapons offenses, and Bush pleaded guilty to being an accessory after the fact.
Federal Grand Jury Indicts Nine Individuals on Drug Trafficking ChargesRead the Press Release
INDIANAPOLIS – A federal grand jury in Indianapolis returned indictments charging nine people with various charges including several counts of distribution of controlled substances, money laundering, and possession with intent to distribute controlled substances.
At the end of 2020, the FBI and the IRS-CI started an investigation on possible drug dealing and money laundering activities being conducted in Indianapolis. During the investigation, agents discovered that individuals from California and Mexico were sending methamphetamine, cocaine, and fentanyl to an individual in Indianapolis. The person in Indianapolis, along with others would then sell the drugs in the Indianapolis area and send money back to California. Over $780,000 was exchanged during this investigation.
During the arrests, search warrants were also executed at various locations. In total, 15 handguns, 3 rifles, 2 shotguns, $42,000, 274 grams of cocaine and 150 pounds of marijuana were seized. Four vehicles were also seized.
Those charged are as follows:
- Martin Herrera-Diaz Jr., 29, Indianapolis, money laundering, possession with intent to distribute controlled substances.
- Sandra Herrera, 22, Indianapolis, money laundering.
- Jerzon Herrera, 28, Indianapolis, money laundering, distribution of cocaine.
- Antonio Partida-Chavez, 29, Mexico, five counts of distribution of controlled substances.
- Andy Partida-Chavez, 25, Indianapolis, distribution of controlled substances.
- Brandon Vidal, 27, Indianapolis, distribution of controlled substances.
- Miriam Rodriguez Arguello, 32, Indianapolis, distribution of controlled substances.
- Eric Martinez, 25, Indianapolis, distribution of controlled substances.
- Arnoldo Gonzalez Chavez, 23, Indianapolis, distribution of controlled substances.
If convicted, those charged with money laundering face up to 20 years imprisonment, $250,000 fine and up to 3 years supervised release. If convicted, those charged with distribution of controlled substances face 10 years to life imprisonment, $10,000,000 fine, and not less than 5 years supervised release. Jerzon Herrera also faces an additional 20-year imprisonment, $1,000,000 fine and not less than 3 years supervised release for his distribution of cocaine charge. Martin Herrera-Diaz Jr. also faces an additional 10 years to life imprisonment, $10,000,000 fine, and no less than 5 years supervised release for the possession with intent to distribute a controlled substance. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney John E. Childress of the Southern District of Indiana, FBI Indianapolis Special Agent in Charge Paul Keenan, and Acting Special Agent in Charge Tamera Cantu of IRS-CI’s Chicago Field Office made the announcement.
The case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service Criminal Investigation.
Assistant United States Attorney Michelle P. Brady is prosecuting the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF)
investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.