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29 October 2021
Convicted Corporate Securities Fraudsters Sentenced to 22 and 12 Months in PrisonRead the Press Release
SAN FRANCISCO – Nathaniel A. Brown and Benjamin J. Wylam and were sentenced to 22 months and 366 days in prison, respectively, for their separate roles in a scheme to engage in transactions in corporate securities using material nonpublic information about Sunnyvale-based Infinera Corporation (“Infinera”), announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. The sentences were handed down by the Honorable Edward M. Chen, United States District Judge, following their guilty plea.
Brown, 49, and Wylam, 42, both of San Jose, Calif., pleaded guilty to the charges in separate plea agreements on July 14, 2021. Further, in a related case, on March 31, 2021, Naveen Sood, 49, of Campbell, Calif., signed a written agreement in connection with submitting his guilty plea.
According to Brown’s plea agreement, Brown admitted that, between 2011 and 2017, he was employed as a Senior Revenue Manager at Infinera. The technology company’s common shares were registered pursuant to Section 12(b) of Securities Exchange Act of 1934 and publicly traded on the NASDAQ Stock Market under the ticker symbol INFN. During Brown’s employment at Infinera, he was regularly privy to material nonpublic information about Infinera’s financial performance and financial projections. Beginning in or about April 2016 and continuing until the termination of his employment from Infinera in November 2017, Brown admitted that he regularly shared material nonpublic information that he obtained during his employment with Wylam. Brown admitted he knew Wylam intended to, and did, use the material nonpublic information to purchase Infinera securities in advance of Infinera’s quarterly public earnings announcements.
According to Wylam’s plea agreement, Wylam admitted that between April 2016 and November 2017, he obtained material nonpublic information about Infinera, and then engaged in transactions in Infinera securities. Wylam admitted that he obtained this material nonpublic information directly from Brown. As with Brown, Wylam admitted Infinera’s common shares were registered pursuant to section 12(b) of Securities Exchange Act of 1934 and publicly traded on the NASDAQ Stock Market under the ticker symbol INFN. Wylam acknowledged the gross gains he made from trading based on material nonpublic information belonging to Infinera that he received from Brown amounted to approximately $999,959.
The plea agreements further revealed the steps Brown and Wylam took to conceal their actions and relationship. Both men admitted to having begun using the messaging application WhatsApp to communicate with each other because of its encrypted communications and as an extra measure to conceal the facts that Brown was providing Wylam with material nonpublic information and that the two were friends. Both men admitted that Wylam also “unfriended” Brown on Facebook to achieve these ends.
According to Sood’s plea agreement, Sood admitted he used his own and another person’s brokerage accounts to execute trades based upon material nonpublic information and that he acquired no less than $215,000 in criminal proceeds from violations of the law that are described in his plea agreement.
Brown, Wylam, and Sood each were charged with one count of securities fraud, in violation of 18 U.S.C. § 1348, and each defendant pleaded guilty to the count.
During Brown’s and Wylam’s sentencing proceedings, in addition to prison terms, Judge Chen also ordered forfeiture money judgments against the two defendants. As to Wylam, the court ordered a forfeiture money judgment in the amount of $999,000; as to Brown, the court ordered a forfeiture money judgment in the amount of $30,000. In addition, both defendants were ordered to serve a three-year term of supervised release to begin after their prison term. The defendants will begin serving their prison terms on or before January 10, 2022.
Judge Chen scheduled Sood’s sentencing for December.
Assistant U.S. Attorney Kyle Waldinger of the Special Prosecutions Section of the United States Attorney’s Office for the Northern District of California is prosecuting the case with assistance from Kathy Tat. This case was investigated by the FBI. The Department of Justice appreciates the assistance of the Securities and Exchange Commission.
Connecticut Man Sentenced to 87 Months in Prison for Stolen Firearms Offenses and Making False StatementsRead the Press Release
BOSTON – A Connecticut man was sentenced today in federal court in Springfield in connection with stealing 17 firearms from a West Springfield gun shop and making false statements to federal agents.
Christian Castro, 31, of New Britain, Conn., was sentenced by U.S. District Court Judge Mark G. Mastroianni to 87 months in prison and three years of supervised release. On May 14, 2021, Castro pleaded guilty to one count each of theft of a firearm from a Federal Firearms Licensee; being a felon in possession of firearm; interstate transportation of a stolen firearm; receipt, possession, concealment, storage, barter, sale, or disposition of a stolen firearm in interstate commerce; and making false statements to a federal official.
Shortly after midnight on or about Aug. 29, 2020, Castro and co-defendant Fernando Rivera engaged in a crime spree in Vermont, New Hampshire and Massachusetts that included seven ATM thefts or attempted thefts and culminated in the theft of 17 firearms from a federal firearms licensee in West Springfield. At the time of his offenses, Castro was on state probation and had two prior convictions in Connecticut for larceny and possessing narcotics with intent to distribute.
On Sept. 18, 2020, federal agents arrested Castro and Rivera at their homes in Connecticut. During his interview with investigators, Castro admitted that he drove to and from several ATM robberies and the gun store robbery, but falsely stated he never received, kept or even touched any of the stolen guns. However, during a search of Rivera’s phone, investigators learned that Castro had received at least one of the stolen firearms and that he and Rivera traveled to New York City to sell at least three others to another felon whom Castro had met in a Connecticut prison.
On May 5, 2021, Rivera pleaded guilty to similar charges and is scheduled to be sentenced on Nov. 5, 2021.
Acting United States Attorney Nathaniel R. Mendell and James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division made the announcement. Special assistance was provided by the Massachusetts State Police; Springfield, Hadley, West Springfield, New Britain (Conn.) and Middletown (Conn.) Police Departments; Connecticut State Police; Connecticut Department of Correction; and Connecticut Judicial Branch Adult Probation. Assistant U.S. Attorney Steven H. Breslow of Mendell’s Springfield Branch Office prosecuted the case.
Clay County Woman Sentenced to Prison for Defrauding FEMARead the Press Release
HUNTINGTON, W.Va. – Rebecca F. Bragg, 37, was sentenced to one month in federal prison for fraud in connection with major disaster or emergency benefits. Bragg will also serve a three year term of supervised release, seven months of which will be served on home confinement. She also paid $4,900 in restitution to FEMA.
According to court documents, in June 2016, at the time of a major flood, Bragg resided in a home in Procious, Clay County, that was owned by her husband’s parents. On June 26, 2016, Bragg applied to the U.S. Department of Homeland Security’s Federal Emergency Management Agency (FEMA) for both personal and rental assistance for the Procious residence. As a result of her application for rental assistance, Bragg received $2,472 from FEMA. Initially FEMA deemed Bragg ineligible for home repair assistance because she had not proven she owned the home at the time of the flood. On July 20, 2016, through her previous employer, Bragg applied for and obtained home insurance for the Procious residence, wherein she falsely claimed she was the home owner. On August 9, 2016, from her previous employer’s office in Spencer, Roane County, Bragg faxed to FEMA the home insurance policy that listed her as the property owner. As a result of Bragg’s false statements and misrepresentations, she received $4,900.85 in home repair benefits from FEMA.
United States Attorney William S. Thompson made the announcement and commended the investigative efforts of the Department of Homeland Security - Office of Inspector General and the West Virginia Commission on Special Investigations. Assistant United States Attorney Kathleen Robeson handled the prosecution.
United States District Judge Irene C. Berger imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00103.
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Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty to a federal gun crime.
According to statements made in court, Emmanuel Lamont Covington, 30, pawned a stolen derringer pistol at a local pawn shop. Covington admitted to possessing the firearm and pawning it to pay bills, and also admitted to knowing that he was prohibited from possessing a firearm as a result of having a prior felony conviction. Covington was convicted of a felony drug conspiracy in 2016.
Morris pleaded guilty to being a felon in possession of a firearm and faces up to 10 years in prison when he is sentenced on February 17, 2022.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant United States Attorney Julie M. White is handling the prosecution.
United States District Judge Irene C. Berger presided over the hearing.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00128.
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Capitol Heights Narcotics Dealer Pleads Guilty to Federal Drug Distribution and Firearms ChargesRead the Press Release
Greenbelt, Maryland – Larry Francis Newman, Jr., age 37, of Capitol Heights, Maryland, pleaded guilty today to possession with intent to distribute controlled substances and possession of a firearm in furtherance of drug trafficking.
The guilty plea was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Malik Aziz of the Prince George’s County Police Department.
According to his guilty plea, on September 5, 2018, law enforcement executed a search warrant at Newman’s Capitol Heights, Maryland residence. As a result of the search warrant, officers recovered a loaded .45 caliber semi-automatic pistol, 28.22 grams of crack cocaine divided into 547 individual baggies, 40.19 grams of cocaine, 106 vials of PCP, a bottle containing 21.71 grams of PCP, several empty vials containing PCP residue, and a digital scale from Newman’s bedroom.
Newman knowingly possessed the crack cocaine, cocaine, and PCP with the intent to distribute them. Newman possessed the loaded firearm in furtherance of his drug trafficking activities.
Newman and the government have agreed that, if the Court accepts the plea agreement, Newman will be sentenced to between 61 months and 96 months in federal prison. U.S. District Judge George J. Hazel has scheduled sentencing for March 16, 2022 at 10 a.m.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the ATF and PGPD for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorneys Elizabeth Wright and Michael Morgan, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Canton Man Sentenced to 25 Years for Sexually Exploiting a Child and Distributing and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Jacob Leonard, age 31, of Canton, New York, was sentenced yesterday to serve 25 years in federal prison for sexually exploiting a child and distributing and possessing child pornography, announced United States Attorney Carla B. Freedman; 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.
As part of his previous guilty plea, Leonard admitted that he sexually exploited a minor child and focused the camera of his cellular telephone on the victim’s vaginal area for the purpose of producing a visual depiction of the victim’s genitals. A week later Leonard sent that digital picture to another individual using a social media messaging application over the internet. A subsequent search of Leonard’s cellular telephone revealed that he was also in possession of 33 images and 18 video files depicting child pornography including videos depicting the sexual abuse of infants.
Chief United States District Judge Glenn T. Suddaby also imposed a 25 year term of supervised release, which will start after Leonard is released from prison, and ordered Leonard to pay a $300 special assessment. Leonard will also be required to register as a sex offender.
Leonard’s 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 was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Camden County Woman Admits Witness TamperingRead the Press Release
CAMDEN, N.J. – A Camden County, New Jersey, woman today admitted attempting to bribe a witness to steal a gun from a car that was in the custody of the Camden County Police Department, pending the execution of a search warrant, Acting U.S. Attorney Rachael A. Honig announced.
Saidah A. Davis, “Sacha,” 41, of Woodlynne, New Jersey, pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an indictment charging her with witness tampering.
According to documents filed in this case and statements made in court:
Davis admitted that on April 16, 2021, she and codefendant Anthony D. Parker, aka “Papa Smurf,” 37, of Camden, went to the home of an individual who she knew worked at a Camden tow lot that impounded vehicles that were seized by the Camden County Police Department for criminal investigations. Davis, an acquaintance of a relative of the tow lot employee, explained that Parker had a problem, and she asked the employee if he could help Parker. Parker said that his vehicle had been seized by the police pending a search warrant application, and that there was a gun and cash inside the vehicle. Parker offered the tow lot employee $2,000 to break into the vehicle and remove the gun and cash. The tow lot employee refused the bribe, and Davis took the employee’s phone number and said, “we’ll be in touch.”
Parker is charged by indictment with witness tampering and possession of a firearm by a previously convicted felon. His trial is scheduled for Nov. 29, 2021.
The witness tampering charge carries a statutory maximum of 20 years in prison and a potential $250,000 fine, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing for Davis is scheduled for March 3, 2022.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Acting Special Agent in Charge Brian Herrick in Philadelphia; the Camden County Prosecutor’s Office, under the direction of Acting Prosecutor Jill S. Mayer; and officers of the Camden County Police Department, under the direction of Chief Gabriel Rodriguez; with the investigation leading to the indictment.
The government is represented by Assistant U.S. Attorney Kristen M. Harberg of the Criminal Division in Camden.
The charges and allegations against Parker are merely accusations, and he is presumed innocent unless and until proven guilty.
COVID-19 Task Force Nets Florida Duct Cleaning Company; Settles False Claims Act Allegations Relating to Improper Paycheck Protection Program LoanRead the Press Release
Miami, Florida – Sextant Marine Consulting LLC (Sextant), a Florida-based duct cleaning company, has agreed to pay $30,000 in damages and civil penalties to settle allegations that it violated the False Claims Act by obtaining more than one Paycheck Protection Program (PPP) loan in 2020. Sextant also repaid the duplicative PPP funds in full to its lender, relieving the U.S. Small Business Administration (SBA) of liability to the lender for the federal guaranty of approximately $170,000 on the improper loan.
Congress created the PPP in March 2020, as part of the Coronavirus Aid, Relief, and Economic Security (CARES) Act, to provide emergency financial support to the millions of Americans suffering the economic effects caused by the COVID-19 pandemic. The CARES Act authorized billions of dollars in forgivable loans to small businesses struggling to pay employees and other business expenses. Throughout 2020, PPP loan applicants were required to certify that they would not receive more than one PPP loan prior to Dec. 31, 2020. This settlement resolves allegations that Sextant applied for and received a second, duplicative PPP loan in 2020.
“When the Paycheck Protection Program was implemented over one year ago, our Office committed to protecting South Floridians from those trying to exploit the Covid-19 pandemic,” said Juan Antonio Gonzalez, United States Attorney for the Southern District of Florida. “Our work is not done. We will continue to hold accountable those who wrongfully obtain funds intended to help struggling small businesses survive the current health and economic crisis.”
“PPP loans were intended to provide critical relief to small businesses so that they could retain employees and keep their doors open,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “We will ensure that those who improperly obtain federally guaranteed PPP loans are held accountable.”
“The Paycheck Protection Program is intended to provide a lifeline to the nation’s small businesses and its employees” said Inspector General Hannibal “Mike” Ware of the SBA Office of Inspector General (OIG). “OIG will aggressively investigate allegations of wrongdoing in SBA’s pandemic response programs. I want to thank the Department of Justice for its dedication to achieving this settlement.”
“The settlement in this matter demonstrates the excellent results achieved through the combined efforts of SBA and the Department of Justice to uncover and forcefully respond to Paycheck Protection Program fraud,” said General Counsel Peggy Delinois Hamilton of the SBA Office of the General Counsel. “SBA is strongly committed to identifying and aggressively pursuing instances of fraud perpetrated by those taking advantage of SBA COVID-19 assistance programs.”
Wednesday’s civil settlement includes the resolution of a claim brought under the qui tam or whistleblower provisions of the False Claims Act by J. Bryan Quesenberry. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. Mr. Quesenberry will receive $4,500. The matter remains under seal as to allegations against entities other than Sextant.
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Southern District of Florida, the Civil Division’s Commercial Litigation Branch, Fraud Section, and the, with assistance from the SBA’s Office of General Counsel and Office of the Inspector General.
This matter was handled by Assistant U.S. Attorney James A. Weinkle of the Southern District of Florida and Trial Attorney Jared S. Wiesner of the Civil Division.
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.
Tips and complaints from all sources about potential fraud affecting COVID-19 government relief programs can be reported by visiting the webpage of the Civil Division’s Fraud Section, which can be found here. Anyone with information about allegations of attempted fraud involving COVID-19 can also 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.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
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Colorado Man Sentenced to Prison for Investment Fraud and Securities FraudRead the Press Release
Acting United States Attorney Bob Murray announced today that a Colorado man was sentenced to prison after pleading guilty to federal crimes arising from two schemes to defraud investors in Wyoming and around the country. On October 15, 2021, ROBERT WILLIAM MITCHELL, a.k.a. BOB MITCHELL, age 53, of Centennial, Colorado, was sentenced to serve a total of 65 months in federal prison by U.S. District Court Judge Alan Johnson in Cheyenne for mail fraud and conspiracy to commit securities fraud.
Mitchell previously pleaded guilty to mail fraud in connection with a scheme to defraud investors in a Wyoming natural gas production venture. According to court records, Mitchell solicited investments he claimed would be used to create a publicly traded, natural gas production company in Wyoming. Instead of developing any company or safeguarding the investors’ money as promised, Mitchell used the money to pay his personal expenses and to finance the scheme. Mitchell stole over $1.3 million dollars from about three dozen investors, most of whom lived in and around Gillette, Wyoming. For this crime, Mitchell was sentenced to 65 months in prison.
Mitchell also previously pleaded guilty to conspiracy to commit securities fraud in relation to the common stock of NuTech Energy Resources Inc. Specifically, Mitchell conspired to pump and dump NuTech stock. A “pump and dump” is a form of securities fraud where the conspirators manipulate demand for a stock and the stock’s price, and then sell their worthless shares of the stock to the public at the artificially high price. In this case, the conspirators bought control of a publicly traded shell company called EcoEmissions Solutions Inc. and changed the company’s name to NuTech Energy Resources, and the company’s stock was sold under the ticker symbol NERG. The conspirators released information online to create a false image for NuTech as a company located in Gillette that was operating gas wells in Wyoming using a patented technology. In reality, NuTech had no business, no revenue, and no paid employees in Wyoming or elsewhere. The conspirators used altered, backdated and forged documents to acquire 13 billion free-trading shares of NuTech common stock. The conspirators then artificially inflated the market price of NuTech common stock by manipulative trading and by releasing to the public false and misleading information about NuTech’s business prospects. When the market price increased based on this false information, the conspirators then sold their worthless NuTech shares to unwitting investors in the public market, including investors in Wyoming and around the world. For his part in this crime, Mitchell was sentenced to 60 months in prison. This sentence is to be served concurrent to the 65-month sentence for mail fraud.
Two of Mitchell’s co-conspirators, Justin Herman and Charles “Chuck” Winters Jr., were convicted on October 8, 2021, following a jury trial in Cheyenne of crimes arising from the NuTech pump-and-dump conspiracy. A third man, Florida attorney Ian Horn, was acquitted of charged fraud crimes but convicted of making a false statement to the grand jury during the investigation of the NuTech pump and dump. Herman, Winters, and Horn are scheduled to be sentenced by Judge Johnson in Cheyenne on January 5, 2022.
“The prison sentence imposed on Mr. Mitchell is a measure of justice for his victims,” said Acting United States Attorney Bob Murray, “and sends a clear message that criminals who defraud investors in Wyoming will be tracked down, prosecuted, and severely punished.”
“This sentence serves as a strong deterrent to anyone who considers using the U.S. Mail to further their criminal schemes,” said Ruth Mendonça, Inspector in Charge of the U.S. Postal Inspection Service’s Denver Division, which includes Wyoming. “Postal Inspectors never relent in their search for bringing justice to victims of deceptive scams like those perpetrated by Mr. Mitchell, and we’re glad that the victims in this case can rest assured Mr. Mitchell will serve prison time for his offenses,” said Mendonça.
This case was investigated by the U.S. Postal Inspection Service and the U.S. Department of Interior’s Office of Inspector General. Assistant United States Attorneys Eric Heimann and Thomas Szott prosecuted the defendants. The Criminal Prosecution Assistance Group of the Financial Industry Regulatory Authority (FINRA) assisted in the investigation and prosecution.Casper Man Sentenced in Conspiracy Involving Methamphetamine and FirearmsRead the Press Release
Acting United States Attorney Bob Murray announced today that JOSEPH ANTHONY HOOKER, age 29, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 20, 2021 for conspiracy to distribute methamphetamine and possession of firearms in furtherance of a drug trafficking crime. Hooker received 120 months on the drug count and 60 months consecutive on the gun count, for a total sentence of 180 months. In addition, the court ordered him to serve five years of supervised release, to pay $400 in restitution, and to pay a $200 special assessment.
Hooker was involved in bringing substantial amounts of methamphetamine into Casper from the Cheyenne, Wyoming area. Hooker would then redistribute the methamphetamine through numerous other people, largely in the Casper area. Hooker’s actions were significant, not only for the amount of methamphetamine involved, but also for the use of firearms throughout the conspiracy.
“We are determined to dismantle armed drug trafficking rings” said Acting United States Attorney Bob Murray. “Carrying a gun increases the already intolerable threat drug trafficking brings to the law-abiding citizens of our communities. That increased threat is reflected in this sentence by adding a consecutive term of five years in federal prison.”
This prosecution and related prosecutions were the result of a long-term investigation by the Wyoming Division of Investigation Central Enforcement Team. Hooker was prosecuted by Special Assistant United States Attorney Michael A. Blonigen.Casper Felon Sentenced on Drug Trafficking and Firearm ChargesRead the Press Release
Acting United States Attorney Bob Murray announced today that EVAN AUBREY ARMSTRONG, age 40 of Casper, Wyoming, was sentenced on October 21, 2021 by Federal District Court Chief Judge Scott W. Skavdahl, to 86 months for conspiracy to distribute methamphetamine and 60 months for carrying a firearm during and in relation to a drug trafficking crime. The sentences will run consecutively followed by five years of supervised release. The court also ordered Armstrong to pay $250 in community restitution and a $200 special assessment.
During the surveillance at his residence and a traffic stop, law enforcement discovered Armstrong, a previously convicted felon, was in possession of $1,700 in cash, 17.4 grams of methamphetamine on his person and a backpack with materials consistent with redistribution of methamphetamine. In addition, there was a loaded Glock 22 .40 caliber handgun next to him in the vehicle. A search of his residence unveiled additional methamphetamine and firearms.
“All the evidence in this case points to an ongoing criminal enterprise that involved large amounts of methamphetamine and illegal firearms,” said Acting United States Attorney Bob Murray. “The community of Casper should feel a little safer with one less violent criminal off the streets.”
This crime was investigated by the Wyoming Division of Criminal Investigation and the Casper Police Department. The case was prosecuted by Special Assistant United States Attorney Michael A. Blonigen.Bulgarian National Sentenced for ATM SkimmingRead the Press Release
BOSTON – A Bulgarian national was sentenced yesterday in connection with a scheme to create counterfeit ATM cards and to withdraw money from the bank accounts of unsuspecting customers.
Anatoli Mitrev, 34, was sentenced by U.S. District Court Judge Leo T. Sorokin to 19 months in prison and was ordered to pay $199,624 in restitution. On Aug. 16, 2021, Mitrev pleaded guilty to conspiracy to commit access device fraud.
Mitrev and co-conspirator Georgi Kanev installed skimmers and cameras on two Martha’s Vineyard Savings Bank ATMs over a period of approximately four weeks in July and August 2013. The devices allowed the defendants to obtain magnetic strip information from ATM customers as well as obtain their PIN numbers. The information was then used to create counterfeit ATM cards to withdraw funds from the compromised accounts.
In May 2021, Judge Sorokin sentenced Kanev to 30 months in prison, one year of supervised release and was ordered to pay restitution of $199,624.
Acting United States Attorney Nathaniel R. Mendell and Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement today. Valuable assistance was provided by the Edgartown Police Department and the Oak Bluffs Police Department. Assistant U.S. Attorney Mackenzie A. Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Bond Denied for Chinese Businessman Charged in South Florida Federal Court with Visa FraudRead the Press Release
Miami, Florida – A 57-year-old Chinese businessman who is charged in a federal grand jury indictment with entering the United States using fraudulently-obtained visas will remain behind bars pending trial in Miami.
Jianxiang Shi was arrested this week at a convention in Las Vegas, Nevada where he was promoting a cryptocurrency venture. He made his first federal court appearance yesterday before a magistrate judge in Las Vegas. During the appearance, the federal magistrate judge ordered Shi detained pending his trial in Miami, finding that Shi presents a risk of flight if released. Future court proceedings will occur in the Southern District of Florida.
According to the superseding indictment unsealed yesterday, Shi lied in order to obtain two non-immigrant visas, which he then used to enter the United States, at Miami International Airport, in 2016. Shi represented in both applications that he had never used another name when, in fact, he had an alternate identity and travel documents under the name “Long Niu,” it is alleged. Shi used travel documents with the Long Niu identity to enter the United States in February 2017, and has been living in California and Nevada as “Morgan Shi” since leaving China, prosecutors alleged during yesterday’s court hearing.
The superseding indictment charges Shi with two counts of fraud and misuse of United States nonimmigrant visas. If convicted, he faces up to 10 years in federal prison and a fine of up to $250,000.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida, and Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service (DSS), made the announcement.
DSS investigated this matter with assistance from the Drug Enforcement Administration, Special Operations Division (DEA-SOD). Assistant U.S. Attorney Will J. Rosenzweig is prosecuting the case. Assistant U.S. Attorney William Zloch is handling asset forfeiture.
A superseding indictment is only an accusation and defendants are presumed innocent unless and until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-20421.
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Bloomington Physician Charged with Fifteen Counts of Unlawful Dispensing and Distributing of a Controlled SubstanceRead the Press Release
PEORIA, Ill. – A federal grand jury indicted a Bloomington, Illinois, doctor, Richard Sabbun, 61, on September 21, 2021, for allegedly unlawfully dispensing and distributing controlled substances from February 3, 2017 through February 6, 2020, in McLean County and elsewhere within the Central District of Illinois. The indictment was unsealed on October 28, 2021, during Sabbun’s initial appearance in federal court in Peoria, Illinois.
The indictment alleges that Sabbun was employed as an emergency room physician during the relevant time period. As part of his employment, Sabbun received a “DEA Number” that allowed him to write prescriptions for controlled substances. A valid prescription must be signed and issued by an authorized physician in the usual course of professional practice and for legitimate medical purpose. Each of the fifteen counts against Sabbun allege that he provided prescriptions for controlled substances that were outside the scope of professional practice and not for a legitimate medical purpose.
Sabbun was released on bond, and his next court appearance is set for December 15, 2021.
If convicted, the maximum statutory penalties for each count charged are up to 40 years of imprisonment, a $5,000,000 fine, and four years of supervised release. Special assessments also apply.
Agencies participating in the investigation include the Drug Enforcement Administration. Assistant U.S. Attorney Douglas F. McMeyer is representing the government in the prosecution.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Beckley Man Sentenced to Seven Years in Prison for Heroin DistributionRead the Press Release
BECKLEY, W.Va. – A Beckley man was sentenced today to seven years in prison for distribution of heroin.
According to court documents and statements made in court, Greg Anthony Waters, Jr., 27, sold approximately 3.5 grams of heroin to a confidential informant working with law enforcement on January 9, 2020. Waters admitted to meeting the informant in Beckley to sell the drugs. Waters also admitted to selling cocaine base, heroin and fentanyl on several other occasions between January 9, 2020 and September 18, 2020. Multiple firearms were seized by law enforcement during a search of Waters’ apartment on September 30, 2020. Waters admitted that he was prohibited from possessing the firearms due to a prior felony conviction in Illinois.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit, which is comprised of officers from the Raleigh County Sheriff’s Department, the Beckley Police Department and the West Virginia State Police.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Timothy D. Boggess handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00012.
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Austin Construction Company and Owner Settle False Claims Act AllegationsRead the Press Release
AUSTIN – U.S. Attorney Ashley C. Hoff of the Western District of Texas announced today that Muniz Concrete and Contracting, Inc. (“Muniz Concrete”) and its owner, Jose Juan Muniz, have agreed to pay $188,879.59 to resolve allegations they violated the False Claims Act by falsely certifying their compliance with certain requirements of the Department of Transportation’s Disadvantaged Business Enterprise (“DBE”) program.
The DBE program is designed to remedy ongoing discrimination and the continuing effects of past discrimination in federally assisted highway, transit, airport, and highway safety financial assistance transportation contracts. Only small businesses that are owned and controlled by socially and economically disadvantaged individuals may participate in the program.
The United States alleged that Jose Muniz was no longer “economically disadvantaged” beginning in 2017, when his personal net worth exceeded the threshold to qualify as a DBE. According to the United States, Jose Muniz made several false certifications concerning his personal net worth after 2017 so that Muniz Concrete could obtain federally assisted DBE contracts awarded by the City of Austin and the Capital Metropolitan Transit Authority.
The civil settlement of these allegations includes the resolution of claims brought under the qui tam provisions of the False Claims Act by Mark Williamson. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States ex rel. Williamson v. Muniz Concrete & Contracting, Inc., et al., 1:20-cv-00530-LY (W.D. Tex.).
Assistant U.S. Attorney Thomas Parnham represented the United States in this matter, with the assistance of the Department of Transportation’s Office of Inspector General and the Commercial Litigation Branch of the Department of Justice’s Civil Division.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Attorney General Merrick B. Garland Restores the Office for Access to JusticeRead the Press Release
U.S. Attorney General Merrick B. Garland today announced the restoration of a standalone Office for Access to Justice within the Justice Department dedicated to improving the federal government’s understanding of and capacity to address the most urgent legal needs of communities across America.
“Making real the promise of equal justice under law was the founding principle of the Department of Justice and is the mission for which it must always stand,” said Attorney General Garland. “There can be no equal justice without equal access to justice. And because we do not yet have equal access to justice in America, the task before us is urgent.”
Today’s announcement is the first step in the Attorney General’s phased strategic plan to restore and expand the emphasis on access to justice within the department and throughout the federal government. The plan, which was submitted to the President last month, resulted from a strategic review process launched by the Attorney General in May, which engaged a wide range of stakeholders across all levels of government and beyond nationwide – including civil legal aid and public-defender organizations; pro bono practitioners; bar associations; data scientists; and leaders in environmental justice, economic justice and immigration reform. The review revealed that longstanding justice gaps in our country have been exposed and exacerbated by COVID-19. It identified a clear and immediate need for the restoration of a standalone office within the Justice Department dedicated to the mission of closing those gaps.
“As the only agency in our federal government that bears the name of a value, the Justice Department has a unique charge,” said Associate Attorney General Vanita Gupta. “Justice exists only if it is accessible to all. For this reason, the Attorney General’s decision to rebuild the Office for Access to Justice and expand our efforts to remove the barriers to equal justice under law is a critical step.”
In addition to restoring the Office for Access to Justice within the Justice Department, in his capacity as co-chair of the Legal Aid Interagency Roundtable (Roundtable), Attorney General Garland also released the Roundtable’s 2021 report together with White House Counsel Dana Remus. The Roundtable, which the President reconvened earlier this year, brings together more than two dozen federal departments and agencies across the federal government to address the most pressing legal services challenges that low-income communities, communities of color, and many others across our country face today. The report released today details efforts across the federal government to drive innovation and expand access to justice during the COVID-19 pandemic.
Anchorage Businessman Agrees to Pay $397,990 for COVID-Relief Loan FraudRead the Press Release
ANCHORAGE – An Anchorage businessman has entered into a global resolution with the Office of the United States Attorney for the District of Alaska to resolve federal investigations into his fraudulently obtaining $164,000 in small business loans and advances under the Coronavirus Aid, Relief and Economic Security (CARES) Act. The global resolution includes a criminal non-prosecution agreement and civil settlement agreement.
According to the settlement documents, Robert Gross, 65, submitted fraudulent and misleading information to obtain Economic Injury Disaster Loan Program (EIDL) loans and advances, a source of relief under the CARES Act. While applying for the EIDL program between April 6 and September 3, 2020, Gross made false statements about the revenue, number of employees and related wages of the six entities in which he had ownership interests, specifically:
- Glacier State Services, Inc.
- Bistro IT, LLC
- RB Enterprises, LLC
- Meritage Management Co.
- AK Denali Group, LLC
- 32 Mile Investments, LLC.
As part of the criminal non-prosecution agreement, Gross admitted making fraudulent statements and agreed to terms in lieu of criminal prosecution. In the civil settlement agreement, Gross agreed to repay the loans in full, plus damages in the amount of $242,990 to the United States.
“During a global pandemic, the defendant took advantage of aid programs designed as a lifeline providing critical relief for hardworking people in our communities impacted by COVID,” said Acting U.S. Attorney Bryan Wilson, District of Alaska. “Our office is committed to working with our law enforcement partners to hold accountable individuals who exploit the CARES Act.”
“Making false statements to fraudulently gain access to SBA program funds is deplorable,” said SBA Office of Inspector General’s Western Region Special Agent in Charge Weston King. “SBA OIG will relentlessly pursue evidence of fraud against SBA’s programs aimed at assisting the nation’s small businesses struggling with the pandemic challenges. I want to thank the U.S. Attorney’s Office for its leadership and dedication to pursuing justice.”
“While small businesses across the nation, including here in Alaska, continue to suffer due to the ongoing pandemic, the defendant chose to exploit the relief programs designed to help businesses in time of need,” said Special Agent in Charge Antony Jung of the FBI Anchorage Field Office. “The FBI and our federal partners will continue to work closely to detect and hold accountable those who take advantage of public health emergencies.”
The Federal Bureau of Investigation (FBI) and the U.S. Small Business Administration (SBA), Office of Inspector General, Western Regional Office investigated the case.
Assistant U.S. Attorneys John Fonstad and Michael Heyman prosecuted the case.
Anyone with information about attempted fraud involving COVID-Relief can report it to the Department of Justice by calling the National Center for Disaster Fraud Hotline at 866-720-5721 or filing an online complaint form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The EIDL program is designed to provide economic relief to small businesses that are experiencing a temporary loss of revenue. EIDL program funds can be used to cover a wide array of working capital and normal operating expenses. The CARES Act was enacted on March 27, 2020, to provide emergency assistance to individuals, families and businesses affected by the coronavirus pandemic. Among other things the CARES Act simplified the EIDL program application process and allocated additional funding to the EIDL program.
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Albuquerque man appears in court on robbery chargesRead the Press Release
ALBUQUERQUE, N.M. – Thomas Kelly Fadgen, 41, of Albuquerque, made an initial appearance in federal court on Oct. 28 facing charges of bank robbery and interfering with commerce by threats or violence. Fadgen will remain in custody pending a detention hearing scheduled for Nov. 1.
According to a criminal complaint, on Aug. 31, Fadgen allegedly entered a Walmart on Wyoming Boulevard in Albuquerque and approached the money services counter. He allegedly placed an orange bag on the counter, along with a demand note with which the service counter clerk complied. Fadgen allegedly fled the scene, leaving the demand note behind.
On Oct. 5, Fadgen allegedly entered the First Convenience Bank inside the Walmart on Carlisle Boulevard in Albuquerque. He allegedly presented a demand note to a teller and lifted his shirt to display a handgun in the waistband of his pants. The teller complied and Fadgen allegedly fled the scene.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Fadgen faces up to 20 years in prison.
The FBI Violent Crimes and Gangs Task Force investigated this case with assistance from the Albuquerque Police Department and the New Mexico Corrections Department. Assistant U.S. Attorney Presiliano Torrez is prosecuting the case.
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200 kilograms of methamphetamine seized from Gwinnett County homeRead the Press Release
GAINESVILLE, Ga. - Almarud Duarte, David Garcia, Kevin Tello, and Eduardo Penaloza-Pacheco have been indicted for allegedly conspiring to sell methamphetamine by the kilogram. When law enforcement searched their residences, they seized approximately 200 kilograms of methamphetamine, the bulk of it coming from Garcia’s residence in Duluth.
“This case highlights the great work resulting from a partnership between federal law enforcement and state/local authorities,” said Acting U.S. Attorney Kurt R. Erskine. “We believe countless lives have been saved now that this meth is not plaguing our communities.”
“This is a significant amount of poison that will not make it into our communities, driving crime and violence,” said Special Agent in Charge Katrina W. Berger, who oversees Homeland Security Investigations (HSI) operations in Georgia and Alabama. “HSI and its law enforcement partners are committed to finding arresting and prosecuting everyone involved in this illicit trade.”
“Removing these four defendants from our streets for their alleged drug trafficking activity, immediately makes our communities safer,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI and our federal, state and local law enforcement partners work tirelessly to rid communities of dangerous drugs that threaten our citizens lives.”
“When investigations like these have such extraordinary outcomes, they make headlines, and rightly so,” said Hall County Sheriff Gerald Couch. “Drugs taken off the streets and criminals in jail can only make our communities safer. I do, however, want to commend our MANS Unit agents and assisting agencies for the extremely hard work they put into the case. Without these men and women, the headlines wouldn’t be possible.”
“The Georgia State Patrol will continue working collaboratively with our local, state, and federal partners in identifying and arresting people who purchase and distribute illegal drugs. This case represents teamwork among all the agencies involved and demonstrates law enforcement’s commitment to getting dangerous drugs off the streets of our communities,” said Lt. W. Mark Riley, Georgia Department of Public Safety, Georgia State Patrol.
According to Acting U.S. Attorney Erskine, the indictment, and other information presented in court: From May 2021 to August 2021, Almarud Duarte allegedly sold methamphetamine by the kilogram, shortly after obtaining the methamphetamine from Kevin Tello or David Garcia. On June 28, 2021, Eduardo Penaloza-Pacheco allegedly sold a kilogram of methamphetamine, shortly after obtaining the methamphetamine from Kevin Tello.
Almarud Duarte, 25, of Oakwood, Georgia, David Garcia, 40, of Duluth, Georgia, Kevin Tello, 26, of Lawrenceville, Georgia, and Eduardo Penaloza-Pacheco, 36, of Gainesville, Georgia, were indicted on October 26.2021. Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Federal Bureau of Investigation’s Safe Streets Task Force, the Gwinnett Metro Task Force, the DEA, the Hall County Multi-Agency Narcotics Squad, and the Georgia State Patrol.
Assistant U.S. Attorney Jennifer Keen is prosecuting the case.
This investigation 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.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
28 October 2021
Washington Man Sentenced to Almost Three Years for Making Interstate ThreatsRead the Press Release
PORTLAND, Maine: A former resident of Olympia, Washington was sentenced today in federal court for transmitting threatening interstate communications, U.S. Attorney Darcie N. McElwee announced.
U.S. District Judge Lance E. Walker sentenced Jesus W. Kong, 28, to a sentence of time served and one year of supervised release. Kong has been custody since his arrest on these charges in Olympia, Washington, on December 4, 2018. He pleaded guilty on May 26, 2021.
According to court records, Kong made several threatening and harassing posts on Facebook between about November 24, 2018, and January 22, 2019. In some of those posts, he threatened to harm employees of a Maine organization that provides services to individuals with disabilities. In other posts, he threatened a shooting at a Maine high school.
The FBI, the U.S. Secret Service, the Augusta Police Department, the Somerset County Sheriff’s Office and the Skowhegan Police Department investigated the case.
Washington D.C. Man Indicted for Unlawfully Possessing A FirearmRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Diego E. Aleman-Lozano, age 22, of Washington D.C., was indicted by a federal grand jury on October 27, 2021, with possession of a firearm and ammunition by a prohibited person.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment alleges that on September 27, 2021, in York County, Aleman-Lozano was in possession of a 9mm Self Made Firearm (SMF), Polymer80 Semi-Automatic Pistol, and various rounds of ammunition as a prohibited person.
The matter was investigated by Pennsylvania State Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Paul J. Miovas, Jr. is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty for possession of a firearm and ammunition by a nonimmigrant offense is 10 years of imprisonment, a term of 3 years of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Vallejo Man Sentenced to over 3 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — William Michael Nitschke, 52, of Vallejo, was sentenced today by U.S. District Judge Troy L. Nunley to three years and 10 months in prison for being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Feb. 22, 2019, Nitschke was found to be in possession of a Smith & Wesson 9 mm handgun. Nitschke has sustained multiple prior felony convictions and is prohibited from possessing a firearm.
This case was the product of an investigation by the Solano County Sheriff’s Office with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office. Assistant United States Attorney Adrian T. Kinsella prosecuted the case.
This case was brought as 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.
Ulster County Man Sentenced to 210 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK – Nicholas Rockwell, age 27, of Hurley, New York, was sentenced today to serve 210 months in prison for distributing, receiving and possessing child pornography.
The announcement was made by United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI)
As part of his previously entered guilty plea, Rockwell admitted that on October 11, 2019, he used a social media messaging application to send and receive numerous child pornography videos to another man over the Internet. Rockwell also admitted that at the time of his federal arrest on December 19, 2019, he possessed on his iPhone, and in two cloud-based storage accounts, approximately 2,000 images and videos depicting the sexual exploitation of children.
In additional to the term of imprisonment, Chief United States District Judge Glenn T. Suddaby imposed a 20-year term of supervised release, which will follow the term of incarceration, and ordered Rockwell to pay a total of $18,000 in restitution to six victims. Rockwell will also be required to register as a sex offender upon his release from prison.
This case was investigated by the FBI and prosecuted by Assistant U.S. Attorney Joshua R. Rosenthal as 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
U.S. Attorney's Office Launches "FED-UP,” a School-Based Program Addressing Gun ViolenceRead the Press Release
As part of an ongoing effort to address gun violence in Connecticut’s major cities, the U.S. Attorney’s Office, in conjunction with Project Longevity, Bridgeport Hospital, the Bridgeport Police Department and several community organizations, has developed “FED-UP: Working Together For A Safer Community,” a school-based anti-gun violence program.
FED-UP is designed to address and help stop increasing gun violence that is destroying the lives of students, their families and friends, and their community. Geared toward students in the 6th through 10th grades, the FED-UP presentation includes a representative from the U.S. Attorney’s Office presenting statistics on gun violence around the country and in the local community, and techniques that law enforcement use to investigate gun crimes; a hospital representative describing the trauma room, the victim experience, gunshot wounds, and statistics on death and survival; a parent or relative of someone who has been lost to gun violence; a formerly incarcerated person; and a representative from Project Longevity discussing community options and programs to lead students away from gun violence.
“FED-UP is a valuable program that teaches kids not only about the current state of gun violence in their community, of which they are well aware, but it encourages them to understand that what they are experiencing with gun violence is not normal or acceptable, that there is nothing wrong with being angry or scared by it, and that they can help put an end to it,” said Acting U.S. Attorney Leonard C Boyle. “We hope that FED-UP will stimulate students to engage, provide ideas on how to end gun violence, and learn about how their community can provide alternative, positive options.”
FED-UP launched in September in Bridgeport and, to date, the presentation has reached more than 500 students. Additional presentations in Bridgeport schools are scheduled through the remainder of the school year. FED-UP will soon be made available to schools in Hartford, New Haven and Waterbury. School administrators in those cities who would like to learn about FED-UP and schedule a presentation are encouraged to contact Assistant U.S. Attorney Jocelyn Courtney Kaoutzanis at [email protected] or 203-821-3700.
Two Men Indicted for Firearms TraffickingRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a single-count indictment today against Juan Manriquez, 20, of Antioch, and Andrew Tuma, 19, of Sacramento, charging them with unlawful manufacturing and dealing in firearms, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Tuma used the Snapchat app to advertise narcotics and guns for sale. Law enforcement used undercover officers and a confidential informant to buy guns from Tuma. Tuma is 19 years old and cannot legally purchase a gun in the state of California. Instead, Tuma ordered kits from the internet, including from a company called Polymer80, a licensed firearms manufacturer in Nevada, and manufactured his own firearms and then sold the guns. As part of the undercover investigation, law enforcement purchased firearms from Manriquez. Manriquez sold both commercially manufactured guns that had been converted to machine guns and privately made firearms without serial numbers (commonly called “ghost guns”).
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Western El Dorado Narcotics Enforcement Team. Assistant U.S. Attorney Justin Lee is prosecuting the case.
If convicted, Tuma and Manriquez face a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Two Members of the Violent Extremist Group “the Base” Each Sentenced to Nine Years in Federal Prison for Firearms and Alien-Related ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang today sentenced two members of the racially motivated violent extremist group “The Base” each to nine year in federal prison, followed by three years of supervised release for firearms and alien-related charges arising from federal charges in Maryland and Delaware. Judge Chuang found that, based on additional evidence presented by the government at a hearing on October 25, 2021, the defendants committed these crimes with the intent to promote federal terrorism crimes.
Brian Mark Lemley, Jr., age 35, of Elkton, Maryland, and Newark, Delaware, previously pleaded guilty to the Maryland charges of conspiracy to transport certain aliens, to transporting certain aliens, to disposing of a firearm and ammunition to an illegal alien, and to transporting a firearm and ammunition in interstate commerce with intent to commit a felony; and for the Delaware charges of harboring certain aliens, aiding and abetting an alien in possession of a firearm, and obstruction of justice.
Canadian national Patrik Jordan Mathews, age 29, recently of Newark, Delaware, previously pleaded guilty to the Maryland and Delaware charges of being an alien in possession of a firearm and ammunition; for the Maryland charge of transporting a firearm and ammunition in interstate commerce with intent to commit a felony; and for the Delaware charge of obstruction of justice.
A third co-defendant and member of “The Base,” William Garfield Bilbrough IV, age 21, of Denton, Maryland, previously pleaded guilty to conspiring to transport an alien and to transporting the alien, specifically, The Base member Patrik Mathews, and was sentenced to five years in federal prison.
Today’s sentences were announced by United States Attorney for the District of Maryland Erek L. Barron; United States Attorney for the District of Delaware David C. Weiss; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; and Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division.
“Lemley, Mathews and others in The Base were assembling firearms and collecting thousands of rounds of ammunition with the intent to commit violence in furtherance of white nationalism and the downfall of the American state” said United States Attorney Erek L. Barron. “Detecting, disrupting, and deterring terrorist threats continues to be a top priority of the Justice Department. The U.S. Attorney’s Office and our law enforcement partners will use all of the tools at our disposal to investigate and prosecute violent extremists.”
U.S. Attorney David C. Weiss stated, “Violence predicated on racial hatred lies at the core of the Base philosophy. Defendants embraced that philosophy and made preparations— through planning, training and manufacturing weapons—to execute that philosophy. These actions, designed to promote terror, deserve harsh punishment. Today’s sentence delivers that punishment.”
“Brian Lemley and Patrik Mathews betrayed their countries and forfeited their freedom when they conspired, with others, to attack and murder innocent civilians, children, police officers and federal agents. Today’s sentence ensures they never achieve those goals,” said Thomas J. Sobocinski, Special Agent in Charge of the FBI Baltimore Field Office. “Identifying and disrupting terrorist plots, both foreign and domestic, is one of the FBI’s top priorities, and the round-the-clock teamwork with our partners saved innocent lives and kept Lemley and Mathews’ endgame of civil war out of reach.”
“These individuals had a mission to terrorize and harm innocent people, and destroy infrastructure to cause chaos, all in an effort to advance their White nationalist beliefs. They spent months obtaining firearms and ammunition in preparation to execute it,” said ATF Baltimore Acting Special Agent in Charge L.C. Cheeks, Jr. “ATF is proud to be part of FBI’s Joint Terrorism Task Force where we can lend our expertise in firearms and explosives investigations to the greater goal of identifying and preventing violent extremism. Strong partnerships between local, state, and federal law enforcement agencies are crucial in ensuring we stop these individuals, no matter what state or jurisdiction they are in.”
According to court filings, Lemley, Mathews, and Bilbrough were members of The Base, a racially motivated violent extremist group. Since 2018, The Base has built a coalition of white supremacist members within the United States and abroad through, among other things, online chat rooms, in-person meetings, propaganda, and military-style training. The Base’s accounts on social media repeatedly posted content promoting terrorism, lone-wolf attacks, and a white ethno-state.
As detailed in their plea agreements, Lemley and Bilbrough traveled in Lemley’s vehicle to participate in a regional training camp conducted by members of The Base in Georgia from August 2 through August 4, 2019, including participating in tactical training and firearms drills. Later in August, Lemley and Bilbrough attended another The Base training camp in a different state.
As detailed in the plea agreements for Lemley and Mathews, on August 19, 2019, the Winnipeg (Canada) Free Press published an article regarding one of its reporter’s infiltration of The Base that led to the identification of Mathews as a member of The Base. Mathews then fled Canada and illegally entered the United States. At some point thereafter, Lemley and Bilbrough learned that Mathews had unlawfully crossed the border.
On August 30, 2019, Lemley and Bilbrough traveled in Lemley’s truck from Maryland to southern Michigan to pick up Mathews in order to transport him to the East Coast where he could safely reside and continue his participation in The Base. Lemley later drove Mathews to the area of Chincoteague, Virginia, in order to conceal Mathews’ presence in the United States.
On Saturday, September 14, 2019, Lemley traveled in his vehicle from his residence in Elkton, Maryland, to Chincoteague Island, Virginia, where he picked up Mathews. Lemley and Mathews then traveled south, through the Chesapeake Bay Bridge Tunnel to Rome, Georgia, in the vicinity of the residence of a known member of The Base. Approximately five hours later, Lemley departed for Maryland and Mathews stayed at the Georgia property.
According to court documents, on October 30, 2019, Lemley and Bilbrough drove to Georgia to attend a training camp at the property of another member of The Base. Mathews, who was already residing at the Georgia property, also attended the training camp. While in Georgia, on November 2, 2019, Lemley and Bilbrough purchased approximately 1,550 rounds of 5.56 ammunition. Later that day, Lemley, Mathews and Bilbrough traveled from Georgia to Maryland. The next day, Lemley and Mathews dropped Bilbrough off at his house and traveled to Elkton, Maryland, where Mathews spent the night at a motel a few minutes from Lemley’s residence. On November 4, 2019, Lemley and Mathews rented an apartment in Newark, Delaware, where they resided until their arrests on January 16, 2020.
As detailed in the government’s sentencing memorandum, on December 13, 2019, law enforcement agents executed a court authorized delayed-notification search warrant of the Delaware residence. Agents located Base propaganda flyers, notes suggesting that Mathews had vetted an applicant to The Base, a large number of military style Meals-Ready-to-Eat (“MREs”), and obtained images of electronic devices. Agents found several videos of Mathews espousing violent, anti-Semitic, and racist language. Many of the videos discussed killing people in furtherance of “the movement.”
Intercepted communications obtained from a court-authorized closed circuit television camera and microphone installed in the Delaware residence and other evidence showed that the defendants believed that a pro-firearms rally in Richmond, Virginia on January 20 , 2020, would begin the collapse of the United States government, which white nationalists often refer to as the Boogaloo. After the November 2019 state elections both chambers of the Virginia legislature and the Governor were controlled by elected representatives from the Democratic Party. The defendants believed that the Democrats intended to use their power to pass a variety of gun control and other legislation anathema to the white nationalist cause. The defendants believed that at the rally on January 20, they and other like-minded confederates would begin systematically murdering and destroying to force the capitulation and demise of the U.S. government. The evidence showed that the defendants began preparing for the Virginia violence weeks before the scheduled rally.
According to their plea agreements, on December 20, 2019, Mathews took steps to construct a rifle out of various weapons parts and watched a video on his phone that provided directions on constructing the rifle. Lemley and Mathews also discussed the rifle and parts that needed to be obtained to finish constructing the rifle. Lemley and Mathews admitted that they held and manipulated the rifle.
On December 21, 2019, the defendants discussed the Virginia plan. They wanted to “create f*****g some instability while the Virginia situation is happening,” “derail some rail lines,” “…shut down the highways,” “shut down the rest of the roads,” and “kick off the economic collapse of the US within a week after the Boog starts.” Lemley stated, “I mean even if we don’t win, I would still be satisfied with a defeat of the system…”
The evidence further showed that on December 23, 2019, the defendants discussed murdering a law enforcement officer in order to obtain additional gear for the Virginia plan. For example, after Lemley discussed with Mathews what a good shot he was, “My shot group my grouping at 300 yards is an inch and a half…,” Lemley stated, “Guy is the guy is just like sitting there he just parked in his in his car and sitting in his in his driver’s seat and not moving he’s just sitting there…An all I have to do is is plink him right through the f*****g windshield…and everything is now mine.”
As detailed in court documents, on December 25, 2019, the defendants discussed killing guards at the federal prison in Indiana where a convicted mass murderer was being held, in order to break that person out of jail.
On December 26, 2019, the defendants continued discussing how Base members should take out power lines in Virginia and kill “the system.” Specifically, Mathews wanted Base members to “get to every single thing you can take out---power lines, everything. We need to f*****g escalate this and spread that idea and just say ‘f*****g bring the system down.’ When Virginia happens, we f*****g kill the system.”
Lemley and Mathews acknowledged that on December 29, 2019, they discussed visiting a gun range to test fire the newly constructed rifle. On January 2, 2020, Lemley took the rifle from the apartment in Delaware to a public gun range in Maryland, where he was observed by an FBI agent. On January 5, 2020, Mathews and Lemley left the Delaware residence with at least one firearm and went to the same public gun range previously visited by Lemley. Prior to their arrival, the FBI had set up a stationary camera in a vehicle near the range and an ATF agent was in the vicinity of the range. Agents observed, and the camera recorded, Mathews in possession of, and firing a firearm. Lemley observed Mathews’ shots through an unattached rifle scope.
Lemley admitted that on January 7, 2020, he ordered approximately 1,500 rounds of 5.56 mm and 6.5 mm ammunition, which fit two rifles possessed by Lemley and Mathews. On January 11, 2020, Lemley drove Mathews from their Delaware residence to the Maryland gun range they had visited previously. Mathews admitted that while at the range, he handled and fired the rifle. On the way back to Delaware, the men stopped at Lemley’s prior residence in Elkton, where they retrieved some of the 1,500 rounds of ammunition Lemley had ordered on January 7. Mathews admitted that he knew he was an alien illegally present in the United States at the times he possessed the firearm and ammunition in Maryland and Delaware.
As detailed in court documents, that same day, the defendants told an undercover FBI employee about what was happening in Virginia and that they “expected 60,000 militia to show up in the capitol” on January 20, 2020 and that they were “rolling for chaos.” Lemley further stated, “It’s just that we can’t live with ourselves if we don’t get somebody’s blood on our hands…” Later that day Lemley stated, “If we’re not ambushing feds, and we’ve got nothing better to do, we might as well go disable that infrastructure…” Per Lemley, “I’ll be kind of like on the ground in Richmond. Not in the front, but way int eh back, just kind of looking at things, seeing how things are going, and if it turns into a shoot-out, I’ll immediately retreat from the city and then start organizing all the people that are going to come and respond.” Lemley established the Shenandoah valley as the base camp.
On January 15, 2020, Lemley and Mathews had an extensive conversation about Virginia, including the possibility of going to jail for their conduct. During the conversation, Mathews told Lemley, "Right now, if I ever get captured, I am going to jail for the rest of my life. You realize they’re just gonna call us terrorists…."
Early in the morning on January 16, 2020, federal agents executed federal arrest warrants on Lemley and Mathews at the Delaware residence. Before Lemley and Mathews submitted to the agents, however, Lemley repeatedly directed Mathews to smash his cell phone. Lemley and Mathews smashed their cell phones and dumped them into the toilet. Lemley and Mathews admitted that by doing so, they intended to obstruct or impede the administration of justice with respect to the investigation, prosecution, and sentencing of their offenses. Their activity was fully captured on video and audio surveillance equipment installed in the Delaware residence, pursuant to a federal court order. From the residence, agents recovered two firearms, ammunition, magazines, radios, camping gear, tactical gear, and MREs.
United States Attorney Erek L. Barron and United States Attorney David C. Weiss commended the FBI Baltimore Joint Terrorism Task Force (JTTF) and the ATF for their work in the investigation, and thanked U.S. Homeland Security Investigations, the Maryland Department of Natural Resources, the Maryland State Police, and the Delaware State Police for their assistance. Mr. Barron and Mr. Weiss thanked their offices’ national security prosecutors, who are handling the case.
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Troy Men Sentenced to Lengthy Prison Terms for Trafficking Kilograms of HeroinRead the Press Release
ALBANY, NEW YORK – Two men were sentenced today for conspiring to distribute kilograms of heroin that they acquired in New York City and sold on the streets of Troy, New York.
The announcement was made by United States Attorney Carla B. Freedman; Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division; and Rensselaer County Sheriff Pat Russo.
Mario Figueroa-Portalatin, age 41, of Troy, was sentenced to 151 months in prison, to be followed by 5 years of supervised release. Chief United States District Judge Glenn T. Suddaby also ordered him to forfeit $34,001 in drug trafficking proceedings and a Hi-Point model JHP .45 caliber pistol.
In pleading guilty, Figueroa-Portalatin admitted that for two years ending in March 2020, he sold at least 10 kilograms of heroin, which he acquired from a source of supply in New York City. From March 2018 to March 2020, he and co-conspirators traveled to New York City once a month, on average, and each time purchased between 500 grams and 1 kilogram of heroin that they brought back to Troy, packaged, and sold.
On March 30, 2020, Figueroa was the subject of a traffic stop in Troy. Police officers seized a black canvas bag, on the front passenger floorboard of his vehicle, that contained approximately 200 grams of heroin that Figueroa intended to sell that day to a customer.
Carlos Leon Rivera, age 63, of Troy, was sentenced to 87 months in prison, to be followed by 3 years of supervised release. Chief Judge Suddaby also ordered him to forfeit $7,150 in drug proceeds, a Ruger model EC9S, 9mm handgun, and a Glock 30 .45 caliber handgun.
In pleading guilty, Leon admitted to working with Figueroa to sell heroin in and around Troy, from January 2019 to March 2020. Leon admitted to regularly traveling to New York City,ere he would acquire at least 500 grams of heroin at a time from Figueroa’s source of supply. Leon also admitted that when DEA and other law enforcement searched his apartment on March 30, 2020, he possessed approximately 31 grams of heroin, 23.7 grams of fentanyl (in tablet form), and 60 grams of cocaine.
A third co-conspirator, Jose Leon Roldan, age 42, of Troy, pled guilty and is scheduled to be sentenced on December 8, 2021.This case was investigated by the DEA and the Rensselaer County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Tattoo Shop Owner Sentenced to Prison for Possessing Unlicensed Firearms at his BusinessRead the Press Release
PITTSBURGH, PA - A resident of McKeesport has been sentenced in federal court to 30 months of imprisonment, three years of supervised release, and a $10,000 fine on his conviction of possessing unlicensed firearms, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge J. Nicholas Ranjan imposed the sentence on Richard Watson, age 33, of McKeesport, PA.
According to information presented to the court, Watson possessed unregistered firearm silencers at his place of business, Omerta Ink in McKeesport. The Court also heard and relied upon evidence that Watson had engaged in the covert and unlawful manufacture and sale of firearms, including two home-milled, AR-style pistols, which were effectively untraceable ghost-guns.
Assistant United States Attorney Jeffrey R. Bengel prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Watson.
State Contractor Sentenced in $3 million Unemployment Fraud SchemeRead the Press Release
A Detroit woman was sentenced today to 58 months in federal prison after having pleaded guilty for her role in a multi-million dollar unemployment insurance fraud scheme aimed at defrauding the State of Michigan and the U.S. Government of funds earmarked for unemployment assistance during the COVID19 pandemic, announced Acting United States Attorney Saima Mohsin.
Joining in the announcement were Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General, Special Agent in Charge John R. Marengo, US Secret Service, Rodney Hopkins, Postal Inspector in Charge of the Detroit Division, Special Agent in Charge Timothy Waters, Federal Bureau of Investigation, Acting Special Agent in Charge Brian Thomas, Internal Revenue Service-Criminal Investigation and Liza Estlund Olson, former acting director of the Unemployment Insurance Agency.Brandi Hawkins, 40, was sentenced before United States District Judge Paul D. Borman. As part of her sentence, Judge Borman ordered Hawkins to pay restitution to the State of Michigan in the amount of $3,793,186.
According to court records, Brandi Hawkins was a contract employee for the State of Michigan Unemployment Insurance Agency. Her duties included reviewing, processing and verifying the legitimacy of unemployment insurance claims. Between April and June of 2020, HAWKINS worked with outside actors, known and unknown to law enforcement. Daily, those actors entered numerous false claims into the State of Michigan’s Unemployment Insurance Agency system, many of which were filed using stolen identities. These actors communicated with HAWKINS by cellular telephone calls and texts. HAWKINS accepted bribes in return for releasing many of these claims. HAWKINS used her insider access to fraudulently release payment on over seven-hundred claims, more than ten of which involved claims filed using stolen identities. HAWKINS’s actions resulted in the fraudulent disbursement of approximately $3.8 million of federal and state funds intended for unemployment assistance during the pandemic. Had every fraudulent claim released by HAWKINS been disbursed in full, the resulting loss of federal and state funds would have been over $12 million.
During the execution of a search warrant at Hawkins’ residence, over $200,000 in cash was seized. Hawkins used proceeds from her crimes to purchase high-end handbags and other luxury goods.
“Hawkins exploited the pandemic to defraud the State of Michigan and United States for her own personal gain,” said Acting US Attorney Mohsin. “This sentence should send a message to those who seek to divert funds intended for those in need during what has been a very difficult period of unemployment – you will be prosecuted”
“Hawkins used her position with the state of Michigan to steal millions from Michigan taxpayers and today’s sentencing should serve as a warning to anyone thinking of committing a similar crime.” stated Acting Special Agent in Charge Brian Thomas, IRS-Criminal Investigation, Detroit Field Office. “IRS-Criminal Investigation is steadfast in protecting Covid-19 Pandemic related programs geared toward assisting people and businesses in need.”
“Brandi Hawkins while employed as a contractor used her position to take advantage of the public and defraud the State of Michigan. She was able to manipulated the Michigan Unemployment Insurance Agency system for her and others’ personal gain. We will continue to work with our law enforcement partners throughout Michigan to bring criminals like Hawkins to justice,” said John R. Marengo, Special Agent in Charge, U.S. Secret Service, Detroit Field Office.
"Brandi Hawkins used her insider access as a State of Michigan contract employee to fraudulently disburse millions of dollars in Pandemic Unemployment Assistance benefits. Today's sentencing affirms the U.S. Department of Labor Office of Inspector General’s commitment to vigorously pursue those who steal funds intended for individuals who lost their jobs during the COVID-19 pandemic. We will continue to work with our federal and state partners to protect the integrity of unemployment insurance benefit programs," stated Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
"Brandi Hawkins used her position as a contractor with the state of Michigan to manipulate the unemployment insurance system to benefit herself and her co-conspirators," said Timothy Waters, Special Agent in Charge of the FBI's Detroit Division. "The FBI is proud to work with our law enforcement partners to hold wrongdoers accountable and to protect the integrity of vital federal assistance programs."
“Ms. Hawkins betrayed the trust given to her by her employer when she used her access to privileged information in a scheme to steal from the government and the people of Michigan. Today’s sentencing represents the commitment of law enforcement to bring those to justice who disrespect the rule of law, hurting the American public,” said Inspector in Charge Rodney M. Hopkins.
“People who willfully commit unemployment insurance fraud should know that the State of Michigan and the Unemployment Insurance Agency are serious about identifying and holding them accountable for their actions,” said Liza Estlund Olson, former acting director of the Unemployment Insurance Agency. “Through the great work of our federal and state partners along with UIA investigators, we’re are working to root out fraudulent schemes like this one and protect unemployment benefits for those who are legitimately entitled to them.”
The case was prosecuted by Assistant United States Attorney Timothy Wyse. The investigation was conducted jointly by the Department of Labor, Office of Inspector General, United States Secret Service, Internal Revenue Service - Criminal Investigation, Federal Bureau of Investigation, the U.S. Postal Inspection Service and the Unemployment Insurance Agency, Michigan Department of Labor and Economic Opportunity
St. Petersburg Man Who Distributed over 18 Kilograms of Cocaine Is Sentenced to More Than 17 Years in PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Thomas P. Barber has sentenced Ahmad Rashad Weston, a/k/a “Blood,” (42, St. Petersburg) to 17 years and 6 months in federal prison for conspiring to distribute 100 grams or more of a drug mixture containing heroin and fentanyl, as well as 500 grams or more of cocaine.
Weston had pleaded guilty on May 19, 2020.
According to court documents and evidence presented at his sentencing hearing, Weston served as the hub of a drug trafficking conspiracy that operated in the greater Tampa Bay area between at least August 2018 and November 2019. Law enforcement began the investigation by conducting 17 undercover hand-to-hand heroin purchases from co-defendant Quincy Turner. Further investigation determined that Weston, who had served more than five years in prison for a prior federal felony drug conviction, was Turner’s supplier. Between July and October 2019, law enforcement intercepted calls and text messages from Weston’s cellphone and established that Weston was responsible for distributing more than 18 kilograms of cocaine, over 161 grams of heroin, and over 89 grams of fentanyl and fentanyl analogues during just that three-month period. Ultimately, the investigation of Weston led to 11 other defendants being charged with federal drug trafficking crimes.
These cases were investigated by a multi-agency task force through the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF. Agencies involved in this OCDETF operation include the Drug Enforcement Administration, the St. Petersburg Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael M. Gordon.
St. Paul Felon Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
MINNEAPOLIS – A St. Paul man pleaded guilty to illegally possessing a firearm as a felon, announced Acting U.S. Attorney W. Anders Folk.
According to court documents, on February 5, 2019, officers with the St. Paul Police Department observed Michael Antonio Miller, 38, and his girlfriend leave a residence and drive away together in a vehicle. At the time, there was an active Domestic Abuse No Contact Order in place between Miller and his girlfriend. The officers initiated a traffic stop on the vehicle. As officers approached the driver’s side of the vehicle where the girlfriend was seated, she opened the center console and moved some papers out of the way to reveal a loaded Smith and Wesson, .40 caliber pistol. In an interview following his arrest, Miller admitted that the firearm was his. Because of his prior felony convictions in Ramsey and Hennepin Counties, Miller is prohibited from possessing a firearm or ammunition at any time.
Miller pleaded guilty yesterday before Senior U.S. District Judge Michael J. Davis to one count of possessing a firearm as a felon. A sentencing hearing has been set for December 14, 2021.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is the result of investigations conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the St. Paul Police Department.
Assistant U.S. Attorneys Samantha H. Bates and Ruth S. Shnider are prosecuting the case.
South Carolina Man Charged with Robbing Jewelry StoreRead the Press Release
HARRISBURG, - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 27, 2021, Christopher Demarcus Bethea, age 47, of South Carolina, was indicted by a federal grand jury for robbing a Cumberland County jewelry store.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on January 30, 2019, Bethea robbed the Kay Jewelers Store in South Middleton Township, Pennsylvania.
The case was investigated by the Federal Bureau of Investigations and the Pennsylvania State Police. Assistant U.S. Attorney Jaime Keating is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local and tribal enforcement and the local community to develop effective, locally-based strategies to reduce crime.
Indictments, Criminal Informations and Criminal Complaints are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is term of incarceration of 20 years, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Seven Defendants Sentenced Resulting from Drug and Firearm Trafficking Investigation at MotelsRead the Press Release
ALBANY, Ga. – Seven defendants guilty of various crimes related to a multi-agency drug and firearms investigation at several Southwest Georgia motels were sentenced for their crimes this week in federal court.
The following defendants were sentenced today:
Robert Scott Kennedy aka Robbie, 37, of Albany, was sentenced to serve 360 months in prison to be followed by three years of supervised release after he was convicted by a federal jury on June 30, of possession with intent to distribute heroin, possessing a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon;
Emanuel Cobb aka Fresh, 37, of Albany, was sentenced to serve 140 months in prison to be followed by three years of supervised release after he previously pleaded guilty to distribution of methamphetamine; and,
Joshua Walls, 36, of Albany, was sentenced to serve 48 months in prison to be followed by five years of supervised release after previously pleading guilty to distribution of methamphetamine and possession of a machine gun.
The following defendants were sentenced on Wed., Oct. 27:
Donald Hammock, 57, of Shellman, Georgia, was sentenced to serve 182 months in prison to be followed by three years of supervised release after previously pleading guilty to possession of a firearm by a convicted felon;
Daniel Landon Knight, 30, of Albany, was sentenced to serve 180 months in prison to be followed by three years of supervised release after previously pleading guilty to possession of a firearm by a convicted felon and attempt to escape from custody;
Haley Roberts, 33, of Leesburg, Georgia, was sentenced to serve 77 months in prison to be followed by three years of supervised release after previously pleading guilty to possession of a firearm by a convicted felon; and,
Cody Harman, 36, of Albany, was sentenced to serve 24 months in prison to be followed by five years of supervised release after previously pleading guilty to distribution of methamphetamine.
All sentences were handed down by U.S. District Judge Leslie Gardner in Albany, Georgia. There is no parole in the federal system.
“The people involved in this crime ring are now held accountable for trafficking very dangerous weapons and illegal drugs into our region,” said Acting U.S. Attorney Peter D. Leary. “Federal, state and local law enforcement officers successfully ended this criminal organization and are continuing the work daily to curb violence and crime in Southwest Georgia and across the Middle District of Georgia.”
“These sentences wrap up a combined effort by local, state and federal law enforcement partners to remove a double-edged threat of drugs and guns circulating in the Albany community,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The results of this diligent investigation send a message to criminals that their life choices have very serious consequences.”
“Illegal guns and drugs have no place in Georgia. They are a danger to the community and breed fear amongst hardworking citizens. We value our partnership with federal and local agencies to work these cases that lead to successful prosecutions,” said GBI Director Vic Reynolds.
According to court documents, from Jan. 2020 through Aug. 2020, law enforcement agents investigated methamphetamine and heroin distribution activities of the defendants at six motels in Albany. In the course of this investigation, agents learned that not only were the members of the group regularly dealing in controlled substances but were also often in possession of or selling firearms. Further, they learned that some of the firearms were fully automatic and in the process of being converted to fully automatic or otherwise altered.
Harman, Walls and Cobb admitted their involvement in drug sales and Walls admitted that he sold a rifle equipped with a bump stock and a 30-round magazine, which falls under the category of machine gun under federal law. Such firearms allow a shooter to initiate a continuous firing cycle with a single pull of the trigger.
Lee County Sheriff’s Office deputies took Knight into custody on a state probation warrant violation on July 15, 2020. Knight was previously convicted in Lee County Superior Court in April 2014 of a four-count felony and sentenced to serve 12 years in jail; he was on probation at the time of his arrest. From jail, Knight was recorded giving Roberts instructions to relocate “bangers” which agents believed to be code for firearms. On July 20, 2020, law enforcement officers arrested Roberts on a state probation warrant violation. Roberts was previously convicted in Lee County Superior Court in April 2017 of a three-count felony violation and was on probation at the time of her arrest. During a search of a motel room she was staying in, officers found 12 firearms, including five AK-15 style rifles without any visible make, model or serial number markings. Further investigation revealed that Walls had assisted Roberts in moving the firearms from Florida to Albany.
On July 25, 2020, a Randolph County Sheriff’s Office deputy was on routine patrol and observed a vehicle driven by Hammock crossing the center line and entering the oncoming lane of traffic. During the stop for suspected DUI, the deputy found quantities of methamphetamine, heroin, pills, stolen property and two firearms including a loaded handgun and a shortened barrel shotgun. Hammock admitted that he was a felon and knew that he could not have guns. He said he had purchased the firearms from Walls.
Kennedy was taken into custody on Aug. 21, 2020, for multiple outstanding arrest warrants. Kennedy was found in possession of a .40 caliber Glock 23 pistol and a distribution amount of heroin. Kennedy also swallowed a quantity of heroin and required medical attention at the scene. Kennedy has a significant criminal history including felony convictions for burglary, possession of methamphetamine with intent to distribute and obstruction of an officer.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the FBI, U.S. Marshals Service, DEA, ATF, GBI, Lee County Sheriff’s Office and Randolph County Sherriff’s Office.
Assistant U.S. Attorney Leah McEwen prosecuted the case.
Selma Man Sentenced to 112 Months for Gun CrimeRead the Press Release
MOBILE, AL – A federal judge sentenced a Selma, Alabama man today to 112 months in prison for possessing a firearm while being a previously convicted felon.
According to court documents and evidence presented at sentencing, John Ashley Jones, Jr. aka Baby Junior, of Selma, was approached by police on June 4, 2020. Dallas County Sheriff’s Office Deputies were responding to a call about a suspicious person with a firearm at 200 Landsend Avenue in Selma. When Deputies arrived, they saw a man, later identified as John Ashley Jones, Jr., standing next to a tan SUV. A deputy observed Jones make a motion as though he had thrown something under the vehicle as deputies approached the SUV. Jones was secured and deputies recovered a Ruger .380 caliber pistol from under the SUV. Jones was prohibited from possessing firearms or ammunition as a result of his multiple prior felony convictions, including discharging a firearm into an occupied building, assault, manslaughter, possession of a controlled substance, and being a felon in possession of a firearm.U.S. Attorney Sean P. Costello of the Southern District of Alabama made the announcement.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Dallas County Sheriff’s Department, and the 4th Judicial Circuit Drug Task Force investigated the case.
Assistant U.S. Attorney Andrew Arrington prosecuted the case on behalf of the United States.
This case was brought as part of Project Safe Neighborhoods. Launched in 2001, the Project Safe Neighborhoods (PSN) program is a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them.
Selma Duo Convicted in Federal Gun, Drug, and Witness Tampering TrialRead the Press Release
MOBILE, AL – A federal jury convicted a Selma, Alabama man and woman today for witness tampering and the man for being a felon in possession of a firearm, possession of cocaine with the intent to distribute, and possession of a firearm during a federal drug trafficking offense.
According to court documents and evidence presented at trial, Darick “Booman” Dillard, 43, of Selma, was in possession of an AK-47 style firearm and a semi-automatic pistol that he sold to another individual in the summer of 2020. Dillard is prohibited from possessing any firearms or ammunition as a result of his previous felony convictions for assault with a firearm, assault of a peace officer, and possession of marijuana. The two separate incidents of Dillard selling firearms were recorded by the individual while under the supervision of law enforcement. When law enforcement served Dillard with a federal indictment on March 3, 2021, he was found to be in possession cocaine and other narcotics packaged for sale, and yet another firearm, a stolen Beretta pistol. On March 4, 2021, Dillard was arraigned in federal court and learned enough details of the charges to determine who had provided evidence against him, and contacted his sister, Lametrius Dillard. Lametrius Dillard, at the direction of her brother, then attempted to intimidate the individual into changing their testimony.
The jury convicted Darick Dillard of two counts of possession of a firearm by a convicted felon; possession of cocaine with the intent to distribute; possession of a firearm in furtherance of a drug trafficking crime; and witness tampering. Lametrius Dillard was convicted of witness tampering. They will be sentenced January 14th, 2022.
U. S. Attorney Sean P. Costello said, “Violent felons in our community have no business possessing or selling firearms. In partnership with our federal, state and local law enforcement agencies, we will continue to hold criminals accountable for their actions. The jury’s verdict reinforces the message that threatening and intimidating witnesses is as utterly unacceptable as gun and drug crime.”
The Bureau of Alcohol, Tobacco, Firearms, and Explosives, Dallas County Sheriff’s Department, Fourth Judicial Circuit Drug Task Force, and Alabama Law Enforcement Agency investigated the case.
Assistant U.S. Attorney Andrew Arrington is prosecuting the case on behalf of the United States.
Second Former State Employee Pleads Guilty in $2 Million Scheme to Defraud the Office of AIDSRead the Press Release
SACRAMENTO, Calif. — Christine M. Iwamoto, 47, of Sacramento, pleaded guilty today to wire fraud and conspiracy to commit money laundering in relation to a scheme to divert funds from the California Department of Public Health, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Iwamoto was employed by the Office of AIDS within the California Department of Public Health until March 2018. The Office of AIDS is responsible for working on behalf of the State of California to combat the HIV and AIDS epidemic.
Between December 2017 and November 2018, Iwamoto participated in a scheme that was coordinated by Schenelle Flores, also employed at the Office of AIDS, to defraud the Office of AIDS. Flores, Iwamoto, other participants in the scheme, and their families and friends obtained at least $2 million in personal benefits, including cash and purchased items.
According to court documents, as part of the scheme, Flores directed a state contractor to make payments allegedly on behalf of the Office of AIDS and caused the contractor to charge those payments to the state. Flores caused the contractor to pay for personal expenses on its debit cards, order gift cards for personal use, and pay false invoices to shell companies for services allegedly provided to the Office of AIDS.
According to her plea agreement, Iwamoto set up a shell company and coordinated with Flores to submit invoices to the state contractor. Those invoices falsely claimed that Iwamoto’s company had provided various consulting and meeting facilitation services to the Office of AIDS. Iwamoto received $450,000 in payments as a result of the invoices. Iwamoto then gave thousands of dollars in cash and blank checks to another employee of the Office of AIDS who was participating in the scheme. Iwamoto also participated in obtaining the gift cards from the state contractor and received hundreds of the gift cards for her personal use.
This case is the product of an investigation by the Federal Bureau of Investigation and was referred by the California Department of Public Health and the California Highway Patrol. Assistant U.S. Attorneys Miriam R. Hinman and Christopher S. Hales are prosecuting the case.
Iwamoto is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Feb. 24, 2022. For the wire fraud count, Iwamoto faces a maximum statutory penalty of 20 years in prison and a fine of $250,000 or twice the gross gain or loss, whichever is greater. For the count of conspiracy to commit money laundering, Iwamoto faces a maximum statutory penalty of 20 years in prison and a fine of $500,000 or twice the property involved in the transactions, whichever is greater.
On Feb. 11, 2021, Flores pleaded guilty to wire fraud in a related case, United States v. Flores, 2:21-cr-025 TLN. Flores is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Jan. 20, 2022. Flores faces a maximum statutory penalty of 20 years in prison and a fine of $250,000 or twice the gross gain or loss, whichever is greater.
The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Saugus Man Sentenced for Drug and Firearm OffensesRead the Press Release
BOSTON – A Saugus man was sentenced on Monday, Oct. 25, 2021 for drug and firearm offenses.
Vinicius Teixeira, a/k/a “Vinny,” 31, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to three years in prison and three years of supervised release. On Sept. 14, 2021, Teixeira pleaded guilty to possession with intent to distribute controlled substances, including marijuana and psilocyn, and being a user of controlled substances in possession of a firearm and ammunition.
In March 2019, a search of Teixeira’s residence recovered at least one kilogram of marijuana, over 400 grams of mushrooms (dry) containing psilocyn, drug trafficking paraphernalia and an American Tactical 9mm semiautomatic pistol containing 11 rounds of 9mm ammunition.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The Suffolk County Sheriff’s Department and the Revere, Everett and Chelsea Police Departments provided assistance with the investigation. Assistant U.S. Attorney Kaitlin R. O’Donnell of Mendell’s Organized Crime and Gang Unit prosecuted the case.
San Antonio Woman Charged with Meth DistributionRead the Press Release
SAN ANTONIO – A San Antonio woman was arrested Tuesday on criminal charges related to her alleged involvement in drug distribution.
According to court documents, on October 26, 2021, Bexar County Sheriff’s deputies conducted a traffic stop on a vehicle driven by Karen Lastiri, 31. After consent to search the vehicle, deputies found approximately 63 kilograms of methamphetamine.
Lastiri is charged by a criminal complaint with one count of possession with intent to distribute 500 grams or more of methamphetamine. If convicted, Lastiri faces a mandatory minimum penalty of 10 years to life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Drug Enforcement Administration Special Agent in Charge Daniel Comeaux made the announcement.
DEA, along with assistance from the Bexar County Sheriff’s Office, is investigating the case.
Assistant U.S. Attorney Sarah Ella Spears is prosecuting the case.
A criminal complaint is merely an allegation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Rwandan Genocide Suspect Permanently Leaves the United States After DenaturalizationRead the Press Release
A Rwanda native, most recently residing in Buffalo, New York, has been denaturalized by consent and departed from the United States under an order of removal following the filing of a complaint citing his suspected involvement in the Rwandan genocide in 1994.
According to court documents, Peter Kalimu, aka Pierre Kalimu, aka Fidele Twizere, was living in Rwanda in 1994, when violent conflict erupted between the country’s two major ethnic groups, the Hutus and the Tutsis. During the conflict, often referred to as the Rwandan genocide, members of the majority Hutu population persecuted the minority Tutsis, committing mass murder and looting their property, among other crimes. An estimated 800,000 ethnic Tutsis and moderate Hutus were killed during the three-month genocide. The complaint against Kalimu alleged that he participated in two attacks on Tutsi families in his neighborhood during the genocide, and that he looted property from Tutsi families whose houses he then destroyed. Kalimu denied these allegations.
According to the civil denaturalization complaint, while living in Rwanda, Kalimu went by the name Fidèle Twizere. After he left Rwanda, he used a different name – Pierre Kalimu – and provided only that name, and a new date of birth, on his U.S. immigration forms. Throughout the process of applying for permanent residence and U.S. citizenship, Kalimu never disclosed to the U.S. government his previous identity as Fidèle Twizere or his prior use of a different date of birth. The complaint further alleged that Kalimu’s misrepresentations about his identity precluded U.S. government officials from investigating him and determining that he was not qualified to obtain immigration and naturalization benefits.
Kalimu admitted that he was ineligible for citizenship because he engaged in welfare fraud in New York in 2003-2004 – one of the allegations in the civil denaturalization complaint – and agreed to denaturalization. The Justice Department obtained an order from the U.S. District Court for the Western District of New York, effective Sept. 1, revoking Kalimu’s naturalized U.S. citizenship by consent, and the court entered judgment in favor of the United States on Sept. 30.
In a separate prosecution, in 2018, Kalimu pleaded guilty to, and was convicted of, one felony count of making materially false statements about his true name to federal investigators of the Department of Homeland Security (DHS).
On Oct. 12, a U.S. Immigration Judge in Buffalo, ordered Kalimu’s removal for making materially false statements to procure immigration and naturalization benefits. Kalimu agreed to the entry of the order against him. On Oct. 21, Kalimu departed the United States.
“In seeking to escape his past in Rwanda, Kalimu obscured his true identity and repeatedly lied to immigration officers in order to become a U.S. citizen,” said Assistant Attorney General Kenneth A. Polite Jr. of the plJustice Department’s Criminal Division.
“The United States will not be a safe haven for suspected human rights violators,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Justice Department is dedicated to preventing those who commit human rights violations from evading our immigration laws.”
“Kalimu’s misrepresentations to the U.S. government paved the way for the defendant to avoid discovery of his past transgressions and to establish a life in the United States, which included benefits afforded to all citizens,” stated U.S. Attorney Trini E. Ross of the Western District of New York. “Because of the diligent work of the various government agencies involved with this investigation to uncover the truth and make amends for the lies and omissions of the defendant, he was rightly prosecuted, was removed from our country, and can no longer escape his actual past.”
“HSI special agents will not cease in our pursuit of identifying and bringing to justice those individuals who have participated in unthinkable war crimes and human rights abuses,” said Executive Associate Director Steve Francis of Homeland Security Investigations (HSI). “In coordination with the HSI-led Human Rights Violators and War Crimes Center in Washington, D.C., our special agents and prosecutors continue to ensure that perpetrators are held accountable and denied safe haven in the United States.”
This matter was litigated by the Department of Justice Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and the Civil Division’s Office of Immigration Litigation (OIL) Enforcement Section; and the U.S. Attorney’s Office for the Western District of New York.
U.S. Immigration and Customs Enforcement’s (ICE) HSI Buffalo and HSI’s Human Rights Violators and War Crimes Unit investigated this matter. Valuable consultation and support were provided by ICE’s Office of the Principal Legal Advisor (OPLA) Human Rights Law Division and the Buffalo Office of the Principal Legal Advisor.
The civil denaturalization case was prosecuted by Senior Counsel Steven Platt of OIL; Assistant U.S. Attorney Daniel Moar for the Western District of New York; Trial Attorney Susan Masling, and Director of Human Rights Enforcement Strategy and Policy Eli Rosenbaum of HRSP, supported by HRSP Chief Historian Dr. Jeffrey Richter. The removal case was litigated by ICE’s Buffalo Office of the Principal Legal Advisor.
Members of the public who have information about foreign nationals or naturalized U.S. citizens suspected of engaging in human rights abuses or war crimes are encouraged to call the ICE tip line at 1-866-DHS-2-ICE or to complete its online tip form.
Russian National Extradited to United States to Face Charges for Alleged Role in Cybercriminal OrganizationRead the Press Release
A Russian national, residing in the Yakutsk region of Russia and in Southeast Asia, had his initial appearance in federal court today after his extradition from the Republic of Korea to the Northern District of Ohio to face charges for his alleged role in a transnational, cybercriminal organization.
Deputy Attorney General Lisa O. Monaco, FBI Deputy Director Paul Abbate, Acting U.S. Attorney for the Northern District of Ohio Bridget M. Brennan and FBI Special Agent in Charge of the Cleveland Field Office Eric B. Smith made the announcement.
According to court documents, Vladimir Dunaev, 38, was a member of a transnational, cybercriminal organization that deployed a computer banking trojan and ransomware suite of malware known as “Trickbot.”
“Trickbot attacked businesses and victims across the globe and infected millions of computers for theft and ransom, including networks of schools, banks, municipal governments, and companies in the health care, energy, and agriculture sectors,” said Deputy Attorney General Lisa O. Monaco. “This is the second overseas Trickbot defendant arrested in recent months, making clear that with our international partners, the Department of Justice can and will capture cyber criminals around the world. This is another success for the Department's recently launched Ransomware and Digital Extortion Task Force in dismantling ransomware groups and disrupting the cybercriminal ecosystem that allows ransomware to exist and to threaten our critical infrastructure.”
“The FBI is determined to utilize our unique tools and capabilities to disrupt transnational cybercriminal organizations, such as the group that developed and delivered Trickbot, and remains committed to imposing risk and consequence upon these criminals,” said Deputy Director Paul Abbate of the FBI. “Pursuing cyber criminals requires considerable patience, expertise, and resources, but the FBI has a long memory and will ensure that these malicious actors cannot evade detection or avoid the full weight of law enforcement actions.”
“The Trickbot malware was designed to steal the personal and financial information of millions of people around the world, thereby causing extensive financial harm and inflicting significant damage to critical infrastructure within the United States and abroad,” said Acting U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “Today’s announcement underscores the great lengths federal law enforcement officials and our international partners will go to hold these alleged cybercriminals accountable for their actions.”
“This indictment reflects the dynamic landscape in which international criminals utilize sophisticated cyber methods to take advantage of and defraud, unsuspecting victims anywhere in the world,” said Special Agent in Charge Eric Smith of the FBI’s Cleveland Field Office. “This multi-year investigation demonstrates the commitment by the FBI to aggressively pursue these individuals despite the complexity and global character cyber investigations can so often bring. The FBI encourages any victim of cyber fraud to file a report with the FBI’s Internet Crime Complaint Center at www.ic3.gov.”
The indictment alleges that beginning in November 2015, and continuing through August 2020, Dunaev and others stole money, confidential information, and damaged computer systems from unsuspecting victims, including individuals, financial institutions, school districts, utility companies, government entities, and private businesses. To perpetuate their criminal scheme, the defendants allegedly used a network of co-conspirators and freelance computer programmers, known as the Trickbot Group, to create, deploy, and manage the Trickbot malware, which infected millions of computers and computer systems worldwide.
Dunaev is alleged to have been one such co-conspirator, working as a malware developer for the Trickbot Group. Dunaev allegedly performed a variety of developer functions in support of the Trickbot malware, including managing the malware’s execution, developing popular browser modifications and helping to conceal the malware from detection by security software.
Earlier this year, the Justice Department announced the arrest and arraignment of Alla Witte, a Latvian national charged for her role in the Trickbot Group.
According to court documents, the Trickbot malware was designed to capture online banking login credentials and harvest other personal information, including credit card numbers, emails, passwords, dates of birth, social security numbers, and addresses from infected computers through the use of web injects and keystroke logging. Later versions of Trickbot were adapted to facilitate the installation and use of ransomware.
According to the indictment, the defendants used these stolen login credentials and other personal information to gain access to online bank accounts, execute unauthorized electronic funds transfers and launder the money through U.S. and foreign beneficiary accounts.
Dunaev was extradited from the Republic of Korea on Oct. 20. He is charged with conspiracy to commit computer fraud and aggravated identity theft, conspiracy to commit wire and bank fraud, conspiracy to commit money laundering, and multiple counts of wire fraud, bank fraud, and aggravated identity theft.
Dunaev entered a plea of not guilty and waived his detention hearing.
If convicted of all counts, Dunaev faces a maximum penalty of 60 years’ imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case is the result of a four-year investigation by the FBI’s Cleveland Field Office.
The Justice Department’s Office of International Affairs provided invaluable assistance in securing the arrest and extradition of Dunaev to the United States, with substantial support provided by the Republic of Korea.
Senior Counsel C.S. Heath of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Daniel J. Riedl and Duncan T. Brown of the Northern District of Ohio are prosecuting the case.
This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Click to view the indictment.
Russian National Extradited to United States to Face Charges for Alleged Role in Cybercriminal OrganizationRead the Press Release
A Russian national, residing in the Yakutsk region of Russia and in Southeast Asia, had his initial appearance in federal court today after his extradition from the Republic of Korea to the Northern District of Ohio to face charges for his alleged role in a transnational, cybercriminal organization.
According to court documents, Vladimir Dunaev, 38, was a member of a transnational, cybercriminal organization that deployed a computer banking trojan and ransomware suite of malware known as “Trickbot.”
“Trickbot attacked businesses and victims across the globe and infected millions of computers for theft and ransom, including networks of schools, banks, municipal governments, and companies in the health care, energy, and agriculture sectors,” said Deputy Attorney General Lisa O. Monaco. “This is the second overseas Trickbot defendant arrested in recent months, making clear that, with our international partners, the Department of Justice can and will capture cyber criminals around the world. This is another success for the Department’s recently launched Ransomware and Digital Extortion Task Force in dismantling ransomware groups and disrupting the cybercriminal ecosystem that allows ransomware to exist and to threaten our critical infrastructure.”
“The FBI is determined to utilize our unique tools and capabilities to disrupt transnational cybercriminal organizations, such as the group that developed and delivered Trickbot, and remains committed to imposing risk and consequence upon these criminals,” said Deputy Director Paul Abbate of the FBI. “Pursuing cyber criminals requires considerable patience, expertise, and resources, but the FBI has a long memory and will ensure that these malicious actors cannot evade detection or avoid the full weight of law enforcement actions.”
“The Trickbot malware was designed to steal the personal and financial information of millions of people around the world, thereby causing extensive financial harm and inflicting significant damage to critical infrastructure within the United States and abroad,” said Acting U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “Today’s announcement underscores the great lengths federal law enforcement officials and our international partners will go to hold these alleged cybercriminals accountable for their actions.”
“This indictment reflects the dynamic landscape in which international criminals utilize sophisticated cyber methods to take advantage of and defraud, unsuspecting victims anywhere in the world,” said Special Agent in Charge Eric Smith of the FBI’s Cleveland Field Office. “This multi-year investigation demonstrates the commitment by the FBI to aggressively pursue these individuals despite the complexity and global character cyber investigations can so often bring. The FBI encourages any victim of cyber fraud to file a report with the FBI’s Internet Crime Complaint Center at www.ic3.gov.”
The indictment alleges that beginning in November 2015, and continuing through August 2020, Dunaev and others stole money, confidential information, and damaged computer systems from unsuspecting victims, including individuals, financial institutions, school districts, utility companies, government entities, and private businesses. To perpetuate their criminal scheme, the defendants allegedly used a network of co-conspirators and freelance computer programmers, known as the Trickbot Group, to create, deploy, and manage the Trickbot malware, which infected millions of computers and computer systems worldwide.
Dunaev is alleged to have been one such co-conspirator, working as a malware developer for the Trickbot Group. Dunaev allegedly performed a variety of developer functions in support of the Trickbot malware, including managing the malware’s execution, developing popular browser modifications and helping to conceal the malware from detection by security software.
Earlier this year, the Justice Department announced the arrest and arraignment of Alla Witte, a Latvian national charged for her role in the Trickbot Group.
According to court documents, the Trickbot malware was designed to capture online banking login credentials and harvest other personal information, including credit card numbers, emails, passwords, dates of birth, social security numbers, and addresses from infected computers through the use of web injects and keystroke logging. Later versions of Trickbot were adapted to facilitate the installation and use of ransomware.
According to the indictment, the defendants used these stolen login credentials and other personal information to gain access to online bank accounts, execute unauthorized electronic funds transfers and launder the money through U.S. and foreign beneficiary accounts.
Dunaev was extradited from the Republic of Korea on Oct. 20. He is charged with conspiracy to commit computer fraud and aggravated identity theft, conspiracy to commit wire and bank fraud, conspiracy to commit money laundering, and multiple counts of wire fraud, bank fraud, and aggravated identity theft. If convicted of all counts, Dunaev faces a maximum penalty of 60 years’ imprisonment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This case was investigated by the FBI’s Cleveland Field Office.
The Justice Department’s Office of International Affairs provided invaluable assistance in securing the arrest and extradition of Dunaev to the United States, with substantial support provided by the Republic of Korea.
Senior Counsel C.S. Heath of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorneys Daniel J. Riedl and Duncan T. Brown of the Northern District of Ohio are prosecuting the case.
This case is part of the Department of Justice’s Ransomware and Digital Extortion Task Force, which was created to combat the growing number of ransomware and digital extortion attacks. As part of the Task Force, the Criminal Division, working with the U.S. Attorneys’ Offices, prioritizes the disruption, investigation, and prosecution of ransomware and digital extortion activity by tracking and dismantling the development and deployment of malware, identifying the cybercriminals responsible, and holding those individuals accountable for their crimes. The department, through the Task Force, also strategically targets the ransomware criminal ecosystem as a whole and collaborates with domestic and foreign government agencies as well as private sector partners to combat this significant criminal threat.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Repeat Sex Offender Sentenced to 10 Years in Federal Prison for Attempting to Entice a Minor to Engage in Sexual ActivityRead the Press Release
LOS ANGELES – A San Gabriel Valley man whose conviction on a previous sex offense ended his career in education was sentenced today to 120 months in federal prison for attempting to entice a minor to engage in sexual activity over the internet.
Albert Pinedo, 78, of Alhambra, was sentenced by United States District Judge George H. Wu.
At the conclusion of a four-day trial that ended on July 23, a federal jury found Pinedo guilty of one felony count of attempting to persuade, induce or entice a minor to engage in sexual activity.
According to the evidence presented at trial, on February 26, 2020, Pinedo placed an ad on Craigslist that stated, “I’m a retired senior looking for casual contact with young men.” An undercover Homeland Security Investigations agent answered the ad and responded as a fictitious 14-year-old boy. Pinedo and the undercover agent chatted online for approximately one week, before making plans to meet and engage in oral sex. In a series of emails that were presented at trial, Pinedo acknowledged the boy’s age and described sexual acts he wanted to perform. Pinedo also asked the undercover agent to take naked photos and send them.
On March 4, 2020, Pinedo traveled to meet with the undercover agent at the designated meeting place, where he was arrested. A search of his vehicle revealed that he had brought lubricant and a sex toy to their meeting.
Pinedo was a Los Angeles Unified School District middle school teacher and administrator who previously was convicted in 2003 of distribution of child pornography and was sentenced to 63 months in federal prison for that felony offense. Pinedo resigned his position at LAUSD following the allegations in that case.
Homeland Security Investigations investigated this matter.
Assistant United States Attorneys Jeffrey M. Chemerinsky and Amy E. Pomerantz of the Violent and Organized Crime Section prosecuted this case.
Randolph County man sentenced to 10 years for methamphetamine and firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – Casey Warren Lang, of Huttonsville, West Virginia, was sentenced today to 121 months of incarceration for drug and firearms charges, United States Attorney William J. Ihlenfeld, II announced.
Lang, 30, pleaded guilty in March 2021 to one count of “Possession with Intent to Distribute at Least Fifty Grams of Methamphetamine” and one count of “Unlawful Possession of Firearm.” Lang, a person prohibited from having firearms because of a prior conviction, admitted to having at least 50 grams of methamphetamine and 13 firearms in June 2019 in Randolph County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mountain Region Drug & Violent Crimes Task Force, and the Randolph County Sheriff’s Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
Quincy Man Arrested for Social Security FraudRead the Press Release
BOSTON – A Quincy man was arrested today for fraudulently receiving Social Security disability benefits.
Charles Reid, 67, was indicted on one count of theft of public funds. Reid was released on conditions following an initial appearance today before U.S. District Court Magistrate Judge Judith G. Dein.
According to the charging documents, from approximately April 2013 through September 2017, Reid allegedly stole approximately $38,601 in Social Security disability benefits.
The charge of theft of public funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and John Cremonini, Acting Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Mendell’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Possession and Trafficking of Drugs Sends Two Men to PrisonRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that two men from north Louisiana were sentenced to prison today by United States District Judge Elizabeth E. Foote.
Keaton Lamar Shaw, 34, of Shreveport, was sentenced to 151 months (12 years, 7 months) in prison, followed by 3 years of supervised release, for possession with intent to distribute controlled substances and possession of a firearm by a convicted felon. On February 27, 2019, Shaw was the passenger in a vehicle that was stopped by law enforcement officers for a traffic violation. When officers approached the vehicle, they detected a strong odor of marijuana coming from inside and asked the occupants to exit the vehicle. Shaw exited the vehicle wearing a black backpack. Officers saw a pistol in plain view between the passenger seat and the center console of the truck and found it to be loaded. Officers were aware that Shaw was a convicted felon and was prohibited from possessing any firearm or ammunition and he was arrested. Law enforcement officers found inside Shaw’s backpack 6 grams of powder cocaine, 3,017 tablets containing 639 grams of a mixture containing methamphetamine, 226 grams of marijuana, and a scale. In addition, a search warrant was executed at Shaw’s residence where approximately 18 grams of marijuana was found in the dresser next to his bed.
Shaw has two previous felony convictions for attempted possession with intent to distribute controlled substances, in 2008 and 2018, and as such, he is prohibited from possessing a firearm or ammunition.
The DEA, ATF and Shreveport Police Department investigated the case. Assistant U.S. Attorney Cadesby B. Cooper prosecuted the case.
Jamie William Hill, 42, of Mansfield, Louisiana, was sentenced to 121 months (10 years, 1 month) in prison, followed by 3 years of supervised release, for possession with intent to distribute methamphetamine. Law enforcement agents with the U.S. Drug Enforcement Administration (DEA) began an investigation into methamphetamine trafficking activities in the Shreveport/Bossier City area. Through their investigation, they learned on October 25, 2020, that Hill was going to sell methamphetamine at a local motel in Shreveport. Based on that information, agents set up surveillance at the motel. Agents observed Hill drive into the motel parking lot and stay there for a period of time and leave. Deputies with the Caddo Parish Sheriff’s Office conducted a traffic stop of Hill for having an altered temporary registration tag. Hill denied having any drugs in the vehicle and gave deputies consent to search it. Deputies found approximately 263.7 grams of methamphetamine in a clear plastic bag underneath the gear shift. Hill was arrested and later admitted to having more drugs in a nearby hotel room. During the search of the room, law enforcement agents found and seized methamphetamine hidden in a freezer, and in the air conditioning unit, and found a 9mm pistol in his luggage. The methamphetamine was tested by the DEA Lab and determined that the total weight of all that was seized was 263.7 grams.
The DEA, ATF and Caddo Parish Sheriff’s Office investigated the case. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
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Physical Therapy Provider to Pay $4 Million to Resolve Alleged False Claims Act ViolationsRead the Press Release
MINNEAPOLIS – RehabAuthority, LLC, a physical therapy company with operations in Minnesota, has agreed to pay $4 million to resolve allegations that it submitted false claims for payment for outpatient physical therapy services in violation of the False Claims Act.
The settlement resolves allegations that, from January 1, 2014, to December 31, 2018, RehabAuthority clinics submitted or caused to be submitted false claims for payment to the government for outpatient physical therapy. The clinics, located in Minnesota, North Dakota, Idaho, and Wyoming, improperly billed Medicare Part B, Minnesota Medicaid, TRICARE, and the Veterans Health Administration for one-on-one outpatient physical therapy, including therapeutic exercises, manual therapy, ultrasounds, therapeutic activities, and gait training. The resolution centered on allegations that the company billed the government for direct, one-one-one care with physical therapists, but did not provide it when it overbooked government beneficiaries for certain outpatient physical therapy services.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against RehabAuthority. Under the qui tam provisions of the False Claims Act, a private party can file an action on behalf of the United States and receive a portion of the recovery. The qui tam case is captioned United States and the State of Minnesota ex rel. Cami Lane v. RehabAuthority, LLC, et al., No. 17-cv-5103 (DWF/ECW).
The resolution obtained in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the District of Minnesota, the Office of Inspector General of the U.S. Department of Health and Human Services, the Defense Health Agency, the U.S. Department of Veterans Affairs, the Office of the Minnesota Attorney General, and the Minnesota Department of Human Services.
Acting U.S. Attorney W. Anders Folk of the District of Minnesota made the announcement.
Assistant U.S. Attorney Ann M. Bildtsen handled the matter.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Parkersburg Man Sentenced to Nine Years in Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Reese Inman, 39, of Parkersburg, was sentenced today to nine years in prison for possession with intent to distribute heroin.
According to court documents and statements made in court, law enforcement officers executed a search warrant on October 16, 2019 at a residence on Dempsie Avenue in Parkersburg. Inman was located in the living room and a loaded .22 Rohm revolver and a quantity of heroin were nearby. Law enforcement officers also located between 14 and 15 grams of heroin, a Chiappa .22 revolver and ammunition, an iPad that was payment for heroin Inman had sold, a black digital scale, $384 in U.S. currency and some marijuana. Inman admitted that he had been selling heroin in Wood County and that he intended to distribute the heroin in his possession to others.
United States Attorney William S. Thompson made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the Parkersburg Narcotics Task Force and the Wood County Sheriff’s Department.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney L. Alexander Hamner handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00090.
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Owner of the Taxman Financial Services Pleads Guilty to Aiding in Filing False TaxesRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that LEROI G. JACKSON, age 49, of New Orleans, pleaded guilty today before U.S. District Judge Susie Morgan to a bill of information charging him with one count of aiding and assisting in the filing of false tax returns, a violation of Title 26, United States Code, Section 7206(2).
According to court records, JACKSON is the owner and operator of The Taxman Financial Services LLC (“Taxman”), a business that prepares federal and state tax returns for customers. Taxman has an office in New Orleans and in LaPlace. Through the course of this investigation, federal agents determined that JACKSON filed false income tax returns for numerous Taxman customers. For example, JACKSON would create false business losses or false education credits, all without his clients’ knowledge. JACKSON had several employees obtain an IRS Electronic Filing Identification Number (EFIN), which allowed the employees to file customer taxes. However, many of these employees never used their EFINs. JACKSON would then use his employees’ EFINs to file false tax returns for customers. JACKSON profited by charging at least $500 per return, which would be deducted from a customer’s refund. From tax years 2014 through 2016, JACKSON admitted that he caused a tax loss to the United States of $241,214.00. JACKSON charged each taxpayer
JACKSON faces a maximum sentence of three years of imprisonment, a $100,000.00 fine, up to one (1) year of supervised release, and a $100 mandatory special assessment fee. Further, as part of his plea agreement, JACKSON agreed to a permanent injunction against preparing tax returns for other taxpayers. Judge Morgan scheduled the sentencing hearing for Tuesday, February 1, 2022 at 2 pm.
U.S. Attorney Evans praised the work of the Internal Revenue Service-Criminal Investigations, which handled this investigation. Assistant United States Attorney Matthew R. Payne is in charge of the prosecution.
Ohio Man Arrested on Federal Criminal Complaint in Connection with Suspected Explosive Devices Found on Tug BoatsRead the Press Release
Defendant charged with possession of unregistered destructive devices
CHARLESTON, W.Va. – Nathaniel Blayn Becker, 42, of Marietta, Ohio, was charged today in a federal criminal complaint with possession of one or more unregistered destructive devices. Becker was arrested by law enforcement authorities yesterday in Marietta.
According to the criminal complaint, law enforcement officers recovered suspected destructive devices from two different tugboats on the Ohio River on October 21 and October 25, 2021. The criminal complaint alleges that Becker purchased pipes and other relevant components of the suspected destructive devices from a Lowe’s store in Marietta on four separate occasions.
“The cooperation of Lowe’s was instrumental in Becker’s arrest and I thank them for their assistance,” said United States Attorney Will Thompson. “I commend the many law enforcement agencies for their swift investigation leading to Becker’s arrest.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is conducting the investigation with assistance from the Federal Bureau of Investigation (FBI), the West Virginia State Police, the U.S. Coast Guard, the Parkersburg Police Department, the Wood County Sheriff’s Department and the Washington County, Ohio, Police Department.
Assistant United States Attorney Joshua C. Hanks is handling the prosecution.
Note: The charge contained in the complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-mj-00206.
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