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Tuesday 14 September 2021
Justice Department Settles with Nationwide Soccer Instruction Company to Resolve Finding of Citizenship Status DiscriminationRead the Press Release
The Department of Justice announced today that it signed a settlement agreement with Challenger Sports Corporation (Challenger), a soccer instruction company based in Lenexa, Kansas, which runs soccer programs nationwide.
The settlement resolves the department’s claim that Challenger did not consider U.S. worker applicants for full-time soccer instructor jobs in Pennsylvania, Maryland and Northern Virginia because the company preferred to hire workers on temporary visas.
Based on its independent investigation, the department concluded that in Spring 2019, Challenger’s Baltimore office (1) failed to consider U.S. worker applicants for full-time soccer instructor positions because staff assumed that U.S. workers, based on their citizenship status, would not be interested in the positions; and (2) expected to fill the positions with workers on seasonal employment visas known as H-2B visas. Under the Immigration and Nationality Act (INA), employers cannot generally discriminate based on citizenship, immigration status, or national origin at any stage of the hiring process. In addition, the Department of Labor requires employers seeking permission to hire H-2B workers to first hire all qualified and available U.S. workers who apply by the relevant deadline.
“A company cannot decide to ignore applications from U.S. workers because of stereotypes about their willingness to do certain types of work, or a desire to reserve work opportunities for temporary visa holders,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Excluding U.S. workers from consideration for jobs because of their citizenship or immigration status is unfair and illegal.”
Under the terms of the settlement agreement, Challenger will pay $6,000 in civil penalties and make $36,820 in back pay available to eligible discrimination victims. Challenger will also change its policies and procedures to comply with the INA’s anti-discrimination provision, train its employees on the requirements of this law before applying for H-2B visas in the future, and be subject to two years of department monitoring requirements, including providing regular reports to the department.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation. Learn more about prohibitions against citizenship status discrimination.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Obtains Settlement in Title VI Retaliation Matter with the Florida State Courts SystemRead the Press Release
The Justice Department announced a settlement agreement with the Florida State Courts System to resolve a retaliation investigation and finding under Title VI of the Civil Rights Act of 1964. As part of the settlement, the Florida State Courts will implement anti-retaliation policies and training and pay $160,000 in damages to a former employee who experienced retaliation.
The settlement resolves the Justice Department’s finding that the Seventh Judicial Circuit Court of Florida retaliated against the former employee in violation of Title VI, which prohibits race, color or national origin discrimination by recipients of federal financial assistance and prohibits retaliation against individuals who engage in Title VI protected activity, such as filing a complaint or participating in an investigation. The department concluded that the Seventh Judicial Circuit Court of Florida unlawfully terminated the employee for assisting a limited English proficient (LEP) court user with an interpreter request and for assisting an advocate who filed a Justice Department Title VI complaint about language access services.
“This settlement sends a message that those who speak up for fundamental civil rights — like the right of meaningful access to our judicial system — must be able to do so without fear of reprisal,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to vigorously investigate allegations of retaliation against individuals who courageously stand up to hold others accountable for compliance with the laws we enforce. I commend the Florida State Courts System for committing to address this unlawful retaliation and prevent its recurrence.”
The enforcement of Title VI is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. View the Spanish translation of this press release here.
Justice Department Awards over $433,000 to Penobscot Nation to Combat Domestic ViolenceRead the Press Release
PORTLAND, Maine: The Department of Justice’s Office of Violence Against Women (OVW) has awarded over $433,000 to the Penobscot Indian Nation to support the tribe in exercising jurisdiction over individuals who commit crimes of domestic violence or dating violence or violate certain protection orders on tribal land, Acting U.S. Attorney Donald E. Clark announced.
“The awards we are making this year will touch the lives of millions of survivors of violence and help our nation end these devastating crimes,” said Allison Randall, OVW Acting Director. “OVW is proud to be the leading federal voice in the country’s fight against sexual and domestic violence.”
OVW’s Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (Tribal Jurisdiction Program) provides support and technical assistance to Indian tribes for planning and implementing changes in their criminal justice systems necessary to exercise “special domestic violence criminal jurisdiction” (SDVCJ) and funds to exercise the jurisdiction.
Prior to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), if a victim was Indian and the perpetrator was non-Indian, the crime could be prosecuted only by the United States or, in some circumstances, by the state in which the tribe’s Indian Country is located. VAWA 2013 included a provision recognizing the authority of participating tribes to exercise SDVCJ over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or violate certain protection orders in Indian Country. The Tribal Jurisdiction Program is designed to enhance tribes’ ability to implement and exercise SDVCJ.
“I congratulate the Penobscot Nation on securing funds that will enable tribal leaders to more effectively combat domestic violence on tribal lands,” said Acting U.S. Attorney Clark. “The Department of Justice is committed to working with our tribal partners to hold perpetrators of these crimes accountable and support victims.”
OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Justice Department Announces Investigation into Conditions in Georgia PrisonsRead the Press Release
The Justice Department announced today that it has opened a statewide civil investigation into conditions of confinement of prisoners held in Georgia’s prisons.
The investigation will examine whether Georgia provides prisoners reasonable protection from physical harm at the hands of other prisoners. The department also will continue its existing investigation into whether Georgia provides lesbian, gay, bisexual, transgender and intersex prisoners reasonable protection from sexual abuse by other prisoners and by staff.
“Ensuring the inherent human dignity and worth of everyone, including people who are incarcerated inside our nation’s jails and prisons, is a top priority,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department’s investigations into prison conditions have been successful at identifying systemic constitutional violations and their causes, fixing those causes and stopping the violations. We are investigating prison violence and abuse in Georgia’s prisons to determine whether Constitutional violations exist, and if so, how to stop them.”
“Individuals sentenced to prison in Georgia Department of Corrections facilities deserve to be treated humanely,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “Our office is committed to ensuring state prisoners are safe while serving their sentences. We look forward to working cooperatively with the Georgia Department of Corrections to ensure the safety of all individuals in its prisons.”
“Prison conditions that enable inmates to engage in dangerous and even deadly activity are an injustice, jeopardizing the lives of detainees, staff members and other corrections personnel,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our local law enforcement and corrections partners, with whom we work with closely each and every day, are indispensable to our united goal of achieving a safer Georgia for all. Under the leadership of the department’s Civil Rights Division, we look forward to collaborating with our state partners to address our mutual concern for safety in the corrections system.”
“This investigation is an example of our office’s commitment to stamping out violence in our district, no matter where it is found, no matter who the victim is,” said Acting U.S. Attorney David H. Estes for the Southern District of Georgia. “We look forward to working with the State of Georgia, the Georgia Department of Corrections, the Civil Rights Division of the Department of Justice, and our counterparts in the U.S. Attorney’s Offices for the Northern and Middle Districts of Georgia to further our shared mission to keep correctional facilities safe for the sake of our community, the prisoners housed there and the dedicated staff who work there.”
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate whether any violations of prisoners’ constitutional rights result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Special Litigation Section of the Department of Justice Civil Rights Division is conducting this investigation jointly with the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Georgia. Individuals with relevant information are encouraged to contact the department via phone at (844) 401-3736 or by email at [email protected].
Additional information about the Civil Rights Division’s CRIPA investigations related to prisons and jails can be found here: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Justice Department Announces Investigation into Conditions in Georgia PrisonsRead the Press Release
MACON, Ga. – The Justice Department announced today that it has opened a statewide civil investigation into conditions of confinement of prisoners held in Georgia’s prisons.
The investigation will examine whether Georgia provides prisoners reasonable protection from physical harm at the hands of other prisoners. The Department also will continue its existing investigation into whether Georgia provides lesbian, gay, bisexual, transgender and intersex (LGBTI) prisoners reasonable protection from physical and sexual harm by other prisoners and by staff.
“Ensuring the inherent human dignity and worth of everyone, including people who are incarcerated inside our nation’s jails and prisons, is a top priority,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department’s investigations into prison conditions have been successful at identifying systemic constitutional violations and their causes, fixing those causes and stopping the violations. We are investigating prison violence and abuse in Georgia’s prisons to determine whether Constitutional violations exist, and if so, how to stop them.”
“Prison conditions that enable inmates to engage in dangerous and even deadly activity are an injustice, jeopardizing the lives of detainees, staff members and other corrections personnel,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our local law enforcement and corrections partners, with whom we work with closely each and every day, are indispensable to our united goal of achieving a safer Georgia for all. Under the leadership of the Department’s Civil Rights Division, we look forward to collaborating with our state partners to address our mutual concern for safety in the corrections system.”
“Individuals sentenced to prison in Georgia Department of Corrections facilities deserve to be treated humanely,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “Our office is committed to ensuring state prisoners are safe while serving their sentences. We look forward to working cooperatively with the Georgia Department of Corrections to ensure the safety of all individuals in its prisons.”
“This investigation is an example of our office’s commitment to stamping out violence in our district, no matter where it is found, no matter who the victim is,” said Acting U.S. Attorney David H. Estes for the Southern District of Georgia. “We look forward to working with the State of Georgia, the Georgia Department of Corrections, the Civil Rights Division of the Department of Justice, and our counterparts in the U.S. Attorney's Offices for the Northern and Middle Districts of Georgia to further our shared mission to keep correctional facilities safe for the sake of our community, the prisoners housed there, and the dedicated staff who work there.”
The U.S. Attorney’s Office for the Middle District of Georgia encompasses 70 of Georgia’s 159 counties and covers over 25,000 square miles. As it relates to this investigation, the Middle District of Georgia is home to 15 close- and medium-security Georgia Department of Corrections (GDOC) prisons. The 15 located in the Middle District of Georgia are:
Autry State Prison, Baldwin State Prison, Calhoun State Prison, Central State Prison, Dooly State Prison, Georgia Diagnostic and Classification State Prison, Hancock State Prison, Lee State Prison, Macon State Prison, Pulaski State Prison, Riverbend Correctional and Rehabilitation Facility (The GEO Group), Rutledge State Prison, Valdosta State Prison and Valdosta Annex, Whitworth Women’s Facility and Wilcox State Prison.
The Department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the Department has the authority to investigate whether any violations of prisoners’ constitutional rights result from a “pattern or practice of resistance to the full enjoyment of such rights.” The Department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Special Litigation Section of the Department of Justice Civil Rights Division is conducting this investigation jointly with the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Georgia. Assistant U.S. Attorney Lance Simon is conducting the investigation on behalf of the Middle District of Georgia. Individuals with relevant information are encouraged to contact the department via phone at (844) 401-3736 or by email at [email protected].
Additional information about the Civil Rights Division’s CRIPA investigations related to prisons and jails can be found here: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons
Jones County Man Sentenced to More Than 9 Years for ShootingRead the Press Release
RALEIGH, N.C. – A Jones County man was sentenced today to 115 months in prison for unlawful possession of a firearm by a convicted felon, which he used to assault with the intent to murder a victim. On June 10, 2021, William Horton Jr. pled guilty to the charge.
According to court documents and other information presented in court, Horton, 59, used a firearm to shoot another man outside a gas station near Pollocksville, North Carolina in December 2020. The victim survived. A search of Horton’s residence discovered the firearm used to assault the victim, as well as a second unlawful firearm and assorted ammunition.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Jones County Sherriff’s Office investigated the case and Assistant U.S. Attorney David Fitzgerald prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:21-CR-13-D.
Jackson Man Sentenced to Almost 4 Years in Prison for Possession of Firearm by Convicted FelonRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 46 months in federal prison for being a felon in possession of a firearm, announced Acting U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Ledrick Antoine Simmons, 39, pled guilty to the charge on April 29, 2021.
According to court documents, on January 29, 2020, Madison Police officers obtained an arrest warrant for Simmons for felony fleeing after they attempted to detain him for possible involvement in the facilitation of prostitution. Officers were able to locate Simmons in a vehicle at the intersection of President and Amite Street, in downtown Jackson. When officers approached Simmons, he attempted to evade arrest and rammed another vehicle with his car. Officers were able to take Simmons into custody. Officers recovered a handgun from Simmons’s waistband during the arrest. At the time of the arrest, Simmons was a convicted felon and has multiple felony convictions in Hinds County.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Madison Police Department, the Mississippi Bureau of Investigations, and the Jackson Police Department. The case was prosecuted by Assistant United States Attorney Chris Wansley.
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.
Isleta man charged with sexual abuse and assault in Indian CountryRead the Press Release
ALBUQERQUE, N.M. – Jonathan Jojola, 33, an enrolled member of the Isleta Pueblo, was arraigned on Sept. 8 in federal court on a two-count indictment charging him with assault of an intimate partner by strangling or suffocating and aggravated sexual abuse in Indian Country.
According to the indictment, on March 28, Jojola allegedly engaged in a sexual act with the victim, identified in court records as Jane Doe, by the use of force. On March 29, Jojola allegedly assaulted Jane Doe by attempting to strangle and suffocate her. Both incidents allegedly occurred on the Isleta Pueblo in Bernalillo County, New Mexico.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Jojola faces 10 years in prison.
The Isleta Pueblo Police Department investigated this case. Special Assistant U.S. Attorney Chelsea Van Deventer is prosecuting the case
Iranian National Sentenced for Illegally Exporting Military Sensitive ItemsRead the Press Release
SAN ANTONIO – An Iranian national was sentenced today to 63 months in prison followed by three years of supervised release for violating the International Emergency Economic Powers Act (IEEPA).
Mehrdad Ansari, 40, a resident of the United Arab Emirates and Germany, was convicted by a federal jury in May 2021 for his role in a scheme to obtain military sensitive parts for Iran in violation of the Iranian Trade Embargo. In coordination with his co-conspirators, Ansari obtained and attempted to obtain parts that had dual-use military and civilian capability and could be used in such systems as nuclear weapons, missile guidance and development, secure tactical radio communications, offensive electronic warfare, military electronic countermeasures (radio jamming), and radar warning and surveillance systems. The equipment Ansari helped try to obtain could be used to test these other weapon systems.
“Ansari and his co-conspirators attempted to profit from a far-reaching, extensive scheme to evade U.S. sanctions on Iran. They repeatedly lied to numerous U.S. suppliers and illegally obtained very sensitive dual-use items,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. “As demonstrated by this prosecution, DOJ pursues those who threaten U.S. national security, even years after their original crimes.”
“The Iranian Trade Embargo serves an important purpose in the protection of the United States and our allies,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “As prosecutors tasked with enforcing federal law, we will continue to identify, investigate, and pursue violations of the IEEPA.”
“Those who are contemplating violating U.S. laws designed to keep sensitive technology out of the hands of our adversaries should take note; the FBI has a long memory and will engage with all its partners, including those overseas, to bring subjects to justice,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “We urge anyone with information about violations of sanctions on Iran to contact the FBI.”
“This case is an example of the hard work and diligence over the course of many years on behalf of the FBI and our federal partners to ensure those who would threaten our national security will be brought to justice,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office. “Without the support and actions of the Republic of Georgia, it is possible Mr. Ansari would not have had to face the consequences of his actions, so we are grateful and thankful for their help.”
“This case reaffirms Homeland Security Investigations’ (HSI) resolve and commitment in securing the homeland by targeting foreign actors attempting to procure sensitive technology by exploiting the U.S. export laws,” said Acting Special Agent in Charge Craig Larrabee for the HSI San Antonio Field Office. “This effort reflects the commitment of U.S. law enforcement to identify, investigate, and apprehend criminals regardless of where they are in the world and bring these individuals to justice. HSI will continue to work with its law enforcement and government partners to address critical vulnerabilities which threaten the country’s national security.”
“Today's outcome demonstrates the steadfast collaboration and determination by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our investigative partners to ensure sensitive DoD technologies do not reach the hands of our adversaries,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office. “The safety and well-being of the warfighter is our highest priority, and we remain committed to safeguarding those technologies to maintain our competitive advantage on the battlefield.”
“Today's outcome demonstrates the steadfast collaboration and determination by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our investigative partners to ensure sensitive DoD technologies do not reach the hands of our adversaries,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office. “The safety and well-being of the warfighter is our highest priority, and we remain committed to safeguarding those technologies to maintain our competitive advantage on the battlefield.”
“This sentencing is the result of a highly successful joint investigative effort with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Texas,” said Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Houston Office. “OEE is fully committed to protecting national security by disrupting efforts by our adversaries to violate U.S. export controls and procure sensitive military technology.”
On May 7, 2021, a San Antonio federal jury convicted Ansari of one count of conspiracy to violate the Iranian Transaction Regulations (ITR), one count of conspiracy to commit wire fraud, one count of conspiracy to defraud the U.S. Department of the Treasury and two counts of aiding and abetting the making of false statements. Evidence presented during trial revealed that Ansari attempted to transship testing equipment obtained from the U.S. by co-defendants Taiwanese citizen Susan Yip, aka Susan Yeh, and Iranian citizen Mehrdad Foomanie, aka Frank Foomanie, using Ansari’s companies, Gulf Gate Sea Cargo L.L.C. and Global Merchant L.L.C., located in Dubai, United Arab Emirates.
From Oct. 9, 2007 to June 15, 2011, Yip and Foomanie obtained or attempted to obtain from companies worldwide over 105,000 parts valued at approximately $2,630,800 involving more than 1,250 transactions. The defendants conducted 599 transactions with 63 different U.S. companies in which they obtained or attempted to obtain parts from U.S. companies without notifying the U.S. companies these parts were being shipped to Iran or getting the required U.S. government license to ship these parts to Iran. The defendant’s main role was to get one particular set of parts from a Central Texas company that was key for the Iranian government’s testing of all other parts.
At no time did Yip, Foomanie or Ansari, individually or through any of their companies, ever apply for or receive either a required U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) license or Department of Commerce export license to ship any item listed in this indictment to the Republic of Iran.
Iranian Transaction Regulations prohibit, among other things, the exportation, re-exportation, sale or supply, directly or indirectly, to Iran or the Government of Iran, of any goods, technology or services from the U.S. or by a U.S. person. The embargo also prohibits any transaction by any U.S. person or within the U.S. that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Executive Orders.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; U.S. Attorney Ashley C. Hoff for the Western District of Texas; Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentalvos of Defense Criminal Investigative Service (DCIS) Southwest Field Office; and Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security’s Office of Export Enforcement, Dallas Field Office made today’s announcement.
In October 2012, Yip was sentenced to two years in federal prison after pleading guilty to conspiring to violate the ITR by acting as a broker and conduit for Foomanie to buy items in the U.S. and have them unlawfully shipped to Iran. Mehrdad Foomanie remains a fugitive.
FBI, HSI, the Department of Commerce, Bureau of Industry and Security and the Defense Criminal Investigative Service investigated this case.
Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stevenson prosecuted this case.
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Iranian National Sentenced for Illegally Exporting Military Sensitive ItemsRead the Press Release
An Iranian national was sentenced today to 63 months in prison followed by three years of supervised release for violating the International Emergency Economic Powers Act (IEEPA).
Mehrdad Ansari, 40, a resident of the United Arab Emirates and Germany, was convicted by a federal jury in May 2021 for his role in a scheme to obtain military sensitive parts for Iran in violation of the Iranian Trade Embargo. In coordination with his co-conspirators, Ansari obtained and attempted to obtain parts that had dual-use military and civilian capability and could be used in such systems as nuclear weapons, missile guidance and development, secure tactical radio communications, offensive electronic warfare, military electronic countermeasures (radio jamming) and radar warning and surveillance systems. The equipment Ansari helped try to obtain could be used to test these other weapon systems.
“Ansari and his co-conspirators attempted to profit from a far-reaching, extensive scheme to evade U.S. sanctions on Iran. They repeatedly lied to numerous U.S. suppliers and illegally obtained very sensitive dual-use items,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. “As demonstrated by this prosecution, DOJ pursues those who threaten U.S. national security, even years after their original crimes.”
“The Iranian Trade Embargo serves an important purpose in the protection of the United States and our allies,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “As prosecutors tasked with enforcing federal law, we will continue to identify, investigate and pursue violations of the IEEPA.”
“Those who are contemplating violating U.S. laws designed to keep sensitive technology out of the hands of our adversaries should take note; the FBI has a long memory and will engage with all its partners, including those overseas, to bring subjects to justice,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “We urge anyone with information about violations of sanctions on Iran to contact the FBI.”
“This case is an example of the hard work and diligence over the course of many years on behalf of the FBI and our federal partners to ensure those who would threaten our national security will be brought to justice,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office. “Without the support and actions of the Republic of Georgia, it is possible Mr. Ansari would not have had to face the consequences of his actions, so we are grateful and thankful for their help.”
“This case reaffirms Homeland Security Investigations’ (HSI) resolve and commitment in securing the homeland by targeting foreign actors attempting to procure sensitive technology by exploiting the U.S. export laws,” said Acting Special Agent in Charge Craig Larrabee for the HSI San Antonio Field Office. “This effort reflects the commitment of U.S. law enforcement to identify, investigate, and apprehend criminals regardless of where they are in the world and bring these individuals to justice. HSI will continue to work with its law enforcement and government partners to address critical vulnerabilities which threaten the country’s national security.”
“This sentencing is the result of a highly successful joint investigative effort with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Texas,” said Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Houston Office. “OEE is fully committed to protecting national security by disrupting efforts by our adversaries to violate U.S. export controls and procure sensitive military technology.”
On May 7, a San Antonio federal jury convicted Ansari of one count of conspiracy to violate the Iranian Transaction Regulations (ITR), one count of conspiracy to commit wire fraud, one count of conspiracy to defraud the U.S. Department of the Treasury and two counts of aiding and abetting the making of false statements. Evidence presented during trial revealed that Ansari attempted to transship testing equipment obtained from the U.S. by co-defendants Taiwanese citizen Susan Yip, aka Susan Yeh, and Iranian citizen Mehrdad Foomanie, aka Frank Foomanie, using Ansari’s companies, Gulf Gate Sea Cargo LLC and Global Merchant LLC, located in Dubai, United Arab Emirates.
From Oct. 9, 2007 to June 15, 2011, Yip and Foomanie obtained or attempted to obtain from companies worldwide over 105,000 parts valued at approximately $2,630,800 involving more than 1,250 transactions. The defendants conducted 599 transactions with 63 different U.S. companies in which they obtained or attempted to obtain parts from U.S. companies without notifying the U.S. companies these parts were being shipped to Iran or getting the required U.S. government license to ship these parts to Iran. The defendant’s main role was to get one particular set of parts from a Central Texas company that was key for the Iranian government’s testing of all other parts.
At no time did Yip, Foomanie or Ansari, individually or through any of their companies, ever apply for or receive either a required U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) license or Department of Commerce export license to ship any item listed in this indictment to the Republic of Iran.
Iranian Transaction Regulations prohibit, among other things, the exportation, re-exportation, sale or supply, directly or indirectly, to Iran or the Government of Iran, of any goods, technology or services from the U.S. or by a U.S. person. The embargo also prohibits any transaction by any U.S. person or within the U.S. that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Executive Orders.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; U.S. Attorney Ashley C. Hoff for the Western District of Texas; Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentalvos of Defense Criminal Investigative Service (DCIS) Southwest Field Office; and Acting Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security’s Office of Export Enforcement, Dallas Field Office made today’s announcement.
In October 2012, Yip was sentenced to two years in federal prison after pleading guilty to conspiring to violate the ITR by acting as a broker and conduit for Foomanie to buy items in the U.S. and have them unlawfully shipped to Iran. Mehrdad Foomanie remains a fugitive.
FBI, HSI, the Department of Commerce, Bureau of Industry and Security and the Defense Criminal Investigative Service investigated this case.
Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stevenson prosecuted this case.
Inmate at USP Lee Sentenced for Assault, Possessing a Weapon in PrisonRead the Press Release
ABINGDON, Va. – An inmate at USP Lee in Jonesville, Virginia was sentenced last week to 72 months for assaulting another inmate and for unlawfully possessing a weapon inside the prison.
According to court documents, Murray Plentywoods, 34, possessed a weapon inside the prison and committed an assault on May 11, 2020.
Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia made the announcement.
The investigation of the case was conducted by the Federal Bureau of Prisons.
Special Assistant U.S. Attorney Christine M. Hummert prosecuted the case for the United States.
Homestead Man Sentenced for Role in Braddock-Area Drug CaseRead the Press Release
PITTSBURGH, PA - A resident of Homestead, Pennsylvania, has been sentenced in federal court to time served and two years of supervised release with 180 days home confinement, on his conviction of narcotics trafficking, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Thomas Dwyer, age 43.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Dwyer admitted that he obtained heroin, which he then distributed, from James Wells. Wells, a SCO gang member, has already pleaded guilty in this case, admitting by way of his guilty plea that he was a heroin trafficker in and around the Braddock area.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the multi-agency team, which was led by the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Dwyer. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies include the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Hobart Man ChargedRead the Press Release
HAMMOND- Sergio Gutierrez, age 49, of Hobart, Indiana, has been charged by way of an Indictment with mail fraud, announced Acting U.S. Attorney Tina L. Nommay.
According to documents in this case, it is alleged that Sergio Gutierrez devised a scheme that began around or about May 2015 and continued through December 2019 to defraud the Lake County Auditor’s Office by using other individuals to purchase properties through the Lake County Commissioners’ tax sales when Gutierrez, himself, was prohibited from doing so. The scheme enabled Gutierrez to obtain property without paying delinquent property taxes. As part of that scheme, Gutierrez caused notice to be deposited in the United States Mail, in violation of the federal mail fraud statute.
The United States Attorney’s Office emphasizes that an indictment is merely an allegation, and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Abizer Zanzi.
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Hammond Man Sentenced to 117 Months of ImprisonmentRead the Press Release
HAMMOND-Salvador Alvin, 26, of Hammond, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon following his guilty plea to possessing with intent to distribute cocaine and possessing a firearm in furtherance of a drug trafficking crime, announced Acting United States Attorney Tina L. Nommay.
Alvin was sentenced to 117 months imprisonment and 3 years of supervised release.
According to documents filed in the case, between May and December 2019 in Hammond, Indiana, Alvin sold multiple ounces of cocaine and three firearms to a confidential informant. Law enforcement then executed a search warrant on Alvin’s Hammond residence in December 2019 and recovered approximately five ounces of cocaine which Alvin intended to distribute and a firearm that Alvin possessed in furtherance of his drug trafficking offense. Alvin has a prior felony conviction for criminal recklessness.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hammond Police Department. This case was prosecuted by Assistant U.S. Attorney Caitlin M. Padula.
Green Bay Man Sentenced to Ten Years of Imprisonment for Methamphetamine and Firearm OffensesRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on September 13, 2021, John Yang (age: 32), of Green Bay, Wisconsin, was sentenced to a total of ten years in federal prison for possessing with the intent to distribute over five grams of actual methamphetamine and for possessing a firearm in furtherance of his drug crime.
According to court records, in the early morning hours of November 23, 2020, Yang was a passenger in a vehicle stopped by Green Bay Police. While exiting the vehicle Yang struggled with officers causing a loaded firearm to fall from Yang’s waistband. He was subsequently discovered to be in possession of methamphetamine, marijuana, and paraphernalia indicative of drug distribution. Yang later entered guilty pleas to two federal offenses related to his conduct.
In pronouncing sentence, Senior U.S. District Judge William C. Griesbach noted the serious nature of Yang’s offense, his poor criminal history, and the need to send a strong message of deterrence to Yang and anyone else who might attempt to distribute drugs in Northeast Wisconsin. The judge ordered Yang’s incarceration in federal prison for a term of ten years to be followed by five years of supervised release.
The case was investigated by the Green Bay Police Department. It was prosecuted by Assistant United States Attorneys Timothy W. Funnell and Daniel R. Humble.
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Grant County man admits to firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Jeremiah Lincoln Seib, of Petersburg, West Virginia, has admitted to a firearms charge, Acting U.S. Attorney Randolph J. Bernard announced.
Seib, 42, pleaded guilty today to one count of “Unlawful Possession of a Firearm.” Seib, a person prohibited from having firearms because of a robbery conviction, admitted to having a .380 caliber semi-automatic pistol in December 2020 in Grant County.
Seib faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
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Ghanaian National Sentenced for Online Romance Fraud SchemeRead the Press Release
NORFOLK, Va. – A Ghanaian national was sentenced on Friday to 40 months in prison for wire fraud as part of his scheme to defraud victims on a dating website.
“The defendant repeatedly and shamelessly defrauded a recently widowed victim through a variety of manipulative tactics, leaving her in financial ruins,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “As this case demonstrates, reporting these scams to law enforcement helps us uncover the fraud schemes and bring scammers, like this defendant, to justice.”
According to court documents, Richard Yaw Dorpe, 38, posed as a single, 57-year-old man from Virginia Beach on “OurTime,” an online dating website for people over 50 years old. Dorpe purported to be a jeweler who was traveling abroad to buy gold and other jewelry before returning home to Virginia Beach. Dorpe met victim E.F., who was a 68-year-old recent widow from Chesapeake, on the website and started an online romantic relationship. Between August 2016 and January 2017, through his romantic manipulations, Dorpe convinced E.F. to send clothes, jewelry, a computer, a watch, and over $300,000 to him. Eventually, E.F. realized she was a victim of a scam, and was contacted by the FBI.
In January, Ghana approved the United States’ extradition request and the FBI brought Dorpe to the Eastern District of Virginia to face charges. Dorpe pleaded guilty to wire fraud in May.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen.
Valuable assistance concerning the extradition of Dorpe from Ghana to the United States was provided by Ghana’s Economic and Organized Crime Office, the Ghana Police Service, the International Criminal Police Organization (INTERPOL), the National Security Agency of Ghana, and the Ministry of Justice and Attorney General’s Office of Ghana. Additional valuable assistance was provided by the FBI Legal Attaché Office, the DEA Country Liaison, the Regional Security Office, and staff at the U.S. Embassy in Accra, Ghana. The Justice Department’s Office of International Affairs also provided significant assistance in securing his extradition from Ghana.
Assistant U.S. Attorney Elizabeth Yusi prosecuted the case.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. It is a term used to describe five subtypes of elder abuse: physical abuse, financial fraud, scams and exploitation, caregiver neglect and abandonment, psychological abuse, and sexual abuse. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10 percent of older Americans every year. Together with our federal, state, local, and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. This holistic and robust response demonstrates the Department’s unwavering dedication to fighting for justice for older Americans.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-53.
Four Defendants Charged in $2.2M Unemployment Fraud CaseRead the Press Release
DETROIT - Four defendants have been charged via criminal complaint for their roles in a large-scale Unemployment Insurance benefit fraud scheme, announced Acting United States Attorney Saima S. 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 Timothy Waters, Federal Bureau of Investigation, Andre Martin, Special Agent-in-Charge, U.S. Postal Service Office of Inspector General, and Rita Saenz, Director of the California Employment Development Department.
The complaint charges Daeshawn Tamar Posey, 25, of Detroit; Chaz Duane Shields, 33, of Detroit; Cortney Shaquan Shields, 30, a current federal prisoner incarcerated at FCI Allenwood; and Brittany Levett Witherspoon, 25, of Warren, with mail fraud, wire fraud, aggravated identity theft, and conspiracy to commit mail and wire fraud. Posey and Witherspoon were arrested today in the metro Detroit area; Chaz Shields was arrested yesterday in the Boston area; and Cortney Shields remains in the custody of the Bureau of Prisons (BOP).
According to the complaint, Posey, Chaz Shields, Cortney Shields, and Witherspoon are responsible for filing over 240 claims for fraudulent unemployment insurance benefits across at least 20 states and territories, causing more than $725,000 in losses to the state of Michigan and more than $1,500,000 in losses to the state of California. The complaint alleges that Posey, Chaz Shields, and Witherspoon all filed a number of claims in both their own names, and the names of numerous other individuals. All three are also alleged to have filed claims using other people’s Social Security Numbers, without those individuals’ authorization. Claims were also filed in Cortney Shields’ name, while Shields was already in BOP custody and thus ineligible to receive benefits.
The complaint further alleges that all four individuals, including Cortney Shields, received benefits deposited into a variety of bank accounts, some connected to pre-paid debit cards. Cortney Shields also received large cash deposits from the other charged individuals into his BOP commissary account. The complaint also alleges that Cortney Shields, while in prison, exchanged messages with other coconspirators, facilitating the passing of other individuals’ personally identifiable information (PII) to enable the submission of additional fraudulent UI claims.
The complaint also alleges that Posey and Chaz Shields acquired multiple luxury vehicles and purchased these vehicles with a combination of cash, and fraudulently obtained unemployment insurance benefits.
“Taxpayer money diverted into the pockets of criminals means less money going to Michiganders who need help getting through this difficult time,” said Acting US Attorney Mohsin. “These arrests reflect our ongoing commitment to investigating these schemes and bringing the people who commit these crimes to justice.”
"An important mission of the Office of Inspector General is to investigate allegations relating to unemployment insurance fraud. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
"The FBI and its law enforcement partners will continue to devote significant resources to prevent unemployment insurance fraud and to hold accountable those who have already stolen taxpayer dollars meant for out-of-work Americans," said Timothy Waters, Special Agent in Charge of the FBI's Detroit Field Office.
Special Agent-in-Charge Andre Martin, Great Lakes Area Field Office, U.S. Postal Service Office of Inspector General said, “Today’s charges represent our commitment to work with our law enforcement partners to maintain the integrity and trust in the U.S. Postal Service and critical benefit programs.”
The California Employment Development Department appreciates our strong partnership with United States Attorney Saima S. Mohsin and her team of skilled prosecutors,” said EDD Director Rita Saenz. “This investigation shows the power of state and federal agencies joining forces to hold fraud suspects accountable and protect this vital safety net program for hard hit workers and their families.”
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed, a determination will be made whether to seek a felony indictment.
This is case is being prosecuted by Assistant United States Attorneys Ryan A. Particka, Timothy J. Wyse, and Special Assistant United States Attorney Corinne M. Lambert. The investigation is being conducted jointly by agents from the Department of Labor Office of the Inspector General, the Federal Bureau of Investigation, and the United States Postal Service Office of the Inspector General.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Pittsburgh Drug Felon Sentenced to 15 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA – A former Pittsburgh resident has been sentenced in federal court to 15 years of imprisonment on his conviction of violating the federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Nathaniel Thomas, 40, formerly of Pittsburgh, PA.
According to information presented to the Court, in April 2019, the Pennsylvania State Police Drug Law Enforcement Division began an investigation into heroin, fentanyl, and cocaine distribution by Thomas. As part of that investigation, agents obtained a federal search warrant for Thomas’s residence on Coleridge Street in Pittsburgh, which was executed on May 29, 2019. Inside of Thomas’s bedroom, agents seized approximately 158 “bricks” – the equivalent of roughly 7,900 individual dosage units – containing mixtures of fentanyl, acetyl fentanyl (an analogue of fentanyl) and heroin. Agents also found roughly 40 grams of cocaine and a digital scale containing a white powder residue in the same area. Thomas admitted that he possessed those scheduled narcotics intending to distribute them.
In a related filing, the Government advised the Court that Thomas has a prior conviction for a serious drug felony offense arising out of the Court of Common Pleas of Allegheny County, and that the enhanced penalties set forth in the federal narcotics laws should be applied. The Court found that the enhanced penalties applied to Thomas and sentenced him to serve 15 years imprisonment followed by 10 years of federal supervised release. Thomas remains in the custody of the United States Marshals Service pending transfer to a federal Bureau of Prisons facility to begin serving his sentence of imprisonment.
Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Pennsylvania State Police Drug Law Enforcement Division for the investigation leading to the successful prosecution of Thomas.
Former Owners of Two Illicit Massage Parlors Charged with COVID-Relief FraudRead the Press Release
BOSTON – Two former owners of massage parlors have been charged in connection with filing for and obtaining fraudulent pandemic-related loans under the Coronavirus Aid, Relief and Economic Security (CARES) Act for their respective illicit businesses where workers engaged in commercial sex acts with customers.
Chynna Savath, 56, of Woonsocket, R.I., was charged with two counts of wire fraud. Savath is the former owner of Thai Body Work, a massage parlor in Franklin.
According to the charging documents, in June 2020, Savath submitted fraudulent applications to the Small Business Administration (SBA) for COVID-19 relief through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) program under the CARES Act. In the applications, Savath falsely certified that the applicant was not engaged in any illegal activity, despite knowing that her employees at Thai Body Work engaged in prostitution with customers and collected a portion of fees paid by each customer. In total, Savath obtained $29,646 in fraudulent payments from the EIDL and PPP loan programs.
Aticha Jittaphol, 32, of Brighton, was charged separately with two counts of making false statements in federal loan applications. Jittaphol is the former owner of Mantra Dhevi Spa in Brighton.
According to the charging documents, in March and April of 2020, Jittaphol submitted fraudulent applications for EIDL and PPP loans in which she falsely stated that the applicant was not engaged in any illegal activity. However, her employees at Mantra Dhevi Spa engaged in prostitution from which she collected a portion of fees paid by each customer. Jittaphol also actively promoted the prostitution by recruiting employees and attracting new customers. In total, Jittaphol obtained $7,066 in fraudulent payments from the EIDL and PPP loan programs.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Boston Police Acting Commissioner Gregory Long made the announcement. Special assistance was provided by the Cambridge, Boston, Franklin and Lexington Police Departments. Assistant U.S. Attorney Elysa Wan of Mendell’s Criminal Division and Suffolk County Assistant District Attorneys Alyssa Tochka and Luke Goldworm, who were appointed as Special Assistant U.S. Attorneys, are prosecuting the cases.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The details contained in the court documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Movie Producer Sentenced to 13 Years in Prison for Role in Financing Fraud SchemeRead the Press Release
Miami, Florida – A self-described film financier was sentenced today to 156 months’ imprisonment for orchestrating a scheme to steal over $60 million from investors and producers seeking financing for movies and Broadway shows.
Benjamin Forrest McConley, 39, of Miami, previously admitted his role in running a sophisticated movie financing fraud scheme. McConley pled guilty to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Case No. 19-CR-20447-Singhal).
McConley held himself out as a film producer and financier. In that role, McConley offered to provide financing to investors and producers seeking funds to produce motion pictures, theater performances, and other projects. McConley promised the victims that, in exchange for the victims’ cash contributions, McConley would “match” the contributions and use the combined funds to secure financing from financial institutions in South Florida and elsewhere.
A bank employee recruited by McConley, Benjamin Rafael, furthered the scheme by deceiving victims about the security of their funds. During the course of the scheme, Rafael was directed to falsely assure victims that their contributions or loans had been “matched” as promised in the funding agreements.
Victims lost millions of dollars based on these false representations and promises. The victims’ contributions were never “matched” the victims’ funds, as promised in the funding agreements. Instead, McConley stole victims’ money by transferring the funds to personal and corporate bank accounts, often within days of the victims’ contributions or loans. He spent the money on victims’ money on luxury automobiles, personal watercraft, real estate, stocks, jewelry, home furnishings, designer clothes, hotel accommodations, and private and commercial air travel.
In addition to the sentence of 156 months’ imprisonment, McConley was ordered to pay restitution to the victims, forfeit money and real estate traceable to the fraud scheme, and serve a term of supervised release of three years. The Court also entered a $69,000,000.00 forfeiture money judgment against McConley.
Co-defendant Rafael previously pled guilty and was sentenced to a combined 42 months’ imprisonment for his involvement in the scheme, as well as another case involving Paycheck Protection Program (“PPP”) loans he obtained through fraud. Co-defendant Jason Van Eman is scheduled for trial on March 14, 2022. The indictment against Van Eman contains allegations and he is innocent until proven guilty by a reasonable doubt in a court of law.
Juan Antonio Gonzalez, Acting U.S. Attorney for the Southern District of Florida, and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, made the announcement.
FBI Miami Field Office. The case is being prosecuted by Assistant U.S. Attorneys Christopher Browne and Elizabeth Young. Assistant U.S. Attorney Marx Calderon is responsible for the asset forfeiture component of the case.
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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Former Inmate Sentenced to 43 Months in Prison for Role in Scheme to use Drones to Smuggle Contraband into Federal Correctional Facility at Fort DixRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man was sentenced today to 43 months in prison for his role in a conspiracy to use drones to smuggle contraband, including cell phones and tobacco, into the federal correctional facility at Fort Dix, and for possessing with intent to distribute heroin and fentanyl, Acting U.S. Attorney Rachael A. Honig announced.
Jason Arteaga-Loayza, aka “Juice,” 30, of Jersey City, New Jersey, a former inmate at Fort Dix, previously pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiracy to defraud the U.S. Bureau of Prisons and one count of possession of heroin and fentanyl with the intent to distribute. Arteaga-Loayza, who was on federal supervised release at the time of the offenses, also pleaded guilty to violating his supervised release. Judge Wigenton imposed the sentence today by videoconference.
Three other men, Adrian Goolcharran, aka “Adrian Ahoda,” aka “Adrian Ajoda,” aka “Adrian Ajodha,” Nicolo Denichilo, and Johansel Moronta also have been charged with using drones to smuggle contraband into Fort Dix prison.
According to the documents filed in this case and statements made in court:
Arteaga-Loayza, an inmate at Fort Dix from June 2017 to September 2018, participated in multiple drone deliveries of contraband into Fort Dix after his release from prison. Between October 2018 and June 2019, Arteaga-Loayza arranged for Goolcharran, with Denichilo’s assistance, to fly drones over Fort Dix and drop packages of contraband into the prison, where it was sold to inmates for a profit. The packages that Arteaga-Loayza smuggled in included cell phones, cell phone accessories, tobacco, weight-loss supplements, eyeglasses, and various other items. Arteaga-Loayza, with Moronta’s assistance inside of the prison, took inmate requests for specific items of contraband and oversaw the collection of payments. Arteaga-Loayza also collected contraband for upcoming drone drops and stored it at his residence in Jersey City.
Arteaga-Loayza and his conspirators took various steps to prevent BOP officials from detecting and intercepting the contraband. They planned drone drops during the late evening hours or at night, when the drones were less likely to be seen. They flew the drones from concealed positions in the woods surrounding the prison. The lights on the drones were covered with tape to make it more difficult for prison officials to spot them.
Arteaga-Loayza and his conspirators used cell phones, including contraband phones concealed within the prison, to coordinate the drone drops. A contraband cell phone used by Moronta, who was an inmate at Fort Dix, contained text messages with Arteaga-Loayza about the collection of profits from the sale of the contraband inside of the prison. In one exchange, for instance, Moronta messaged Arteaga-Loayza about an inmate, “Ok so I am tell him 10 phones and 100 baco (tobacco) he has to pay 10 bands and 500 on each phone?” Arteaga-Loayza responded, “And well even give him an ounce of weed tell him.” One of Arteaga-Loayza’s cell phones contained messages between him and Goolcharran coordinating drone drops. For example, in April 2019, Arteaga-Loayza sent Goolcharran marked-up aerial photos of Fort Dix to show Goolcharran where to drop the contraband. In another exchange, Arteaga-Loayza sent Goolcharran a message asking, “U think that u cud do something 2m.” Goolcharran replied, “2m too windy 20mph.”
During a search of Arteaga-Loayza’s residence in June 2019, agents found packages of empty cell phone boxes, including a package with empty cell phone boxes that had been shipped to Arteaga-Loayza the day before a drone drop on Oct. 30, 2018, cell phone chargers, empty boxes of SIM cards, and several cell phones. They also found bags of Bugler tobacco, consistent with the Bugler tobacco recovered in earlier drone drops. Arteaga-Loayza also had a suitcase in his bedroom that contained his driver’s license, 20 packets of Suboxone Sublingual Film, a prescription opiate, and a plastic bag containing over 21 grams of a substance containing heroin and fentanyl. Following the search of his home, Arteaga-Loayza moved from his home and did not inform his probation officer of his whereabouts.
In addition to the prison term, Judge Wigenton also sentenced Arteaga-Loayza to three years of supervised release.
Acting U.S. Attorney Honig credited agents of the U.S. Department of Justice Office of the Inspector General, Cyber Investigations Office, under the direction of Special Agent in Charge Keith A. Bonanno; the U.S. Air Force Office of Special Investigations, Detachment 307, under the direction of Commander Nicholas Kaplan; and the U.S. Department of Transportation Office of Inspector General, Northeast Region, under the direction of Acting Special Agent in Charge Christopher Scharf, with the investigation leading to today’s sentencing.
She also thanked Federal Bureau of Prisons personnel at Fort Dix, under the direction of Warden Lamine N’Diaye; special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas J. Mahoney; officers with the Pemberton Borough Police Department, under the direction of Chief Edward Hunter; officers of the Pemberton Township Police Department, under the direction of Chief David King; and officers of the Chesterfield Township Police Department, under the direction of Chief Kyle Wilson, for their assistance.
The government is represented by Assistant U.S. Attorneys Jeffrey J. Manis and Cari Fais of the U.S. Attorney’s Office in Newark.
The charges and allegations contained in the criminal complaints issued against the remaining defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Florida Residents Charged with Conspiring to Violate Iran Sanctions, Other CrimesRead the Press Release
Miami, Florida -- Three Florida residents have been charged in federal district court in Miami with crimes related to alleged violations of U.S. sanctions on Iran, as well as money laundering.
Defendants Mohammad Faghihi, 52, his wife Farzeneh Modarresi, 53, and his sister Faezeh Faghihi, 50, operated Florida company Express Gene. According to the criminal complaint affidavit, between October 2016 and November 2020, Express Gene received numerous wire transfers from accounts in Malaysia, the People’s Republic of China, Singapore, Turkey, and the United Arab Emirates, totaling almost $3.5 million. It is alleged that some of the money received was used by Express Gene and its principals to purchase genetic sequencing equipment from U.S. manufacturers and ship them to Iran without a license from the Department of the Treasury, Office of Foreign Assets Control (OFAC) to export the machines, despite sanctions on Iran. The incoming money also was used by F. Faghihi and Modarresi to fund the 2019 purchase of the Express Gene property, says the affidavit.
On Feb. 20, 2021, Faghihi arrived at Miami International Airport from Iran, where he was inspected by Customs and Border Protection (CBP) officers. According to the charging documents, during his inspection, Faghihi made false statements, including that he did not practice his profession in Iran or conduct any type of research in Iran. In fact, Faghihi was the director of a laboratory within Shiraz University of Medical Science in Iran bearing his name: “Dr. Faghihi’s Medical Genetic Center,” says the affidavit. In addition, his luggage contained 17 vials of unknown biological substances covered with ice packs and concealed beneath bread and other food items, according to the affidavit. All the vials were subject to regulations.
From approximately 2013 to approximately 2020, Faghihi was an Assistant Professor at the Department of Psychiatry & Behavioral Sciences at the University of Miami (UM), Miller School of Medicine. During this period, he was the principal investigator on several National Institute of Health (NIH) grants awarded in February 2013, December 2016, and June 2017. It is alleged that Express Gene and Faghihi received large deposits from international wires during this period and that Faghihi failed to disclose them UM or NIH, as required.
Defendants made their initial federal court appearances today. Their pretrial detention hearings will take place tomorrow, September 15, at 10:00 a.m. in federal magistrate court in Miami.
All defendants are charged with conspiring to commit an offense against the United States and conspiring to commit money laundering. Faghihi and Modarresi also were charged with the unlawful exports of goods to Iran, and smuggling goods out of the United States. Faghihi and F. Faghihi were charged with smuggling goods into the United States and making false statements. Faghihi was further charged with wire fraud.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida; Special Agent in Charge George Piro of the FBI’s Miami Field Office; and Vernon Foret, Director, Customs and Border Protection (CBP) Miami Field Office made the announcement.
FBI Miami and CBP Florida are investigating the case. The University of Miami provided invaluable assistance.
Assistant U.S. Attorney Michael Thakur and Senior Litigation Counsel Randy Hummel of the Southern District of Florida and Trial Attorney Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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-mj-03823.
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Florida Residents Charged with Conspiring to Violate Iran Sanctions, Other CrimesRead the Press Release
Three Florida residents have been charged in federal district court in Miami with crimes related to their alleged violations of U.S. sanctions on Iran, and money laundering.
Defendants Mohammad Faghihi, 52, his wife Farzeneh Modarresi, 53, and his sister Faezeh Faghihi, 50, operated Florida company Express Gene. According to the criminal complaint affidavit, between October 2016 and November 2020, Express Gene received numerous wire transfers from accounts in Malaysia, the People’s Republic of China, Singapore, Turkey, and the United Arab Emirates, totaling almost $3.5 million. It is alleged that some of the money received was used by Express Gene and its principals to purchase genetic sequencing equipment from U.S. manufacturers and ship them to Iran without a license from the Department of the Treasury, Office of Foreign Assets Control (OFAC) to export the machines, despite sanctions on Iran. The incoming money also was used by F. Faghihi and Modarresi to fund the 2019 purchase of the Express Gene property, says the affidavit.
On Feb. 20, Faghihi arrived at Miami International Airport from Iran, where he was inspected by Customs and Border Protection (CBP) officers. According to the charging documents, during his inspection by CBP officers, Faghihi made false statements, including that he did not practice his profession in Iran or conduct any type of research in Iran. In fact, according to the affidavit, Faghihi was the director of a laboratory within Shiraz University of Medical Science in Iran bearing his name: “Dr. Faghihi’s Medical Genetic Center,”. In addition, his luggage contained 17 vials of unknown biological substances covered with ice packs and concealed beneath bread and other food items, according to the affidavit. All the vials were subject to regulations.
From approximately 2013 to approximately 2020, Faghihi was an Assistant Professor at the Department of Psychiatry & Behavioral Sciences at the University of Miami (UM), Miller School of Medicine. During this period, he was the principal investigator on several National Institute of Health (NIH) grants awarded in February 2013, December 2016 and June 2017. It is alleged that Express Gene and Faghihi received large deposits from international wires during this period, but they were not disclosed as required to either UM or NIH’s financial conflict of interest reporting system.
Defendants made their initial federal court appearances today. Their pretrial detention hearings will take place tomorrow, Sept. 15, at 10:00 a.m. in federal magistrate court in Miami.
All defendants are charged with conspiring to commit an offense against the United States and conspiring to commit money laundering. Faghihi and Modarresi are also charged with the unlawful exports of goods to Iran, and smuggling goods out of the United States. Faghihi and F. Faghihi were charged with smuggling goods into the United States and making false statements. Faghihi is further charged with wire fraud.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida; Special Agent in Charge George Piro of the FBI’s Miami Field Office; and Director Vernon Foret of Customs and Border Protection (CBP) Miami Field Office made the announcement.
FBI Miami and CBP Miami are investigating the case. The University of Miami provided invaluable assistance.
Assistant U.S. Attorney Michael Thakur and Senior Litigation Counsel Randy Hummel of the Southern District of Florida and Trial Attorney Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Five-Time ‘Career Criminal’ Sentenced to 27 Years for Gun CrimeRead the Press Release
A five-time felon found guilty of a gun crime was sentenced today to 27 years in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Following a two-day trial in March, a jury in Fort Worth convicted Abedel Sattar Alkheqani, 27, of being a felon in possession of a firearm and ammunition. He was sentenced Tuesday afternoon by Senior U.S. District Judge Terry R. Means.
Due to his multiple prior felony convictions, Mr. Alkheqani received a sentencing enhancement under the Armed Career Criminal Act, which raises the maximum penalty for offenders with three previous convictions for a violent felony or serious drug offense.
According to evidence presented at trial, Mr. Alkheqani was arrested in March 2020, after officers with the Arlington Police Department identified him as a suspect in a shooting that occurred in a residential neighborhood in Arlington, Texas.
Witnesses told law enforcement that the suspect exited a pickup truck, pistol in hand, and fired three times as the victim tried to flee. The victim was struck multiple times and hospitalized, but ultimately recovered.
Based on witnesses’ descriptions of the suspect’s truck as well as surveillance video, officers were able to locate the truck used in the shooting approximately a half-mile from the scene. They determined the truck was registered to Mr. Alkheqani and noted that he matched witnesses’ descriptions of the shooter.
When officers pulled Mr. Alkheqani over a few hours later, they discovered marijuana in his jacket pocket and arrested him for possession. He then gave written consent for officers to search his home and vehicle.
During the search of Mr. Alkheqani's truck, law enforcement recovered a single round of 9mm caliber ammunition, which matched the manufacturer and caliber of the shell casings recovered at the shooting scene. At his residence, they recovered a .22 caliber rifle beside his bed and a magazine containing ammunition for the rifle within arm’s reach.
Mr. Alkheqani told officers that the rifle was his wife’s, but in recorded jailhouse calls, Mr. Alkheqani asked his wife, “is my rifle still there?” before correcting himself and stating, “I mean your rifle.”
Forensic analysis later revealed that gunshot residue was recovered from Mr. Alkheqani’s body on the day of the shooting.
A query of Mr. Alkheqani's criminal history revealed five prior felony convictions, including four for burglary of a habitation – all offenses that made it a federal crime for him to possess a firearm or ammunition.
The Arlington Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division conducted the investigation. Assistant U.S. Attorneys Levi Thomas and Frank Gatto tried the case.
El Departamento de Justicia llega a un acuerdo en un caso de represalias en virtud del Título IV con el sistema de tribunales estatales de FloridaRead the Press Release
N.B.: Este comunicado de prensa ha sido traducido al español. Para visualizarlo en inglés, véase el anexo a continuación.
WASHINGTON – El Departamento de Justicia anunció un acuerdo conciliatorio con el sistema de tribunales estatales de Florida que resuelve una investigación y un hallazgo de represalias en virtud del Título VI de la ley de Derechos Civiles de 1964. Como parte del acuerdo, los tribunales estatales de Florida implementarán políticas y capacitación contra represalias y pagarán 160.000 $ por concepto de daños y perjuicios a un exempleado que fue víctima de represalias.
El acuerdo conciliatorio resuelve el hallazgo del Departamento de Justicia que el Séptimo Tribunal de Circuito Judicial de Florida tomó represalias contra el exempleado, en contra del Título VI, que prohíbe la discriminación por motivos de raza, color de piel o nacionalidad de origen por parte de beneficiarios de apoyo financiero federal y prohíbe las represalias contra individuos que participan en una actividad protegida al amparo del Título VI, tal como presentar una querella o participar en una investigación. El Departamento concluyó que, de manera ilegal, el Séptimo Tribunal de Circuito Judicial de Florida despidió al empleado por ayudar a un usuario del tribunal cuyo dominio del inglés era limitado (LEP, por sus siglas en inglés) y por ayudar a un defensor que presentó una querella ante el Departamento de Justicia al amparo del Título VI en relación con servicios de acceso lingüístico.
«Este acuerdo conciliatorio transmite un mensaje que aquellos que defienden los derechos civiles fundamentales, tales como el derecho al acceso significativo a nuestro sistema judicial, deben tener la posibilidad de hacerlo sin miedo de represalias», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles. «La División de Derechos Civiles seguirá investigando a fondo los alegatos de represalias contra personas que, con valentía, hacen frente a otros para hacerlos responsables de cumplir con las leyes que nosotros ejecutamos. Yo felicito al sistema de tribunales estatales de Florida por comprometerse a encargarse de estas represalias ilegales y a evitar su reaparición».
La ejecución del Título VI representa una de las prioridades principales de la División de Derechos Civiles. Para más información sobre la División de Derechos Civiles, vaya a su sitio web en www.justice.gov/crt-espanol y para más información sobre el dominio limitado del inglés y el Título VI, vaya a www.lep.gov. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
- El comunicado de prensa en inglés
- El acuerdo
- La carta de hallazgos
El Departamento de Justicia llega a un acuerdo con una compañía nacional de enseñanza de fútbol que resuelve un hallazgo de discriminación por motivos de estatus de ciudadaníaRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Challenger Sports Corporation (Challenger), una compañía de enseñanza de fútbol que administra programas de fútbol por todo el país, radicada en Lenexa, Kansas.
El acuerdo resuelve la acusación del Departamento de que Challenger no consideró a postulantes que eran trabajadores en este país para puestos a tiempo completo de enseñanza de fútbol en Pennsylvania, Maryland y la zona norte de Virginia porque la compañía prefirió contratar a trabajadores con visas temporales.
Con base en su investigación independiente, el Departamento concluyó que en la primavera del 2019, la oficina de Challenger en Baltimore (1) no consideró a postulantes en este país para puestos a tiempo completo para enseñar fútbol porque Challenger supuso que, por motivos de su estatus de ciudadanía, trabajadores en este país no estarían interesados en los puestos; y (2) tenía previsto llenar las vacantes con trabajadores con visas estacionales que se conocen como visas H-2B. Conforme la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés), los empleadores no pueden, por norma general, discriminar a trabajadores por motivos de su ciudadanía, estatus migratorio u origin nacional en ningún momento durante el proceso de contratación. Asimismo, el Departamento de Trabajo requiere que cualquier empleador que pida permiso para contratar a trabajadores H-2B contrate primero a todos los trabajadores cualificados y disponibles en este país que soliciten un puesto antes de la fecha límite relevante.
«Una compañía no puede decidir que va a ignorar solicitudes de trabajadores en este país debido a estereotipos sobre su disponibilidad para hacer ciertos tipos de trabajo o su deseo de reservar oportunidades laborales para personas con visas temporales», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Es injusto e ilegal negarse a considerar a trabajadores en este país para un puesto debido a su ciudadanía o estatus migratorio».
Conforme los términos del acuerdo conciliatorio, Challenger pagará $6.000 por concepto de sanciones civiles y creará un fondo para pagos retroactivos que asciende a $36.820 que pondrá a la disponibilidad de víctimas de discriminación elegibles. Por otra parte, Challenger cambiará sus políticas y procedimientos para que cumplen con la disposición antidiscriminatoria de la INA, capacitará a sus empleados en cuanto a los requisitos de esta ley antes de solicitar visas H-2B en el futuro y se someterá a los requisitos de supervisión del Departamento durante dos años, lo que incluye la entrega de informes rutinarias al Departamento.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación con base en el de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación. Aprenda más sobre las prohibiciones contra la discriminación por motivos de estatus de ciudadanía.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
District Woman Sentenced to Four Years in Federal Prison for Arson of Large Southeast Washington Apartment BuildingRead the Press Release
WASHINGTON –Laketia Hazelwood, 33, of Washington, D.C., has been sentenced to a four-year prison term for an arson that took place in June 2019 at Pennsylvania House, a 43-unit apartment building in Southeast Washington.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Charlie J. Patterson, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Robert J. Contee III, Chief of the Metropolitan Police Department (MPD), and John A. Donnelly, Sr., Chief of the D.C. Fire and Emergency Medical Services Department.
Hazelwood pleaded guilty in May 2021 to one count of transporting an explosive with intent to damage property. She was sentenced on Sept. 2, 2021, by the Honorable Richard J. Leon in the U.S. District Court for the District of Columbia. Following her prison term, she will be placed on one year of supervised release.
According to the government’s evidence, on June 17, 2019, at approximately 10 p.m., Hazelwood poured gasoline into a plastic trash can liner and carried it into the lobby of Pennsylvania House, in the 3900 block of Pennsylvania Avenue SE. There, she tossed the gasoline-filled bag onto the lobby floor and threw a series of matches onto it, eventually igniting a large fire. The flames consumed much of the lobby area and caused extensive damage before being extinguished by members of the D.C. Department of Fire and Emergency Medical Services.
Surveillance footage of Hazelwood’s actions was posted publicly at https://www.youtube.com/watch?v=wtlv3AOqo3c&t=5s, resulting in several important tips from the public.
In announcing the sentence, U.S. Attorney Phillips, Special Agent in Charge Patterson, Chief Contee, and Chief Donnelly commended the work of the MPD officers, ATF agents, and Fire Marshals who investigated the case. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kate Abrey and Teesha Tobias, and Supervisory Litigation Technology Specialist Leif Hickling.
Finally, they commended the work of Assistant U.S. Attorneys James Nelson and Andrew Floyd, who investigated and prosecuted the case.
Detroit Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. -- A Detroit, Michigan man was sentenced today to 42 months in prison for a federal drug crime.
According to court documents and statements made in court, Kaleb Wuopio, 26, was involved in a drug distribution enterprise operating in Kanawha County from April through June 2018. Wuopio admitted that he distributed fentanyl, heroin and cocaine base in exchange for cash during that timeframe. On June 21, 2018, law enforcement officers executed a search warrant on Wuopio’s Charleston residence. During the search, the officers located heroin, cash proceeds from drug sales, other drug distribution tools, such as scales, and two loaded handguns.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department. Assistant United States Attorney Andrew J. Tessman is handling the prosecution.
Senior United States District Judge John T. Copenhaver, Jr., 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. 2:20-cr-00115.
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Department of Justice Announces Department-Wide Policy on Chokeholds and 'No-Knock' EntriesRead the Press Release
The Department of Justice today announced written department-wide policies explicitly prohibiting the use of “chokeholds” and “carotid restraints” unless deadly force is authorized, and limiting the circumstances in which the department’s federal law enforcement components are authorized to use unannounced entries. The announcement follows a review with the department’s law enforcement agencies led by Deputy Attorney General Lisa O. Monaco.
“Building trust and confidence between law enforcement and the public we serve is central to our mission at the Justice Department,” said Attorney General Merrick B. Garland. “The limitations implemented today on the use of ‘chokeholds,’ ‘carotid restraints’ and ‘no-knock’ warrants, combined with our recent expansion of body-worn cameras to DOJ’s federal agents, are among the important steps the department is taking to improve law enforcement safety and accountability.”
“As members of federal law enforcement, we have a shared obligation to lead by example in a way that engenders the trust and confidence of the communities we serve,” said Deputy Attorney General Monaco. “It is essential that law enforcement across the Department of Justice adhere to a single set of standards when it comes to ‘chokeholds,’ ‘carotid restraints’ and ‘no-knock’ entries. This new policy does just that and limits the circumstances in which these techniques can be used.”
Under the new policy, the department’s law enforcement components will be prohibited from using “chokeholds” and “carotid restraints” unless deadly force is authorized, that is “when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.”
Federal agents are generally required to “knock and announce” their identity, authority and purpose, and demand to enter before entry is made to execute a warrant in a private dwelling. However, there are some circumstances where unannounced entries are authorized. The new policy generally limits the use of “no knock” entries in connection with the execution of a warrant to situations where an agent has reasonable grounds to believe that knocking and announcing the agent’s presence would create an imminent threat of physical violence to the agent and/or another person. This new policy is narrower than what is permitted by law. In setting the policy this way, the department is limiting the use of higher-risk “no knock” entries to only those instances where physical safety is at stake. If an agent suspects a threat to physical safety and seeks a “no knock” warrant, the agent must first get supervisory approval from both a federal prosecutor as well as the agent’s law enforcement component.
The policy does recognize, however, that there may be rare circumstances when there is justification – other than physical safety – to execute a “no knock” entry. If an exception is sought when there is no imminent threat of physical safety, the agent must first get approval from the head of the law enforcement component and the U.S. Attorney or relevant Assistant Attorney General before seeking judicial authorization for a “no knock” warrant.
For more information, see the Deputy Attorney General’s guidance to the Justice Department’s law enforcement components: https://www.justice.gov/dag/page/file/1432531/download
Today’s announcement expands on the department’s efforts to examine the way Justice Department law enforcement components engage with individuals who come into contact with the criminal justice system. See the Deputy Attorney General’s June 7, 2021, memo regarding Body Worn Cameras for the Justice Department’s federal law enforcement agents as well as the Sept. 1, 2021, announcement of the first Justice Department agents to implement BWCs: and https://www.justice.gov/opa/pr/justice-department-announces-first-federal-agents-use-body-worn-cameras.
Colombian Narcotrafficker Sentenced to 18 Years’ Imprisonment for Transporting More Than 50,000 Kilograms of Cocaine to the United StatesRead the Press Release
Earlier today, in federal court in Brooklyn, Alvaro Vivero Rendon was sentenced to 18 years’ imprisonment by United States District Judge Edward R. Korman for conspiracy to internationally distribute cocaine. As part of the sentence, the Court entered a forfeiture money judgment of $20 million. Vivero pleaded guilty to the charge in March 2017.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York; Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Dermot F. Shea, Commissioner, New York City Police Department (NYPD); and Kevin P. Bruen, Acting Superintendent, New York State Police (NYSP), announced the sentence.
“With today’s lengthy prison sentence and entry of a $20 million forfeiture money judgment, Vivero is prevented from profiting from his crimes while being held accountable for leading an international drug-trafficking conspiracy that transported massive quantities of cocaine into the United States through Central America and Mexico,” stated Acting United States Attorney Kasulis. “This Office and its law enforcement partners are committed to tracking down international narcotics traffickers like the defendant and stopping the pipeline of drugs coming into our communities from abroad.”
Ms. Kasulis expressed her appreciation to DEA’s Bogota Country Office Group 2 (BCO2) and the Colombian National Police (CNP) Direccion de Investigacion Criminal e Interpol (DIJIN) Sensitive Investigative Unit (SIU) for their assistance.
“Vivero played a vital role in international cocaine trafficking, pushing multi-million dollar loads into America,” stated DEA Special Agent-in-Charge Donovan. “Evident in his plea and $20 million forfeiture, Vivero bypassed laws, bribed corrupt law enforcement, and concealed contraband in order to profit off the sale of poison.”
“Alvaro Vivero Rendon is responsible for flooding American streets with tens of thousands of pounds of cocaine over a six-year period,” stated HSI Special Agent-in-Charge Fitzhugh. “The continued cooperation between law enforcement ensures Vivero and individuals like him can no longer profit from the poison he trafficked and will now have to face the consequences.”
According to court filings, from 2009 until his arrest in October 2014, Vivero led a massive international drug trafficking conspiracy responsible for trafficking tens of thousands of kilograms of cocaine from Colombia to intermediary locations in Central America and Mexico by air and by sea, before the cocaine was transported to the United States. Vivero shipped much of this cocaine through San Andres Island off the coast of Nicaragua, which he used as a strategic transshipment point. Vivero’s air drug route through San Andres relied on bribing corrupt law enforcement officials at airports in both mainland Colombia and on San Andres. From San Andres, Vivero’s workers usually sent the cocaine to Honduras via fast boats. After the fast boats unloaded the cocaine in Honduras, they were typically loaded with drug proceeds, usually in the form of U.S. dollars, which they transported back to San Andres before couriers brought suitcases full of drug proceeds back to mainland Colombia.
Vivero received an estimated $20 million for his role in the conspiracy. Vivero was arrested in Colombia in October 2014 and he was extradited to the United States in April 2016.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney Nomi D. Berenson is in charge of the prosecution. The Justice Department’s Office of International Affairs provided significant assistance in this matter.
The Defendant:
ALVARO VIVERO RENDON (also known as “Jhon Francisco Melo Barrera,” “John Francisco Melo Barrera,” “El Ingeniero,” “Felipe,” “Francisco Melo,” “La Policia,” “Principe,” “Profe” and “Alberto Ramos”)
Age: 56
Buga, ColombiaE.D.N.Y. Docket No. 14-CR-153 (S-1) (ERK)
Chicago Man Sentenced to More Than 12 Years for Carjacking and Weapons OffensesRead the Press Release
CHICAGO — A Chicago man who carjacked a vehicle at gunpoint and discharged the firearm in the city’s Uptown neighborhood was sentenced yesterday to 150 months in federal prison.
On the afternoon of July 28, 2020, MICHAEL C. PEARSON, 19, forcibly took a 2006 Buick Lucerne from two victims in the Uptown neighborhood of Chicago. During the carjacking, Pearson fired a pistol in the direction of a passenger of the vehicle.
Pearson pleaded guilty earlier this year to carjacking and weapons offenses. U.S. District Judge John F. Kness on Monday imposed the prison sentence in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; and David Brown, Superintendent of the Chicago Police Department. Valuable assistance was provided by the Cook County State’s Attorney’s Office.
“Carjackers have terrorized the city of Chicago and its surrounding suburbs for the past few years,” Assistant U.S. Attorney Albert Berry III argued in the government’s sentencing memorandum. “The community as a whole – victims, witnesses, society, and perpetrators – need to know that the federal system takes the crime of carjacking seriously and will justly punish those that commit the heinous offense.”
According to evidence in the case, Pearson and his associate pointed a firearm at the owner of the Buick and took her keys. Pearson’s associate got into the driver’s seat and drove away, with Pearson in the front seat and a victim in the back seat. Pearson fired the pistol in the direction of the victim. The bullet missed the victim and struck the roof of the Buick. Pearson’s associate crashed the vehicle and Pearson ran from the vehicle.
Captain Phip’s Seafood Pleads Guilty to Visa Fraud Resulting in Foreign Workers Being Paid Lower Wages Than Those to Which They Were EntitledRead the Press Release
Baltimore, Maryland – Phillip J. “Jamie” Harrington III, age 50, of Dorchester, Maryland, and his company, Capt. Phip’s Seafood Inc. pleaded guilty today to unlawful employment of undocumented workers and to visa fraud, respectively, related to the employment of temporary workers employed at Harrington companies.
The guilty pleas were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Andrew Wroblewski of the Washington Field Office of the U.S. Department of State’s Diplomatic Security Service (DSS); and Special Agent in Charge Derek Pickle, of the Washington Regional Office, U.S. Department of Labor - Office of Inspector General (DOL-OIG).
“Over a five-year period, Capt. Phips Seafood and its owners engaged in a calculated pattern of visa fraud that not only deceived the government but also resulted in lower wages to their employees,” said Acting U.S. Attorney Jonathan Lenzner. “Rather than play by the rules that other businesses follow, the defendants manipulated the H2-B visa program for the sole purpose of increasing their profits at the expense of their employees and the fair market.”
Philip J. Harrington, Jr. was Capt. Phip’s owner, President, and sole Director until his death on February 13, 2018. Since March 6, 2019, Capt. Phip’s has been owned and operated by Philip Harrington’s, son, Jamie Harrington. The primary business of Capt. Phip’s is the production and distribution of ice as well as the processing of seafood. For more than a decade, Capt. Phip’s has participated in the H-2B work visa program through which it has obtained temporary foreign workers to fill seasonal positions.
According to the company’s guilty plea, from 2013 through 2018, Captain Phip’s Seafood Inc. routinely sought prevailing wage determinations for multiple job descriptions, and then filed petitions for H-2B visas for only the jobs with the lowest prevailing wage, regardless of the actual work duties of the employees. The H-2B Visa Program is a temporary non-agricultural worker program in which an employer may seek temporary authorization for foreign workers to legally enter and work in the U.S. To obtain an H-2B Visa, the U.S. Department of Labor (DOL) must ensure the positions have been advertised to U.S.-based workers and assign the appropriate wage to be paid (“prevailing wage”) based on the job description.
As stated in the plea agreement, Captain Phip’s willfully submitted false and inaccurate job descriptions to obtain lower prevailing wages for its foreign workers. Capt. Phip’s omissions about the full scope of the job duties to be performed by its temporary foreign workers resulted in the DOL approving Capt. Phip’s to pay lower prevailing wage than it would have been authorized if Capt. Phip’s had provided truthful information.
For example, in 2016, Capt. Phip’s requested and received prevailing wage determinations for three position: ice conveyor operators with a prevailing wage of $12.51; oyster production workers with a prevailing wage of $16.96; and ice machine operators (ice production workers) with a prevailing wage of $11.10. Capt. Phip’s then filed a petition for ice production workers with the U.S. Citizenship and Immigration Services (USCIS). The petition was approved and the Department of State (DOS) issued 24 H-2B visas to non-immigrant Mexican nationals authorizing them to work for Capt. Phip’s as ice production workers in the United States. Once the Mexican ice production workers entered the United States, Capt. Phip’s used these workers for jobs beyond ice production, including for oyster processing, as maintenance workers, truck drivers and drivers’ assistants. Capt. Phip’s admits that it intentionally and falsely claimed that the foreign workers would only be engaged in ice production in order to pay them the lower prevailing wage. Had Capt. Phip’s truthfully filed for H-2B visas for many of these duties, these employees would have been entitled to a higher wage.
As stated in the company’s plea agreement, on August 31, 2017, a USCIS officer and government agents conducted a site visit at Capt. Phip’s location in Secretary, Maryland. At that time, Capt. Phip’s H-2B workers were authorized only to engage in oyster production work. During the site visit, three H-2B visa beneficiaries were interviewed through an interpreter and indicated that their current duties involved ice packing duties rather than oyster production work.
A USCIS officer and agents also interviewed Phillip Harrington, Jr., who signed all the H2-B visa petitions for Capt. Phip’s and his son, Jamie Harrington, who identified himself as the Vice President of Capt. Phip’s, responsible for “running the business,” to include the buying and selling of product, managing the levels of product, and hiring and/or firing. Jamie Harrington admitted that all of Capt. Phip’s H-2B workers were packing ice, and none of them were currently processing any oysters. The workers’ H-2B visas for 2017 only permitted them to work in oyster processing. Jamie Harrington admitted that Capt. Phip’s visa petitions should have been for workers for both ice and oyster processing.
During the August 31, 2017 interview, Jaime Harrington stated that he was also the President of Easton Ice Company, Inc. (“Easton Ice”). The principal office for Easton Ice is the same physical address as Capt. Phip’s premises in Secretary, Maryland. A subsequent interview of a recipient of multiple H-2B visas filed by Capt. Phip’s including in 2017, when the H-2B workers were only authorized for oyster processing, revealed that their duties that season were to drive a truck and deliver ice. In September 2017, an agent observed this person driving a truck bearing the name “Easton Ice.” The agent also saw another Capt. Phip’s H-2B recipient delivering ice and riding in the truck. Easton Ice did not apply for H-2B visas in 2017, and workers with H-2B visas obtained through Capt. Phips were not authorized to work for Easton Ice Company. Nevertheless, Jamie Harrington admitted that Capt. Phip’s H-2B visa recipients were routinely directed to perform work for Easton Ice and other businesses controlled by Philip and Jamie Harrington.
On August 9, 2018, government agents interviewed Jamie Harrington at Capt. Phip’s premises in Secretary, Maryland. Jamie Harrington admitted that the company was not in compliance with the requirements of the H-2B visa program and that some of Capt. Phip’s H-2B workers were driving trucks or performing other duties outside the scope of their visas, including performing work for other companies controlled by Philip and Jamie Harrington, including Easton Ice, Woodfield Ice Company, Inc. (“Woodfield Ice”), as well as two Ocean City, Maryland, motels owned by members of the Harrington family. Agents pointed out to Jamie Harrington that if the H-2B applications had been truthful about the location and job duties for workers at Woodfield Ice the prevailing wage would have been much higher because that business is in the Washington, D.C. metro area.
Between approximately 2013 and 2018, Capt. Phip’s filed petitions for H-2B visas for approximately 142, nonimmigrant workers. Capt. Phip’s officers involved in the H-2B process were aware that the nonimmigrant workers were intended to be employed to engage in work beyond the job descriptions authorized by the workers’ visas. Capt. Phip’s realized unlawful benefits through the use of fraudulently low prevailing wages between April 2013 to December 2018, although the exact amount cannot be determined. Capt. Phip’s has not participated in the H-2B visa program since at least January 2019.
Jamie Harrington is also the owner and operator of multiple other businesses involved the production and distribution of ice as well as processing of seafood, rental machinery, housing development, oyster farming, and other ventures including: Easton Ice; Woodfield Ice; PJH Oyster; Two Sons R.S., LLC; Philson Properties, LLC; Two Sons C.P. LLC; P&N Farms; Atlantic Rental, LLC; DMS Hurlock, LLC; The Preserve at Wright’s Wharf Homeowners Association; and Super Transporter, LLC. (together with Capt. Phip’s, the “Harrington Companies.”
Harrington admitted in his plea agreement that, beginning in 2013 and continuing through at least August 9, 2018, he engaged in a pattern and practice of hiring and employing workers without lawful immigration status at the Harrington Companies. Most of the unauthorized workers were Mexican citizens and nationals. Some of the undocumented workers Jamie Harrington hired and employed entered the United States lawfully and overstayed their visas, others never had lawful status to be present in the United States. Analysis of payroll and other records shows that approximately 89 undocumented workers were employed by the Harrington Companies between 2013 and 2018. Harrington continued to employ several of the workers even after he knew they had been placed into removal proceedings by immigration officials because they did not have lawful status to be present or working in the United States.
Jamie Harrington faces a maximum sentence of six months in federal prison and a $267,000 fine for the unlawful employment of undocumented workers. Captain Phip’s Seafood faces a maximum sentence of five years’ probation and a $500,000 fine for the unlawful employment of undocumented workers. U.S. District Judge Ellen L. Hollander has scheduled sentencing for both on November 23, 2021 at 10:00 a.m.
Acting United States Attorney Jonathan F. Lenzner commended HSI, DSS, and DOL-OIG for their work in the investigation and thanked the Baltimore District Office of the U.S. Department of Labor’s Wage and Hour Division for its assistance. Mr. Lenzner thanked Assistant U.S. Attorneys Zachary A. Myers and Judson T. Mihok, who are prosecuting the case.
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Bourbonnais Man Sentenced to 10 Years in Prison for Enticement of a MinorRead the Press Release
URBANA, Ill. – Timothy Lyle Dean, 38, of the 200 block of Spencer Court, in Bourbonnais, Illinois, was sentenced today to 10 years in federal prison, to be followed by eight years of supervised release, for enticement of a minor.
In April 2021, a federal jury convicted Dean of one count of enticement of a minor. Evidence presented at trial showed that the Federal Bureau of Investigation identified Dean when he arranged to meet an individual he believed to be a 14-year-old minor for sexual activity on the dating application Grindr.
In March 2020, a federal grand jury returned an indictment charging Dean with enticement following his February arrest pursuant to a criminal complaint. U.S. Magistrate Judge Eric I. Long ordered that Dean be detained pending trial following that arrest, and he has remained in the custody of the U.S. Marshals Service.
Dean was arrested over Valentine’s Day weekend in 2020 as part of an FBI Springfield Division Operation conducted in Kankakee County, Illinois. The operation was conducted with the coordination and assistance of the Bradley Police Department, the Kankakee County Sheriff’s Office, and the Kankakee Area Metropolitan Enforcement Group. Assistant U.S. Attorney Elly Peirson and Special Assistant U.S. Attorney Shannon O’Brien-Ranck – also the Deputy Bureau Chief with the Illinois Attorney General’s Office, Internet Crimes Against Children Task Force – represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Boise Man Sentenced to 28 Years in Prison for Producing Child PornographyRead the Press Release
BOISE – Joseph Anthony Lee, 38, of Boise, was sentenced to 336 months in federal prison for sexual exploitation of a child, announced Acting U.S. Attorney Rafael M. Gonzalez, Jr. today. Senior U.S. District Judge B. Lynn Winmill also ordered Lee to serve 15 years of supervised release following his prison sentence. Lee pleaded guilty to the charges on March 22, 2021.
According to court records, the investigation began after a thirteen-year-old female reported that Lee had been sexually abusing her for several years. Following the victim’s disclosure, the Boise Police Department (BPD) obtained a search warrant for Lee’s residence. BPD executed the search warrant on January 23, 2020. BPD contacted Lee and seized his cellphone. After obtaining a search warrant for Lee’s cellphone, BPD located explicit images and videos that Lee had produced of himself sexually abusing the victim. BPD also located numerous files of child pornography depicting other children.
Acting U.S. Attorney Gonzalez commended the investigators from Boise Police Department and the Ada County Prosecutor’s Office for aggressively pursuing this defendant and holding him accountable. “As parents, colleagues, teachers, and caregivers, we must be vigilant in reporting these types of crimes to law enforcement. Please help us prevent child abuse,” he concluded.
At sentencing, Judge Winmill also ordered Lee to pay restitution of $18,000 to victims in the images he possessed. As a result of conviction, Lee will be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Belfry Man Sentenced to 197 Months for Conspiracy to Distribute 500 grams or more of MethamphetamineRead the Press Release
LONDON, Ky.— A Belfry, Ky., man, Brian Keith Wells, 45, was sentenced on Monday to 197 months in prison, by U.S. District Judge Robert E. Wier, for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine.
According to Wells’ plea agreement, beginning in November 2018 and continuing until on or about February 2020, in Pike County, Ky., and elsewhere, Wells conspired with others to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
Wells pleaded guilty in April 2021.
Under federal law, Wells must serve 85 percent of his prison sentence, and upon his release from prison will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; J. Scott, Special Agent in Charge, DEA, Louisville Field Division; Edward J. Gray, Acting Special Agent in Charge, Louisville Field Office; and Colonel Phillip Burnett, Commissioner, Kentucky State Police, announced the sentence.
The investigation was conducted by the DEA, FBI, and KSP. The United States was represented by Assistant U.S. Sam Dotson.
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14 Defendants Indicted, Including the Entire Administration of the Colombo Organized Crime FamilyRead the Press Release
Earlier today, in federal court in Brooklyn, a 19-count indictment was unsealed charging 14 defendants, including 10 members and associates of the Colombo crime family of La Cosa Nostra and a member of the Bonanno organized crime family, with various offenses including labor racketeering involving multiple predicate acts of extortion conspiracy, attempted extortion and extortion, extortionate collection of credit conspiracy, extortionate collection of credit and money laundering conspiracy. The charges in the indictment against the Colombo crime family members relate to multiple charged schemes in a long-running effort by the crime family to infiltrate and take control of a Queens-based labor union (the “Labor Union”) and its affiliated health care benefit program (the “Health Fund”) that provides medical benefits, including dental, optical and pharmacy benefits, to the members of the Labor Union, and to a conspiracy to commit fraud in connection with workplace safety certifications.
Among those charged with racketeering are Andrew “Mush” Russo, the boss of the Colombo crime family, Benjamin “Benji” Castellazzo, the underboss, and Ralph DiMatteo, the consigliere. Alleged Colombo crime family captains Theodore Persico, Jr., Richard Ferrara and Vincent Ricciardo are charged with racketeering, along with soldier Michael Uvino and associates Thomas Costa and Domenick Ricciardo. In addition, alleged Bonanno family soldier John Ragano is charged with loansharking, fraud and drug trafficking offenses.
Thirteen defendants were arrested today in New York and New Jersey and are scheduled to be arraigned via videoconference this afternoon before United States Magistrate Judge Taryn A. Merkl at the federal courthouse in Brooklyn. Vincent Ricciardo was arrested in North Carolina and will be arraigned before United States Magistrate Judge David C. Keesler in federal court in Charlotte. DiMatteo remains at large.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York; Michael Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Jonathan Mellone, Special Agent-in-Charge, U.S. Department of Labor Office of Inspector General, New York Region (DOL-OIG); Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD); Dermot F. Shea, Commissioner, New York City Police Department (NYPD); and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the charges and arrests.
“Today’s charges describe a long-standing, ruthless pattern by the administration of the Colombo crime family, its captains, members and associates, of conspiring to exert control over the management of a labor union by threatening to inflict bodily harm on one of its senior officials and devising a scheme to divert and launder vendor contract funds from its health care benefit program. In addition, for their own enrichment, the defendants conspired to engage in extortionate loansharking, money laundering and fraud, as well as drug trafficking,” stated Acting U.S. Attorney Kasulis. “This Office and its law enforcement partners are committed to dismantling organized crime families, eliminating their corrupt influence in our communities and protecting the independence of labor unions.”
Ms. Kasulis also thanked the U.S. Department of Labor, Employee Benefits Security Administration, Atlanta and New York Offices (DOL-EBSA), the Nassau County District Attorney’s Office, the Waterfront Commission of New York Harbor and the Department of Justice’s Organized Crime and Gang Section for their valuable assistance in the investigation.
“Everything we allege in this investigation proves history does indeed repeat itself. The underbelly of the crime families in New York City is alive and well. These soldiers, consiglieres, under bosses, and bosses are obviously not students of history, and don't seem to comprehend that we're going to catch them. Regardless of how many times they fill the void we create in their ranks, our FBI Organized Crime Task Force, and our law enforcement partners, are positioned to take them out again, and again,” stated FBI Assistant Director-in-Charge Driscoll.
“An important mission of the Office of Inspector General is to investigate criminal allegations relating to organized crime and their illicit influence over labor unions and their affiliated employee benefit plans. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated DOL-OIG Special Agent-in-Charge Mellone.
“The indictment of 14 defendants, including members of the Columbo crime family on labor racketeering, extortion and money laundering charges should send a clear and concise message that these types of crimes will never be tolerated by law enforcement. By infiltrating and taking control of a Queens-based labor union and its affiliated health care benefit program these defendants were able to extort a substantial amount of money which should have been used for the members of the union. These benefits included medical, dental, optical and pharmaceutical. Congratulations to all of the investigators and their affiliated agencies on a job well done during this extensive investigation,” stated NCPD Commissioner Ryder.
“This indictment is another example of the NYPD’s long-term commitment, working with its law enforcement partners, in making sure those accused of organized crime are held accountable. I commend those who carried out the investigation as well as the office of the United States Attorney for the Eastern District in New York for its work in ensuring there is justice in this case,” stated NYPD Commissioner Shea.
“Every time construction certifications are faked, every time bogus records are created and used to manipulate the facts, building in this City is undermined and New Yorkers' safety is compromised. This investigation is evidence of how corruption can erode the integrity of construction in New York City. And these charges reveal how DOI is working with its law enforcement partners to uncover and stop the illegal conduct,” stated DOI Commissioner Garnett. “DOI thanks the City Department of Buildings for reporting allegations related to this conduct, and the Office of the United States Attorney for the Eastern District of New York, the FBI, and the Office of Inspector General for the U.S. Department of Labor for their partnership.”
As set forth in the indictment and other court documents, the defendants and their co-conspirators committed a variety of crimes – including extortion, loansharking, fraud and drug trafficking – on behalf of the Colombo organized crime family. First, the Colombo crime family’s administration, including Russo, Castellazzo and Dimatteo, as well captains Persico, Ferrara and Vincent Ricciardo, used extortionate means, including direct threats of bodily harm, to control the management of the Labor Union and caused it to make decisions that benefitted the Colombo crime family. Since approximately 2001, Colombo captain Vincent Ricciardo and his cousin, associate Domenick Ricciardo, have collected a portion of the salary of a senior official in the Labor Union (“John Doe #1”) by threatening to harm John Doe #1 and his family. At the direction of the Colombo crime family’s leadership, beginning in late 2019, the defendants broadened the extortion effort to force John Doe #1 and others at the Labor Union and its affiliated Health Fund to make decisions that benefitted the Colombo crime family, including by forcing them to select vendors for contracts who were associated with the Colombo crime family. The defendants sought to divert more than $10,000 per month from the Health Fund’s assets to the administration of the Colombo crime family.
For example, on June 21, 2021, in a consensually recorded conversation, Vincent Ricciardo threatened to kill John Doe #1 if he did not comply with Vincent Ricciardo’s demands. He explained that John Doe #1 knows, “I’ll put him in the ground right in front of his wife and kids, right in front of his f-----g house, you laugh all you want pal, I’m not afraid to go to jail, let me tell you something, to prove a point? I would f-----g shoot him right in front of his wife and kids, call the police, f--k it, let me go, how long you think I’m gonna last anyway?”
Further, Colombo crime family members Russo, Castellazzo, Dimatteo, Ferrara, Persico, Vincent Ricciardo, Uvino joined with defendants Thompkins and Bellantoni, among others, to devise a scheme to launder money from Health Fund contracts and payments through third parties and eventually to the Colombo crime family’s leaders. The defendants attempted to re-bid Health Fund vendor contracts for claims administration, pharmaceuticals and other health services to persons and companies affiliated with the defendant Joseph Bellantoni. Bellantoni and others agreed that in exchange for the new vendor contracts, they would pay kickbacks to the Colombo crime family and would use various intermediaries to hide the payments.
The indictment also charges Bonanno organized crime family soldier John Ragano with leading a scheme to issue fraudulent workplace safety training certifications. As alleged, Ragano operated two workplace safety schools in the New York area that claimed to provide Occupational Safety and Health Administration’s (“OSHA”) training courses and certifications, along with various New York state certifications, to construction industry workers. Rather than provide training, Ragano along with his business partner John Glover and Domenick Ricciardo, falsified paperwork to the U.S. Department of Labor and other government agencies which represented that hundreds of workers had completed required safety courses when in reality they had not. Instead, various defendants used Ragano’s “schools” to conduct meetings involving members of La Cosa Nostra and to store illegal drugs and fireworks.
Vincent Ricciardo, Uvino, Ragano and Costa are also charged with loansharking. As alleged, these defendants participated in extending and collecting on extortionate loans totaling $250,000 to an individual identified as “John Doe #2.” The defendants charged and collected a weekly 1.5% interest rate that did not reduce the principal owed and divided the proceeds between themselves. Further, Vincent Ricciardo, Ragano, Costa, Glover and Vincent Martino were charged with conspiracy to distribute marijuana by transporting large shipments of marijuana in vehicles from New York to Florida. Vincent Ricciardo and Costa were also charged, as previously convicted felons, with possessing and transporting ammunition, and Persico, who is currently on federal supervised release following his release for a prior racketeering conviction, was charged with lying to federal court officers about his dealings with other Colombo crime family members.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants each face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys James P. McDonald and Devon Lash are in charge of the prosecution.
The Defendants:
ANDREW RUSSO (also known as “Mush”)
Age: 87
Glen Head, New YorkJOSEPH BELLANTONI
Age: 39
Massapequa, New YorkBENJAMIN CASTELLAZZO (also known as “Benji”)
Age: 83
Manahawkin, New JerseyTHOMAS COSTA
Age: 52
West Islip, New YorkRALPH DIMATTEO
Age: 66
Merrick, New YorkRICHARD FERRARA
Age: 59
Brooklyn, New YorkJOHN GLOVER
Age: 62
Queens, New YorkVINCENT MARTINO
Age: 43
Medford, New YorkTHEODORE PERSICO, JR. (also known as “Teddy”)
Age: 58
Brooklyn, New YorkJOHN RAGANO (also known as “Bazoo” and “Maniac”)
Age: 59
Franklin Square, New YorkDOMENICK RICCIARDO
Age: 56
Franklin Square, New YorkVINCENT RICCIARDO (also known as “Vinny Unions”)
Age: 75
Franklin Square, New YorkERIN THOMPKINS
Age: 53
Franklin Square, New YorkMICHAEL UVINO
Age: 56
Garden City, New YorkE.D.N.Y. Docket No. 21-CR-466 (ARR)
Monday 13 September 2021
Virginia Beach Man Sentenced for Child Pornography OffensesRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced on Thursday to nearly 20 years in prison, to be followed by a lifetime of supervised release, for receiving and possessing images of child sexual abuse.
“This defendant’s appalling conduct included his possession of over 30,000 images and over 3,000 videos depicting the sexual exploitation of children,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “The significant sentence imposed in this case sends a strong message of deterrence and a clear warning to those who are considering committing crimes that involve the continued victimization of children.”
According to court documents and evidence presented at trial, in July 2018, the FBI executed a search warrant at the residence of Bradley Jeffrey-Moe, 29 after an online undercover operation identified Jeffery-Moe as having made available dozens of images of child sexual abuse for download over various peer-to-peer networks. During the search, the FBI discovered five electronic devices which contained thousands of images of child sexual abuse, as well as digital records reflecting the use of peer-to-peer software to search for and download such images. During a Mirandized interview conducted by the FBI, Jeffery-Moe confessed that he had downloaded and viewed the images.
Jeffrey-Moe was sentenced to 236 months. He was previously convicted by a federal jury on November 13, 2020. According to forensic evidence presented at trial through expert testimony, a total of over 30,000 images and 3,000 videos of child pornography were recovered from the defendant’s electronic devices.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen.
Assistant U.S. Attorneys Anthony Mozzi and Michael Gill prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-165.
United States Attorney's Office District of Arizona August 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
212 individuals were charged in August with illegal reentry
A. 180 of those 212 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 180 individuals with non-immigration criminal records:
1. 42 had violent crime convictions, including:
4 individuals had homicide convictions
6 individuals had sex offense convictions
12 individuals had domestic violence convictions2. 13 had property crime convictions
3. 37 had DUI convictions
4. 98 had drug crime convictions
B. 125 of those 180 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
53 individuals were charged in August with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in August with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
RELEASE NUMBER: 2021-059_August Immigration and Border Crimes Report
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Union County Man Sentenced to Five Years in Prison for Receipt and Possession of Child PornographyRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was sentenced today to 60 months in prison for receipt and possession of images of child sexual abuse, Acting U.S. Attorney Rachael A. Honig announced.
Jeffrey Shreve, 38, of Scotch Plains, New Jersey, previously pleaded guilty before U.S. District Judge Brian R. Martinotti to an information charging him with receiving and possessing images of child pornography. Judge Martinotti imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Shreve used peer-to-peer file sharing software to seek and obtain images of child sexual abuse, including images of prepubescent children.
In addition to the prison term, Judge Martinotti sentenced Shreve to seven years of supervised release and ordered restitution of $6,000.
Acting U.S. Attorney Honig credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s sentencing.
The government is represented by Counsel to the U.S. Attorney Caroline Sadlowski of the U.S. Attorney’s Office in Newark.
Tulsa Man Sentenced to 47 months in Prison for Domestic Violence AssaultRead the Press Release
A Tulsa man was sentenced Monday in federal court for assaulting and strangling his former intimate partner, announced Acting U.S. Attorney Clint Johnson.
U.S. District Judge Claire V. Eagan sentenced Terrance DuJuan Reed, 29, to 47 months followed by 3 years of supervised release.
“Terrance Reed violently beat and strangled his former intimate partner and now will spend almost four years in prison,” said Acting U.S. Attorney Clint Johnson. “A woman’s risk of being murdered increases exponentially if she has previously suffered non-fatal strangulation at the hands of her intimate partner. What we know is that successful domestic violence prosecutions coupled with access to vital community resources can save lives. My office remains committed to supporting victims and holding these dangerous perpetrators accountable for the emotional and physical harm they inflict on their partners.”
On June 8, 2020, Reed pleaded guilty to assault of an intimate partner by strangling, suffocating, or attempting to strangle or suffocate in Indian Country.
According to the complaint and accompanying affidavit initially filed in the case, Reed asked for a ride on Feb. 16, 2020. During the car ride, Reed began yelling at and questioning the victim about a recent trip she took with friends. Once they arrived at his destination, he demanded to check her text messages. Following the victim’s refusal to hand over her cell phone, Reed punched the victim, dragged her from the car, and began to strangle the victim with his hands. He then placed his arm around her throat and neck and strangled her until she passed out. He continued his violent attack by punching the victim in the head, eyes, and mouth. Upon regaining consciousness, the victim attempted to call 911 for help, but Reed took her cell phone and fled the scene.
The victim drove herself to a family member’s home to receive help, 911 was called, and emergency responders transported the victim to the hospital for care.Reed was located and arrested by Tulsa Police officers on Feb.17, 2020.
Intimate Partner Violence statistics:
-On a typical day, domestic violence hotlines nationwide receive approximately 20,800 calls.
-According to the CDC, nearly 1 in 4 adult women and approximately 1 in 7 adult men report having experienced severe physical violence.
-About 55% of female homicide victims in the United States were killed by an intimate partner who abused them.
-Strangulation has been identified as one of the most lethal forms of domestic violence: unconsciousness may occur within seconds and death within minutes.
-Visible signs of strangulation may not occur for hours to days after the incident.
- Injuries resulting from strangulation are often not visible.
-Learn more about the short and long term effects of strangulation here: https://www.familyjusticecenter.org/wp-content/uploads/2017/11/Facts-Victims-of-Strangulation-Choking-Need-to-Know-Brochure-2017.pdf or at https://www.thehotline.org/resources/the-dangers-of-strangulation/.
You can find more domestic violence statistics at the National Hotline for Domestic Violence here.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Cymetra M. Williams prosecuted the case.
Texas plastics corporation will pay nearly $3M for violating Clean Air ActRead the Press Release
HOUSTON - Formosa Plastics Corporation has agreed to pay $2.85 million in civil penalties and improve its risk management program to resolve alleged violations of the Chemical Accident Prevention Provisions of the Clean Air Act (CAA) at their petrochemical manufacturing plant in Point Comfort.
In the complaint, filed today with the proposed consent decree, the United States alleges 20 violations of the CAA. Formosa’s Point Comfort plant is subject to Section 112(r) of the CAA regulations, known as the Risk Management Program, which are designed to prevent the accidental release of hazardous substances.
The Environmental Protections Agency’s (EPA) investigation of Formosa was spurred by a series of fires, explosions and accidental releases at the Point Comfort plant spanning from May 2013 through October 2016. These accidents caused injuries to workers, including second- and third- degree burns and chlorine inhalation requiring hospitalization as well as property damage and the release of extremely hazardous substances to the environment.
“Formosa repeatedly failed to comply with the chemical accident prevention provisions of the CAA at the Point Comfort plant, repeatedly placing their workers, neighbors and the environment in serious danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement will ensure Formosa’s compliance with essential regulations intended to protect workers and the community as well as help prevent dangerous chemical releases from occurring in the future.”
“This case demonstrates the importance of adopting and executing adequate chemical safety procedures to protect the safety of workers, the community and the environment,” said Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas.
“Formosa’s failure to implement safe work practices and failure to design and maintain a safe facility put public health and the environment at risk,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement requires Formosa to achieve compliance with its environmental obligations now and in the future, protecting air quality and the community of Point Comfort.”
Formosa will be required to update its response and personal protection plans to prevent employee injury, conduct a third-party audit of its risk management practices, perform corrective actions based on audit results and develop key performance indicators to evaluate future compliance. In addition, the company agreed to conduct a service compatibility evaluation to identify any incompatible equipment and implement a mechanical integrity reporting program.
The cost of the injunctive relief is estimated to be at least $1.4 million and will greatly improve the safe management of hazardous substances at the facility.
Congress added section 112(r) to the CAA in response to a 1984 catastrophic release of methyl isocyanate in Bhopal, India, that killed more than 3,400 people and caused over 200,000 others to suffer injuries. Under the CAA, facilities like Formosa’s are required to identify hazards, design and maintain a safe facility, minimize the consequences of accidental releases that do occur and comply with regulatory prevention measures. Failing to comply with these requirements increases the risk of accidents and threatens surrounding communities.
Reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Texas Plastics Corporation Will Pay Nearly $3 Million for Violating Clean Air ActRead the Press Release
Formosa Plastics Corporation, Texas, has agreed to pay $2.85 million in civil penalties and to improve its risk management program to resolve alleged violations of the Chemical Accident Prevention Provisions of the Clean Air Act (CAA) at its petrochemical manufacturing plant in Point Comfort, Texas.
In the complaint, filed today with the proposed consent decree, the United States alleges 20 violations of the CAA. Formosa’s Point Comfort plant is subject to Section 112(r) of the CAA regulations, known as the Risk Management Program, which are designed to prevent the accidental release of hazardous substances.
The Environmental Protection Agency (EPA)’s investigation of Formosa was spurred by a series of fires, explosions and accidental releases at the Point Comfort plant spanning from May 2013 through October 2016. These accidents caused injuries to workers, including second- and third-degree burns and chlorine inhalation requiring hospitalization, as well as property damage and the release of extremely hazardous substances to the environment.
“Formosa repeatedly failed to comply with the chemical accident prevention provisions of the Clean Air Act at the Point Comfort plant, repeatedly placing their workers, neighbors and the environment in danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement will ensure Formosa’s compliance with essential regulations intended to protect workers and the community as well as help prevent dangerous chemical releases from occurring in the future.”
“This case demonstrates the importance of adopting and executing adequate chemical safety procedures to protect the safety of workers, the community and the environment,” said Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas.
“Formosa’s failure to implement safe work practices and failure to design and maintain a safe facility put public health and the environment at risk,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement requires Formosa to achieve compliance with its environmental obligations now and in the future, protecting air quality and the community of Point Comfort.”
Formosa will be required to update its response and personal protection plans to prevent employee injury, conduct a third-party audit of its risk management practices, perform corrective actions based on audit results and develop key performance indicators to evaluate future compliance. In addition, the company agreed to conduct a service compatibility evaluation to identify incompatible equipment and implement a mechanical integrity reporting program.
The cost of the injunctive relief is estimated to be at least $1.4 million and will greatly improve the safe management of hazardous substances at the facility.
Congress added section 112(r) to the CAA in response to a 1984 catastrophic release of methyl isocyanate in Bhopal, India, that killed more than 3,400 people and caused over 200,000 others to suffer injuries. Under the CAA, facilities like Formosa’s are required to identify hazards, design and maintain a safe facility, minimize the consequences of accidental releases that do occur and comply with regulatory prevention measures. Failing to comply with these requirements increases the risk of accidents and threatens surrounding communities.
Reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
South Bend Man Sentenced to More Than 24 Years in Federal Prison for Child Sex AbuseRead the Press Release
GRAND RAPIDS, MICHIGAN — Alexander Scott Yossett, 28, of South Bend, Indiana, was sentenced to 293 months (more than 24 years) in federal prison for committing sexual assaults against a young child, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Hala Y. Jarbou imposed lifetime supervised release that will commence once Yossett is released from imprisonment. Yossett will also be required to register as a sexual offender.
Yossett pled guilty on May 26, 2021, to Abusive Sexual Contact with a Child Under 12 Years. He admitted that he had repeatedly sexually assaulted a young child while on a tribal reservation in Michigan. In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of a lengthy sentence, pointing to the seriousness of the defendant’s conduct and the need to deter others and protect the public. The United States emphasized the particularly despicable nature of child sex abuse and the lasting scars it leaves on its victims.
U.S. Attorney Birge stated: “The federal penalties for those who sexually abuse children are severe and well-deserved. My office is dedicated to working these cases with our tribal, state, local, and federal partners to make sure that victims receive justice and needed services and that predators are sent away and can pose no threat to children for a very long time.”
This case was jointly investigated by the Pokagon Band of Potawatomi Tribal Police Department and the Federal Bureau of Investigation.
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South Bay Man Pleads Guilty to Federal Charges for Producing Sexually Explicit Content Involving ChildrenRead the Press Release
LOS ANGELES – A South Bay man pleaded guilty today to federal criminal charges for producing thousands of sexually explicit images and videos of nearly three dozen children and developing a relationship with at least one boy in the Philippines who performed sex acts online in exchange for money.
Billy Edward Frederick, 51, of Redondo Beach, pleaded guilty to a two-count information charging him with production of child pornography for transportation into the United States and enticement of a minor to engage in criminal sexual activity.
According to his plea agreement, Frederick stored in his Google accounts various images and videos depicting child pornography, at least some of which he obtained from video calls on Google Hangout. One video from July 2020 in which a boy, who appears to be between 11 and 14 years old, engages in sexual activity while Frederick records the video call. In messages sent relating to the video call, the victim calls Frederick “master.”
Chats between Frederick and the victim prior to the video call in which the boy asks to borrow money to purchase underwear. Immediately after the call, Frederick chatted online with the boy, who asked for money to be sent to his brother.
Frederick admitted to producing more than 5,000 images and videos of child pornography involving at least 35 different children by requesting these children engage in specified sexually explicit activity in exchange for money. Some of the videos and images depicted minor victims under the age of 12 being used for sexual acts.
United States District Judge Dale S. Fischer has scheduled a March 14, 2022 sentencing hearing, at which time Frederick will face a mandatory minimum sentence of 15 years in federal prison and a statutory maximum sentence of life imprisonment.
Homeland Security Investigations investigated this matter.
Assistant United States Attorney Kathy Yu of the Violent and Organized Crime Section is prosecuting this case.
Six Colombian Nationals Plead Guilty to Conspiracy to Use “Narco-Submarines” to Smuggle over 19,000 Kilograms of Cocaine to the Sinaloa CartelRead the Press Release
Tampa, FL – Acting United States Attorney Karin Hoppmann announces that six individuals have pleaded guilty to charges stemming from a conspiracy to distribute cocaine using vessels subject to the jurisdiction of the United States (see chart below for details).
Fernando Pineda-Jimenez Transnational Criminal Organization
Name
Age
Status
Fernando Pineda-Jimenez, a/k/a “Padrino”
40
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Luis Ernesto Perez-Quevedo, a/k/a “Acuerpado”
45
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States, and one count of conspiracy to import five kilograms or more of cocaine into the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Adrian Luna-Munoz, a/k/a “Vaca”
45
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Yesid Eduardo Torres-Solis, a/k/a “Perro”
41
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Hector Ruiz-Angulo, a/k/a “Maestro”
54
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Rodrigo Pineda-Torres, a/k/a “Gordo”
53
Pleaded guilty to one count of conspiracy to import five kilograms or more of cocaine into the United States.
Sentenced to 11 years and 3 months in federal prison.
A separate co-conspirator, Jimmy Riascos-Riascos, was sentenced in January 2020 to 24 years and 4 months’ imprisonment for his role in the same conspiracy. Another co-conspirator in that case, Alonso Pineda-Torres, a/k/a “Galladita,” is awaiting sentencing.
According to the plea agreements filed in this case, the defendants were part of a transnational criminal organization that dispatched self-propelled semi-submersible (SPSS) vessels, sometimes known as narco-submarines, from Colombia into the Pacific Ocean, destined for Sinaloa Cartel members in Oaxaca, Mexico. The defendants served various roles and responsibilities such as overseeing security at the SPSS construction sites and building the fiberglass hulls for these vessels. Fernando Pineda-Jimenez was identified as, and admitted to, being the boss of the organization.
In July and August 2015, and March 2016, in international waters, the United States interdicted three SPSS vessels that had departed from Colombia and were en route to Mexico. The first SPSS carried approximately 6,900 kilograms of cocaine, the August 2015 SPSS carried approximately 6,845 kilograms of cocaine, and the March 2016 SPSS contained approximately 5,824 kilograms of cocaine. In total, the SPSS vessels carried over 19,000 kilograms (or nearly 42,000 pounds) of cocaine. A substantial portion of that cocaine was ultimately intended for the United States. A separate SPSS, linked to Rodrigo Pineda-Torres, was seized in October 2017 in Colombia before it could be loaded with cocaine.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. The Department of Justice’s Office of International Affairs substantially assisted in the extradition of the defendants to the United States. This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
The case was prosecuted by Assistant United States Attorney Dan Baeza.
Seven More Charged for Involvement in Staged Automobile Accident SchemeRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced today the August 26, 2021 Indictment of ASHLEY McGOWAN (“McGOWAN”), age 35; LERTRICE JOHNSON (“L. JOHNSON”), age 45; DAVIENQUE JOHNSON (“D. JOHNSON”), age 27; HERBERT ALLEN (“ALLEN”), age 36, TROYLYNN BROWN (“T. BROWN”), age 34; DION RIDLEY (“RIDLEY”), age 22; and JARVIS BROWN (“J. BROWN”), age 29, of New Orleans, Louisiana. These seven defendants were charged in a four-count federal indictment. All of the defendants were charged in count one (1) with Conspiracy to Commit Mail Fraud in violation of Title 18, United States Code, Section 371. McGOWAN, L. JOHNSON, and D. JOHNSON were charged in count two (2) with Mail Fraud in violation of Title 18, United States Code, Sections 1341 and 2. ALLEN, T. BROWN, RIDLEY, and J. BROWN were charged in counts three (3) and four (4) with Mail Fraud in violation of Title 18, United States Code, Sections 1341 and 2. If convicted, the defendants face a maximum penalty of five (5) years for Count 1 and twenty (20) years as to Counts 2-4. Upon their release from prison, each defendant can be placed on a term of supervised release for up to five (5) years and fined up to $250,000.00 per count. The defendants must pay a mandatory $100 special assessment cost for each count of conviction. Today’s Indictment brings the total of defendants charged in this federal probe into the staging of accidents with tractor-trailers to 40.
The Indictment charges these defendants with conspiring among themselves and with others to stage automobile accidents with tractor-trailers in order to defraud trucking and insurance companies. Two incidents are at the center of this Indictment. The first occurred on June 8, 2016, when McGOWAN, L. JOHNSON, and D. JOHNSON conspired with Damien Labeaud (“Labeaud”), Keishira Robinson (“K. Robinson”), and others to intentionally collide with a tractor-trailer in the area of Chickasaw Street and Louisa Street in New Orleans. After the intentional collision, McGOWAN, L. JOHNSON, and D. JOHNSON lied in depositions, falsely claiming that K. Robinson was driving the car that collided with the tractor-trailer, when in fact Labeaud was driving the car and intentionally hit the tractor-trailer. The defendants also falsely claimed that McGOWAN was in the car at the time of the collision, even though she had been riding in the “spotter” or getaway car and entered the “slammer” car only after the collision occurred. For their part, Labeaud and K. Robinson have been charged in previous indictments and pleaded guilty to their role in the staged automobile accident scheme.
The second intentional collision occurred on June 28, 2017, and involved defendants ALLEN, T. BROWN, RIDLEY, and J. BROWN. Each of these defendants was a passenger in a car that intentionally collided with a tractor-trailer on the corner of Calliope Street and Tchoupitoulas Street in New Orleans. The driver of the car at the time was Roderick Hickman (“Hickman”), another individual who was previously charged and has pleaded guilty to staging automobile accidents. Each of the four defendants lied in depositions, falsely claiming that ALLEN was driving the car, when in fact Hickman was driving the car that intentionally hit the tractor-trailer. Labeaud drove the getaway car and picked up Hickman after the collision occurred.
As discussed in the Indictment, Labeaud and Hickman received payments for referring the defendants to attorneys who would handle their cases. The defendants were treated by doctors and healthcare providers at the direction of their attorneys. Furthermore, through their attorneys, the defendants secured settlements from the insurance companies who insured the commercial carriers.
The defendants will be required to appear before a United States Magistrate Judge for an initial appearance and arraignment on this Indictment.
U.S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
The U.S. Attorney’s Office would like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brandon S. Long; Brian M. Klebba, Chief of the Financial Crimes Unit; Assistant U.S. Attorney Maria M. Carboni; Assistant U.S. Attorney Edward Rivera; and Assistant U.S. Attorney Shirin Hakimzadeh.
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Seattle doctor settles allegations he improperly wrote controlled substance prescriptionsRead the Press Release
Seattle – Dr. Gerald Lee, a Seattle physician, has agreed to pay $150,000 to resolve allegations that he violated the Controlled Substances Act and False Claims Act, announced Acting U.S. Attorney Tessa M. Gorman. Specifically, the United States alleges that from January 2016 to September 2017, Dr. Lee violated the Controlled Substances Act by writing 23 prescriptions for controlled substances, primarily opioids and benzodiazepines, outside the usual course of his professional practice, to a patient with whom he was having a sexual relationship. The United States also alleges that Dr. Lee violated the False Claims Act by causing claims for the patient’s treatment and prescriptions to be submitted to Medicare.
In addition to agreeing to pay the $150,000 settlement, Dr. Lee has also agreed not to reapply for a controlled substances registration with the Drug Enforcement Administration (“DEA”) for a period of two years. Without the DEA registration, Dr. Lee will not be able to prescribe controlled substances during this time.
“Submission of false Medicare claims is an attempt to pilfer taxpayer money meant to serve community members needing health-sustaining services,” said Steven Ryan, Special Agent in Charge with the U.S. Department of Health and Human Services. “Our agency and partners are unwaveringly dedicated to pursing and holding accountable providers who place their self-interests above the law.”
“We are charged with protecting our citizens and keeping our communities safe,” stated DEA Special Agent in Charge Frank Tarentino. “This investigation demonstrates the need for strict accountability of the rogue healthcare programs and professionals who abuse their position for profit by exploiting the patients and programs our law-abiding public deserves. This cooperative and coordinated law enforcement operation exemplifies the DEA’s relentless commitment to safeguarding the safety of patients and the reliability of the health care industry.”
In the settlement agreement, Dr. Lee does not admit any wrongdoing or liability, and the government maintains that its allegations are well founded.
The case was investigated by the DEA and HHS and Assistant U.S. Attorney Ashley Burns handled the matter for the United States Attorney’s Office.
San Bernardino Man Who Robbed 28 Food and Retail Stores During Five-Month Crime Spree Sentenced to 6 Years in Federal PrisonRead the Press Release
LOS ANGELES – A San Bernardino man who robbed more than two dozen retail and fast-food stores during a five-month span in Los Angeles and San Bernardino counties was sentenced today to 72 months in federal prison.
David Sanchez, 41, was sentenced by United States District Judge Mark C. Scarsi. Sanchez pleaded guilty on June 21 to two counts of interference with commerce by robbery.
From November 2020 to April 2021, Sanchez robbed 28 fast food restaurants and retail stores. In each robbery, he brandished what appeared to be a firearm – but was in fact a BB gun – and demanded money from the cash registers. The robberies netted a total of at least $3,853.
Sanchez admitted in his plea agreement to robbing stores and food shops in Lynwood, Long Beach, South Gate, San Bernardino, Palmdale, Compton, Whittier, Fontana and Bellflower. The robberies targeted Walgreens, Circle K, Little Caesar’s Pizza, Subway, El Rey Supermarket, Lynwood Farmer’s Market, Family Dollar Store, Starbucks, Domino’s Pizza and Dollar Tree outlets.
“This is a crime that leaves lasting stress and trauma that victims remember for their entire lives,” the government wrote in its sentencing memorandum. “Each victim is forced to return work at these locations and deal with customers, never knowing if they will again be robbed or threatened with a dangerous weapon.”
The FBI and the Los Angeles County Sheriff’s Department investigated this matter.
Assistant United States Attorney Kevin J. Butler of the Violent and Organized Crime Section prosecuted this case.
Romanian National Sentenced to 54 Months in Prison for Role in ATM Skimming ConspiracyRead the Press Release
TRENTON, N.J. – A Romanian national was sentenced today to 54 months in prison for his role in a conspiracy to steal bank account information from thousands of customers by installing secret card-reading devices and pinhole cameras on ATMs throughout New Jersey and elsewhere, Acting U.S. Attorney Rachael A. Honig announced.
Dorinel Trofin, 47, previously pleaded guilty to conspiracy to commit bank fraud. U.S. District Judge Peter G. Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Trofin admitted he was part of an ATM skimming scheme that stole bank account information by installing hidden card-reading devices on ATMs throughout northern and central New Jersey. Trofin previously acknowledged that he and his conspirators created bank cards using the fraudulently obtained account information, which they used to unlawfully withdraw large amounts of cash from various ATMs. The scheme, which involved actual and attempted losses exceeding $1.5 million dollars, impacted over 1,000 bank customers.
In addition to the prison term, Judge Sheridan sentenced Trofin to five years of supervised release and ordered him to pay $443,277 in restitution.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; detectives with the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone; and detectives with the Woodbridge Police Department, under the direction of Police Director Robert Hubner, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Economic Crimes Unit in Newark.