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Friday 10 September 2021
Third Defendant, Extradited from the Dominican Republic, Arrested in Connection with Haulover Bay ShootoutRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that Joan Morales Nolasco, a citizen of the Dominican Republic, was arrested and appeared yesterday before United States Magistrate Judge Ruth Miller in the District Court for his initial appearance hearing. Morales Nolasco was extradited from the Dominican Republic and is charged with Assaulting, Resisting, or Impeding Certain Officers or Employees (18 U.S.C. § 111); Conspiracy to Traffic Controlled Substances and Attempt to Possess with Intent to Distribute Five Kilograms or More of Cocaine (21 U.S.C. § 846); Possession of Firearms in Furtherance of a Drug Trafficking Crime (18 U.S.C. § 924); and Possession and Discharge of Firearms During and In Relation to a Crime of Violence (18 U.S.C. § 924).
The charges stem from a shooting involving Joan Morales Nolasco, Rammer Guerrero-Morales, and Samuel Elias Pena Columna, and U.S. Customs and Border Protection (CBP) Air and Marine Interdiction Agents in St. John, USVI on September 25, 2019, which took place during an attempted narcotics deal planned by the aforementioned defendants. Guerrero Morales and Pena Columna were previously arrested and are currently awaiting trial. The defendants face up to life in federal prison.
According to Court documents, on September 25, 2019, members of Customs and Border Protection (CBP) Air and Marine Operations (AMO) conducted a maritime interdiction operation on the north coast of St. John, USVI, near Haulover Bay. This area is a known smuggling location where traffickers offload large shipments of narcotics and U.S. Currency. This location contains a trail that leads from the main road down to the beach of Haulover Bay.
At approximately 7:30 p.m. Customs and Border Protection (CBP) Air and Marine Interdiction Agents observed two individuals, which were armed on a trail that leads down to the beach at Haulover Bay. The Agents identified themselves as “police”. Immediately thereafter, the individuals fired at the Agents. One CBP Air and Marine Interdiction Agent was wounded by the rounds fired by the individuals. Defendant Guerrero Morales was wounded by shots fired in self-
defense by CBP Air and Marine Agents. CBP Air and Marine Agents recovered two firearms at the scene, described as an AR-15 style .223 caliber rifle and a Glock .40 caliber pistol with an extended magazine.This case is being investigated by the Federal Bureau of Investigation, Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Juan A. Albino.
An indictment contains mere allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Suitland Felon Sentenced to Three Years in Federal Prison for Illegal Possession of a Loaded FirearmRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Avante Daquan Lee, age 28, of Suitland, Maryland, today to three years in prison, followed by three years of supervised release, for being a felon in possession of a firearm.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Malik Aziz of the Prince George’s County Police Department.
According to Lee’s guilty plea, on March 15, 2020, a Prince George’s County police officer observed Lee in a Temple Hills, Maryland parking lot attempting to restart a dirt bike that did not have a license plate, as required. The uniformed police officer pulled his unmarked vehicle in front of Lee, who then dropped the dirt bike and fled into a wooded area followed by the police officer, who gave Lee several verbal commands to stop.
During the chase, Lee threw a 9x19mm-caliber semi-automatic pistol into underbrush near a chain link fence. Lee stopped running when he reached the chain link fence and began to reach into his waistband. Believing that Lee was attempting to retrieve a weapon, the police officer who was pursuing Lee advised Lee that he was under arrest and ordered him to the ground.
Prince George’s County police officers who arrived on the scene during the chase saw an object fly through the air and land in the underbrush near where Lee was running. They searched the area where the object landed and recovered the pistol, which was loaded with 10 cartridges. The frame of the firearm was orange and the slide was silver. Further investigation revealed the gun had been stolen on April 25, 2016.
Lee was searched incident to his arrest and officers discovered a .40-caliber semi-automatic pistol in Lee’s left pant leg. The firearm was loaded with 10 cartridges and an additional cartridge chambered in the barrel. Two additional magazines—one loaded with 10 cartridges and the other loaded with seven cartridges—were recovered from Lee’s right front pocket.
Lee’s cellphone was also recovered from his right front pants pocket. Law enforcement subsequently obtained a search warrant for Lee’s cellphone and discovered numerous pictures and videos of Lee with firearms, including the stolen handgun Lee threw prior to his arrest, and the pistol recovered from Lee’s left pant leg when he was arrested.
Lee knew that he was prohibited from possessing firearms or ammunition as a result of two previous felony convictions in the Circuit Court for Prince George’s County—a 2011 conviction for robbery with a dangerous weapon and a 2017 conviction for firearm possession.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Acting United States Attorney Jonathan F. Lenzner commended the ATF and Prince George’s County Police Department for their work in the investigation. Mr. Lenzner thanked Special Assistant U.S. Attorney Jessica Harvey and Assistant U.S. Attorney Kelly O. Hayes, who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Statement Regarding the Death of Caroline County Circuit Judge Jonathan NewellRead the Press Release
Baltimore, Maryland – Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Dorchester County State’s Attorney William H. Jones and Caroline County State’s Attorney Joe Riley provided the following statement regarding the death of Jonathan Newell:
This morning agents with the Federal Bureau of Investigation went to the residence of Jonathan Newell, age 50, of Henderson, Maryland, to arrest him on a federal criminal complaint filed on September 9, 2021. Upon entering the residence the agents found Newell suffering from an apparent self-inflicted gunshot wound. He was pronounced dead at 6:43 a.m. Maryland State Police will lead the investigation into the apparent suicide.
The criminal complaint has been unsealed and is publicly available, Case No. 1:21-mj-02533-JMC.
A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.
If you or someone you know would like assistance obtaining counseling regarding this matter, please contact the FBI Baltimore Field Office at (410) 265-8080.
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Southbridge Man Pleads Guilty to Distributing MethamphetamineRead the Press Release
BOSTON – A Southbridge man pleaded guilty today in federal court in Worcester to methamphetamine distribution.
Christopher Williams, 33, pleaded guilty to one count of distribution of a mixture and substance containing methamphetamine and one count of distribution of 50 grams or more of a mixture and substance containing methamphetamine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 11, 2022. Williams was charged on March 9, 2021.
On two occasions in January 2021, Williams sold multiple ounces of methamphetamine to an undercover officer for $4,500 in Southbridge.
The charge of distribution of a mixture and substance containing methamphetamine provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. The charge of distribution of 50 grams or more of a mixture and substance containing methamphetamine provides for a sentence of at least five years and up to 40 years in prison, at least four years supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service in Boston; and Southbridge Police Chief Shane Woodson made the announcement. Assistant U.S. Attorney Danial Bennett of Mendell’s Worcester Branch Office is prosecuting the case.
South Carolina Man Sentenced to Prison for Trafficking Kilo of MethRead the Press Release
ATHENS, Ga. – A South Carolina resident was sentenced to federal prison for attempting to distribute one kilogram of methamphetamine.
Jack Shuttleworth, 55, of North Augusta, South Carolina, was sentenced to serve 151 months in prison to be followed by three years of supervised release by U.S. District Judge C. Ashley Royal in Athens federal court on Thursday, September 9, after pleading guilty to possession of methamphetamine with intent to distribute. There is no parole in the federal system.
“Individuals caught trafficking large quantities of methamphetamine and similar deadly, illegal narcotics face the possibility of federal prosecution and lengthy federal prison sentences,” said Acting U.S. Attorney Peter D. Leary. “I want to thank the Greene County Sheriff’s Office and DEA for their efforts to shut down methamphetamine distribution in our communities.”
“Methamphetamine is not only toxic, but it destroy families, communities and lives,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Because of spirited law enforcement cooperation, Mr. Shuttleworth will no longer be able to distribute this poison and will spend well-deserved time in prison.”
According to court documents, a Greene County, Georgia, Sheriff’s deputy conducted a traffic stop on a truck driven by Shuttleworth for a seatbelt violation on September 10, 2020. Shuttleworth was found to be driving on a suspended license. A K-9 alerted on Shuttleworth’s truck, and a subsequent search of the vehicle located 1,003.2 grams of 95% pure methamphetamine, in addition to clear plastic baggies and a digital scale. Co-defendant Shyanne Harden, 25, of North Augusta, South Carolina, was seated in the front seat and has since pleaded guilty to possession of methamphetamine with intent to distribute. Harden was sentenced to serve 55 months in prison to be followed by three years of supervised release by Judge Royal on July 15, 2021.
The case was investigated by the Greene County Sheriff’s Office and DEA.
Assistant U.S. Attorney Shanelle Booker prosecuted the case for the Government.
Shreveport Man Involved in Drive-By Shooting Sentenced to Federal PrisonRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Javerea Cockerm, 29, of Shreveport, has been sentenced by United States District Judge Elizabeth E. Foote to 58 months in prison, followed by 3 years of supervised release, for being a convicted felon in possession of a firearm.
On September 7, 2019, the Shreveport Police Department received a complaint regarding a drive-by shooting. When officers arrived at the shooting scene, they learned that a male had gotten out of the passenger side of a car and opened fire on another vehicle. The victims in the vehicle were able to evade the shooting and drove off from the scene. Police officers were able to determine the descriptions of the shooter, the occupants of the vehicle, and what vehicle they were driving. Moments later, officers stopped a vehicle in a nearby neighborhood matching the description they received and were able to identify Cockerm as the shooter. Cockerm was sitting in the front passenger seat when officers stopped the vehicle and his physical build and clothing matched the descriptions provided. Officers discovered two firearms in the glove compartment in front of the passenger seat and an opened box of ammunition underneath the front passenger seat. Cockerm has previous felony convictions for possession with intent to distribute drugs (2014), aggravated flight from an officer (2015), and possession of a firearm by a convicted felon (2018). Cockerm knew that as a convicted felon he was prohibited from possessing any firearm or ammunition.
The ATF and Shreveport Police Department conducted this investigation. Assistant U.S. Attorney Earl M. Campbell prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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Santa Fe woman sentenced to a year in prison for illegally cashing U.S. Treasury checksRead the Press Release
ALBUQUERQUE, N.M. – Zayra Olivia Alvarado, 38, of Santa Fe, New Mexico, was sentenced on Sept. 8 to a year in federal prison after pleading guilty to five counts of theft of public money from the United States and one count of aiding and abetting the theft of public money from the United States. Alvarado pleaded guilty on Nov. 16, 2020.
According to court records, in 2014 and 2015, Alvarado obtained U.S. Treasury tax refund checks that were fraudulently acquired. She used her position at Wells Fargo Bank to open accounts in the names of the people to whom the checks were issued or to search for accounts with names similar to those on the checks. Alvarado then either cashed the checks or deposited them into the accounts she had opened and withdrew funds from the accounts.
In addition to her prison term, Alvarado must pay restitution of $23,195. Upon her release from prison, Alvarado will be subject to three years of supervised release.
IRS Criminal Investigation investigated this case. Assistant U.S. Attorneys Kimberly Brawley and Steve Kotz prosecuted the case.
Pine Ridge Man Found Guilty of Sexual AbuseRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Garrett Waters, age 39, of Pine Ridge, South Dakota, was found guilty of three charges of Aggravated Sexual Abuse of a Minor following a federal jury trial in Rapid City. The verdict was returned on September 3, 2021.
The charges carry a maximum penalty of up to life in federal prison and/or a $250,000 fine, five years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund on each charge.
Waters was indicted by a federal grand jury on March 2, 2021. The charges relate to Waters having sexual contact with a female, who was under the age of 12 years, between 2018 and 2020, at Pine Ridge.
This case was investigated by the Rapid City Police Department, Pennington County Sheriff’s Office, Oglala Sioux Tribe Department of Public Safety, and Federal Bureau of Investigation. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A presentence investigation was ordered and a sentencing date will be set. The defendant was remanded to the custody of the U.S. Marshals Service.
Peoria Man Sentenced to 37 Years in Prison for Attempted Sex Trafficking of a Child as a Registered Sex OffenderRead the Press Release
PEORIA, Ill. – James Wright, 50, of the 1500 block of South Easton Avenue, in Peoria, Illinois, was sentenced on September 9, 2021, to 37 years (444 months) in prison, to be followed by a lifetime term of supervised release, for attempted sex trafficking of a child as a registered sex offender.
At Wright’s sentencing hearing, U.S. District Court Judge James E. Shadid found that Wright’s claim that he had merely been attempting to investigate the trafficking of children, rather than attempting to engage in a sex act with a child, lacked credibility in light of the evidence produced at trial. Judge Shadid noted the lengths Wright had gone to in order to engage in a sex act with an individual that he believed to be a 15-year-old girl. Judge Shadid further stated that Wright’s 2012 state conviction for aggravated criminal sexual abuse of a minor female of the same age made his excuse even less believable.
At sentencing, the government produced evidence that Wright had engaged in protracted online discussions and negotiations related to engaging in a sex act with a minor and also had attempted to solicit pornographic images of the minor. The government noted that Wright had arrived at the location where the sex act was supposed to occur at the time agreed upon in those communications and stated that Wright was carrying the exact amount of money that had been agreed upon in a separate pocket from the rest of his money.
Wright was convicted following a bench trial of attempted sex trafficking of a child (Count One) while a registered sex offender (Count Two).
“This very significant sentence imposed by Judge Shadid again demonstrates that those who desire and take steps to sexually harm people they believe to be children will be severally punished,” said Acting United States Attorney Doug Quivey. “The United States Attorney’s Office along with the FBI, ISP, and our other law enforcement partners, expends great effort and resources to try and proactively protect our children. We will continue to do all we can to arrest and prosecute those who want to sexually harm children.”
"The FBI remains dedicated in the fight to protect our future by ensuring our children can prosper where individuals like Wright do not threaten their welfare," said Federal Bureau of Investigation-Springfield Acting Special Agent in Charge Timothy Ferguson. “With this sentencing, a clear and concise message is delivered to anyone who would prey on our nation’s most vulnerable of victims. The FBI, Illinois State Police and our law enforcement partners will use every available resource to stop child predators in their tracks, and the consequences of this egregious type of criminal behavior will be swift and substantial.”
The Federal Bureau of Investigation, Springfield Field Office, and the Illinois State Police investigated the case. Assistant U.S. Attorneys Douglas F. McMeyer and Paul B. Morris represented the government in the prosecution.
The case was brought as part of Project Safe Childhood, a Department of Justice initiative led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), to marshal federal, state and local resources to 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.
Owner of Maryland Company Providing Prosthetics and Orthotics Materials to Walter Reed National Military Medical Center Sentenced to Federal Prison for Paying GratuitiesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Bruce Thomas, age 53, of Germantown Maryland, yesterday to eight months in federal prison, followed by one year of supervised release, with four months of that to be served in home confinement, for paying gratuities to a public official in exchange for official acts. Judge Chuang also ordered Thomas to pay a fine of $50,0000 and forfeit and pay restitution in the amount of $27,890.62. Thomas is the owner and operator of Pinnacle Orthopedic Services, Inc., also located in Germantown.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service - Mid-Atlantic Field Office; Special Agent in Charge Maureen Dixon, Office of Investigations, Office of Inspector General of the Department of Health and Human Services; and Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, from at least 2012 to 2019, Pinnacle provided prosthetics and orthotics materials to the Prosthetics and Orthotics Department at Walter Reed National Military Medical Center (Walter Reed), the largest joint military medical center in the United States, in return for payments from the government. Walter Reed provides health services to military families and individuals serving on active duty, individuals returning from war, veterans, and elected officials. The Walter Reed Prosthetics and Orthotics Department provided a full range of prosthetic and orthotic services, including state of the art prosthetic limbs, and nationwide support of wounded warriors. From about 2011 to 2017, Thomas and Pinnacle received more than $20 million in payments from the Prosthetics and Orthotics Department at Walter Reed for prosthetics and orthotics materials.
From about 2009 until May 2019, David Laufer (Laufer) was a public official and civilian employee of the Department of Defense, working as the Chief of the Prosthetics and Orthotics Department at Walter Reed. As such, Laufer represented Walter Reed in ordering and purchasing prosthetics and orthotics materials, including purchases made from Thomas and Pinnacle.
Thomas admitted that from about 2012 to 2017, he gave and promised things of value to Laufer for, and because of, official acts performed by Laufer. Specifically, Thomas provided Laufer with cash, airlines flights, meals, entertainment, and other benefits because of Laufer’s official acts as the Chief of the Walter Reed Prosthetics and Orthotics Department, and Laufer’s official acts in connection with the purchase of prosthetics and orthotics materials from Pinnacle.
As detailed in the plea agreement, from 2010 until May 2019, the Walter Reed Prosthetics and Orthotics department used Blanket Purchase Agreements (BPAs) to order and purchase prosthetics and orthotics materials. This allowed the department to obligate funds to purchase materials so that employees could order materials without charging a credit card each time or engaging in a formal contract for each purchase of materials. Thomas regularly interacted with Laufer about Pinnacle’s business with Walter Reed, including the award of BPAs, future BPA funding, orders charged against the BPAs, and fulfillment of orders. Pinnacle was awarded multiple BPAs by Walter Reed, which the Prosthetics and Orthotics department used to order and purchase prosthetics and orthotics materials from Pinnacle.
Thomas admitted that between 2012 and 2016, he provided Laufer with things of value, including cash gratuities on a regular basis, totaling at least $20,000; food, drinks, and other financial benefits; airline travel; lodging benefits; and entertainment tickets. In exchange, Laufer undertook official acts in connection with the gratuities including sending multiple purchase requests obligating at least $14.75 million to Pinnacle for prosthetics and orthotics materials and personally ordering and causing to be ordered prosthetics and orthotics material from Pinnacle.
Laufer also restricted the availability of BPAs to some of the manufacturers and distributors from whom Pinnacle purchased products, thereby inhibiting those companies from doing business directly with Walter Reed, and actively encouraged and directed those companies to sell to Walter Reed through Pinnacle. As detailed in Laufer’s plea agreement, Laufer knew that having the other companies sell to Walter Reed through Pinnacle would result in a higher price to the government.
On October 20, 2020, David Laufer, age 63, of Pittsburgh, Pennsylvania, formerly of Bethesda, Maryland, pleaded guilty to acceptance of gratuities by a public official, and faces a maximum of two years in federal prison. He is awaiting sentencing.
Acting United States Attorney Jonathan F. Lenzner commended the Department of Defense Office of Inspector General, Defense Criminal Investigative Service; HHS OIG; and the FBI for their work in the investigation. Mr. Lenzner thanked the Department of Veterans Affairs Office of Inspector General; the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit; the Office of Personnel Management Office of Inspector General; DOD Cyber Crimes Center Defense Cyber Forensics Laboratory; and the Defense Contract Audit Agency for their assistance. Mr. Lenzner thanked Assistant U.S. Attorneys Harry M. Gruber and Dana J. Brusca, who are prosecuting the case.
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Owner of Illegal Racehorse Doping Websites Sentenced to 18 Months in PrisonRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that defendant SCOTT MANGINI was sentenced today to 18 months in prison in connection with his years-long sale and distribution of adulterated and misbranded drugs, including performance-enhancing drugs (“PEDs”) marketed to racehorse trainers and others in the racehorse industry. MANGINI pled guilty to a one-count Information on April 23, 2021, before U.S. District Judge J. Paul Oetken, who presided over today’s sentencing.
U.S. Attorney Audrey Strauss said: “Scott Mangini used his skills as a pharmacist to create and supply a market for adulterated and unregulated performance-enhancing drugs that endangered racehorses. Mangini designed and peddled dozens of products intended for use by those engaged in fraud and animal abuse. Mangini’s products were manufactured in unsanitary facilities that he hid behind shell companies, straw owners, and fake prescription records. His conduct persisted despite efforts by state and federal regulators to shutter Mangini’s operation and strip his license. Today’s sentence underscores this Office’s commitment to the prosecution of those who, in their race for riches, would corruptly produce, peddle, or deploy illegal substances that endanger the animals under their care.”
According to the prior Indictments, the Superseding Information to which MANGINI pled guilty, and other court documents, as well as statements made in public court proceedings:
From at least in or about 2011 through at least in or about March 2020, MANGINI and his conspirators manufactured, sold, and shipped millions of dollars’ worth of adulterated and misbranded equine drugs, including performance-enhancing drugs intended to be administered to racehorses for the purpose of improving those horses’ race performance in order to win races and obtain prize money. MANGINI, a former pharmacist whose license was suspended in 2016, sold these drugs through several direct-to-consumer websites designed to appeal to racehorse trainers and owners, including, among others, “horseprerace.com” and “racehorsemeds.com.”
MANGINI contributed to the conspiracy by, among other things, using his training to design and create custom PEDs that were advertised and sold online, using misleading labels, packaging, and return address information, including sales to customers in the Southern District of New York. Among the drugs advertised and sold during the course of the conspiracy were “blood builders,” which are used by racehorse trainers and others to increase red blood cell counts and/or the oxygenation of muscle tissue of a racehorse in order to stimulate the horse’s endurance, which enhances that horse’s performance in, and recovery from, a race, and customized analgesics, which are used by racehorse trainers and others to deaden a horse’s nerves and block pain in order to improve a horse’s race performance. MANGINI and his co-conspirators repeatedly touted illegal drugs sold on these websites as substances that “WILL NOT TEST” in the event of drug screens by racing officials. For example, MANGINI’s pain-numbing product “Numb It Injection” was advertised as a “proprietary formula and without question the most powerful pain shot in the market today AND WILL NOT TEST,” and customers were expressly directed to administer the drug by “injection as close to the event or extreme exercise as possible.”
The drugs distributed through the defendant’s websites were manufactured in facilities not registered with the Food and Drug Administration (“FDA”), and carried significant risks to the animals affected through the administration of those illicit PEDs. For example, in 2016, MANGINI and his co-conspirator, Scott Robinson, who was previously convicted and sentenced in this case, received a complaint regarding the effect of his unregulated drugs on a customer’s horse: “starting bout 8 hours after I give the injection and for about 36 hours afterwards both my horses act like they are heavily sedated, can barely walk. Could I have a bad bottle of medicine, I’m afraid to give it anymore since this has happened three times.” Commenting on this complaint to MANGINI, Robinson wrote simply, “here is another one.”
MANGINI is among 29 individuals charged to date in a series of Indictments arising from an investigation of a widespread scheme by racehorse trainers, veterinarians, PED distributors, and others to manufacture, distribute, and receive adulterated and misbranded PEDs and to secretly administer those PEDs to racehorses competing at all levels of professional horseracing. By evading PED prohibitions and deceiving regulators, horse racing officials, and the FDA, among others, participants in these schemes sought to improve race performance and obtain prize money from racetracks, all to the detriment and risk of the health and well-being of the racehorses.
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In addition to his prison sentence, MANGINI, 55, of Boca Raton, Florida, was sentenced to three years of supervised release and ordered to pay a forfeiture penalty of $8,108,141.65.
Ms. Strauss praised the outstanding investigative work of the FBI New York Office’s Eurasian Organized Crime Task Force and its support of the Bureau’s Integrity in Sports and Gaming Initiative. Ms. Strauss also thanked the New Jersey Attorney General’s Office, the New York State Police, and the New York City Police Department for their support of this investigation, and the FDA and the Drug Enforcement Administration for their assistance and expertise.
This case is being handled by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant United States Attorneys Sarah Mortazavi, Andrew C. Adams, Anden Chow, and Benet Kearney are in charge of the prosecution.
Ordering Silencers Delivers Federal Prison SentenceRead the Press Release
DENVER – The U.S. Attorney’s Office for the District of Colorado announces that Ronald Allen Grace Jr., age 54, of Arvada, was sentenced to 3 years in federal prison for possessing an unregistered silencer.
According to the plea agreement, federal law enforcement intercepted two packages containing firearm sound suppressors, commonly known as silencers, which had been shipped from China and bound for the defendant’s address. Federal agents investigated the defendant and learned that he had previously been convicted of two felony offenses and was therefore prohibited from possessing a firearm or silencer.
Federal agents obtained a search warrant for the defendant’s home, where they recovered 15 firearms and 14 firearm suppressors. Under federal law, it is illegal to possess silencers which are not properly registered as required by the National Firearms Act. None of the defendant’s firearm suppressors had been registered as required under the National Firearms Act. Further investigation revealed that the silencers had been ordered from a Chinese website known to sell silencers and illegally ship them to addresses in the United States.
“Silencers are often used to facilitate crimes, which is why federal law requires that they be registered,” said Acting United States Attorney Matt Kirsch. “We will continue to protect public safety by seeking stiff penalties for people breaking federal firearms laws.”
“HSI will continue to bring our investigative capabilities to those who illegally obtain weapons and weapons’ silencers,” said Steven Cagen, special agent in charge, HSI Denver. “This sentence holds Grace accountable for his crimes and serves as a warning that HSI along with our law enforcement partners will work diligently to keep weapons out of the hands of convicted felons.”
“Many things are available for home delivery, suppressors are not one of them,” said ATF Special Agent in Charge David Booth. “ATF is proud to work with our Federal partners to keep communities safe and keep firearms out of the hands of prohibited persons.”
United States District Court Judge Phillip Brimmer sentenced Grace on September 3, 2021.
The investigation was conducted jointly by Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the Violent Crimes and Immigration Enforcement Section of the U.S. Attorney’s Office for the District of Colorado.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, and local law enforcement to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
CASE NUMBER: 20-cr-00199-PAB
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North Dakota Man Indicted for Assault ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Fort Yates, North Dakota, man has been indicted by a federal grand jury for Assault Resulting in Serious Bodily Injury, Assault by Strangulation, and Domestic Assault by an Habitual Offender.
Calvin Killspotted, a/k/a Sonesakda Killspotted, age 39, was indicted on August 10, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on September 7, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on June 2 and 3, 2021, in Corson County, Killspotted unlawfully assaulted an intimate partner when he had previously been convicted of two prior acts of domestic abuse, and that the assault resulted in bodily injury. The Indictment further alleges that Killspotted unlawfully assaulted an intimate partner by strangling and suffocating her.
The charges are merely accusations and Killspotted is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justices Services, the Corson County Sheriff’s Office, and the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Killspotted was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Newport Man Sentenced to 70 Months for Unlawful Possession of FirearmsRead the Press Release
CONCORD - Jacob Valley, 26, of Newport, was sentenced to 70 months in federal prison for unlawful possession of firearms, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on November 15, 2019, law enforcement officers searched Valley's home pursuant to a federal search warrant. During the search, they found firearms and ammunition. As a person with felony convictions, Valley is legally prohibited from possessing firearms and ammunition.
Valley previously pleaded guilty on March 23, 2021.
“In order to protect our citizens from violent crime, it is important to keep guns out of the hands of criminals,” said Acting U.S. Attorney Farley. “By working with our law enforcement partners to enforce federal gun laws, we are preventing criminals from using guns to commit acts of violence and helping to keep the Granite State safe.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the New Hampshire Attorney General's Drug Task Force; the Sullivan County Sheriff's Office; the Manchester Police Department, Claremont Police Department, Charlestown, Police Department; and the New Hampshire State Police. The case was prosecuted by Assistant U.S. Attorney Anna Dronzek.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them.
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New York Man Pleads Guilty to Passing Altered Postal Money Orders and TheftRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that ANTOINE MERCHANT, age 32, of New York, New York, pleaded guilty on August 26, 2021 to conspiracy to pass altered U.S. Postal money orders, passing altered U.S. Postal money orders and possessing stolen U.S. government property today before United States District Court Judge Carl J. Barbier of the Eastern District of Louisiana.
According to court records, MERCHANT and a co-defendant who has already plead guilty, Anthony Smalls, travelled from New York to Louisiana in October of 2019 to cash stolen U.S. Postal money orders that had been altered to show amounts worth hundreds of dollars. MERCHANT and the co-defendant cashed two such postal money orders in Kenner and Metairie, LA, and a number of altered money orders in the Baton Rouge area. When arrested, the defendants also possessed 58 U.S. Postal money orders that they had stolen from an Ascension Parish U.S. Post Office the day before.
MERCHANT is to be sentenced on December 9, 2021. At that time, he faces a sentence of up to ten years in prison on the possession charge and up to five years in prison for the Postal money order charges, up to $250,000 in fines, and up to three years of supervised release. At sentencing, MERCHANT must also pay a mandatory $100 special assessment for each count of conviction.
U.S. Attorney Evans praised the work of the United States Postal Inspection Service, along with assistance from the Louisiana State Police - Criminal Investigations Department, Jefferson Parish Sheriff’s Office and Ascension Parish Sheriff’s Office, in investigating this matter. Assistant U.S. Attorney Edward J. Rivera is in charge of the prosecution.
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Naturalized U.S. Citizen from India Extradited to United States to Face ChargesRead the Press Release
CAMDEN, N.J. – A naturalized United States citizen living in India who was arrested in England made his initial court appearance and was arraigned today following his extradition to face charges that he obstructed the parental rights of his child’s mother by kidnapping the child and failing to return him to the United States when ordered to do so, Acting U.S. Attorney Rachael A. Honig announced.
Amitkumar Kanubhai Patel, 38, of Vadodara, India, formerly of Edison, New Jersey, was charged in an indictment that was unsealed today with one count of international parental kidnapping. A federal grand jury sitting in Camden returned the indictment on July 22, 2020. On Sept. 9, 2021, Patel was extradited from England. He appeared by videoconference before U.S. Magistrate Judge Karen M. William in Camden federal court and was detained.
According to documents filed in this case and statements made in court:
The child’s mother, a resident of Cherry Hill, New Jersey, and Patel were in a relationship and resided together in New Jersey from August 2015 through July 2017. They never married. In November 2016, they had a child.
According to the mother, Patel wanted to take the child to India to introduce him to Patel’s parents and obtain DNA testing. Patel claimed DNA testing was necessary for the child to claim property that Patel’s family owned in India. Patel attempted to obtain an Indian visa for the child when the child was approximately four months old. The visa application was denied because Patel did not have documentation of his custodial rights to the child.
Patel told the child’s mother that in order to obtain an Indian visa for the child, he would need to secure sole custody of their son, which required them to go to court. Patel instructed the child’s mother to tell the court that they had a “mutual understanding” regarding the custody of their child. He instructed the mother to state that she did not have a work permit, and since she was unemployed, and could not care for her child.
On May 1, 2017, Patel went to New Jersey Superior Court, Chancery Division Family Court, to obtain sole custody of the child. According to the child’s mother, the majority of the hearing was conducted in English with no translator. At the time of the hearing, the child’s mother spoke limited English. The mother answered the court’s questions as she had been instructed by Patel. She was not represented by an attorney during the hearing.
On May 2, 2017, the court entered an order granting Patel sole legal custody of the minor child and allowing the mother to file for joint legal custody in the future. Upon receiving the court order, Patel obtained visas to India for himself and the child through Quick Travel Inc. Patel told the child’s mother the trip to India would be for two weeks. On July 26, 2017, Patel and the child traveled to India.
According to the child’s mother, she sent multiple messages to Patel requesting confirmation that the two arrived safely in India and got no response for several days. Patel eventually called the mother and said he was never bringing the child back to the United States. The child’s mother obtained legal counsel, returned to the New Jersey Superior Court, and on Oct. 16, 2018, the court ordered Patel to immediately return the child to the United States. Records show Patel and the child have not returned to the United States since July 2017.
On Oct. 2, 2020, Patel and the child flew from India to the United Kingdom, where Patel was arrested.
The international parental kidnapping count carries a maximum penalty of three years in prison and a maximum fine of $250,000.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Acting Special Agent in Charge Bradley S. Benavides in Philadelphia, with the investigation leading to the indictment. Acting U.S. Attorney Honig also thanked members of the Department of Justice’s Office of International Affairs, the U.K. Crown Prosecution Service and the Metropolitan Police for their assistance in the extradition.
The government is represented by Deputy U.S. Attorney Andrew Carey and Assistant U.S. Attorney Jason M. Richardson of the U.S. Attorney=s Office Criminal Division in Camden.
Murderers of Miami Plumber Sentenced to Decades in Federal PrisonRead the Press Release
Miami, Florida – The two 35-year-old South Florida men who killed a Miami plumber during an armed robbery and carjacking in 2018 were sentenced yesterday in federal district court in Miami. U.S. District Judge Roy K. Altman sentenced Jamal Lamar Head to 60 years in prison and Keon Travy Glanton to just over 33 years in prison.
On July 11, 2018, Head and Glanton worked together to rob a Roto-Rooter plumber of valuable plumbing equipment in Riviera Beach, Florida. Head and Glanton lured the Roto-Rooter plumber to an abandoned residence in Riviera Beach, where Head assaulted him with a firearm. Valuable plumbing equipment was removed from the vehicle.
The following day, July 12, 2018, Head and Glanton planned to rob another plumber, this time at a vacant house in Miami Lakes, Florida. After Head and Glanton called several plumbers, plumber “L.S.H.” agreed to come to the Miami Lakes house to perform plumbing work. When L.S.H. arrived, Head forced L.S.H. into another vehicle at gunpoint, while Glanton drove away in L.S.H.’s plumbing van.
Head began driving L.S.H. away from the scene, and L.S.H. struggled with Head. Head then shot L.S.H. once in the chest and twice in the abdomen and crashed his car into a tree. Head fled the scene and called Glanton, who returned to the area in L.S.H.’s van to pick up Head. Head and Glanton then fled the area together. They later drove to another area of Miami, where they doused L.S.H.’s van in gasoline and lit it on fire.
Paramedics arrived at the murder scene and found L.S.H.’s body in the rear seat of Head’s vehicle. L.S.H. was pronounced dead on the scene. The medical examiner determined that L.S.H.’s cause of death was blood loss from the three gunshot wounds.
Earlier this year, Glanton and Head pled guilty to conspiring to commit a Hobbs Act robbery, carjacking resulting in death, and discharging a firearm in furtherance of a crime of violence.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, Robert Cekada, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, and Alfredo “Freddy” Ramirez III, Director, Miami Dade Police Department, announced the sentences.
ATF Miami and MDPD investigated this case. This case was prosecuted by Assistant U.S. Attorneys Daniel J. Marcet and Jessica Kahn Obenauf. AUSA Richard Brown is handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 19-cr-20063.
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Montebello Man Pleads Guilty to Federal Drug Charges for Causing Fentanyl Overdose that Resulted in DeathRead the Press Release
LOS ANGELES – A Montebello man pleaded guilty today to federal narcotics charges, including that he provided a woman a fatal dose of fentanyl.
Edwin Oliva, 30, pleaded guilty to one count of distribution of fentanyl resulting in death and one count of possession with intent to distribute heroin. He has been in federal custody in this case since March 2019.
According to his plea agreement, during the early morning hours on February 28, 2019, Oliva gave the victim a line of drugs to snort, but he did not tell her that the substance was fentanyl. The victim ingested the drug, which resulted in a fatal overdose. Oliva admitted to knowingly distributing fentanyl to the victim.
Oliva did not call 911 or otherwise seek medical care for the victim until nearly six hours after texting a friend that the victim was not breathing.
In the nearly six hours between when Oliva learned that the victim was not breathing and when he ultimately called 911, he cleaned his apartment, removing the fentanyl and other evidence of drug trafficking. He placed these items in the trunk of his significant other’s car and then drove away from the apartment in attempt to hide it from law enforcement.
Later that day, Montebello Police officers executed a search warrant on the car and discovered 1.9 kilograms (4.2 pounds) of heroin, 21 grams of fentanyl, 1.4 kilograms (3.2 pounds) of marijuana, 0.4 grams of methamphetamine, drug paraphernalia, a loaded .45-caliber semiautomatic pistol, a blue flip phone he used to conduct drug transactions, and a notebook he used as a pay/owe ledger.
Oliva admitted that, while in custody in March 2019, he directed his significant other to destroy evidence in the case, and he also directed her to tell law enforcement that the blue flip phone was a play phone for their children.
United States District Judge André Birotte Jr. has scheduled a January 7, 2022 sentencing hearing, at which time Oliva will face a statutory maximum sentence of life imprisonment. The fentanyl distribution charge carries a mandatory minimum sentence of 20 years in federal prison. The heroin possession charge carries a mandatory minimum sentence of 10 years in federal prison.
The Drug Enforcement Administration and the Montebello Police Department investigated this matter.
Assistant United States Attorneys Maria Jhai and Kathrynne Seiden of the General Crimes Section are prosecuting this case.
Methamphetamine Trafficker Sentenced in Federal CourtRead the Press Release
SHREVEPORT, La. - Henry A. Wright, 42, of Shreveport, Louisiana, has been sentenced by United States District Judge Elizabeth E. Foote to 48 months in prison, followed by 4 years of supervised release, for distribution of methamphetamine, Acting United States Attorney Alexander C. Van Hook announced.
Henry A. Wright was charged in an indictment and pleaded guilty to the charge on April 30, 2021. According to information presented to the court, agents with the U.S. Drug Enforcement Administration (DEA) began surveillance of Wright on February 21, 2020 and watched him as he met an individual outside a business in Shreveport where he worked. Agents observed Wright exchange narcotics for cash with the individual. The individual was later stopped by agents and found to have tablets that he purchased from Wright in his possession. The tablets were tested by the crime lab and confirmed to be 316.7 grams of a mixture and substance containing methamphetamine.
The DEA conducted the investigation and Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
This case is part of an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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Melvin, Iowa Man Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
A man who possessed with intent to distribute methamphetamine pled guilty September 7, 2021, in federal court in Sioux City.
Todd Gruis, 50, from Melvin, Iowa was convicted of possessing with intent to distribute methamphetamine.
At the plea hearing, Gruis admitted that in March 2021 he received multiple packages by mail, each containing methamphetamine. Gruis planned to use some of this methamphetamine and the remainder he planned to distribute to another.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Gruis was taken into custody by the United States Marshal after the guilty plea and will remain in custody pending sentencing. Gruis faces a mandatory minimum sentence of 5 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, and four years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by United States Postal Inspection Service, Osceola County Sheriff’s Office, Clay County Sheriff’s Office, and Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4044. Follow us on Twitter @USAO_NDIA.
Martinsburg woman admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Tinesha Joann Burrows, of Martinsburg, West Virginia, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Burrows, 37, pleaded guilty today to one count of “Aiding and Abetting the Possession with Intent to Distribute Fentanyl and Heroin.” Burrows admitted to working with another to distribute fentanyl and heroin in February 2019 in Berkeley County.
Burrows faces up to 20 years of incarceration and fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Timothy D. Helman is prosecuting the case on behalf of the government. The Washington County, Maryland Task Force investigated.
Chief U.S. District Judge Gina M. Groh presided.
Maine Man Sentenced for Committing and Conspiring to Commit Federal Hate CrimeRead the Press Release
A Maine man was sentenced today to three years in prison, along with three years of supervised release and restitution, for his role in committing and conspiring to commit a federal hate crime, the Justice Department announced.
Dusty Leo, 30, of Biddeford, Maine, pleaded guilty to conspiring to commit a hate crime and of actually committing a hate crime on Feb. 25, 2020.
Following a three-day trial in March 2020, a jury convicted Leo’s co-conspirator and uncle, Maurice Diggins, of conspiring to commit and committing a series of racially motivated assaults against Black men in Maine. For his convictions, Diggins was sentenced to 10 years in federal prison, followed by three years of supervised release.
“The defendant violently attacked a Black man for no reason other than his race,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “This sentencing marks the final chapter in the long road to justice for the victims of these violent, racially-motivated crimes. The Department of Justice will continue to use the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, and every tool at our disposal, to vindicate the rights of victims of hate crimes, and will continue to investigate and prosecute these acts wherever they occur.”
“The crimes committed by Mr. Leo and his co-conspirator injured and traumatized their victims, and also traumatized the communities in which they occurred,” said Acting U.S. Attorney Donald E. Clark for the District of Maine. “No one should be targeted for violence because of the color of their skin or their ethnicity. Crimes like this tear at the very fabric of our society. This prosecution makes clear that individuals who commit hate-motivated crimes will be made to pay for their actions. I am proud of the investigators and prosecutors who tirelessly pursued this case, and so appreciative of the victims, who courageously confronted Mr. Leo's co-defendant at trial.”
“Today’s sentence should make it crystal clear that those who traffic in hate, targeting people in our community because of their skin color, will be held accountable for their horrific, violent crimes,” said Special Agent in Charge Joseph R. Bonavolonta of the FBI Boston Field Office. “No one should be afraid to walk down the street and be targeted by an act of violence based on how they look, where they are from, or any part of their identity. The FBI would like to thank the brave victims in this case for their courage in coming forward to ensure that Dusty Leo, and his uncle did not escape justice, and we’d like to encourage other victims of hate crimes to do the same. Everyone deserves to feel safe in their community, and everyone deserves a voice.”
According to Leo’s guilty plea and evidence presented at Diggins’s trial, on April 15, 2018, Diggins attacked a Sudanese man without provocation outside of a bar in Portland, Maine. The assault, which broke the victim’s jaw, was immediately followed by an attack on another Black man who was standing on the street nearby.
In a second incident, which occurred approximately an hour later and approximately 20 miles away in Biddeford, co-conspirators Diggins and Leo drove in Leo’s truck into a parking lot of a convenience store, where Diggins got out of the truck and approached a Black man who was walking toward the store’s entrance. Diggins directed a racial slur at the man and distracted him while Leo got out of the truck and sucker-punched the victim in the jaw, knocking him to the ground. The unprovoked attack broke the victim’s jaw in several places.
Leo was sentenced by U.S. District Judge Nancy Torresen. The Biddeford Police Department and the FBI investigated the case. The case was prosecuted by Assistant U.S. Attorney Sheila Sawyer and Civil Rights Division Trial Attorney Tim Visser.
Lower Brule Man Sentenced for Resisting a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man convicted of Resisting, Opposing, and Impeding a Federal Officer was sentenced on September 7, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Shiloh Small Jumper, age 31, was sentenced to 3 years of probation, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Small Jumper was indicted by a federal grand jury on July 17, 2020. He pled guilty on September 7, 2021.
The conviction stemmed from an incident that occurred on February 4, 2020, in Lower Brule, South Dakota. Following a complaint call of a disturbance, officers arrived at the scene where Small Jumper was present and would not leave the residence. Small Jumper resisted officer’s attempts to place him under arrest.
This case was investigated by the Bureau of Indian Affairs, Department of the Interior. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Louisville Man Arrested for Federal Narcotics and Firearm OffensesRead the Press Release
LOUISVILLE, KY – A Louisville man was arrested yesterday in Louisville on criminal charges related to his alleged violations of federal narcotics and firearms offenses. Mosley made his initial appearance in U.S. District Court today.
According to court documents, Eric D. Mosley, 30, of Louisville, Kentucky was arrested by members of the Federal Bureau of Investigation’s Safe Streets Task force following the execution of a search warrant on a hotel room that Mosely occupied in Louisville. A subsequent search of the hotel room found that Mosley was in possession of approximately one kilo of cocaine, one AK-47 style pistol, one Zigana PX-9 handgun, and approximately $100,000 in cash. The Zigana PX-9 was previously reported stolen. According to a check of Mosley’s criminal history, he is a convicted felon and is prohibited from possessing a firearm.
Mosley is charged with possession with intent to distribute a controlled substance, possession of a firearm in furtherance of a drug trafficking crime, and possession of a firearm by a prohibited person. If convicted, Mosley faces a mandatory minimum of 10 years in prison and a maximum penalty of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Michael A. Bennett of the Western District of Kentucky and Acting Louisville FBI Special Agent in Charge Edward J. Gray made the announcement.
This case was investigated by FBI Louisville’s Safe Streets Task Force, which includes FBI Special Agents and investigators from Louisville Metro Police Department, Nelson County Sheriff’s Office, Bullitt County Sheriff’s Office, and Homeland Security Investigations.
Assistant U.S. Attorneys Frank Dahl, Ann Marie Blaylock, and Rob Bonar are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A Criminal Complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Lompoc Man Pleads Guilty to Involuntary Manslaughter Charge for Causing Fatal Car Accident Near Vandenberg Air Force BaseRead the Press Release
LOS ANGELES – A Santa Barbara County man pleaded guilty today to a federal manslaughter charge for crashing a stolen Jeep near Vandenberg Air Force Base while under the influence of drugs, killing one motorist and severely injuring another.
Michael James Culligan, 30, of Lompoc, pleaded guilty to one count of involuntary manslaughter.
According to his plea agreement, on June 16, 2020, at approximately 12:30 p.m., Culligan drove a stolen 2019 Jeep Wrangler on Vandenberg Air Force Base property. After veering onto the right shoulder, Culligan’s car swerved into the oncoming lane of traffic and collided head-on with a blue Lexus sedan, killing its driver and seriously injuring its passenger. Following the traffic collision, Culligan climbed out of the Jeep Wrangler’s sunroof and fled the scene. Law enforcement later found him hiding in a drainpipe.
Culligan was under the influence of illegal narcotics at the time of the accident and during his post-arrest interview, he admitted to using drugs before operating the Jeep, crashing the Jeep into another car and fleeing the scene of the accident.
Culligan has been in federal custody since June 2020.
United States District Judge André Birotte Jr. has scheduled a January 7, 2022 sentencing hearing, at which time Culligan will face a statutory maximum sentence of eight years in federal prison.
The United States Air Force Office of Special Investigations investigated this matter. The California Highway Patrol and Santa Barbara County Sheriff’s Office provided substantial assistance.
Assistant United States Attorney Joseph D. Axelrad of the Violent and Organized Crime Section is prosecuting this case.
Litchfield Man Sentenced to 36 Months in Prison for Defrauding BanksRead the Press Release
SPRINGFIELD, Ill. – Wayne H. Kruger, 73, of Litchfield, Illinois, was sentenced on September 9, 2021, to 36 months in federal prison, to be followed by 5 years of supervised release, for defrauding several banks in Central Illinois.
Kruger pleaded guilty to three counts of bank fraud on February 22, 2021. According to court documents, Kruger admitted that beginning in December 2010 and continuing through about May 2012, he attempted to execute or executed schemes to defraud banks including the Carlinville, Illinois, National Bank and Trust Company; the State Bank of Cerro Gordo, Illinois; and the State Bank of Bement, Illinois, resulting in a total loss of $4,185,957. Kruger, then the president and owner of Ponder Equipment Company, Inc., a bus dealer, regularly sold buses “out of trust.” This fraudulent practice involves a dealership – here, Ponder – selling a bus that has been paid for with loan proceeds but failing to use the sale proceeds to pay back the lender. When Kruger sold a bus and failed to repay the associated loan, the relevant bank was unable to seize the loan collateral because it no longer existed as an asset of the business.
At the sentencing hearing, U.S. District Court Judge Richard Mills noted that Kruger’s scheme affected small banks in communities built on personal relationships and trust. The judge also ordered restitution for all three banks in the amount of $4,185,957.
The Federal Deposit Insurance Corporation Office of Inspector General investigated the case. Assistant U.S. Attorney Timothy A. Bass represented the government in the prosecution.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Jason J. Mullen, 43, of Lincoln, Nebraska, was sentenced on September 9, 2021, for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture and an unspecified amount of marijuana, after a conviction for a serious drug felony. United States District Judge John M. Gerrard sentenced Mullen to 21 years and 10 months’ imprisonment. There is no parole in the federal system. Following his release from prison, Mullen will begin a 10-year term of supervised release.
Information provided to law enforcement indicated that Mullen was responsible for the distribution of at least five kilograms (11 pounds) of methamphetamine mixture and at least 20 kilograms (44 pounds) of marijuana in the Lincoln area between January of 2015 and May of 2020,
On April 9, 2020, a search warrant was executed at the Lincoln residence of Mullen and his co-defendant, Jerah Stovall. During that search, officers found approximately 2/3 ounce of methamphetamine and approximately six ounces of marijuana as well as a digital scale, packaging materials, and a .380 caliber handgun with ammunition. On May 1, 2020, officers were looking for Mullen on an outstanding warrant, and they saw him with Stovall and a third person. Mullen had a small amount of marijuana and some cash in his possession.
Mullen has a prior conviction from Adams County, Nebraska for Attempted Delivery/Possession with Intent to Deliver of Methamphetamine.
Stovall pleaded guilty to the conspiracy charge with a prior serious drug felony conviction and was sentenced to 235 months in July 2021.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force and the Drug Enforcement Administration (DEA).
Latta Man Sentenced to 7 Years in Federal Prison for Role in Dollar Store Armed RobberyRead the Press Release
Florence, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that Che Quan Charon David Page, 26, of Latta, was sentenced to seven years in federal prison after pleading guilty to using, carrying, and brandishing a firearm during and in relation to a crime of violence.
Evidence presented to the Court showed that, on the morning of December 9, 2018, while an employee was opening a Dollar General store in Dillon, Page forced his way into the store. Page held the employee at gunpoint, forcing her to turn off the alarm and directing her to put the money from the store safe in a black drawstring bag he provided. Page then left the store.
Minutes later, a Dillon County Sherriff’s Deputy stopped a vehicle speeding away from the area of the Dollar General. As the passenger in the vehicle, Page was wearing distinctive clothing that matched clothing worn by the robber.
On a nearby roadside, law enforcement found a firearm consistent with that used by the robber, as well as a drawstring bag with cash both inside and scattered around the bag.
United States District Judge Sherri A. Lydon sentenced Page to 84 months in federal prison, to be followed by a 60-month term of court-ordered supervision. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Dillon County Sheriff’s Office.
Assistant United States Attorney Katherine Flynn prosecuted the case.
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Laredoan sentenced for transporting 149 aliens in packed trailerRead the Press Release
LAREDO, Texas – A 54-year-old resident of Fort Meade, Florida, has been ordered to federal prison after he agreed to drive a tractor-trailer full of undocumented aliens from Laredo to San Antonio, announced Acting U.S. Attorney Jennifer B. Lowery.
Joseph Winslow pleaded guilty March 5.
Today, U.S. District Judge Marina Garcia Marmolejo ordered Winslow to serve a 72-month sentence to be immediately followed by three years of supervised release.
On Dec. 30, 2020, Winslow arrived at the Border Patrol (BP) checkpoint on Interstate Highway 35 approximately 29 miles north of Laredo. Authorities conducted an X-ray of the trailer he was driving and discovered it was full of people. They ultimately identified a total of 149 undocumented aliens inside.
Winslow agreed to transport the individuals in return for $10,000.
Winslow is currently in custody where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of BP. Assistant U.S. Attorney David Fawcett prosecuted the case.
Kuna Man Sentenced to Prison After Receiving Drugs in the Mail That He Intended to DistributeRead the Press Release
BOISE – Daniel Jake Keller, 36, of Kuna, was sentenced to five years in federal prison for possession of methamphetamine with the intent to distribute, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered Keller to serve four years of supervised release following his prison sentence. Keller was indicted by a federal grand jury in Boise on March 10, 2021. He pleaded guilty to the charge on June 8, 2021.
According to court records, the United States Postal Inspection Service searched a mail parcel on February 24, 2021. The parcel, which was addressed to Keller, contained approximately 65 grams of methamphetamine. The next day, Keller was arrested after he arrived at the post office and took possession of the parcel that contained methamphetamine. In response to questioning from investigators, Keller admitted that he knew the parcel contained methamphetamine and that he intended to sell some of it to others. Postal Inspectors obtained a search warrant for Keller’s residence. During the search, investigators found six more grams of methamphetamine and a 9mm handgun. As part of the sentence, Chief Judge Nye ordered Keller to forfeit the handgun and ammunition.
“The U.S. Mail is not a delivery service for drug traffickers,” said Mr. Gonzalez. “Let this sentence send a message: if you attempt to unlawfully use the mails to make a quick buck, federal and state law enforcement will hold you accountable.”
“The United States Postal Inspection Service is committed to our mission of ensuring the safety of United States Postal Service employees and customers and the integrity of the U.S. Mail,” said Inspector in Charge Anthony Galetti of the U.S. Postal Inspection Service’s Seattle Division. “The proliferation of methamphetamine in our communities is a significant law enforcement and public health threat. Our agency has and will continue to work with our federal and local law enforcement partners to vigorously pursue those who attempt to use the U.S. Mail to distribute dangerous narcotics and hold those responsible to account.”
Acting U.S. Attorney Gonzalez credited the efforts of the United States Postal Inspection Service; Ada County Sheriff’s Office; and Bureau of Alcohol, Tobacco, Firearms and Explosives, which led to the charges.
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Knoxville Man Sentenced to 15 Years in Prison for Advertising Child Pornography on the InternetRead the Press Release
KNOXVILLE, Tenn. – On September 10, 2021, Thomas A. Varlan, United States District Judge for the Eastern District of Tennessee, sentenced Daniel Logan Brown, 24, to serve 180 months in federal prison for advertising child pornography on the internet. Following his imprisonment, Brown will be supervised by the United States Probation Office for ten years and will be required to register with the state sex offender registry in any state in which he lives, works, or attends school. Additionally, Brown will be required to pay $60,000 in restitution to victims of his crime.
According to the filed plea agreement, Brown admitted that he advertised child pornography by circulating hyperlinks to others that linked to online data storage accounts where Brown had saved child pornography. According to other documents filed in the case, the online storage accounts contained thousands of files of child pornography for others to download.
The case was jointly investigated by the Knoxville Police Department’s Internet Crimes Against Children Unit and the Department of Homeland Security, Homeland Security Investigations.
Assistant U.S. Attorney Matthew T. Morris represented the United States.
This case was brought forward as part of Project Safe Childhood (PSC), 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 the Criminal Division's Child Exploitation and Obscenity Section, PSC 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 PSC, please visit www.projectsafechildhood.gov.
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Knoxville Man Pleads Guilty to Scheme to Defraud the Small Business Administration's COVID-19 Economic Relief ProgramsRead the Press Release
KNOXVILLE, Tenn. – On September 9, 2021, James Waylon Howell, 39, currently of Knoxville, Tennessee, entered a guilty plea to one count of wire fraud and one count of money laundering in the United States District Court for the Eastern District of Tennessee at Knoxville.
Sentencing has been set for January 13, 2022, at 9:45 am, before the Honorable R. Leon Jordan, in the United States District Court at Knoxville. Howell faces a term of imprisonment of up to 20 years, a fine of up to $250,000, and a term of supervised release of up to three years. Under the terms of the written plea agreement, Howell has agreed to pay restitution to the victims of his fraud in the amount of $69,354.88.
As part of the written plea agreement, Howell waived an indictment by a Federal Grand Jury and agreed to plead guilty to one count of wire fraud, in violation of 18 U.S.C. §1343, and one count of money laundering, in violation of 18 U.S.C. §1957.
According to the plea agreement, beginning on or about April 1, 2020, and continuing through the end of June 2020, Howell applied for four loans totaling $154,700 through the Small Business Administration’s Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) program. Howell submitted false and fraudulent applications under the names of two companies that did not qualify for the Covid-19 relief funds that Howell sought. Howell submitted two fraudulent applications to financial institutions seeking PPP funds and two fraudulent applications to the Small Business Administration seeking EIDL funds. As part of his fraud scheme, Howell submitted false supporting records and made false statements about the number of individuals the companies employed, the revenue generated, and the wages paid. Howell also made false statements about the corporate entities and the intended use of the loan proceeds.
The plea agreement reflects that Howell submitted an online application to the Small Business Administration in the name of Advanced Strategy Holdings, LLC, seeking $83,800 in EIDL funds. On the application and in the supporting documents, Howell falsely claimed that Advanced Strategy Holdings employed four individuals, generated $700,000 in gross revenue, incurred $0 in cost of goods sold, and paid wages of $440,000 in the 12 months preceding the Covid-19 pandemic. These claims were all false. In further support of the application, Howell
submitted fabricated Internal Revenue Service documents. After receiving the loan proceeds from the Small Business Administration, Howell transferred the proceeds to his personal bank account, knowing that the loan proceeds were obtained fraudulently.
This case is the result of an investigation conducted by the FBI and the Internal Revenue Service’s Criminal Investigation division.
The case is being prosecuted by Assistant U.S. Attorney William A. Roach, Jr.
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.
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Justice Department Seeks to Shut Down Florida Return PreparerRead the Press Release
A federal court in the Southern District of Florida has permanently enjoined a West Palm Beach tax return preparer from preparing federal income tax returns for others and from owning, operating, managing, assisting or working at any tax return preparation business in the future.
According to the court’s order, defendant Nate E. Dameus stipulated to entry of the injunction. The terms of the order require Dameus to send notice of the injunction to each person for whom he prepared federal tax returns, other tax forms, or claims for refund after Jan. 1, 2018, and to advertise the injunction on social media for one year. The order permits the United States to conduct full post-judgment discovery to monitor compliance.
The complaint filed by the United States alleged that Dameus employed fraudulent practices in preparing customer returns that understated the tax his customers owed and/or overstated the refund to which they were entitled. For example, the complaint alleged that he prepared returns with fabricated tax withholding and that he included claims for bogus unreimbursed employee business expenses like car mileage, tools, cell phone services and meals. In addition, the complaint alleged that Dameus routinely falsified home improvement expenses on his customers’ returns to claim residential energy credits his customers were not entitled to receive. According to the complaint, Dameus’s fraudulent activities resulted in substantial losses to the Treasury.
Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details
Jonesborough Man Sentenced for Methamphetamine and FirearmRead the Press Release
GREENEVILLE, Tenn. – On September 9, 2021, Robert Harrison Blevins, 54, of Jonesborough, Tennessee, was sentenced by the Honorable Clifton L. Corker, in the United States District Court for the Eastern District of Tennessee at Greeneville, to 152 months imprisonment, followed by a four-year term of supervised release.
In August 2019, a Grand Jury issued a multi-count indictment for Blevins alleging that he possessed methamphetamine with the intent to distribute it, and that he possessed a firearm in furtherance of that drug trafficking offense. Blevins entered a guilty plea to possession of methamphetamine with the intent to distribute and to possession of the firearm in furtherance of the drug trafficking offense.
As stated in the plea agreement filed with the court, on April 3, 2019, patrons of a McDonald’s on Market Street in Johnson City noticed a man who appeared unresponsive, sitting in the driver’s seat of a parked vehicle. Johnson City emergency medical services (EMS) and Johnson City Police Department officers responded to the location. EMS personnel were able to wake Blevins and determine that he was not in need of medical services. Police saw a handgun beneath the driver’s seat and determined that Blevins was on probation. When police asked about the firearm, Blevins attempted to flee, but fell and was taken into custody. A search of Blevins’ car located two loaded firearms, 7 grams of methamphetamine in individual baggies, scales, and other drug paraphernalia.
The case was investigated by the Johnson City Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”).
“The United States Attorney’s Office is committed to targeting those individuals who use firearms to protect their drug trafficking and to working with our state and federal partners to reduce the threat of violence in our communities,” said Acting U.S. Attorney, Francis M. Hamilton III.
ATF Special Agent in Charge, Mickey French remarked, “ATF’s Crime Gun Intelligence partnerships with our public safety partners and the U.S. Attorney’s Office focuses on the devastating impact of firearms violence and works with the entire community to reduce the potential for violent crime.”
Assistant United States Attorney B. Todd Martin represented the United States.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. magistrate judges on indictments handed down by the grand jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Sept. 8 was:
Dewayne C. Shoots, Jr., 28, of Poplar, on charges of assault resulting in serious bodily injury and assault with a dangerous weapon. If convicted of the most serious crime, Shoots faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Shoots was detained pending further proceedings. The FBI, Wolf Point Police Department and Roosevelt County Sheriff’s Office investigated the case. PACER case reference. 21-65.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Grovetown man sentenced to federal prison after admitting to possession of child pornographyRead the Press Release
AUGUSTA, GA: A Columbia County man who admitted possessing thousands of images of child pornography has been sentenced to federal prison.
Jordan Logan, 36, of Grovetown, Ga., was sentenced to 78 months in prison after pleading guilty to Possession of Child Pornography, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. U.S. District Court Chief Judge J. Randal Hall also ordered Logan to pay a total of $57,000 in restitution to multiple victims, to serve 15 years of supervised release after completion of his prison sentence, and to register as a sex offender. There is no parole in the federal system.
“Every image of child pornography represents the continuing victimization and exploitation of innocent children,” said Acting U.S. Attorney Estes. “With our vigilant law enforcement partners, we will relentlessly strive to hold accountable those who commit these heinous crimes.”
As described in court documents and testimony, agents from the Georgia Bureau of Investigation were alerted when investigators from the Hall County Sheriff’s Office discovered electronic activity involving files of child pornography. With investigators from the Columbia County Sheriff’s Office, GBI agents identified Logan and contacted him at his residence, where a subsequent search found more than 30,000 images of child pornography on electronic devices in Logan’s possession.
“The GBI will continue to work tirelessly to protect innocent child victims of online exploitation,” said Vic Reynolds, Director of the GBI. “We are grateful for the relationships we maintain with our federal partner agencies to bring these offenders to justice.”
Anyone with information on suspected child sexual exploitation can contact the National Center for Missing and Exploited Children at 800-843-5678, or https://report.cybertip.org/.
The case was investigated by the GBI and the Columbia County Sheriff’s Office, and prosecuted for the United States by Assistant U.S. Attorney and Project Safe Childhood Coordinator Tara M. Lyons.
Grand Jury indicts St. Louis man accused of wire fraud and identity theftRead the Press Release
ST. LOUIS – On September 8, 2021, a federal grand jury indicted Ronald Scott Miller on four counts of wire fraud and one count of aggravated identity theft.
According to the indictment, beginning on or about March 27, 2014 and continuing through at least September 29, 2020, Ronald Scott Miller devised a scheme to defraud his employer out of at least $300,000. The investigation revealed Miller fraudulently drafted and submitted false weekly timesheets reflecting work that employees did not perform. The indictment further alleges that it was part of the defendant’s scheme to defraud that he submitted fraudulent invoices and altered receipts so that his employer would pay him money that he was not entitled to receive.
Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the Federal Bureau of Investigation.
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Georgia defense contractor agrees to $900,000 payment to settle False Claims Act allegationsRead the Press Release
AUGUSTA, GA: Two Georgia companies and their owners have agreed to pay $900,000 to resolve allegations that they provided unapproved substitute parts to the U.S. Army and that they violated the Buy American Act.
The settlement, by Southeastern Equipment Co., Inc., SECO Parts and Equipment Co., and their owners, B. Roy Smith and Byron M. Morris (collectively, “SECO”), resolves allegations under the False Claims Act that SECO knowingly provided unapproved substitute parts through the U.S. Army’s Simplified Nonstandard Acquisition Program (SNAP) and violated the Buy American Act by providing parts manufactured in a non-qualifying country, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia.
“Defense contractors have an obligation to provide the government what they say they will,” said Acting U.S. Attorney David H. Estes. “We will continue to vigorously pursue contractors that do not honor their word and follow the law when doing business with our armed services.”
“Providing unapproved substitute parts to military programs is unacceptable,” said Frank Robey, director of the U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit. “This settlement is yet another example of how our agents and law enforcement partners will pursue fraud at every level to protect our military’s interests.”
“This settlement makes it clear to those who provide the government with substitute parts that they will be held accountable for violating their commitments,” stated Special Agent in Charge Cynthia A. Bruce, of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service. “DCIS and our investigative partners work to ensure integrity in the acquisition process and readiness for our military.”
The settlement resolves allegations that were originally part of United States ex rel. Royal v. Southeastern Equipment Company, Inc. et al., a federal lawsuit filed under the whistleblower provisions of the False Claims Act, which allow private citizens with knowledge of false claims to file suit on behalf of the government and to share in the recovery.
The case was investigated by the U.S. Army Criminal Investigation Command and Defense Criminal Investigative Service. The United States was represented by Assistant U.S. Attorneys Patrick J. Schwedler and Jonathan A. Porter.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Fort Pierre Man Sentenced for Resisting a Federal OfficerRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Fort Pierre, South Dakota, man convicted of Resisting, Opposing, and Impeding a Federal Officer was sentenced on September 7, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Londelle Ashley, age 31, was sentenced to four months custody and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Ashley was indicted by a federal grand jury on September 1, 2020. He pled guilty on June 22, 2021.
The conviction stemmed from an incident that occurred on August 19, 2020, in the Big Bend community on the Crow Creek Indian Reservation. Bureau of Indian Affairs officers were called to a report of a person acting in a disorderly manner at a residence. When officers entered the home, the defendant rushed the officer and actively resisted arrest.
This case was investigated by the Bureau of Indian Affairs, Department of the Interior. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Former Venezuelan Official Hugo Armando Carvajal Barrios Arrested Again in Spain in Connection with Narco-Terrorism, Firearms, and Drug-Trafficking ChargesRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Wendy Woolcock, the Special Agent in Charge of the Special Operations Division of the U.S. Drug Enforcement Administration (“DEA”), today announced that former Venezuelan official Hugo Armando Carvajal Barrios, a/k/a “El Pollo,” was arrested yesterday in Madrid, Spain, based on an Indictment filed in the Southern District of New York. The Indictment charges Carvajal Barrios with participating in a narco-terrorism conspiracy and a conspiracy to import cocaine into the United States, including a 5.6-ton shipment of cocaine transported from Venezuela to Mexico in April 2006, along with related firearms offenses.[1] CARVAJAL BARRIOS was originally arrested in connection with these charges in April 2019, and later that year the Spanish National Court approved CARVAJAL BARRIOS’s extradition to the United States. CARVAJAL BARRIOS has since remained a fugitive pending extradition until his arrest yesterday.
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Carvajal Barrios, 61, a Venezuelan national residing in Spain, among other places, is charged with: (1) participating in a narco-terrorism conspiracy, which carries a 20-year mandatory minimum sentence and a maximum of life; (2) conspiring to import cocaine into the United States, which carries a 10-year mandatory minimum sentence and a maximum of life; (3) using and carrying machine guns and destructive devices during and in relation to, and possessing machine guns and destructive devices in furtherance of, the narco-terrorism and cocaine importation conspiracies, which carries a 30-year mandatory minimum sentence and a maximum of life; and (4) conspiring to use and carry machine guns and destructive devices during and in relation to, and to possess machine guns and destructive devices in furtherance of, the narco-terrorism and cocaine importation conspiracies, which carries a maximum sentence of life. The potential mandatory minimum and maximum sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Ms. Strauss praised the outstanding efforts of the DEA’s Special Operations Division Bilateral Investigations Unit and Miami Field Division, Homeland Security Investigations, the U.S. Treasury Department Office of Foreign Assets Control, the U.S. Department of Justice’s Office of International Affairs, the U.S. Attorney’s Office for the Southern District of Florida, and the Spanish National Police’s Fugitive Unit.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Jason A. Richman, Benjamin Woodside Schrier, and Kyle A. Wirshba are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Former Navy Commander Sentenced to Life in Federal Prison for Coercing a Minor, Child Pornography ChargesRead the Press Release
PROVIDENCE, R.I. – A former U.S. Navy pilot who admitted to coercing a minor to engage in illicit sexual conduct and to distributing, receiving, and possessing child pornography, all while actively serving in the U.S. Navy and following his retirement from active service, was sentenced today to life in federal prison, announced Acting United States Attorney Richard B. Myrus.
Lieutenant Commander Ronald W. Zenga, 45, of Middletown, RI, pleaded guilty on November 19, 2020, to coercion of a minor, distribution of child pornography, receipt of child pornography, and possession of child pornography. He was sentenced today by U.S. District Court Chief Judge John J. McConnell, Jr., to life in federal prison and lifetime federal supervised release, and pay restitution to the victim in the amount of $500,000.
“Cases involving the coercion and sexual exploitation of children are among the most heart-wrenching and disturbing cases that federal prosecutors confront. This case is particularly troubling because, as the prosecutor in this case stated in a court filing, ‘[Zenga] abused the most sacred trust a human being can be given, responsibility for the health and well-being of another living soul,’’’ noted Acting United States Attorney Richard B. Myrus. “Thanks to the work of our dedicated law enforcement partners both here and abroad, this defendant has been held to account for his vile crimes. We hope that today’s result will provide some relief to the victim in knowing that the man who preyed upon her will be safely locked away.”
“Ronald Zenga committed heinous crimes and had the audacity to brag about his exploits online—hubris which ultimately led to his arrest. The abuse and exploitation of children is deeply cruel, violating the trust and safety of victims and generating trauma that may never fully heal. We hope that today’s sentence provides a measure of justice to those he harmed,” said Matthew Millhollin, Special Agent in Charge for the Homeland Security Investigations’ Boston Field Office. “Homeland Security Investigations is grateful to our international partners for their vigilance and assistance in this case.”
“Today’s sentencing closes the case for the exceptional team of investigators and prosecutors that worked tirelessly to pursue Mr. Zenga for his crimes, but today our thoughts are with his victims who continue to suffer from his actions,” said Colonel James M. Manni, Superintendent of the Rhode Island State Police and Director of the Department of Public Safety. “The Rhode Island State Police is grateful for the definitive outcome of this investigation and proud to work with this outstanding group of law enforcement agencies to bring justice to Mr. Zenga’s victims.”
According to court documents and information provided to the court, in September 2018, Homeland Security Investigations (HSI) agents in Providence received information from the Bedfordshire Police Department (BPD) in the United Kingdom that an individual, later identified as Zenga, was communicating with a BPD agent through a Russian file sharing website. The communications graphically described ongoing sexual encounters with a young minor child. Zenga described several years of sexual encounters with a child, dating back to the child’s prepubescent years.
On October 17, 2018, HSI agents and members of the Rhode Island State Police Internet Crimes Against Children Task Force arrested Zenga and executed a court-authorized search of his Middletown residence. Forensic previews of Zenga’s electronic devices resulted in the discovery of emails and files of child pornography shared, received, and possessed by Zenga.
The case was prosecuted by Assistant U.S. Attorney John P. McAdams.
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Former Kentucky Warehouse Owner, Former Crop Insurance Agent Sentenced for Charges Related to Crop Insurance FraudRead the Press Release
LEXINGTON, Ky.— Michael McNew, former resident of Mt. Sterling, was sentenced to 86 months in federal prison today by U.S. District Court Judge Karen C. Caldwell for conspiracy to commit wire fraud, in furtherance of a crop insurance fraud scheme. Shortly thereafter, Roger Wilson, resident of Mt. Sterling, was sentenced to 12 months in federal prison, also by Judge Caldwell, for conspiracy to commit crop insurance fraud.
McNew, 51, was a crop insurance adjuster until 2012, when he became a crop insurance agent. According to his plea agreement, in his role as an adjuster, he agreed with agricultural producers to inflate or fabricate the damage to their crops and falsify the number of acres of crop planted when preparing adjustments on their claims of loss on federal Multi-Peril Crop Insurance (“MPCI”) policies. As an insurance agent, he admitted to committing fraud on MPCI claims of loss, as well as private claims of loss to his contracted employer, ARMtech Insurance Services. He continued to inflate or falsify acreage reported and damage to crop and assisted with submission of generic photograph of loss that falsely purported to show damage to a particular producer’s farm. He also admitted he submitted applications for crop insurance for individuals he knew were not farmers, but were relatives or friends of his farmer co-conspirators, in order to spread out losses and obtain better guarantees. In total, McNew admitted to causing a total loss of more than $23,000,000.
Wilson, 88, owned Clay’s Tobacco Warehouse, a tobacco warehouse, grading station, and auction house in Mt. Sterling, Kentucky. In his Plea Agreement, he admitted that from September 2013 until at least May 2018, he arranged for farmers to purchase poor quality tobacco, so they could use this tobacco to get fake grades to apply to their insurance claims of loss, which resulted in inflated indemnity payments. Documents filed with the Court demonstrated that Wilson also produced fake sales receipts, shipping reports, and bale tags, all in efforts to facilitate fraudulent crop insurance claims of loss. These documents showed that Wilson was responsible for over $9,000,000 in losses to the federal government.
McNew pleaded guilty in October 2020. Wilson pleaded guilty in May 2021.
Under federal law, McNew must serve 85 percent of his sentence, while Wilson must serve his entire sentence. Upon their release from prison, they will be under the supervision of the United States Probation Office for a period of three years. McNew must also pay restitution of $19,596,936. Wilson’s restitution order is still pending before the Court.
Other recent crop insurance fraud sentencings have resulted in the following sentences:
- Ronnie Jolly, 50, of Paris, Ky., was sentenced on August 13, 2021, to 36 months in prison and five years of supervised release.
- Bradley Price, 38, of Carlisle, Ky., was sentenced on August 20, 2021, to 30 months in prison and three years of supervised release.
- Brandon Price, 30, of Paris, Ky., was sentenced on August 20, 2021, to six months in prison and three years of supervised release.
- Jimmy Price, 61, of Carlisle, Ky., was sentenced on August 20, 2021, to six months in prison and three years of supervised release.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, Jason M. Williams, Special Agent in Charge, United States Department of Agriculture Office of Inspector General; Edward J. Gray, Acting Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office; Bryant Jackson, Special Agent in Charge, Internal Revenue Service-Criminal Investigation; and Juan Garrett, Director, Kentucky Department of Insurance Fraud Investigation Division, jointly made the announcement.
The investigations were conducted by the United States Department of Agriculture Office of Inspector General, United States Department of Agriculture Risk Management Agency Special Investigations Staff, Federal Bureau of Investigation, Internal Revenue Service-Criminal Investigation, and Kentucky Department of Insurance. The United States is represented by Assistant United States Attorneys Erin Roth and Kathryn Anderson.
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Former Eastern Shore Resident Sentenced to More Than Five Years in Federal Prison for Conspiring to Sell More Than $3.5 Million in Stolen Goods and for Tax FraudRead the Press Release
Baltimore, Maryland – U.S. District Judge Catherine C. Blake today sentenced Saurabh Chawla, age 36, of Aurora, Colorado, to 66 months in federal prison, followed by three years of supervised release on federal charges of conspiracy, interstate transportation of stolen goods, and tax evasion. Judge Blake ordered Chawla to pay restitution to the Internal Revenue Service in the amount of $713,619, and signed an order of forfeiture requiring Chawla to forfeit a 2013 Tesla Model S and $2,308,062.61 from accounts held in his name and the sale of property in Aurora, Colorado.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation (IRS-CI), Washington, D.C. Field Office; and Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore.
According to his guilty plea and other court documents, from 2009 through 2019, Chawla purchased over $3.5 million of stolen goods from individuals with “insider” access to the goods and merchandise, such that they could steal the items and sell them to Chawla without detection. Chawla initially sold goods and merchandise on eBay through the eBay stores thecheetahexpress, eurotronics_4_less, and eurotronics-4-less; the latter two were associated with Chawla’s relatives. On about April 27, 2014, eBay suspended the thecheetahexpress and eurotronics_4_less stores from operating on eBay because “recent account activity has raised serious security concerns.”
“Saurabh Chawla coordinated a $3.5 million scheme - purchasing items from co-conspirators that he knew had been stolen, including electronics that were intended to help underprivileged New Mexico school children, and selling them for his personal gain,” said Acting United States Attorney Jonathan F. Lenzner. “To add insult to injury, Chawla underreported his income on his tax returns and aided the tax evasion of a relative, causing a tax loss totaling more than $700,000 to the U.S. government. These are not victimless crimes. This criminal behavior cheats all the honest businesses and taxpayers who play by the rules. Hopefully, this sentence sends the message that we will continue to coordinate with our law enforcement partners to bring these criminals to justice.”
“This prosecution showcases what law enforcement agencies are capable of achieving when we work together. Criminals and those who refuse to obey the laws don’t stand a chance against a unified team of dedicated officers and agents working toward a common goal,” said Special Agent in Charge for HSI Baltimore Field Office James Mancuso. “HSI will continue to partner with our law enforcement friends to keep our communities safe and pursue justice for victims of these crimes.”
“When criminals like Chawla traffic stolen goods and willfully underreport their income to evade taxes, we all lose,” said Darrell J. Waldon, Acting Special Agent in Charge of the IRS-CI Washington D.C. Field Office. “Taxes pay for services, and criminal schemes like this one undermine the integrity of our nation’s tax system. We will continue to collaborate with our investigative partners to stop these divisive schemes and fulfill our mission to ensure the integrity and fairness of our tax system.”
Shortly thereafter, and continuing until law enforcement executed search warrants in 2019, Chawla convinced James Bender, who was a good friend from college, to allow him to sell goods and merchandise online through eBay accounts Bender controlled in exchange for Chawla paying Bender a commission. Bender controlled and operated multiple online eBay and Amazon accounts, including “HiddenGemFurniture” (“HGF”), which was registered to Person A, “EddiesAffordableGear” (“EAG”) and “AffordableGoodies4You” (“AG”). Bender used, operated and controlled a PayPal account ending in 4211 (“PayPal 4211”), which was linked to HGF, EAG, and AG. Over time, Chawla offered and sold a large amount of stolen goods and merchandise for sale through HGF, other eBay stores, and other online marketplaces. At one point, Chawla had 400 active listings for goods and products on eBay.
As detailed in plea agreements, Chawla purchased Apple products from Kristy Stock from 2012 to 2018. Stock was a New Mexico public school employee responsible for overseeing a program to provide Apple iPods to school children with the intent to benefit underprivileged Native American children in New Mexico. Stock stole more than 3,000 iPods purchased by the school district and sold them to Chawla. Chawla initially purchased the iPods from Stock on eBay, and they later dealt directly with each other, in emails, texts, and phone calls. Stock repeatedly advised Chawla of the items she had obtained, providing details such as the model, color and number of Apple products available. Chawla and Stock then negotiated a price, and Stock shipped the items to Chawla’s relative on the Eastern Shore in Maryland. Chawla paid Stock through PayPal. Stock admitted that she received more than $800,000 in illegal proceeds from selling stolen iPods worth more than $1 million. In 2019, Chawla purchased Apple products that he believed had been stolen by a different person working at another school district in New Mexico, including 25 iPads for $5,000 in May 2019. After his relative received the stolen goods, Chawla listed them for sale online through eBay at a substantial markup.
According to plea agreements, from 2009 through 2019 Chawla also purchased large quantities of goods from former FedEx employee Joseph Kukta, who obtained most of the items he sold to Chawla from bulk purchases shipped via FedEx and intended for delivery to FedEx customers, including a Walmart Distribution Center in Smyrna, Delaware. Kukta was able to steal the goods in such a way that FedEx never detected the crime, and Kukta then delivered the stolen goods and merchandise to Chawla’s relative in Maryland. Kukta sent Chawla “weekly lists of available goods and merchandise,” and Chawla typically paid 50% of the retail price for the goods and merchandise Kukta had stolen. As with Stock, Chawla sold the goods and merchandise from Kukta to eBay customers at significant markups (often at a 100% price increase). In total, Chawla paid Kukta more than $1.5 million for goods and merchandise that Chawla resold for more than $3 million.
In furtherance of the fraud scheme, Chawla and Bender repeatedly deceived online platforms such as Amazon, eBay, as well as the manufacturers and distributors, as to the source of the goods and merchandise being sold, including the iPods that Stock stole from the New Mexico school district and goods and merchandise that Kukta stole from the Delaware FedEx facility. Chawla and Bender repeatedly crafted deceptions and caused false information to be presented to cover up the true origins of the goods and merchandise offered online. For example, in May 2014, Chawla caused Kukta to create a fake invoice that had false information about the parties involved in the transaction and the price paid per unit purchased. As part of his participation in the fraud scheme, Bender received more than $10,000 per year from the eBay sales of stolen goods and merchandise.
Chawla further admitted in his plea agreement that he filed false tax returns for the tax years 2009 through 2017, falsely inflating the cost of goods sold and expenses for his businesses and underreported his adjusted gross income and tax due. As a result, Chawla agreed that he failed to pay at least $640,000 in additional taxes due for tax years 2009 to 2017.
From 2009 to 2017, Chawla also knowingly aided and abetted the tax evasion crimes of his relative and Chawla is therefore responsible for the tax losses stemming from his relative’s tax evasion. This mainly involved the underreporting of the relative’s $60,000 per year of wages from Cheetah Express, resulting in a tax loss of more than $70,000.
In total, Chawla caused a tax loss of more than $700,000 to the United States relating to the income of Chawla and his relative.
Co-conspirators Kristy Stock, age 46, of Waterflow, New Mexico, James Edward Bender, age 36, of Baltimore, Maryland and Joseph Kukta, age 45, of Laurel, Delaware, have pleaded guilty to their roles in the fraud scheme and are awaiting sentencing.
Acting United States Attorney Jonathan F. Lenzner commended the IRS-Criminal Investigation and HSI for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Harry M. Gruber and Paul A. Riley, who are prosecuting these cases.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Foreign National Pleads Guilty to Unlawful Possession of AmmunitionRead the Press Release
Gulfport, Miss. – A foreign national pleaded guilty to the federal felony offense of being an illegal alien in possession of ammunition, announced Acting U.S. Attorney Darren J. Lamarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco Firearms and Explosives.
According to court documents, on February 24, 2021, Michael Rempel Klassen, 24, was stopped for careless driving on U.S. Highway 98 by a New August Police officer. Klassen provided the officer with a driver’s license from the State of Chihuahua, Mexico. Klassen said he did not have a driver’s license from the U.S., and that his work visa had expired in 2017. The officer observed a rifle on the back seat which Klassen admitted was his. Officers conducted a probable cause search and located two firearms, a silencer, and numerous rounds of ammunition.
The ATF was notified, and a Department of Homeland Security HSI Special Agent also joined the case regarding immigration issues. Records revealed that Klassen was born in Canada and confirmed that he was illegally present in the United States.
Klassen will be sentenced on December 14, 2021, and faces a maximum penalty of 10 years in prison and a $250,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, Homeland Security Investigations, the New Augusta Police Department, and the Perry County Sheriff’s Office.
Assistant U.S. Attorney Stan Harris is prosecuting the case.
This case is part of the federal, state, and local Project Safe Neighborhoods (PSN) Program. The centerpiece of the Department of Justice’s crime reduction efforts, PSN is an evidence-based program proven effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together and develop comprehensive solutions. As part of this strategy, PSN focuses enforcement efforts and partners with locally based prevention and reentry programs for lasting reductions in crime.
Federal Jury Finds Swain Co. Man Guilty of Second Degree MurderRead the Press Release
ASHEVILLE, N.C. – A federal jury in Asheville convicted Shane McKinley Swimmer, 21, of Cherokee, N.C., of second degree murder late yesterday, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Chief U.S. District Judge Martin Reidinger presided over the three-day trial.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Josh Taylor of the Cherokee Indian Police Department join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents, trial evidence, and witness testimony, on November 10, 2018, Swimmer and his uncle, Charles Ray “Chino” West, were at his uncle’s residence on Rocky Knob Trail in Swain County, which is within the boundaries of the Eastern Band of Cherokee Indians reservation. Trial evidence established that shortly before 7:00 p.m., Swimmer attacked his uncle with a baseball bat, striking the victim in the head at least nine times. The victim died as a result of his injuries. Following the attack, Swimmer went to another family member’s house nearby and announced that the victim was dead before calling 911. Officers with the Cherokee Indian Police Department arrested Swimmer shortly thereafter.
Swimmer remains in federal custody. The second degree murder charge carries a statutory maximum penalty of life in prison. A sentencing date for Swimmer has not been set.
In making today’s announcement Acting U.S. Attorney Stetzer thanked the FBI and the Cherokee Indian Police Department for their investigation of the case.
The case is being prosecuted by Assistant U.S. Attorney John Pritchard and Special Assistant U.S. Attorney (SAUSA) Alexis Solheim of the U.S. Attorney’s Office in Asheville. Ms. Solheim is a state prosecutor with the office of the 30th Prosecutorial District and was assigned by District Attorney Ashley Welch to serve as SAUSA with the U.S. Attorney’s Office in Asheville. Ms. Solheim is duly sworn in both state and federal courts. The SAUSA position is a reflection of the partnership between the office of the 30th Prosecutorial District and the United States Attorney’s Office. The SAUSA position helps ensure the effective and vigorous prosecution of federal court cases that impact the counties within the 30th Prosecutorial District.
Federal Jury Convicts Tennessee Man of Possessing A Firearm While Being A Convicted FelonRead the Press Release
GREENEVILLE, Tenn. - Following a three-day trial in United States District Court in Greeneville, a jury convicted Emory Q. Jackson, 41, of Johnson City, Tennessee, of possessing a firearm while being a prohibited person, specifically a person having been a convicted of a crime punishable by more than one year in prison.
Sentencing is set for February 28, at 9:00 am., before the Honorable J. Ronnie Greer, in United States District Court in Greeneville, Tennessee. Jackson faces a fifteen-year minimum mandatory and a maximum life sentence in prison pursuant to the Armed Career Criminal Act (ACCA).
The evidence presented at trial demonstrated that Jackson possessed a firearm both on the streets of Johnson City and in a music video posted to Jackson’s Social Media Account, where he waved and pointed the firearm at the camera while rapping.
Acting U.S. Attorney Francis M. Hamilton, III of the Eastern District of Tennessee, made the announcement.
The Johnson City Police Department led the investigation that resulted in the indictment and subsequent conviction of Jackson.
Assistant U.S. Attorney Meghan L. Gomez and Andrew C. Parker represented the United States at trial.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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Federal Inmate Sentenced in Escape PlotRead the Press Release
Acting United States Attorney Jan Sharp announced that Henry Poteet, age 66, of Omaha, Nebraska, was sentenced today to 10 months’ imprisonment by Chief United States District Court Judge Robert F. Rossiter for Conspiracy to Commit Escape. There is no parole in the federal system. After his release, Poteet will serve a 3-year term of supervised release.
On July 26, 2019, Poteet was sentenced to 10 years’ imprisonment in the custody of the Bureau of Prisons for Possession with Intent to Distribute More than 50 Grams of Methamphetamine (actual). Pursuant to this sentence, Poteet was incarcerated at the USP Leavenworth Camp, a minimum-security camp, in Leavenworth, Kansas. Poteet’s 10-month sentence will run consecutive to the completion of his 10-year sentence.
On October 28, 2020, Poteet and Katherine Woitaszewski conspired for Poteet to escape from Bureau of Prison custody at USP Leavenworth Camp. On October 28, 2020, Woitaszewski contacted an individual identified as Witness 1 and asked if she could borrow Witness 1’s truck. Woitaszewski explained to Witness 1 that her vehicle’s tires had been slashed and she needed a vehicle to travel from Omaha to Leavenworth to help Poteet escape from prison. The United States Marshals Service became aware of the escape plot and through a ruse a Deputy U.S. Marshal was contacted by Woitaszewski who did not know his occupation and discussed the Deputy U.S. Marshal renting a truck on her behalf.
At approximately 7:16 PM on October 28, 2020, Poteet called Woitaszewski by phone from USP Leavenworth Camp. Woitaszewski and Poteet discussed Woitaszewski arriving in Leavenworth the next morning at 8:00 am and Poteet would call her at 8:15 am. Woitaszewski and Poteet discussed Poteet wearing a mask at all times.
Woitaszewski then contacted an individual identified as Witness 2 and asked Witness 2 to rent a truck on her behalf. Woitaszewski traveled with Witness 1 from Omaha, Nebraska to Carter Lake, Iowa to pick Witness 2 up from Witness 2’s residence. Woitaszewski, Witness 1, and Witness 2 then traveled to the Omaha Eppley Airfield. Witness 2 attempted to rent a truck from Budget Rental Car for Woitaszewski to use. Witness 2 was unable to rent a vehicle and Woitaszewski asked Witness 1 to rent a vehicle from Budget Rental Car for her to use to drive from Omaha, Nebraska to Leavenworth, Kansas to facilitate Poteet’s escape from USP Leavenworth Camp. Woitaszewski was arrested shortly after leaving Budget Rental Car.
Katherine Woitaszewski is still pending trial and is presumed innocent until proven guilty.
Following Poteet’s sentencing hearing, Scott Kracl, United States Marshal for the District of Nebraska, stated, “The hard work, persistence and cooperative effort of Deputy U.S. Marshals and members of the Metro Fugitive Task Force have once again proven the effectiveness of our Nebraska partners in keeping our community safe.”
This case was investigated by the United States Marshals Service and the Omaha Police Department.
Federal Grand Jury A Indictments Announced- SeptemberRead the Press Release
Acting United States Attorney Clint Johnson today announced the results of the September 2021 Federal Grand Jury A.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Maidel Aguilar-Morales. Possession of a Firearm and Ammunition by an Alien Illegally in the United States. Aguilar-Morales, 31, of Sapulpa, is charged with being an alien unlawfully in the United States in possession of a Byrco Arms .22 caliber semi-automatic pistol and ammunition. The U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations, Sapulpa Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives are the investigative agencies. Assistant U.S. Attorney Charles M. McLoughlin is prosecuting the case. 21-CR-404
Karee Dawn Alvarez. Assault with Intent to Commit Murder in Indian Country; Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence. On May 27, 2021, a hospital security officer investigated a complaint that possible gun shots were heard in the medical center’s parking lot. During that investigation, the security guard approached Alvarez in a parked car. Alvarez, 20, is alleged to have pulled a firearm from the glove compartment and shot him. The officer returned fire, striking the defendant. Alvarez did not own the vehicle nor the firearm. The FBI, Tulsa Police Department and Hillcrest Security are the investigative agencies. Assistant U.S. Attorney Bandon A. Skates is prosecuting the case. 21-CR-383
Preston James Campbell. Felon in Possession of a Firearm and Ammunition; Unlawful User of a Controlled Substance in Possession of a Firearm and Ammunition. Campbell, 38, of Bristow, is charged with being a felon in possession of a loaded Charter Arms Corp. Bulldog .44 caliber pistol and ammunition. He is also charged with being a drug user in possession of the pistol and ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Creek County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney George Jiang is prosecuting the case. 21-CR-39
Keith Vann Cone. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Cone, 26, of Tulsa, allegedly assaulted the victim with a dangerous weapon by pointing a firearm at the victim and threatening to kill him on Aug. 21, 2021. The FBI and Bixby Police Department are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 21-CR-395
Julian Cruz Reyes. Unlawful Reentry of a Removed Alien. Cruz Reyes, 40, was found in the United States after having been deported on June 23, 2007, near Laredo, Texas. U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations is the investigative agency. Assistant U.S. Attorney Charles M. McLoughlin is prosecuting the case. 21-CR-405
Jeffrey Carl Cunningham. Aggravated Sexual Abuse of a Minor Under 12 Years of Age in Indian Country (counts 1, 2). Cunningham, 44, of Eucha, allegedly sexually abused two male victims under 12 years of age. The first crime is alleged to have taken place on Sept. 21, 2003, and the second crime on Jan. 1, 2011. The FBI and Delaware County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Adam C. Bailey is prosecuting the case. 21-CR-384
Jordan Matthew Dement; James Dylan Buchanan. First Degree Burglary in Indian Country. Dement, 19, and Buchanan, 20, both of Sand Springs, allegedly broke into a Sand Springs home from an outer window in order to commit a burglary on Aug. 9, 2021. The FBI and Sand Springs Police Department are the investigative agencies. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case. 21-CR-396
Robert Burnett Dixon Jr.: Assault of an Intimate/Dating Partner by Strangling, Suffocating, and Attempting to Strangle and Suffocate in Indian Country. Dixon Jr., 44, of Tulsa, allegedly strangled an intimate partner on Aug.22, 2021. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney George Jiang is prosecuting the case. 21-CR-406
Robert William Fulton. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (Counts 1, 3); Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence (Counts 2, 4). Fulton, 31, of Tulsa, allegedly fired his gun at a female victim on May 13, 2021, after she followed him from her home believing he was stealing plumbing supplies while he was working there. Later the same day, Fulton is also alleged to have pulled his firearm, approached a male victim in a pick-up truck, and shot the victim through the vehicle’s windshield. He is further charged with two counts of brandishing and discharging a firearm during a crime of violence. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Victor A.S. Régal is prosecuting the case. 21-CR-385
Raul Hernandez-Moreno; Nicole Marie Hughes; Carlos Alfredo Arroliga. Carjacking (Counts 1,3); Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence (Counts 2,4); Possession of a Firearm and Ammunition by an Alien Illegally in the United States (Count 5); Felon in Possession of a Firearm and Ammunition (Count 6). Hernandez-Moreno, 20, Hughes, 27, and Arroloiga, 26, all of Tulsa, are charged with brandishing a firearm and carjacking a victim, taking his 2006 Mazda 3 on Oct. 26, 2020. They are also charged with brandishing a firearm and carjacking a second victim, taking his 2010 Chevrolet Silverado the same day. Hernandez-Moreno is further charged with being and alien unlawfully in the United States and possessing a Bersa 9x19-caliber handgun and 13 rounds of ammunition. Finally, Hughes is charged with being a felon in possession of a Bersa 9x19-caliber handgun and 13 rounds of ammunition. The FBI, Tulsa Police Department, and U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations are the investigative agencies. Assistant U.S. Attorney Gina S. Gilmore is prosecuting the case. 21-CR-386
Jose Guadalupe Jimenez-Barrios; Humberto Diaz-Rivas; Aleph Zain Farias-Jimenez; Miriam Jimenez; Gerardo Rodales-Morales. Drug Conspiracy (Count 1); Possession of Methamphetamine with Intent to Distribute (Count 2); Maintaining a Drug-Involved Premises Counts 3, 4, 5). Jimenez-Barrios, 33, of Mounds; Diaz-Rivas, 36, residence unknown; Farias-Jimenez, 34, residence unknown; Jimenez 33, of Mounds; and Rodales-Morales, 35, of Tulsa, are charged with conspiring together and with others to manufacture, distribute, and possess with intent to distribute 500 grams or more of methamphetamine. They are further charged with knowingly possessing with intent to distribute 500 grams or more of methamphetamine. Finally, they allegedly maintained a residence in Mounds for the purpose of manufacturing and distributing methamphetamine and maintained two residences in Tulsa for the purpose of distributing methamphetamine. All defendants except Miriam Jimenez are aliens unlawfully in the United States. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Ben Tonkin is prosecuting the case. 21-CR-398
Christopher James Johnson. Receipt of Stolen Property in Indian Country; Eluding Police Officers in Indian Country. Johnson, 39, of Tulsa, is charged with receiving stolen goods, specifically a 2006 Chevrolet Silverado that had a firearm and $900 worth of tools inside. The vehicle was stolen on Aug. 23, 2021, in Bixby. Later that day, a Tulsa Police officer saw the vehicle. When the officer pulled up behind the pick-up, Johnson allegedly sped away. The vehicle eventually went airborne as Johnson crested a hill then crashed. The defendant exited the vehicle and was pursued by the officer. He was tracked by a K-9 and later found hiding beneath a parked truck. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Nathan E. Michel is prosecuting the case. 21-CR-400
Derek Lee Lovell. Attempted Kidnapping in Indian Country; Assault with Intent to Commit a Felony in Indian Country; Attempting to Influence, Delay, and Prevent Testimony Through Corrupt Persuasion (superseding). Lovell, 37, of Tulsa, is charged with attempting to kidnap a female victim on Jan. 28, 2021. He is further charged with assaulting the victim when he attempted to kidnap her. In this superseding indictment, he is also charged with urging the victim to make false statements to use in his defense at a pretrial hearing and at jury trial. The Tulsa Police Department and FBI are the investigative agencies. Assistant U.S. Attorney Julie A. Childress is prosecuting the case. 21-CR-48
Jesse Thomas Moore. Lewd Acts With a Child Under 16 in Indian Country (Count 1); Burglary in the First Degree in Indian Country (Counts 2,3,5); Attempted Sexual Abuse by Threat in Indian Country (Count 4) Coercion and Enticement of a Minor (Count 6); Attempted Production of Child Pornography (Count 7) ;Attempted Receipt of Child Pornography (Count 8) (superseding) Moore, 19, of Tulsa, broke into a home and allegedly ejaculated on or near a minor under the age of 16 on May 6, 2020. According to the indictment, Moore also broke into a different individual’s home with intent to commit a crime by forcibly entering the outer door of the house on Nov. 8, 2020. On Dec. 13, 2020, he broke into another home and allegedly attempted to rape a female victim after he told her to “get the f**k up and don’t say anything or I’ll f**king kill you.” In this superseding indictment, Moore is also alleged to have coerced a minor victim to engage in sexually explicit conduct for the purpose of producing child pornography from January 2021 to August 2021. He further requested she send the sexually explicit videos and images of herself to him via the program “JailATM” while he was in federal custody. You can find further details in the press release covering a second complaint filed against Moore in August 2021. The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Joel-lyn A. McCormick is prosecuting the case. 21-CR-47
Catherine Lee Petersen. Felon in Possession of a Firearm and Ammunition; Possession of Methamphetamine with Intent to Distribute; Possession of a Firearm in Furtherance of a Drug Trafficking Crime. Catherine Lee Petersen, 59, of Los Lunas, New Mexico, is charged with being a felon in possession of a Pietro Bereta .40 S&W caliber pistol and ammunition. She is further charged with possessing with intent to distribute 500 grams or more of methamphetamine. Finally, she is charged with possessing the firearm to further her drug trafficking crime. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Eleanor F. Hurney is prosecuting the case. 21-cr-388
Daren Gilson Puffinbarger. First Degree Murder in Indian Country. On Aug. 18, 2021, Puffinbarger, 32, of Inola, is alleged to have killed Lucas Sanders by shooting the victim in the head six times while the victim was in bed at his home in Locust Grove. He then allegedly set the victim’s bed and body on fire. The fire caused substantial damage in the bedroom. Agents located two small propane torch kits in the bedroom, one on the bed and the other sitting upright on the floor next to the bed. The FBI and Mayes County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Joel-lyn A. McCormick is prosecuting the case. 21-CR-382
Jesus Jose Quezada-Rios. Possession of a Firearm and Ammunition by an Alien Illegally in the United States (filed as an Information). Quezada-Rios, 40, of Tulsa, is charged with being an alien unlawfully in the United States in possession of a Glock 19XGen 5 9mm semi-automatic pistol and ammunition. The Drug Enforcement Administration and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorney Richard M. Cella is prosecuting the case. 21-CR-380
Juan Hector Romero. Felon in Possession of a Firearm and Ammunition; Illegal Possession of a Machine Gun; Possession of Methamphetamine with Intent to Distribute; Possession of Cocaine with Intent to Distribute; Possession of a Machinegun in Furtherance of a Drug Trafficking Crime; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession of Unregistered Silencers. Romero, 35, of Austin, Texas, is charged with being a felon in possession of a Glock GMBH 9mm Luger caliber pistol and 86 rounds of ammunition. The firearm is alleged to have been modified into a machinegun. Romero is also charged with possessing with intent to distribute 50 grams or more of methamphetamine and possessing with intent to distribute cocaine. He is further charged with possessing a machinegun/firearm in furtherance of his drug trafficking crimes. Finally, Romero allegedly possessed two silencers not registered to him in the National Firearms Registration and Transfer Record. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Oklahoma Highway Patrol are the investigative agencies. Assistant U.S. Attorney Niko A. Boulieris is prosecuting the case. 21-CR-389
Aron Wayne Simon. Kidnapping of a Minor in Indian Country. Simon, 32, of Okmulgee, is charged with kidnapping a minor on Aug. 5, 2021, after he stole a car with an infant inside. The FBI and Muscogee (Creek) Nation Lighthorse Police Department are the investigative agencies. Assistant U.S. Attorney Leah Paisner is prosecuting the case. 21-CR-401
Victor Scott Stephens. Assault Resulting in Serious Bodily Injury in Indian Country. Stephens, 49, of Parkhill, is charged with assaulting the victim on Aug. 12, 2021, resulting in serious bodily injury. The FBI is the investigative agency. Assistant U.S. Attorney Michael F. Harder is prosecuting the case. 21-CR-390
Federal & State Officials Advise Wisconsinites That Making or Buying Fake COVID-19 Vaccine Cards is IllegalRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, joins Richard G. Frohling, Acting United States Attorney for the Eastern District of Wisconsin, and Karen Timberlake, Secretary-designee and Anthony Baize, Inspector General of the Wisconsin Department of Health Services (DHS) to advise the public that any act of creating, distributing, selling, or buying of fake COVID-19 vaccination record cards and any act of forging COVID-19 vaccination information is illegal and punishable under federal law.
The unauthorized use of an official government agency’s seal, such as the Centers for Disease Control and Prevention (CDC), is a crime and may be punishable under federal law under Title 18 United States Code, Section 1017, and other applicable laws.
“COVID-19 vaccines provide important protection for all of us when we are at school, attending public events, using mass transit, at the workplace, or attending a place of worship. Those who might claim to be vaccinated when they are not are putting themselves and their loved ones at risk of contracting COVID-19,” said Secretary-designee Karen Timberlake. “Get vaccinated, encourage your friends and family to do the same, and add an extra layer of protection by wearing a mask in public places including for teachers, staff and students in our schools.”
DHS also reminds Wisconsinites to not post vaccine cards on social media as the information could be stolen to commit fraud.
“If you have not been vaccinated, do not make your own cards or buy fake cards,” said Inspector General Anthony Baize. “If you were vaccinated and your card was not filled out correctly, do not fill in the card yourself. Instead, call your vaccine provider.”
“Public and private institutions, including employers, universities, schools, and businesses, need to be able to rely on the legitimacy of COVID-19 vaccine cards. Our office will use all available tools to prosecute individuals who knowingly falsify vaccine cards,” said Acting U.S. Attorney Richard Frohling.
“Legitimate COVID-19 vaccine cards—like the vaccines themselves—are crucial tools to prevent illness and death. People who are foolish or selfish (or both) enough to supply bogus vaccination cards, allowing others to circumvent COVID-19 curtailment efforts, will be prosecuted to the full extent of the law,” said Timothy M. O’Shea, Acting U.S. Attorney for the Western District of Wisconsin.
If you know or suspect that any healthcare provider, pharmacy, private business, or Wisconsin resident is creating, distributing, selling, buying or forging COVID-19 vaccination cards in-person or online, please report such conduct to the Wisconsin Department of Health Services, Office of Inspector General (877-865-3432 or www.reportfraud.wisconsin.gov); U.S. Department of Health and Human Services, Office of Inspector General (1-800-HHS-TIPS ) or the Internet Crime Complaint Center (www.ic3.gov).
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Federal and State Officials Advise Wisconsinites That Making or Buying Fake COVID-19 Vaccine Cards Is IllegalRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin joins Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, and Karen Timberlake, Secretary-designee and Anthony Baize, Inspector General of the Wisconsin Department of Health Services (DHS) to advise the public that any act of creating, distributing, selling, or buying of fake COVID-19 vaccination record cards and any act of forging COVID-19 vaccination information is illegal and punishable under federal law.
The unauthorized use of an official government agency’s seal, such as the Centers for Disease Control and Prevention (CDC), is a crime and may be punishable under federal law under Title 18 United States Code, Section 1017, and other applicable laws.
“COVID-19 vaccines provide important protection for all of us when we are at school, attending public events, using mass transit, at the workplace, or attending a place of worship. Those who might claim to be vaccinated when they are not are putting themselves and their loved ones at risk of contracting COVID-19,” said Secretary-designee Karen Timberlake. “Get vaccinated, encourage your friends and family to do the same, and add an extra layer of protection by wearing a mask in public places including for teachers, staff and students in our schools.”
DHS also reminds Wisconsinites to not post vaccine cards on social media as the information could be stolen to commit fraud.
“If you have not been vaccinated, do not make your own cards or buy fake cards,” said Inspector General Anthony Baize. “If you were vaccinated and your card was not filled out correctly, do not fill in the card yourself. Instead, call your vaccine provider.”
“Public and private institutions, including employers, universities, schools, and businesses, need to be able to rely on the legitimacy of COVID-19 vaccine cards. Our office will use all available tools to prosecute individuals who knowingly falsify vaccine cards,” said Acting U.S. Attorney Richard Frohling.
“Legitimate COVID-19 vaccine cards—like the vaccines themselves—are crucial tools to prevent illness and death. People who are foolish or selfish (or both) enough to supply bogus vaccination cards, allowing others to circumvent COVID-19 curtailment efforts, will be prosecuted to the full extent of the law,” said Timothy M. O’Shea, Acting U.S. Attorney for the Western District of Wisconsin.
If you know or suspect that any healthcare provider, pharmacy, private business, or Wisconsin resident is creating, distributing, selling, buying or forging COVID-19 vaccination cards in-person or online, please report such conduct to the Wisconsin Department of Health Services, Office of Inspector General (877-865-3432 or www.reportfraud.wisconsin.gov); Department of Health and Human Services, Office of Inspector General (1-800-HHS-TIPS or www.oig.hhs.gov); or the Internet Crime Complaint Center (www.ic3.gov).
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For further information contact:
Public Information Officer Kenneth Gales
414-297-1700
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