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21 October 2021
Rapid City Man Found Guilty of Multiple Firearm ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Eric Ladeaux, age 35, of Rapid City, South Dakota, was found guilty of two counts of Possession of a Firearm by a Prohibited Person and one count of Possession of an Unregistered Firearm following a federal jury trial in Rapid City, South Dakota. The verdict was returned on October 14, 2021.
Each charge carries a maximum penalty of 10 years in federal prison and/or a $250,000 fine, three years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
The conviction relates to Ladeaux, a person who is prohibited from possessing firearms, possessing firearms that were found after he came into contact with Pennington County Sheriff’s Office deputies in December 2019 and Rapid City Police Department officers in September 2020. Ladeaux was also found to be in possession of an unregistered firearm in the September 2020 stop.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennington County Sheriff’s Office, and the Rapid City Police Department. Assistant U.S. Attorney Eric Kelderman prosecuted the case.
A presentence investigation was ordered and a sentencing date has not been set. The defendant was remanded to the custody of the U.S. Marshals Service.
Previously Convicted Fraudster Is indicted on Federal ChargesRead the Press Release
CHARLOTTE, N.C. – Joseph A. DiBruno, Jr., 52, of Gastonia, N.C., was indicted by a federal grand jury on bank fraud charges, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. The indictment was unsealed this morning following DiBruno’s arrest and initial appearance before U.S. Magistrate Judge David C. Keesler.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service, which oversees Charlotte, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to the indictment, in 2008, DiBruno was sentenced to 262 months in prison after pleading guilty in the Western District of North Carolina to conspiracy to defraud the United States, money laundering conspiracy, and concealment of assets. On April 8, 2020, DiBruno was approved by the federal Bureau of Prisons for placement on home confinement due to the COVID-19 pandemic. The indictment alleges that after his release to home confinement in May 2020, DiBruno obtained or attempted to obtain loans from at least two financial institutions, based on fraudulent statements and false information he submitted on loan applications. For example, on one loan application DiBruno falsely claimed that he had been employed as Director of Data Analytics by a company listed as M.R.S., that he earned an average monthly salary of up to $8,000, and that had he had lived at the residential address listed on the application for over four years, all of which information was untrue. The indictment also alleges that between May 2020 and June 2021, DiBruno submitted at least five fraudulent loan applications to two financial institutions seeking funds totaling over $120,000.
DiBruno is charged with five counts of making false statements to a credit union. Each count carries a penalty of 30 years in prison and a $1million fine.
The details contained in the indictment are allegations. The defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI and USPIS led the investigation. Assistant U.S. Attorney Caryn Finley of the U.S. Attorney’s Office in Charlotte is prosecuting the case.
Philadelphia Police Officer Arrested for Child Pornography OffensesRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that William Watts, Sr., 55, of Philadelphia, PA, was arrested and charged by Criminal Complaint for transportation and possession of child pornography, arising from his transmission over the internet of images of children being sexually abused.
According to the Complaint, the defendant downloaded multiple files of child pornography from the internet application ‘WhatsApp,’ including depictions of prepubescent children engaged in sexual acts, some with adults. The defendant was arrested this morning after the FBI executed a federal search warrant at his residence. He will make his initial appearance in federal court tomorrow, October 22, 2021, and a pretrial detention and probable cause hearing will be scheduled for next week.
During the time of the charged offenses, Watts was employed as a Philadelphia Police Officer.
“As alleged in the Criminal Complaint, the defendant sought out videos of children being abused for his own gratification – thus adding to the demand for these types of images to be produced and more children to be victimized,” said Acting U.S. Attorney Williams. “The convenience and accessibility of digital images, coupled with the ease with which child sexual exploitation crimes can be concealed online, make these cases extremely difficult to investigate and prosecute. However, our Office and our law enforcement partners are committed to doing this difficult work in order to hold people like this defendant accountable, no matter their position in the community or occupation.”
“No one is above the law,” said Bradley S. Benavides, Acting Special Agent in Charge of the FBI's Philadelphia Division. “If you're seeking out images of children being sexually abused and exploited, you're perpetuating the victimization of innocents and the FBI is going to investigate and bring you to justice. Protecting children is the priority here.”
If convicted, the defendant faces a maximum possible sentence of 40 years in prison.
The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Kelly Harrell.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pastor of NewLife City Church Facing Federal Indictment in Maryland for Arranging Fraudulent Marriages Between Foreign Nationals and U.S. CitizensRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Joshua Olatokunbo Shonubi, a/k/a Olatokunbo Joshua Shonubi, age 50, of Bowie, Maryland, for a federal charge of conspiracy to commit marriage fraud and visa fraud and for presenting false documents to a federal government agency, in connection with a scheme to fraudulently obtain permanent resident status for foreign nationals by arranging marriages to U.S. citizens. The indictment was returned on October 20, 2021 and unsealed today upon the defendant’s arrest.
Shonubi is expected have an initial appearance today at 2:15 p.m., in U.S. District Court in Baltimore before U.S. Magistrate Judge J. Mark Coulson.
The indictment was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; and District Director Gregory L. Collett of U.S. Citizenship and Immigration Services (USCIS).
According to the seven-count indictment, from at least January 2014 through January 2021, Shonubi, pastor of NewLife City Church, Inc. in Hyattsville, Maryland, engaged in a conspiracy to fraudulently obtain immigration benefits for foreign nationals by arranging their marriage to United States citizens who served as their sponsors for permanent residence in the United States. The indictment alleges that Shonubi received thousands of dollars from foreign nationals in exchange for connecting them with U.S. citizen sponsors and facilitating their marriages.
The indictment alleges that Shonubi, often utilizing his role as pastor of NewLife, directly or through others, recruited and groomed U.S. citizens, including economically disadvantaged citizens, with payments and promises of money in exchange for marrying foreign nationals, then sponsoring the foreign nationals for permanent residence in the United States through USCIS. Shonubi also allegedly officiated some of the fraudulent marriages or arranged for a civil marriage ceremony to be performed in Virginia. Further, the indictment alleges that Shonubi created and signed at least 38 reference letters on NewLife letterhead in support of foreign nationals’ applications for permanent residence falsely stating: his relation to the parties; the nature of the marriage; his role in providing spiritual guidance or counseling; and his belief as to the romantic nature of the marriage. On at least 34 occasions, Shonubi also allegedly created false rental leases, listing Jaypro, a corporation he formed in 2015, as landlord, to provide proof that the foreign national and U.S. citizen were living together, when in fact, they were living separately. The false documents created by Shonubi and others were allegedly submitted to USCIS as part of the foreign nationals’ applications for permanent residence. The indictment alleges that Shonubi and his co-conspirators submitted at least 60 application packets to USCIS, each documenting a marriage between a U.S. citizen and a foreign national, for the purpose of obtaining permanent residence for the foreign national.
If convicted, Shonubi faces a maximum sentence of five years in federal prison for conspiracy to commit visa fraud and marriage fraud and a maximum of five years in federal prison for each of six counts of presenting false documents to a federal government agency. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
United States Attorney Erek L. Barron commended HSI and USCIS for their work in the investigation. Mr. Barron thanked Special Assistant U.S. Attorney Jason X. Hamilton and Assistant U.S. Attorney Matthew J. Maddox, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Owner of Eugene and Corvallis Indian Restaurants Indicted for Tax EvasionRead the Press Release
EUGENE, Ore.—A federal grand jury in Eugene returned an indictment today charging an Oregon restauranteur with tax evasion and hiding cash from his businesses.
Meeraali Shaik, a Corvallis, Oregon resident and the owner of Evergreen Indian Cuisine, has been charged with one count of tax evasion.
According to court documents, Shaik owned and operated Evergreen Indian Cuisine locations in Eugene and Corvallis. From before 2013 and continuing until 2017, Shaik is alleged to have willfully attempted to evade the assessment of personal income taxes by, among other illegal acts, providing his tax preparer with incomplete bank and income records and false information regarding the cash receipts of his restaurants. Shaik used a portion of the underreported cash receipts to pay mortgage payments on properties in Eugene, Corvallis, and Chandler, Arizona and made wire transfers to a bank account in India.
Shaik will make his initial appearance in federal court before a U.S. Magistrate Judge on November 2, 2021. During his first appearance, Shaik will be arraigned, and a jury trial date will be set.
If convicted, Shaik faces a maximum sentence of five years in federal prison, three years’ supervised release, and a $100,000 fine.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by IRS-Criminal Investigation with assistance from the FBI. Assistant U.S. Attorney Gavin W. Bruce is prosecuting the case.
An indictment is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
North Carolina Tax Preparer Sentenced for False ReturnsRead the Press Release
A North Carolina man was sentenced yesterday to 33 months in prison for assisting in the preparation of a false tax return and for filing a false personal income tax return.
According to court documents, Nicholas Laws, of Durham, was an office manager and a return preparer in the Winston-Salem branch of Tax Mind. As a manager, Laws trained and supervised other Tax Mind return preparers, reviewed tax returns, and filed completed returns. From 2014 to 2019, Laws prepared fraudulent returns for clients that reported false wages and business income to increase clients’ refunds. Laws also edited some returns prepared by other Tax Mind preparers to include similar fraudulent information. Laws charged fees, which occasionally exceeded $1,000, to prepare false returns.
In addition to his preparation of false client returns, Laws also filed a false personal income tax return for 2014 and did not file returns reporting his income for 2015 through 2019, despite being required to do so by law. Laws intended to cause a tax loss to the IRS of $2,934,891.
In addition to the term of imprisonment, U.S. District Judge William L. Osteen ordered Laws to serve one year of supervised release and to pay approximately $184,072 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Brian Flanagan and Kevin Schneider of the Tax Division and Assistant U.S. Attorney Cliff Barrett of the Middle District of North Carolina prosecuted the case.
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North Carolina Tax Preparer Sentenced for False ReturnsRead the Press Release
A North Carolina man was sentenced yesterday to 33 months in prison for assisting in the preparation of a false tax return and for filing a false personal income tax return.
According to court documents, Nicholas Laws, of Durham, was an office manager and a return preparer in the Winston-Salem branch of Tax Mind. As a manager, Laws trained and supervised other Tax Mind return preparers, reviewed tax returns, and filed completed returns. From 2014 to 2019, Laws prepared fraudulent returns for clients that reported false wages and business income to increase clients’ refunds. Laws also edited some returns prepared by other Tax Mind preparers to include similar fraudulent information. Laws charged fees, which occasionally exceeded $1,000, to prepare false returns.
In addition to his preparation of false client returns, Laws also filed a false personal income tax return for 2014 and did not file returns reporting his income for 2015 through 2019, despite being required to do so by law. Laws intended to cause a tax loss to the IRS of $2,934,891.
In addition to the term of imprisonment, U.S. District Judge William L. Osteen ordered Laws to serve one year of supervised release and to pay approximately $184,072 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina made the announcement.
IRS-Criminal Investigation investigated the case.
Trial Attorney Brian Flanagan and Kevin Schneider of the Tax Division and Assistant U.S. Attorney Cliff Barrett of the Middle District of North Carolina prosecuted the case.
Nigerian National Indicted in Connection with Romance SchemesRead the Press Release
BOSTON – A Nigerian national residing in Canton was indicted today by a federal grand jury for his role in a wire and bank fraud conspiracy involving romance scams targeting individuals in the United States.
Mark Arome Okuo, 41, was indicted on one count of conspiracy to commit wire and bank fraud. Okuo was arrested and charged by criminal complaint in March 2021 and has been detained since his arrest.
According to the charging documents, Okuo participated in a conspiracy involving romance scams designed to defraud victims into sending money to accounts he controlled. Criminals perpetrating romance scams create fictitious profiles on online dating or social media websites, gain the trust of potential victims and then direct those victims to transfer money under false pretenses. To further the conspiracy, Okuo allegedly used fake passports in the names of aliases to open bank accounts in and around Boston to receive the proceeds of the romance scams. Okuo then allegedly executed large cash withdrawals from those accounts, generally structured in amounts less than $10,000, in an effort to evade detection.
The charge of conspiracy to commit wire and bank fraud provides for a sentence of up to 30 years in prison, five years of supervised release and a fine of up to $1 million or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Special assistance was provided by the Federal Bureau of Investigation and the U.S. Postal Inspection Service. Assistant U.S. Attorney Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
New Jersey men guilty of roles in drug trafficking ringRead the Press Release
MARTINSBURG, WEST VIRGINIA – Sterling C. Davis and Braheem R. Sallie, both of Camden, New Jersey, were convicted at trial for their roles in a drug conspiracy that spanned several states, United States Attorney William J. Ihlenfeld, II announced.
“This result proves that drug traffickers can and will be held accountable even when they operate from another state and never set foot in West Virginia,” said Ihlenfeld. “The investigators and prosecutors are to be commended for their excellent work and the countless hours of time they invested in this case.”
After a three-day trial, Davis, 43, was found guilty of one count of “Conspiracy to Possess with Intent to Distribute and to Distribute 100 Grams or More of Heroin and 40 Grams or More of Fentanyl” and two counts of “Unlawful Use of Communication Facility.” Sallie, 42, was found guilty today of one count of “Conspiracy to Possess with Intent to Distribute and to Distribute 100 Grams or More of Heroin and 40 Grams or More of Fentanyl,” one count of “Unlawful Use of Communication Facility,” and one count of “Aiding and Abetting Travel Act – Distribution of Proceeds.” Davis and Sallie worked with others to distribute 100 grams or more of heroin and 40 grams or more of fentanyl from June 2019 to November 2019 in Berkeley and Jefferson Counties and elsewhere.
At trial, the evidence revealed that co-conspirators in West Virginia would wire money for drug payments to Davis and Sallie in Camden, New Jersey. The evidence also revealed multiple trips by West Virginia co-conspirators to Camden, New Jersey to obtain large amounts of heroin and fentanyl that were distributed and intended to be redistributed in West Virginia.
Davis and Sallie each face at least five years and up to 40 years of incarceration and a fine of up to $5,000,000 for the conspiracy count, up to four years of incarceration and a fine of up to $250,000 for each of the unlawful use of communication device counts, and up to five years of incarceration and a fine of up to $250,000 for the distribution of proceeds count. 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 defendants.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, are prosecuting the cases on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated. The Berkeley County Prosecuting Attorney’s Office assisted.
Chief U.S. District Judge Gina M. Groh presided.
Find the related press release here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
New Iberia Man Sentenced for Distribution of Child PornographyRead the Press Release
LAFAYETTE, La. - Acting United States Attorney Alexander C. Van Hook announced that Spencer Matthew Legendre, 23, of New Iberia, Louisiana, has been sentenced by United States District Judge Michael J. Juneau to 72 months in prison, followed by 10 years of supervised release, on distribution of child pornography charges. Legendre was also ordered to pay $15,000 in restitution.
According to information presented in court, an undercover agent with the Federal Bureau of Investigation (FBI) engaged in an undercover chat on a Kik group referring to young girls. The undercover agent observed username “legend_re” which was later identified to be the defendant, Spencer Matthew Legendre, post prepubescent child pornography images from the Kik account over the internet.
A search warrant was executed on February 27, 2020 at Legendre’s residence and he was questioned by law enforcement officers. Legendre confessed to downloading child pornography and admitted that he had distributed child pornography using his Kik account. In addition, law enforcement agents seized Legendre’s cell phone and found numerous images of prepubescent child pornography located on the phone. A forensic examination of the phone revealed that Legendre had distributed child pornography on February 18, 2020.
The FBI investigated the case and Assistant U.S. Attorney J. Luke Walker prosecuted the case.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Nebraska Man Sentenced for CyberstalkingRead the Press Release
Acting United States Attorney Jan Sharp announced that Dennis Sryniawski, 48, of Bellevue, Nebraska, was sentenced on October 20, 2021 by United States District Judge Brian C. Buescher to twelve months and one day in prison, to be followed by three years of supervised release. There is no parole in the federal system. Sryniawski must also pay a $10,000.00 fine.
A jury convicted Sryniawski of cyberstalking in June 2021, after a three-day jury trial. This was the first cyberstalking conviction in the District of Nebraska. The federal cyberstalking statute prohibits using an electronic communication service to engage in a course of conduct with the intent to harass, intimidate or cause substantial emotional distress to a person or immediate family members, where the conduct did cause, attempt to cause or reasonably would be expected to cause such persons to experience substantial emotional distress.
The evidence presented at trial showed that Sryniawski sent six emails on two different days in 2018 to a candidate for the Nebraska Legislature. The emails were sent from two different accounts. One email was sent under Sryniawski’s name, but the others were sent under phony names. Sryniawski had previously been married to the candidate’s wife. The initial email contained personal details about the candidate’s wife and accusations concerning the candidate’s stepdaughter, and a later email included explicit photos purportedly of each. The emails asked the candidate to withdraw from the race and conveyed the message that, if he did not, the personal details and explicit photos of his wife and stepdaughter would be released.
This case was investigated by the Federal Bureau of Investigation and the La Vista Police Department.
Navajo man accused of decapitation in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Shilo Aaron Oldrock, 28, of Fargo, North Dakota, and an enrolled member of the Navajo Nation, made an initial appearance in federal court on Oct. 15 on a charge of murder in Indian Country. Oldrock has waived a preliminary and detention hearing and will remain in custody pending trial.
According to a criminal complaint, on Oct. 10, Oldrock allegedly murdered John Doe at a residence in McKinley County, New Mexico, on the Navajo Nation. Oldrock allegedly attacked John Doe with an axe, decapitating him. Oldrock allegedly burned John Doe’s head in a wood stove, then fled the crime scene.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. Oldrock faces up to life in prison if convicted of the charged offense.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department, the McKinley County Sheriff’s Office, and the Gallup Police Department. Assistant U.S. Attorney David P. Cowen is prosecuting the case.
National Prescription Drug Take Back Day on October 23, 2021Read the Press Release
Baltimore, Maryland – United States Attorney for the District of Maryland Erek L. Barron and Special Agent in Charge Jarod Forget of the Drug Enforcement Administration, Washington Division are teaming up to publicize the Drug Enforcement Administration’s 20th National Prescription Drug Take Back Day being held in Maryland and across the country on Saturday, October 23, 2021. The service is free and anonymous. Maryland has approximately 100 available sites. The public can find a nearby collection site at www.DEATakeBack.com or by calling 800-882-9539. The nationwide event aims to provide a safe, convenient, and responsible means of disposing of prescription drugs and educating the general public about the potential for abuse of medications.
Maryland U.S. Attorney Erek L. Barron will be participating with DEA and other federal, state, and local law enforcement officials at the Wilde Lake Village Center event in Columbia, Maryland, sponsored by HC DrugFree and the Howard County Police Department. The event runs from 10 a.m. to 2 p.m.
“Over the pandemic we have seen a sharp increase in overdose deaths, and the path to opioid abuse can begin in the home with unused prescription drugs,” said U.S. Attorney Erek L. Barron. “I encourage all Marylanders to get rid of the unused and unneeded prescription drugs in their homes by participating in DEA’s Prescription Drug Take Back Day on Saturday or by visiting https://takebackday.dea.gov/ to find a collection site near them to take advantage of this free and anonymous service. Proper disposal of unused and unneeded prescription drugs will help prevent drug abuse and opioid addiction.”
“This initiative addresses a vital public safety and public health issue in our area,” said Jarod Forget, Special Agent in Charge of DEA Washington Division. “Our Take Back Day events highlight the problems associated with prescription drug abuse and give area residents an opportunity to contribute to the solution. With these efforts and the efforts from our incredible partners across Maryland, Virginia, and Washington D.C., we are helping to combat the opioid and overdose epidemics and keeping our area families safe.”
Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet.
Collection sites will adhere to local COVID-19 guidelines and regulations in order to maintain the safety of all participants and local law enforcement.
Given the ongoing COVID-19 public health emergency, DEA wants to ensure that the public is aware of other ways they can dispose of unwanted prescription drugs without having to leave their homes. Both the U.S. Food and Drug Administration and the Environmental Protection Agency have tips on how to safely dispose of drugs at home. Go to https://www.fda.gov/consumers/consumer-updates/where-and-how-dispose-unused-medicines or https://www.epa.gov/hwgenerators/collecting-and-disposing-unwanted-medicines
In addition to DEA’s National Prescription Drug Take Back Day, prescription drugs can be disposed of at any of the 11,000 DEA authorized collectors at any time throughout the year, and at many local law enforcement agency sites.
DEA and our state and local partners throughout the area will collect tablets, capsules, patches, and other solid forms. DEA will also accept vape pens or other e-cigarette devices from individual consumers, only after the batteries are removed from the devices. If the battery cannot be removed, individual consumers can check with large electronic chain stores who may accept the vape pen or e-cigarette devices for proper disposal. Liquids, including intravenous solutions, syringes and other sharps, and illegal drugs cannot be dropped off. This service is free and anonymous, no questions asked.
Recent Federal Prosecution of Opioid Cases
United States v. Jacob Leister: On December 3, 2020, Jacob Leister was sentenced to 51 months in federal prison, followed by three years of supervised release, after Leister pleaded guilty to distribution of fentanyl and Alprazolam. Leister was also ordered to forfeit $15,400 in the form of a money judgment, which represents the net proceeds of his sale of drugs to an undercover officer. According to his guilty plea, from December 2018 through September 2019, Leister sold purported prescription pills, including Oxycodone and Alprazolam, to an undercover law enforcement officer on several occasions. Subsequent lab testing found that the purported Oxycodone contained at least 56 grams of a mixture containing fentanyl, 708 pills contained Alprazolam, and 600 pills contained a substance similar to Alprazolam, but that is not a controlled substance. Law enforcement executed a search warrant on Leister’s residence on November 21, 2019 and recovered a number of computers, three firearms and ammunition and magazines for the firearms. Searches of the computers revealed, among other things, information and photographs about bitcoin, cryptocurrency, and cryptocurrency exchanges and information about dark web marketplaces, where individuals can purchase drugs.
United States v. Joyce Edwards et al: On March 3, 2021, a federal grand jury indicted the owner and operator of a purported pain management clinic, as well as two nurse practitioners who were employed at the clinic, on the federal charges for conspiracy to distribute and dispense oxycodone and for distribution and dispensing of oxycodone. Charged in the indictment are: Joyce Shawanda Edwards, Justina Aburime, and Thomas Charles Johnson, Jr. Edwards owned and operated Personal Touch Medical Spa, LLP (“PTMS”), formerly known as Holistic Health and Wellness Medical Spa LLP, a purported “pain management” clinic located in Largo, Maryland, which the indictment alleges was, in reality, a “pill mill.” A pill mill is a health care provider’s office, clinic, or health care facility that routinely prescribes and dispenses controlled substances outside the scope of professional practice and without a legitimate medical purpose. Aburime and Johnson were nurse practitioners who worked at PTMS and both were authorized to prescribe controlled substances for legitimate medical purposes. The indictment alleges that Edwards, Aburime, and Johnson distributed and dispensed oxycodone that was not prescribed for a medical purpose or in the usual course of professional practice. The indictment alleges that Aburime and Johnson pre-signed blank prescriptions, allowing Edwards to issue prescriptions for oxycodone under their names, even though she was not authorized to issue prescriptions. Further, the indictment alleges that, to create the false appearance that PTMS provided other treatment options to controlled substances, PTMS directed customers to physical therapy and provided massages. The indictment also seeks the forfeiture of approximately $278,951.72, seized on July 11, 2019, after the execution of seizure warrants on bank accounts held in the name of Personal Touch Medical Spa, LLP.
United States v. David Robinson: On March 4, 2021, David Robinson was sentenced to 171 months in federal prison, followed by three years of supervised release, for the federal charges of conspiracy to distribute oxycodone and alprazolam and for murder for hire. Robinson, formerly a licensed pharmacist who owned and operated the Frankford Family Pharmacy, located in the 5400 block of Sinclair Lane in Baltimore pleaded guilty on October 10, 2018, to a federal drug conspiracy involving the distribution of oxycodone and alprazolam outside the scope of professional practice and not for a legitimate medical purpose. On December 17, 2020, Robinson pleaded guilty to a federal charge of murder for hire, admitting that he ordered a “hit” on the person he believed had cooperated with law enforcement that led to his indictment on those charges. Robinson’s pharmacist license was suspended on August 7, 2017.United States v. Monica Raynette Clark et al: On May 17, 2021, a criminal complaint was filed charging the manager of a pain clinic, her boyfriend, and several customers with conspiracy to distribute controlled substances, including oxycodone and oxymorphone. The defendants charged in the criminal complaint are: Monica Raynette Clark; Michael Tyrone Scott III; Larry Nathaniel Waller; Mildred Taylor; Jason James Johnson; and Lisa Ann Lewis. According to the affidavit filed in support of the criminal complaint, law enforcement obtained evidence that drug trafficking was occurring at two pain clinics—Memorial Care Center, located in Woodbridge, Virginia (“Memorial Care”) and Washington DC Spine Center (“WDC Spine”), which closed in August 2019. Clark was employed as the office manager of Memorial Care and was previously the office manager of WDC Spine. Clark was not a physician and did not have a Drug Enforcement Administration (“DEA”) registration number. The criminal complaint alleges that Clark forged prescriptions for opioids using prescription pads from the clinics’ doctors, then illegally sold the forged opioid prescriptions to opioid users and diverters, including customers who live in Maryland, Virginia, and West Virginia, such as Waller, Taylor, Johnson, and Lewis. Clark is allegedly in a romantic relationship with Scott, who assists Clark in selling the forged prescriptions. To evade scrutiny by law enforcement, Clark allegedly used several different phones to sell prescriptions and instructed customers to use specific pharmacies to fill prescriptions. The criminal complaint further alleges that Clark instructed an undercover agent to claim a fictious work injury in order to receive a professional recommendation for opioid use and that Clark later arranged to sell forged prescriptions to the undercover agent.
United States v. Howard Hoffberg: On June 9, 2021, Howard Hoffberg, M.D., pleaded guilty to the federal charge of conspiracy to violate the anti-kickback statutes, in connection with a scheme to accept payments from a pharmaceutical company in exchange for prescribing a drug the company marketed for breakthrough pain in cancer patients for off-label purposes. Hoffberg, is a doctor and was licensed to practice medicine in the State of Maryland. He served as the Associate Medical Director and part-owner of Rosen-Hoffberg Rehabilitation and Pain Management (the “Practice”). Starting in June 2012, Hoffberg solicited and received kickbacks and bribes for himself in the form of payments from Insys Therapeutics, Inc. (“Insys”) (a pharmaceutical company) and related entities. In January 2012, the FDA approved Insys’s application to sell and market a Transmucosal Immediate Release Fentanyl (“TIRF”) drug named Subsys to treat cancer patients experiencing break-through pain, which is a sudden onset of pain in cancer patients that cannot be controlled with their usual treatment regimen. Subsys is a potent opioid designed to rapidly enter a patient’s bloodstream upon being sprayed under the tongue. Subsys contains fentanyl, which is a synthetic opioid pain reliever that has a high potential for abuse and addiction. Because of the limited number of cancer patients experiencing breakthrough pain who fit the FDA-approved criteria, Insys devised an illegal kickback and bribery scheme to induce Hoffberg and others to prescribe Subsys off-label for conditions other than breakthrough pain in cancer patients.
United States v. William Soyke: On August 26, 2021, William Soyke, was sentenced to 37 months in federal prison, followed by three years of supervised release, for conspiracy to distribute and dispense oxycodone, fentanyl, methadone, and alprazolam outside the scope of professional practice and not for a legitimate medical purpose. Sokye was employed as a physician assistant with Drs. Rosen and Hoffberg from 2011 to 2018, where he treated patients during follow-up doctor appointments. As a physician assistant, Soyke had privileges to prescribe controlled substance medications but was required to operate under a delegation agreement between himself and the Rosen Hoffberg owners. Sokye was aware that many of the patients presenting to Rosen Hoffberg did not have a legitimate medical need for the oxycodone, fentanyl, alprazolam, and methadone they were being prescribed. Nevertheless, Soyke issued prescriptions for these drugs to patients without a legitimate medical need and outside the bounds of acceptable medical practice. Soyke also admitted that in several instances he engaged in sexual, physical contact with female patients who were attempting to get prescriptions. Specifically, Soyke asked some female customers to engage in a range of motion test, and while they were bending over, he would position himself behind them such that his genitalia would rub against the customers’ buttocks through their clothes. These patients often acceded to this sexual abuse for fear of not getting the medications to which they were addicted.
Federal Grant Funding
In 2020, over $2.3 million in federal grant funding was awarded to the state of Maryland to assist efforts to combat opioid abuse.
The Residential Substance Abuse Treatment (RSAT) for State Prisoners Program assists states and local governments to develop and implement substance abuse treatment programs in state and local correctional and detention facilities and to create and maintain community-based aftercare services for offenders. The goal of the RSAT Program is to break the cycle of drugs and violence by reducing the demand for, use, and trafficking of illegal drugs. RSAT enhances the capability of states and units of local government to provide residential substance abuse treatment for incarcerated inmates; prepares offenders for their reintegration into the communities from which they came by incorporating reentry planning activities into treatment programs; and assists offenders and their communities through the reentry process through the delivery of community-based treatment and other broad-based aftercare services.
The Harold Rogers Prescription Drug Monitoring Program (PDMP) enhances the capacity of regulatory and law enforcement agencies and public health officials to collect and analyze controlled substance prescription data and other scheduled chemical products. The PDMP helps Maryland and its local governments to detect and prevent the diversion and abuse of opioids and other prescription drugs.
For more information on DEA’s National Prescription Drug Take Back Day, and to find a collection site in Maryland, visit www.deatakeback.com.
For more information on opioid abuse and where you can find help, please visit /media/1138691/dl?inline.
# # #Monongalia County man guilty of failure to register chargeRead the Press Release
ELKINS, WEST VIRGINIA – Jason Steven Kokinda, of Westover, West Virginia, was found guilty today of a failure to register charge, United States Attorney William J. Ihlenfeld, II announced.
After a three-day trial, Kokinda, 42, was found guilty of one count of “Failure to Update Sex Offender Registry.” Kokinda, who was previously convicted of sex offenses against children and child pornography charges, failed to update his sex offender registration after traveling from Vermont and New Jersey to West Virginia in August 2019.
Kokinda is facing up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Brandon S. Flower and Sarah E. Wagner prosecuted the case on behalf of the government. The U.S. Marshal Service, the West Virginia State Police, and the Elkins Police Department investigated.
U.S. District Judge Thomas S. Kleeh presided.
Mission Man Sentenced for Involuntary Manslaughter and Failure to AppearRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man convicted of Involuntary Manslaughter and Failure to Appear was sentenced on October 18, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Emanuel Marcus Crow Dog-Luxon, age 23, was sentenced to a total of 37 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Crow Dog-Luxon was indicted by a federal grand jury on October 21, 2020. He pled guilty on July 15, 2021.
The conviction for Involuntary Manslaughter stemmed from an incident that occurred on August 24, 2020, in Todd County, South Dakota. On that date, Crow Dog-Luxon had been consuming alcohol, and was driving a vehicle westbound on US Highway 18 west of Mission. Crow Dog-Luxon was traveling at a high rate of speed when he veered across the eastbound lane of traffic into the ditch. Crow Dog-Luxon traveled several hundred feet before re-entering the roadway, at which point the vehicle rolled. Crow Dog-Luxon’s passenger, an adult female, was ejected from the vehicle and died as a result of injuries suffered in the wreck.
Following his Indictment, Crow Dog-Luxon was released on bond. A plea agreement was subsequently filed and the case was scheduled for a change of plea hearing. Crow Dog-Luxon did not appear for the change of plea hearing and he was charged with Failure to Appear.
These cases were investigated by the Rosebud Sioux Tribe Law Enforcement Services, the U.S. Marshals Service, and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted these cases.
Crow Dog-Luxon was immediately turned over to the custody of the U.S. Marshals Service.
Middlesex County Man Sentenced to 24 Months in Prison for Interfering with Law Enforcement Officers During Civil DisorderRead the Press Release
TRENTON, N.J. – A Middlesex County, New Jersey, man was sentenced today to 24 months in prison for attempting to interfere with law enforcement officers during a civil disorder when he attempted to set fire to a police vehicle during a riot in Trenton, Acting U.S. Attorney Rachael A. Honig announced.
Justin D. Spry, 22, of South Plainfield, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to an information charging him with one count of attempting to obstruct, impede, or interfere with law enforcement officers during a civil disorder affecting commerce. Judge Martinotti imposed the sentence by videoconference today.
According to documents filed in this case and statements made in court:
On May 31, 2020, large-scale protests were held throughout the United States, including in Trenton, in response to the death of George Floyd. Although the May 31st protest in Trenton was peaceful earlier in the day, violence erupted later. A group of individuals proceeded down East State Street in downtown Trenton and began to riot, smashing store fronts, looting stores, and attacking multiple marked Trenton Police Department vehicles parked on the 100 Block of East State Street.
A Trenton street camera and other video footage taken by an individual present on the street captured Kadeem Dockery light an explosive device and throw it through the open front driver’s side window of a Trenton Police Department vehicle. Dockery then removed his shirt and handed it to Killian Melecio, who then attempted to stuff the shirt in the gas tank of the police vehicle and ignite it. Melecio was then assisted by Spry in attempting to set fire to the police vehicle. Law enforcement officers on scene arrested Spry, but Melecio and Dockery fled. Law enforcement later identified Melecio and Dockery through analysis of street camera and other video footage. They were arrested on Aug. 5, 2020.
Melecio pleaded guilty on Jan. 26, 2021, to his role and was sentenced June 28, 2021, to 28 months in prison. Dockery pleaded guilty on May 19, 2021, to his role and is scheduled to be sentenced Oct. 26, 2021.
In addition to the prison term, Judge Martinotti sentenced Spry to three years of supervised release.
Acting U.S. Attorney Honig credited special agents of the FBI and task force officers of the Joint Terrorism Task Force in Newark, under the direction of Special Agent in Charge George M. Crouch Jr., with the investigation leading to today’s sentencing. She also thanked officers of the Trenton Police Department, under the direction of Acting Police Director Steve Wilson; troopers of the New Jersey State Police, under the direction of Col. Patrick J. Callahan; and officers of the New Jersey Department of Corrections, under the direction of Acting Commissioner Victoria L. Kuhn, for their assistance.
The government is represented by Assistant U.S. Attorneys Alexander E. Ramey and Michelle S. Gasparian of the U.S. Attorney’s Office’s Criminal Division in Trenton.
Defense counsel: Benjamin J. West Esq., Trenton
Michigan City Man Sentenced to 168 Months in PrisonRead the Press Release
SOUTH BEND – Edward Sanders, 48 years old, of Michigan City, Indiana, was sentenced by U.S. District Court Judge Damon R. Leichty after pleading guilty to possession with intent to distribute controlled substances, announced United States Attorney Clifford D. Johnson.
Sanders was sentenced to 168 months in prison followed by 3 years of supervised release.
According to documents in the case, in January of 2020, Sanders was the passenger in a car and police found Sanders to be in possession of heroin, fentanyl, cocaine, methamphetamine, marijuana, and a revolver. Sanders was sentenced as a career offender based on his two prior convictions for dealing cocaine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with the assistance of the Michigan City Police Department and Indiana State Police. This case was prosecuted by Assistant United States Attorneys Jerome McKeever and Kimberly Schultz.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Miami-Bound Colorado Man Arrested at Henry E. Rohlsen Airport and Charged with Possession of a Controlled Substance with Intent to Distribute After 3 Kilos of Cocaine was Found in His LuggageRead the Press Release
St. Croix, USVI – U.S. Attorney Gretchen C.F. Shappert announced today that a Colorado man was arrested on October 19, 2021 at the Henry E. Rohlsen Airport and advised of his rights on criminal charges related to his alleged possession cocaine on October 20, 2021.
According to court documents, Customs and Border Patrol officers were conducting inspections of passengers on American Airlines flight #1293 departing from St. Croix to Miami, Florida when Kareme Holst presented himself. He was referred to secondary inspection where an x-ray of his luggage revealed a box that contained plastic bottles with a white powdery substance in clear plastic wrapping. Further inspection revealed a pair of trousers with a white powdery substance wrapped in plastic in a pocket. The substance was field tested and reacted positive to the characteristics of cocaine. The weight of the substance was approximately three kilograms.
Holst is charged with Possession of a Controlled Substance with Intent to Distribute. If convicted, he faces a potential of 5 - 40 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Homeland Security Investigations is investigating this case.
Assistant U.S. Attorney Rhonda Williams-Henry is prosecuting the case.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mexican national pleads guilty to transporting people resulting in deathRead the Press Release
LAREDO, Texas – A 23-year-old man unlawfully residing in Laredo has admitted to conspiracy to transport 12 undocumented citizens, announced Acting U.S. Attorney Jennifer B. Lowery.
On April 22, Jesus Martinez-Villela attempted to flee authorities by driving off-road near Encinal. They ultimately located his abandoned truck with an injured person on the ground near it. Another victim was found unresponsive in the bed of the truck. He was pronounced dead on scene.
Law enforcement conducted a search of the surrounding area and eventually apprehended 12 additional people. All were determined to be undocumented citizens illegally present in the United States. Some of those were transported to a local hospital to be treated for their injuries.
Sentencing will be set at a later date before U.S. District Judge Marina Garcia Marmolejo. At that time, Martinez-Villela faces up to life imprisonment as well as a possible $250,000 maximum fine.
He has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with assistance from Border Patrol and Texas Department of Public Safety. Assistant U.S. Attorney Yoona Lim is prosecuting the case.
Man sentenced to prison for meth trafficking in Great Falls and cross- country crime spree involving stolen ATVsRead the Press Release
GREAT FALLS — A Florida man who admitted to trafficking methamphetamine in Great Falls and to transporting $80,000 in stolen ATVs and other property in a cross-country crime spree that ended in Missouri was sentenced today to 11 years and four months in prison and to be followed by four years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Harold Goodson Hill, 37, pleaded guilty in July to possession with intent to distribute meth and to interstate transportation of stolen property.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered $70,364 restitution.
The government alleged in court documents that in September 2020, the Great Falls Police Department responded to a series of theft complaints around town of various items, including an ATV from a pickup truck. While responding to a report, officers found Hill asleep in the driver’s seat of a vehicle and seized stolen items found in the vehicle. In October 2020, law enforcement learned Hill had been selling meth in Great Falls and that he was receiving suspicious packages from Las Vegas to an address he had in Townsend. Officers stopped Hill after he picked up a package at the Townsend post office, seized the package and determined it contained 1.9 pounds of meth. Hill told agents he had come to Montana from Virginia in April 2020 and admitted to distributing meth. The agents released Hill.
The government further alleged that Hill rented a 26-foot Penske truck in Whitehall on Oct. 29, 2020. A trooper in Missouri ultimately stopped the Penske truck, which was pulling a trailer that had been stolen from Broadwater County. Hill was the driver and sole occupant of the truck. Officers searched the truck and trailer and found five ATVs and a UTV that had been stolen in Montana and South Dakota, along with a Toro lawnmower and other items. The estimated value of the stolen items was $80,000.
Assistant U.S. Attorneys Jessica A. Betley and Jeffrey K. Starnes prosecuted the case, which was investigated by the FBI, Drug Enforcement Administration, Great Falls Police Department, Russell Country Drug Task Force, Broadwater County Sheriff’s Office, U.S. Postal Service, Gallatin County Sheriff’s Office, South Dakota Division of Criminal Investigation, Belle Fourche Police Department, South Dakota, Sioux Falls Police Department, South Dakota, and Missouri State Highway Patrol.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Long-Time Fugitive Sentenced to 51 Months in Prison for Scheme to Steal 94,000 Debit and Credit Cards from Michaels’ Stores in 19 StatesRead the Press Release
CAMDEN, N.J. – A California man was sentenced today to 51 months in prison for his role in a conspiracy to steal 94,000 credit and debit cards from customers at approximately 80 Michaels’ Stores in 19 states and to then use that information to make fraudulent withdrawals from the bank accounts of those customers, Acting U.S. Attorney Rachael A. Honig announced.
Jose Salazar, aka “Tito,” 45, of Riverside, California, previously pleaded guilty by videoconference before U.S. District Judge Joseph H. Rodriguez to Count 1 of an indictment charging him with conspiracy to commit bank fraud. Judge Rodriguez imposed the sentence by videoconference today.
According to documents filed in this case and statements made in court:
Salazar and his conspirators installed devices that acquired customers’ bank account and personal identification number (PIN) information on point of sale (POS) terminals at stores operated by Michaels. The stolen account information was used to produce counterfeit bank cards, which were used with the stolen PINs to withdraw funds from the compromised bank accounts.
The conspirators allegedly replaced POS terminals in 80 different stores operated by Michaels across 19 states, including New Jersey, with counterfeit POS devices. Each counterfeit device was equipped with wireless technology, which the conspirators used to retrieve the stolen information. From February 2011 to April 2011, conspirators stole approximately 94,000 debit and credit card account numbers.
In 2011, Salazar recruited individuals to participate in the conspiracy. From April 2011 to May 2011, Salazar, Angel Angulo and others obtained counterfeit cards with the corresponding PIN numbers written on them from other conspirators. They used the cards and PIN numbers to withdraw money using automated teller machines (ATMs) from hundreds of bank accounts. Angulo pleaded guilty on June 20, 2017, and was sentenced on March 15, 2018, to three years in prison.
In addition to the prison term, Judge Rodriguez sentenced Salazar to five years of supervised release and ordered him to pay restitution of $617,534.94.
Acting U.S. Attorney Honig credited special agents of the U.S. Secret Service, under the direction of Special Agent in Charge James Henry in Philadelphia, for the investigation leading to today’s sentencing. She also thanked special agents with the U.S. Marshal Service, under the direction of Juan Mattos, and the International Criminal Police Organization for their assistance.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the U.S. Attorney’s Office Economic Crimes Unit.
Defense counsel: Richard Sparaco Esq., Camden
Letcher County Teacher Convicted of Producing Child Pornography and CyberstalkingRead the Press Release
LONDON, Ky. – A Letcher County Middle School teacher was convicted late Wednesday, by a federal jury sitting in London, of producing child pornography and cyberstalking a student.
The jury convicted Charles Evans Hall Jr., 48, after 30 minutes of deliberations, following a three-day trial.
According to the evidence at trial, Hall persuaded a child to setup a secret Snapchat account. Hall then manipulated the child into creating and transmitting sexually explicit pictures and videos over a seven-month period. Hall used physical molestation to coerce and entice the minor into producing additional images.
The Kentucky State Police (KSP) seized Hall’s cell phone on November 20, 2018. Despite that, Hall still used Instagram to engage in cyberstalking. Hall repeatedly contacted the victim, asking her to destroy evidence, and ultimately threatened the child when she did not help him do so. KSP then arrested Hall on November 30, 2018. Despite that, Hall had his cellmate communicate with a co-conspirator, outside of the jail, to continue the cyberstalking campaign against the child, using Facebook. Hall told the victim to make another statement to law enforcement, to clear him of the charges. Hall also used his mother’s public Facebook page to relay messages to the victim.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Jodi Cohen, Special Agent in Charge, Federal Bureau of Investigation (FBI) Louisville Division; and Col. Phillip Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the jury’s verdict.
The investigation was conducted by the FBI and the Kentucky State Police Electronic Crimes Branch. The United States was represented in the case by Assistant U.S. Attorney Jenna E. Reed.
Hall will appear for sentencing on February 22, 2022. He faces a maximum of 35 years in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing the sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Lackawanna County Man Charged with Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that on October 19, 2021, Douglas Richard Spencer, age 39, of Jefferson Township, Pennsylvania, was indicted by a federal grand jury for drug trafficking and firearm charges.
According to Acting United States Attorney Bruce D. Brandler, the indictment alleges that on June 9, 2021, in Lackawanna County, Spencer possessed with the intent to distribute over 50 grams of methamphetamine. The indictment also alleges that Spencer, a felon not permitted to possess firearms, possessed several firearms in furtherance of his drug trafficking activities.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Pennsylvania State Police (PSP). Assistant United States Attorney Jeffery St John is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Kansas Man Pleads Guilty to Water Facility TamperingRead the Press Release
TOPEKA, KAN. – A Kansas man pleaded guilty to tampering with the computer system at a drinking water treatment facility in Ellsworth County. Wyatt Travnichek, 23, of Lorraine pleaded guilty to one count of tampering with a public water system and one count of reckless damage to a protected computer system during unauthorized access.
According to court documents, the Post Rock Rural Water District hired Travnichek in January 2018, and his duties included monitoring the plant after hours using a remote login system. Travnichek resigned his position in January 2019. On March 27, 2019, the remote log in system was used to shut down the plant and turn off one of its filters. Investigators established Travnichek’s cell phone was used to perpetrate the intrusion, and that the phone was in his possession at the time of the shutdown. He told investigators he was intoxicated and didn’t remember anything about the night of March 27, 2019.
The Environmental Protection Agency, the Federal Bureau of Investigation and the Kansas Bureau of Investigation investigated the case.
“Ensuring the security of our nations cyber infrastructure is one of the FBI’s top priorities and the plea underscores the joint dedication to that effort by the FBI, EPA and the Kansas Bureau of Investigation. There is no doubt that Travnichek’s intentional actions directly placed the public in harm’s way. The plea should send a clear message to anyone who attempts to tamper with public facilities – law enforcement will remain resolute in investigating any and all threats that put the public’s health at risk,” said FBI Special Agent in Charge Charles Dayoub.
“Protecting America's drinking water is a top EPA priority,” said Special Agent in Charge Lance Ehrig of the EPA’s Criminal Investigation Division in Kansas. “EPA will continue our focused efforts with DOJ and the states as we investigate and pursue any threats that might be directed toward vital community drinking water resources.”
The parties recommend a prison sentence of 12 months and one day on counts one and two to run concurrently. However, a district court judge will determine a sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorney Christine Kenney is prosecuting the case.
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Justice Department Reaches Settlement to Remedy Severe Racial Harassment of Black and Asian-American Students in Utah School DistrictRead the Press Release
The Department of Justice’s Civil Rights Division and the United States Attorney’s Office for Utah announced a settlement agreement with Davis School District in Utah to address race discrimination in the district’s schools, including serious and widespread racial harassment of Black and Asian-American students. The department opened its investigation in July 2019 under Title IV of the Civil Rights Act of 1964.
The investigation revealed persistent failures to respond to reports of race-based harassment of Black and Asian-American students by district staff and other students. The department’s review, which focused on 2015-2020, found hundreds of documented uses of the N-word, among other racial epithets, derogatory racial comments, and physical assaults targeting district students at dozens of schools. The department concluded that for years, Davis’s ineffective response left students vulnerable to continued harassment and that students believed the district condoned the behavior. The department also found that Davis disciplined Black students more harshly than their white peers for similar behavior and that Davis denied Black students the ability to form student groups while supporting similar requests by other students. Black and Asian-American students are each roughly 1 percent of the approximately 73,000 students enrolled in the district.
“Pervasive racial harassment and other forms of racial discrimination in public schools violate the Constitution’s most basic promise of equal protection,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “This agreement will help generate the institutional change necessary to keep Black and Asian-American students safe. We look forward to Davis demonstrating to its students and school community that it will no longer tolerate racial discrimination in its schools.”
“The Justice Department thanks the many parents and students who came forward and shared their experiences and the Davis School District for its cooperation with our investigation,” said Acting United States Attorney Andrea Martinez for the District of Utah. “As the federal partners who work and live in this community, we are hopeful that this agreement is the start of a new chapter in which Black and Asian-American students will attend Davis schools without fear.”
Under the agreement, Davis will retain a consultant to review and revise anti-discrimination policies and procedures and support the district as it undertakes significant institutional reforms. Among other steps, Davis will:
- create a new department to handle complaints of race discrimination;
- train staff on how to identify, investigate, and respond to complaints of racial harassment and discriminatory discipline practices;
- inform students and parents of how to report harassment and discrimination;
- create a centralized, electronic reporting system to track and manage complaints and Davis’s response to complaints;
- implement student, staff, and parent training and education on identifying and preventing race discrimination, including discriminatory harassment;
- analyze and review discipline data and amend policies to ensure non-discriminatory enforcement of discipline policies; and
- develop a districtwide procedure to assess requests for student groups and treat such requests fairly.
Protecting the constitutional rights of public school students is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at https://www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/.
View the summary of the agreement here.
Judge sentences Lake St. Louis man for enticement of a minor and receiving child pornographyRead the Press Release
ST. LOUIS – Larry Deutsch, age 55 of Lake St. Louis, Missouri, appeared before United States District Court Judge John A. Ross on October 21, 2021. Deutsch pleaded guilty and was sentenced to 144 months in federal prison to be followed by a lifetime of supervised release for coercion and enticement of a minor and receiving child pornography.
The defendant met the minor victim while he was serving as the Bishop for a Mormon
church attended by the minor and her family. The family moved out of state and Deutsch maintained contact with the minor as a trusted adult in her life and that of her family. In October 2019, the defendant via the internet and cellular telephones convinced the minor to create and send to him nude images of herself. Deutsch also sent the minor nude images of himself. The family discovered the inappropriate conduct and took steps to prohibit further contact. In February 2020, the defendant flew across the country and picked up the minor, violating an order of protection the family had previously obtained. Without the consent of the parents, Deutsch and the minor responded back to St. Louis where he provided the minor an apartment.
Law enforcement officers in St. Louis were contacted to assist in locating the minor and contacted Deutsch. It was determined that Deutsch was keeping the minor in an apartment he had rented in St. Louis County. The investigation revealed on the personal electronics belonging to the defendant, numerous child pornography images of the minor victim.
This case was investigated by the St. Charles County Police Department, the Missouri Internet Crimes Against Children Task Force and the Federal Bureau of Investigation.
Iowa Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Inwood, Iowa, man convicted of Failure to Register as a Sex Offender was sentenced on October 15, 2021, by U.S. District Judge Karen E. Schreier.
Kyle William King, age 35, was sentenced to 21 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
King was indicted by a federal grand jury on April 6, 2021. He pled guilty on July 19, 2021.
The conviction stems from King failing to register as a sex offender as required by federal law between October 1, 2020, and February 8, 2021. King had previously been convicted of a sex offense in state court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
King was immediately turned over to the custody of the U.S. Marshals Service.
Hull Man Pleads Guilty to Fraud Charge Arising from Fraudulent CARES Act Small Business LoansRead the Press Release
BOSTON – A Hull man pleaded guilty today in federal court in Boston in connection with submitting fraudulent documentation in order to receive CARES Act small business loans.
Shane Spierdowis, 31, pleaded guilty to one count of wire fraud. U.S. District Court Judge Richard G. Stearns scheduled sentencing for Feb. 24, 2022. Spierdowis was indicted on March 30, 2021.
Spierdowis used false Social Security numbers and fraudulent documentation to apply for federally funded Small Business Administration (SBA) loans issued in connection with the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). Spierdowis obtained an SBA Paycheck Protection Program loan of $101,517 in the name of a Limited Liability Company (LLC), the funds for which were wired to a bank in Massachusetts. Spierdowis provided a fraudulent corporate bank statement reflecting a balance exceeding $220,000 but dated before the pertinent bank account was ever opened.
Spierdowis also obtained an SBA Economic Injury Disaster loan (EIDL) in the amount of $89,900 using a separate LLC. With respect to both loans, Spierdowis used Social Security numbers different from his own. He also submitted fraudulent federal tax forms for both LLCs that included his signature, as president of each LLC, and the purported payment of hundreds of thousands of dollars in wages to LLC employees during each quarter in 2019. In reality, however, for part of Q1 2019 and all of Q2 – Q4 2019, Spierdowis was in federal custody after violating his probation arising from a conviction for conspiracy to commit securities fraud. Spierdowis informed the court of his efforts to obtain work in early 2019 without mentioning anything about his supposed presidency of either LLC.
The charging statute provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office, made the announcement. The Hull Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney William Abely, Chief of Mendell’s Criminal Division, is prosecuting the case.
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.
Honolulu Bookkeeper Indicted for $1.2 Million Fraud and Money LaunderingRead the Press Release
HONOLULU – Paul Henri Marie Harleman, 34, of Honolulu, was indicted today by a federal grand jury on six counts of wire fraud and seven counts of money laundering. He was arrested on April 23, 2021, and previously charged by criminal complaint. Upon motion of the government, Harleman has been detained pending trial since his arrest.
Judith A. Philips, Acting United States Attorney for the District of Hawaii, announced that the indictment alleges that while Harleman was working as a contract bookkeeper, he devised two fraud schemes to obtain money from three of his clients. In the first scheme, from July 2018 to May 2020, Harleman allegedly formed a limited liability company with a name nearly identical to the name of a significant vendor to one of his clients, and then charged the client’s credit card for more than $146,000 in fraudulent invoices. In the second scheme, from September 2019 to his arrest, Harleman allegedly transferred more than $1,064,000 in a series of payments disguised as payroll from two of his clients to Harleman’s limited liability company. According to the indictment, Harleman moved money fraudulently obtained from his three clients from his personal checking account to a personal investment account, resulting in the money laundering charges.
"This office will continue to work with our law enforcement partners to root out and prosecute fraud and other economic crimes perpetrated against local businesses, non-profit entities, and individuals," stated Acting U.S. Attorney Philips.
"Today’s indictment shows IRS Criminal Investigation’s commitment to act when those in our communities are being taken advantage of and stolen from," said Bret Kressin, IRS Criminal Investigation Special Agent in Charge. "We will continue to be vigilant in protecting the public against fraud and theft."
"Financial crimes are a top priority for HSI, particularly when hardworking people and small businesses are the victims," said John F. Tobon, Special Agent in Charge, Homeland Security Investigations. "Our agents will continue to investigate and seek out the perpetrators of these kinds of illegal and complex financial schemes."
An indictment is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The case was investigated by Internal Revenue Service Criminal Investigation and Homeland Security Investigations of the Department of Homeland Security. Assistant United States Attorney Craig S. Nolan is prosecuting the case.
Hartford Man Sentenced to 4 Years in Prison for Selling Oxycodone from New Britain Grocery StoreRead the Press Release
Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, announced that ELIEZER PEREZ, also known as “Ka-King,” 42, of Hartford, was sentenced today by U.S. District Judge Janet C. Hall in New Haven to 48 months of imprisonment, followed by three years of supervised release, for distributing oxycodone from his New Britain grocery store.
According to court documents and statements made in court, in the summer of 2019, the Drug Enforcement Administration New Haven Tactical Diversion Squad and the New Britain Police Department.began investigating individuals who were selling oxycodone pills from Elzier Grocery, located at 1485 Corbin Avenue in New Britain. Between July and December 2019, investigators made multiple controlled purchases of oxycodone pills from Perez, Elzier Grocery’s owner Raul Cabrera-Vasquez, and others at the store.
On February 26, 2020, court authorized searches of the Elzier Grocery and a nearby residence revealed more than 1000 oxycodone pills, drug packaging materials, drug ledgers, and approximately $10,000 in cash.
Perez has been detained since his arrest on December 12, 2020. On May 11, 2021, he pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, oxycodone.
Cabrera-Vasquez pleaded guilty to the same charge and, on June 10, 2021, was sentenced to 48 months of imprisonment.
This investigation has been conducted by the Drug Enforcement Administration New Haven Tactical Diversion Squad and the New Britain Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Greenville Man Sentenced to over 14 Years for Armed Robbery and ShootingRead the Press Release
RALEIGH, N.C. – A Greenville man was sentenced today to 171 months in prison for Interference with Commerce by Robbery and Discharging a Firearm in Connection to a Crime of Violence. On July 16, 2021, Tyv Vaaron Lemark Jones pled guilty to the charges.
According to court documents and other information presented in court, Jones, 20, and another unidentified individual committed an armed robbery and shooting at the JIA Sweepstakes located in Greenville, North Carolina on January 15, 2020. Surveillance video footage from inside the business shows Jones and a masked individual brandishing a revolver and an AK-47 style rifle as they rushed through the front door. Jones and his associate are seen corralling the customers into a bathroom towards the rear of the business. Jones is then seen shooting through the bathroom door at least once. Video then shows Jones and his associate attempting to break into the business office. Despite firing multiple rounds through the office door, the door did not open. Jones then broke down the door using his body. At that point, Jones and his associate grabbed the female clerk, who was hiding underneath the office desk, assaulted her, held her at gunpoint and demanded the money. Ultimately, the pair stole approximately $3,000 in U.S. currency and two cellular phones before fleeing the scene. Jones fled to Hampton, Virginia, where he was arrested on January 22, 2020. A federal grand jury indicted Jones on February 10, 2021, and he was transferred to federal custody on February 23, 2021.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Pitt County Sheriff’s Office, the Greenville Police Department’s Violent Criminal Apprehension Team, the North Carolina State Bureau of Investigation’s Fugitive Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Aakash Singh prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:21-CR-10-BO.
Grand Jury Indicts Lincoln Man for Receiving Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that the Grand Jury in the District of Nebraska has returned a two-count indictment against Matt Tibbels, 58, of Lincoln. The Indictment charges Tibbels with committing child exploitation crimes between August 31, 2020 and October 5, 2021.
The first count of the Indictment charges the receipt of child pornography. This offense is punishable by a mandatory minimum term of 5 years’ and a maximum of 20 years’ imprisonment, a fine of up to $250,000, and a special assessment of up to $35,000. After release from any imprisonment, Tibbels would be subject to a term of supervised release of not less than five years and up to life. The second count charges Tibbels with possession child pornography. This count is punishable by a maximum of 20 years’ imprisonment, a fine not to exceed $250,000, and a term of supervised release of not less than five years and up to life, and a special assessment of up to $17,000.
Tibbels’ next court appearance has not yet been scheduled. A preliminary examination will not be held as the Grand Jury has found of probable cause in returning the Indictment. A finding of probable cause is not a finding of guilt and Tibbels is presumed innocent of these charges.
Acting United States Attorney Sharp expressed his appreciation to the Federal Bureau of Investigation for their quick actions in obtaining a criminal complaint and search warrant immediately upon receiving notification of the daycare being operated out of Tibbels’s home.
FBI Omaha Special Agent in Charge Eugene Kowel said, “There are few crimes more heinous than the sexual exploitation of children. Protecting vulnerable children from those who traffic in child sexual abuse material will always be a priority for FBI Omaha and our Crimes Against Children Task Force. The FBI will continue to work with all of our law enforcement partners to rapidly investigate cases to protect these most innocent of victims.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Grand Jury - October 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 15 unsealed Indictments charging 17 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Jenone Gregg Allen, age 45, of Lincoln, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about January, 2018 and continuing to on or about October 12, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Guadalupe Ayala-Armienta, age 34, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about May 25, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment
* Ryan Arrants, age 41, of Alliance, Nebraska, is charged in a three-count Indictment. Count I charges Arrants with distribution of methamphetamine on or about April 20, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $1,000,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about April 20, 2021. The maximum possible penalty if convicted is life imprisonment consecutive to Count I, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment
Count III charges the defendant with possession with intent to distribute of 50 grams or more of methamphetamine (actual) on or about August 9, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Fred H. Bienka, age 82, of Lincoln, Nebraska, is charged with conspiracy to commit wire fraud and mail fraud beginning on or about 2016 and continuing to on or about April 13, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Chavez-Ruiz, age 29, is charged with illegal reentry after deportation on or about June 7, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Alfredo Escobar, age 39, is charged in a four-count Indictment. Count I charges Escobar with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about April 3, 2020 and continuing to on or about June 11, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count II charges the defendant with distribution of 5 grams or more of methamphetamine (actual) on or about August 3, 2020. The maximum possible penalty if convicted is life imprisonment, a $8,000,000 fine, an eight-year term of supervised release, and a $100 special assessment. Count III charges the defendant with distribution of 50 grams or more of methamphetamine (actual) on or about June 1, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. Count IV charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 11, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment.
* Kirk Tildon Foster, age 52, is charged with failure to register as a sex offender after traveling in interstate commerce on or about May 2021 and continuing to on or about August 30, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment.
* Edward Lawrence Hays, age 56, of Murfreesboro, Tennessee, is charged with attempted coercion and enticement of a minor beginning from on or about June 24, 2021 and continuing to on or about October 13, 2021. The maximum possible penalty if convicted is life imprisonment, a $250,000 fine, a life term of supervised release, and a $100 special assessment, and $5,000 in additional special assessments.
* Craig A. Hoffman, age 45, of Lincoln, Nebraska, is charged in a four-count Indictment. Count I charges Hoffman with tax evasion from on or about June 11, 2011 continuing to on or about September 22, 2017. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Counts II through IV charge the defendant with failure to pay over withholding and FICA taxes on or about March 31, 2016 and continuing to on or about June 30, 2016. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* George A. Liakos, age 62, of Bayard, Nebraska, is charged in a five-count Indictment. Counts I through IV charges Liakos with bank fraud from on or about June 2, 2017 continuing to on or about November 26, 2018. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count V charges the defendant with false statements on or about February 9, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tommy L. Meyer, age 42, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about May 19, 2021. The maximum possible penalty if convicted is life imprisonment, a $20,000,000 fine, a ten-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2021.
* Matthew W. Miller, age 35, of Weeping Water, Nebraska, is charged with felon in possession of ammunition on or about August 10, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Nathan R. Rogers, age 26, of South Sioux City, Nebraska, is charged in a two-count Indictment. Count I charges Rogers with production of child pornography between on or about October 11, 2020 and continuing to on or about February 20, 2021. The maximum possible penalty if convicted is 30 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $55,000 additional special assessment. Count II charges the defendant with receipt of child pornography between on or about October 11, 2020 and continuing to on or about February 20, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $40,000 additional special assessment.
* Matt Tibbels, age 58, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Tibbels with receipt of child pornography between on or about August 31, 2020 and continuing to on or about October 4, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $40,000 additional special assessment Count II charges the defendant with possession of child pornography on or about October 5, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a life term of supervised release, a $100 special assessment, and a $22,000 additional special assessment.
* Dustin C. Vogel, age 35, Jonathan W. Miller, age 29, and Haley M. Coffman, age 24, all of Omaha, are charged in a two-count Indictment. Count I charges Vogel, Miller, and Coffman with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning at a time unknown and continuing to on or about October 6, 2021. The maximum possible penalty if convicted is life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment. Count II charges Miller with assaulting, resisting, or impeding an officer with a dangerous or deadly weapon on or about October 6, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Gansevoort Woman Sentenced on Tax Fraud ChargesRead the Press Release
ALBANY, NEW YORK – Betty J. Marriott, age 71, of Gansevoort, New York, was sentenced today to a year of probation, and to pay $280,413 in restitution, following her conviction on four counts of filing false tax returns. The announcement was made by United States Attorney Carla B. Freedman and Thomas Fattorusso, Acting Special Agent in Charge, New York Field Office, Internal Revenue Service – Criminal Investigation (“IRS-CI”).
Marriott’s conviction related to business income and rental payments she earned through a Saratoga County company that places home health care aides in patients’ homes. Marriott owned and operated the company until 2016 and collected monthly rental payments from the company in 2017. In pleading guilty, Marriott admitted to filing materially false tax returns in tax years 2014 through 2016 that underreported income from the business. Following Marriott’s sale of the company in 2016, she also failed in 2016 and 2017 to declare the income she received through rental payments the company paid her on a monthly basis. Marriott admitted to underreporting a total of $1,019,444, resulting in a loss to the government of at least $280,413.
In a related case, on October 14, 2021, Elizabeth Doyle, age 49, of Ballston Lake, New York, to whom Marriott sold the company in 2016, pled guilty to filing false tax returns; her sentencing is scheduled for February 16, 2022.
These cases were investigated by IRS-CI and are being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Fresno Man Sentenced to over 10 Years in Prison for Conspiring to Smuggle Heroin and Methamphetamine into the Fresno County JailRead the Press Release
FRESNO, Calif. — Alfredo Garcia Jr., 27, of Fresno, was sentenced today to 10 years and eight months in prison for conspiring to possess with intent to distribute and to distribute heroin and methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, between Dec. 1, 2020 and Jan. 26, 2021, Garcia, who was an inmate at the Fresno County Jail, conspired with another inmate and others outside of jail to smuggle methamphetamine and heroin into the jail for distribution among inmates. The plot was discovered when law enforcement agents reviewed recorded jail calls and learned about the attempted smuggling set to occur on Jan. 26. On that date, law enforcement officers intercepted an individual attempting to deliver athletic shoes to the jail for an inmate. The shoes were searched, and hidden compartments were found inside the shoes containing the illicit narcotics.
This case was the product of an investigation by Homeland Security Investigations, the Drug Enforcement Administration, the Fresno Police Department, and the Fresno County Sheriff’s Office. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
Fresno Man Charged with Unlawfully Possessing a Firearm After Attempting to Evade PoliceRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Robbie Soto, 26, of Fresno, charging him with unlawfully possessing a firearm after being convicted of a felony crime, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Sept. 22, 2021, Soto was a passenger in a car that officers attempted to stop for a traffic violation. Soto fled from the car and led officers on a chase. Law enforcement officers eventually caught up to him, arrested him, and recovered two loaded firearms, one of which was equipped with a loaded high-capacity magazine. Soto has been convicted of felonies two times, in Fresno County in 2016 and in federal court in 2018.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno Police Department. Assistant U.S. Attorney Antonio J. Pataca is prosecuting the case.
If convicted, Soto faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Four Men Charged with Federal Firearm Offenses for Allegedly Trafficking Guns from St. Louis to ChicagoRead the Press Release
CHICAGO — Four men have been charged with federal firearm offenses for allegedly trafficking guns from St. Louis to Chicago.
Criminal complaints filed in U.S. District Court in Chicago accuse ROBERT NARUP of buying firearms at gun shows throughout the United States and illegally selling them to JEROME BOYKIN in St. Louis, Mo. Boykin then brought the guns to Chicago and sold them to ROGELIO MANCERA in exchange for marijuana, the charges allege. Mancera re-sold the guns to RODOLFO ORTEGA, who in turn would sell them to various buyers on the streets of Chicago, the charges allege.
Narup, 71, of Washington, Mo., is charged with willfully dealing firearms without a license. He was arrested on Oct. 15, 2021, in the St. Louis area after allegedly selling 18 firearms and two silencers to an undercover law enforcement agent in a retail store parking lot. Narup appeared Monday in U.S. District Court in the Eastern District of Missouri. He will appear in federal court in Chicago on a date to be set.
Boykin, 30, of St. Louis, Mo., is charged with possessing a firearm during a drug trafficking crime. He was arrested in the Chicago area on Oct. 8, 2021, after allegedly selling more than 20 firearms to Mancera in exchange for marijuana. Boykin made an initial appearance Wednesday in federal court in Chicago.
Mancera, 27, of Schaumburg, Ill., is charged with willfully dealing firearms without a license. He was arrested Tuesday after federal agents searched his storage locker in Schaumburg and discovered more than 25 firearms, including machine guns, the complaint states. Mancera made an initial appearance this morning in federal court in Chicago.
Ortega, 26, of Chicago, is charged with illegally possessing two firearms that he allegedly sold to an individual in Chicago on Oct. 5, 2021. As a previously convicted felon, Ortega was not lawfully allowed to possess a firearm. He was arrested Monday and is scheduled to appear for a detention hearing this afternoon in federal court in Chicago.
The charges were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives; and David Brown, Superintendent of the Chicago Police Department. Assistant U.S. Attorney Megan DeMarco represents the government.
ATF and CPD’s recently created Gun Investigations Team investigated the case. Valuable assistance was provided by the ATF St. Louis Field Office of the ATF Kansas City, Mo., Field Division, and the U.S. Attorney’s Office in the Eastern District of Missouri.
Disrupting illegal firearms trafficking is a centerpiece of the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago firearms trafficking strike force, the U.S. Attorney’s Office collaborates with ATF, CPD, and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
The public is reminded that complaints contain only charges and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The firearm charge against Boykin carries a mandatory minimum sentence of five years in federal prison and a maximum of life. The charge against Ortega is punishable by up to ten years, while the charges against Narup and Mancera carry a maximum of five years. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
Former Private Prisoner Transport Officer Sentenced to Life Plus Five Years for Sexually Assaulting Two Women in His CustodyRead the Press Release
A federal judge in Little Rock, Arkansas, sentenced Eric Scott Kindley, 53, a former private prisoner transport officer, to life plus five years in prison for sexually assaulting two different women in his custody during two different transports in 2014 and 2017, and for knowingly possessing a firearm in furtherance of the 2017 sexual assault.
The sentence comes after a jury returned guilty verdicts on March 12, 2020, to all counts in the indictment. The evidence at trial established that Kindley operated his own private prisoner transport company that contracted with local jails throughout the country to transport individuals who were arrested on out-of-state warrants. Even though the indictment charged Kindley with only two sexual assaults that occurred within the jurisdiction of the Eastern District of Arkansas, the jury heard from six women who he transported between 2012 and 2017. All the women testified that Kindley transported them alone, sometimes for hundreds of miles. The women were all handcuffed and shackled. As Kindley drove the women to desolate locations, he threatened to kill them and made sexually explicit comments that escalated in intensity and depravity.
“Those who act under color of law and commit sexual assault cannot rely on their position of power or their victims’ vulnerabilities to escape accountability,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While these crimes may be difficult to detect, a survivor’s account is evidence, will be taken seriously, an investigation will ensue, and, where appropriate, punishment will follow. We thank the survivors of these sexual assaults for having the courage to come forward despite the defendant’s repeated attempts to silence them. The Civil Rights Division will continue to vigorously hold accountable those who abuse their authority by committing sexual assault.”
“This sentence sends a clear message, that this abuse of power and disregard for individual’s basic rights cannot and will not be tolerated,” said Special Agent in Charge Sean Kaul of the FBI Phoenix Field Office. “The FBI commends the victims who bravely came forward to report Kindley's actions. We remain fully committed to protecting the rights of all citizens and appreciate the partnership of the other FBI Field Offices, U.S. Attorney's Offices, and the Department of Justice Civil Rights Division during this investigation and prosecution."
One of the women listed in the indictment testified that when Kindley transported her from Alabama to Arizona in 2017, he stopped his van in a deserted area near Little Rock purportedly to allow her to urinate. There, he sexually assaulted her while she was handcuffed, threatened her with a firearm, and reminded her, as he did with other victims, that she was “an inmate in transport” and that no one would believe her if she reported what happened. Another woman listed in the indictment testified that when Kindley transported her in 2014, he stopped his van in a deserted area, also in Arkansas, under the guise of having gotten lost. There, he violently forced her to perform a sex act on him. A third woman testified that during her transport in 2013 from Florida to Texas, Kindley pulled his van over to the side of a dark road, both purportedly to let her urinate and under the guise of having gotten lost. There Kindley sexually assaulted her. A fourth woman testified that during her 2012 transport, from Nevada to California, Kindley stopped his van in a deserted hiking area. There, he forced her to perform a sex act on him in a park bathroom. A fifth woman testified that during her transport in 2013, from California to Montana, Kindley attempted to sexually assault her after he pulled over to the side of the road during a snowstorm. None of the women knew each other, and it was only during the trial that they learned the others existed.
According to court documents, the federal investigation into Kindley’s conduct began in January 2017, when two women, housed together in a small jail in Arizona, reported that Kindley sexually assaulted them during two separate transports. The years-long investigation thereafter uncovered 16 women whom the defendant subjected to some form of sexual misconduct during transport, often culminating in forceful sexual assault. During the sentencing hearing, the United States submitted victim impact statements from 11 women who Kindley transported, and two former domestic partners. The women described the corrosive impact of a person with power shattering their trust in law enforcement with vile words and acts. As one woman summed up, “I’m wary of government officials because of what Eric Kindley had said and [did] during my transport …The offender in this case used his so called ‘position of power’ to cause [me] to endure undue stress, grief, and loss of self-worth.”
Chief U.S. District Judge D. P. Marshall Jr. sentenced Kindley to life in prison plus five years and ordered that the defendant pay a total of $20,275 in restitution to the two victims listed in the indictment for mental health treatment and counseling for trauma.
This case was investigated by the Phoenix Division of the FBI with assistance from FBI field offices throughout the United States. It was prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice, with assistance from the U.S. Attorney’s Offices for the Eastern District of Arkansas and the District of Arizona.
Former Destin Area Man Federally Indicted for Investment Fraud Scheme and Money LaunderingRead the Press Release
PENSACOLA, FLORIDA – John E. Acker, 52, formerly of Santa Rosa Beach, has been charged with 37 counts of wire fraud and 7 counts of money laundering. The indictment was announced today by Jason R. Coody, Acting United States Attorney for the Northern District of Florida, following Acker’s arrest Tuesday night in Lee County, Florida.
The indictment alleges that between 2013 and 2020, Acker solicited and induced numerous individuals and corporations to invest money with him by making various fraudulent misrepresentations, including that the investment was for a real estate or other business-related “deal” with high guaranteed returns. He allegedly told investors the “deal” was for a purchase and sale, or “flip,” of a property or business. Acker is charged with using those funds meant for investments to instead pay for his personal expenses or pay back prior investors whose funds had previously been misused. The indictment also alleges that Acker made other false statements to gain investors’ trust and influence them to invest, such as mischaracterizing or falsifying his relationship with attorneys, business owners, or other prominent members of the community and claiming he had independent wealth from a trust fund. He purportedly used his corporate entities, including Miracle Strip Holdings X LLC, Fujimo Development LLC, and Shipwreck Road LLC, to commit the alleged fraud. Acker is also charged with laundering the proceeds of his investment fraud scheme by making large payments and monetary transfers in excess of $10,000.
Aker’s trial date will be set upon his appearance in the United States District Court in Pensacola.
This case resulted from a joint investigation by the Federal Bureau of Investigation and the Okaloosa County Sheriff’s Office. Assistant United States Attorneys Alicia Forbes and Ryan Love are prosecuting this case.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Former Danbury Resident Sentenced to More than 5 Years in Prison for Fraud and Identity Theft OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that DOMINGO ST. HILAIRE ROSARIO, 57, formerly of Danbury, was sentenced yesterday by U.S. District Judge Vanessa L. Bryant in Hartford to 65 months of imprisonment, followed by four years of supervised release, for fraud and identity theft offenses stemming from his involvement in a scheme to use stolen identities to lease and purchase vehicles and motorcycles.
According to court documents and statements made in court, beginning in late 2017, Rosario, Jamie Pinto and another individual conspired to use stolen identities to obtain vehicles and motorcycles at dealerships in Connecticut, Massachusetts and New Jersey. As part of the scheme, Rosario arranged for a car or motorcycle to be purchased or leased from a dealership in the name of an identity theft victim, and Pinto or another co-conspirator impersonated the identity theft victim at the dealership to complete the paperwork. Rosario supplied his co-conspirators with fraudulent identification documents bearing the victim’s personal identifying information, and with a fraudulent photo identification that contained the identifying information of the victim and a photograph of a co-conspirator. Rosario intended to sell or export the vehicles.
Through this scheme, Rosario and his co-conspirators acquired at least 13 vehicles and attempted to acquire at least two more. Some of the vehicles were recovered by law enforcement and returned to the dealers.
Judge Bryant ordered Rosario to pay $203,873.11 in restitution.
In July 2018, Rosario was stopped by the New Jersey State Police driving a Chevrolet Silverado that had been obtained through the fraud from dealership in Vernon, Connecticut. After that encounter, he fled to the Dominican Republic. On February 28, 2019, a federal grand jury in Hartford returned an indictment charging Rosario. He was extradited from the Dominican Republic in May 2020, and is detained.
On May 10, 2021, Rosario pleaded guilty to one count of conspiracy to commit wire fraud and one count of aggravated identity theft.
On March 20, 2019, Pinto, 44, last residing in Manchester, pleaded guilty to conspiracy, fraud and identity theft offenses. He is detained while awaiting sentencing, which is scheduled for October 27.
This matter has been investigated by the U.S. Postal Inspection Service and Homeland Security Investigations (HSI), with substantial assistance from the Vernon Police Department. The case is being prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and Anastasia E. King.
Former CFO of Boston Grand Prix Pleads Guilty to Fraud and Tax SchemesRead the Press Release
BOSTON – The former Chief Financial Officer (CFO) of the Boston Grand Prix pleaded guilty today in federal court in Boston in connection with multiple schemes to defraud equipment and small business financing companies as well as the Small Business Administration (SBA) and the Internal Revenue Service.
John F. Casey, 57, formerly of Ipswich, pleaded guilty to 23 counts of wire fraud, three counts of aggravated identity theft, four counts of money laundering and three counts of filing false tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 15, 2022. Casey was indicted in September 2020.
Casey became the CFO of the Boston Grand Prix in January 2015. The Boston Grand Prix organization made payments to or on behalf of Casey totaling approximately $308,292 in 2015 and $601,073 in 2016 which Casey failed to include in the gross income he claimed on his personal tax returns for those years.
Casey owned an ice rink in Peabody from October 2013 until he sold it in June 2016. Between October 2014 and October 2016, Casey obtained over $743,000 in funds from equipment financing companies, purportedly for the purchase of equipment for the ice rink, when in fact he no longer owned the rink for four months during this period. In addition, in August 2016, more than two months after he sold the Peabody rink, Casey obtained over $145,000 in small business loans for the rink business. In order to secure the financing, Casey submitted false documents and information including fake invoices for the equipment, bank records purporting to show deposits into Casey’s accounts related to the Peabody rink, inflated personal and corporate tax returns and personal financial statements falsely claiming ownership and value of various assets. Casey also submitted a fake Deed of Sale containing a forged signature in support of one of his loan applications. Relying on Casey’s false statements, the financing companies provided funding to Casey in amounts and on terms they otherwise would not have made. Most of the funds provided by the victim companies were never repaid.
In addition, between March 2020 and at least May 2021, Casey orchestrated a scheme to fraudulently obtain Economic Injury Disaster Loans and Paycheck Protection Program loans from the SBA and a Massachusetts Sector-Specific Relief Grant – available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act – by submitting false applications for companies he created and controlled and improperly using the fraudulently obtained loan and grant funds for personal expenses. Specifically, Casey submitted at least 14 loan applications to the SBA and intermediary lenders which contained false information concerning, among other things, the gross revenues of the companies during the year prior to the COVID-19 pandemic, the average monthly payroll of the companies and the existence of some of the companies.
In January 2021, while awaiting trial for the financing fraud scheme, Casey submitted an application for a $70,000 pandemic-related relief grant to the Massachusetts Growth Capital Corporation containing false information about the operating expenses of a company that was not in business in 2019 or 2020. Between April 2020 and April 2021, approximately $676,552 in COVID-19 relief funds was deposited into bank accounts controlled by Casey, and he used the vast majority of the funds for personal expenses, including a three-carat diamond ring, a six-month membership to Match.com, private school tuition, residential rent payments, living expenses, payments on personal credit card accounts, restaurant meals, car payments and luxury hotel stays.
Casey also pleaded guilty to laundering the proceeds of his fraud schemes and to failing to include the income from the Peabody rink fraud scheme on his 2014, 2015 and 2016 personal federal tax returns.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of aggravated identity theft provides for a consecutive sentence of two years in prison, one year supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. The charge of unlawful monetary transactions provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000 or twice the value of the criminally derived property, whichever is greater. The charge of filing false tax returns provides for a sentence of up to three years in prison, one year of supervised release and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations, made the announcement today. Assistant U.S. Attorney Kristina E. Barclay of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Bank Manager Pleads Guilty to Tax Scheme Targeting Immigrant CommunityRead the Press Release
BOSTON – A former bank manager pleaded guilty today in federal court in Boston to falsely inflating taxpayer’s federal income tax refunds and diverting a portion of those refunds to accounts controlled by him and others.
Christian Zynga, 46, formerly of Everett, pleaded guilty to one count of conspiracy to defraud the United States. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 17, 2022. Zynga was indicted in October 2020 with co-defendant Boris Shadari who has pleaded not guilty and is awaiting trial.
According to the charging documents, from 2012 to 2018, Zynga and, allegedly, Shadari held Shadari out to be a tax professional, particularly for the Congolese community of Greater Boston. It is alleged that until 2017, they took their customers’ tax information to a legitimate tax professional and provided the tax professional with false information concerning their customers’ dependents, dependent and childcare expenses and business income and losses in order to inflate the customers’ federal income tax refunds. They then allegedly caused the refunds to be split between the customers’ bank accounts and accounts they and their co-conspirators controlled.
From 2017 to 2018, Zynga and, allegedly, Shadari prepared customers’ tax returns themselves while continuing to inflate refunds by adding false information to the returns and diverting a portion of the customers’ refunds to themselves or accounts they or their co-conspirators controlled. It is alleged that the scheme resulted in a tax loss of more than $500,000. Among other things, Zynga, who worked as a bank manager, opened bank accounts in others’ names for the purpose of receiving the fraudulent federal income tax refunds. Zynga also provided Shadari with the names and Social Security numbers of children of an associate who was living abroad at the time so that they could be falsely listed as dependents on returns.
The charge of conspiracy to defraud the United States provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Ketty Larco-Ward, Inspector in Charge of the U.S. Postal Inspection Service made the announcement today. Assistant U.S. Attorney Kristen A. Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the indictment are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Five Individuals Charged with Money Laundering in Connection with Alleged Venezuela Bribery SchemeRead the Press Release
Miami, Florida – A federal grand jury in the Southern District of Florida returned an indictment on Oct. 7, which was unsealed today, charging three Colombian nationals and two Venezuelan nationals for their alleged roles in laundering the proceeds of contracts to provide food and medicine to Venezuela that were obtained through bribes.
According to court documents, Alvaro Pulido Vargas, aka German Enrique Rubio Salas, aka Cuchi, 57, of Colombia; Jose Gregorio Vielma-Mora, 55, of Venezuela; Emmanuel Enrique Rubio Gonzalez, 32, of Colombia; Carlos Rolando Lizcano Manrique, 50, of Colombia; and Ana Guillermo Luis, 49, of Venezuela, were charged in an indictment for their alleged roles in laundering the proceeds of a bribery scheme to obtain and retain inflated contracts through the Comité Local de Abastecimiento y Producción (CLAP), a Venezuelan state-owned and state-controlled food and medicine distribution program for the people of Venezuela.
The indictment alleges that beginning in or around July 2015 and continuing until at least 2020, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo conspired with others to launder the proceeds of an illegal bribery scheme from bank accounts located in Antigua, United Arab Emirates, and elsewhere to and through bank accounts in the United States. According to the indictment, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo and others obtained contracts with Venezuelan governmental entities to import and distribute boxes of food and medicine in Venezuela through CLAP by paying bribes to Venezuelan government officials, including Vielma-Mora. The defendants and their co-conspirators knowingly inflated the costs of the contracts to pay the bribes and unjustly enrich themselves. The indictment also alleges that co-conspirators directed funds to be transferred to promote the bribery scheme while in the United States, and wired money related to the scheme to bank accounts in the Southern District of Florida. As a result of the scheme, Pulido, Vielma-Mora, Rubio, Lizcano, Guillermo, and their co-conspirators allegedly received approximately $1.6 billion from the Republic of Venezuela, and transferred approximately $180 million through or to the United States.
The defendants are each charged in a five-count indictment with one count of conspiracy to commit money laundering and four counts of money laundering. If convicted, they each face a maximum total penalty of 100 years 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 Juan Antonio Gonzalez for the Southern District of Florida, Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, and Acting Special Agent in Charge La Verne J. Hibbert of the DEA Miami Field Office made the announcement.
This case was investigated by DEA Miami with assistance from the FBI’s Miami Field Office and Homeland Security Investigation’s Miami Field Office.
Assistant U.S. Attorney Kurt K. Lunkenheimer of the Southern District of Florida and Trial Attorney Alexander J. Kramer of the Criminal Division’s Fraud Section are prosecuting the case.
To see indictment, click here: /media/1173176/dl?inline.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This prosecution is a result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the highest-level drug traffickers, money launderers, and other priority transnational criminal organizations that threaten the citizens of the United States using a prosecutor-led, intelligence driven, multi-agency approach to combat transnational organized crime. The OCDETF program facilitates complex, joint operations by focusing its partner agencies on priority targets, by managing and coordinating multi-agency efforts, and by leveraging intelligence across multiple investigative platforms.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-20509.
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Five Individuals Charged with Money Laundering in Connection with Alleged Venezuela Bribery SchemeRead the Press Release
A federal grand jury in the Southern District of Florida returned an indictment on Oct. 7, which was unsealed today, charging three Colombian nationals and two Venezuelan nationals for their alleged roles in laundering the proceeds of contracts to provide food and medicine to Venezuela that were obtained through bribes.
According to court documents, Alvaro Pulido Vargas, aka German Enrique Rubio Salas, aka Cuchi, 57, of Colombia; Jose Gregorio Vielma-Mora, 55, of Venezuela; Emmanuel Enrique Rubio Gonzalez, 32, of Colombia; Carlos Rolando Lizcano Manrique, 50, of Colombia; and Ana Guillermo Luis, 49, of Venezuela, were charged in an indictment for their alleged roles in laundering the proceeds of a bribery scheme to obtain and retain inflated contracts through the Comité Local de Abastecimiento y Producción (CLAP), a Venezuelan state-owned and state-controlled food and medicine distribution program for the people of Venezuela.
The indictment alleges that beginning in or around July 2015 and continuing until at least 2020, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo conspired with others to launder the proceeds of an illegal bribery scheme from bank accounts located in Antigua, United Arab Emirates, and elsewhere to and through bank accounts in the United States. According to the indictment, Pulido, Vielma-Mora, Rubio, Lizcano, and Guillermo and others obtained contracts with Venezuelan governmental entities to import and distribute boxes of food and medicine in Venezuela through CLAP by paying bribes to Venezuelan government officials, including Vielma-Mora. The defendants and their co-conspirators knowingly inflated the costs of the contracts to pay the bribes and unjustly enrich themselves. The indictment also alleges that co-conspirators directed funds to be transferred to promote the bribery scheme while in the United States, and wired money related to the scheme to bank accounts in the Southern District of Florida. As a result of the scheme, Pulido, Vielma-Mora, Rubio, Lizcano, Guillermo, and their co-conspirators allegedly received approximately $1.6 billion from the Republic of Venezuela, and transferred approximately $180 million through or to the United States.
The defendants are each charged in a five-count indictment with one count of conspiracy to commit money laundering and four counts of money laundering. If convicted, they each face a maximum total penalty of 100 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division, Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida, and Acting Special Agent in Charge La Verne J. Hibbert of the DEA Miami Field Office made the announcement.
This case was investigated by DEA Miami with assistance from the FBI’s Miami Field Office and Homeland Security Investigation’s Miami Field Office.
Trial Attorney Alexander J. Kramer of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kurt K. Lunkenheimer of the Southern District of Florida are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fitchburg Man Sentenced to 8 Years for Possessing Methamphetamine for DistributionRead the Press Release
Madison, Wis. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Justin Miner, 37, Fitchburg, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 8 years in federal prison for possessing methamphetamine with intent to distribute. Miner pleaded guilty to this charge on August 4, 2021.
Law enforcement agents learned that Miner was distributing heroin and methamphetamine in the Madison area and arranged to purchase methamphetamine from him on October 20, 2020. When agents arrested Miner several days later, they located a variety of drugs on his person, including methamphetamine, heroin, crack cocaine, and ecstasy pills. Upon searching his residence, agents located more methamphetamine, marijuana, scales and packaging material, thousands of dollars, a firearm, and multiple rounds of ammunition.
During a post-arrest interview, Miner admitted to selling methamphetamine and heroin and explained that he possessed the gun because he owed a drug debt to a Chicago drug source that had threatened his family. Miner also admitted to being a gang member from Chicago.
During sentencing, Judge Conley described Miner’s lengthy criminal history, which included property crimes, crimes against people, drug crimes, and a prior conviction for possessing a firearm as a felon. Miner was also on active supervision for drug distribution at the time of his arrest.
The charges against Miner were a result of an investigation conducted by the Madison Police Department and the Dane County Narcotics Task Force. Assistant U.S. Attorney Diane Schlipper handled the prosecution.
Fentanyl Dealer Found GuiltyRead the Press Release
Orlando, FL – A federal jury today found Davel Theodore Spady (35, Palm Bay) guilty of three counts of distribution of fentanyl and one count of possession with the intent to distribute 40 grams or more of fentanyl. For each of the distribution counts, Spady faces up to 20 years in federal prison. He faces a minimum mandatory of 5 years, and up to 40 years’ imprisonment, for the possession with the intent to distribute offense.
Spady had been indicted on May 5, 2021.
According to evidence presented at trial, between February 18 and March 19, 2021, Spady sold fentanyl to a confidential source (CS) on three occasions from inside his vehicle in a parking lot. During one of the controlled purchases, Spady provided the fentanyl to the CS concealed inside a box of rice.
On April 14, 2021, the Florida Highway Patrol (FHP) conducted a traffic stop of Spady’s vehicle as he was on his way to deliver 2 ounces of fentanyl to the CS. Later, during a search of Spady’s vehicle, FHP located a box of rice in the trunk with fentanyl concealed inside, similar to that provided during the previous controlled purchase.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the West Melbourne Police Department, and the Florida Highway Patrol. It is being prosecuted by Assistant United States Attorneys Beatriz Gonzalez and Ranganath Manthripragada.
Federal Jury Finds Cedar Park Man Guilty After Attempting to Make a Molotov CocktailRead the Press Release
AUSTIN – Today a federal jury convicted a Cedar Park man after he tried to make a Molotov cocktail during an evening protest in Austin on May 30, 2020.
According to court documents and evidence presented at trial, Cyril Lartigue, 27, was caught on videotape manufacturing a destructive device while in a parking lot directly adjacent to the Austin Municipal Court entrance. While making the device, Lartigue was interrupted by the oncoming presence of Austin Police Department (APD) officers heading in his direction. Lartigue fled the area, leaving the device behind, but returned within minutes to retrieve it. APD officers then arrested him inside a nearby portable toilet where he had changed clothes. Inside his backpack, officers recovered materials used to manufacture an explosive device including beer bottles, a bottle containing lighter fluid, cloth rags, a butane lighter and the clothes he was previously wearing.
Lartigue is scheduled to be sentenced on February 4, 2022. He faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Fred J. Milanowski, Houston Division, made the announcement.
The ATF, Austin Police Department, Austin Fire Department, and the Texas Department of Public Safety investigated this matter. Assistant U.S. Attorneys Keith Henneke and Gabe Cohen are prosecuting this case on behalf of the government.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Elizabeth City Felon Sentenced to More Than 5 Years for Possessing Firearm After Domestic Disturbance CallRead the Press Release
RALEIGH, N.C. – Jaylen Nashawn Spivey, of Elizabeth City, was sentenced today to 64 months in prison for possession of a firearm by a felon. On April 28, 2021, Spivey pled guilty to the charge.
According to court documents and statements made during hearings, on the afternoon of Thursday, September 17, 2020, the Elizabeth City Police Department responded to a 911 call for a domestic disturbance. The caller reported that a man had been yelling at a woman and was leaving the scene in a white Dodge Charger. As officers arrived, the caller advised that the suspect was at the end of the adjacent street.
An officer went to that location and found the defendant Jaylen Spivey sitting alone in the driver’s seat of a car. Officers approached to ask Spivey about the situation, and when Spivey rolled down his car window, they could smell marijuana. They noted that Spivey’s clothing matched what the 911 caller had described.
After detaining Spivey, the officers searched the car. They recovered a scale and amounts of heroin and marijuana. On the driver’s side floorboard, partially covered with clothing, officers found a black Ruger 9mm handgun. In a later interview, Spivey admitted he had purchased the Ruger a couple months before his arrest for his own protection while selling drugs. Spivey, who has a prior felony conviction for heroin, is a known associate of the Elizabeth City G-Shine Bloods street gang.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Terrence W. Boyle. The Elizabeth City Police Department and Federal Bureau of Investigation (FBI) conducted the investigation. Assistant U.S. Attorney Jake D. Pugh prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 2:20-cr-0044-BO.
Eagle Pass Man Sentenced in Fatal Human Smuggling AttemptRead the Press Release
DEL RIO – An Eagle Pass man was sentenced to 360 months in prison today for transporting undocumented noncitizens that resulted in five deaths.
According to court documents, Jorge Luis Monsivais Jr., 23, was the driver of a Suburban traveling on FM 2644, carrying 13 undocumented noncitizens when Border Patrol attempted to stop the vehicle. Monsivais tried to evade law enforcement and eventually crashed the vehicle on Highway 85 outside of Big Wells, ejecting some of the occupants from the vehicle. Four people died at the scene and another person passed away en route to the hospital. Other occupants sustained broken necks, hips, and severe head trauma.
“The deadly outcome in this case is heartbreaking,” said U.S. Attorney Ashley C. Hoff. “Three hundred and sixty months in prison sends a clear message that those who make their living by unlawfully transporting undocumented noncitizens in the U.S. will be held accountable. Smuggling people is exceedingly dangerous for all involved and for our communities in which these operations are taking place. Our office will continue to work with our law enforcement partners to identify and aggressively prosecute human smugglers.”
“The tragic loss of life in this case is an example of the very real risks people face when they put their lives in the hands of smugglers,” said Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio. “Those responsible for illegally moving people through our country place personal profit ahead of public safety. Driven by greed, these criminals have little regard for the health and well-being of their human cargo, which can be a deadly combination.”
On May 11, 2021, Monsivais pleaded guilty to one count of conspiracy to transport illegal aliens resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; one count of conspiracy to harbor illegal aliens; one count of illegal alien transportation resulting in death; and one count of illegal alien transportation resulting in serious bodily injury.
HSI investigated the case.
Assistant U.S. Attorney Amy Hail prosecuted the case.
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Eagle Butte Woman Indicted for Assaulting Federal OfficersRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Toni Carole Cochran, age 26, was indicted on October 13, 2021. She appeared before U.S. Magistrate Judge Mark A. Moreno on October 19, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody 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 January 21, 2021, in Eagle Butte, Cochran assaulted and resisted an officer by using her vehicle as a dangerous weapon and, following arrest, spat on another officer while both officers were engaged in the performance of their official duties.
The charge is merely an accusation and Cochran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Carl Thunem is prosecuting the case.
Cochran was released on bond pending trial. A trial date of December 14, 2021, has been set.