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Wednesday 25 August 2021
Restaurant Owner, Managers Among 19 Charged in RICO IndictmentRead the Press Release
KANSAS CITY, Mo. – The owner of dozens of Mexican restaurants in several states, along with the company’s president, CFO, controller and sales manager are among 19 defendants charged in a federal racketeering conspiracy to hire undocumented workers. Also among those charged are eight current or former managers of restaurants located in Butler, Springfield, Lebanon, West Plains, Willow Springs and St. Robert in Missouri; and in Overland Park, Great Bend and Augustus in Kansas.
Homeland Security Investigations (HSI) agents, with the assistance of numerous local, states, and federal agencies, executed a series of search warrants today at 10 locations in Missouri, Kansas and Oklahoma. Federal agents have so far arrested 14 of the 19 defendants.
Jose Luis Bravo, 51, a naturalized U.S. citizen, of Claremore, Oklahoma; Jose Guadalupe Razo, 51, a naturalized U.S. citizen, of Carl Junction, Mo.; Anthony Edward Doll, 43, a citizen of Guatemala, and Miguel Tarin-Martinez, 42, a naturalized U.S. citizen, both of Joplin, Mo.; Antonio Martinez-Munoz, 44, a naturalized U.S. citizen, of Broken Arrow, Okla.; Eusebio Ramirez-Ceja, 50, a citizen of Mexico residing in Mountain Home, Arkansas; Oscar Adrian Molina-Angulo, 38, a citizen of Mexico residing in Butler, Mo.; Rodrigo Manrique Razo, 38, a naturalized U.S. citizen, of Great Bend, Kan.; Alejandro Castillo-Ramirez, 39, a citizen of Mexico residing in Augusta, Kan.; Juan Carlos Palma-Cedeno, 36, a citizen of Mexico residing in Claremore, Okla.; Ramon Moreno-Hernandez, 39, a citizen of Mexico residing in Nevada, Mo.; Jose Luis Lopez-Valadez, 41, a naturalized U.S. citizen, of West Plains, Mo.; Lorenzo Castro-Manzanarez, 39, a citizen of Mexico residing in St. Robert, Mo.; Jaime Ramirez-Ceja, 42, a citizen of Mexico residing in Lebanon, Mo.; Jose Luis Rodriguez-Valerio, 57, a naturalized U.S. citizen, of Tulsa, Okla.; Veronica Razo De Lara, 46, a naturalized U.S. citizen, of Great Bend, Kan.; Edgar Perez-Perez, a citizen of Guatemala residing in Chattanooga, Tennessee; Bernardo Rivas-Gomez, 48, a citizen of Guatemala residing in Elizabeth City, North Carolina; and Daniel Rivas-Carrillo, 23, a citizen of Guatemala residing in Elizabeth City, N.C.; were charged in a 64-count indictment returned under seal by a federal grand jury in Kansas City, Mo., on Aug. 10, 2021. That indictment was unsealed and made public today upon the arrests and initial court appearances of the defendants.
The federal indictment alleges that 17 of the 19 co-defendants were part of an organized criminal enterprise from July 2003 to Aug. 10, 2021, that smuggled Mexican, Guatemalan, and El Salvadoran nationals who were not authorized to live or work in the United States. Conspirators allegedly harbored them in Missouri, Kansas, Arkansas and Oklahoma. Bravo, Doll, Tarin-Martinez and Jose Razo created a network of restaurants operating as LLCs in states throughout the Midwest. Bravo and his co-conspirators allegedly supplied these restaurants with undocumented workers to staff positions at the restaurants. According to the indictment, conspirators did not pay the appropriate state and federal payroll taxes, overtime wages, and worker's compensation for the unauthorized employees.
In addition to smuggling and harboring undocumented workers, the indictment alleges the racketeering activity included fraud (in connection with identification documents), fraud and misuse of visas and other documents, and money laundering. Members and associates of the criminal enterprise shielded unauthorized employees from detection by immigration authorities by eliminating records of their employment, paying them by personal check and in cash, failing to maintain complete and accurate Forms I-9 and required wage and hour reports for these employees, assisting them with the acquisition of false identification documents (such as Social Security numbers and alien resident documents), and making false statements to immigration authorities and law enforcement officials.
Bravo, identified in the indictment as the leader of the enterprise, is the owner of Specialty Food Distribution in Joplin. Bravo is also the owner of a group of restaurants registered as Bravos Group, LLC, including El Charro, El Charrito, Playa Azul, Itza, LLC, Cantina Bravo, and El Chango.
Specialty Food Distribution is a wholesale distributor of food, supplies, and equipment to restaurants throughout the Midwest. Specialty Food Distribution also provides administrative and accounting support to restaurants in the areas of payroll. insurance, licensing, taxes, and legal services. Several restaurants serviced by Specialty Food Distribution allegedly employed aliens who were unauthorized to work in the United States.
According to the indictment, 31 limited liability companies (LLCs) operated 45 Mexican restaurants in multiple states and at least an additional 11 companies were involved in restaurant supply and logistics, real estate and construction. These 45 restaurants received goods and services from Specialty Food Distribution and another company, Intel Solutions, LLC. After federal inspections occurred at restaurants affiliated with conspirators, the indictment says, they formed Intel Solutions to assume those administrative duties, in name only, as a way to conceal and minimize the level of involvement in the inspected restaurants by members and associates of the criminal enterprise. Intel Solutions later changed its name to Entel Solutions, LLC.
According to the indictment, Bravo supplied unauthorized alien workers to managers at restaurants in which he had a financial interest. Bravo arranged to have undocumented workers smuggled into the United States to work at these restaurants and other businesses, the indictment says. Bravo allegedly assisted these aliens with obtaining fraudulent documents that would allow them to work in the United States. He allegedly helped secure transportation and lodging for them en route to restaurants where they were to work.
Jose Razo is the president of Specialty Food Distribution. Razo allegedly employed unauthorized workers at Specialty Foods Distribution as salesmen and warehouse workers, and directed other employees to limit these workers’ exposure to potential immigration inspections. Jose Razo also allegedly counseled restaurant managers on how to manage, document, and compensate unauthorized workers in ways that would minimize their detection by immigration officials.
Doll is the chief financial officer of Specialty Food Distribution. Tarin-Martinez is employed as controller of Specialty Food Distribution. Martinez-Munoz is employed as a sales manager of Specialty Food Distribution.
Ramirez-Ceja is a manager of several El Charro Restaurants in Arkansas and Missouri, as well as some Playa Azul restaurants in Kansas. Molina-Angulo is the manager of the El Charro Restaurant in Butler. Castillo-Ramirez is the manager of El Charro Restaurant in Augustus. Lopez-Valadez is the manager of Cantina Bravo in St. Robert and the El Charro Restaurants in West Plains. Castro-Manzanarez is the manager at Cantina Bravo in St. Robert. Ramirez-Ceja is the manager of the El Charro Restaurant in Springfield and in Lebanon. Rodriguez-Valerio was until recently manager of Bravos Mexican Grill in Overland Park. Razo De Lara is the manager of Maria’s Mexican Grill in Great Bend.
According to the federal indictment, the investigation began when the Kansas Department of Labor contacted Homeland Security Investigations (HSI) regarding allegations that unauthorized aliens were employed at the Bravos Mexican Grill in Overland Park. When HSI announced a Form I-9 inspection on July 16, 2018, agents discovered that 14 of the 17 Bravos employees whose I-9 forms had been inspected were ineligible to work. During another inspection of Bravos on Feb. 28, 2019, agents identified eight unauthorized aliens working there. Five of those employees had been identified previously as ineligible to work.
On June 7, 2019, HSI inspected 10 restaurants in Missouri, Kansas, and Oklahoma. Those restaurants operated under LLCs, doing business as El Charro (Claremore, Butler and Springfield), Playa Azul (Great Bend, Pratt, Kan., and Wichita, Kan.), Iguana Azul (Nevada, Mo.), Los Sauces (Nevada, Mo.), and La Paloma (Springfield). All of them were found to have employed unauthorized workers. Approximately 68 percent of the employees audited at the restaurants were not authorized to work in the United States.
On Sept. 13, 2019, HSI agents inspected restaurants in Missouri and Kansas that were affiliated with the defendants. Those restaurants operated under LLCs doing business as Cantina Bravo (St. Robert), Cantina Bravo Grille (Webb City, Mo.), El Charro (Neosho, Mo., Marshfield, Mo., West Plains, Joplin, and Pittsburg, Kansas), Maria's Mexican Grill (Great Bend), and Playa Azul (Augusta). All of the restaurants were found to have employed unauthorized employees.
All of the defendants, with the exception of Rivas-Gomez and Rivas-Carrillo, are charged with participating in the racketeering conspiracy. Rivas-Gomez and Rivas-Carrillo are each charged with one count of the use of an unlawfully obtained document and one count of the false representation of a Social Security number.
In addition to the RICO conspiracy, defendants are charged in various counts of transporting illegal aliens, hiring illegal aliens, continuing employment of an unauthorized alien, use of unlawfully obtained documents, false attestations, false representations of Social Security numbers, and the unlawful production and transfer of identification documents.
Bravo, Molina-Angulo and Palma-Cedeno are also charged with participating in a conspiracy to commit identification document fraud.
Bravo, Moreno-Hernandez, Castro-Manzanarez, and Perez-Perez are also charged with participating in a conspiracy to transport aliens.
Bravo, Doll, Razo, Tarin-Martinez, and Lopez-Valadez are also charged with participating in a money-laundering conspiracy and in various counts of money laundering.
The indictment also contains forfeiture allegations against several defendants, which would require them to forfeit to the government the funds contained in several bank accounts as well as real estate located in Great Bend, Pittsburg, and Augusta in Kansas; Butler, Joplin, and West Plains in Missouri; and Claremore, Okmulgee, Muskogee, Enid, and Tahlequah in Oklahoma.
The charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Rudolph R. Rhodes IV. It was investigated by Homeland Security Investigations and IRS-Criminal Investigations.
Raleigh Man Sentenced for Bank Fraud and Identity TheftRead the Press Release
NEW BERN, N.C. – A Raleigh man was sentenced today to 36 months and 1 day in prison for bank fraud and aggravated identity theft. He was also ordered to pay restitution in the amount of $158,866.00. On September 17, 2020, Oris Eugene Ford pled guilty to the charges.
According to court documents and other information presented in court, from October 2013 to March 2016, Ford, 42, and others executed bank fraud schemes involving the use of stolen identities to open new bank and credit card accounts, or to take over existing accounts, and then make fraudulent purchases or cash withdrawal from those accounts.
The first scheme involved the use of stolen Personally Identifiable Information (PII) to apply for new credit card accounts with Citibank. Credit cards were issued in the names of the actual victims, but with Ford listed as an authorized user. A similar scheme perpetrated against Discover involved account takeover fraud. Ford or unidentified conspirators gained access to existing credit card accounts using stolen PII and passcodes stolen from actual accountholders. Once access was gained, the address and contact information for the accountholder was changed, and Ford’s name was added as an authorized user. Common to both schemes was the submission of requests for the issuance of new or replacement credit cards, which were mailed to Ford. The cards were then used to purchase thousands of dollars of merchandise from Walmart, Best Buy, and other retail stores.
From 2013 to 2016, at least 80 attempted account takeovers resulted in the issuance of 50 fraudulent cards, resulting in financial losses of at least $145,129.02. Eight attempts to open new accounts were identified, three of which were successful, resulting in a loss of at least $10,736.98.
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 Louise W. Flanagan. The United States Postal Inspection Service and the Raleigh Police Department investigated the case and Assistant U.S. Attorney Toby Lathan 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. 18-CR-00169-FL.
Presque Isle Woman Pleads Guilty to Passing Counterfeit MoneyRead the Press Release
BANGOR, Maine: A Presque Isle woman pleaded guilty today in federal court to passing counterfeit money, Acting U.S. Attorney Donald E. Clark announced.
According to court records, on July 23, 2018, Jessica Jones, 32, used a counterfeit $20 bill at both a Domino’s restaurant and a McDonald’s restaurant in Presque Isle. Jones later stated that she had received the counterfeit money from an individual who was trading counterfeit bills for drugs.
Jones faces up to 20 years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Presque Isle Police Department and the U.S. Secret Service investigated the case.
Pittsburgh Man Charged with Child Sexual Exploitation OffensesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of Attempted Coercion and Enticement of a Minor, Distribution and Attempted Distribution of Material Depicting the Sexual Exploitation of a Minor, and Possession of Material Depicting the Sexual Exploitation of a Minor, Acting United States Attorney Stephen R. Kaufman announced today.
The four-count Indictment named Wayne Edward McNutt, age 56, as the sole defendant.
According to the Indictment, from February 25, 2021 until July 26, 2021, McNutt used the Internet and a cellular telephone to knowingly attempt to persuade, induce, entice, and coerce an individual who had not attained the age of 18 years to engage in sexual activity. The Indictment further alleges that on March 11, 2021 and March 16, 2021, McNutt knowingly distributed images and video files that depicted minors engaging in sexually explicit conduct. The Indictment also alleges that on July 26, 2021, McNutt knowingly possessed depictions of minors engaging in sexually explicit conduct in computer images and video files.
The law provides for a maximum total sentence of not less than 15 years and not more than life in prison, a fine of $1,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Heidi M. Grogan is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the FBI Pittsburgh Child Exploitation and Human Trafficking Task Force, the FBI Albany Mid-State Child Exploitation Task Force, and the FBI Albany Child Exploitation and Human Trafficking Task Force conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Owatonna Man Pleads Guilty to Possessing Unregistered FirearmRead the Press Release
MINNEAPOLIS – An Owatonna man pleaded guilty today to possession of an unregistered firearm, announced Acting United States Attorney W. Anders Folk.
According to court documents, the Olmsted County Sheriff’s Office received information that Dayton Charles Sauke, 22, was selling narcotics and manufacturing and dealing firearms without a license. Law enforcement agents monitored Sauke’s Snapchat account where he made numerous posts consistent with manufacturing and dealing firearms without a license. Sauke also posted pictures of a short-barreled shotgun and made several threatening posts about killing law enforcement and politicians. On January 15, 2021, two undercover agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) met with Sauke and purchased from him a privately made firearm. During the meeting, Sauke had a short-barreled shotgun with him and showed it to the undercover agents. The short-barreled shotgun was later recovered by law enforcement officials and examined by an ATF expert, who determined it was an operable 12-gauge shotgun with a barrel length of approximately 11 inches and a total overall length of 18 inches. Federal law requires shotguns with reduced barrels and overall lengths (often referred to as “sawed-off” or “short-barreled” shotguns) to be registered in the National Firearms Registration and Transfer Record. The shotgun was not registered to Sauke.
This case is the result of an investigation conducted by the ATF, FBI, U.S. Postal Inspection Service, the Olmsted County Sheriff’s Office, the South Central Drug Investigations Unit, and the Cannon River Drug Task Force.
Assistant U.S. Attorney Justin A. Wesley is prosecuting the case.
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Ottumwa Man Sentenced to 332 Months in Prison on Gun and Drug ChargesRead the Press Release
DAVENPORT, IOWA – On August 24, 2021, United States District Court Judge Stephanie M. Rose sentenced Clinton Andrew Wynn, age 43, of Ottumwa, to 332 months in prison on gun and drug charges.
According to court documents, Wynn previously pleaded guilty to Possession with Intent to Distribute Methamphetamine and Carrying a Firearm During and in Relation to a Drug Trafficking Crime.
These charges arose from a traffic stop of Wynn in Fairfield on October 3, 2020, where Wynn was found in possession of 33 pounds of ice methamphetamine, a gun, and $11,541 cash. Wynn admitted he had been involved in importing and distributing ice methamphetamine in Southeastern Iowa. When officers in Ottumwa subsequently arrested Wynn on his federal warrant, Wynn struck multiple police vehicles.
Wynn has prior criminal convictions for assault, domestic abuse assault, assault while displaying a dangerous weapon, burglary, harassment, arson, violations of no contact orders, and OWI. At the time of this offense, Wynn was under criminal justice supervision for two felony drug offenses, a harassment first degree charge, and a charge for assault while displaying a dangerous weapon.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Drug Enforcement Administration, Iowa Division of Narcotics Enforcement, Jefferson County Sherriff’s Office, Fairfield Police Department, Southeast Iowa Inter-Agency Drug Task Force, South Central Iowa Drug Task Force, Southeast Iowa Narcotics Task Force, South Iowa Drug Task Force, Centerville Police Department, Appanoose County Sheriff’s Office, Ottumwa Police Department, and Wapello County Sheriff’s Office. This case was prosecuted by the United States Attorney’s Office, in conjunction with the Jefferson County Attorney’s Office.
This case is part of Project Safe Neighborhood, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Operation False Haven: Convicted Kidnapper and Child Molester Sentenced for Naturalization Fraud and Criminally DenaturalizedRead the Press Release
RALEIGH, N.C. – The United States Attorney’s Office for the Eastern District of North Carolina announced that today, in federal court, Zaw Lin Lay, age 43, a naturalized citizen of the United States, born in Burma, residing in Craven County, was sentenced by United States District Judge Terrence W. Boyle to 7 months imprisonment followed by 1 year of supervised release following a guilty plea to naturalization fraud. Moreover, Lay was criminally denaturalized as a United States citizen.
According to court records, on February 17, 2017, Lay fraudulently obtained U.S. citizenship by making a false statement under oath regarding his naturalization application. In response to the question “Have you ever committed, assisted in committing, or attempted to commit, a crime or offense for which you were not arrested?” he answered “No.”
On July 17, 2018, in the Superior Court of North Carolina in Craven County, Lay was convicted of six counts of indecent liberties with a child and one count of kidnapping. Lay received an aggravated sentence of more than 16 years because the offences were committed over an extended period between October 1, 2016, and February 17, 2017, while Lay was in a position of trust with the victim. Lay was not arrested until after he naturalized, thus immigration officials were unaware of his crimes.
“Lying is never a good thing but lying on an official document about not committing horrific, when you know you did, crimes is a surefire way to get yourself in serious trouble. This defendant is now seeing the consequences of his actions,” said Special Agent in Charge Special Agent in Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina and South Carolina. “Whether it is protecting the integrity of our immigration system or finding and arresting predators, HSI adeptly handles multiple missions to protect this nation.”
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement. Agents with ICE’s Enforcement and Removal Operations and Homeland Security Investigations, assigned to the Document Benefit Fraud Task Force, investigated the case as part of Operation False Haven, an ongoing initiative purpose-built to aggressively identify and prosecute child molesters and other egregious felons who fraudulently obtained U.S. citizenship.
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. 4:20-cr-00028-1BO(4).
Newark Man Sentenced to 30 Years in Prison for Armed Jewelry Heist in Elizabeth, New JerseyRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 360 months in prison for his role in the September 2017 armed robbery of a jewelry exchange in Elizabeth, New Jersey, Acting U.S. Attorney Rachael Honig announced.
William Valentin, 43, was previously found guilty of one count of conspiring to commit Hobbs Act robbery, one count of Hobbs Act robbery, one count of brandishing a firearm during a crime of violence, and one count of conspiring to use a firearm during a crime of violence. Valentin was convicted following a six-day trial before U.S. District Judge Madeline Cox Arleo, who imposed the sentence today in Newark federal court.
According to documents filed in this case and the evidence at trial:
On the morning of Sept. 5, 2017, four masked individuals, led by Valentin, entered a jewelry exchange located in Elizabeth. Valentin brandished a firearm at an employee while the other conspirators unloaded the contents of the store’s safes into large bags. Video surveillance showed Valentin and other conspirators entering the mall, approaching the jewelry exchange, and running out with the bags of jewelry. Afterwards, Valentin and his conspirators drove away in a black Audi. In January 2018, Valentin was arrested in Holyoke, Massachusetts, with a backpack containing jewelry stolen from the Elizabeth exchange in his possession.
In addition to the prison term, Judge Arleo sentenced Valentin to five years of supervised release.
Acting U.S. Attorney Rachael A. Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr., in Newark; the Elizabeth Police Department, under the direction of Chief Giacomo Sacca; and the Union County Prosecutor’s Office, under the direction of Prosecutor William A. Daniel, with the investigation. She also thanked the Holyoke Police Department, under the direction of Chief Manny Febo, for its assistance in the case.
The government is represented by Assistant U.S. Attorneys Lauren E. Repole and Cari Fais of the U.S. Attorney’s Office in Newark.
New York man pleads guilty to unlawfully dealing more than 100 firearmsRead the Press Release
ATLANTA - Randolph Anthony Scott, Jr., a prolific gun dealer, has pleaded guilty to charges of unlawfully dealing firearms, making a false statement to a federally licensed firearms dealer, and interstate travel and purchase of firearms with intent to deal without a license.
“Unlicensed firearm dealers put the public at risk each time they sell a firearm to a potential criminal,” said Acting U.S. Attorney Kurt R. Erskine. “Removing guns from the hands of criminals remains a top priority as we continue to focus on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime.”
“Mr. Scott’s criminal actions are one of the main avenues used by prohibited individuals to acquire firearms. By Mr. Scott not being a licensed firearms dealer and using proper background checking procedures, he could have put guns in the hands of potential criminals,” said L.C. Cheeks Jr., ATF Atlanta Acting Special Agent in Charge. “ATF will continue to focus its attention on individuals that will unlawfully acquire and sell firearms.”
According to Acting U.S. Attorney Erskine, the charges and other information presented in court: From May 2019 until March 2020, Scott purchased over 100 firearms from federally licensed firearms dealers in Georgia. Scott traveled from New York to Georgia multiple times to purchase large quantities of firearms that he would then unlawfully sell to others. Each time he purchased a firearm, he filled out an Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473 and falsely indicated that he was the actual buyer of the firearm. Scott then sold the firearms on the streets of New York, where he was able to sell the guns for double what he had paid.
Sentencing for Randolph Anthony Scott, Jr., 36, of Bronx, New York, is scheduled for December 17, 2021, at 10:00 a.m. before U.S. District Judge Steven D. Grimberg.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Erin N. Spritzer is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
New York Man Sentenced to 3 Years in Federal Prison for Hate Crime OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that CHRISTOPHER RASCOLL, 49, of Blauvelt, New York, was sentenced today by U.S. District Judge Kari A. Dooley in Bridgeport to 36 months of imprisonment, followed by three years of supervised release, for making anti-Semitic death threats to a Jewish resident of Stratford, Connecticut.
According to court documents and statements made in court, in November 2019, Rascoll began to threaten a woman, who is Jewish, through numerous text messages, voicemails and Facebook posts. In several text messages and voicemails, which continued until June 2020, Rascoll threatened to murder or seriously injure the victim. He also threatened to blow up the victim’s house and car. Some of Rascoll’s threatening text messages contained anti-Semitic references to the Holocaust.
On December 23, 2019, the first day of Hannukah, Rascoll sent the victim a message that included the words “Suns about to go down. It would be a shame if your house were used to light the menorah. Or turned in a gas chamber.” On April 8, 2020, the first day of Passover, Rascoll wrote “I’m going to kill you. You better be gone because if you’re in [the victim’s housing community] Easter weekend I’m going to stick you in an oven. Or I’m going to shoot you . . . . I should send you to a concentration camp.”
On June 26, 2020, only a few hours before he was located and arrested by the FBI, Rascoll left the victim a voicemail message stating, “The police are not going to help you. The courts are not going to help you. . . . I will kill you.”
The FBI’s investigation also identified several other individuals who had been threatened and harassed by Rascoll.
“For seven months, this defendant’s hate-fueled threats made the victim in fear for her life, and she continues to suffer lingering effects of his vicious behavior,” said Acting U.S. Attorney Boyle. “In addition to protecting the victim, this sentence sends an appropriate message that these crimes cannot be tolerated and will result in a lengthy prison term.”
“The courts have spoken very clearly: Hate crimes will not be tolerated and the consequences will be significant.” said FBI Special Agent in Charge Sundberg. “We at the FBI, alongside our law enforcement partners, will continue to address threats based on race, religion, nationality or gender in order to end crimes of hate in our communities.”
Judge Dooley ordered Rascoll to serve the first three months of his supervised release in a residential reentry center.
Rascoll has been detained since his arrest on June 26, 2020. On April 27, 2021, he pleaded guilty to one count of interference with the right to fair housing, a hate crime, and one count of sending threatening communications.
This matter was investigated by the Federal Bureau of Investigation with assistance from the Stratford Police Department. The case was prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and Amanda S. Oakes.
New Orleans Man Sentenced to 46 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that TORREL KNOX (“KNOX”), age 28, of New Orleans, Louisiana was sentenced to imprisonment on August 19, 2021 by U.S. District Court Judge Eldon E. Fallon for charges relating to being a felon in possession of a firearm.
KNOX pled guilty on December 19, 2019, to being a felon in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(1). The conviction related to an encounter with the United States Marshals Fugitive Task Force. On September 27, 2018, law enforcement encountered KNOX and discovered a Glock Model 19 handgun with an extended magazine containing 32 live hollow point bullets in his waistband. KNOX had previously been convicted of Aggravated Battery in state court.
Judge Eldon E. Fallon sentenced KNOX to 46 months in the Bureau of Prisons, to be followed by a term of supervised release for three years and a mandatory $100 assessment.
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.
The U.S. Attorney’s Office praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The prosecution of the case was conducted by Assistant U.S. Attorney Kathryn McHugh.
New Jersey Man Arrested for Unemployment Fraud Related to COVID-19 PandemicRead the Press Release
BOSTON – A New Jersey man was arrested today in connection with his alleged involvement in a scheme to fraudulently obtain COVID-19-related unemployment assistance.
Omar Thompson, 39, of Paterson, N.J., was charged with one count of wire fraud. Thompson made an initial appearance in federal court in the District of New Jersey today and was released on conditions. He will appear in federal court in Boston at a later date.
In March 2020, in response to the global COVID-19 pandemic, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA), which in Massachusetts is administered by the Department of Unemployment Assistance. This program provides unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits.
According to the charging documents, Thompson and his co-conspirator submitted more than 100 fraudulent PUA claims resulting in more than $1.2 million in payments. It is alleged that approximately half of the PUA claims were made on behalf of individuals residing outside of Massachusetts. In some instances, Thompson allegedly recruited individuals from other states to apply for PUA in Massachusetts, submitted claims on their behalf, and received kickback payments for doing so.
The charge of wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of $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; Frederick J. Regan, Special Agent in Charge of the U.S. Secret Service, Boston Field Office; and Nikitas Splagounias, Acting Special Agent in Charge of the Department of Labor, Office of Inspector General, Office of Investigations made the announcement. The Massachusetts Department of Unemployment Assistance, U.S. Department of Homeland Security, Secret Service, Newark Field Office, and New Jersey State Police provided assistance in the investigation. Assistant U.S. Attorney Christopher J. Markham of Mendell’s Securities, Financial & Cyber Fraud 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.
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.
Navajo man in court accused of murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Josiah Smith, 27, an enrolled member of the Navajo Nation, made an initial appearance in federal court today facing a charge of murder in Indian Country. Smith will remain in custody pending a detention hearing scheduled for Aug. 26.
According to a criminal complaint, on May 17, Smith allegedly shot and killed the victim, identified as John Doe, at a residence near Church Rock, New Mexico, on the Navajo Nation. Smith, who had arrived at the residence earlier in the day, allegedly fired into a window from outside the home, striking the victim and killing him.
The FBI, with the assistance of the McKinley County Sheriff's Office and Gallup Police Department, arrested Smith in Gamerco, New Mexico, on Aug. 21.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Smith faces up to life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Department of Criminal Investigations. Assistant United States Attorney Elisa Dimas is prosecuting the case.
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Multiple Defendants in 'Grandparent Scam' Network Indicted for Racketeering ConspiracyRead the Press Release
Note: Click to view the indictment.
A federal grand jury in San Diego has returned an indictment against eight defendants for their alleged roles in a federal racketeering conspiracy. The indictment alleges the defendants were members and associates of a criminal enterprise that defrauded elderly Americans by making them falsely believe that a grandchild (or other close relative) was in trouble and needed their help. The elderly victims each paid thousands to tens of thousands of dollars to the criminal organization in this scheme.
The grand jury returned an indictment charging the defendants with conspiracy under the Racketeer Influenced and Corrupt Organizations (RICO) Act. Six defendants have been arrested – Timothy Ingram aka Bleezy, 29, of North Hollywood, California; Anajah Gifford, 23, of North Hollywood, California; Joaquin Lopez, 45, of Hollywood, Florida; Jack Owuor, 24, of Paramount, California; Tracy Glinton, 34, of Orlando, Florida; and Lyda Harris, 73, of Laveen, Arizona. Two additional defendants – Tracy Adrine Knowles, 29, and Adonis Alexis Butler Wong, 29, who each resided in Florida during the alleged offense – have also been charged.
“These defendants were part of a large network of individuals that systematically targeted elderly Americans by preying on their concern for loved ones," said Deputy Assistant Attorney General Arun Rao for the Justice Department’s Civil Division. "The Department of Justice is committed to prosecuting individuals who take part in such schemes that target vulnerable people. We are grateful to our partners at the U.S. Attorney’s Office in the Southern District of California and the FBI in advancing the Department’s efforts against organized elder fraud, and to the San Diego County District Attorney’s Office.”
“This scheme has left many elderly victims financially and emotionally devastated,” said Acting U.S. Attorney Randy Grossman for the Southern District of California. “It is unconscionable to target the elderly and exploit their love for their grandchildren. Elder fraud is a serious crime against some of our nation’s most vulnerable citizens. We are committed to combating all types of elder abuse in our community.”
“Elder Fraud is a massive and growing problem, as our county’s population gets older, with losses into the billions of dollars nationwide,” said Special Agent in Charge Suzanne Turner of the FBI’s San Diego Field Office. “The San Diego Elder Justice Task Force was set up to combine resources, experience, and capabilities to have a sophisticated and coordinated law enforcement response to fight this battle.”
According to the indictment, the defendants were members and associates of a network of individuals who, through extortion and fraud, induced elderly Americans across the United States to pay thousands to tens of thousands of dollars each to purportedly help their grandchild or other close family relatives. According to statements made by prosecutors in court, the defendants swindled more than $2 million from 70-plus elderly victims across the nation, with at least 10 in San Diego County. The perpetrators contacted elderly Americans by telephone and impersonated a grandchild, other close relative, or friend of the victim. They falsely convinced the victims that their relatives were in legal trouble and needed money to pay for bail, medical expenses for car accident victims, or to prevent additional charges from being filed. The defendants and their co-conspirators received money from victims via various means, including in-person pickup, mail, and wire transfer, and laundered the proceeds, including through cryptocurrency.
The case was investigated by the San Diego Elder Justice Task Force, which is a collaboration between the U.S. Attorney’s Office, the FBI, the District Attorney’s Office and all San Diego County law enforcement agencies. The Elder Justice Task Force was officially launched in February 2020 and is believed to be the first comprehensive local law enforcement effort for this purpose anywhere in the country.
A number of law enforcement agencies and offices across the country have investigated components of the scheme, including the FBI’s field offices in Cleveland, Dallas, Los Angeles, Miami, Orlando, and San Francisco; the Dallas Police Department; and police departments across several states, including the Jacksonville Police Department in Alabama; the Anaheim Police Department, Burbank Police Department, Carlsbad Police Department, Downey Police Department, El Cajon Police Department, Garden Grove Police Department, Huntington Beach Police Department, Nevada County Sheriff’s Office, Oceanside Police Department, Pasadena Police Department, Riverside County Sheriff’s Department, San Diego County Sheriff’s Department, San Diego Police Department, San Francisco Police Department, Santa Monica Police Department, and Ventura County Sheriff’s Office in California; the Dalton Police Department and Spalding County Police Department in Georgia; the Lee County Sheriff’s Department in North Carolina; the Akron Police Department, Cleveland Division of Police, and Sagamore Hills Police Department in Ohio; the Carmel Police Department in Indiana; the St. Joseph Sheriff and Troy Police Department in Michigan; the Fergus Falls Police Department in Minnesota; the New York State Police and Suffolk County Police Department in New York; and the Colleyville Police Department, City of Fair Oaks Ranch Police Department, Grand Prairie Police Department, and Richardson Police Department in Texas. The U.S. Attorneys’ Offices in the District of Arizona, Central District of California, Middle District of Florida, Western District of North Carolina, and Northern District of Ohio provided assistance in the investigation.
Trial Attorneys Lauren M. Elfner and Wei Xiang with the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Oleksandra Johnson of the Southern District of California are prosecuting the case.
The Consumer Protection Branch coordinates the department’s Transnational Elder Fraud Strike Force, working with U.S. Attorney’s Offices and law enforcement agencies to investigate and prosecute scams run by transnational criminal organizations, including mass mailing, telemarketing, and tech support scams. For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch
An indictment merely contains allegations, and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Mississippi Pharmacist and Louisiana Marketer Plead Guilty to More Than $180 Million Health Care Fraud SchemeRead the Press Release
A Mississippi pharmacist pleaded guilty today and a Louisiana marketer pleaded guilty on Aug. 12 in the Southern District of Mississippi for their roles in a multi-million-dollar scheme to defraud TRICARE and private insurance companies by paying kickbacks to distributors for the referral of medically unnecessary prescriptions. The conduct allegedly resulted in more than $180 million in fraudulent billings, including more than $50 million paid by federal health care programs.
According to court documents, Mitchell “Chad” Barrett, 54, now of Gulf Breeze, Florida, and formerly of Mississippi, participated in a scheme to defraud TRICARE and other health care benefit programs by distributing medically unnecessary compounded medications. Barrett is licensed as a pharmacist in Mississippi and was a co-owner of various compounding pharmacies. As part of this scheme, Barrett adjusted prescription formulas to ensure the highest reimbursement without regard to efficacy. He solicited recruiters to procure prescriptions for high margin compounded medications and paid those recruiters commissions based on the percentage of reimbursements paid by pharmacy benefit managers and health care benefit programs, including commissions on claims reimbursed by TRICARE. He further routinely and systematically waived and/or reduced copayments to be paid by beneficiaries and members, and utilized a purported copayment assistance program to falsely make it appear as if his pharmacy and its affiliate compounding pharmacies had been collecting copayments.
According to court documents, Thomas “Tommy” Wilburn Shoemaker, 57, of Rayville, Louisiana, participated in a scheme to defraud TRICARE and other health care benefit programs by acting as a marketer for Barrett’s pharmacies. Shoemaker allowed the pharmacies to use his TRICARE insurance to adjust prescription formulas to ensure the highest reimbursement without regard to efficacy, and he recruited doctors to procure prescriptions for high margin compounded medications. Shoemaker also obtained numerous fraudulent prescriptions using personal information of military acquaintances.
Barrett pleaded guilty to conspiracy to engage in monetary transactions in criminally derived property. He faces a maximum penalty of 10 years in prison.
Shoemaker pleaded guilty to conspiracy to defraud the United States and solicit, receive, offer, and pay illegal kickbacks, and faces a maximum penalty of five years in prison.
A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Shoemaker and Barrett must also pay restitution and forfeit all assets traced to their ill-gotten gains.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi; Acting Special Agent in Charge Paul Brown of the FBI’s Jackson Field Office, and Special Agent in Charge Cyndy Bruce of the Department of Defense Office of Inspector General’s Defense Criminal Investigative Service (DoD OIG-DCIS) Southeast Field Office made the announcement.
The FBI and DoD OIG-DCIS are investigating the case.
Trial Attorneys Emily Cohen and Alejandra Arias of the Criminal Division’s Money Laundering and Asset Recovery Section and Assistant U.S. Attorney Kathlyn Van Buskirk of the Southern District of Mississippi are prosecuting the case with assistance from Sara Porter and Dustin Davis from the Criminal Division’s Fraud Section.
Michigan Man Charged with Traveling Across State Lines Intending to Engage in Sexual Conduct with a ChildRead the Press Release
SYRACUSE, NEW YORK – Robert Hardin, age 75, of Michigan, was charged today with interstate travel with the intent to engage in sexual conduct with a minor. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
The criminal complaint alleges that during July and August 2021, Hardin communicated through a social media application with an undercover officer posing as a mother who was willing to make her 10-year-old daughter available for a sexual encounter. It further alleges that on August 24, 2021 Hardin drove from his home in Michigan to a location near Binghamton, New York, with the intent to engage in sexual conduct with the child. Upon his arrival at the location, Hardin was arrested. The charge in the complaint is merely an accusation. The defendant is presumed innocent unless and until proven guilty.
Hardin appeared today before United States Magistrate Judge Miroslav Lovric and was ordered detained pending a hearing on August 27.
If convicted of this offense, Hardin faces up to 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Hardin would also have to register as a sex offender upon his release from prison.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force. This task force is comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI). The case is being prosecuted by Special Assistant U.S. Attorney Adrian LaRochelle as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Miami Man Pleads Guilty in Lucrative Fraud Scheme involving Cell PhonesRead the Press Release
PITTSBURGH - A resident of Miami, Florida, pleaded guilty in federal court to charges of conspiring to commit wire fraud and money laundering, Acting United States Attorney Stephen R. Kaufman announced today.
Samuel T. Johnson pleaded guilty to two counts before United States District Judge W. Scott Hardy.
In connection with the guilty plea, the court was advised that over the course of two years Johnson was able to fraudulently obtain in excess of 1,500 new, in-box cellular devices and resell them on the illicit market. Through various means, Johnson was able to compromise existing Verizon accounts and charge the devices to them. Afterwards, arrangements were made to have the purloined devices shipped to various Apple Stores and other third-party vendors. Johnson and others would then retrieve the devices from the vendors and resell them. In order to conceal the illicit source of the money Johnson made from selling the devices, he and others engaged in currency structuring. When Johnson’s apartment was searched, federal agents recovered $619,184.00 in cash and over 50 pieces of jewelry and high-end wristwatches. Under the terms of his plea agreement, Johnson agreed to forfeit a Lamborghini Urus; $619,184.00; and 60 pieces of gold and diamond jewelry .
Judge Hardy scheduled sentencing for Jan. 11, 2022. The law provides for a total sentence of 40 years in prison, a fine of $$750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court committed Jonson to the custody of the United States Marshals Service.
Assistant United States Attorney Michael Leo Ivory is prosecuting this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation and the Department of Homeland Security conducted the investigation that led to the prosecution of Johnson.
Mexican man sentenced for role in conspiracy to import heroin and methRead the Press Release
McALLEN, Texas – A 41-year-old Mexican national has been ordered to federal prison for 20 years for arranging the importation of 148 kilograms of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
Hermenegildo Espino-Trejo pleaded guilty Dec. 2, 2020.
Today, U.S. District Judge Micaela Alvarez ordered Espino-Trejo to serve a 240-month sentence. At the hearing, the court heard additional information including how Espino-Trejo recruited an unwitting truck driver to import a multi-million dollar load of narcotics into the United States. In handing down the sentence, Judge Alvarez enhanced Espino-Trejo’s sentence and found he was an organizer and supervisor of the drug conspiracy. Not a U.S. citizen, he is expected to face removal proceedings following his sentence.
“As drug dealers prey on communities, they often ignore the laws of this nation. It’s great to have the cooperation of our federal partners to aid in the arrest and prosecution of these drug traffickers,” said Deputy Special Agent in Charge Timothy Tubbs of Homeland Security Investigations (HSI). “Hopefully, Espino-Trejo’s arrest and incarceration will be a deterrent to current and/or future drug traffickers.”
On Sept. 11, 2020, Espino-Trejo drove a tractor-trailer from Michoacan to Reynosa, Mexico. He gave the vehicle to another driver and instructed him to cross the border, then deliver it to a gas station in Pharr where Espino-Trejo would then re-take possession.
However, at the Pharr point of entry, law enforcement discovered 148 kilograms of meth and one kilogram of heroin concealed within the trailer. They ultimately identified Espino-Trejo as the one who arranged the transportation and took him into custody.
Espino-Trejo admitted he knew controlled substances were in the trailer and directing the driver to cross it into the United State where he planned further distribution.
The drugs had an estimated street value of approximately $2.4 million.
Espino-Trejo has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Customs and Border Protection and Homeland Security Investigations conducted the investigation. Assistant U.S. Attorneys Matthew Redavid and Scott Greenbaum prosecuted the case.
Mercer County Woman Charged with Impersonating FBI AgentRead the Press Release
TRENTON, N.J. – A Mercer County, New Jersey, woman made her initial appearance today on a charge that she impersonated an FBI agent, Acting U.S. Attorney Rachael A. Honig announced.
Nealeigh Glasper, 29, of Trenton, is charged by criminal complaint with one count of impersonating an officer of an agency of the United States. She appeared before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court and was released on $25,000 unsecured bond.
According to documents filed in this case and statements made in court:
Late in the evening on April 13, 2021, officers of the Trenton Police Department observed a vehicle with heavily tinted windows, in apparent violation of New Jersey state law, driving in a high-crime area of Trenton. The officers conducted a motor vehicle stop, during which they requested that the driver and passenger lower all four of the vehicle’s tinted windows for the officers’ visibility and safety. Upon lowering the vehicle’s front and rear passenger windows, Glasper immediately and repeatedly told the officers that she was an FBI special agent. She twice told the officers in a loud and clear voice, “I’m FBI,” and introduced herself as “Special Agent Glasper,” and stated that she “work[ed] cybersecurity in the Philly office.” Glasper continued to hold herself out as an FBI special agent, stated multiple times that she worked for the federal government, and offered to provide her badge to the officers. The officers issued the driver a motor vehicle citation and the motor vehicle stop concluded.
Shortly thereafter, the officers returned to the area because Glasper had reported that the driver of the vehicle could not find his driver’s license and believed that the officers had not returned it at the conclusion of the motor vehicle stop. During that follow-up encounter with the same officers, Glasper was wearing an empty gun holster on her right hip and ultimately advised the officers that she would call her “superior” to advise him or her of the misplaced license. Glasper is not, and never has been, an FBI special agent.
The false impersonation charge is punishable by a maximum potential penalty of three years in prison and a maximum fine of up to $250,000.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and the Trenton Police Department, under the direction of Interim Police Director, Steve E. Wilson, with the investigation.
The government is represented by Assistant U.S. Attorney Ashley Super Pitts of the Criminal Division in Trenton.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Marion Man Sentenced to Federal Prison for COVID-19 Unemployment Benefits FraudRead the Press Release
A man who received over $13,000 in fraudulently obtained CARES Act unemployment funds was sentenced today to nine months in federal prison.
Brian Lynn Whorton, age 55, from Marion, Iowa, received the prison term after a January 25, 2021 guilty plea to one count of wire fraud.
Information from sentencing and a criminal complaint showed that Whorton received over $13,000 in unemployment funds to which he was not entitled from the State of Arizona. Whorton withdrew some of the funds in cash and used a Bitcoin ATM to send the funds to other participants in the scheme. Whorton kept some of the funds for himself.
Whorton was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Whorton was sentenced to nine months’ imprisonment. He was ordered to make $13,740 in restitution the Arizona Department of Economic Security. He must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
Whorton was released on the bond previously set and is to surrender to the United States Marshal on September 10, 2021.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Federal Bureau of Investigation and the United States Department of Labor Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-64.
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Man Sentenced for Large Collection of Child PornographyRead the Press Release
NEW BERN, N.C. – A Cary man was sentenced on Wednesday to 100 months in prison followed by 10 years of supervised release for receipt of child pornography. On July 8, 2020, Christopher Mark Wilson pled guilty to the charges.
According to court documents and other information presented in court, Wilson, 66, was found in possession of over one million images and videos of child pornography. The investigation showed that Wilson was a prolific collector, using computers to receive and collect the images and videos over 17 years.
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 Louise W. Flanagan. The Cary Police Department and Homeland Security Investigations investigated the case, with the assistance of the National Center of Missing and Exploited Children, Ellington Digital Forensics, and the Wake County District Attorney’s Office. Assistant U.S. Attorney John Parris prosecuted the case.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
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. 5:19-cr-00529-FL.
Man Indicted for Allegedly Straw Purchasing Handguns in Suburban Chicago StoreRead the Press Release
CHICAGO — A man has been indicted on federal firearm charges for allegedly straw purchasing handguns in a suburban Chicago store on behalf of another individual.
JUSTIN GARCIA purchased a handgun in 2019 and another in 2020 from a licensed firearms dealer in Crete, Ill., and falsely certified on federal forms that he was the actual buyer, according to an indictment unsealed Tuesday in U.S. District Court in Chicago. In reality, Garcia purchased the guns on behalf of another individual, the charges allege.
Garcia, 24, of Chicago, is charged with two counts of making a false statement in connection with the acquisition of a firearm. He pleaded not guilty Tuesday during his arraignment in federal court in Chicago. A status hearing is set for Sept. 30, 2021, at 10:00 a.m., before U.S. District Judge Franklin U. Valderrama.
The indictment was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The Chicago Police Department provided valuable assistance. The government is represented by Assistant U.S. Attorney Megan DeMarco.
Each charge in the indictment is punishable by a maximum sentence of ten years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Long Island Chiropractor Settles Federal Fraud AllegationsRead the Press Release
Gary Stein, a licensed chiropractor in Levittown, New York, has paid the United States $290,197.24 to resolve civil allegations that he submitted false claims to the U.S. Department of Labor’s (DOL) Office of Workers’ Compensation Programs (OWCP) for services that he did not provide to a federal employee receiving Federal Employees Compensation Act (FECA) program benefits.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Matthew Modafferi, Special Agent-in-Charge, U.S. Postal Service, Office of the Inspector General (USPS-OIG), Jonathan Mellone, Special Agent-in-Charge, U.S. Department of Labor Office of Inspector General, New York Region (DOL-OIG), and Christopher Godfrey, Director, OWCP, announced the settlement.
“In billing for medical services he didn’t provide to his patient, the defendant defrauded a taxpayer-funded program designed to assist federal employees who are disabled by on-the-job injuries,” stated Acting U.S. Attorney Kasulis. “This Office and its law enforcement partners are committed to protecting taxpayer-funded programs from fraud and abuse.”
“The Special Agents of the U.S. Postal Service Office of Inspector General will vigorously investigate those who commit frauds against federal benefit programs and the U.S. Postal Service,” stated USPS-OIG Special Agent-in-Charge Modafferi. “I’d like to thank the U.S. Attorney’s Office and the Office of Inspector General at the U.S. Department of Labor for their continued support in our agency’s mission.”
“Investigating health care fraud offenses against U.S. Department of Labor programs is an important mission of the Office of Inspector General. We will continue to work diligently with our law enforcement partners to hold accountable those who seek to defraud DOL programs and siphon taxpayer funds for personal gain,” stated DOL-OIG Special Agent-in-Charge Mellone.
“This settlement allows OWCP to recover $290,197.24 in medical bill payments under the Federal Employees’ Compensation Act and return those funds to the U.S. Postal Service,” stated OWCP Director Godfrey. “The Department of Labor’s Office of Inspector General, as well as various other agencies’ offices of inspector general, devote significant investigative resources to detecting cases of possible abuse within the FECA program, and this settlement demonstrates the commitment of the DOL and its OIG in helping to ensure that funds issued through the program are paid appropriately.”
Certain federal employees who become disabled due to occupational injuries sustained during the performance of their official duties qualify for OWCP benefits. When health care providers bill OWCP for services rendered to FECA beneficiaries, they use Current Procedural Terminology (CPT) codes that specify what services have been provided. In doing so, they signify that the services were performed as described and properly billed in accordance with accepted industry standards. Applicable industry standards preclude billing for an extended medical appointment when a FECA beneficiary actually received only a routine service.
An investigation by the DOL-OIG and USPS-OIG revealed that, from March 6, 2014 through April 14, 2019, Stein routinely used CPT codes which falsely indicated to OWCP that he had conducted detailed examinations of the patient when in fact he had not done so. The settlement resolves potential claims that Stein’s alleged conduct violated the False Claims Act. The claims resolved by the settlement are allegations only.
The United States’ case was handled by Assistant U.S. Attorney Jolie Apicella of the Office’s Civil Division with assistance from Civil Investigator Joseph Giambalvo.
Local Businessman Pleads Guilty to Receiving Fraudulent Wire Transfer of over $17 MillionRead the Press Release
SHREVEPORT, La. – David D. DeBerardinis, 59, of Shreveport, Louisiana, pleaded guilty today before Chief United States District Judge S. Maurice Hicks, Jr. to a charge of wire fraud, announced Acting United States Attorney Alexander C. Van Hook. Pursuant to the plea agreement entered in court and signed by DeBerardinis, he has agreed to a court-imposed sentence of 15 years.
DeBerardinis was a Shreveport, Louisiana based executive who operated and managed numerous business entities. He represented himself and his business entities to be part of the petroleum industry involved in a complex fuel trading business. DeBerardinis solicited and caused others to solicit individual investors and financial institutions to provide funds for his businesses in exchange for interest payments and a guaranteed return of principal.
DeBerardinis told investors and financial institutions that he had a preferential trading arrangement with Alon USA Energy, Inc. (Alon) that generated significant profits that would be used to repay the investors and financial institutions when in truth and in fact, DeBerardinis knew that he had no such arrangement with Alon. Between April 2014 and June 2015, PlainsCapital Bank, a financial institution in Dallas, Texas, provided funding to DeBerardinis in the amount of $29,500,000 allegedly to expand his fuel trading business. At the time the funding was obtained, DeBerardinis knew that he was not making fuel trades and that he did not have a relationship with Alon.
The funding from PlainsCapital was made by several interstate wire transfers from PlainsCapital Bank in Dallas to one of DeBerardinis’ bank accounts in Shreveport. The defendant either initiated or caused to be initiated these wire transfers. One of the wire transfers occurred on or about November 25, 2014 in the amount of $17,100,000.
“Over the course of several years David DeBerardinis created an incredibly complex fraud scheme to give the impression that he was a successful fuel trader. He destroyed the lives of many people by stealing their savings to finance his extravagant lifestyle,” stated Acting United States Attorney Alexander C. Van Hook. “Mr. DeBerardinis used the friendships that he had with others to lure them into his scheme and many of them suffered greatly because of his deception and unlawful actions. We will not stop fighting to seek justice for the victims that he has left in the wake of his greed and careless actions.”
“Today’s guilty plea sends a clear message that individuals like Mr. DeBerardinis who engage in financial fraud will not go undetected and will be held accountable. The FBI is determined to identify, investigate, and bring to justice those who are committing financial crimes to enrich themselves at the expense of others,” said FBI New Orleans Special Agent in Charge Douglas A. Williams, Jr. “We thank our partners at the United States Attorney’s Office, Western District of Louisiana, and the United States Secret Service for their strong partnership and unrelenting pursuit of justice.”
Sentencing has been set for January 4, 2022 at 10:00 a.m.
The Federal Bureau of Investigation, United States Secret Service and Caddo Parish Sheriff’s Office conducted the investigation. Acting U.S. Attorney Alexander C. Van Hook and Assistant U.S. Attorneys Jessica D. Cassidy and Cadesby B. Cooper are prosecuting the case.
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Las Vegas Tax Preparer Sentenced for Filing False Tax ReturnsRead the Press Release
LAS VEGAS, Nev. – A Las Vegas tax preparer was sentenced today to two years in prison for filing fraudulent tax returns for her clients over approximately five years, causing a total tax loss of $529,782 to the IRS.
According to court documents, Martha L. Williams, 43, owned and operated MJW and Associates (formerly known as Across the Board Management Company), which were tax preparation businesses in Las Vegas. Between 2009 and 2014, Williams prepared more than 1,000 tax returns on behalf of her clients. She admitted to preparing 750 false tax returns that inflated the clients’ refunds by claiming fictitious deductions related to businesses that did not actually exist. To make these businesses appear legitimate, Williams used the IRS’ website to apply for and receive Employer Identification Numbers for fictitious businesses. In total, Williams caused a tax loss of at least $529,782 to the IRS.
In January 2020, Williams pleaded guilty to two counts of aiding and assisting in the preparation and filing of a false tax return. In addition to the term of imprisonment, U.S. District Judge Larry R. Hicks sentenced Williams to one year of supervised release and ordered Williams to pay $529,782 in restitution to the IRS.
Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge C. Darren Lian for the IRS-Criminal Investigation made the announcement.
This case was investigated by the IRS-Criminal Investigation. Assistant U.S. Attorney Jared Grimmer prosecuted the case.
You can report a tax return preparer for misconduct or improper tax preparation practices associated with your individual tax return by visiting the IRS website at https://www.irs.gov/tax-professionals/make-a-complaint-about-a-tax-return-preparer.
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Laplace Woman Pleads Guilty to Wire FraudRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that ARLENE TRANCHINA, age 55, of Laplace, pleaded guilty to one-count of wire fraud today before United States District Court Judge Wendy B. Vitter in the Eastern District of Louisiana.
According to court records, TRANCHINA was employed as the office manager for a company located in Reserve, Louisiana. From 2017 to October of 2019, she embezzled approximately $234,000 from her employer by making over ninety (90) checks for company expenses payable to herself or cash. In addition, TRANCHINA also used a company credit card without authorization to make over $70,000.00 in purchases.
Sentencing is set for November 16, 2021, before United States District Court Judge Vitter. At that time, TRANCHINA faces a sentence of up to twenty (20) years in prison, a fine of up to $250,000 or twice the gross gain the defendant or twice the gross loss to the victim, and up to three (3) years of supervised release.
U.S. Attorney Evans praised the work of the United States Secret Service, along with assistance from the St. John the Baptist Parish Sheriff’s Office, in investigating this matter. Assistant U.S. Attorney Edward J. Rivera is in charge of the prosecution.
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Justice Department Settles with Large Health Care Organization to Resolve Software-Based Immigration-Related Discrimination ClaimsRead the Press Release
The Department of Justice announced today that it reached a settlement with Ascension Health Alliance (Ascension), a Missouri-based health care organization with more than 2,600 sites – including 146 hospitals and more than 40 senior living facilities – in 19 states and the District of Columbia.
The settlement resolves the department’s claims that Ascension violated the Immigration and Nationality Act (INA) when it discriminated against work-authorized non-U.S. citizens because of their citizenship status by requesting more or different documents than necessary when attempting to reverify their continued work authorization.
Based on its investigation, the department determined that Ascension automatically requested that its non-U.S. citizen employees present new documents to prove their continued work authorization, even in situations where it was not required. Ascension utilized a customized employment eligibility verification software program to electronically complete the Form I-9 and track the expiration dates of non-U.S. citizen employee documents. The investigation found that Ascension improperly programmed the software to send automated e-mails requesting proof of continued work authorization to all non-U.S. citizen employees, including U.S. nationals, lawful permanent residents, asylees and refugees, close to the expiration date of the documents they provided when completing the Form I-9. These non-U.S. citizen employees often presented documents that did not require reverification of employment eligibility. In some instances after sending these e-mails, Ascension further required non-U.S. citizen employees to present new documents in order to continue working. In contrast, Ascension did not program the software to send e-mails to U.S. citizens and therefore did not notify U.S. citizens near the expiration of their documents.
“Employers are reminded that while software programs may seem efficient, there is still a responsibility to ensure that programming decisions do not result in discrimination,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement makes clear that the Justice Department will vigorously enforce federal civil rights laws and hold employers accountable if their software results in unlawful discrimination.”
Federal law allows all work-authorized individuals, regardless of citizenship status, to choose which valid, legally acceptable documentation to present to demonstrate their identity and authorization to work in the United States. Many non-U.S. citizens, including lawful permanent residents, refugees, and asylees, among others, have work authorization that does not expire, and are eligible for several of the same types of documents as U.S. citizens (such as driver’s licenses and unrestricted Social Security cards) to prove their work authorization. The INA’s anti-discrimination provision prohibits employers from requesting more or different documents than necessary to prove work authorization based on employees’ citizenship, immigration status, or national origin.
Under the terms of the settlement agreement, Ascension will pay the United States a civil penalty of $84,832.00. Additionally, Ascension will train its employees on the requirements of the INA’s anti-discrimination provision, including an IER-provided training, and be subject to monitoring for a three-year period to ensure the company is complying with the agreement.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits citizenship or immigration status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Learn more about IER’s work and how to get assistance through this brief video. Job applicants or employees who believe they were discriminated against based on their citizenship, immigration status or national origin in hiring, firing, recruitment or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, can file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this release here.
Justice Department Obtains Settlement from Kentucky Landlord and Rental Manager to Resolve Claims of Sexual Harassment Against Female TenantsRead the Press Release
The Justice Department today announced it has reached an agreement with defendants Gus and Penny Crank to resolve a Fair Housing Act lawsuit alleging that Gus Crank sexually harassed female tenants while managing a Dayton, Kentucky, rental property owned by his wife, Penny Crank.
Under the consent order entered by the U.S. District Court for the Eastern District of Kentucky, the Cranks must pay $48,000 in damages to four female tenants harmed by Gus Crank’s harassment and a $2,000 civil penalty to the United States. The Cranks are also prohibited from being involved in property management of rental units in the future; Penny Crank recently sold the rental property where Gus Crank’s harassment occurred.
The United States’ lawsuit alleged that Gus Crank’s harassment spanned a period of 10 years. The allegations included that Gus Crank engaged in unwelcome sexual touching, offered to reduce monthly rental payments in exchange for sex, made unwelcome sexual comments and advances made intrusive and unannounced visits to female tenants’ homes to further his sexual advances and evicted or threatened to evict female tenants who objected to or refused his sexual advances.
“No woman should ever have to endure sexual harassment to secure housing for herself or her family,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Sexual harassment is unacceptable and illegal, and the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”
“Sexual harassment in housing deprives its victims of the safety and security that their home is supposed to provide,” said Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “That makes our convincing enforcement of the Fair Housing Act critical to ensuring that victims can gain relief from this disgraceful conduct and seek a safe and secure home for their families.”
This case was jointly litigated by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Kentucky. The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s Initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the Initiative in October 2017, the Department of Justice has filed 22 lawsuits alleging sexual harassment in housing and recovered over $4 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
Justice Department Obtains Settlement from Kentucky Landlord and Rental Manager to Resolve Claims of Sexual Harassment Against Female TenantsRead the Press Release
LEXINGTON, Ky.– The Justice Department today announced it has reached an agreement with defendants Gus and Penny Crank to resolve a Fair Housing Act lawsuit alleging that Gus Crank sexually harassed female tenants while managing a Dayton, Kentucky rental property owned by his wife, Penny Crank.
Under the consent order entered by the U.S. District Court for the Eastern District of Kentucky, the Cranks must pay $48,000 in damages to four female tenants harmed by Gus Crank’s harassment and a $2,000 civil penalty to the United States. The Cranks are also prohibited from being involved in property management of rental units in the future; Penny Crank recently sold the rental property where Gus Crank’s harassment occurred.
The United States’ lawsuit alleged that Gus Crank’s harassment spanned a period of ten years. The allegations included that Gus Crank engaged in unwelcome sexual touching, offered to reduce monthly rental payments in exchange for sex, made unwelcome sexual comments and advances, made intrusive and unannounced visits to female tenants’ homes to further his sexual advances and evicted or threatened to evict female tenants who objected to or refused his sexual advances.
“No woman should ever have to endure sexual harassment to secure housing for herself or her family,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “Sexual harassment is unacceptable and illegal, and the Justice Department will continue to vigorously enforce the Fair Housing Act to combat this type of discrimination and to obtain relief for victims.”
“Sexual harassment in housing deprives its victims of the safety and security that their home is supposed to provide,” said Acting U.S. Attorney Carlton S. Shier IV for the Eastern District of Kentucky. “That makes our convincing enforcement of the Fair Housing Act critical to ensuring that victims can gain relief from this disgraceful conduct and seek a safe and secure home for their families.”
This case was jointly litigated by attorneys in the Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of Kentucky. The Justice Department’s Sexual Harassment in Housing Initiative is led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the department’s Initiative is to address and raise awareness about sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing. Since launching the Initiative in October 2017, the Department of Justice has filed 22 lawsuits alleging sexual harassment in housing and recovered over $4 million for victims of such harassment.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. More information about the Civil Rights Division and the laws it enforces is available at http://www.justice.gov/crt. Individuals may report sexual harassment or other forms of housing discrimination by calling the Justice Department’s Housing Discrimination Tip Line at 1-833-591-0291, or submitting a report online. Individuals may also report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777 or by filing a complaint online.
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Jury Convicts Chesapeake Man of Child Pornography OffensesRead the Press Release
NORFOLK, Va. – A federal jury convicted a Chesapeake man yesterday on charges of attempted receipt of child pornography and access with intent to view child pornography.
“The jury’s verdict holds the defendant accountable for his inexplicable decision to engage in this serious conduct while on supervised release and notwithstanding his prior federal conviction involving the receipt of child pornography,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Our Office expresses its gratitude to the trial team and the FBI for their thorough investigative efforts, which helped secure this conviction.”
According to court records and evidence presented at trial, in 2011 in the Eastern District of Virginia, Curtis Culbertson, 63, pleaded guilty to receipt of child pornography and was sentenced to 90 months in prison, followed by a lifetime of supervised release. While on supervised release in 2017, Culbertson began living and working in Chesapeake. Within days of starting his job, Culbertson began using an unmonitored work computer to search for and access with intent to view child sexual abuse material.
Culbertson faces a mandatory minimum penalty of 15 years in prison when sentenced on January 6, 2022. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the verdict.
Assistant U.S. Attorneys Elizabeth Yusi and Megan Montoya are prosecuting the case.
This case was investigated by the FBI’s Norfolk Child Exploitation Task Force, which is composed of FBI agents and detectives from the Chesapeake Police Department, Hampton Police Division, and Newport News Police Department. Assistance in this matter was also provided by federal agents from Homeland Security Investigations. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children. Tips regarding child exploitation can be provided to the task force at 1-800-CALL-FBI or tips.fbi.gov.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-97.
Johnstown Man Indicted on Drug Possession ChargeRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, PA has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Gregory Brown, 50, as the sole defendant.
According to the Indictment, on or about June 22, 2021, Brown knowingly, intentionally, and unlawfully, possessed with intent to distribute 40 grams or more of a mixture and substance containing a detectable amount of fentanyl and a quantity of a mixture and substance containing a detectable amount of methamphetamine.
The law provides for a minimum sentence of 5 years in prison and a maximum total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Arnold P. Bernard, Jr. is prosecuting this case on behalf of the government.
The Drug Enforcement Administration conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Jimcy McGirt Sentenced to Life ImprisonmentRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced today that Jimcy McGirt, age 72, of Holdenville, Oklahoma was sentenced to life imprisonment and five years supervised release for two counts of Aggravated Sexual Abuse In Indian Country, and one count of Abusive Sexual Contact in Indian Country in violation of Title 18, United States Code, Sections 1151, 1153, 2241(c) and 2246(2). The life sentences on each count were ordered to run concurrently.
In 1997, Jimcy McGirt was tried and convicted of First Degree Rape by Instrumentation, Lewd Molestation, and Forcible Sodomy in the District Court of Wagoner County. While serving two 500 year sentences and a sentence of life without parole in the Oklahoma Department of Corrections, McGirt, an Indian, challenged his conviction, arguing the crimes occurred in the Muscogee (Creek) Nation Reservation and Congress had never disestablished the reservation, therefore, the State of Oklahoma did not have jurisdiction to prosecute him. On July 9, 2020, the United States Supreme Court agreed with McGirt and vacated his state convictions.
McGirt was subsequently charged in the United States District Court for the Eastern District of Oklahoma. Last November, McGirt was convicted by a federal jury after evidence was presented proving the defendant sexually assaulted a four-year-old child.
“The sentences imposed today are the culmination of many hours of investigation, case preparation, legal research and case presentation by Assistant United States Attorneys Sarah McAmis and Courtney Jordan,” said Acting United States Attorney Christopher J. Wilson. “Through tremendous cooperation with the Federal Bureau of Investigation, our office was able to help provide justice for the victim. We are elated Judge Heil followed the government’s recommendation and sentenced the defendant to a term of life imprisonment, which was above the advisory sentencing guideline range of 210-262 months. Today’s non-paroleable sentence will ensure the defendant is never be able to victimize another child.”
"While Jimcy McGirt's abhorrent crimes devastated and traumatized his community for years, the incredible bravery of his victims ultimately secured today's sentence," said FBI Oklahoma City Special Agent in Charge Melissa Godbold. "Because of their courage, Mr. McGirt will never again harm a child. FBI investigators were proud to partner with the U.S. Attorney's Office for the Eastern District of Oklahoma on this landmark case."
The Honorable John F. Heil, III, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the sentencing hearing. Assistant United States Attorneys Sarah McAmis and Courtney Jordan represented the United States. McGirt was remanded to the custody of the United States Marshal to await commitment to a United States Bureau of Prisons facility to serve his non-paroleable sentence of incarceration.
Jefferson County man admits to sex offender registry violationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Frederick M. Hilliard, of Charles Town, West Virginia, has admitted to a sex offender registry charge, Acting United States Attorney Randolph J. Bernard announced.
Hilliard, 66, pleaded guilty today to one count of “Failure to Register.” Hilliard admitted to not updating his sex offender registration from February to October 2019 in Jefferson County, as required by law, because of a rape conviction in Pennsylvania.
Hilliard faces up to 10 years of incarceration and fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Kimberley D. Crockett is prosecuting the case on behalf of the government. The U.S. Marshals Service investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jay Man Sentenced for Conspiring to Distribute MethamphetamineRead the Press Release
BANGOR, Maine: A Jay man was sentenced today in federal court for conspiring to distribute and possess with intent to distribute methamphetamine, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge Lance E. Walker sentenced Brian Holmes, 42, to 200 months in prison and 10 years of supervised release. Holmes pleaded guilty in February 2020.
According to court records, between January 2017 and August 2018, Holmes and other members of the conspiracy distributed large quantities of methamphetamine in northern Maine. Holmes recruited and directed others to distribute the drugs. Holmes and other members obtained the drugs from out-of-state sources in Colorado and Arizona. The organization sent thousands of dollars in cash to those sources to supply its drug trafficking enterprise.
The U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency investigated the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Harrison County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Nicole Elaine Cosner, of Clarksburg, West Virginia, has admitted to a drug charge, Acting U.S. Attorney Randolph J. Bernard announced.
Cosner, 34, pleaded guilty today to one count of “Distribution of Buprenorphine – Aiding and Abetting.” Cosner admitted to selling Buprenorphine in September 2019 in Grant County.
Cosner faces up to 10 years of incarceration and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative, and the Grant County Sheriff’s Office investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Harrisburg Man Sentenced to Eight Years’ Imprisonment for Fentanyl TraffickingRead the Press Release
HARRISBURG—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Julio Feliciano, age 27, of Harrisburg, Pennsylvania, was sentenced today to eight years’ imprisonment by United States District Judge Sylvia H. Rambo for possession with intent to distribute fentanyl.
According to Acting United States Attorney Bruce D. Brandler, Feliciano previously admitted to possessing over ten grams of fentanyl at a residence in Harrisburg in September 2018. Law enforcement also recovered from the residence drug-packaging materials, an Iver Johnson Arms revolver, and ammunition.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania Office of Attorney General, and the Pennsylvania State Police. Assistant U.S. Attorney Carlo D. Marchioli prosecuted the case.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.”
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Gun Smuggler Who Worked at Consulate Sentenced to Almost 4 Years in PrisonRead the Press Release
TUCSON, Ariz. –Luis Manuel Bray-Vazquez, 35, a Mexican citizen, was sentenced yesterday by U.S. District Judge Jennifer G. Zipps to 46 months in prison for attempting to smuggle firearms from the United States into Mexico. Bray-Vasquez previously pleaded guilty.
On November 4, 2020, Bray-Vazquez, a driver for the United States Consulate in Nogales, Sonora, Mexico, attempted to enter Mexico through the Nogales Port of Entry while driving a U.S. Consular vehicle. Customs and Border Protection officers tried to conduct an outbound border search of the vehicle, but Bray-Vazquez fled from the officers at a high rate of speed. Officers reacted quickly and were able to close the exit gate to prevent Bray-Vazquez from entering Mexico. They searched the Consular vehicle that Bray-Vazquez was driving and found a total of ten rifles and five pistols, including a Barrett .50 caliber rifle and several AK-47 and AR variant rifles and pistols. Bray-Vazquez admitted he was being paid to smuggle the firearms into Mexico and that he had successfully done so on previous occasions.
“The trafficking of weapons from the United States into Mexico – especially of the type and quantity smuggled by Bray-Vazquez – has devastating repercussions in both countries,” said Acting United States Attorney Glenn B. McCormick. “Bray-Vazquez’s prosecution and the length of sentence imposed should serve as a warning that weapons smugglers, including anyone attempting to hide behind the veil of an official position, will pay a heavy price for their crimes.”
“This sentence demonstrates that there are serious consequences for those who lack respect for our nation’s laws or our borders,” said Scott Brown, special agent in charge for HSI Phoenix. “HSI remains committed to combating the illegal smuggling of firearms that fuel violence both domestically and abroad. We will continue to collaborate with our law enforcement partners to get dangerous criminals off the streets and locked up behind bars.”
Homeland Security Investigations conducted the investigation in this case, with the assistance of Customs and Border Protection. Assistant U.S. Attorney Angela W. Woolridge, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: 21-0655-TUC-JGZ
RELEASE NUMBER: 2021-055_Bray-Vazquez# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Greenville Man Sentenced for Drug OffenseRead the Press Release
NEW BERN, N.C. – A Greenville man was sentenced yesterday to 110 months in prison for possessing heroin and fentanyl with intent to distribute. On December 12, 2019, Tobia Mila Moye pled guilty to the charge. Moye was also serving a term of federal supervised release at the time of the new offense.
According to court documents and other information presented in court, Moye, 42, possessed approximately eighty-five grams of a heroin and fentanyl mixture in March 2019. He had just purchased the drugs and had enlisted the help of another person to drive him to the deal. Moye was released from federal prison in July 2017 after serving a 102-month sentence for a cocaine and cocaine base (crack) conspiracy. Moye began serving a term of supervised release in December 2017 and resumed selling drugs within the year, continuing until the time of his arrest.
Moye was also sentenced to 46 months in prison on the revocation of supervised release of which 24 run concurrent with the new charges, for a total of 132 months in prison on the new conduct and revocation combined.
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 Louise W. Flanagan. The Greenville Regional Drug Task Force investigated the case, and Assistant U.S. Attorney Lucy Brown 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. 4:19-CR-51-FL.
Grant County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Carrie A. Aughtry, of Petersburg, West Virginia, has admitted to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Aughtry, also known as “Corey Aughtry,”, 43, pleaded guilty today to one count of “Distribution of Methamphetamine.” Aughtry admitted to selling methamphetamine in July 2019 in Grant County.
Aughtry faces up to 20 years of incarceration and fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, a HIDTA-funded initiative; the West Virginia State Police; and the Grant County Sheriff’s Office investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Grand Prairie Man Convicted of Trafficking Teenage GirlRead the Press Release
A Grand Prairie man was convicted yesterday of trafficking a 16-year-old girl, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
After a two-day trial, a federal jury in Dallas on Tuesday convicted 37-year-old Howard Sandford Williams of sex trafficking of a child.
“This defendant exploited a vulnerable teenager he found online,” said Acting U.S. Attorney Prerak Shah. “Far too often, traffickers target struggling women and girls, claiming that they can help. The U.S. Attorney’s Office and HSI are committed to fighting the scourge of trafficking, and to getting justice for the victims of this horrific crime.”
According to evidence presented at trial, Mr. Williams first contacted 16-year-old Jane Doe through Tagged, a dating app, after he viewed a live video of her venting about conflict within her family.
Mr. Williams checked Jane Doe into a hotel room in Irving, where he provided her with drugs and alcohol, had sex with her, and took photographs of her. He then posted those photographs online in commercial sex advertisements. Through the advertisements, Mr. Williams arranged for adult customers to go to Jane Doe’s hotel room for commercial sex; he also drove Jane Doe to adult customers for commercial sex.
Mr. Williams now faces up to life in federal prison.
Homeland Security Investigations conducted the investigation with the assistance of the Irving Police Department. Assistant U.S. Attorneys Nicole Hammond and John de la Garza are prosecuting the case. U.S. District Judge Jane J. Boyle presided over the trial.
Georgia psychotherapy services provider to pay $2 million to resolve false claims allegationsRead the Press Release
ATLANTA – Carenow Services, LLC, a Roswell-based psychotherapy services provider, as well as its CEO Leena Karun (collectively “Carenow”), have agreed to pay $2 million to settle allegations that they violated the False Claims Act by billing Medicare and Medicaid for psychotherapy sessions at nursing homes and skilled nursing facilities that were medically unnecessary, improperly documented, or billed at higher intensity levels than justified (a practice known as upcoding).
“Indiscriminately billing the government for psychotherapy services without regard to medical need or intensity of treatment deprives taxpayers of precious federal healthcare resources,” said Acting U.S. Attorney Kurt R. Erskine. “We remain committed to investigating healthcare fraud, particularly those schemes that target the most vulnerable in our communities. Those who commit healthcare fraud should know that they risk significant fines, penalties and even federal prison time.”
“Hopefully, the False Claims Act settlement in this case will be a deterrent to anyone thinking about abusing federal healthcare programs for their own benefit,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI is determined to protect taxpaying citizens and those who need federal help for their healthcare needs.”
“Carenow Services allegedly exploited not only its access to Federal health care dollars, but also its relationship with nursing facility residents in need of psychological services,” said Derrick L. Jackson, Special Agent in Charge with the Department of Health and Human Services Office of Inspector General. “Fraudulently billing Medicare and Medicaid for personal gain cheats millions of people who fund the programs or depend on their services. With our law enforcement partners, HHS-OIG unceasingly carries out our mission to protect these programs, in part, by bringing to justice those who bilk them.”
“Our Medicaid Fraud Division, in cooperation with our state and federal enforcement agencies, will remain vigilant in maintaining the integrity of public programs and prosecuting those who steal from taxpayers,” said Georgia Attorney General Chris Carr.
The settlement resolves False Claims Act allegations that between 2012 and 2018, Carenow billed Medicare and Medicaid for psychotherapy sessions at nursing homes and skilled nursing facilities that did not have any documented medical necessity. Additionally, in those situations where the psychotherapy sessions were medically necessary, Carenow allegedly upcoded its services and billed Medicare and Medicaid at higher reimbursing procedural codes. Consistent with the Justice Manual, the settlement includes credit to Carenow for immediately cooperating with the government in this investigation and for promptly taking steps to remediate the conduct described above.
This settlement resolves a lawsuit filed in the U.S. District Court for the Northern District of Georgia styled United States and Georgia ex rel. Whitaker v. Carenow Services, LLC, No. 1:17-CV-1314-ELR (N.D. Ga.) by a former Carenow employee under the qui tam or whistleblower provisions of the False Claims Act, which permit private citizens to bring lawsuits on behalf the United States and obtain a portion of the government’s recovery. The whistleblower in this case will receive a share of the government’s recovery.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the Georgia Medicaid Fraud Control Unit, and Health and Human Services—Office of the Inspector General, and the Federal Bureau of Investigations.
The civil settlement was reached by Assistant U.S. Attorney Armen Adzhemyan, who is the civil Elder Justice Coordinator, and Georgia Assistant Attorney General Sara Vann. The claims resolved by this settlement are allegations only and there has been no determination of liability.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Gang member with over a dozen felonies convicted again of firearms offenseRead the Press Release
HOUSTON – A 40-year-old Houston resident has admitted to being a felon in possession of a firearm while on supervised release from a previous conviction of the same crime, announced Acting U.S. Attorney Jennifer B. Lowery.
John Christopher Wolford is a documented member of the Gangster Disciples street gang. He has 18 prior convictions. As such he is prohibited from possessing a firearm or ammunition per federal law.
On March 28, an employee of a convenience store on the 8400 block of Main Street in Houston noticed Wolford pacing back and forth outside the building with a gun in his hand. He contacted authorities. Upon their arrival, law enforcement confronted Wolford and discovered a loaded 9-mm, semi-automatic pistol in his pants.
Wolford’s prior convictions include drug trafficking, tampering with physical evidence, assault causing bodily injury and assault of a family member. The most recent was in 2019 when he pleaded guilty to another felon in possession charge. He received a 37-month prison sentence followed by three years of supervised release.
As part of his plea today, Wolford also admitted to violating the terms of that supervised release.
U.S. District Judge Keith Ellison accepted the plea and set sentencing for Nov. 10. At that time, Wolford faces up to 10 years in prison and a possible $250,000 maximum fine. He also faces up to an additional two years for supervised release violation.
Wolford was taken into custody pending that hearing.
The Houston Police Department and FBI conducted the investigation. Assistant U.S. Attorney Adam Laurence Goldman is prosecuting the case.
Frankfort Man Convicted of MurderRead the Press Release
LONDON, Ky. - A Frankfort, Kentucky man, Patrick Baker, 43, was convicted on Wednesday, by a federal jury sitting in London, of first-degree murder committed during a drug trafficking crime.
After 6 hours of deliberation, following an approximately 3-week trial, the jury convicted Patrick Baker of one count of first-degree murder during a drug trafficking crime. According to testimony at trial, Baker fatally shot Donald L. Mills, Jr., 29, during an armed home invasion on May 9, 2014 in the Stinking Creek community. Mr. Mills’ pregnant wife and children were held at gunpoint while Baker ransacked the victims’ home for oxycodone pills. Baker entered the Mills’ home posing as a United States Marshal.
According to the evidence at trial, the KSP firearm forensics’ laboratory tied shell casings recovered from the victim’s master bedroom to Baker’s Kel Tec PF9. The Kel Tec 9mm was later recovered from a mud pit in Bell County past the “Bridge to Nowhere.” A surveillance video from the London Dollar General showed Baker purchasing plastic handcuff approximately 7 hours before the murder. The same handcuffs were later recovered feet from where the victim was fatally shot. Furthermore, cell tower data was used to trace Baker’s movements throughout May 8th and 9th, 2014 from London, to Stinking Creek, to Bell County.
Baker was indicted in May 2021.
“At its core, this case was about one thing: Patrick Baker’s role in the death of Donald Mills,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky. “Having heard the evidence, the jury found him guilty. I want to commend the steadfast work of our law enforcement partners and our trial team. This case warranted their dedication, and the jury’s verdict justifies their thorough effort.”
“Today’s guilty verdict sends a significant message and demonstrates our commitment to justice,” stated ATF Special Agent in Charge R. Shawn Morrow of the Louisville Division. “The result of this case would not have been possible without the excellent work of the ATF London Office, our law enforcement partners, and the United States Attorney’s Office. An examination of the evidence was overwhelmingly in support of Patrick Baker’s guilt. This case is a strong example of the work ATF is doing, every day, to combat violent crime in our communities.”
Acting United States Attorney Shier; Special Agent in Charge Morrow; and Colonel Phillip Burnett, Jr., Commissioner, Kentucky State Police, jointly announced the conviction.
The investigation was conducted by Bureau of Alcohol, Tobacco, Firearm and Explosives and the Kentucky State Police. The United States was represented in the case by Assistant U.S. Attorney Jenna Reed.
Baker will appear for sentencing on December 21, 2021. He faces up to life in prison. However, the Court must consider the U.S. Sentencing Guidelines and the applicable federal sentencing statutes before imposing a sentence.
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Former Syracuse Postal Worker Sentenced for Stealing Mail in LiverpoolRead the Press Release
SYRACUSE, NEW YORK – Quayshaun Mitchell, age 28, of Syracuse, was sentenced today to serve 6 months of home detention, to be followed by 3 years of supervised release, for helping another person steal mail from United States Postal Service (USPS) collection boxes.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Joshua McCallister, Acting Postal Inspector in Charge of the Boston Division of the U.S. Postal Inspection Service; and Matthew Modafferi, Special Agent in Charge of the USPS Office of Inspector General-Northeast Region.
Mitchell was also ordered to perform 150 hours of community service.
On February 25, 2021, Mitchell pled guilty to one count of possession with the intent to unlawfully use a USPS key, and one count of aiding and abetting the theft of mail.
As part of his guilty plea, Mitchell admitted that on March 5, 2020, he provided a USPS arrow key to his co-defendant Kevin Williams so that Williams could open USPS blue collection boxes in Liverpool, New York, and steal mail from the boxes. Mitchell also admitted that he gave Williams a USPS letter carrier uniform jacket and mail satchel to wear so that Williams would look like a USPS employee as he improperly accessed the collection boxes. Williams stole mail contained in the USPS blue collection boxes, including 49 pieces of first-class mail with checks totaling $67,883.91.
Williams also pled guilty to one count of possession with the intent to unlawfully use a USPS key and one count of theft of mail. Williams was sentenced on May 12, 2021 to serve 6 months of home detention, followed by 3 years of supervised release, and ordered to perform 120 hours of community service.
This case was investigated by the United States Postal Inspection Service (USPIS) and the United States Postal Service-Office of Inspector General (USPS-OIG), and was prosecuted by Assistant U.S. Attorney Tamara Thomson.
Former Nurse Charged with Tampering with Consumer ProductsRead the Press Release
An indictment was unsealed today charging former registered nurse Mary Cheatham, 41, of Ypsilanti, MI, with one count of tampering with a consumer product, specifically the Schedule II controlled substance hydromorphone, which is used for pain relief, announced Acting United States Attorney Saima Mohsin.
Mohsin was joined in the announcement by Special Agent in Charge Lynda Burdelik, Food and Drug Administration (FDA).
According to the indictment, while working as a licensed registered nurse at DMC Sinai-Grace Hospital, Cheatham tampered with vials and syringes containing hydromorphone which she knew were intended to be administered to patients for the purpose of pain relief in the critical care unit of the hospital. She removed the hydromorphone from the vials and syringes; replaced the hydromorphone with another liquid, and returned the adulterated containers knowing they could be administered to patients at the hospital.
Acting United States Attorney Mohsin stated, “In order to protect the health and safety of our citizens, we take crimes like this seriously and will not hesitate to prosecute health care workers whose theft of drugs put patients in harm’s way.”
Patients should know they are receiving proper treatment from those entrusted with their medical care,” said Special Agent in Charge Lynda M. Burdelik, FDA Office of Criminal Investigations Chicago Field Office. “We must hold medical personnel accountable when they take advantage of their unique position and tamper with medications their patients need, potentially exposing them to contaminated medical products.”
This case is being prosecuted by Assistant United States Attorneys Mitra Jafary-Hariri and Regina R. McCullough. The case was investigated by special agents of the Food and Drug Administration.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Member of New Bedford Latin Kings Chapter Pleads Guilty to Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) pleaded guilty today to racketeering charges.
Tyson Jorge, a/k/a “King Music,” 35, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Nov. 16, 2021.
During today’s hearing, Jorge admitted to his membership in the New Bedford Latin Kings’ racketeering conspiracy and his involvement in the gang’s drug distribution efforts throughout the City. Jorge further admitted that he attended gang meetings in which violence against rival gang members was discussed.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Jorge is the 49th defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $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; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorneys Philip A. Mallard and Mark J. Grady of Mendell’s Criminal Division are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Delaware Resident Pleads Guilty in Federal Court to Mailing ThreatsRead the Press Release
WILMINGTON, Del. – A former Delaware resident pleaded guilty today in the U.S. District Court for the District of Delaware to two counts of mailing threatening communications in Delaware.
According to court documents, Michael Protack, 63, mailed two explicit death threats to a Delawarean in January and February of 2021. The January letter threatened death by a date certain. The February threat included a graphic image of a dead body. Both threatening communications were sent anonymously. Protack pleaded guilty to mailing both letters and faces a maximum penalty of five years in prison on each count.
David C. Weiss, U.S. Attorney for the District of Delaware, made the announcement after U.S. District Judge Richard G. Andrews accepted the plea. Judge Andrews will sentence the defendant on December 6, 2021, after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“Using the U.S. mail to threaten injury or death to others is a serious federal crime, stated U.S. Attorney Weiss. The defendant’s threats were graphic, violent, and specifically designed to inspire fear. My Office will do what is necessary to ensure that the U.S. Postal Service is not used as a communication vehicle for violent threats.”
“Using the United States Mail to make anonymous violent threats against another person is a federal crime,” said Damon Wood, Postal Inspector in Charge of Philadelphia Division of the Postal Inspection Service. He added that “Violent threats in the mail are exceedingly rare in 2021, but when they occur, the United States Postal Inspection Service will work to hold accountable those who made the threats. I want to thank our law enforcement partners and the U.S. Attorney’s Office for helping us keep the mail safe and free of violence.”
“We consider any threat to life a serious threat. These were disturbing, calculated messages sent by Mr. Protack and he now faces up to 10 years in prison for his actions,” said Thomas J. Sobocinski, Special Agent in Charge of the FBI Baltimore Field Office. “These types of cases are aggressively investigated by the FBI, Postal Inspectors and our law enforcement partners, and those who violate federal law will be held accountable.”
This case has been investigated by the U.S. Postal Inspection Service and the FBI Baltimore Division Wilmington Resident Office, with assistance from the Delaware State Police. Assistant U.S. Attorney Briana Knox is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 1:21-cr-0042-RGA.
Former Clay County Sheriff’s Deputy Sentenced to 35 Years in Federal Prison for Sexually Exploiting ChildrenRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Travis Ryan Pritchard (38, Green Cove Springs) to 35 years in federal prison for producing an image of a 15-year-old child being sexually abused and one count of possessing an image of a prepubescent child being sexually abused. Pritchard was also ordered to serve a lifetime term of supervised release and to register as a sex offender. Pritchard had pleaded guilty on October 21, 2020.
According to court documents, Pritchard was employed as a deputy with the Clay County Sheriff’s Office, assigned to the DUI unit, at the time of the offenses. From December 2019 through May 2, 2020, Pritchard used a popular online chat application (app) to communicate with a 15-year-old girl whom he had sexually abused on a weekly basis. On April 29, 2020, an undercover detective from the Green Cove Springs Police Department assumed the child’s online identity and continued chatting with Pritchard using the online chat app. Late in the night of May 1, 2020, and into the early morning hours of the next day, Pritchard encouraged the “child” to sneak out of her home to meet with him for a “quickie.” In anticipation of their meeting, he sent the “child” a photograph of himself from the waist down, wearing only boxer shorts. At approximately 2:00 a.m. on May 2, 2020, Pritchard arrived near the child’s home to pick her up in his patrol vehicle, and sent the “child” a message saying, “I’m here.” A short time later, Pritchard was arrested by officers from the Green Cove Springs Police Department.
A forensic review of Pritchard’s cellular telephone revealed many conversations between the child and Pritchard, as well as an encrypted digital folder containing numerous visual depictions of child sexual abuse. This included an image of the sexual abuse of the 15-year-old produced at the direction of Pritchard, as well as an image of the rape of a prepubescent female child.
“All child sexual abuse is appalling, but when this crime is committed by someone in a position of trust, it is beyond comprehension,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “Thanks to our HSI special agents and our local law enforcement partners, this perpetrator will no longer be in a position to harm children.”
“The Green Cove Springs Police Department is committed to serving our community and protecting our citizens against all evil, even when that evil comes hiding behind a badge,” said Commander John Guzman. “As a law enforcement officer, Mr. Pritchard betrayed those who trusted him the most and now he will have to pay for his crimes.”
This case was investigated by the Green Cove Springs Police Department and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Foreign national found guilty of smuggling over $1M in methRead the Press Release
LAREDO, Texas – A Laredo federal jury has convicted a 32-year-old Mexican citizen for conspiracy to import and importation of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
The jury deliberated for approximately three hours before convicting Juan Victor Larraga-Solano following a two-day trial.
On March 8, 2020, Larraga-Solano attempted to enter the United States through the Lincoln-Juarez International Bridge in Laredo. He claimed he was importing glass beer bottles, juice boxes and meat contained in coolers from Mexico.
Law enforcement inspected the items and noticed that, when shaken, the juice boxes sounded as if they contained rocks. Further, the alleged beer did not have any bubbles. A follow up X-ray examination also revealed anomalies in the walls of the coolers. Authorities conducted a thorough inspection and found 56 packages of meth and 12 beer bottles containing liquid meth.
Overall, authorities seized a total of 44.56 kilograms of meth from Larraga-Solano. During trial, the jury heard the total estimated street value was in excess of $1.1 million.
Testimony also revealed that Mexican cartels have increased the price of meth to raise demand for less expensive drugs like cocaine and marijuana.
U.S. District Judge Marina Garcia Marmolejo presided over trial and set sentencing for Nov. 30. At that time, Larraga-Solano faces up to life in federal prison and a possible $10 million maximum fine.
Larraga-Solano will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection, Drug Enforcement Administration and Border Patrol. Assistant U.S. Attorneys Adam E. Harper and Brandon S. Bowling are prosecuting the case.
Ensley Man Sentenced to More Than 16 Years in Prison for Four Armed RobberiesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced an Ensley man in connection with four armed robberies, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Explosives, and Firearms Special Agent in Charge Mikey French.
U.S. District Judge R. David Proctor sentenced Eric Tyree Blanding, 47, to 198 months in prison. Blanding pleaded guilty to four counts of Hobbs Act Robbery, one count of carrying and brandishing a firearm during and in relation to a crime of violence, and one count of being a felon in possession of a firearm.
“As today’s sentence makes plain, armed robbery is a serious federal crime deserving of serious prison time,” U.S. Attorney Escalona said. “To achieve long-term reductions in violent crime, my office focuses our efforts on those offenders who are the most violent and who commit the most serious crimes.”
“Removing the criminal element that uses a firearm to facilitate violent crimes such as a robbery is a priority of ATF,” ATF Special Agent in Charge Mickey French stated.
According to the plea agreement, Blanding committed four robberies at three different Family Dollar stores in Birmingham by brandishing a firearm at store employees and taking cash and other property. The robberies occurred in May and June of 2019.
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.
ATF investigated the case. Assistant U.S. Attorney Kristy Peoples prosecuted the case.