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6 October 2021
Two Lyon County Men Sentenced for Causing 3,900-Gallon Oil Spill into Yellow Medicine RiverRead the Press Release
MINNEAPOLIS – Two Lyon County men have each been sentenced to one year of probation and ordered to pay $1,138,772.06 in restitution for causing thousands of gallons of oil to spill into the Yellow Medicine River.
According to court documents, on April 24, 2019, Eric Jay Weckwerth-Pineda, 25, of Cottonwood, Minnesota, and Tanner John Sik, 21, of Ivanhoe, Minnesota, traveled to the northwest side of Cottonwood Lake in Lyon County to a bridge that spans a dam between Cottonwood Lake and a creek called Judicial Ditch 24, which flows into the Yellow Medicine River. Weckwerth-Pineda and Sik took guns to the bridge to shoot. Sik used a DPMS AR-15 rifle to fire multiple shots at a diesel fuel pipeline that runs perpendicular across Judicial Ditch 24. Weckwerth-Pineda used the scope on his own rifle to spot Sik’s shots. Weckwerth-Pineda and Sik admit at least one shot struck and ruptured the pipe. Later that day, Weckwerth-Pineda and Sik returned to the area and saw that the pipeline was leaking and reported the leak to the authorities.
According to court documents, the owner of the pipeline, Magellan Midstream Partners, L.P., claimed that the pipe’s rupture caused at least 3,906 gallons of diesel fuel to spill into Judicial Ditch 24 at a cost of approximately $1,122,617.64 to clean up the spill and repair the pipeline. The Environmental Protection Agency also expended $16,154.42 in assisting in the clean-up operation.
“We hope that today’s sentencings cause people to think twice before engaging in irresponsible and reckless behavior in the vicinity of an active pipeline,” said Andrea M. Kropf, Special Agent-in-Charge, Midwestern Region, U.S. Department of Transportation Office of Inspector General. “Working with our federal law enforcement and prosecutorial partners, we will continue our vigorous efforts to protect the safety and integrity of the pipeline transportation system, as well as our nation’s natural resources and environment.”
This case was the result of an investigation conducted by the Environmental Protection Agency, the Department of Transportation Office of the Inspector General, the U.S. Coast Guard, the Lyon County Sheriff’s Office, and the Lyon County Attorney’s Office.
This case was prosecuted by Assistant U.S. Attorney Emily A. Polachek.
Two Former St. Tammany Parish Sheriff’s Deputies Sentenced to 50 Months Imprisonment for Their Roles in Kickback and Bribery Scheme Involving Contract for Privatization of Work Release Program in St. Tammany ParishRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that DAVID HANSON, age 63, from Abita Springs, Louisiana, and CLIFFORD “SKIP” KEEN, age 53, from Covington, Louisiana, were each sentenced today to 50 months imprisonment by United States District Judge Ivan L.R. Lemelle, after they previously pleaded guilty as charged to a one-count Bill of Information charging them with conspiracy to commit honest services wire fraud and soliciting a bribe, in violation of 18 U.S.C. '' 371, 1343, 1346, and 666(a)(1)(B). The charges stemmed from their roles in the privatization of a work release program in Slidell, Louisiana, that operated between 2013 and 2016. Additionally, HANSON and KEEN were sentenced to three (3) years of supervised release, a $10,000 fine and a $100 mandatory special assessment fee. Restitution ordered without prejudice, with the amount to be determined at a later date.
According to court documents, HANSON and KEEN, each of whom worked as Captains with the St. Tammany Parish Sheriff’s Office (STPSO) discussed with then-Sheriff Rodney J. (“Jack”) Strain about becoming owners of a work release program in Slidell, Louisiana that Strain decided to privatize. As sheriff, Strain had authority, among other things, to enter into certain contracts binding STPSO, including professional service contracts, unilaterally. Because STPSO rules prohibited employees from “participating in a transaction in which he has a personal substantial economic interest of which he may be reasonably expected to know involving the governmental entity,” HANSON and KEEN would have had to resign from STPSO—thereby losing their salaries and future pension increases—if they wanted to assume ownership and control of the Slidell work release program. HANSON, KEEN, and Strain discussed ways to allow HANSON and KEEN to maintain their employment and still profit from the Slidell work release program. Ultimately, HANSON, KEEN, and Strain agreed to make KEEN’s adult son (Person 1) and HANSON’s adult daughter (Person 2) owners of the Slidell work release program.
HANSON, KEEN, and Strain agreed that they needed to find another individual actually to operate the Slidell work release program because Person 1 and Person 2 lacked sufficient education, training, experience, or funding. They decided on Person 3, to whom HANSON presented a series of conditions, including the following: Person 1 and Person 2 would each own forty-five (45) percent of the Slidell work release program and would each receive forty-five (45) percent of the profits, while Person 3 would own ten (10) percent, receive ten (10) percent of the profits, and receive a salary; and Person 3 would be responsible for the daily operations of the Slidell work release program. Person 3 was also responsible for providing the capital necessary to initiate the program. On about May 1, 2013, Person 1, Person 2, and Person 3 entered into an operating agreement that created St. Tammany Workforce Solutions, LLC, in which Person 1 and Person 2 each had a forty-five percent ownership interest and Person 3 had only a ten percent ownership interest.
On June 4, 2013, Strain entered into a cooperative endeavor agreement (“privatization agreement”) on behalf of STPSO with St. Tammany Workforce Solutions, LLC to operate the Slidell work release program. Although Person 1 and Person 2 acted effectively as passive members and did not participate substantially in the operation, oversight, or administration of the Slidell work release program, Person 3 was required to pay Person 1 and Person 2 salaries in addition to their ownership disbursements. Person 3 was also directed to pay Person 4, who was Strain’s relative and an employee at STPSO, approximately $30,000 per year for a no-show job at the Slidell work release program.
During the time St. Tammany Workforce Solutions, LLC operated the Slidell work release program, Person 1 and Person 2 received not less than $1,195,000 from St. Tammany Workforce Solutions, LLC in the form of ownership disbursements, salary payments, and occasional lump sum miscellaneous payments. Person 1 received no fewer than 145 payments totaling over $550,000, and Person 2 received no fewer than 131 payments totaling over $600,000. Person 1 and Person 2 converted the majority of the money they received from St. Tammany Workforce Solutions, LLC to cash. At the request of KEEN and HANSON, Persons 1 and 2 then transferred a significant portion of the funds back to their fathers.
Additionally, HANSON, KEEN, and Strain understood that Strain would receive financial compensation from them in exchange for bestowing the right to operate the Slidell work release program on St. Tammany Workforce Solutions, LLC. HANSON and KEEN each gave Strain a portion of the payments they received from St. Tammany Workforce Solutions LLC, through Person 1 and Person 2, in cash payoffs in amounts greater than $1,000 on a recurring basis in exchange for Strain bestowing the right to operate the Slidell work release program on St. Tammany Workforce Solutions LLC. HANSON also arranged for Strain’s son to receive a check in the amount of $4,000 because Strain gave the contract to operate the Slidell work release program to St. Tammany Workforce Solutions, LLC. HANSON, KEEN, Strain, and others attempted to conceal the scheme by, among other things, not including in the privatization agreement the fact that Strain would receive financial compensation in exchange for bestowing the right to operate the Slidell work release program on St. Tammany Workforce Solutions LLC, communicating by cellular telephone, and providing most of the money to Strain in the form of cash.
Strain was indicted in a sixteen-count indictment by a federal grand jury separately on August 29, 2019. See United States v. Strain, 19-173 “H” (E.D. La.). Trial in that matter is scheduled to begin on December 6, 2021.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the Internal Revenue Service – Criminal Investigation Division and thanks the Metropolitan Crime Commission for its assistance. Assistant United States Attorneys Jordan Ginsberg, the Public Corruption Unit Chief, and Elizabeth Privitera, the Violent Crime Unit Chief, are in charge of the prosecution.
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Two Colorado Men Found Guilty of Executing Pine Ridge ManRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Francisco Villanueva and Adan Corona of Denver, Colorado, were convicted of multiple crimes following a two-week federal jury trial held in Rapid City, South Dakota. The guilty verdicts were returned on September 29, 2021.
Villanueva, age 43, previously convicted of murder in Colorado in the mid-1990s, and Corona, age 35, were charged with First Degree Premeditated Murder, First Degree Felony Murder, Conspiracy to Commit Assault, Use of a Firearm During a Crime of Violence, and Possession of Ammunition by a Prohibited Person.
The conviction stems from the October 16, 2016, shooting death of Vincent Von Brewer III in front of the SuAnne Big Crow Center in Pine Ridge, South Dakota. Villanueva and Corona shot Brewer 15 times with an assault rifle and a 9mm handgun, as Brewer attempted to flee from the defendants.
The investigation was conducted by the Federal Bureau of Investigation, Oglala Sioux Tribe Department of Public Safety Criminal Investigations, and the Denver and Aurora, Colorado, Police Departments. The investigation was also supported by numerous other state and federal law enforcement agencies.
Assistant U.S. Attorneys Sarah Collins and Benjamin Patterson prosecuted the case. Both defendants face lifetime terms of imprisonment. A sentencing date has not been set.
Two Brothers from Ohio Sentenced for Overdose Death from FentanylRead the Press Release
DETROIT - Two brothers from Oregon, Ohio have been sentenced on charges of distributing and conspiring to distribute fentanyl resulting in the overdose death of a victim, announced Acting United States Attorney Saima Mohsin.
Joining Mohsin in the announcement were Special Agent in Charge Keith Martin, Drug Enforcement Administration, Detroit Division, and Chief Charles F. McCormick IV, Monroe Police Department.
Both Harry Clifford Wise, 39, and James Allen Wise, 32, received a sentence of 96 months in federal prison.
According to court records, on April 1, 2017, the Monroe Police Department responded to a house in the 300 block of E. 4th St. on a report of a deceased 33-year-old male. An investigation revealed that the male victim had died of an opioid overdose. The Monroe Police Department conducted a thorough investigation which uncovered that two brothers from Oregon, Ohio had supplied the victim with the mixture of fentanyl and heroin that took his life.
Both brothers were indicted on December 4, 2018, on charges of delivery of fentanyl and heroin causing death and conspiracy to distribute fentanyl and heroin. Harry Wise pleaded guilty on August 22, 2019 and James Wise pleaded guilty on September 5, 2019. Their sentencings were delayed due to the COVID-19 pandemic.
Also charged in this case was Odell McGee, a drug source for the Wises. McGee pleaded guilty to the fentanyl/heroin conspiracy and was sentenced to 120 months in federal prison on September 21, 2021.
"Overdose deaths from heroin and fentanyl are a national epidemic, including here in Michigan," Mohsin said. "Law enforcement agencies are working closely together to investigate and prosecute traffickers who are contributing to this epidemic."
DEA Special Agent in Charge Martin said, “It is a priority of DEA to identify and investigate those who distribute drugs that result in overdose and death. The charges announced today should make it clear to all drug dealers that they will face consequences, for the harm that they inflict on the user and on society. The Monroe Police Department deserves significant credit for devoting the time and effort needed to successfully investigate and bring these individuals to prosecution.”
Monroe Police Chief Charles F. McCormick IV stated, “I would like to thank the DEA for their partnership in this investigation, and a special thank you to MPD’s D/Lt. Derek Lindsay for his relentless efforts to seek justice in this case”.
This investigation was led by the Monroe Police Department in partnership with the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Andrew Lievense.
The U.S. Attorney’s Office for the Northern District of Ohio Recognizes Community Policing WeekRead the Press Release
October 3 through October 9 is recognized as National Community Policing Week in the United States. During this week, the U.S. Attorney’s Office for the Northern District of Ohio encourages residents and law enforcement to recommit to building relationships and increasing trust between law enforcement and those they serve.
Community policing is the practice of law enforcement professionals working side-by-side with members of their communities to keep neighborhoods safe. This strategy is a critical and proven tool used by law enforcement agencies across the United States to improve public safety and forge strong, valuable relationships. A successful community policing plan recognizes the role that both community members and law enforcement officers play in advancing public safety.
In Cleveland, the Department of Justice and the City of Cleveland entered into an agreement to, among other objectives, implement a community and problem-oriented policing plan. This plan relies upon partnerships between law enforcement and the community to proactively address public safety issues. All members of the Cleveland Division of Police are responsible for engaging in community and problem-oriented policing to strengthen the bonds between the community and law enforcement.
The U.S. Attorney’s Office is asking law enforcement agencies and all community members to commemorate the week by recognizing similar ways to improve public safety, build trust and strengthen community relationships.
To support community policing efforts, the Department of Justice Office of Community Oriented Policing Services (COPS) announced over $33 million in funding to advance the practice of community policing in law enforcement, including a $250,000 grant to the City of Cleveland for the implementation of Crisis Intervention Teams. Community Policing Development (CPD) program funds are used to support promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities.
Additionally, to commemorate Community Policing Week, The COPS Office announced the launch of the eighth annual “Community Policing in Action” Photo Contest. The contest, piloted in 2014, has received widespread support from law enforcement for providing a platform that visually demonstrates community policing and emphasizes the importance of building and maintaining relationships with community members.
The COPS Office will select 12 winning photos to be featured on the COPS Office website and its Twitter and Facebook headers for one month during the 2022 calendar year. The winners will also be featured in the COPS Office newsletter, the Community Policing Dispatch, as well as in a COPS Office-issued press release.
The submission deadline is Tuesday, November 2, 2021, at 8 PM ET.
For more information about the COPS office, grant opportunities and the photo contest, visit https://cops.usdoj.gov/
Texas Woman Sentenced to 6 Months in Federal Prison for Selling Deadly Weight Loss Drug to ConsumersRead the Press Release
BAY CITY – A Texas woman was sentenced today to six months in federal prison for introducing a misbranded drug into interstate commerce, 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).
Sentenced was Judith Holloway 34, of Watauga, Texas. Holloway pleaded guilty before United States Magistrate Judge Patricia Morris on June 2, 2021.
According to court documents, 2,4-Dinitrophenol (DNP) is a chemical substance that, when ingested, causes rapid loss of weight, but is also associated with a high rate of adverse effects including cataracts, hyperthermia, tachycardia, cardiac arrhythmia, and death. In 1938, the U.S. Food and Drug Administration (FDA) declared DNP to be extremely dangerous and not fit for human consumption. At that time, the FDA announced publicly that it would prosecute those who manufacture and distribute DNP for use as a drug.
According to the indictment, between October 2018 and May 2020, Holloway sold DNP to consumers throughout the United States and in a number of foreign countries and misbranded the substance as a yellow pigment powder. Holloway purchased bulk DNP and utilized eBay and other websites to market and sell the drug over the internet. Holloway did not label the package as DNP, nor did she include any directions or warnings regarding the use of the drug when she mailed it to consumers. The defendant also utilized eBay and other means to post DNP for sale to consumers as a pigment powder. The defendant listed DNP on eBay and falsely labeled the DNP as “Yellow Pigment Powder DNP.” eBay removed her listings for violating the company’s policy prohibiting the sale of hazardous items, medicines and drugs that require a prescription or are labeled Rx/Rx only on the packing as required by the FDA. The defendant was undeterred by the removal and relisted the DNP on eBay on three separate occasions utilizing a different email address and false label.
Acting United States Attorney Mohsin stated, “This sentence should send a clear message to those who would profit from the sale of dangerous unapproved drugs that we will utilize every tool at our disposal to vigorously prosecute you in order to protect the health and safety of the general public. We urge everyone to refrain from ingesting DNP for any reason.”
“Ignoring FDA requirements and selling dangerous unapproved drugs online can cause serious harm to those who use the drugs,” said Special Agent in Charge Lynda M. Burdelik, FDA Office of Criminal Investigations Chicago Field Office. “We will continue to investigate and bring to justice those who jeopardize consumers’ health.”
This case was prosecuted by Assistant United States Attorney Regina R. McCullough. The case was investigated by special agents of the Food and Drug Administration.
Syracuse Man Sentenced to 20 Years on Child Exploitation ConvictionsRead the Press Release
SYRACUSE, NEW YORK - Austin Pratt, age 24, of Syracuse, was sentenced in federal court today to serve 20 years in prison for Sexual Exploitation of a Child and Distribution of Child Pornography, announced Acting United States Attorney Antionette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Kevin Bruen.
As a part of his earlier guilty plea, Pratt admitted that he used the Instagram name “redneck_pratt” to message with a person who represented themselves to be a 15-year-old girl, but who law enforcement later confirmed was an adult male from Nevada. Pratt admitted that in exchange for sexually explicit images from the “girl,” he sexually abused a 10-year-old child, produced images and a video of that abuse, and sent the images and video to the person he believed to be a 15-year-old girl.
In addition to the 20-year term of imprisonment, United States District Judge Hon. David N. Hurd imposed a term of 20 years of supervised release which will follow the term of incarceration. Pratt will also be required to register as a sex offender upon his release from federal prison.
This case was investigated by the Federal Bureau of Investigation (FBI), Syracuse Resident Agency and the New York State Police as a part of the Mid-State Child Exploitation Task Force, in cooperation with the Syracuse Police Department and the Onondaga County District Attorney’s Office. It was prosecuted by Assistant U.S. Attorney Lisa M. Fletcher, Project Safe Childhood Coordinator for the Northern District of New York.
Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Statement from Attorney General Merrick B. Garland Regarding Texas SB8Read the Press Release
Attorney General Merrick B. Garland tonight issued the following statement regarding the U.S. District Court’s decision to issue a preliminary injunction blocking enforcement of Texas Senate Bill 8. On Sept. 9, the Justice Department filed a lawsuit to prevent the State of Texas from enforcing the law, which effectively bans most abortions in the state.
“Today’s ruling enjoining the Texas law is a victory for women in Texas and for the rule of law. It is the foremost responsibility of the Department of Justice to defend the Constitution. We will continue to protect constitutional rights against all who would seek to undermine them.”
Spokane Native Vanessa R. Waldref to be Sworn in as United States Attorney for the Eastern District of WashingtonRead the Press Release
Spokane, Washington – On October 7, 2021, Vanessa R. Waldref will be sworn in as the United States Attorney for the Eastern District of Washington. In a ceremony that will be held on Thursday afternoon, Chief United States District Judge Stanley A. Bastian will administer the oath of office to U.S. Attorney Waldref, making her the chief law enforcement officer for the Eastern District. U.S. Attorney Waldref was nominated by President Biden on July 26, 2021, and was confirmed by the U.S. Senate on September 30, 2021. She will be the first woman to serve as U.S. Attorney for the Eastern District.
U.S. Attorney Waldref said, “It is an honor and privilege to serve as United States Attorney, and to lead an Office of dedicated public servants who work every day to pursue justice and build a safe and strong community in Eastern Washington. I look forward to working closely with our federal, state, local, and Tribal law enforcement partners to fulfill the mission of the Department of Justice. The U.S. Attorney’s Office will continue to investigate and prosecute the most serious offenders in our community, and will work tirelessly to protect the people of this District from violent crime, child exploitation, fraud, corruption, drug trafficking, and environmental degradation.”
U.S. Attorney Waldref has spent the majority of her legal career in the Department of Justice. Since 2013, she has served as an Assistant United States Attorney and as a Trial Attorney with the Department’s Environment and Natural Resources Division. An expert on regulatory, employment, and environmental law, U.S. Attorney Waldref has taught a number of courses at the Gonzaga University Law School as an adjunct professor. She has won numerous awards for her teaching and mentorship of law students, including the prestigious Myra Bradwell Woman of the Year award in 2021.
Prior to joining the Department of Justice, U.S. Attorney Waldref was in private practice at law firms in Spokane and Washington, D.C., where she specialized in complex litigation and labor and employment law. She began her legal career as a law clerk to United States District Judge John D. Bates in the District of Columbia. After graduating as valedictorian from Gonzaga Prep in Spokane, she went on to graduate magna cum laude and Phi Beta Kappa at Georgetown University and magna cum laude and Order of the Coif from the Georgetown University Law School. She is proud to have been born and raised in Northeast Spokane.
U.S. Attorney Waldref welcomed the responsibilities that come with her new duties. She pledged to serve and protect all the people of the Eastern District, while ensuring a commitment to fairness and equality. “The U.S. Attorney’s Office will vigorously prosecute federal offenses with all the tools at our disposal, including the enforcement of federal civil rights for everyone. We are at an inflection point where we must decide what kind of society we want to be. All of us — conservatives and liberals, law enforcement officers and social justice activists, prosecutors and members of the community — are called upon to work together toward our shared American ideal of equal justice under law.”
U.S. Attorney Waldref thanked Assistant U.S. Attorney Joseph H. Harrington, who has served as the Acting U.S. Attorney since March, for his dedicated service: “I have incredible respect for the Office and the hard work and dedication of its leadership, especially during the pandemic. We are fortunate in the Eastern District to have a U.S. Attorney’s Office made up of such professional and enthusiastic attorneys and support staff. These public servants routinely sacrifice their personal and family time to protect and enforce the rights we all hold dear. Having served in the trenches with this group, I know how committed they are to seeking justice. I am honored and ready to serve with them.”
The Eastern District of Washington encompasses a geographical area of approximately 41,826 square miles east of the Cascade Mountains, and is populated by more than 1.3 million people. The Eastern District includes the counties of Spokane, Lincoln, Douglas, Chelan, Okanogan, Ferry, Stevens, Pend Oreille, Grant, Adams, Whitman, Garfield, Asotin, Columbia, Walla Walla, Franklin, Benton, Klickitat, Yakima, and Kittitas. U.S. Attorney Waldref will work with Assistant U.S. Attorneys and support staff at offices in Spokane and Yakima, and will continue to evaluate the needs of the District for other staffed offices.
Chief Judge Bastian will perform the swearing-in ceremony for U.S. Attorney Waldref at 4:00 p.m. on Thursday, October 7, 2021, in Courtroom 755 at the Tom Foley United States Courthouse, located at 920 W. Riverside Avenue in Spokane. Chief Judge Bastian and U.S. Attorney Waldref are expected to make brief remarks. The ceremony is open to the public on a first-come, first-served basis for seating. Face masks are required in all public spaces in the federal courthouse, and visitors should expect airport-style security at the front of the building.
South Carolina Man Receives 7½ Years for Sex TraffickingRead the Press Release
NEW BERN, N.C. – A Marion, South Carolina man was sentenced today to 90 months in prison for sex trafficking. Enrique Tyreek Williams was also ordered to pay $5,600 in restitution to his victim. On June 23, 2020, Williams pleaded guilty to one count of transporting the victim across state lines for the purpose of prostitution.
According to court documents and other information presented in court, Williams, 23, offered to let a homeless 18-year-old female live with him. After the victim was isolated from family and friends, with no money, no job, and no phone, Williams revealed his plan to have her prostitute for him. Fearing physical violence and feeling she had no choice, the victim complied. In late Summer and early Fall 2018, Williams proceeded to prostitute the victim in South Carolina, Georgia, and North Carolina, including approximately 8 prostitution trips to Wilmington, NC. Williams controlled all aspects of the prostitution and took all the money the victim earned. The victim’s fears of physical violence were realized, as she reported approximately 20 instances of physical violence by Williams in their short time together. In particular, investigators obtained evidence from an October 1, 2018 incident in which Williams dragged the victim out of a house by her hair and violently attacked her in front of numerous witnesses. Williams even video-recorded the attack on his phone. Police responded and the victim was transported to the hospital and treated. Shortly after, Williams told the victim she owed him and again took her to Wilmington to prostitute. During the trip, Williams was caught in an undercover sting operation and investigators recovered the victim.
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. Mr. Acker commented: “This case is about the victim, who suffered at the hands of a greedy trafficker. Our community will not tolerate perpetrators like this defendant targeting vulnerable victims for their profit.” The Federal Bureau of Investigation and New Hanover County Sheriff’s Office investigated the case, and Assistant U.S. Attorney Bryan Stephany 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. 7:19-CR-00149-FL.
Shooting, wounding of pedestrian in Crow Agency sends Lodge Grass man to prison for seven yearsRead the Press Release
BILLINGS — A Lodge Grass man who admitted to shooting and wounding a pedestrian from his vehicle in Crow Agency was sentenced today to seven years in prison to be followed by three years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Fabian Cruz Dawes, 31, pleaded guilty in May to an information charging him with assault with a dangerous weapon.
U.S. District Judge Susan P. Watters presided.
In court documents filed in the case, the government alleged that on April 7, Dawes was parked in a car near a convenience store in Crow Agency, on the Crow Indian Reservation. Dawes then pulled up alongside of the victim, identified as John Doe, who was walking with another person, and had a short conversation. Dawes fired a single 9mm bullet at Doe, striking him in the leg, and drove away at a high rate of speed. Doe was treated for injuries at the Indian Health Services.
Assistant U.S. Attorney Lori Harper Suek prosecuted the case, which was investigated by the Bureau of Indian Affairs and FBI.
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Readout of Justice Department, HHS Listening Session on the Bipartisan COVID-19 Hate Crimes Act with Organizations Representing Communities Impacted by HateRead the Press Release
Yesterday, Attorney General Merrick B. Garland and Secretary of Health and Human Services Xavier Becerra co-hosted a listening session with stakeholders on the bipartisan COVID-19 Hate Crimes Act, which was signed into law by President Biden on May 20. Under the legislation, the Department of Justice and the Department of Health and Human Services (HHS), in coordination with the COVID-19 Health Equity Task Force and community-based organizations, are required to issue guidance aimed at raising awareness of hate crimes during the COVID-19 pandemic. The session was moderated by Associate Attorney General Vanita Gupta.
In keeping with the Biden-Harris Administration’s efforts to combat hate in all of its forms, the listening session was an opportunity for stakeholders, including Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) and other community-based and anti-hate advocacy organizations, to provide feedback to HHS and the Justice Department on the guidance. The diverse set of stakeholders represented the wide impact of increased hate and bias, and mutual support among impacted communities.
Attorney General Garland and Secretary Becerra opened the listening session by acknowledging that many in the AA and NHPI communities have faced two plagues during the pandemic — COVID-19 and violence motivated by bias — and expressed the Biden-Harris Administration’s commitment to confront both. They then detailed steps the administration is already taking through their agencies to address these urgent issues.
Attorney General Garland described how he has directed the Justice Department to take steps to improve incident reporting, increase law enforcement training and coordination at all levels of government, prioritize community outreach, and make better use of civil enforcement mechanisms. These efforts have included increasing investigative resources dedicated to civil rights cases, expediting the department’s review of hate crimes, increasing language access, and revitalizing the Community Relations Service.
Secretary Becerra described how HHS has established the COVID-19 Health Equity Task Force, re-invigorated the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders, which is housed at HHS, and invested millions of dollars in funding for AA and NHPI health care entities, among many others.
Following Attorney General Garland and Secretary Becerra’s opening remarks, Associate Attorney General Gupta moderated a conversation with stakeholders about the rise in hate crimes and hate incidents across the country, barriers to reporting these incidents, and what the guidance the Justice Department and HHS are required to issue should include. In response, community-based organizations emphasized the need for language access to communities, robust reporting systems for hate crime across federal and state agencies, various perspectives on the types and forms of guidance that would best serve impacted communities and policy ideas that will help treat hate crimes and bias-related incidents as a public health issue, among many others. Secretary Becerra, Attorney General Garland and Associate Attorney General Gupta closed the listening session by thanking the advocacy organizations for their participation, thoughtful dialogue, and commitment to advancing justice.
Stakeholders who would like to provide recommendations on the guidance are encouraged to submit their public comments to the Justice Department and HHS at [email protected].
Quemado Man Sentenced to Federal Prison for Harboring and Causing Serious Bodily Injury to an Illegal AlienRead the Press Release
DEL RIO – A Quemado man was sentenced last week to 235 months in prison for harboring and causing serious bodily injury to an illegal alien.
According to court records, Jorge Estrada-Torres, 33, harbored an illegal alien who he later shot in the abdomen. On June 1, 2020, Estrada pleaded guilty to one count of conspiracy to harbor illegal aliens resulting in serious bodily injury, one count of harboring illegal aliens resulting in serious bodily injury and one count of felon in possession of a firearm.
“Human smuggling is a dangerous business focused on profits, not people,” said U.S. Attorney Ashley C. Hoff. “We will proudly stand with our federal, state, and local law enforcement to end this perilous practice and bring human smugglers to justice.”
“This case illustrates the dangerous actions human smugglers are willing to take to ensure personal profit.” said Homeland Security Investigations Special Agent in Charge Shane Folden, San Antonio. “HSI is committed to bringing to justice the criminal organizations that prey on the vulnerable with no regard for the well-being of the people they smuggle.”
HSI investigated the case with assistance from the U.S. Border Patrol, Del Rio Sector and the Maverick County Sheriff’s Office.
Assistant U.S. Attorney James Ward prosecuted the case.
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Portland Area Heroin Dispatcher Sentenced to Federal Prison for Role in Drug Trafficking ConspiracyRead the Press Release
PORTLAND, Ore.—A Portland man with several prior drug trafficking convictions was sentenced to federal prison today for his role in a conspiracy to distribute large quantities of heroin in Oregon and Washington State.
Christian Zepeda-Quezada aka Miguel Agredano, 32, was sentenced to 130 months in federal prison and five years’ supervised release.
According to court documents, Zepeda-Quezada was a heroin dispatcher who used multiple drug dealers to distribute large quantities of heroin in Portland and Vancouver, Washington. In his role as dispatcher for the trafficking network, Zepeda-Quezada took heroin orders from customers by phone and arranged for dealers to hand-deliver the orders directly to the customers. As such, Zepeda-Quezada was insulated from direct exposure and faced less risk of harm than his co-conspirators.
Between January and August 2019, the U.S. Drug Enforcement Administration (DEA) and Clark Vancouver Regional Drug Task Force (CVRDTF) made multiple controlled purchases of heroin from Zepeda-Quezada’s network before obtaining a warrant to search Zepeda-Quezada’s Vancouver residence and other locations. On August 7, 2019, agents seized distribution quantities of heroin and cocaine from Zepeda-Quezada’s residence. Zepeda-Quezada was arrested during the search and ordered detained pending trial.
On August 6, 2019, a federal grand jury in Portland returned a five-count indictment charging Zepeda-Quezada and two co-conspirators—Javier Perez-Alejandre, 22, a California resident, and Angel Umanzor-Ardon, 21, of Portland—with conspiracy to distribute heroin and distribution of heroin.
On June 2, 2021, Zepeda-Quezada pleaded guilty to conspiracy to distribute heroin.
On October 20, 2020, Umanzor-Ardon pleaded guilty to conspiracy to distribute heroin and, on April 28, 2021, he was sentenced to 27 months in federal prison and five years’ supervised release.
Perez-Alejandre remains in custody pending a four-day jury trial scheduled to begin October 18, 2021.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by DEA with assistance from CVRDTF. It is being prosecuted by the U.S. Attorney’s Office for the District of Oregon.
Heroin is a leading cause of overdose deaths in the U.S. If you or someone you know suffers from addiction, please call the Lines for Life substance abuse helpline at 1-800-923-4357 or visit www.linesforlife.org. Phone support is available 24 hours a day, seven days a week. You can also text “RecoveryNow” to 839863 between 8am and 11pm Pacific Time daily.
Paterson Man Sentenced to 55 Months in Prison for Distributing FentanylRead the Press Release
NEWARK, N.J. – A Paterson, New Jersey, man was sentenced today to 55 months in prison for distributing fentanyl, Acting U.S. Attorney Rachael Honig announced.
Maurice Tisdale, 28, previously pleaded guilty before U.S. District Judge Brian R. Martinotti in Newark federal court to an information charging him with knowingly and intentionally distributing fentanyl. Judge Martinotti imposed the sentence today by videoconference.
According to documents filed in this case and statements made in court:
Tisdale is a member and associate of the 230 Boys street gang, which operates primarily around Rosa Parks Boulevard and Godwin Avenue in Paterson. Through numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement officers determined that from at least September 2018 through Oct. 1, 2019, Tisdale and other members and associates of the 230 Boys distributed narcotics, including heroin, fentanyl, and cocaine base, in and around Paterson. On June 25, 2019, Tisdale worked with other members and associates to distribute fentanyl to another individual.
In addition to the prison term, Judge Martinotti sentenced Tisdale to three years of supervised release.
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.
Acting U.S. Attorney Honig credited special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan; officers of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora; detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia Valdes; and officers of the Passaic County Sheriff’s Office, under the leadership of Sheriff Richard H. Berdnik, with the investigation leading to today’s sentencing. She also thanked the U.S. Marshals Service, the Bergen County Sheriff's Office and the Belleville and Livingston police departments for their assistance with the case.
The government is represented by Assistant U.S. Attorney Francesca Liquori of the Organized Crime and Gangs Unit.
Passengers with Guns in Carryon Bags at Pittsburgh International Airport Now Face Revocation of their Concealed Carry PermitRead the Press Release
PITTSBURGH, Pa. - Acting United States Attorney Steve Kaufman has announced a new way of dealing with travelers who have guns in their carryon bags at Pittsburgh International Airport security checkpoints. Following is the statement he issued today during a news conference hosted by Transportation Security Administration (TSA).
“Unfortunately, it appears that 2021 will be a record-breaking year for the number of guns found in passengers’ carry-on bags at our airport. This is not the kind of record we aspire to break.
“The United States Attorney’s Office, the FBI, the Allegheny County Police and TSA currently review every incident in which TSA screeners discover a gun during security screening at the airport checkpoint. Almost inevitably, the passenger being interviewed claims that they forgot that the gun was in their bag and no criminal charges are filed. Nevertheless, bringing guns to the checkpoint is completely unacceptable and poses a serious security risk.
“In order to send the message that airport security checkpoints and guns don’t mix, we need a deterrent strategy, in addition to the stiff civil penalties issued by TSA. So today we are announcing that in incidents involving an individual who possesses a valid concealed carry permit, we will be requesting County Sheriffs to rescind that resident’s firearms concealed carry license due to negligence. We have already secured the cooperation of the Allegheny County Sheriff’s Office to revoke concealed carry permits of residents who are determined to have acted negligently. And we will be contacting Sheriff’s Offices in other counties in Western Pennsylvania requesting that they consider enacting the same policy.
“So, the message to the flying public is this: Check your bags five times if you have to, but make 100% sure that your carryon bags do not contain a firearm or other dangerous weapon. That’s responsible gun ownership, which is essential to protect the flying public”
So far in 2021, the TSA team at Pittsburgh International Airport has detected 27 firearms at the security checkpoint.
Owings Mills Man Pleads Guilty and is Sentenced to over Six Years in Federal Prison for Possession with Intent to Distribute FentanylRead the Press Release
Baltimore, Maryland – Douglas Vines, age 50, of Owings Mills, Maryland pleaded guilty today to possession with intent to distribute fentanyl. U.S. District Judge Catherine C. Blake sentenced Vines to 78 months in federal prison followed by four years of supervised release.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; and Postal Inspector in Charge Daniel A. Adame of the U.S. Postal Inspection Service - Washington Division (USPIS).
According to his guilty plea, as a result of an ongoing investigation into drug trafficking in the Baltimore area, the USPIS and DEA linked Vines with Baltimore-area properties that received mail parcels believed to contain controlled substances.
On February 10, 2021, investigators recovered a USPS parcel sent by Vines to an associate. Approximately 2.8 grams of fentanyl were retrieved from the box along with Vines’ fingerprints from the interior of the parcel. On March 19, 2021, Vines mailed 83.5 grams of fentanyl in exchange for $5,000.
In addition, on April 28, 2021, law enforcement observed Vines mailing a parcel to Pittsburgh, Pennsylvaniaand executed a search warrant on Vines’ parcel, recovering 90 grams of cocaine and 30 grams of fentanyl.
As stated in his plea agreement, on June 16, 2021, law enforcement officers executed a search warrant at Vines’ residence and at a relative’s residence. As a result of the search warrants, officers recovered 101.58 grams of fentanyl, 0.76 grams of heroin, 27.62 grams of cocaine, $20,000 in U.S. currency, as well as various packaging and weighing materials.
On June 21, 2021, Vines asked an associate to help him acquire new identity documents in order for Vines to “set up shop” elsewhere. During the week of July 17, 2021, Vines “ordered” a false photo ID, social security card, passport, and sent a picture of himself to an associate to acquire the false identification papers.
Acting United States Attorney Jonathan F. Lenzner commended the USPIS and DEA for their work in the investigation. Mr. Lenzner thanked Special Assistant U.S. Attorney Jason X. Hamilton and Assistant U.S. Attorney James G. Warwick who prosecuted the case.
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Oneida Man Sentenced to 15 Years for Distributing and Possessing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Greg Gauthier, age 55, of Oneida, New York, was sentenced yesterday to 15 years in prison for distributing and possessing child pornography, announced 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), and New York State Police (NYSP) Superintendent Kevin P. Bruen.
As part of his prior guilty plea, Gauthier admitted that he used a social media messaging application to distribute images of child pornography over the internet, and that he possessed child pornography on his cellular telephone. A forensic review of Gauthier’s cellular telephone revealed that it contained 71 image files and 98 video files depicting child pornography.
Gauthier is currently serving 18 years to life for his 2017 state conviction in Oneida County for Predatory Sexual Assault Against a Child. Senior United States District Judge Hon. Thomas J. McAvoy ordered that the 15 year federal sentence be served consecutively to that state sentence.
Judge McAvoy also imposed a 15 year term of supervised release, which will start after Gauthier is released from federal prison, ordered Gauthier to pay restitution in the amount of $9,000, and to pay a $200 special assessment.
Gauthier also has a prior final conviction under New York State law relating to the possession of child pornography, in that in 2014, he was convicted in Oneida County Court of Possessing A Sexual Performance By A Child Less Than 16 Years of Age in violation of New York State Penal Law and was sentenced to 10 years’ probation.
Gauthier’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and Computer Crimes Unit (CCU) with assistance from the Oneida County District Attorney’s Office The case was prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a 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.
North Andover Woman Sentenced for Performing Illegal Silicone InjectionsRead the Press Release
BOSTON – A North Andover woman was sentenced today in federal court in Boston for performing illegal silicone injections in exchange for money.
Gladys Araceli Ceron, 73, was sentenced by U.S. District Court Judge Richard G. Stearns to two years in prison and two years of supervised release. The judge reserved judgment on restitution for a later date. On April 2, 2021, Ceron pleaded guilty to five counts of delivery for pay of an adulterated or misbranded medical device received in interstate commerce with the intent to defraud or mislead.
“For 15 years, Ms. Ceron chose to make money by injecting her cosmetics customers with toxic silicone – all the while knowing that by doing so she was exposing them to serious harm, disfiguration and potentially death,” said Acting United States Attorney Nathaniel R. Mendell. “We are committed to protecting the health and safety of the public, and the sentence imposed by the court shows that people who callously put people at great risk of harm will be punished.”
“Injecting silicone oil not approved for human use can result in serious bodily injury or death,” said Jeffrey J. Ebersole, Special Agent in Charge of the U.S. Food & Drug Administration, Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who offer this dangerous product to the public.”
From approximately 2004 to 2019, Ceron, who operated her business in Lawrence, performed illegal bodily injections using “gluteal material” that she obtained from a source in Florida. Lab tests of the material subsequently confirmed that it contained silicone oil – a substance that the U.S. Food and Drug Administration warns can travel through blood vessels and cause a stroke, death or permanent disfigurement.
In 2018, Ceron agreed to perform buttock enhancing and facial injections for an individual. During a recorded meeting on May 24, 2018, Ceron told the individual that she charged $500 for buttock injections and $60 for each wrinkle-filling injection. A search of Ceron’s business in Lawrence the following month resulted in the seizure of several bottles and syringes of a substance that tests revealed to be silicone oil. Numerous uncapped, used syringes were also recovered from the business.
Ceron admitted to performing illegal injections to augment the buttock or fill wrinkles of five victims in exchange for money and misled her victims about her qualifications and the identity and safety of the material she was injecting. According to court documents, the government estimates that hundreds or thousands of individuals may be victims of the illegal injections she performed.
Acting U.S. Attorney Mendell, FDA OCI SAC Ebersole and Justin C. Fielder, Special Agent in Charge of the U.S. Food & Drug Administration, Office of Criminal Investigations, Miami Field Office made the announcement today. Assistant U.S. Attorney Rachel Y. Hemani of Mendell’s Health Care Fraud Unit prosecuted the case.
New Jersey Couple Resentenced for Child AbuseRead the Press Release
NEWARK, N.J. – A former U.S. Army major and his wife today were sentenced for a third time for their respective roles in abusing their adopted children – who all were less than 4 years old and developmentally delayed – through neglectful and cruel acts, including breaking their bones, denying them medical attention, withholding water and force-feeding them hot sauce, Acting U.S. Attorney Rachael Honig announced.
Carolyn Jackson, 44, was sentenced to time served and her husband, John E. Jackson, 46, formerly a major in the Army at the Picatinny Arsenal Installation in Morris County, New Jersey, was sentenced to 18 months of home confinement.
Convicted by a jury in July 2015 on multiple counts of child endangerment, Carolyn Jackson had received 24 months in prison and John E. Jackson had received probation and 400 hours of community service when they were originally sentenced in December 2015. The government appealed their sentences to the U.S. Court of Appeals for the Third Circuit, which ruled in July 2017 that the District Court had committed several errors in the process of imposing those sentences. The defendants were resentenced on April 11, 2018. Carolyn Jackson received a sentence of 40 months in prison, with credit for time served. John Jackson received the same probationary sentence. The government appealed for a second time and the U.S. Court of Appeals vacated and remanded for a second resentencing after finding once again several errors.
The Jacksons were each found guilty following a four-month trial before U.S. District Judge Katharine S. Hayden in Newark federal court of one count of conspiracy to endanger the welfare of a child; Carolyn Jackson was found guilty of 11 substantive counts of endangering the welfare of a child and John Jackson was found guilty of nine substantive counts of endangering the welfare of a child. Judge Hayden imposed the sentences today in Newark federal court.
The case falls under federal jurisdiction because the crimes were committed on a military base. John Jackson was discharged from the Army in May 2015.
According to documents filed in this case and the evidence at trial:
From August 2005 until April 23, 2010, Carolyn and John Jackson conspired to engage in a constant course of neglect and cruelty towards three children they fostered and then adopted. The Jacksons told their biological children not to report the physical assaults to others, saying that the punishments and disciplinary techniques were justified, as they were “training” the adopted children how to behave.
After John Jackson was informed by a family friend that the oldest biological child had revealed the abuse in the Jackson household, John Jackson reported the breach to Carolyn Jackson, who retaliated against that biological child by beating the child 30 times with a belt.
As part of the conspiracy, the Jacksons physically assaulted their adopted children with various objects, causing two children to sustain fractured bones (including a fractured spine, fractured skull and fractured upper arms); failed to seek prompt medical attention for their injuries; withheld sufficient nourishment and food from their adopted children; withheld adequate water from two of their children and, at times, prohibited them from drinking water altogether; forced two of the children to consume foods intended to cause them pain and suffering, such as red pepper flakes and hot sauce, and caused one child to ingest excessive sodium or sodium-laden substances while being deprived of water, leading to a life-threatening condition on two separate occasions in two states. The Jacksons even punished one adopted child, who had to resort to sneaking food and drinking from the toilet, by hitting the child, making the child ingest hot sauce, and forcing the child to eat a raw onion like an apple.
None of the children, adoptive and biological, remain in the custody of the defendants.
Judge Hayden also sentenced Carolyn Jackson to one year of supervised release.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch in Newark, with the investigation leading to today’s sentencings. She also thanked the U.S. Army Criminal Investigation Command, under the command of Major General David E. Quantock, and the Morris County Prosecutor’s Office, under the direction of Prosecutor Robert J. Carroll.
The government is represented by Assistant U.S. Attorneys John Romano and Naazneen Khan of the U.S. Attorney’s Office in Newark.
Navajo man in federal court for murder in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Quinten Smith, 21, of Mexican Springs, New Mexico, and an enrolled member of the Navajo Nation, was charged in federal court on Oct. 4 with murder in Indian Country. Smith will remain in custody pending trial.
According to a criminal complaint, on Sept. 24, Smith and others allegedly went to the home of the victim, identified as John Doe, to confront him. When they arrived at the home, a physical altercation allegedly ensued. During the fight, Smith allegedly stabbed the victim multiple times in the back with a pocketknife. Smith and the others allegedly fled the home immediately.
John Doe, who was also an enrolled member of the Navajo Nation, was found deceased in his home later that day. The killing occurred on the Navajo Nation.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Smith faces life in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office and the Navajo Police Department investigated this case. Assistant U.S. Attorney Nicholas J. Marshall is prosecuting the case.
Narcotics Dealing Couple Pleads Guilty to Federal Drug Trafficking Charges and Assault on of a Federal OfficerRead the Press Release
Greenbelt, Maryland – Alicia Marie Walls, age 28, of Bowie, Maryland; and Andrew Joseph Trimmer, age 32, of Bowie, Maryland pleaded guilty on October 4, 2021 to conspiracy to distribute and possess with intent to distribute controlled substances and, possession with intent to distribute controlled substances. Trimmer also pled guilty to assault on a federal officer.
The guilty pleas were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division (DEA); and Chief Malik Aziz of the Prince George’s County Police Department (PGPD).
According to their guilty pleas, between May 2018 to September 2020, Walls and Trimmer conspired with others to distribute and possess with the intent to distribute heroin and fentanyl.
Specifically, on May 28, 2018, in Bowie, Maryland, Trimmer sold fentanyl to Victim A. During the narcotics transaction, Victim A and Victim A’s friends ingested the heroin that Trimmer distributed. Shortly after ingestion, Victim A overdosed and lost consciousness. After receiving life support treatment, Victim A survived the overdose, which constituted a serious bodily injury.
Prior to the overdose on May 28, 2018, Trimmer distributed at least one gram of heroin and fentanyl to Victim A approximately two times per week for two years. Trimmer and Walls had numerous narcotics customers in the Bowie area, including two other victims, Victim B and Victim C. In partnership, Walls and Trimmer distributed at least 240 grams of heroin/fentanyl to Victims B and Victim C.
Occasionally, Trimmer and Walls sold narcotics in the presence of their minor child who was under the age of three years old.
On July 16, 2019, while caring for a minor child, Walls ingested narcotics and fell asleep. While asleep, the nine-month-old child obtained narcotics from Wall’s belongings, ingested the narcotics, and subsequently overdosed. Walls and Trimmer transported the child to a nearby hospital where healthcare workers revived the child. After receiving additional lifesaving measures, the child survived.
Following the child’s overdose, law enforcement officers executed a search warrant at Walls and Trimmer’s hotel room on September 25, 2020. As agents announced themselves, Trimmer yelled “Alicia! I’m not going back!” and attempted to flee on foot. After disregarding law enforcement’s commands to stop, Officer A attempted to physically stop Trimmer from fleeing. Trimmer then proceeded to grab the officers body armor and began to physically assault Officer A. Eventually, Trimmer was apprehended. Officer A sustained a torn meniscus as a result of the assault.
After searching Trimmer’s person, law enforcement recovered approximately 30 grams of fentanyl, two cell phones and $1,143 from Trimmer’s jacket. Trimmer and Walls agreed that the $1,143 recovered were proceeds of narcotics sales. Subsequent lab results confirmed that the narcotics in Trimmer’s jacket was fentanyl mixed with diphenhydramine and etizolam. From Trimmer’s car, officers seized four digital scales, plastic sandwich bags, and razor blades. Officers also seized numerous luxurious items including a Louis Vuitton Josh backpack, a men’s diamond 14kt yellow gold cross pendant and chain, a woman’s diamond 14kt rose gold cross pendant, a Louis Vuitton flower hobo purse, a Louis Vuitton NeoNoe Azur handbag, and a 2015 Audi A-4 sedan.
As stated in their plea agreements, after Trimmer was taken into custody on September 25, 2020, Walls continued to sell heroin and fentanyl in the southern Maryland area. In October 2020, two narcotics customers, Victim B and Victim C obtained fentanyl and heroin from Walls and then subsequently overdosed from the narcotics. Both Victims were treated for advanced life support and ultimately survived.
Walls was arrested on February 4, 2021. During her arrest officers recovered approximately $16,024 of drug proceeds. The drug proceeds were funds that had been previously buried in the woods. In total, Walls and Trimmer agreed that it is reasonably foreseeable that the conspiracy distributed at least 240 grams of heroin/fentanyl.
Walls and the government have agreed that, if the Court accepts the plea agreement, Walls will be sentenced to between 71 months and 87 months in federal prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for January 20, 2022 at 1 p.m.
Trimmer and the government have agreed that, if the Court accepts the plea agreement, Trimmer will be sentenced to between 114 months and 132 months in federal prison. U.S. District Judge Paul W. Grimm has scheduled sentencing for Trimmer for November 22, 2021 at 1 p.m.
Acting United States Attorney Jonathan F. Lenzner commended the DEA and PGPD for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Erin B. Pulice, who is prosecuting the case.
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NCMEC CyberTipline Report Leads to 15 Year Sentence for Randolph County Recidivist Sex OffenderRead the Press Release
GREENSBORO – A North Carolina man was sentenced on October 6, 2021, to 180 months in prison, followed by a lifetime term of supervised release, for receiving child pornography after having been convicted of a child pornography offense.
Michael Scott Kivett, 41, was previously convicted in Guilford County of multiple counts of Second Degree Exploitation of a Minor in 2001 and, again, in 2009. As a result, he was required to register as a sex offender.
In September 2019, Google made a report to the National Center for Missing and Exploited Children (NCMEC) CyberTipline that child pornography images were uploaded to a Google Photos account. The images included prepubescent minors engaged in sex acts. The North Carolina State Bureau of Investigation (SBI) Computer Crimes Unit, the lead agency of the North Carolina Internet Crimes Against Children (ICAC) Task Force, received the tip and directed it to the Randolph County Sheriff’s Office, a task force member.
Randolph County Sheriff’s Office Investigator Joshua Hartong determined that the Google account belonged to Kivett and, in November 2019, he and Homeland Security Investigations (HSI) Special Agent Jessie Foster confronted Kivett and seized his phone. On the phone, investigators found 108 images and 126 videos depicting child pornography. Kivett admitted to viewing and downloading child pornography using a foreign cloud-based instant messaging application that offers end-to-end encrypted "secret" chatting. Kivett was arrested and detained on state charges.
He was charged in the Middle District of North Carolina in February 2020 and pled guilty to a superseding indictment charging him with receiving child pornography in November 2019 after having already been convicted of a child pornography offense.
“Protecting children from online sexual exploitation is a high priority,” said Acting U.S. Attorney Sandra J. Hairston. “In North Carolina, the ICAC task force, spearheaded by the SBI, leads these efforts. Active task force participation by our local partners like the Randolph County Sheriff’s Office is critical, especially given the increase in CyberTipline reports. We all owe a debt of gratitude to the investigators who work these cases.”
“Increased use of and access to the Internet during the pandemic has led to more opportunities for offenders to come into contact with teenagers and children. We greatly appreciate our partnerships with agencies advocating for increased public awareness and those who have contacted law enforcement with tips that make the Internet a safer place for children,” said Randolph County Sheriff Greg Seabolt.
“Kivett is being held accountable for his continued involvement and delight in the disgusting images of children being exploited, “said Special Agent In Charge Ronnie Martinez, who oversees Homeland Security Investigations (HSI) operations in North Carolina and South Carolina. “Every time one of these images is shared or viewed it revictimizes an innocent person and HSI along with its partners will continue to search for, arrest and bring to justice anyone involved in this heinous crime.”
NCMEC’s CyberTipline is the nation’s centralized reporting system for the online exploitation of children. The public and electronic service providers can make reports of suspected online enticement of children for sexual acts, child sexual molestation, child sexual abuse material, child sex tourism, child sex trafficking, unsolicited obscene materials sent to a child, misleading domain names, and misleading words or digital images on the internet. https://www.missingkids.org/gethelpnow/cybertipline.[1]
According to the Computer Crimes Unit, https://www.ncsbi.gov/Divisions/Field-Operations/Computer-Crimes.aspx, NCMEC CyberTipline reports have increased dramatically in recent years.
Year
NCMEC CyberTipline Reports to North Carolina
2016
2511
2017
3258
2018
4737
2019
4893
2020
9308
2021
>11,500*
*Estimated based on reports to date: 8,815 as of October 1, 2021. September reports totaled 1403, the highest number ever received in a single month.
“The North Carolina ICAC Task Force is only successful because of the partnerships of local, state, and federal agencies working together to investigate some of the most heinous crimes that are perpetrated against some of the most vulnerable in our society,” said NC ICAC Task Force Commander Kevin Roughton. “As more children are online every day in an increasingly virtual world, the work of ICAC Task Force members is more important now than ever.”
This case was prosecuted by Assistant United States Attorney Eric L. Iverson. It was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse. The initiative is led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and focuses on coordinating federal, state, and local resources to better identify and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. www.projectsafechildhood.gov.
[1] To report information about missing or exploited children, dial 1-800-843-5678 to reach NCMEC’s 24-hour call center.
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Mexican Man Sentenced for Possession with Intent to Distribute 38 pounds of MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Jose De Jesus Zazueta-Cano, 45, was sentenced today in federal court in Omaha, Nebraska, for possession with intent to distribute methamphetamine. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Zazueta-Cano to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release. Zazueta-Cano will be deported to Mexico by U.S. immigration authorities when he completes his sentence of imprisonment.
On October 28, 2020, an undercover officer arranged a controlled purchase of methamphetamine through a known supplier. The supplier told the undercover officer that he would arrange for someone to deliver the methamphetamine. Zazueta-Cano arrived and provided the undercover officer approximately one pound of methamphetamine. Investigators were thereafter able to identify Zazueta-Cano and determined where he resided.
On November 3, 2020, investigators obtained a warrant authorizing the search of Zazueta-Cano’s apartment located within the basement area of a residence in Omaha. On November 4, 2020, agents arrested Zazueta-Cano as he exited the apartment. At the time of his arrest, Zazueta-Cano was carrying two trash bags. Investigators searched the trash bags and found another small black grocery sack with $26,105 inside.
After Zazueta-Cano was arrested, investigators executed the warrant to search his residence. The search yielded cellular phones, drug ledgers, and approximately 38 pounds of methamphetamine. The currency seized in this case will be forfeited to the United States.
This case was investigated by the Drug Enforcement Administration, Omaha Field Division.
Meridian Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – A Meridian, Mississippi man pleaded guilty today to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
According to court documents, James Ricky Stewart, Jr., 44, was found in possession of a firearm by officers of the Meridian Police Department on June 15, 2020, during a traffic stop. Stewart had a .40 caliber pistol in his car. Stewart has four prior felony convictions and it is contrary to federal law for him to possess any firearm.
Stewart is scheduled to be sentenced on January 5, 2022 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Meridian Police Department and the ATF are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Meridian Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – A Meridian man pleaded guilty to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation.
According to court documents, Lakennth JDarrious Smith, 29, was found in possession of a firearm by officers of the Meridian Police Department on August 29, 2019, during the execution of a search warrant at his residence. Two firearms were found in Smith’s residence along with both powder and crack cocaine.
Smith is scheduled to be sentenced on January 5, 2022 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Federal Bureau of Investigation and the Meridian Police Department are investigating the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Maryland Woman Pleads Guilty to Paying Bribes in Return for Non-Public Information About Traffic Crash VictimsRead the Press Release
WASHINGTON – A Maryland businesswoman pleaded guilty today to paying cash bribes to an officer with the Metropolitan Police Department (MPD) in return for information contained in non-public police paperwork identifying individuals involved in traffic accidents.
Raquel DePaula, 43, of Beltsville, Md., pleaded guilty in the U.S. District Court for the District of Columbia, to one count of bribery of a public official. The Honorable Emmet G. Sullivan did not schedule a sentencing date. Under federal sentencing guidelines, she faces a likely range of 18 to 24 months in prison, as well as financial penalties. As part of her plea agreement, she must pay $15,001 in a forfeiture money judgment.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department.
DePaula and the police officer were indicted in June 2021. The officer has pleaded not guilty to charges and is awaiting further court proceedings.
DePaula owns RD Legal Solutions, LLC, a corporation that, among other things, acts as a “runner” providing contact information for traffic accident victims to attorneys in exchange for referral fees. According to a statement of offense submitted as part of the plea, from approximately April 2019 through August 2019, she paid cash to the officer to get confidential information from MPD Traffic Accident Reports. An MPD General Order limited the distribution of these reports to individuals involved in traffic accidents and their representatives.
In the statement of offense, DePaula admitted paying the officer between approximately $600 and $1,300 per week, though the amount varied, in exchange for the victim contact information. Over the course of the scheme, she admitted to paying over $15,000 to the officer and receiving contact information for 2,667 victims.
In announcing the plea, Acting U.S. Attorney Phillips, Special Agent in Charge Jacobs, and Chief Contee commended the work of those who are investigating the case from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. They also expressed appreciation for the work of Assistant U.S. Attorney Joshua S. Rothstein, who is prosecuting the matter.
Martinsburg man admits to child pornography chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brandon Cody Sabol, of Martinsburg, West Virginia, has admitted to a child pornography charge, Acting United States Attorney Randolph J. Bernard announced.
Sabol, 32, pleaded guilty to one count of “Possession of Child Pornography.” Sabol admitted to having an image of child pornography containing a child under the age of 12 in October 2020 in Berkeley County. Sabol was uploading child pornography to a social media app KIK in May 2020. West Virginia State Police were alerted, executed a search at this home in October 2020, and seized his iPhone. More than 3,300 images and 52 videos of child pornography were found on Sabol’s phone.
Sabol faces up to 20 years of incarceration and a fine of up to $250,000 for the possession charge and will also have to register pursuant to the Sexual Offender Registration and Notification Act. 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 West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Man sentenced to prison for assaulting dating partner on Fort Belknap Indian ReservationRead the Press Release
GREAT FALLS -- A man who admitted beating his dating partner on the Fort Belknap Indian Reservation and causing her substantial injuries was sentenced today to 18 months in prison to be followed by two years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Gordon Andrew Messerly, Jr., 43, address unknown, pleaded guilty in June to assault resulting in substantial bodily injury.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that on Dec. 27, 2019 on the Fort Belknap Indian Reservation, Messerly assaulted his dating partner, identified as Jane Doe, by striking her in the head. Doe was treated for injuries at the hospital.
Assistant U.S. Attorney Jared C. Cobell prosecuted the case, which was investigated by the FBI and Fort Belknap Law Enforcement.
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Man Caught Transporting Meth and Guns at Tulsa Airport Pleads GuiltyRead the Press Release
A man found transporting methamphetamine by aircraft into Tulsa’s Richard L. Jones Jr. Airport pleaded guilty Wednesday in federal court, announced Acting U.S. Attorney Clint Johnson.
Badlands Justice McNally, 29, of Tulsa pleaded guilty to possession of methamphetamine with intent to distribute and possession of a firearm during and in relation to a drug trafficking crime. U.S. District Judge Claire V. Eagan set sentencing for Feb. 1, 2022.
“Badlands McNally flew more than 100 pounds of methamphetamine into Tulsa and was apprehended thanks to the coordinated law enforcement work of U.S. Customs and Border Protection, Homeland Security Investigations, Tulsa County Sheriff’s Office and the Tulsa Police Department,” said Acting U.S. Attorney Clint Johnson. “This arrest and conviction exemplifies why law enforcement partnerships are a force multiplier. Together this team continues to hold accountable those who transport and traffic illicit drugs into northeastern Oklahoma.”
“We will do everything in our power to bring those who traffic dangerous drugs in our communities to justice," said Christopher M. Miller, Deputy Special Agent in Charge HSI Dallas. "This guilty plea not only holds McNally accountable for his crimes but also serves as a warning that Homeland Security Investigations will work diligently to help keep illicit drugs off the streets of our cities and towns throughout Oklahoma."
On March 16, 2021, Homeland Security Investigations (HSI)-Tulsa received information from Customs and Border Protection’s Air and Marine Operation Center (AMOC) in California, regarding an aircraft which appeared to be heading for Richard L. Jones Jr. Airport in Tulsa after departing Lake Havasu City, Arizona, earlier in the day. AMOC requested that agents conduct a certification inspection on the pilot.
According to the complaint and affidavit, two HSI special agents and a HSI Task Force Officer from the Tulsa County Sheriff’s Office responded and observed the aircraft landing at 10:55 pm. Upon request from the agents, the pilot, identified as McNally, provided the required documents for verification with the Federal Aviation Administration (FAA).
While the documents were being verified, agents engaged McNally in conversation, asking where he was coming from. McNally stated he was returning from Watonga, Oklahoma, but failed to disclose that he had originally departed from Lake Havasu City. Agents then asked if he was transporting anything, but McNally allegedly refused to answer the questions, became increasingly agitated, and avoided eye contact. He further declined when agents requested consent to search his plane.
Agents then requested a canine unit from the Tulsa Police Department to assist. The canine conducted a free air sniff of the aircraft. The canine displayed behavior indicating he smelled an odor and eventually alerted his handler to the presence of illegal substances. As the canine positively alerted to the cargo door of the airplane, agents had probable cause to search the airplane and discovered two duffle-bags filled with methamphetamine, a rifle, two pistols and multiple magazines.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Tulsa County Sheriff’s Office, Tulsa Police Department and U.S. Customs and Border Protection conducted the investigation. Assistant U.S. Attorney Joel-lyn McCormick is prosecuting the case.
Macclenny Man Pleads Guilty to Escaping from Jacksonville Halfway HouseRead the Press Release
Jacksonville, Florida – Kevin Allen Rose (35, Macclenny) has pleaded guilty to escaping from a residential reentry center (halfway house) where he was completing a prior federal prison sentence. He faces a maximum penalty of five additional years in federal prison. A sentencing date has not yet been set.
According to court documents, in 2016, a federal judge found Rose guilty of possessing a firearm as a convicted felon and two counts of distributing marijuana. Rose was committed to the custody of the U.S. Bureau of Prisons (BOP) to serve 84 months in federal prison. In September 2020, the BOP transferred Rose into the custody of Keeton Corrections, Inc. Jacksonville Residential Reentry Center, a halfway house, to complete the remainder of his sentence.
On April 21, 2021, Rose escaped from Keeton and never returned. On September 16, 2021, Deputy U.S. Marshals arrested Rose in Atlantic Beach, Florida.
This case was investigated by U.S. Marshals Service. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
Local man sentenced after shop owner shot in violent armed robbery attemptRead the Press Release
CORPUS CHRISTI, Texas - A 41-year-old Corpus Christi has been ordered to prison for role in an attempted armed robbery of local clock shop, announced Acting U.S. Attorney Jennifer B. Lowery.
A federal jury convicted Eric Richard Garza June of attempting to effect commerce by robbery and discharging a firearm during and in relation to a crime of violence. They deliberated for only approximately one hour following a two-day trial.
Today, U.S. District Judge Nelva Gonzales Ramos handed Garza a 78-month-term of imprisonment for the attempted robbery and an additional 120 months for the discharge of a firearm which must be served consecutively. The total 198-month prison term will be immediately followed by five years of supervised release. At the hearing, the court heard from the victim who explained how he suffered severe physical and psychological injuries as a result of being shot twice as well as financial losses from lost wages and hospital bills. In handing down the sentence, the court noted the severity of the offense, the harm caused to the victim and his financial losses as a result of Garza’s crime.
On Dec. 14, 2018, Garza drove to Central Watch and Clock Repair in Corpus Christi with Christopher Rangel-Musial. They put on masks and entered the store. Once inside, Rangel-Musial brandished the 9mm semi-automatic pistol Garza had given him and pointed it at the owner as Garza had instructed. Garza then demanded the victim to get on the ground, but he refused. Garza subsequently told Rangel-Musial twice to shoot the victim. Once again, Rangel-Musial did as told and fired three shots, hitting the victim in the stomach and back.
The shop owner managed to get to his revolver and chase Garza and Rangel-Musial out of the store. The victim shot Rangel-Musial as he fled.
At trial, the victim testified about the injuries he sustained when the would-be robbers shot him. The victim required two surgeries, lost eight inches of his colon as well as his spleen and suffered an injured kidney. He was in the ICU for four days. He now has an 11-inch scar as a constant reminder of that day and suffers from persistent insomnia.
At trial, the defense attempted to convince the jury that Rangel-Musial’s girlfriend was the accomplice. However, the victim was steadfast in his testimony that the voice he heard tell Rangel-Musial to “shoot him” belonged to a man. The jury did not believe the defense theory and found Garza guilty as charged.
Garza has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Rangel-Musial, 26, Corpus Christi, previously pleaded guilty, accepted responsibility and testified against Garza at trial. He later received a 108-month prison sentence.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation with the assistance of the Corpus Christi Police Department. Assistant U.S. Attorneys Joel Dunn and Christopher Marin prosecuted the case.
Large Scale Methamphetamine Distributor Sentenced to over a Decade in Federal PrisonRead the Press Release
A man who distributed over five kilograms of methamphetamine in the Dubuque area between 2018 and 2019 was sentenced today to more than ten years in federal prison.
Alan Julson, age 40, from Dubuque, Iowa, received the prison term after a guilty plea to possession with intent to distribute a controlled substance. At the guilty plea, Julson admitted that on October 21, 2019, he intended to distribute at least 50 grams of pure methamphetamine. Julson has prior convictions for his involvement with methamphetamine and, at sentencing, the court described Julson’s prior track record on probation as “horrendous.”
Julson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Julson was sentenced to 121 months’ imprisonment and fined $100. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Julson is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Dubuque Police Department’s Drug Task Force.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1024.
Follow us on Twitter @USAO_NDIA.
La Crosse Man Sentenced to 5 Years for Trafficking Crack CocaineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Aubrey L. Marshall, 46, La Crosse, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 5 years in federal prison for possessing with intent to distribute 28 grams or more of crack cocaine. This term of prison will be followed by 6 years of supervised release. Marshall pleaded guilty to this charge on July 7, 2021.
On January 28, 2021, La Crosse Police Department officers purchased 11.1 grams of crack cocaine from Marshall through a confidential informant. A week later, on January 25, 2021, officers purchased 32.9 grams of crack cocaine from Marshall, again through a confidential informant. Later that day, law enforcement officers obtained a search warrant for Marshall’s apartment in La Crosse, and found 69 grams of crack cocaine, 69 grams of powder cocaine, and $5,930 in cash which included buy money from the drug deal earlier that day.
At sentencing, Judge Conley noted that this is Marshall’s second federal conviction for cocaine trafficking and that his criminal history is riddled with violence. Marshall has a prior federal felony conviction for distributing cocaine in the Western District of Wisconsin in 2005. He was sentenced to 140 months in prison in that case.
The charge against Marshall was the result of an investigation conducted by the La Crosse Police Department and the Federal Bureau of Investigation, with the assistance of the La Crosse County District Attorney’s Office. Assistant U.S. Attorney Steven P. Anderson prosecuted this case.
Justice Department Awards over $33 Million in Grants to Advance Community Policing Efforts Across the CountryRead the Press Release
The Department of Justice’s Office of Community Oriented Policing Services (COPS Office) today announced over $33 million in funding to advance the practice of community policing in law enforcement. Community Policing Development (CPD) program funds are used to support promising practices through the development and testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting new, creative approaches to preventing crime and promoting safe communities.
“Keeping communities safe requires building relationships and increasing trust between law enforcement and those they serve,” said Attorney General Merrick B. Garland. “The wide range of programs these funds will support – from de-escalation training and anti-bias efforts to technical assistance and accreditation programs – are critical to achieving our public safety goals. It is particularly meaningful to announce these awards during National Community Policing Week, which recognizes the importance of community policing and the positive results we can achieve when law enforcement and community members work together.”
In proclaiming Oct. 3-9 as National Community Policing Week, the Biden Administration emphasized its continuing efforts to both support the facilitation of police-community relationship building and to keep the community at the heart of everything that the nation’s law enforcement agencies do on a daily basis.
Highlights of the 2021 CPD funding include:
- Crisis Intervention Teams (CIT). Over $9 million will go toward expansion of the use of crisis intervention teams to embed mental and behavioral health services with law enforcement.
- Tolerance, Diversity, and Anti-Bias Training. Over $1.7 million will be used for the creation and delivery of tolerance, diversity and anti-bias training for law enforcement officers.
- De-escalation Training. Approximately $13 million will support the creation and delivery of national level de-escalation training efforts, as well as state and local law enforcement agency efforts to build and maintain their officers’ de-escalation proficiency.
- COPS Microgrants. More than $2.7 million will support COPS Microgrants demonstration or pilot projects in local agencies. These are projects that offer creative ideas to advance crime fighting, community engagement, problem solving or organizational changes to support community policing.
- Accreditation. Over $3.8 million will be used to expand accreditation programs and assist agencies with gaining accreditation to ensure compliance with national and international standards, covering all aspects of law enforcement policies, procedures, practices and operations.
Also announced today is an additional $2 million dedicated to continuing the COPS Office Collaborative Reform Initiative Technical Assistance Center (CRI-TAC). CRI-TAC provides a continuum of technical assistance services to the law enforcement field to increase accountability and build trust between police and the communities they serve; improve effectiveness and efficiency in agency operations; enhance officer safety and wellness; and widely share practices that are evidence-based, promising, innovative and representative of national standards.
More information on all the awards announced today can be found on the COPS Office website at https://cops.usdoj.gov/cpd-award.
For a message about the Community Policing Development grants from Associate Attorney General Vanita Gupta, see: https://www.justice.gov/opa/video/associate-attorney-general-vanita-gupta-provides-remarks-national-community-policing-week.
The COPS Office is the federal component of the Department of Justice responsible for advancing community policing nationwide. The only Department of Justice agency with policing in its name, the COPS Office was established in 1994 and has been the cornerstone of the nation’s crime fighting strategy with grants, a variety of knowledge resource products and training and technical assistance. Through the years, the COPS Office has become the go-to organization for law enforcement agencies across the country and continues to listen to the field and provide the resources that are needed to reduce crime and build trust between law enforcement and the communities served. The COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of more than 134,000 officers.
Jury Declares Key West Money Launderer GuiltyRead the Press Release
Miami, Florida – Following a three-day trial, a federal jury in Key West, Florida found Sean Kerwin Bindranauth, 44, guilty of laundering $1 million derived from romance and investment fraud scams targeting elderly victims.
According to the evidence presented at trial, the victims of the romance scam were generally lonely older women who befriended the defendant’s co-conspirators, who posed as men living on oil rigs, serving in wars, or otherwise working in remote locations. After establishing the on-line relationship, the “men” convinced the victims to send them money. Other victims were misled by the defendant’s co-conspirators into investment scams. One victim testified at trial that he was misled into believing that a $1,000 plunge into cryptocurrency would yield a $10,000 return. In 2018 and 2019, victims of both scams were directed to send their money to Bindranauth, which they did by wire transfer, personal checks, or cash.
Once Bindranauth received the money, he would send it from the United States to Nigeria through international money transfer companies and direct bank transfers. Over a dozen seniors and other victims were tricked into sending Bindranauth and his co-conspirators approximately $1 million. Evidence at trial also demonstrated that other victims sent Bindranauth cash via USPS and that Bindranauth purchased gift cards and sent the gift card information to his co-conspirators in Nigeria to use. A forensic analyst testified that the loss to victims as a result of this part of the scheme was impossible to trace.
The jury found Bindranauth guilty of conspiring to commit money laundering and six counts of substantive money laundering, as well as conducting an unlicensed money transmitting business. U.S. District Judge K. Michael Moore will sentence Bindranauth on January 10, 2022, at 1:00 p.m. in federal district court in Key West. Bindranauth faces a maximum statutory sentence of 20 years in prison for the money laundering conspiracy, 20 years in prison for each money laundering count, and five years in prison for unlicensed money transmitting, in addition to fines.
Juan Antonio Gonzalez, Acting U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge, Homeland Security Investigations (HSI), Miami Field Office, made the announcement.
HSI Miami, Key West Office, investigated the case, with assistance from Florida Department of Law Enforcement. Assistant U.S. Attorneys Lindsey Lazopoulos Friedman and Yisel Valdes are prosecuting the case, with Assistant U.S. Attorney Daniele Croke handling asset forfeiture.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 19-cr-10016.
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Judge sentences St. Louis man to 255 months in prison for conspiracy and distribution of cocaine base “crack”Read the Press Release
ST. LOUIS – On today’s date, United States District Judge Stephen R. Clark sentenced Bryan Kimble, 32, of St. Louis, Missouri, to 255 months in prison for conspiracy to possess with intent to distribute cocaine base and three counts of distribution of cocaine base. On May 12, 2021, a jury found Kimble guilty following a three-day jury trial.
The evidence during the trial proved that Kimble distributed cocaine base to an undercover Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent on three separate dates. Kimble also conspired with others to distribute cocaine base. In October 2019, ATF Special Agents received information from a confidential informant that Kimble was selling cocaine base. On October 11, 19, and 22, 2019, ATF successfully conducted controlled purchases of cocaine base from Kimble using an undercover agent. On each occasion, Kimble drove to a location to meet the undercover agent and and used a female passenger to complete the drug transactions. In all, Kimble sold more than 30 grams of cocaine base to the undercover agent. Based upon Kimble’s previous criminal history, Judge Clark sentenced Kimble pursuant to the Career Offender provision of the United States Sentencing Guidelines.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. Assistant United States Attorney Rodney H. Holmes and Special Assistant United States Attorney Ashley M. Walker handled the case.
Judge sentences St. Louis man to 156 months in prison for carjacking and weapons chargesRead the Press Release
ST. LOUIS – Najee Neal, 30, of St. Louis, Missouri, appeared before United States District Court Judge Sarah E. Pitlyk on today’s date for sentencing. Neal previously pleaded guilty in July and was sentenced to 156 months in federal prison for carjacking, brandishing a firearm in furtherance of that crime, and two counts of being a felon in possession of a firearm.
Pursuant to the plea agreement and statements made in court, on February 27, 2020, Neal approached the driver of a car parked in a Kirkwood, Missouri driveway. Neal ordered the driver out of the car at gunpoint, and forcibly took the driver’s wallet and key fob. Neal then ordered the victim to the ground and drove away in the victim’s car.
Kirkwood Police attempted to pull over the stolen car as Neal drove on Interstate 44. However, Neal began weaving in and out of traffic while reaching speeds in excess of 100 miles per hour, and the Kirkwood Officers were unable to stop the car. Officers from the St. Louis Metropolitan Police Department spotted the victim’s car about 45 minutes later near the intersection of North Grand and Lindbergh Boulevards. SLMPD officers activated their lights and sirens and tried to stop the car. Neal, again, fled at a high rate of speed while violating traffic signals and driving onto sidewalks. The car became disabled and Neal got out of the car and ran from SLMPD officers. Officers followed Neal into a gangway and noticed him reaching toward a porch of a home. Fearing Neal was retrieving a weapon, an officer ordered Neal to stop and show his hands. Neal ignored the officer and began to walk away from the porch. Officers arrested Neal a short distance away. Officers found a Glock 19 pistol on the porch of the home. A search of the gangway revealed a magazine loaded with 31 rounds of ammunition fitting the Glock 19 pistol. The victim identified the Glock 19 pistol as the gun Neal pointed at him during the carjacking.
Previously, on September 28, 2019, officers with the St. Louis County Police Department arrested Neal after observing what appeared to be a hand-to-hand drug sale between Neal and another individual on the parking lot of a market in the 12000 block of Bellefontaine Road. Officers recovered a loaded pistol from Neal’s car.
Prior to September 28, 2019, Neal was convicted of at least one felony crime.
Jackson Man Sentenced to Prison for Bank RobberyRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 47 months in federal prison for bank robbery, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Jermicha Fomby of the Federal Bureau of Investigation in Mississippi.
According to court records, Richard Dewayne Jiles, 42, robbed the Trustmark Bank on Medgar Evers Boulevard in Jackson on December 3, 2020. Jiles entered the Trustmark Bank and handed the teller a note stating that she would die if she did not give him $5,000. Jiles left the bank with approximately $4,240 in U.S. currency. Law enforcement learned from Crimestoppers’ tips and witness statements that Jiles was the person that robbed the bank. He was arrested in Rankin County after crashing into another vehicle.
Jiles was indicted by a federal grand jury on February 9, 2021 and he pled guilty on June 3, 2021. He was sentenced on October 5, 2021 to 47 months in federal prison and ordered to pay $4,240 in restitution.
The Federal Bureau of Investigation and the Jackson Police Department investigated the case.
Assistant U.S. Attorney Chris Wansley 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.
Jacksboro Man Sentenced to 25 Years for Child Sexual ExploitationRead the Press Release
A Jacksboro nurse was sentenced yesterday to 25 years in federal prison for sexually exploiting a 13-year-old girl, announced Acting U.S. Attorney for the Northern District of Texas Chad Meacham.
Stephen Russel Adams, 38, pleaded guilty in June to sexual exploitation of a child. He was sentenced Tuesday by Senior U.S. District Judge Terry R. Means.
According to court documents, Mr. Adams surreptitiously recorded nude images of his 13-year-old victim and posted them on social media. In fall 2020, an undercover agent initiated a chat with Mr. Adams, who sent the agent a nude photo of the child standing in a bathroom.
In the chats, which were introduced into evidence at his sentencing hearing, Mr. Adams claimed he had been groping the child while she slept “for almost 2 years.” He discussed drugging the child with “sleeping pills and muscle relaxers” and even asked the undercover agent if he could obtain “roofies.”
The investigation eventually led to the identification of a cloud account the defendant used to store images of his victim.
Mr. Adams, who was employed as a nurse at an adult residential care facility at the time of the crime, admitted he took surreptitious videos of the child and uploaded them to the cloud account.
“Sexual crimes against children are some of the most repulsive acts we investigate. We are determined to prevent this abuse from happening to minors and will not relent in punishing those who prey on their vulnerability,” said Christopher M. Miller, Homeland Security Investigations Deputy Special Agent in Charge of the Dallas Field Office. “It is because of our collaborative law enforcement approach in prosecuting this case that Mr. Adams is facing a lengthy sentence for his crimes of child exploitation. The conclusion of this case removes a dangerous predator off the street, and hopefully provides a measure of closure and comfort to the victim.”
Homeland Security Investigations’ Dallas Field Office conducted the investigation with the assistance of the Wise County District Attorney’s Office, the Jack County Sheriff’s Office, the Jacksboro Police Department, and Homeland Security Investigations’ Detroit Field Office. Assistant U.S. Attorney Aisha Saleem prosecuted the case.
Iowa Marijuana Dealer Who Possessed Guns to Federal PrisonRead the Press Release
A man who conspired to distribute marijuana while possessing firearms in furtherance of the drug conspiracy was sentenced October 5, 2021, to more than 6.5 years in federal prison.
Tvonn Gully, 25, from Fort Dodge, Iowa, received the prison term after an April 21, 2021, guilty plea to conspiracy to distribute marijuana and possession of a firearm during and in furtherance of a drug trafficking crime.
Evidence at Gully’s plea and sentencing hearings showed that between April, 2019 and February, 2020, Gully was a pound-level dealer of marijuana and distributed at least 20 kilograms of marijuana to others during the conspiracy. On April 18, 2019, law enforcement conducted a traffic stop on Gully’s vehicle in Fort Dodge. During a search of Gully’s vehicle, officers located several baggies of marijuana and a loaded 9mm caliber handgun under the driver’s seat of the vehicle. On February 11, 2020, law enforcement executed a search warrant at Gully’s residence. During the search, officers seized 400 Xanax pills, 2,165 grams of marijuana, a stolen .380 caliber Walther PK handgun, two cell phones, two digital scales, and $1,322 cash. Gully had two prior state drug convictions which made him a career offender under federal law.
Gully was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Gully was sentenced to 93 months’ imprisonment but received a sentence reduction of 13 months and 19 days for time already served on a related state offense. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Gully is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Mikala Steenholdt and Patrick T. Greenwood and investigated by Fort Dodge Police Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Webster County Sheriff’s Office, and Iowa DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3036. Follow us on Twitter @USAO_NDIA.
Idaho Prison Inmate Sentenced to 20 Years for Attempted Coercion and Enticement of a ChildRead the Press Release
BOISE – An inmate in the Idaho Department of Correction, serving prison sentences for rape and lewd conduct with a minor under sixteen, was sentenced to 240 months in federal prison for attempted coercion and enticement of a child.
According to court records, Cole Alexander Pipkin, 30, originally of Kellogg, used a prison e-mail account to send messages to an adult woman living in Idaho between February and May 2019. In the messages, Pipkin attempted to persuade, induce, and entice three children, ages 8, 7, and 5, to engage in sexual activity with him upon his release from prison. In the e-mails, Pipkin promised the adult money and other incentives to persuade the adult to permit him to have sexual contact with the children. Pipkin’s e-mails graphically described the sexual acts he wanted to commit with the children, requested that the adult send him sexually explicit images of children, and included messages intended for the children referencing sexual acts.
Pipkin is a repeat sex offender, currently serving state prison terms for a 2009 conviction for rape from Shoshone County, and a 2010 conviction for lewd conduct with a minor under sixteen from Kootenai County. Chief U.S. District Judge David C. Nye ordered Pipkin’s federal sentence to run consecutively to the state sentences. Judge Nye also ordered that Pipkin be placed on lifetime supervised release upon completion of his federal term of imprisonment. Pipkin will be required to register as a sex offender upon release.
Acting U.S. Attorney Rafael M. Gonzalez, Jr., of the District of Idaho made the announcement and commended the investigative efforts of the Federal Bureau of Investigation and the Idaho Department of Correction, which led to charges. “We have aggressively pursued those who thrive on exploiting and victimizing the innocent. Together with our local, state, and federal partners throughout Idaho, we will continue to do everything in our power to protect our nation’s greatest asset - our children!”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Grand Jury indicts St. Louis woman for conspiracy to commit arson for burning of St. Louis 7-Eleven on June 1, 2020Read the Press Release
ST. LOUIS – Nautica Turner, a 26 year-old female from St. Louis, made her initial appearance before the Honorable Shirley P. Mensah in federal court today in relation to the charge of conspiracy to commit arson.
The indictment charges that on June 1, 2020, Turner conspired with others to maliciously damage and destroy, by means of fire, the 7-Eleven building located at 201 North 17th Street, a building used in interstate commerce. Among other things, the indictment alleges that the conspirators participated in the destruction and looting of the 7-Eleven building. The indictment further alleges that Turner poured an ignitable liquid on the 7-Eleven building, ignited a box and threw the box in the building, and that Turner committed other acts. This offense is punishable by up to five years in prison and or a fine of $250,000.
The charge set forth in the indictment is merely an accusation and does not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the Federal Bureau of Investigation with assistance from the St. Louis County Police Department Bomb and Arson Unit and Bureau of Alcohol, Tobacco, Firearm and Explosives.
Giovanni Joseph Indicted for Bank Fraud Scheme Using Stolen MailRead the Press Release
The Acting United States Attorney for the District of Vermont announced that Giovanni Joseph, 34, formerly of Dix Hills, New York, pleaded not guilty today to bank fraud and mail theft charges. U.S. Magistrate Judge Kevin J. Doyle ordered Joseph detained pending further proceedings.
On February 25, 2021, a federal grand jury in Burlington returned a 10-count indictment alleging that Joseph stole checks from the mail, which Joseph allegedly cashed or attempted to cash at various banks around Vermont. The indictment’s forfeiture notice further alleges that Joseph obtained at least $2,590 in cash through this bank fraud scheme.
Joseph faces a maximum sentence of 30 years in prison and a $1,000,000 fine if convicted of bank fraud in violation of 18 U.S.C. § 1344, and a maximum sentence of five years if convicted of possessing stolen mail matter in violation of 18 U.S.C. § 1708. His actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the investigatory efforts of the United States Postal Inspection Service.
Joseph is represented by Assistant Federal Public Defenders David L. McColgin and Sara M. Puls. The prosecutor is Assistant U.S. Attorney Spencer Willig.
Gang Member Sentenced to Federal Prison for Illegally Possessing a Short Barreled ShotgunRead the Press Release
Lorenzo A. Pacheco, 31 of Mt. Morris and a Spanish Cobras gang member, was sentenced on October 6, 2021 to 63 months in federal prison following his conviction for being a felon in possession of a firearm, Acting U.S. Attorney Saima S. Mohsin announced today.
Mohsin was joined in the announcement by Acting Special Agent in Charge Keith Krolczyk of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Detroit Field Division.
U.S. District Court Judge Matthew F. Leitman imposed sentence on Pacheco, a convicted felon who was on federal supervised release for a similar offense at the time he committed the instant offense. Leitman also sentenced Pacheco to 3 years of federal supervised release following his term of incarceration.
According to court documents, on September 13, 2020, a Genesee County Sheriff’s Deputy observed Pacheco driving a vehicle in Flint without any headlights. As the deputy caught up with Pacheco, he saw Pacheco cut off another car while weaving in and out of traffic. The deputy initiated a traffic stop on Pacheco who pulled into the parking lot of a local restaurant. As Pacheco pulled into the parking lot, he tossed a short-barreled shotgun out of the driver’s side window. Pacheco then continued to drive through the parking lot and onto another street despite the deputy’s continuous activated siren. Pacheco eventually came to a stop at which time he jumped out of the vehicle and fled on foot. The deputy chased Pacheco as he ran into the backyard of a local residence, between the garage and the house. The deputy issued loud commands to stop but Pacheco continued to flee. He ran behind the garage and jumped over a small fence where he fell. Pacheco got up and continued to run. The deputy deployed a taser hitting Pacheco in the back. The deputy placed Pacheco in handcuffs and took him into custody. Trooper with the Michigan State Police recovered the shotgun, which had one shell in the chamber and one in the magazine tube. The shotgun’s serial number was not discernible.
“This case is representative of ATF’s commitment to working hand-in-hand with the U.S. Attorney’s office and our State and local partners to stop dangerous felons from illegally possessing firearms and keeping violent criminals out of our communities,” stated Special Agent in Charge Krolczyk.
“Guns in the hands of violent convicted felons is a recipe for disaster. Our office will continue to work with our federal, state, and local law enforcement partners to target violent criminals, especially gang members, who illegally possess dangerous weapons,” said Mohsin.
This investigation was conducted by the ATF’s Flint Field Office, the Genesee County Sheriff’s Department, and the Michigan State Police. The case was prosecuted by the United States Attorney’s Office for the Eastern District of Michigan – Flint Branch Office.
Former Treasurer of Volunteer Fire Department Charged with Bank FraudRead the Press Release
A Kaufman County man who allegedly took out fraudulent loans in the name of his volunteer fire department has been charged with making a false statement to a bank, announced Acting U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Denny C. Mackey, the 68-year-old former treasurer of the Crandall Volunteer Fire Department, was arrested at his residence in Richardson on Monday. He made his initial appearance in federal court this morning.
According to the indictment, between May 2011 and September 2013, Mr. Mackey allegedly obtained tens of thousands of dollars from financial institutions by applying for unauthorized loans purportedly to be used for fire department purposes, unbeknownst to the fire department's leadership.
For example, as alleged in the indictment, Mr. Mackey fraudulently applied for a $75,000 loan purportedly for fire department expenses in August 2013. He falsely represented to the bank that the money would be used to fund the salary of a full-time fire department employee – knowing full well that the volunteer force didn’t employ any full-time staff.
Shortly after the bank issued the loan, which he concealed from the fire department, Mr. Mackey allegedly withdrew more than $50,000 – some out in cash and the rest by writing fire department checks to a company he controlled.
The following year, as reported by local media, the fire chief appeared before the Crandall City Council to report that the fire department had been forced to sell some of its trucks and equipment in order to pay off the fraudulent loan.
An indictment is merely an allegation of criminal conduct, not evidence. Like all defendants, Mr. Mackey is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 30 years in federal prison.
The Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorneys Marcus Busch and Fabio Leonardi are prosecuting the case.
Former SCANA CEO to Be Sentenced Tomorrow to Conspiracy to Commit Mail and Wire FraudRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that Kevin B. Marsh, former SCANA Corporation (SCANA) Chief Executive Officer and former Chairman of its Board of Directors, is scheduled to be sentenced tomorrow – Thursday, October 7 – in federal court to conspiracy to commit mail and wire fraud. The hearing is scheduled for 10:00 a.m. at the Matthew J. Perry Federal Courthouse, 901 Richland Street, Columbia, before the Honorable Mary G. Lewis.
Acting U.S. Attorney DeHart will be available for media questions after the hearing.
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Former Rogers Company Executive Pleads Guilty to Role in Workers’ Comp Billing Fraud/Kickback ConspiracyRead the Press Release
FAYETTEVILLE, Ark.—A former executive with a Rogers medical supply and billing company pleaded guilty today to one count of conspiracy to commit mail fraud, wire fraud, health care fraud, fraud to obtain federal employees’ compensation, and illegal remunerations (paying kickbacks), in connection with a scheme to defraud the U.S. government and private insurance companies by over-billing for unnecessary medications provided to workers’ compensation patients.
U.S. District Judge Timothy L. Brooks presided over the plea hearing, in which Amanda Dawn Rains, 39, waived indictment by a grand jury and pleaded guilty to a criminal information charging her with conspiracy to violate five different federal statutes. According to court documents, Rains, who in 2013 was hired as the Billing Director of an unidentified Rogers corporation, joined in a fraud scheme that ran from 2011 until 2017 and defrauded both federal and private workers’ compensation insurers.
Court documents allege that the basic premise of the scheme was that individuals associated with the Rogers corporation recruited physicians to dispense pain creams and patches to their workers’ compensation patients by offering them a split of the profits collected from successfully billing insurers, typically 50 percent. One such physician was Robert Dale Bernauer, Sr., who ran a clinic in Lake Charles, La. Bernauer pleaded guilty to his role in the same conspiracy on July 30, 2021.
After signing contracts with physicians, the company supplied them with pain creams and patches, and acted as the billing agent for the physicians, handling all of the paperwork and submitting the allegedly fraudulent claims to both the U.S. Department of Labor, Office of Workers’ Compensation Programs, which covers all federal employees, and to private insurers as well. The company billed insurers at markups of anywhere from 15 to 20 times what the medications actually cost, and then paid the physicians kickbacks on amounts collected.
According to court documents, Rains’ role in the conspiracy included: managing the billing system for the Rogers corporation and electronically submitting allegedly fraudulent claims to the Department of Labor and private insurers; maintaining a “do not dispense” list of insurers that refused to pay the company’s claims; advising doctors and clinics how to respond to insurance companies that questioned the charges; shipping the company’s medications to doctors and clinics; preparing presentations used by the company’s sales representatives to recruit doctors that falsely stated the business arrangement did not violate anti-kickback laws; and continuing to ship medications to Bernauer and bill insurers for his prescriptions despite knowing he did not have the required Louisiana license to dispense medications.
In her plea agreement, Rains promises to pay restitution to the Department of Labor and to other insurers victimized by the conspiracy, in amounts to be determined. The charging document for her case alleges that the total losses include more than $3.9 million paid by the Department of Labor, and amounts paid by private insurers that are still to be calculated but include almost $2 million in payments related to medication dispensed by Bernauer alone. According to court documents in the related case, Bernauer has already paid $664,176.30 in restitution to the Department of Labor, and $361,096.70 to the court clerk’s office, to go to other victims of the fraud, for a total of $1,025,273 restitution paid to date.
As a result of her guilty plea to the single conspiracy count, Rains may be sentenced to a maximum of five years in prison. The court will determine her sentence at a later date, after reviewing a pre-sentence investigation report prepared by the U.S. Probation Office and considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The case was investigated by the Department of Defense, Defense Criminal Investigative Service, the Department of Labor Office of Inspector General, the Department of Veterans Affairs Office of Inspector General, the U.S. Postal Service Office of Inspector General, with the assistance of the Internal Revenue Service-Criminal Investigation, the Louisiana Department of Justice, the Louisiana State Board of Medical Examiners, and the Louisiana Board of Pharmacy.
Assistant U.S. Attorneys Steven Mohlhenrich and Hunter Bridges prosecuted the case for the United States.
Former Police Department Employee Sentenced in Bribery and Insurance Fraud SchemesRead the Press Release
WASHINGTON – A former employee of the Metropolitan Police Department (MPD) was sentenced today to 78 days in jail, to be spent on weekends, for accepting more than $40,000 in bribes in exchange for providing personal identifying information of traffic crash victims and for carrying out a separate scheme involving insurance fraud.
Kendra Coles, 46, of Beltsville, Md., pleaded guilty in March 2019, in the U.S. District Court for the District of Columbia, to one count each of bribery of a public official and conspiracy to commit insurance fraud. She was sentenced by the Honorable Emmet G. Sullivan. The judge also placed her on three years of probation. She is also required to pay more than $6,000 in restitution to an insurance carrier as well as a $40,0001 forfeiture money judgment.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Wayne A. Jacobs, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, and Robert J. Contee III, Chief of the Metropolitan Police Department.
According to the government’s evidence, Coles began work for the Metropolitan Police Department in 2006 as a customer service representative. In late 2012, she became a staff assistant and was assigned to the Patrol Services and School Safety Bureau. Coles was in that position when, in approximately 2015, she conspired with two individuals who were “runners.” These “runners” were in the business of connecting lawyers and accident victims.
These “runners” were able to identify potential clients by obtaining police reports of recent traffic accidents, referred to as Traffic Crash Reports. Before 2015, these reports were publicly available and could be obtained from a clerical office at MPD. In January 2015, however, MPD issued a general order restricting the distribution of Traffic Crash Reports to persons involved in a crash and certain family members and representatives. The order aimed to protect crash victim confidentiality and limit solicitations by “runners.”
To circumvent the general order, the “runners” began paying Coles cash in exchange for her providing Traffic Crash Reports, to which she had access by virtue of her employment at MPD. Specifically, one “runner” paid Coles approximately $400 to $500 per week and another “runner” paid her approximately $350 per week. Over the two years she engaged in the scheme, Coles received more than $40,000 from at least two “runners.”
In exchange, Coles accessed the reports and created handwritten ledgers. These ledgers contained the reports’ essential information, including crash victims’ identity and contact information. Coles would also provide information regarding the nature of the crash, including whether it included an injury, property damage, or was a hit and run. Coles would then take a picture of the ledger and send them to “runners” via email or text.
An audit conducted by MPD revealed that between June 1, 2017 and October 6, 2017, alone, Coles had accessed Traffic Crash Reports 3,367 times.
The investigation is continuing. One of the "runners," Marvin Parker, 62, of Silver Spring, Md., pleaded guilty to a bribery charge and was sentenced in January 2020 to 18 months in prison.
In a separate scheme, Coles committed insurance fraud. In late June 2017, her car required between $1,000 and $2,400 for parts and an additional $700 for labor. In addition, Coles owed $1,505 to the D.C. Department of Motor Vehicles for unpaid parking tickets and fees. Rather than incur these costs, Coles conspired with a family friend to have the car “disappear” so she could file an insurance claim. In furtherance of her scheme, on July 31, 2017, Coles abandoned her car and her co-conspirator set it on fire. After filing a false theft report, Coles collected more than $1,000 from her insurance carrier.
In announcing the sentence, Acting U.S. Attorney Phillips, Special Agent in Charge Jacobs, and Chief Contee commended the work of those who assisted the case from the FBI’s Washington Field Office and MPD’s Internal Affairs Division. They also acknowledged the work of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialist Angeline Thekkumthala, and Assistant U.S. Attorneys Joshua Rothstein, Katherine Rakoczy, and Veronica Sanchez, who investigated and prosecuted this matter.
Foreign National Sentenced for Money Laundering Funds to Promote Turtle TraffickingRead the Press Release
A Chinese citizen was sentenced today to 38 months in prison and one year of supervised release on a federal money laundering conviction.
Kang Juntao, 25, of Hangzhou City, China, had previously pleaded guilty in U.S. District Court in Camden, New Jersey, to financing a nationwide ring of individuals who smuggled at least 1,500 protected turtles, valued at more than $2,250,000, from the United States to Hong Kong. The court also ordered Kang to pay a $10,000 fine, equaling the total assets he held in the United States.
From at least June 12, 2017, to Dec. 3, 2018, Kang recruited a network of poachers, shippers and middlemen to illegally obtain and export turtles. He sent money through U.S. banks, including one in New Jersey, to pay for the turtles and their shipments. He arranged for the turtles to be sold illegally in the Chinese pet market for thousands of dollars each.
Kang had never entered the United States, but the U.S. money laundering statute provides jurisdiction when someone outside of the country passes more than $10,000 through the U.S. financial system to promote specified unlawful activities, such as smuggling wildlife.
In furtherance of the United States’ request for provisional arrest with a view to extradition, the Royal Malaysia Police arrested Kang when he traveled to Kuala Lumpur on Jan. 23, 2019. Kang was extradited to the United States to stand trial in the District of New Jersey in December 2020 pursuant to the extradition treaty between the United States and Malaysian governments.
“The Department of Justice will vigorously prosecute those who finance and profit from illegal wildlife trafficking, even if they do so from abroad,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division.
“The extradition of a foreign national who had never set foot on American soil for financing a turtle-trafficking ring in the U.S. sends an important message: those who exploit imperiled wildlife for profit will be brought to justice,” said Assistant Director Edward Grace for the U.S. Fish and Wildlife Service Office of Law Enforcement. “This investigation illustrates the global reach of the Service’s Office of Law Enforcement made possible by close coordination with partners, including the government of Malaysia, and our resolve to stop international wildlife trafficking from source to consumer.”
The United States, Malaysia, China and approximately 181 other countries are signatories to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). CITES is an international treaty that restricts trade in species that may be threatened with extinction.
Kang trafficked in five turtle species protected by the treaty. The eastern box turtle (Terrapene carolina carolina), the Florida box turtle (Terrapene carolina bauri) and the Gulf Coast box turtle (Terrapene carolina major) are subspecies of the common box turtle (Terrapene carolina) and have been listed in CITES since 1995. The spotted turtle (Clemmys guttata) is a semi-aquatic turtle listed in CITES as of 2013. The wood turtle (Glyptemys insculpta) has been protected under CITES since 1992. The turtles are worth on average between $650 to $2,500 each in the Asian market. Female turtles with rare markings have been sold for as much as $20,000.
Kang sent money via PayPal, credit cards or bank transfers to the United States to purchase turtles from sellers advertising on social media or reptile trade websites. These suppliers then shipped the turtles to middlemen across five different states. The middlemen were typically Chinese citizens who entered the country on student visas. Kang paid and instructed these intermediaries to repackage the turtles in boxes with false labels for clandestine shipment to Hong Kong. The turtles were inhumanely bound with duct tape and placed in socks so as not to alert customs authorities. Neither Kang nor his associates declared the turtles to U.S. or Chinese customs or obtained the required CITES permits.
Assistant Attorney General Todd Kim made the announcement.
The government is represented by Trial Attorneys Ryan Connors and Lauren Steele of the Environmental Crimes Section. The USFWS conducted the investigation.
The Justice Department’s Office of International Affairs, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Malaysia Attaché, the U.S. Department of State’s Diplomatic Security Service, the U.S. Embassy in Malaysia, the Attorney General’s Chambers of Malaysia and the Royal Malaysia Police provided invaluable assistance in supporting the extradition and coordinating the return of Kang to the United States.