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Monday 23 August 2021
Brooklyn Federal Jury Convicts U.S. Citizen of Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, a federal jury in Brooklyn convicted Bernard Raymond Augustine, a U.S. citizen and California resident, of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”). The verdict followed a one-week trial before U.S. District Judge Sterling Johnson Jr. When sentenced, Augustine faces up to 20 years in prison.
The evidence at trial established that in February 2016, the defendant traveled from San Francisco, California, to Northern Africa, with the goal of joining ISIS, a designated foreign terrorist organization. In the months leading up to his travel, the defendant watched ISIS propaganda, including videos glorifying ISIS’s violence, such as “The Flames of War.” The defendant conducted internet searches for, among other things, “how to safely join ISIS,” and reviewed websites related to ISIS recruitment practices, including one titled “How does a Westerner join ISIS? Is there a recruitment or application process?”
Augustine also posted numerous statements in support of ISIS and violent extremism on the internet. He posted statements such as “the Islamic State is the true Islam,” “Muslims who leave the west . . . answer the call for the struggle, and march until they are victorious or martyred are the true believers,” and the ISIS caliphate “can’t be established and maintained except through the blood of the mujahideen who practice the true belief.”
Augustine then purchased a one-way airplane ticket and traveled to Tunisia so that he could present himself as a willing participant in ISIS’s terrorist activity. After arriving in Tunisia, Augustine was detained by local authorities before he could make it to ISIS-controlled territory across the border in Libya. He was subsequently returned to the United States in 2018, where he was brought to the Eastern District of New York for prosecution.
Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division, Acting U.S. Attorney Jacquelyn M. Kasulis for the Eastern District of New York, Assistant Director-in-Charge Michael J. Driscoll of the FBI’s New York Field Office, and Commissioner Dermot F. Shea of the New York City Police Department (NYPD) announced the verdict.
The government’s case is being handled by the U.S. Attorney’s Office’s National Security and Cybercrime Section. Assistant U.S. Attorneys Craig R. Heeren, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorneys Phil Viti and George Kraehe of the National Security Division’s Counterterrorism Section. The Justice Department’s Office of International Affairs provided assistance.
Brooklyn Federal Jury Convicts U.S. Citizen of Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, a federal jury in Brooklyn convicted Bernard Raymond Augustine, a U.S. citizen and California resident, of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”). The verdict followed a one-week trial before United States District Judge Sterling Johnson, Jr. When sentenced, Augustine faces up to 20 years in prison.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Mark J. Lesko, Acting Assistant Attorney General of the Justice Department’s National Security Division, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the verdict.
“The defendant’s unvarnished testimony at trial demonstrates his ongoing support for ISIS and its glorification of barbaric acts of terrorism, including attacks on U.S. soldiers, the enslavement of Yazidi women and mass killings, which he described as ‘cool,’” stated Acting U.S. Attorney Kasulis. “Today’s guilty verdict underscores the strong commitment of this Office and its law enforcement partners to combatting terrorism and protecting the United States from potentially dangerous threats to its national security.”
The evidence at trial established that in February 2016, the defendant traveled from San Francisco, California to Northern Africa, with the goal of joining ISIS, a designated foreign terrorist organization. In the months leading up to his travel, the defendant watched ISIS propaganda, including videos glorifying ISIS’s violence, such as “The Flames of War.” The defendant conducted internet searches for, among other things, “how to safely join ISIS,” and reviewed websites related to ISIS recruitment practices, including one titled “How does a Westerner join ISIS? Is there a recruitment or application process?”
Augustine also posted numerous statements in support of ISIS and violent extremism on the internet. He posted statements such as “the Islamic State is the true Islam,” “Muslims who leave the west . . . answer the call for the struggle, and march until they are victorious or martyred are the true believers,” and the ISIS caliphate “can’t be established and maintained except through the blood of the mujahideen who practice the true belief.”
Augustine then purchased a one-way airplane ticket and traveled to Tunisia so that he could present himself as a willing participant in ISIS’s terrorist activity. After arriving in Tunisia, Augustine was detained by local authorities before he could make it to ISIS-controlled territory across the border in Libya. He was subsequently returned to the United States in 2018, where he was brought to the Eastern District of New York for prosecution.
Augustine represented himself at trial with the assistance of standby counsel. The defendant took the witness stand in his own defense and his testimony included the following statements:
- “I just want to tell the jury that I do not regret my decision, I’m proud of my decision and if I could go back and start over I would do it again, and if I became a free man tomorrow I would do it again, I would leave and I would do that again. I have no regrets about it and I’m proud of it. And I believe that all Muslims must immigrate to the Islamic State upon its establishment, especially ones living in the west.”
- Augustine testified that he was aware that Islamic State fighters slaughtered members of the Yazidi ethnic group, and that he understood that the Islamic State enslaved Yazidi women.
- Augustine described the Islamic State propaganda film “Flames of War,” which he acknowledged contains mass killings, as “a really cool video. You should watch the whole thing.”
- Augustine testified that Islamic State propaganda showing holy warriors fighting and engaging in martyrdom and suicide bombings was “cool” and “hell, yeah, it was cool.”
he government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Craig R. Heeren, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorneys Phil Viti and George Kraehe of the Counterterrorism Section of the Department of Justice. The Justice Department’s Office of International Affairs provided assistance.
The Defendant:
BERNARD RAYMOND AUGUSTINE
Age: 25
Keyes, CaliforniaE.D.N.Y. Docket No. 18-CR-383 (SJ)
Braddock Felon Admits Illegally Possessing a Stolen Glock HandgunRead the Press Release
PITTSBURGH, PA - A resident of Braddock, Pennsylvania, pleaded guilty today in federal court on a charge of possession of a firearm by a convicted felon, Acting United States Attorney Stephen R. Kaufman announced today.
Andrea Gray, age 26, pleaded guilty to one count before Senior United States District Judge Donetta Ambrose.
According to information provided to the court, on July 21, 2020, Andrea Gray was in a group of about 10 people on a front porch in the 700 block of Baldridge Avenue in Braddock. As someone on the porch was rolling a marijuana cigarette in plain view, Allegheny County Police detectives stopped their car nearby and exited the car wearing clothes identifying them as police.
The group on the porch dispersed, including Mr. Gray who reached for his waistband where he retrieved a black handgun as he ran away. A detective shouted for Mr. Gray to stop and drop the gun. Mr. Gray kept running and threw the handgun into a neighboring backyard. One detective kept chasing Mr. Gray and ultimately took him into custody.
Two detectives recovered the handgun that Mr. Gray threw into the backyard. The gun was a black Glock, Model 22, .40 caliber handgun, bearing serial number NMD679. The Glock was fully loaded with .40 caliber rounds - 11 in the magazine and one in the chamber - and had previously been reported stolen. The Glock also traveled in interstate or foreign commerce after it was manufactured.
Mr. Gray was transported to UPMC Mercy where he volunteered to detectives that he told the group of people on the porch to “take the weed inside,” and when he saw the detectives’ police markings, he knew that it was “over.” After detectives Mirandized Mr. Gray, he waived his rights and admitted that he had the gun. Mr. Gray also acknowledged that he knew he could not lawfully purchase or possess a handgun because of a prior felony conviction for violating controlled substance laws.
Judge Ambrose scheduled sentencing for Jan. 4, 2022, at 10 a.m. The law provides for a maximum total sentence of not more than 10 years in prison, a fine not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Ira M. Karoll prosecuted this case on behalf of the government.
The Allegheny County Police Department conducted the investigation. This case was part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Boscawen Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
CONCORD - Adam Beck, 26, of Boscawen, pleaded guilty in federal court on Friday to four drug trafficking charges related to the distribution of methamphetamine and fentanyl, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in October 2020, investigators with the New Hampshire Attorney General’s Drug Task Force received information from a cooperating individual that Beck was distributing drugs around Boscawen and Warner. The cooperator assisted law enforcement officers in making controlled buys of methamphetamine and fentanyl from Beck. Officers also conducted surveillance of Beck and observed him engaging in hand-to-hand drug transactions.
On December 10, 2020, investigators arrested Beck on drug distribution charges. On his person, they found approximately $1,200 and a small bag containing fentanyl. That same day, investigators obtained a search warrant for a Webster residence associated with Beck. During the search, investigators located nearly $15,000, approximately a pound and a half of methamphetamine, approximately 100 grams of fentanyl, and other incriminating items in a room that belonged to Beck.
Beck is scheduled to be sentenced on December 6, 2021.
“Drug traffickers who seek to profit from the sale of dangerous drugs like fentanyl and methamphetamine are a threat to communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “Law enforcement officers are working together to protect the Granite State from drug dealers and the deadly products they sell. This successful prosecution was a result of that collaboration and it prevented significant amounts of fentanyl and methamphetamine from being sold in our state.”
This matter was investigated by the New Hampshire Attorney General's Drug Task Force, Concord Police Department, Merrimack County Sheriff's Department, Webster Police Department, and the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Charles Rombeau.
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Bergen County Woman Sentenced to 27 Months in Prison for Illegally Using Individuals’ Identities to Obtain More Than $300,000Read the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, woman was sentenced today to 27 months in prison for participating in a scheme to obtain over $300,000 by illegally charging or attempting to charge victims’ financial accounts without authorization, Acting U.S. Attorney Rachael A. Honig announced.
Briana Burford, 27, of Fort Lee, New Jersey, previously pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an information charging her with wire fraud. Judge Cecchi imposed the sentence today by videoconference.
According to documents filed in the case and statements made in court:
From October 2018 through December 2018, Burford made four Bitcoin transactions. The Bitcoin were sent to accounts associated with carding websites, which are websites that engage in the trafficking of stolen or otherwise illegally obtained credit card, bank account and other personal identification information, as well as services and tools that one can use to engage in fraudulent activity.
The two telephone numbers used to make the four Bitcoin transactions, along with other telephone numbers, were used to inquire about bank accounts that were later compromised and subject to fraud. For instance, on Aug. 31, 2018, one of the telephone numbers was used to contact a bank and inquire about a specific bank account. Later that day, Burford, without authorization, charged a purchase of approximately $9,000 to that bank account.
In addition to the prison term, Judge Cecchi sentenced Burford to three years of supervised release and ordered her to pay $245,570 in restitution.
Acting U.S. Attorney Honig credited special agents of U.S. Department of Homeland Security Investigations in Newark, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Ashland Man Pleads Guilty to Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – An Ashland, Kentucky man pleaded guilty today to a federal gun crime.
According to court documents, Dave Joshua Kistner IV, 44, received a Colt Commander .45 caliber pistol at Freedom Gun and Pawn in Huntington on April 29, 2017, by redeeming a pawn ticket. Kistner had been adjudicated a mental defective in the Circuit Court of Cabell County in February 2017, thereby prohibiting him from possessing the firearm. When interviewed by law enforcement, Kistner admitted to re-selling the pistol to a different pawn store.
Kistner pleaded guilty to possession of a firearm by a prohibited person and faces up to 10 years in prison when sentenced on November 29, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00019.
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Acton and Manchester Men Arrested for Fraud Involving Small Business Administration Disaster FundsRead the Press Release
BOSTON – Two men were arrested on Thursday, Aug. 19, 2021 in connection with a conspiracy to use stolen identities to fraudulently obtain disaster loans from the Small Business Administration (SBA) and to launder the funds.
Edwin Acevedo, 35, of Acton, and Hector Garcia, 49, of Manchester, N.H., were each charged with one count of conspiracy to commit wire fraud. Garcia was also charged with one count of aggravated identity theft. Acevedo made his initial appearance on Thursday, Aug. 19, 2021 and is being held pending a detention hearing. Garcia will make an initial appearance in federal court in Boston on Sept. 3, 2021.
According to charging documents, the defendants conspired with others to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. It is alleged that Garcia used stolen identity information of a United States citizen to open a fraudulent bank account, which was then linked to other fraudulent bank accounts set up to receive the SBA funds. Acevedo allegedly coordinated co-conspirators’ receiving some of the debit cards associated with fraudulent bank accounts into which SBA funds were deposited, and assisted in laundering those funds by using the debit cards to purchase iPhones for re-sale. It is also alleged that Garcia and other co-conspirators wired a portion of the funds to the Dominican Republic.
It is alleged that over $452,000 in SBA funds were fraudulently obtained in connection with the scheme. Approximately $250,000 of this money was used to purchase iPhones in Massachusetts and New Hampshire.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of aggravated identity theft provides for a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Valuable assistance was also provided by Homeland Security Investigations in Orlando, Fla.; Small Business Administration, Office of the Inspector General; Department of Housing and Urban Development, Office of the Inspector General; Social Security Administration, Office of the Inspector General; Department of Labor, Office of the Inspector General; Department of State; U.S. Postal Inspection Service; Massachusetts State Police; New Hampshire State Police; and the Acton, Nashua (N.H.), Manchester (N.H.) and Ocala (Fla.) Police Departments. Assistant U.S. Attorneys Elianna Nuzum and Adam Deitch of Mendell’s Major Crimes Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sunday 22 August 2021
Acting U.S. Attorney Steve Kaufman’s Statement on the Passing of Gene VittoneRead the Press Release
PITTSBURGH – Stephen R. Kaufman, Acting United States Attorney for the Western District of Pennsylvania, issued the following statement today:
“As District Attorney, Gene Vittone did a wonderful job for the citizens of Washington County. He was a great friend of our office and an unwavering partner in the fight to combat the opioid crisis. Just last month he participated with us in the Drug Summit held at Saint Vincent College.
He will be deeply missed by all of western Pennsylvania law enforcement. We extend our sincere condolences to Gene’s family and to the members of the Washington County District Attorney’s office.”
Friday 20 August 2021
Twice Convicted Drug Dealer Sentenced to 168 Months ImprisonmentRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jesse Reyes Babauta, age 43, was sentenced in the United States District Court of the Northern Mariana Islands to 168 months imprisonment for Conspiracy to Possess Methamphetamine with Intent to Distribute, a Schedule II Substance in violation of 21 U.S.C. §§ 846, 841(a)(1)(b)(1)(C). The Court also ordered five years of supervised release following imprisonment, 100 hours of community service, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From September to November 2020, Jesse Reyes Babauta, managed and organized the importation of over 70 grams of methamphetamine into the CNMI through the United States Postal Service. The drugs were hidden inside greeting cards. In sentencing Babauta, the Court explicitly found that he used both fear and affection to involve other individuals in the illegal transport of controlled substances. Babauta was also convicted of Conspiracy to Distribute Methamphetamine in federal court in 2013.
U.S. Attorney Anderson stated, “As this case demonstrates, repeat offenders can expect lengthy sentences as a result of federal prosecution. I applaud the efforts of our law enforcement partners in continuing to target drug crimes in the CNMI.”
This case was a joint investigation by Drug Enforcement Administration, United States Postal Inspection Service, with the assistance from CNMI Customs Service. This case was prosecuted by Garth R. Backe, Assistant United States Attorney in the District of the Northern Mariana Islands.
Three Members of ‘135 Piru’ Set of Bloods Street Gang Charged with Firearms and Narcotics Offenses, Including Possession of Two Assault-Style PistolsRead the Press Release
NEWARK, N.J. – Three Essex County, New Jersey, men have been charged in connection with possessing five firearms and distributing, and possessing with the intent to distribute, controlled substances in Orange, East Orange, and Newark, Acting U.S. Attorney Rachael A. Honig announced.
Myron Fulton, 29, of East Orange, is charged by complaint with possession of a firearm and ammunition by a convicted felon. Joshua Baltimore, aka “Ab,” 29, of Newark, and Azmar Carter, aka “Bizzy,” 29, of East Orange, are each charged by complaint with distribution and possession with intent to distribute cocaine base, possession of a firearm and ammunition by a convicted felon and possession of a firearm in furtherance of a drug trafficking crime. Carter is also charged with distribution of and possession with intent to distribute heroin. Fulton appeared by videoconference today before U.S. Magistrate Judge Michael A. Hammer and was released on $100,000 bond. Carter and Baltimore appeared by videoconference on Aug. 18, 2021, before Judge Hammer and were detained.
According to documents filed in this case and statements made in court:
The “135 Piru” set of the Bloods street gang operates primarily around Orange and distributes a large quantity of narcotics throughout Essex County. Baltimore, Carter and Fulton are self-admitted members of the 135 Piru set.
On June 30, 2021, law enforcement executed a search warrant on Fulton’s car and recovered a firearm and a high-capacity magazine that contained 33 rounds of ammunition. Fulton is not permitted to possess a firearm and ammunition based on prior convictions for firearm possession and aggravated assault.
On Aug. 18, 2021, during lawful searches of their respective residences and cars, law enforcement officers recovered the following items: a loaded 9 millimeter pistol; a loaded .40 caliber pistol; a Draco AK 47 pistol and 48 rounds of associated ammunition; a loaded Smith and Wesson AR pistol and 27 rounds of associated ammunition; 479 grams of suspected heroin; 16.4 grams of suspected cocaine base; and $18,632.
The count of being a felon in possession of a firearm and ammunition carries a maximum potential penalty of 10 years in prison. The narcotics counts carry a statutory mandatory minimum penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a fine of $2 million. The counts of possession of a firearm in furtherance of a drug trafficking crime carry a statutory mandatory minimum penalty of five years in prison, which must run consecutively to any other sentence imposed, and a maximum potential penalty of life in prison. Each firearm count carries a maximum fine of $250,000.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; members of the Orange Police Department, under the direction of Police Director Todd Warren; members of the Elizabeth Police Department, under the direction of Chief of Police Giacomo Sacca and Police Director Earl J. Graves; members of the East Orange Police Department, under the direction of Chief Phyllis Bindi; and members of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, with the investigation leading to the charges.
This case is part of Operation Orange, which is a part of the Violent Crime Initiative (VCI), which was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the purpose of combatting violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, the Orange Police Department and the Irvington Police Department.
The government is represented by Assistant U.S. Attorney Benjamin Levin of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations against the defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Three Area Kerrville Men Indicted for Distribution of Hydrocodone and OxycodoneRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned an indictment this week charging two Kerrville men and an Ingram man with distribution of narcotics.
According to court documents, Scott Mitchell Brown, 35, and John Henry Swiencki, 51, of Kerrville and David Jeffery Hughes, Jr., 42, of Ingram are all charged with one count of conspiring to distribute hydrocodone, oxycodone and amphetamines.
In addition to the distribution charge, Brown is charged with one count of theft of prescription medications; one count of possession of stolen mail; and one count of obtaining unauthorized health information from the Kerrville Veterans Affairs Medical Center. Hughes is also charged with one count of being a felon in possession of a firearm.
Swiencki and Hughes are scheduled to make their initial court appearances today before U.S. Magistrate Judge Henry Bemporad. Brown is scheduled for an arraignment on September 2, 2021, before U.S. Magistrate Judge Richard Farrer.
If convicted on the distribution charge the defendants face up to 20 years in prison. Brown faces up to an additional 10 years in prison on the theft of prescription medications charge and 10 years in prison on the obtaining unauthorized health information charge. He also faces an additional five years in prison for the possession of stolen mail charge. Hughes faces an additional sentence of up to 10 years in prison for the felon in possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Field Office; U.S. Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division; U.S. Department of Veterans Affairs Office of Inspector General (VAOIG) Special Agent in Charge Jeffrey Breen, South Central Field Office; and Kerr County Sheriff L.L. Leitha made today’s announcement.
The DEA, USPIS, VAOIG and the Kerr County Sheriff’s Office are investigating this case.
Assistant U.S. Attorney Priscilla Garcia is prosecuting this case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Texas Man Charged with Conspiring with Michael Mann to Defraud LendersRead the Press Release
ALBANY, NEW YORK – Derek R. Schwartz, age 52, of Coppell, Texas, was indicted yesterday and accused of conspiring with ValueWise CEO Michael T. Mann to defraud companies that loaned millions of dollars to ValueWise subsidiaries.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Schwartz was charged with conspiring to commit wire fraud, along with four counts of wire fraud, and will be arraigned at a later date. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the indictment, Mann obtained millions of dollars in loans from two financing companies, located in New York and Colorado, by falsifying his companies’ receivables. Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”), and its subsidiary OptumInsight Inc. (“Optum”), owed millions of dollars to his companies. Mann routinely created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for loans.
Schwartz was a high-level executive at Optum, and then began working for ValueWise in about October 2013. Until about August 2016, he operated TrueHR, LLC, a ValueWise subsidiary based in Dallas, Texas.According to the indictment, in or about October 2013, Schwartz recruited a UHG/Optum employee, Luke Steiner, to falsely represent to the financing companies that the fake invoices created by Mann were valid and payable by Optum. With Schwartz’s encouragement and direction, Steiner regularly made these false verifications for six years, ending in August 2019.
Schwartz also allegedly took other actions in furtherance of the fraudulent scheme, including, according to the indictment:
- In 2014 and 2015, he recruited at least two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies.
- From 2014 through 2019, he made misrepresentations directly to one of Mann’s lenders, identified in the indictment as “Financing Company-2.” Mann falsely represented to Financing Company-2 that one of his companies, Weitz & Associates, needed loans in order to pay its vendors. As part of its due diligence process, Financing Company-2 verified, with Weitz’ purported vendors, that they were receiving payments from Weitz. One such purported vendor was TrueHR, a ValueWise company operated by Schwartz. In fact, TrueHR was not a Weitz vendor, and Schwartz regularly lied to Financing Company-2 about TrueHR receiving payments from Weitz – and continued to do so even after TrueHR ceased to exist as a company.
- Schwartz worked with Mann to fabricate Weitz vendors. Mann told Financing Company-2 that, in additional to TrueHR, Weitz had a number of other vendors. Mann, with Schwartz’ help, fabricated the names and contact information of non-existent people working at fake Weitz vendors.
If convicted of any of the charges in the indictment, Schwartz faces up to 20 years in prison, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Mann pled guilty to various crimes in connection with his fraudulent scheme, and was sentenced earlier this month to 144 months in prison. Steiner, age 33, of Minneapolis, Minnesota, pled guilty in February 2020 to conspiring with Mann, and is pending sentencing.
This case is being investigated by the FBI, and being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.
- In 2014 and 2015, he recruited at least two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies.
Syracuse Man Convicted at Trial of Naturalization FraudRead the Press Release
BINGHAMTON, NEW YORK – Fadl Mohamad Alharbi, age 50, of Syracuse, New York, was convicted today following a federal jury trial of naturalizing contrary to law and submitting a false statement in a passport application, announced Acting United States Attorney Antoinette T. Bacon and Timothy Novak, Resident Special Agent in Charge, Buffalo, New York, U.S. Department of State-Diplomatic Security Service (DSS).
The trial evidence revealed that Alharbi, a native of Yemen, used a false name and falsely posed as the son of his uncle, who was a U.S. citizen (and is now deceased), in order to obtain lawful permanent residency in the United States and, later, to naturalize as a U.S. citizen and to apply for a passport. The defendant later admitted in interviews with immigration and Department of State officials that he knew these facts about his identity were false and that he had submitted these false statements in order to naturalize and to obtain a passport.
The charges for which Alharbi was convicted carry a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. Alharbi also faces denaturalization as a result of his naturalization fraud conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Alharbi will be sentenced in federal court in Binghamton, New York, on January 4, 2022, by Senior United States District Judge Thomas J. McAvoy, who presided over the trial.
This case was investigated by the U.S. Department of State-Diplomatic Security Service with assistance from United States Citizenship and Immigration Services (USCIS), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Sutton Man Convicted of Cocaine ConspiracyRead the Press Release
BOSTON – A Sutton man was convicted by a federal jury in Worcester today of conspiring to distribute cocaine.
Bruce Marando, 47, was convicted following a four-day trial of conspiracy to distribute cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 10, 2021.
Evidence at trial established that from March to May 2017, Marando conspired with Vito Nuzzolilo and others to distribute cocaine, including crack cocaine. A wiretap revealed numerous communications in which Marando and Nuzzolilo discussed purchasing and selling cocaine, cooking crack cocaine and distributing cocaine to satisfy a $9,000 debt that Marando owed Nuzzolilo. As a result of the investigation, law enforcement seized drugs from various locations, including 250 grams of cocaine from Nuzzolilo’s band room.
In April 2020, Nuzzolilo was sentenced to 134 months in prison and eight years of supervised release.
The charge of conspiracy to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Division; and Webster Police Chief Michael D. Shaw made the announcement today. Assistant U.S. Attorneys Lucy Sun of Mendell’s Worcester Branch Office and Elysa Wan of Mendell’s Criminal Division prosecuted the case.
St. Francis Woman Charged with Conspiracy to Distribute MethRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Iverina Crow Eagle, age 43, was indicted on October 14, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $5,000,000 fine, four years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than January 2018, Crow Eagle conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine on the Rosebud Indian Reservation.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan Dilges is prosecuting the case.
Crow Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Springfield Man Sentenced for Racketeering Offenses Relating to ProstitutionRead the Press Release
BOSTON – A Springfield man was sentenced yesterday in federal court in Springfield for racketeering offenses relating to the promotion of commercial sex.
Kevin Smoot, 60, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (approximately 22 days) and three years of supervised release. The government recommended a sentence of one year in prison. On April 12, 2021, Smoot pleaded guilty to one count of conspiracy to use a facility of interstate commerce to promote prostitution offenses and seven counts of use of a facility of interstate commerce to promote prostitution offenses.
Between February 2019 and June 2020, Smoot conspired with others to promote commercial sex involving several women. Smoot transported women to and from commercial sex appointments, recruited and encouraged them to engage in commercial sex acts for money and helped to procure illegal drugs for use by the drug-addicted women. In addition, Smoot provided a residential location for commercial sex acts between female victims of sex trafficking and male customers, taking actions to collect money from male customers, and benefiting from the proceeds.
Acting United States Attorney Nathaniel R. Mendell; Massachusetts Attorney General Maura Healey; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County Sheriff Nicholas Cocchi; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner Cheryl Clapprood made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office prosecuted the case.
Sons of Silence Enforcer and Convicted Felon Sentenced to Federal Prison for Possessing a FirearmRead the Press Release
A man who was the enforcer for the Northern Iowa Chapter of the Sons of Silence Motorcycle Club was sentenced yesterday to 10 months in federal prison.
Justin Carlson, age 38, from Sheffield, Iowa, received the prison term after a March 19, 2021 guilty plea to one count of being a felon in possession of a firearm.
In the guilty plea and sentencing proceedings, Carlson admitted that on April 5, 2020, Carlson, a convicted felon, and other members of the Sons of Silence and another affiliated group confronted a motorcyclist, who was an off-duty police officer, claiming the officer needed permission from the Sons of Silence to wear one of the patches on the back of the motorcyclist’s jacket. In a subsequent search of Carlson’s home in Sheffield, Iowa, officers recovered Carlson’s Sons of Silence motorcycle vest, which had a brass knuckles in the pocket, numerous items of Sons of Silence paraphernalia, and two firearms.
Carlson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Carlson was sentenced to ten months’ imprisonment and must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Carlson was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Tri-County Drug Enforcement Task Force, Clarion Police Department, Franklin County Sheriff’s Office, Waverly Police Department, Iowa Division of Narcotics Enforcement, Algona Police Department, and the Wright County Sheriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-3035.
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Sharee D. Joyner Sentenced to 30 Months Imprisonment for Drug TraffickingRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Sharee Diaz Joyner, age 44, from San Vicente, Saipan, was sentenced in the United States District Court of the Northern Mariana Islands to thirty months imprisonment for Attempting to Possess Over Five Grams of Methamphetamine with the Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1). The Court also ordered four years of supervised release following imprisonment, 100 hours of community service, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From January to February 2019, Sharee Diaz Joyner conspired with others to obtain methamphetamine with the intent to distribute the drug in the CNMI. Joyner contacted her source of supply on Rota to have methamphetamine fronted to her. Joyner would pay for the drugs after they were sold. On the next trip to Rota, Joyner received 39.15 grams of methamphetamine. She brought the drugs back to Saipan by plane. CNMI Customs Inspectors discovered the drugs during an inspection upon her arrival. A DEA forensic chemist determined that the drugs were 96% pure.
This was a joint investigation by the United States Drug Enforcement Administration, CNMI Customs Service, and CNMI Drug Enforcement Task Force. The case was prosecuted by Garth R. Backe, Assistant United States Attorney in the District of the Northern Mariana Islands.
Seven Individuals Indicted by Federal Grand Jury in Methamphetamine Conspiracy CasesRead the Press Release
Owensboro, Kentucky – On August 11, 2021, a federal grand jury in Bowling Green returned two Indictments charging seven individuals with conspiring to traffic in large amounts of methamphetamine in the Daviess County area during a span of several months in 2020 and 2021.
An Indictment unsealed this week in U.S. District Court charges Darrell Murphy, 46, of Madisonville, Kentucky, Terry Cook, 43, of Owensboro, Noah Boswell, 39, of Owensboro, William Darmell Murphy, 58, of Owensboro, and Elizabeth Breanne Harris, 39, of Owensboro, with having conspired with each other, and others, to possess with the intent to distribute over 500 grams of methamphetamine in the Daviess County area between May 27, 2020 and January 27, 2021.
The second unsealed Indictment charges Jamarquius D. Trice, age 32, of Louisville, Kentucky, and Jermaine Lee, Sr., 48, of Owensboro, with having conspired with each other, and others, to possess with the intent to distribute over 500 grams of methamphetamine in the Daviess County area between August 24, 2020, and February 1, 2021.
If convicted, the defendants each face a sentence of 10 years to Life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Michael A. Bennett made the announcement.
The U.S. Drug Enforcement Administration (DEA), Owensboro Police Department, Daviess County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are investigating the cases.
Assistant U.S. Attorney Frank E. Dahl III is prosecuting the cases.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Ridgeland Woman Pleads Guilty to Unemployment Insurance Benefits FraudRead the Press Release
Jackson, Miss. – A Ridgeland woman pleaded guilty to theft of government funds involving unemployment insurance benefits fraud, announced Acting U.S. Attorney Darren J. LaMarca and U.S. Secret Service Resident Agent in Charge Shawn Wolfe.
According to court documents, in May 2020, it was discovered that unemployment insurance benefits from the State of Washington had been deposited into the bank account of Judith Ann Middleton, 71, of Ridgeland. Investigation into these benefits revealed that they were deposited under other individuals’ names. The unemployment insurance benefits were federally subsidized through the CARES Act in response to the COVID-19 pandemic.
Middleton is scheduled to be sentenced on November 18, 2021 and faces a maximum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Secret Service investigated the case. Assistant U.S. Attorneys Meghan M. McCalla and William Dieters prosecuted the case.
This case is being prosecuted as part of the Department of Justice’s National Unemployment Insurance Fraud Task Force (NUIFTF). In response to the unprecedented scope of Unemployment Insurance (UI) fraud, the Department of Justice established the NUIFTF. The NUIFTF is a prosecutor-led multi-agency task force with representatives from FBI, DOL-OIG, IRS-CI, HSI, DHS-OIG, USPIS, USSS, SSA-OIG, FDIC-OIG, and other agencies. Members of the NUIFTF are working with state workforce agencies, financial institutions, and other law enforcement partners across the country to fight UI fraud, and consumers should be vigilant in light of these threats and take the appropriate steps to safeguard themselves.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization that expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for unemployment insurance benefits.
Anyone with information about attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866‑720‑5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Repeat Sex Offender Sentenced to over 11 Years in Federal Prison for Possession of More Than 5,000 Videos of Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge Catherine C. Blake today sentenced Daniel Provencal, age 48, of Denton, Maryland, to 138 months in federal prison for possession of child pornography. Provencal also admitted guilt to violating his supervised release conditions established in relation to his previous child pornography conviction. Judge Blake also ordered that, upon his release from prison, Provencal must continue to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Joseph A. Riley of the Caroline County State’s Attorney’s Office.
According to his guilty plea, from January 2020 to October 2020, Provencal possessed and repeatedly distributed child pornography on an internet-based messaging application. Provencal used multiple devices to download and distribute images of prepubescent minors, including images that depicted sadomasochistic conduct.
In January 2020, the internet-based messaging application sent two CyberTips to the National Center for Missing and Exploited Children regarding two messaging accounts, paperfly6 and hyproglo13. Between the two accounts, more than 10 videos of child pornography were detected, including a video of a prepubescent girl approximately six to nine years old engaging in sexual acts with an adult male. The IP addresses associated with both reported accounts were assigned to Provencal’s Denton, Maryland residence.
As stated in his plea agreement, on October 15, 2020, law enforcement executed a search warrant at Provencal’s residence and seized several electronic devices including two cell phones, an SD card adaptor, six SD cards, a laptop, a computer, and two tablets.
During the search warrant, officers also recovered a piece of paper with 26 account usernames and passwords. The paperfly6 and hyproglo13 accounts were included on the list of accounts.
A forensic review of Provencal’s devices revealed that each device contained child pornography totaling in 5,000 videos of child abuse material. Investigators also discovered videos involving the abuse of an infant. In addition, the review revealed that Provencal repeatedly distributed child pornography abuse material to other users on the messaging application. Provencal also engaged in explicit chats in which he discussed his sexual attraction to minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Acting United States Attorney Jonathan F. Lenzner commended the FBI, Maryland State Police, and the Caroline County State’s Attorney’s Office for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Paul A. Riley who prosecuted the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Registered Sex Offender Arrested on Child Pornography ChargeRead the Press Release
BOSTON – A Lowell man was arrested yesterday and charged in connection with receiving child pornography over Snapchat.
Chayanne Nieves, 23, was charged with one count of receipt of child pornography. Following an initial appearance today before U.S. District Court Magistrate Judge David H. Hennessy, Nieves was detained pending a probable cause and detention hearing scheduled for Aug. 24, 2021.
According to the charging document, from around Nov. 30, 2020 until Dec. 3, 2020, Nieves communicated on Snapchat with an 11-year-old girl in Vermont. During those communications, Nieves threatened and extorted the victim to send him nude photographs of herself. During a search of Nieves’s residence in Lowell, Nieves confirmed that the Snapchat account used to communicate with the child was his. Nieves is a Level 3 registered sex offender.
Based on Nieves’s criminal history, the charge of receipt of child pornography provides for a sentence of at least 15 years and up to 40 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Matthew Birmingham, Director of the Vermont State Police, made the announcement. Valuable assistance was provided by the Lowell Police Department. Assistant U.S. Attorney Charles Dell’Anno of Mendell’s Major Crimes Unit is prosecuting the case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rapid City Man Sentenced to 18 Months for Illegally Possessing a FirearmRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced on August 16, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
Shaun Shorter, age 32, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shorter was indicted for the charges by a federal grand jury on July 23, 2020, and pleaded guilty on March 10, 2021. Shorter was knowingly in possession of an illegal sawed-off shotgun, which was found after he came into contact with law enforcement in April 2020 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Shorter was immediately remanded to the custody of the U.S. Marshals Service.
Previously convicted felon pleads guilty to federal firearm chargeRead the Press Release
ALBUQUERQUE, N.M. – Albert Vallejos, 43, of Albuquerque, pleaded guilty on Aug. 9 in federal court to being a felon in possession of a firearm and ammunition. Vallejos will remain in custody pending sentencing, which has not been scheduled.
Vallejos was indicted on March 27, 2019. According to the indictment and other court records, on Feb. 5, 2019, in Bernalillo County, New Mexico, Vallejos fired a handgun at a victim from his vehicle and fled the scene. On Feb. 13, law enforcement conducted a traffic stop and arrested Vallejos for an outstanding warrant. Law enforcement later discovered a firearm and two loaded magazines inside the vehicle.
Vallejos has at least four previous felony convictions, including for shooting at or from a motor vehicle, aggravated assault with a deadly weapon and being a felon in possession of a firearm. As a previously convicted felon, Vallejos cannot legally possess a firearm or ammunition.
Vallejos faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Special Assistant U.S. Attorney Timothy D. Trembley is prosecuting the case.
Pierre Man Charged with Conspiracy to Distribute MethRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Randy Little Shield, age 30, was indicted on August 10, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 14, 2021, in Pierre, Little Shield conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in central South Dakota.
The investigation is being conducted by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan Dilges is prosecuting the case.
Little Shield was remanded to the custody of the U.S. Marshals Service pending trial.
Phoenix Man Sentenced to over 11 Years for Operating International Drug Smuggling Ring Using Women as Mules Through Philadelphia and the CaribbeanRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Delgardo Frazer, 52, of Phoenix, AZ, was sentenced to eleven years and three months prison, and four years of supervised release by United States District Judge Chad F. Kenney for organizing and leading an international cocaine trafficking operation which was discovered and dismantled in 2018.
In April 2021, the defendant pleaded guilty to all counts in a Superseding Indictment charging him with intent to distribute fentanyl, conspiracy to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a convicted felon. The charges stemmed from an incident during which Frazer was arrested near Philadelphia International Airport (PHL) in connection with drug smuggling.
For his illicit trafficking organization, the defendant recruited and paid several young women from Arizona to serve as “drug mules,” who would travel at his behest to various Caribbean locations and then deliver suitcases containing kilos of cocaine to him in Philadelphia, PA, and to his conspirators in Orlando, FL. As part of the trafficking conspiracy, Frazer also distributed fake oxycodone pills which, in fact, contained fentanyl. The operation came to an end in July 2018, when one of the “drug mules,” after traveling a circuitous route through the Caribbean, was stopped by federal agents at PHL with two suitcases containing over 4 kilograms of cocaine. Frazer was waiting at a nearby hotel in Essington, PA, to pick her up at the airport. When he learned that she was stopped by law enforcement, he told her on a phone call to take a cab to the nearest cheap hotel, and at the same time he packed up and abandoned the hotel room five days ahead of schedule. The defendant was unaware that the woman was with federal agents who overheard that call.
The defendant drove out of the hotel parking lot quickly, and a Tinicum Township police officer on routine patrol observe him commit multiple traffic violations. The officer stopped Frazer and searched his vehicle at an on-ramp to Interstate-95, at which point approximately 485 fake oxycodone pills containing fentanyl were found in the gas cap, and a semi-automatic 9 mm Luger handgun loaded with 12 live rounds was found in the trunk. Frazer had a prior felony drug conviction in Arizona and was therefore not permitted to possess a firearm.
“Drug distribution and gun violence are an epidemic in Philadelphia, and the federal government is aggressively prosecuting both in order to be ‘All Hands On Deck’ to get dangerous criminals like this defendant off the streets,” said Acting U.S. Attorney Williams. “Delgado Frazer was a large-scale drug trafficker who exploited women to do the ‘heavy lifting’ of bringing illegal narcotics into our country through Philadelphia and other airports, which puts those communities in grave danger. We want to thank our law enforcement partners in this case, HSI and DEA, for their hard work and dedication.”
“Frazer admitted to organizing an international drug trafficking ring, putting deadly drugs in the hands of those struggling with addictions. HSI is committed to working with its law enforcement partners to ensure that those seeking to make a profit off the vulnerable are arrested to face the consequences of their criminal acts,” said HSI Philadelphia Special Agent in Charge, Brian Michael.
The case was investigated by the Homeland Security Investigations and the Drug Enforcement Administration, and is being prosecuted by Assistant United States Attorney Andrea G. Foulkes.
Owings Mills Man Facing Federal Charges for Conspiracy to Commit Visa Fraud and Aggravated Identity TheftRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Oluwatoyin Aborisade, a/k/a “Thoyinstar”, a/k/a “Toyin”, age 43, of Owings Mills, Maryland, for the federal charges of conspiracy to commit visa fraud, visa fraud, and aggravated identity theft.
The indictment was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Edwin Guard of the Department of State’s Diplomatic Security Service (DSS); and Baltimore District Director Gregory L. Collett of United States Citizenship and Immigration Services-Fraud Detection and National Security (USCIS-FDNS).
According to the 23-count indictment, from approximately December 2017 to October 2020, Aborisade conspired with others to commit visa fraud by presenting false statements and fraudulent immigration documents to the United States Citizenship and Immigration Services.
Aborisade established Phenmick Legal Center LLC and Phenmick Life Support Inc. with the purpose of providing services assisting aliens in immigration-related matters by submitting fraudulent documentation to the USCIS for a fee. Aborisade allegedly gave false, inaccurate, and incomplete legal and immigration advice to alien-clients in order to induce them to retain his services.
The indictment alleges that Aborisade provided monetary compensation to a co-conspirator to facilitate the fraudulent marriage between a U.S citizen and an alien-client of Phenmick Legal Center LLC. Allegedly, Aborisade later assisted in the fraudulent green card application for the alien-client.
The indictment also alleges that Aborisade and a co-conspirator, an employee of Phenmick Legal Center LLC, exchanged emails coordinating the fraudulent editing and falsifying of documents to be submitted in immigration filings to the USCIS, including psychological evaluations.
Allegedly, in an effort to commit visa fraud, Aborisade also provided co-conspirators with sample lease agreements to falsify immigration documentation and evidence that alien-clients had resided with their spouses, when in fact, they had not. As alleged by the indictment, Aborisade submitted at least 12 fraudulent documents to the USCIS.
Lastly, the indictment alleges that Aborisade committed aggravated identity theft by using the identification of real people on fraudulent visas, permits, and other documents without the victims’ permission. Aborisade allegedly used the names, passports, social security numbers, IRS Forms 1040, and a physician’s medical license number in filings with USCIS without their permission.
If convicted, Aborisade faces a maximum sentence of 15 years in federal prison for conspiracy to commit visa fraud, a maximum of 15 years in federal prison for via fraud, and a mandatory minimum of two years in prison, consecutive to any other sentenced imposed, for aggravated identity theft. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Jonathan F. Lenzner commended HSI, DSS, and the USCIS-FDNS for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Mary Setzer who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Oklahoma City Man Sentenced to Serve More Than 21 Years in Federal Prison for Fentanyl and Firearms OffensesRead the Press Release
OKLAHOMA CITY – Yesterday, DANIEL DEWAYNE COWNS, 46, of Oklahoma City, was sentenced to serve more than 21 years in federal prison for his involvement in fentanyl distribution and his possession of seven firearms—including several assault weapons—following multiple felony convictions, announced Acting U.S. Attorney Robert J. Troester.
On June 4, 2020, a federal grand jury returned a five-count Indictment charging Cowns with multiple drug and weapons offenses, including possession of more than 400 grams of fentanyl with intent to distribute and illegal possession of firearms by a convicted felon. The charges stemmed from a search warrant executed on Cowns’ residence by Oklahoma Bureau of Narcotics agents. The search resulted in the seizure of almost two pounds of a mixture containing fentanyl, smaller amounts of methamphetamine, nearly $26,000 in cash, and seven firearms—ranging from revolvers to large caliber rifles with extended magazines.
On January 12, 2021, Cowns pleaded guilty to Counts 1 and 4 of the Indictment, charging him with possession of fentanyl with intent to distribute and being a felon in possession of firearms, respectively.
On August 19, 2021, U.S. District Judge Scott L. Palk sentenced Cowns to serve 262 months in federal prison, followed by five years of supervised release. In imposing the sentence, Judge Palk noted the seriousness of the offense, including the dangerousness of fentanyl and the fact that Cowns was keeping these drugs and guns in a house with three minor children. Judge Palk also highlighted Cowns’ significant criminal history, which included multiple felony convictions, when explaining the sentence.
“The callous disregard by Cowns in keeping dangerous and deadly fentanyl, methamphetamine, and firearms around minor children is appalling,” said Acting U.S. Attorney Troester. "We are pleased that Judge Palk took this conduct into consideration in imposing such a stiff sentence. Special thanks to the OBN and ATF agents who worked this case."
This case was the result of a coordinated investigation led by the Oklahoma Bureau of Narcotics, with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives. It is also a part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney David McCrary prosecuted the case.
Oelwein Man Arrested on Drug Trafficking ChargesRead the Press Release
David Alan Tafolla, age 54, from Oelwein, Iowa, has been charged with one count of conspiracy to distribute a controlled substance, four counts of distribution of a controlled substance, and one count of possession with intent to distribute a controlled substance. The charges are contained in an Indictment that was unsealed on August 16, 2021, in United States District Court in Cedar Rapids.
The Indictment alleges that, between October 2020 and May 2021, Tafolla conspired with others to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, and 50 grams or more of actual (pure) methamphetamine.
The Indictment also alleges that, on April 26, 2021, and on May 24, 2021, Tafolla distributed 50 grams or more of actual (pure) methamphetamine. In addition, the Indictment alleges that on April 21, 2021, and on May 4, 2021, Tafolla distributed 5 grams or more of actual (pure) methamphetamine.
Finally, the Indictment alleges that on May 24, 2021, Tafolla possessed with the intent to distribute 50 grams or more of actual (pure) methamphetamine.
If convicted on all charges, Tafolla faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment without the possibility of parole, a $10,000,000 fine, and a term of supervised release of up to life.
Tafolla appeared today in federal court in Cedar Rapids for a detention hearing, and he is now being held without bond. Tafolla’s trial is set for October 18, 2021.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Special Assistant United States Attorney Devra T. Hake and was investigated by the Oelwein Police Department, the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2044.
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Nigerian National Sentenced to 51 Months for Laundering Proceeds of Online Elder ExploitationRead the Press Release
LEXINGTON, Ky. - A Nigerian National residing in Indianapolis, Ismaila Fafunmi, was sentenced to 51 months in federal prison on Friday, by U.S. District Judge Karen Caldwell, for charges related to a money laundering operation, which laundered the proceeds of romance fraud and grant fraud schemes targeting senior citizens.
According to Court records, Fafunmi was involved in a network that was comprised of several layers. The initial layer consisted of scammers using computers in Nigeria who preyed on elderly citizens of the United States by impersonating romantic companions eager to make lasting relationships on dating websites or by offering fake federal grants to senior citizens. For his part, Fafunmi admitted in his Plea Agreement that, beginning in June 2018, he and his co-conspirators would set up fake profiles on dating websites profiling American men, often military members. The purpose of the scams was to defraud United States-based victims of their money.
If the victims sent money by bank deposit, Fafunmi and his co-conspirators would create bank accounts in various names to retrieve the fraudulent funds. Victims also sent money in the form of cash and postal money orders to addresses belonging to Fafunmi and his co-conspirators. Fafunmi and his co-conspirators would retain a portion of the victims’ funds, and then convert the remainder to wire transfers, to be sent back to co-conspirators in Nigeria.
Two victims of the scheme lived in Kentucky. One sent more than $200,000 in funds, gift cards, and electronic devices, to a person she believed to be her boyfriend. Another sent over $170,000, for what she believed to be fees associated with a federal grant. Fafunmi received portions of these funds, kept some of the money, and sent the remainder abroad.
Fafunmi pleaded guilty in August 2020.
Under federal law, Fafunmi must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 3 years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Edward J. Gray, Acting Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.
The investigation was conducted by the FBI. The United States was represented by Assistant U.S. Attorney Kathryn Anderson.
This case is being prosecuted as part of the Department of Justice’s efforts to identify and prosecute those persons who facilitate elder financial exploitation. The Department of Justice’s Elder Justice Mission, being carried out through the Kentucky Elder Justice Task Force, is to seek justice for victims of elder financial exploitation. Anyone who knows someone who may be a victim of an elder financial exploitation, is encouraged to contact law enforcement.
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New Orleans Man Sentenced to 100 Months for Armed Bank RobberyRead the Press Release
NEW ORLEANS, LOUISIANA – On August 19, 2021, United States District Judge Eldon E. Fallon sentenced JIMMIE POWELL, age 28, to 100 months in the Bureau of Prisons for armed bank robbery, in violation of Title 18, United States Code, Sections 2113(a) and 2113(d), announced U.S. Attorney Duane A. Evans.
On June 25, 2020, POWELL entered the Chase Bank at 1425 North Broad Street in New Orleans. He brandished a firearm at bank employees and took over $52,000 of U.S. currency. POWELL was charged on July 24, 2020 and pled guilty on May 13, 2021 to the one count indictment. Judge Fallon sentenced POWELL to 100 months for that armed bank robbery and he was ordered to pay $52,000 in restitution. Additionally, the Court imposed three years of supervised release upon release from imprisonment and a mandatory $100 special assessment cost.
This case was brought as part of Project Safe Neighborhoods (PSN), which 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.
U. S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigations and the New Orleans Police Department. The prosecution was handled by Assistant United States Attorney Melissa Bücher.
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New Orleans Man Pleads Guilty to a Firearm ViolationRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on Wednesday, August 18, 2021, CHRISTOPHER ARANA, age 27, a resident of New Orleans, Louisiana plead guilty in a one-count Indictment charging him with Possession of a Firearm by a Convicted Felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
On August 20, 2020, New Orleans Police Department (“NOPD”) officers were dispatched to a call for service regarding an aggravated battery by shooting in the 1700 block of Eagle Street, New Orleans, Louisiana. The responding NOPD officer was informed that ARANA sustained a gunshot wound to his abdominal area and was transported to a nearby hospital for medical treatment.
The responding officer requested that Real Time Crime Cameras located in the immediate vicinity of the corner store be reviewed to learn what happened during the shooting. While reviewing the camera footage, the officer observed ARANA arrive at the intersection of Eagle Street and Hickory Street on a bike and stand near the entrance of the store. While standing near the door, ARANA was utilizing his cellular telephone. ARANA observed a vehicle approaching him. The occupants of the vehicle, armed with firearms, began to discharge their firearms at ARANA. ARANA retrieved a fully concealed black semiautomatic handgun from his waistband area during the shooting but did not discharge his firearm. After the shooting, ARANA relocated inside the corner store and discarded the firearm to hide firearm from law enforcement.
After the shooting, a store employee recovered the firearm possessed by ARANA, a black Smith and Wesson, model SD40 VE, .40 caliber PISTOL. The firearm contained ten live rounds, one in the chamber, and nine in the magazine.
ARANA is a convicted felon and is prohibited from possessing firearms and ammunition.
ARANA faces a maximum sentence of 10 years imprisonment, a fine up to $250,000.00, a period of supervised release up to 3 years, and a mandatory special assessment fee of $100.00.
United States District Court Judge Jane Triche Milazzo will sentence ARANA on November 24, 2021.
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.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
New Orleans Man Found in Possession of Machine Guns SentencedRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on Thursday, August 19, 2021, that LLOYD WASHINGTON, age 26, a resident of New Orleans, Louisiana was sentenced on August 19, 2021 to 120 months in the Bureau of Prisons after pleading guilty to a three-count Indictment. In Count 1, WASHINGTON was charged with Possession of Firearms and Ammunition by a Convicted Felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). In Count 2, WASHINGTON was charged with Possession of Machine Guns in violation of Title 18, United States Code, Sections 922(o) and 924(a)(2). In Count 3, WASHINGTON was charged with Possession of Non-Registered Firearms in violation of Title 26, United States Code, Sections 5841, 5861(d), and 5871.
United States District Court Judge Carl Barbier sentenced WASHINGTON to 120 months for each count of the Indictment. Counts 1, 2, and 3 will run concurrent with one another. Upon release, WASHINTON will be supervised by U.S. Probation for a period of three years. The Court did not impose a fine.
On July 20, 2020, New Orleans Police Department (“NOPD”) officers were dispatched to a call for service regarding an illegal discharge of a firearm in the 4100 block of Eagle Street, New Orleans, Louisiana. Residents who lived next door to WASHINGTON reported a bullet entering their residence. No residents were struck by the bullet. Responding officers observed the trajectory of the points of entry and exit and concluded that the bullet likely originated from WASHINGTON’s residence.
Upon arriving at WASHINGTON’s residence, officers observed WASHINGTON standing inside of the residence. WASHINGTON was detained while officers conducted their investigation.
While searching the exterior of WASHINGTON’s residence, officers discovered two firearms with loaded with magazines: a Ruger, model LCP, .380 caliber pistol, bearing serial number 371320740; and a Glock, model 22, .40 caliber pistol, bearing serial 00841MPD and equipped with a Glock switch converter. The firearms were located on the top of a slab of concrete. Officers also observed a black bag containing a third weapon, a Zastava, model PAP M92 PV, 7.62x39 caliber pistol, bearing serial number M92PV068277, loaded with two magazines taped together.
Officers elected to interview WASHINGTON. WASHINGTON admitted that he was in possession of a firearm and that the firearm accidentally discharged while in his possession. When asked about the three firearms located in the alley of his residence, WASHINGTON admitted that he owned and maintained possession of the firearms. When asked if he possessed additional firearms, WASHINGTON admitted that he was in possession of additional firearms inside of his residence.
NOPD obtained a search warrant for WASHINGTON’s residence. During the search of the residence, the following items, including firearms and ammunition, were located: (1) a .40 caliber magazine with 4 live rounds of ammunition; (2) a box of .38 special ammunition containing 9 live rounds; (3) a box of .380 caliber ammunition containing 7 live rounds; (4) one 7.62x39mm magazine with an unknown number of live rounds; (5) one clear plastic bag containing multiple caliber rounds of ammunition; (6) a red duffle bag containing a rifle scope and a pistol grip; (7) a Glock, model 17, 9mm caliber pistol, bearing serial number BHBZ225; (8) a Glock switch convertor; (9) a box with live 9mm rounds; (10) a 7.62x39mm circle drum loaded with an unknown number of live rounds; (11) a box with 13 live 9mm rounds; (12) a Plainfield Machine Co., Paratrooper, .30 caliber rifle, bearing serial number 43211; (13) an Izhmash, model IJ70-17A, .380 caliber pistol, bearing serial number BTK3233; (14) a Heritage Mfg. Inc. model Rough Rider, .22 caliber pistol, bearing serial number R36814; and (15) a Taurus, model PT24/7 G2, .40 caliber pistol, bearing serial number SIM30213.
WASHINGTON is a convicted felon and is prohibited from possessing firearms and ammunition.
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.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
Multiple Convicted Felon Sentenced as a Felon in Possession of FirearmRead the Press Release
Acting United States Attorney Jan Sharp announced that Carlos D. Montejano, 37, of Omaha, Nebraska, was sentenced today in federal court in Omaha for being a felon in possession of a firearm. Montejano has multiple prior felony convictions. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Montejano to 90 months in the Bureau of Prisons. Montejano will serve a three-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal system.
On October 17, 2019, Omaha Police Department officers on routine patrol saw a silver Chevrolet sedan with no license plates or temporary stickers at the intersection of South 29th Avenue and W Streets in Omaha. They pulled behind the vehicle in an attempt to stop it when its front seat passenger, later identified Montejano, bailed out of the vehicle wearing a backpack and ran northbound. An officer gave chase, yelling loud verbal commands, identifying himself as a police officer, and directing Montejano to stop. Montejano did not comply and after approximately one block of foot pursuit, he was taken into custody. During the pursuit, Montejano threw his backpack along with other property.
Law enforcement recovered various property that Montejano had abandoned during the foot pursuit in the backpack: a loaded Ruger LCP .380 handgun with five rounds in the magazine, a second loaded extended 10 round magazine, and a plastic baggie containing methamphetamine. Montejano was previously convicted for making terroristic threats and use of a deadly weapon to commit a felony in 2003, possessing a controlled substance in 2018, and criminal impersonation in 2019.
This case was primarily investigation by the Omaha Police Department and was part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Montgomery Banker Sentenced for Informing Customer of Grand Jury SubpoenaRead the Press Release
Montgomery, Ala. – Today, Acting United States Attorney Sandra J. Stewart announced that a Montgomery, Alabama banker was sentenced for disclosing the existence of a grand jury subpoena to one of his customers. On Wednesday, August 18, 2021, Charles Gregory Hardy, Jr., 37, was sentenced to three years’ probation and fined $10,000.00 for obstructing a criminal investigation as an officer of a financial institution.
According to court documents and statements made in open court, Hardy was an employee of Valley National Bank during the spring of 2020. In April of that year, the Drug Enforcement Administration (DEA) sent the bank a federal grand jury subpoena seeking records pertaining to the accounts of bank customer D’livro Beauchamp. Hardy learned about the subpoena and sent a text message to Beauchamp that read, “I got a subpoena for your financial records.” A few days later, Hardy went to Beauchamp’s office and, while there, sent a photo of a part of the grand jury subpoena from his personal telephone to Beauchamp.
Grand jury subpoenas are confidential documents and bank employees are, in most cases, prohibited by federal law from disclosing a subpoena’s existence to the customer whose records are being sought. By sending the subpoena to Beauchamp, Hardy informed the former physician of the existence of an otherwise confidential federal grand jury investigation.
Despite the disclosure of confidential information by Hardy, Beauchamp was eventually charged with conspiring to unlawfully distribute oxycodone on July 22, 2020. Beauchamp pleaded guilty to that charge in October of 2020. His sentencing hearing is scheduled for September 30, 2021 and he will be facing up to 20 years in prison.
“Safeguarding the integrity of our judicial system is critical when investigating crimes,” stated Acting U.S. Attorney Stewart. “The disclosure of confidential grand jury information can derail an investigation by allowing a target to destroy evidence or threaten witnesses. My office considers this bank employee’s disclosure a serious crime and is dedicated to holding anyone unlawfully sharing confidential information accountable for their actions.”
"This investigation has shown the unfortunate reality that people in all professional positions can become involved in criminal activity,” stated DEA Assistant Special Agent-in-Charge Towanda Thorne-James. “People who commit such crimes will be held accountable.”
The DEA’s Tactical Diversion Squad investigated this case, with assistance from the Shelby County, Alabama Sheriff’s Office. Assistant United States Attorneys Jonathan S. Ross and Alice S. LaCour prosecuted the case.
Mississippi Man Sentenced for Interstate Bank Fraud and Identity Theft SchemeRead the Press Release
Acting United States Attorney Jan Sharp announced that Patrick Graves, 35, of Mississippi, was sentenced today in federal court in Omaha, Nebraska for Bank Fraud and Identity Theft. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Graves to 42 months’ imprisonment for Bank Fraud, plus a consecutive 24 months for Identity Theft. There is no parole in the federal system. After Graves’s release from prison, he will begin a four-year term of supervised release. He will also be required to pay $92,050 in restitution.
On November 18, 2020, Graves was arrested in Omaha when he attempted to withdraw funds from an actual customer’s account using genuine account information but false identity documents. Further investigation revealed that Graves and others traveled from city to city conducting such transactions. During the approximately two months during which Graves participated in the scheme, he and confederates attempted transactions totaling $422,140 and obtained $91,950.
This case was investigated by the Omaha Police Department, the Council Bluffs Police Department and Homeland Security Investigations.
Mission Man Charged with Larceny and Assaulting Federal OfficersRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Larceny and Assaulting, Resisting, and Impeding a Federal Officer.
Derrick One Star, a/k/a Derek One Star, age 34, was indicted on August 10, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to five years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 28, 2021, in Todd County, South Dakota, One Star unlawfully entered a law enforcement vehicle valued over $1,000. The Indictment further alleges that on that same day, One Star did forcibly assault, oppose, impede, intimidate, and interfere with law enforcement officers who were employed by the Rosebud Sioux Tribe Law Enforcement Services.
The charges are merely accusations and One Star is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
One Star was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mexican Man Sentenced to 135 Months for Possessing with Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Christian Gonzalez-Gardea, 26, of Las Cruces, Mexico, was sentenced today by Chief United States District Judge Robert F. Rossiter, Jr. for Possessing with Intent to Distribute 500 grams or more of methamphetamine. Gonzalez-Gardea received a sentence of 135 months’ imprisonment with a five-year term of supervised release to follow. There is no parole in the federal system.
On January 29, 2020, deputies with the Seward County Sheriff’s Office conducted simultaneous traffic stops on a Ford F150 pickup truck and a tow truck hauling a Cadillac Escalade while both were traveling on I-80 in Seward County. The Escalade was found to be smuggling 27 pounds of methamphetamine. Deputies determined that the Escalade had broken down in Hebron, Nebraska, and was being towed to Omaha, Nebraska. The owner of the Escalade, Gonzalez-Gardea, was a passenger in the F150 pickup truck. The driver of the F150 pickup truck, Rex Kmiecik, and a passenger riding with the tow truck, Pedro Robles, were also arrested. Both had driven from Omaha to help get the Escalade towed to Omaha.
Kmiecik and Robles were also charged with Possessing with Intent to Distribute 500 grams or more of methamphetamine. Kmiecik has pleaded guilty with sentencing set for September 10, 2021. Robles is set for trial to begin on November 8, 2021. Both will be before Chief United States District Judge Robert F. Rossiter, Jr.
This effort was 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.
This case was investigated by the Seward County Sheriff’s Office, the DEA, and the Omaha Police Department.
Member of Jicarilla Apache Nation sentenced to nine years in prison for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Quentin Veneno, Jr., 35, of Dulce, New Mexico, and an enrolled member of the Jicarilla Apache Nation, was sentenced on Aug. 18 to nine years and seven months in prison. On Sept. 22, 2020, following a two-day trial, a jury returned a guilty verdict on two counts of domestic assault by a habitual offender and one count of assault resulting in serious bodily injury.
According to court records, on Aug. 22, 2018, and again on Nov. 2, 2018, Veneno physically abused Jane Doe, whom he was dating at the time, at her residence in Dulce on the Jicarilla Apache Reservation. As a result of Veneno’s assaults, Jane Doe suffered nine broken ribs and a collapsed lung as well as extreme pain and bruising over her entire body. Veneno had assaulted Jane Doe previously and had two prior convictions of domestic violence in 2009 and 2013.
Upon his release from prison, Veneno will be subject to three years of supervised release.
The Farmington Resident Agency of the FBI Albuquerque Field Office and the Jicarilla Apache Police Department investigated this case. Assistant U.S. Attorneys David Cowen and Kyle T. Nayback prosecuted the case.
Maryland Man Sentenced for Million Dollar Investment Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – An Owings Mills, Maryland man was sentenced today to 40 months in prison for wire fraud and identity theft in connection with a fraudulent investment scheme worth approximately $1.26 million.
According to court records and evidence presented at trial, Manish Singh, 48, entered into an agreement in 2016 with a married couple to create a business that would design and sell high-end fabrics. The couple was to provide the capital for the business, and Singh was to contribute his expertise and contacts in the fabric industry.
Singh represented to the victim investors that their money was being used for numerous expenses related to the business, such as the manufacture of fabric in India. In reality, Singh was using the victims’ money almost entirely for personal expenses, mostly to view live pornography online. Based on Singh’s misrepresentations, the victims gave him approximately $1.26 million for the fraudulent joint business venture.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Robert E. Bornstein, Acting Special Agent in Charge of the FBI Washington Field Office Criminal Division, made the announcement after sentencing by Senior U.S. District Judge T. S. Ellis III.
Assistant U.S. Attorney Grace L. Hill and Heidi B. Gesch prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-59.
Marion Man Sentenced for Burning Cross on Front Yard of African American Family in June 2020Read the Press Release
ABINGDON, Va.– A Marion man, who burned a cross on the front yard of an African American family in June 2020 following a civil rights protest earlier in the day, was sentenced today to 18 months in federal prison.
James Brown, 41, pleaded guilty in April to criminal interference with federally protected housing rights based upon the victim’s race.
“When Brown burned a cross in the victim’s front yard, he carried out a despicable act of intimidation, interfered with a federally protected housing right, and broke a serious federal law,” Acting U.S. Attorney Bubar stated today. “Today’s sentence demonstrates that such threatening acts of hatred will be swiftly investigated and prosecuted. We thank the FBI and state partners for their hard work on this important case.”
“We have zero tolerance in our communities for those individuals violating anyone's civil rights. Investigating allegations of civil rights violations continues to be a top priority for the FBI; and through our community liaison and law enforcement partnerships we will continue to investigate and mitigate the unwanted and unwarranted behavior of racially motivated individuals,” Special Agent in Charge Stanley M. Meador said today. “FBI Richmond encourages anyone who may have knowledge or is a victim of a hate crime, to report it to law enforcement.”
According to court documents, Brown burned a cross on the front yard of an African American family in the early morning hours of June 14, 2020. One of the family members had organized a civil rights protest the day before in Marion, Virginia. Brown admitted to burning the cross to two witnesses and also was known to use racial epithets when referring to the African American family. At his guilty plea hearing, Brown admitted that he had burned the cross in order to threaten and intimidate the African American family.
The Federal Bureau of Investigation, the Marion Police Department, and the Smyth County Sheriff’s Office investigated the case.
Assistant United States Attorneys Zachary T. Lee and Daniel Murphy are prosecuting the case.
Man from Albuquerque pleads guilty to federal firearm and attempted carjacking chargesRead the Press Release
ALBUQUERQUE, N.M. – James Hawley, 35, of Albuquerque, pleaded guilty on Aug. 9 in federal court to attempted carjacking and being a felon in possession of a firearm. Hawley was indicted by federal grand jury on Aug. 28, 2019.
According to the plea agreement, on July 27, 2019, in Bernalillo County, New Mexico, Hawley attempted to carjack a victim at gunpoint. Hawley approached the victim while she was stopped at a red-light and pointed his firearm at her. The victim drove through the intersection to escape Hawley as he attempted to open the car door. Hawley was later found and disarmed by paramedics.
Hawley is currently in custody pending sentencing. He faces 15 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives Albuquerque Resident Agency and the Albuquerque Police Department investigated this case. Special Assistant U.S. Attorney Timothy D. Trembley is prosecuting the case.
Man Who Distributed Videos of the Sexual Abuse of Toddler by Her Mother Sentenced to Federal PrisonRead the Press Release
A man who distributed videos of a toddler being sexually abused by her mother on social media was sentenced today to nine years in federal prison.
Douglas John Buttikofer Jr., age 41, from Dubuque, Iowa, received the prison term after a February 2, 2021 guilty plea to accessing child pornography.
At the guilty plea, Buttikofer admitted that between February and March of 2020, he knowingly accessed with intent to view visual depictions of child pornography. The depictions involved at least one minor under the age of 12. Buttikofer committed the offense while on pre-trial release in the State of Illinois for the unlawful grooming of a minor. At sentencing, a witness testified that Buttikofer expressed an interest in traveling to the Philippines to engage in sex with children. The judge noted Buttikofer maintained a “persistent pursuit” of child pornography, making him a danger to the community.
Buttikofer was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Buttikofer was sentenced to 108 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.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Buttikofer 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 Federal Bureau of Investigation, the Illinois State Police, the Dubuque County Sherriff’s Office, and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-1012.
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Madison Man Sentenced to 30 Months for Illegal Possession of FirearmRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Brandon Rankin, 27, Madison, Wisconsin was sentenced today by U.S. District Judge William Conley to 30 months in federal prison for being a felon in possession of a firearm. Rankin pleaded guilty to this charge on May 18, 2021.
On February 2, 2021, a Madison police officer made a traffic stop on the vehicle that Rankin was driving. When the officer approached the vehicle, he observed that Rankin had a gun in his hand. Rankin immediately sped away at speeds reaching 80 miles per hour. Rankin’s vehicle went airborne over a speed bump and ultimately crashed into another car, causing significant damage to both vehicles. Rankin then fled the scene of the crash on foot and was taken into custody with the assistance of a police K9. Officers searched his car and found an unloaded 9mm handgun, 4.4 grams of crack cocaine, and a significant amount of cash. Rankin has a prior felony conviction for robbery.
At sentencing, Judge Conley found that Rankin possessed the gun in connection with a drug trafficking offense and that this was a very dangerous course of conduct. Judge Conley remarked that the events in this case could have resulted in the death or serious injury of either Rankin or the occupant of the vehicle that he hit.
The charge against Rankin was the result of an investigation conducted by the Madison Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan prosecuted this case.
Lower Brule Woman Sentenced for Assaulting Federal OfficerRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Lower Brule, South Dakota, woman convicted of Assaulting, Resisting, Opposing and Impeding a Federal Officer was sentenced on August 19, 2021, by U.S. Magistrate Judge Mark A. Moreno.
Kristy Andrews, age 28, was sentenced to 12 months in federal prison, followed by one year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $50.
Andrews was indicted by a federal grand jury on February 11, 2020. She pled guilty on November 12, 2020.
The conviction stemmed from an incident that occurred on November 23, 2019, in Lower Brule. Andrews assaulted two federal law enforcement officers while they were engaged in the performance of their official duties.
This case was investigated by the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Andrews was immediately turned over to the custody of the U.S. Marshals Service.
Lockport Man Charged with Cocaine and Gun Charges After Two Search Warrants at His ResidenceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that John Davis, Jr., 40, of Lockport, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine, and unlawful possession of firearms. The charges carry a minimum penalty of five years in prison, a maximum of life, and a $1,000,000 fine.
Assistant U.S. Attorney Meghan E. Leydecker, who is handling the case, stated that according to the complaint, the DEA and the Niagara County Drug Task Force began investigating the defendant’s narcotics distribution activities in May 2021 after receiving information that Davis was selling cocaine from his Gabriel Drive residence to various customers in the Lockport area. On May 28, 2021, investigators executed a search warrant at the residence and seized approximately 180 grams of crack cocaine and 255 grams of cocaine, approximately $8,031 in cash, narcotics packaging materials, a food sealer, and a scale with cocaine residue in the apartment. A .25 caliber semi-automatic handgun and .22 caliber rifle were also recovered. On August 5, 2021, investigators executed another search warrant at Davis’ residence and recovered approximately 12 grams of cocaine, a digital scale with suspected cocaine residue, packaging material, and more cash.
The defendant made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on August 25, 2021, at 1:00 p.m.
The complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division, and the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
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Lebanon Tax Attorney Pleads Guilty to Tax and Labor ViolationsRead the Press Release
SPRINGFIELD, Mo. – A Lebanon, Missouri, attorney has pleaded guilty in federal court to tax and labor violations.
Meagan M. Howe, also known as Meagan M. Hasty, 35, pleaded guilty before U.S. Chief Magistrate Judge David P. Rush on Thursday, Aug. 19, to one count of failure to pay employment tax and one count of making a false representation related to an employee benefit plan.
Howe owns and operates Conquer the Divide, LLC. She is also the past owner and operator of Garner and Howe Law Firm; Missouri Law Firm, LLC; and Just Ask Howe Tax Advocacy Services, LLC.
Howe admitted that she withheld a total of $15,019 in federal taxes from her employees’ paychecks at Garner and Howe Law Firm and Missouri Law Firm, LLC in 2019, but failed to turn them over to the IRS. Howe further admitted that she failed to pay an additional $10,285 in employment taxes for the businesses in 2019.
Howe also admitted that she falsely prepared and submitted 2018 tax returns for herself and her husband. By filing separate returns that each claimed “Head of Household” status, she was able to fraudulently receive $3,775 earned income tax credits.
Howe also admitted that she failed to transmit $3,111 in contributions to an employee pension plan. Howe then falsely reported there was not a failure to transmit contributions to her employee pension plan.
Under the terms of today’s plea agreement, Howe must pay restitution to the IRS, the Missouri Department of Revenue and individual victims.
Under federal statutes, Howe is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by IRS-Criminal Investigation, the Department of Labor – Employee Benefits Security Administration, and the Missouri Department of Revenue.
Laurens Man Sentenced to Prison for Gun OffensesRead the Press Release
DAVENPORT, IOWA – A Laurens man, Colton Eugene Cope, age 25, was sentenced on August 19, 2021, by United States District Court Chief Judge John A. Jarvey to 46 months in prison for unlawfully possessing a firearm as a drug user on two occasions. Cope was ordered to serve three years of supervised release to follow his prison term as well as pay $200 to the Crime Victims’ Fund.
According to court documents, Cope was federally charged with drug user in possession of a firearm after officers stopped a vehicle he was driving related to a shots fired call in Davenport. Cope was found in possession of numerous firearms, ammunition, and methamphetamine. Cope admitted to using methamphetamine and possessing the firearms and ammunition. Cope further admitted to allowing Davion Gary, a felon, to possess one of his firearms. Officers located shell casings at an apartment complex in Davenport. The shell casings at the scene were consistent with being fired from one of Cope’s guns.
When Cope was arrested, he was again found in possession of firearms, ammunition, and drug paraphernalia – which led to Cope being federally charged in the Northern District of Iowa for unlawful possession of a firearm as a drug user.
Acting United States Attorneys Richard D. Westphal of the Southern District of Iowa and Sean R. Berry of the Northern District of Iowa made the announcement.
These cases were investigated by the Davenport Police Department, Fort Dodge Police Department, and the Webster County Sheriff’s Office.
This case is part of the Project Safe Neighborhood, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Keene Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD - Joshua Schneider, 34, of Keene, pleaded guilty in federal court on Thursday to distribution of fentanyl and possession of fentanyl with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in May of 2020, Keene police received information that Schneider was distributing narcotics. During surveillance over three months, police observed numerous subjects enter Schneider’s apartment and leave a short time later. On July 9, 2020, a cooperating individual purchased fentanyl from Schneider.
On July 13, 2020, law enforcement officers observed Schneider and two others enter a van and drive to Lawrence, Massachusetts, for an apparent drug transaction. When the van returned to Schneider’s apartment in Keene, police executed search warrants and located approximately 250 grams of fentanyl in the rear of the van where Schneider was sitting. Forensic examination of Schneider’s cell phone revealed messages consistent with drug trafficking.
Schneider is scheduled to be sentenced on December 1, 2021.
“Fentanyl traffickers seek to profit from the sale of a deadly substance that has ravaged communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “In order to protect public health and safety, we work closely with our law enforcement partners to identify and prosecute the drug dealers who distribute fentanyl and other dangerous drugs in the Granite State.”
“The devastation wreaked on families, businesses and communities by fentanyl dealers like Schneider cannot be overestimated. Today’s conviction was achieved only with the critical assistance of our dedicated local law enforcement partners in the Keene, New Hampshire Police Department and through the tireless work of the Office of the U.S. Attorney for New Hampshire,” said Matthew B. Millhollin, Special Agent in Charge, Homeland Security Investigations (HSI), Boston. “HSI continues to strengthen our commitment to combatting the impacts of the deadly plague of fentanyl use and to pursuing those who seek to profit from the destruction these drugs bring into our communities.”
This matter was investigated by the Keene Police Department and Homeland Security Investigations. The case is being prosecuted by Assistant U.S. Attorney Kasey Weiland.
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Kansas City Man Sentenced to Prison for Drug and Gun ChargesRead the Press Release
DAVENPORT, Iowa – A Kansas City, Missouri man, Andre Emmanuel Sanders, age 53, was sentenced yesterday by United States District Court Chief Judge John A. Jarvey to 100 months in prison for Possession with Intent to Deliver Methamphetamine and Felon in Possession of a Firearm, and 60 months in prison for Possession of a Firearm in Furtherance of Drug Trafficking, to be served consecutively, for a total of 160 months in prison. Sanders was ordered to serve four years of supervised release to follow his prison term as well as pay $300 to the Crime Victims’ Fund.
According to court documents, Sanders was involved in an investigation that began in January 2020 when Sanders fled a traffic stop at a high rate of speed and drove in the wrong lane of travel – nearly causing two crashes. After crashing his own vehicle, Sanders discarded a loaded firearm and ran from law enforcement. Once apprehended, prescription pills were found in his possession. Two weeks later, police observed Sanders illegally park a car in West Burlington and walk away. The officer observed a firearm wedged between the driver’s seat and the center console of the vehicle Sanders drove. The officer towed the vehicle and obtained a valid search warrant. Approximately 25.86 grams of methamphetamine and ammunition were located in the center console. As a convicted felon, Sanders knew he was prohibited from possessing firearms.
Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Burlington Police Department investigated the case.