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Friday 20 August 2021
KC Pharmacy Filled Forged PrescriptionsRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri pharmacy is prohibited from continuing its past practice of filling prescriptions without verifying whether they were issued by a DEA-authorized practitioner under a consent decree approved yesterday in federal court.
Spalitto’s Pharmacy, L.C., a retail pharmacy at 3801 Independence Avenue operated by Peter A. Spalitto as the pharmacist in charge, is named in a consent decree and final judgment signed by U.S. District Judge Gary A. Fenner on Thursday, August 20.
Under the terms of the consent decree, Spalitto’s is permanently prohibited from dispensing any controlled substance without verifying that the prescription contains a valid DEA registration number for the prescribing practitioner. In a related settlement, Spalitto’s agreed to pay $250,000 to the United States to resolve civil penalty liability related to the United States’ allegations.
The government alleged in a civil complaint that Spalitto’s Pharmacy violated the Controlled Substances Act by dispensing controlled substances without verifying whether they were issued by an authorized practitioner.
According to the complaint, Spalitto’s Pharmacy failed to implement or follow sufficient controls to guard against the diversion of controlled substances. Spalitto’s dispensed prescription drugs on more than 200 occasions since the beginning of 2016 in violation of the Controlled Substances Act and its implementing regulations.
The complaint says that Spalitto’s Pharmacy filled 125 prescriptions, primarily for oxycodone, for at least a dozen individuals that purported to be from the same physician. The pharmacy filled those prescriptions for several years, from July 2017 to January 2020, despite the existence of significant red flags.
The complaint cites another example in which an individual presented 122 forged prescriptions from January 2016 to June 2019. Spalitto’s Pharmacy filled those narcotic prescriptions despite the existence of significant red flags.
Spalitto’s acknowledged that the pharmacy dispensed controlled substances to individuals presenting prescriptions purporting to be written by a practitioner who was not authorized to prescribe controlled substances. During this time, the DEA made available a free prescriber registration validity application online, which Spalitto’s could have used to discover that the prescriptions were not signed by an authorized practitioner.
The settlement agreement stipulates that it is neither an admission of liability by Spalitto and Spalitto’s Pharmacy to the government’s allegations, nor a concession by the government that its claims are not well-founded.
This civil case was handled by Assistant U.S. Attorney Alan Simpson. It was investigated by the Drug Enforcement Administration.
KC Man Pleads Guilty to Illegal Firearm Following Gun BattleRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man has pleaded guilty in federal court to illegally possessing the firearm he used when he was shot in a rolling gun battle.
Odell J. Jackson, 31, pleaded guilty before U.S. District Judge Gary A. Fenner on Thursday, Aug. 19, to one count of being a felon in possession of a firearm and one count of possessing a firearm with an obliterated serial number.
Jackson was shot on May 1, 2020, during a rolling gun battle in the area of Leeds Trafficway and Emmanuel Cleaver II Boulevard. Jackson was driving a Chevrolet Silverado pickup truck when he and a passenger drove into a church parking lot and engaged in a gunfight with the occupants of another vehicle, a red Dodge Charger. During the exchange of gunfire that followed, the Dodge Charger struck another vehicle while being chased by Jackson. Jackson was shot in the eye and his truck collided head-on with a light pole.
Jackson’s passenger called the police. When Kansas City police officers arrived at the scene of the accident, Jackson was lying in the bed of the pickup truck, covered in blood, with a towel covering the bullet wound to his head. Jackson was transported to a local hospital.
Officers later searched Jackson’s truck and found a Ruger .380-caliber semi-automatic handgun with an obliterated serial number.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of a firearm or ammunition. Jackson has prior felony convictions for unlawful possession of a firearm and unlawful use of a weapon.
Under federal statutes, Jackson 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 Brad K. Kavanaugh. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Justice Department, EPA and Indiana Amend Agreement with the City of South Bend, Indiana to Treat Sewage and WastewaterRead the Press Release
The U.S. Department of Justice, the U.S. Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) have agreed to amend a 2012 Clean Water Act consent decree with the City of South Bend, Indiana.
The amendment requires implementation of a revised long-term plan to reduce and treat sewage and wastewater discharges to meet Indiana’s water quality standard for E. coli. The revised plan will improve public health, better protect the St. Joseph River, a tributary of Lake Michigan, and lower the cost of compliance.
“This amendment provides South Bend time to revise its long-term plan to further reduce and treat sewage and wastewater discharges to meet Indiana’s water quality standard,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The revised plan and additional time should improve public health and better protect the St. Joseph River, while also lowering costs for ratepayers.”
“This settlement results in a significant reduction in pollutant discharges to the St. Joseph River and Lake Michigan, and also reduces costs for South Bend’s rate payers,” said Acting U.S. Attorney Tina Nommay for the Northern District of Indiana. “We thank the federal, state and local authorities who partnered with us to achieve this excellent result.”
“Through the cooperative work of federal, state and local officials, this amended agreement will reduce harmful wastewater discharges to the St. Joseph River and significantly lower costs for the citizens of South Bend,” said Acting Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance.
“This revised Long-Term Control Plan results in a reduction of sewage and wastewater to the St. Joseph River which improves human health and the environment,” said IDEM Commissioner Bruno Pigott. “The revised plan is a great example of the success we can achieve when federal, state and local partners work together to ensure Indiana’s environment is safe for all Hoosiers.”
Prior to 2012, the City of South Bend discharged more than 2 billion gallons of untreated human and industrial sewage and stormwater a year, containing highly concentrated levels of E. coli bacteria through combined sewer overflows, or CSOs, into the St. Joseph River. The 2012 consent decree required South Bend to reduce discharges to 46.9 million gallons per year and reduce E. coli to 15,000 counts per 100 milliliters. While a significant improvement, the E. coli discharge concentrations under the original plan still would have exceeded Indiana’s E. coli water quality standard of 235 counts per 100 milliliters. Under the revised plan that will be fully implemented by 2038, South Bend will treat virtually all of its annual discharge volumes to concentrations below Indiana's water quality standard for E. coli and save hundreds of millions of dollars in compliance costs.
The revised plan includes the following:
- Expansion of South Bend’s current sewage treatment plant
- Construction of three retention treatment facilities
- Replacement or modification of various sewers
South Bend estimates that the revised plan will cost approximately $276 million in 2019 dollars, significantly less than the $700 million or more that South Bend estimates would be the cost to implement the remaining measures required under the 2012 consent decree. South Bend was able to develop the revised plan in large part because it installed more than 150 “smart” sensors at more than a hundred locations in its sewer system to allow it to better monitor and manage its flows. This “smart sewer system” enables South Bend to construct fewer and smaller-sized gray infrastructure measures and, at the same time, achieve a greater level of pollution control.
The proposed amended consent decree is subject to a 30-day public comment period and final court approval after it is published in the Federal Register. To view the proposed amended consent decree or to submit a comment, visit the Department of Justice website at: www.justice.gov/enrd/Consent_Decrees.html.
Justice Department, EPA and Indiana Amend Agreement with the City of South Bend, Indiana to Treat Sewage and WastewaterRead the Press Release
WASHINGTON – The U.S. Department of Justice, the U.S. Environmental Protection Agency (EPA) and the Indiana Department of Environmental Management (IDEM) have agreed to amend a 2012 Clean Water Act consent decree with the City of South Bend, Indiana.
The amendment requires implementation of a revised long-term plan to reduce and treat sewage and wastewater discharges to meet Indiana’s water quality standard for E. coli. The revised plan will improve public health, better protect the St. Joseph River, a tributary of Lake Michigan, and lower the cost of compliance.
“This amendment provides South Bend time to revise its long-term plan to further reduce and treat sewage and wastewater discharges to meet Indiana’s water quality standard,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The revised plan and additional time should improve public health and better protect the St. Joseph River, while also lowering costs for ratepayers.”
“This settlement results in a significant reduction in pollutant discharges to the St. Joseph River and Lake Michigan, and also reduces costs for South Bend’s rate payers,” said Acting U.S. Attorney Tina Nommay for the Northern District of Indiana. “We thank the federal, state and local authorities who partnered with us to achieve this excellent result.”
“Through the cooperative work of federal, state and local officials, this amended agreement will reduce harmful wastewater discharges to the St. Joseph River and significantly lower cost for lower costs for the citizens of South Bend,” said Acting Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance.
“This revised Long-Term Control Plan results in a reduction of sewage and wastewater to the St. Joseph River which improves human health and the environment,” said IDEM Commissioner Bruno Pigott. “The revised plan is a great example of the success we can achieve when federal, state and local partners work together to ensure Indiana’s environment is safe for all Hoosiers.”
Prior to 2012, the City of South Bend discharged more than 2 billion gallons of untreated human and industrial sewage and stormwater a year, containing highly concentrated levels of E. coli bacteria through combined sewer overflows, or CSOs, into the St. Joseph River. The 2012 consent decree required South Bend to reduce discharges to 46.9 million gallons per year and reduce E. coli to 15,000 counts per 100 milliliters. While a significant improvement, the E. coli discharge concentrations under the original plan still would have exceeded Indiana’s E. coli water quality standard of 235 counts per 100 milliliters. Under the revised plan that will be fully implemented by 2038, South Bend will treat virtually all of its annual discharge volumes to concentrations below Indiana's water quality standard for E. coli and save hundreds of millions of dollars in compliance costs.
The revised plan includes the following:
- Expansion of South Bend’s current sewage treatment plant
- Construction of three retention treatment facilities
- Replacement or modification of various sewers
South Bend estimates that the revised plan will cost approximately $276 million in 2019 dollars, significantly less than the $700 million or more that South Bend estimates would be the cost to implement the remaining measures required under the 2012 consent decree. South Bend was able to develop the revised plan in large part because it installed more than 150 “smart” sensors at more than a hundred locations in its sewer system to allow it to better monitor and manage its flows. This “smart sewer system” enables South Bend to construct fewer and smaller-sized gray infrastructure measures and, at the same time, achieve a greater level of pollution control.
The proposed amended consent decree is subject to a 30-day public comment period and final court approval after it is published in the Federal Register. To view the proposed amended consent decree or to submit a comment, visit the Department of Justice website at: www.justice.gov/enrd/Consent_Decrees.html.
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Jacksonville Man Sentenced to 10 Years for Using Facebook to Attempt to Entice 14-Year-Old Child to Engage in Sexual ActivityRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Michael Jonathan Paul (50, Jacksonville) to 10 years in federal prison for attempted online enticement of a minor to engage in sexual activity. Paul was also ordered to serve a 10-year term of supervised release and to register as a sex offender.
Paul had pleaded guilty on April 26, 2021.
According to the plea agreement, between May 28 and July 28, 2020, Paul used Facebook Messenger to engage in a series of online conversations with a person whom he believed to be a 14-year-old child. Unbeknownst to Paul, this “child” was an undercover detective from the St. Johns County Sheriff’s Office. During these online conversations, Paul discussed his desire to engage in sexual activity with the “child” when they met in person and told the “child” the different ways that he had planned to sexually abuse her. Paul also told the “child” to delete her online conversations.
On August 21, 2020, Paul was arrested, and during an interview with law enforcement, admitted “talking to some little girl on the phone,” and stated, “I shouldn’t have … did it.”
This case was investigated by the St. Johns County Sheriff’s Office and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Ashley Washington.
“Thanks to the outstanding work by HSI special agents and our partners with the St. Johns County Sheriff’s Office this online predator was stopped in his tracks while attempting to victimize a young child,” said HSI Jacksonville Assistant Special Agent in Charge K. Jim Phillips. “After a successful prosecution and sentencing, this predator will now be held accountable for his crimes.”
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Iowa Woman Sentenced to 304 Months in Prison for Hate Crimes Involving Attempting to Kill Two Children Because of their Race and National OriginRead the Press Release
An Iowa woman was sentenced yesterday on two hate crimes charges for attempting to kill two minor victims because of their race and national origin.
Nicole Poole Franklin, 42, was sentenced by U.S. District Judge Stephanie M. Rose to 304 months in federal prison on each count, with the sentences to run concurrently to each other and concurrent to the sentence imposed in the related state court case. Poole Franklin previously pleaded guilty in federal court on April 22, to two counts of hate crime acts.
According to court documents and statements made at the sentencing hearing, on the afternoon of Dec. 9, 2019, Poole Franklin was driving her Jeep Grand Cherokee on Creston Avenue in Des Moines, Iowa, where the first child-victim was walking along the sidewalk with another minor family member. Upon seeing the children and believing that the victim was of Middle Eastern or African descent, Poole Franklin drove her vehicle over the curb towards both children, striking one of them. Poole Franklin then drove away from the scene. The assault resulted in injury to the victim, including cuts, bruising, and swelling. Approximately 30 minutes later, Poole Franklin was driving her Jeep near Indian Hills Junior High School in Clive, Iowa, where the second child-victim was walking on the sidewalk. Poole Franklin, believing that the child was Mexican, drove her vehicle over the curb and struck the victim, causing serious injury, including a concussion, bruises, and cuts. Poole Franklin again drove away from the scene but was apprehended later that day.
“Nicole Poole Franklin attempted to kill two children because of the way they looked and where she believed they came from. This kind of egregious racial violence and hatred has absolutely no place in this country and will not be tolerated by the Justice Department,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “Children deserve to walk the streets of their neighborhood without fear of violence because of what they look like and where they come from and deserve to grow up in a world where they are not targeted simply because of who they are. The Justice Department will continue to protect the civil rights of all individuals and vigorously prosecute those who commit hate crimes in this country.”
“Nothing can be more devastating to the American dream of equal rights than the actions of Poole Franklin on a hate filled Dec. 9, 2019, as she callously attempted to run over and kill a 12-year-old boy and a 14-year-old girl - two minors who had done nothing wrong other than innocently walk on a street and happen to be of a different race and skin color from Poole Franklin,” said Acting U.S. Attorney Richard D. Westphal for the Southern District of Iowa. “Her actions temporarily shattered, but did not permanently defeat this dream because these two courageous victims, and their amazing families, continue to epitomize the hopes of what our society can be. Holding Poole Franklin accountable, not only for her intentional actions, but for the malicious beliefs behind them, is what our justice system should be, and a must to provide just punishment, afford adequate deterrence, and protect the public form further crimes by this defendant.”
“Nicole Poole Franklin committed a despicable crime,” said Special Agent in Charge Eugene Kowel of the FBI Omaha Field Office. “She targeted and seriously injured two children because of the color of their skin. FBI Omaha will continue to work closely with our law enforcement partners to investigate hate crimes and seek justice for the victims. We encourage everyone to report such crimes to the FBI.”
This case was investigated by the FBI, with assistance from Des Moines and Clive Police Departments. Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa and Trial Attorneys Katherine DeVar and Andrew Manns of the Civil Rights Division are prosecuting the case.
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Aug. 17 was:
Timothy Michael Koop, 61, of Box Elder, and Kelli Jo Lamere, 29, of Box Elder, on charges of conspiracy to distribute fentanyl and distribution of fentanyl. If convicted of the most serious crime, the defendants face a maximum 20 years in prison, a $1 million fine and three years of supervised release. Both defendants were released pending further proceedings. The FBI, the Tri-Agency Task Force and the Drug Enforcement Administration investigated the case. PACER case reference. 21-51.
Appearing in Missoula before U.S. Magistrate Judge Kathleen L. DeSoto and pleading not guilty on Aug. 17 was:
Zachary Jon Lindsay, 38, of Kalispell, on charges of prohibited person in possession of a firearm, possession of unregistered firearm and possession of firearm with obliterated serial number. If convicted of the most serious crime, Lindsay faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Lindsay was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kalispell Police Department investigated the case. PACER case reference. 21-36.
Appearing on Aug. 19 was:
Terry Joseph Jette, 56, of Anaconda, on charges of attempted coercion and enticement of a child. If convicted of the most serious crime, Jette faces a mandatory minimum 10 years to life in prison, a $250,000 fine and at least five years to life of supervised release. Jette was detained pending further proceedings. The FBI, Missoula County Sheriff’s Office and Internet Crimes Against Children Task Force investigated the case. PACER case reference. 21-21.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Indian National Sentenced to 10 Years for Attempted Enticement of a MinorRead the Press Release
Acting United States Attorney Jan Sharp announced that Pradish Jehan Selvaraj, 35, of Omaha, Nebraska, was sentenced today in federal court in Omaha for Attempted Enticement of a Minor. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Selvaraj to 120 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 5-year term of supervised release. Selvaraj will also be required to register as a sex offender and is subject to deportation to India by U.S. immigration authorities when he completes his sentence of imprisonment.
Between October 26, 2020 and November 4, 2020, Selvaraj responded to an online prostitution advertisement by texting the phone number listed in the ad. An undercover law enforcement officer purporting to be a 15-year-old female responded to Selvaraj’s texts. During the conversations, Selvaraj agreed to pay $80 to engage in oral sex with the 15-year-old and a 12-year-old female. He arranged to meet both minor females in Omaha, offering to pay the females in exchange for oral sex and agreeing to bring them McDonald’s breakfast. When Selvaraj arrived at the meet up location, he was in possession of condoms and a McDonald’s breakfast order. Selvaraj was detained by law enforcement. Selvaraj admitted to answering the prostitution ad and texting with a person he believed to be a 15-year-old female.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Omaha FBI's Child Exploitation and Human Trafficking Task Force and the Douglas County Sheriff’s Office.
Idaho Falls Man Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
POCATELLO – Matthew Gary Leander III, 39, of Idaho Falls, entered a guilty plea to possession with intent to distribute methamphetamine, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Leander was indicted by a federal grand jury on August 27, 2019. Sentencing is set for November 9, 2021, before Chief U.S. District Judge David C. Nye at the federal courthouse in Pocatello.
According to court records, Idaho State Police officers attempted a traffic stop on the van Leander was driving after observing a suspected drug transaction. Leander failed to yield and led police on a chase through a residential neighborhood. The pursuit ended when Leander collided with a fence in a commercial area near downtown Idaho Falls. Leander then ran away on foot and was later apprehended. Police found a large amount of methamphetamine and other indicators of drug sales in the van Leander had been driving.
Leander faces a minimum term of five years and a maximum term of forty years in federal prison, a fine of $5 million, and at least four years of supervised release.
Acting U.S. Attorney Gonzalez recognized and commended the cooperative efforts of the Drug Enforcement Administration, Idaho State Police-District 6, and the Idaho Falls Police Department, which led to charges.
This case was handled by the U.S. Attorney Office’s specially deputized Special Assistant U.S. Attorney (SAUSA), funded by the Eastern Idaho Partnership (EIP) and the State of Idaho. The EIP is a coalition of local city and county officials in eastern Idaho as well as the Idaho Department of Correction.
The EIP SAUSA program allows law enforcement to utilize the federal criminal justice system – through the EIP SAUSA – to prosecute, convict, and sentence violent, armed criminals and drug traffickers. These criminals often receive stiffer penalties than they might in state courts.
This program was created in January 2016. Since that time, approximately 174 defendants have been indicted by the EIP SAUSA. Of these defendants, 127 have been indicted on drug trafficking charges. The defendants indicted under the program have been sentenced to 7,468 months (approximately 622 years) in federal prison, representing an average prison sentence of 53.72 months (4.47 years). Defendants indicted for drug trafficking offenses serve, on average, approximately 60.33 months (5.02 years) in federal prison.
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Hudson Man Admits to Cocaine Base, Fentanyl DistributionRead the Press Release
ALBANY, NEW YORK – Micah Hines, a/k/a “Water,” age 42, pled guilty today to distributing more than 28 grams of cocaine base, and also admitted to distributing fentanyl, in January 2021.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Ray Donovan, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), New York Division; and New York State Police Superintendent Kevin P. Bruen.
Hines has recently resided in Hudson, Cairo and Poughkeepsie, New York. In pleading guilty, he admitted to selling about 40 grams of cocaine base on January 7, 2021, and to selling about 52 grams of fentanyl, and about 28 grams of cocaine base, on January 13, 2021.
Hines faces at least 5 years and up to 40 years in prison, and a term of post-release supervision of at least 4 years, when United States District Judge Mae A. D’Agostino sentences him on December 21, 2021. 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.
This case was investigated by the New York State Police and the DEA’s Capital District Drug Enforcement Task Force, which includes investigators from the Columbia County Sheriff’s Office and Hudson Police Department. The case is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Hermosa Man Sentenced to More Than 11 Years on Gun and Drug ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Hermosa, South Dakota, man convicted on one count of Conspiracy to Distribute a Controlled Substance and one count of Possession of a Firearm by a Prohibited Person was sentenced on August 13, 2021, by Judge Karen E. Schreier, U.S. District Court.
Klaus Anderst, age 39, was sentenced to 11 years and three months in federal prison, followed by five years of supervised release on the conspiracy charge, and 10 years and three years of supervised release on the firearm charge, sentences to run concurrently. He was also ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Anderst was indicted for the charges by a federal grand jury on June 11, 2020, and pleaded guilty on February 21, 2021. Anderst, a previously convicted felon who is prohibited from possessing firearms, was found to knowingly be in possession of multiple firearms, some of which were stolen, and a sawed-off shotgun after he came into contact with law enforcement in March 2020 in Rapid City. Anderst was also found in possession of methamphetamine and had been distributing large quantities of methamphetamine in and around 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 Pennington County Sheriff’s Office. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Anderst was immediately remanded to the custody of the U.S. Marshals Service.
Henderson Man Sentenced to Federal Prison on Firearms OffensesRead the Press Release
WILMINGTON, N.C. – A Henderson man was sentenced to 101 months in prison for possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a felon. On May 17, 2021, Kyree Leamon Williams pled guilty to the charges.
According to court documents and other information presented in court, Williams, 28, was being investigated by the Henderson Police Department and the North Carolina State Bureau of Investigation (SBI) for distribution of heroin in Henderson. Law enforcement conducted controlled purchases of heroin laced with fentanyl from Williams on multiple occasions, leading to indictments in the Vance County Superior Court. When officers attempted to serve arrest warrants on Williams, he tried to elude police, leading them on a high-speed chase through Henderson before he stopped the car and ran on foot. After a short foot chase, Williams was apprehended. A subsequent search of his car and a residence yielded additional amounts of heroin, a stolen firearm with an extended magazine, and ammunition. Williams is a convicted felon, having prior convictions for Assault with a Deadly Weapon Inflicting Serious Injury and Possession of a Firearm by a Felon.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Henderson Police Department, the North Carolina State Bureau of Investigation, and the District Attorney’s Office for the 11th Prosecutorial District investigated the case and Assistant U.S. Attorney Robert J. Dodson prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:21-CR-131-M.
Hancock County man sentenced to 25 years for child pornography chargeRead the Press Release
WHEELING, WEST VIRGINIA – Gavin Collins, of Newell, West Virginia, was sentenced to 300 months of incarceration this week for a child pornography charge, Acting U.S. Attorney Randolph J. Bernard announced.
Collins, 30, pleaded guilty in May 2021 to one count of “Production of Child Pornography by Person Having Custody or Control.” Collins admitted to producing child pornography with a minor in his custody from September 2018 to July 2020 in Hancock.
Assistant U.S. Attorney Danae DeMasi-Lemon prosecuted the case on behalf of the government. The Federal Bureau of Investigation investigated.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
U.S. District Judge John Preston Bailey presided.
Gulfport Man Sentenced for Conspiracy to Possess Hydrocodone with Intent to DistributeRead the Press Release
Gulfport, Miss. – A Gulfport man was sentenced to “time served” (72 days) in prison, and one-year of supervised release, for conspiracy to possess a controlled substance with intent to distribute, announced Acting U.S. Attorney Darren LaMarca and Kurt Thielhorn, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Douglas Charles Barber, 74, conspired with co-defendant James David Santhuff, 53, of Gulfport, to sell 50 hydrocodone pills, to an individual in a Gulfport parking lot. The tablets were marked with the manufacturer’s legitimate pharmaceutical markings and ultimately were laboratory tested and determined to be actual hydrocodone tablets.
Barber and Santhuff were charged in a federal criminal indictment and they both pled guilty to conspiracy to possess a controlled substance with intent to distribute.
Santhugg was previously sentenced to three years’ probation and a $3,500.00 fine.
The case was investigated by the Bureau of Alcohol, Tobacco Firearms and Explosives and the Harrison County Sheriff’s Office.
Assistant U.S. Attorney Stan Harris prosecuted the case.
Group with Ties to Racially Motivated Violent Extremists Including two Former Marines Facing Additional Charge of Targeting Energy FacilitiesRead the Press Release
RALEIGH, N.C. – Today, Paul James Kryscuk, 35, Liam Collins, 21, Jordan Duncan, 26, and Joseph Maurino, 22, were charged via a third superseding indictment obtained in the Eastern District of North Carolina. Collins and Duncan are former Marines assigned previously to Camp Lejeune in Jacksonville, North Carolina. The defendants are charged with conspiracy to damage the property of an energy facility in the United States.
According to the indictment, Collins, Kryscuk, Duncan, and Maurino researched, discussed, and reviewed at length a previous attack on the power grid by an unknown group. The group in that attack used assault-style rifles in an attempt to explode a power substation. Between 2017 and 2020, Kryscuk manufactured firearms while Collins stole military gear, including magazines for assault-style rifles and had them delivered to the other defendants. During that time, Duncan gathered a library of information, some military-owned, regarding firearms, explosives, and nerve toxins and shared that information with Kryscuk and Collins.
The indictment also alleges that the defendants discussed using homemade Thermite, a combination of metal powder and metal oxide which burns at over 4000°F to burn through and destroy power transformers. In mid-2020, Collins asked others to each purchase 50 pounds of Tannerite, a binary explosive containing aluminum powder and oxidizers, and can be used to make Thermite. In October 2020, a handwritten list of approximately one dozen intersections and places in Idaho and surrounding states was discovered in Kryscuk’s possession, including intersections and/or places containing a transformer, substations, or other component of the power grid for the northwest United States. If destroyed, the damage caused could exceed $100,000.
The defendants have also been charged, in previous indictments, with conspiring to manufacture, transport, and sell hard to obtain firearms and firearm parts in a manner that would hide these purchases from the federal government.
The previous indictments allege that Collins and Kryscuk were members of and made multiple posts on the “Iron March” forum, a gathering point for young neo-Nazis to organize and recruit for extremist organizations, until the forum was closed in late 2017. Collins and Kryscuk met through the forum and expanded their group using an encrypted messaging application as an alternate means of communication outside of the forum. Collins and Kryscuk recruited additional members, including Duncan, Hermanson, and Maurino, and conducted training, including a live-fire training in the desert near Boise. From video footage recorded by the members during the training, Kryscuk, Duncan, and others produced a montage video of their training. In the video, the participants are seen firing short barrel rifles and other assault-type rifles, and the end of the propaganda video shows the four participants outfitted in AtomWaffen masks giving the “Heil Hitler” sign, beneath the image of a black sun, a Nazi symbol. The last frame bears the phrase, “Come home white man.” Prior to their arrests, Collins and Duncan had recently relocated from North Carolina and Texas, respectively, to Boise to be near Kryscuk.
If convicted of all counts against them, the defendants face up to 40 years imprisonment.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina, made the announcement. The Naval Criminal Investigative Service, the Federal Bureau of Investigation field offices in Salt Lake City and Charlotte with assistance from field offices in Boston, New York, and Newark, the Boise Police Department, the United States Postal Inspection Service, Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, are investigating the case. Assistant U.S. Attorneys from the Eastern District of North Carolina are prosecuting the case for the government with assistance from Assistant United States Attorneys for the District of Idaho, District of New Jersey, Eastern District of New York, the District of Rhode Island and attorneys from the National Security Division.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-CR-167-M.
Grand Jury Indicts Williamsville Man on Multiple Charges of Production and Possession of Child Pornography and Enticement of A MinorRead 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 a federal grand jury has returned an indictment charging Michael Regan, 39, of Williamsville, NY, with production and possession of child pornography, and enticement of a minor. The charges carry a mandatory minimum penalty of 15 years in prison and a maximum of life.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that according to the indictment and a previously filed complaint, on December 2, 2020, the FBI’s Child Exploitation Task Force was contacted by the Buffalo Police Department, which believed that the defendant was engaged in a sexual conversation with a 13 year-old-girl (Victim) through social media. Regan, a former corrections officer who identified himself as “Jason,” and the Victim met over Snapchat in late July and continued to chat over the next several weeks on social media. The chats were often sexual in nature with the defendant requesting that the victim send him sexually explicit photographs and videos. As the conversations progressed, Regan made plans to meet the Victim for the purpose of engaging in sexual activity. In August, Regan met the Minor Victim and engaged in sexual contact. At one point, the defendant claimed to be a Cheektowaga Police Officer. In addition, investigators uncovered sexually explicit photographs of an additional Victim, who was an infant, produced by Regan, on the defendant’s cell phone.
The indictment is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia.
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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Grand Jury - August 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 11 unsealed Indictments charging 11 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Gilberto Aguilar-Beltran, age 44, is charged in a two-count Indictment. Count I charges Aguilar-Beltran with conspiracy to distribute and possession with intent to distribute 500 grams or more of Methamphetamine on or about February, 2021 and continuing to on or about July 15, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 500 grams or more of Methamphetamine on or about July 15, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. There is also an allegation to forfeit United States currency seized on or about July 15, 2021.
* Jeremy M. Boyd, age 23, of Omaha, is charged in a two-count Indictment. Count I charges Boyd with receipt of visual depictions of minors engaging in sexually explicit conduct from on or about February 27, 2020 to on or about July 2, 2020. The maximum possible penalty if convicted is not less than 5 years and up to 20 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $35,000 additional special assessment. Count II charges the defendant with possession of visual depictions of minors engaging in sexually explicit conduct on or about July 2, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $17,000 additional special assessment.
* Talis Dale, age 22, of Macy, Nebraska, is charged with sexual abuse of a minor on or about May 3, 2021. The maximum possible penalty if convicted is 15 years’ imprisonment, $250,000 fine, a life term of supervised release, a $100 special assessment.
* Achocho Enita, age 28, of Council Bluffs, Iowa, is charged in a two-count Indictment. Count I charges Enita with attempted enticement of a minor on or about July 13, 2021 to on or about July 23, 2021. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment. Count II charges the defendant with travel with intent to engage in illicit sexual conduct on or about July 23, 2021. The maximum possible penalty if convicted is 30 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment,
* Matthew Foster, age 34, is charged in a three-count Indictment. Count I charges Foster with distribution of fentanyl analogue resulting in serious bodily injury on or about February 3, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with distribution of heroin and fentanyl analogue on or about July 15, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment. Count III charges the defendant with possession with intent to distribute fentanyl analogue and Methamphetamine on or about February 10, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment.
* Jessica Giles, age 32, is charged in a four-count Indictment. Counts I trough III charge Giles with distribution of 5 grams or more of methamphetamine (actual) on or about January 7, 2021 to on or about February 10, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count IV charges the defendant with possession with intent to distribute methamphetamine on or about February 18, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment.
* Derrick Lloyd, age 28, is charged with possession with intent to distribute 10 grams or more of fentanyl on or about July 20, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment
* Clemencia Marcos Juan, age 42, is charged in a two-count Indictment. Count I charges Juan with use of an identification document not lawfully issued on or about April 16, 2018. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment. Count II charges the defendant with misuse of a Social Security number on or about April 16, 2018. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.
* Salvador Mora Cisneros, age 40, is charged with illegal reentry after deportation on or about July 21, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Mario A. Quiroga, age 21, is charged in a two-count Indictment. Count I and II charge Mario with interference with interstate commerce by way of robbery on or about July 21, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.
* Fernando Luis Villegas-Valdez, age 33, is charged with illegal reentry after deportation on or about May 5, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
Georgia Man Guilty of Operating High-Volume Drug “Market” sentenced to 20 Years in Prison, Additional Co-Defendants Sentenced this WeekRead the Press Release
ALBANY, Ga. – Multiple co-defendants involved in a high-volume drug trafficking operation located in a southwest Georgia city were sentenced to federal prison for their crimes this week.
On Thursday, August 19, James Malone, 51, of Albany, was sentenced to serve 240 months in prison to be followed by five years of supervised release after he pleaded guilty to distribution of methamphetamine. The following co-defendants were sentenced to prison this week:
Laura Ann Dungee-Ali, 49, of Albany, as sentenced to serve 180 months in prison to be followed by two years of supervised release after she pleaded guilty to maintaining a drug-involved premises;
William Raymond Cook, 46, of Albany, was sentenced to serve 151 months in prison to be followed by three years of supervised release after he pleaded guilty to possession with intent to distribute hydrocodone;
Shannon Marie Mason, 39, of Leesburg, Georgia, was sentenced to serve 75 months in prison to be followed by two years of supervised release after she pleaded guilty to distribution of methamphetamine;
Anthony Dewayne Pearson, 42, of Sylvester, Georgia, was sentenced to serve 60 months in prison to be followed by three years of supervised release after he pleaded guilty to conspiracy to possess with intent to distribute hydrocodone; and,
Patricia Odom, 50, of Albany, was sentenced to serve 12 months in prison to be followed by three years of supervised release after pleading guilty to possession with intent to distribute methamphetamine.
Sherrod Winchester, 39, of Albany, is scheduled for sentencing the week of September 13, after he pleaded guilty to conspiring to distribute controlled substances.
U.S. District Judge Leslie Gardner is presiding over this case.
“In the light of day, these defendants operated a quick-serve market for some of the deadliest illegal drugs available. Malone and Winchester directed this operation with a shocking brazenness, causing grave harm to drug users and damaging a neighborhood,” said Acting U.S. Attorney Peter D. Leary. “Investigators with the Albany-Dougherty Drug Unit, GBI, DEA and FBI successfully stopped a pit-stop of poison from continuing to destroy lives and a community.”
“DEA eradicated a methamphetamine distribution network that pushed poison throughout the Albany community. DEA and its law enforcement partners are committed to protecting these communities,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Today is not only a victory for law enforcement, but also for the Albany community that was directly impacted by this organization. Everyone can sleep better at night now knowing that these defendants have been sentenced.”
“These defendants were so brazen they barely tried to hide their stop and shop operation that perpetuated crime throughout the community,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “Through our strong partnerships with federal, state and local law enforcement agencies, we were able close down their business and make sure they could cause no more harm to the citizens of the communities they plagued.”
“This investigation illustrates that drug trafficking at any level will not be tolerated in the state of Georgia. It is paramount that violators of drug laws be held accountable. The Georgia Bureau of Investigation is fully committed to working with our local and federal partners in drug enforcement to address these types of crimes,” said GBI Director Vic Reynolds.
“Here is another example of how we can utilize local, state and federal resources to address the challenges of drug dealing within our community. These persons continued to disregard the quality of life in their neighborhood by breaking laws meant to protect people from hurt, harm and danger. The victims of these crimes need comprehensive substance abuse treatment and a long-term recovery program. More people may look for a profitable return on drug dealing, but we want them to understand the consequences that come with it,” said Albany Police Chief Michael Persley.
According to court documents, in 2019, Albany-Dougherty Drug Unit (ADDU) detectives identified defendants Malone and Winchester as significant distributors of methamphetamine and heroin. As a result, GBI, DEA and FBI initiated a joint investigation into the distribution of controlled substances at 520 9th Avenue, Albany, Georgia. The location was an open-air drug market run by Malone and Winchester, dispensing diverted pharmaceutical medications, heroin, methamphetamine, cocaine and other controlled substances. On a daily basis, the location maintained a large volume of foot and vehicle traffic, approximately twenty cars or more, with the visits lasting no more than a few minutes. Customers would approach a covered shelter to acquire illegal drugs, in a manner similar to a drive-thru window at a fast-food restaurant. Confidential sources were recorded making purchases of these illegal drugs from several of the co-defendants. Co-defendant Mason admitted to transporting large quantities of illegal substances at the behest of Winchester. Mason was taken into custody with more than a kilo of cocaine and more than a kilo of crystal methamphetamine in her vehicle. More than $40,000 in drug proceeds were seized from Malone’s residence. The drug house operated almost continuously from 2015 until late 2020 or early 2021.
The case was investigated by the FBI, DEA, GBI and the Albany-Dougherty Drug Unit.
Assistant U.S. Attorney Leah McEwen is prosecuting the case.
Fresno Man Sentenced to 4 Years in Prison for Being Felon in Possession of AmmunitionRead the Press Release
FRESNO, Calif. — Simon Meza Jr., 38, of Fresno, was sentenced Friday, Aug. 20, 2021 by U.S. District Judge Dale A. Drozd to four years in prison for being a felon in possession of ammunition that was found in his loaded gun, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Aug. 19, 2020, in Fresno, police officers attempted to conduct a traffic stop on a vehicle driven by Meza. Meza did not yield, but instead, recklessly fled in his vehicle. Officers discontinued the pursuit, but later located Meza’s vehicle abandoned at a business on South Sarah Avenue. Officers located Meza hiding in a nearby park. Surveillance video from the business showed Meza discarding a bag containing a loaded firearm and a wallet with Meza’s California identification card inside. Meza has multiple prior convictions for illegal weapons and drug possession and is prohibited from possessing ammunition.
This case was the product of an investigation by Homeland Security Investigations, the Fresno Police Department, and the Fresno County Sheriff’s Office. Assistant U.S. Attorney Katherine E. Schuh prosecuted the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Fort Collins Bookkeeper Sentenced for Mail Fraud and Money LaunderingRead the Press Release
Denver - Rose Horne, formerly of Fort Collins, Colorado, was sentenced yesterday to 36 months in prison, followed by 3 years of supervised release, and $977,115.87 in restitution for mail fraud and money laundering.
According to court documents, Horne worked as a bookkeeper for a small, family-run plumbing business in Fort Collins for 27 years. From at least October 2005 through June 2011, Horne engaged in a scheme to embezzle over $1 million from her employer. As part of her scheme, Horne wrote approximately 170 unauthorized checks to herself from her employer’s payroll bank account. Horne, who did not have signature authority for the business bank accounts, forged signatures on some checks or presented checks to the authorized signatories under the guise that the checks were for business expenses. Additionally, Horne obtained a personal credit card from Chase Bank, knowing the business also had a Chase credit card account, so that checks made payable to Chase Bank to pay her personal credit card bills would not raise questions.
Horne attempted to conceal the theft by writing “void” on check stubs, falsely writing the name of an actual vendor on the check stubs, and by cutting and blacking out portions of her employer’s bank statements that included copies of the checks in question.
“Frauds like this one can be financially and emotionally devastating to small business owners,” said Acting U.S. Attorney Matt Kirsch. “Ms. Horne ran but ultimately could not hide from the consequences of her crimes.”
Horne was sentenced by U.S. District Court Judge Robert E. Blackburn after pleading guilty on May 5, 2021. She was indicted on March 11, 2014 and remained a fugitive until her arrest in California in June 2020.
“IRS-Criminal Investigation will use all its available resources to pursue those who defraud American taxpayers” said Andy Tsui, IRS-Criminal Investigation Special Agent in Charge, Denver Field Office. “Horne abused the trust bestowed upon her by her employer, fled when her illegal activities were discovered, and is now being held accountable for her actions.”
This case was investigated by the Internal Revenue Service – Criminal Investigation.
This case was prosecuted by Assistant U.S. Attorney Pegeen D. Rhyne.
Case No. 14-cr-00093-REB
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Former San Francisco Senior Building Inspector and Former San Francisco Building Inspection Commission President Charged with Building-Permit FraudRead the Press Release
SAN FRANCISCO - A federal complaint filed today charges Bernard Curran and Rodrigo Santos with honest services wire fraud, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.
According to the complaint, Curran, 60, of San Francisco, was employed at the San Francisco Department of Building Inspection (DBI) from 2005 until he resigned from his supervisory position as Senior Building Inspector while on administrative leave in May 2021. Santos, 63, also of San Francisco, is a co-founder of the San Francisco-based Santos & Urrutia Structural Engineers who was appointed to the San Francisco Building Inspection Commission in 2000 by Mayor Willie Brown and promoted in 2004 by Mayor Gavin Newsom to be the Commission’s President. In 2012, Mayor Ed Lee appointed Santos to the San Francisco City College Board of Trustees. Santos’s day-to-day work involved providing engineering services to construction project owners and contractors through his structural engineering company. His services included obtaining building permits for his clients from DBI.
Santos was earlier indicted on July 1, 2021, in a federal indictment, case number CR 21-0268 SI, alleging bank fraud, aggravated identity theft, and obstruction of justice in a scheme to obtain and wrongfully divert money from clients into his own account. That criminal prosecution remains underway.
Today’s federal complaint describes that a major hurdle any San Francisco real property owner must clear to shepherd a construction or remodeling project from inception to completion is to obtain and comply with a permit from DBI. A critical step in that process is the on-site physical inspection by a DBI inspector, who inspects and determines if the work completed at the site complies with work authorized and mandated by the permit. If so, approval is issued by the inspector.
The complaint alleges that Santos requested his clients make charitable contributions attributable to Curran to a local non-profit athletic organization favored by Curran. These checks, in the amounts of $500 to $1,500, were written to the athletic organization on numerous occasions during the scheme. Curran is alleged in the complaint to have been aware of these donations and understood that the payments were in furtherance of the permit-approval scheme. In exchange for this stream of benefits flowing to Curran’s favored athletic organization, Curran repeatedly acted in his position as a DBI Senior Building Inspector to provide Santos’ clients with favorable official treatment. In one of several incidents outlined in the complaint, Curran inspected and issued a final approval of the work done under a DBI permit issued to a Santos client though work required to comply with the permit was never done. The complaint further alleges that most of the permits that Curran approved for Santos’ clients who donated were on properties outside of Curran’s DBI-assigned district and were the responsibility of other inspectors.
The initial federal court appearances for Santos and Curran have not yet been scheduled.
Santos and Curran are charged in the complaint with honest services wire fraud in violation of Title 18, United States Code, Sections 1343 and 1346. They face a maximum sentence of 20 years imprisonment and a fine equal to the greater of $250,000 or twice the gross gain or loss from the crime. However, any sentence following a conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The charges contained in a criminal complaint merely allege that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Casey Boome is the Assistant U.S. Attorney prosecuting the case with the assistance of legal assistants Ralph Banchstubbs and Kathy Tat. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Former San Francisco Senior Building Inspector and Former San Francisco Building Inspection Commission President Charged with Building-Permit FraudRead the Press Release
SAN FRANCISCO - A federal complaint filed today charges Bernard Curran and Rodrigo Santos with honest services wire fraud, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair.
According to the complaint, Curran, 60, of San Francisco, was employed at the San Francisco Department of Building Inspection (DBI) from 2005 until he resigned from his supervisory position as Senior Building Inspector while on administrative leave in May 2021. Santos, 63, also of San Francisco, is a co-founder of the San Francisco-based Santos & Urrutia Structural Engineers who was appointed to the San Francisco Building Inspection Commission in 2000 by Mayor Willie Brown and promoted in 2004 by Mayor Gavin Newsom to be the Commission’s President. In 2012, Mayor Ed Lee appointed Santos to the San Francisco City College Board of Trustees. Santos’s day-to-day work involved providing engineering services to construction project owners and contractors through his structural engineering company. His services included obtaining building permits for his clients from DBI.
Santos was earlier indicted on July 1, 2021, in a federal indictment, case number CR 21-0268 SI, alleging bank fraud, aggravated identity theft, and obstruction of justice in a scheme to obtain and wrongfully divert money from clients into his own account. That criminal prosecution remains underway.
Today’s federal complaint describes that a major hurdle any San Francisco real property owner must clear to shepherd a construction or remodeling project from inception to completion is to obtain and comply with a permit from DBI. A critical step in that process is the on-site physical inspection by a DBI inspector, who inspects and determines if the work completed at the site complies with work authorized and mandated by the permit. If so, approval is issued by the inspector.
The complaint alleges that Santos requested his clients make charitable contributions attributable to Curran to a local non-profit athletic organization favored by Curran. These checks, in the amounts of $500 to $1,500, were written to the athletic organization on numerous occasions during the scheme. Curran is alleged in the complaint to have been aware of these donations and understood that the payments were in furtherance of the permit-approval scheme. In exchange for this stream of benefits flowing to Curran’s favored athletic organization, Curran repeatedly acted in his position as a DBI Senior Building Inspector to provide Santos’ clients with favorable official treatment. In one of several incidents outlined in the complaint, Curran inspected and issued a final approval of the work done under a DBI permit issued to a Santos client though work required to comply with the permit was never done. The complaint further alleges that most of the permits that Curran approved for Santos’ clients who donated were on properties outside of Curran’s DBI-assigned district and were the responsibility of other inspectors.
The initial federal court appearances for Santos and Curran have not yet been scheduled.
Santos and Curran are charged in the complaint with honest services wire fraud in violation of Title 18, United States Code, Sections 1343 and 1346. They face a maximum sentence of 20 years imprisonment and a fine equal to the greater of $250,000 or twice the gross gain or loss from the crime. However, any sentence following a conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The charges contained in a criminal complaint merely allege that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Casey Boome is the Assistant U.S. Attorney prosecuting the case with the assistance of legal assistants Ralph Banchstubbs and Kathy Tat. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
Florida Man Pleads Guilty to Unemployment Benefits FraudRead the Press Release
LAS VEGAS, Nev. – A Tallahassee, Florida, man pleaded guilty today to conspiracy to use 17 victims’ identities (without their consent) to unlawfully submit fraudulent unemployment insurance benefits claims, totaling at least $385,000.
According to court documents and admissions made in court, Joseph Holmes Jr., 22, conspired with others to submit fraudulent unemployment insurance claims with the California Employment Development Department (EDD). During a traffic stop on September 18, 2020, Las Vegas Metropolitan Police Department officers discovered in the car and on Holmes and co-defendant Emelio Rochester: 17 EDD debit cards, all in different names; $89,710 in cash; five cellphones; three laptop computers; and a tablet. At least $385,000 in unemployment benefits was approved for unemployment claims associated with the EDD debit cards, and at least $192,234 was withdrawn using the cards.
Holmes pleaded guilty to one count of conspiracy to possess counterfeit and unauthorized access devices and one count of aggravated identity theft. U.S. District Judge Andrew P. Gordon scheduled sentencing for December 9, 2021. Holmes faces a total statutory maximum penalty of seven years in prison and a $250,000 fine.
Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge Quentin Heiden of the U.S. Department of Labor Office of Inspector General (DOL-OIG), Los Angeles Region made the announcement.
This case was investigated by the DOL-OIG. Assistant U.S. Attorney Jim Fang is prosecuting the case.
In May, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF web complaint form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
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Federal Jury Convicts Kanawha County Man of Drug TraffickingRead the Press Release
CHARLESTON, W.Va. – A federal jury convicted a Kanawha County man on charges of distributing methamphetamine, distributing crack cocaine, and possessing with intent to distribute over 400 grams of methamphetamine and over 80 grams of crack cocaine. United States District Judge Joseph R. Goodwin presided over the jury trial.
According to court records and evidence presented at trial, Michael Andrew King, Jr., 35, of Charleston, distributed methamphetamine to an individual in Montgomery, West Virginia on January 4, 2019. Three days later, King distributed crack cocaine to that same individual in Montgomery. On February 2, 2019, King was in Cleveland, Ohio and placed over 400 grams of methamphetamine and over 80 grams of crack cocaine in a female’s vehicle without her knowledge. King arranged for the female to follow him back to Charleston that same day. Law enforcement conducted surveillance of King as he followed the female’s vehicle, and after a traffic stop of both vehicles, seized King’s methamphetamine and crack cocaine that he had previously placed in the vehicle.
“I want to thank the Metropolitan Drug Enforcement Network Team (MDENT), as well as the other law enforcement agencies who worked on this case to protect the public and continue our efforts to shut down the flow of illegal drugs into the Southern District of West Virginia,” said Acting U.S. Attorney Lisa G. Johnston.
King faces at least 10 years and up to life in prison when he is sentenced on November 18, 2021.
Assistant U.S. Attorneys Nowles Heinrich and Ryan Blackwell handled the prosecution. The Metropolitan Drug Enforcement Network Team (MDENT) conducted the investigation with assistance from the Charleston Police Department, the South Charleston Police Department, the West Virginia State Police, the Kanawha County Sheriff’s Office, the Drug Enforcement Administration (DEA) and the Parkersburg Police Department.
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. 2:21-cr-00023.
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Federal Indictment in Maryland Charges Four Men for a Methamphetamine Distribution Conspiracy in which the Drugs Were Sent Through the U.S. Mail to a Mail Carrier Who Accepted Bribes to Re-Route the PackagesRead the Press Release
Greenbelt, Maryland – A federal grand jury has returned an indictment charging four men with federal charges related to the distribution of methamphetamine sent through the U.S. mail to a mail carrier who allegedly accepted bribes to re-route the packages to drug conspirators. Charged in the indictment are:
Robert DuBois Miller III, age 30, of Bowie, Maryland;
Isaiah David Hamilton, age 24, of Upper Marlboro, Maryland;
Raynard Jordan Johnson, age 24, of Upper Marlboro; and
Walter Ellis Minor III, age 30, of Lanham, Maryland.The indictment was returned on June 23, 2021, and unsealed today upon the arrest of the defendants.
The indictment was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; Postal Inspector in Charge Daniel A. Adame of the U.S. Postal Inspection Service - Washington Division; Special Agent in Charge Timothy Jones of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Malik Azziz of the Prince George’s County Police Department.
According to the eight-count indictment, between August 2019 and February 2020, Miller, Hamilton, and Johnson were part of a conspiracy to distribute and possess with intent to distribute methamphetamine. The indictment alleges that between October 2019 and January 2020, Miller mailed packages containing methamphetamine from post offices in Los Angeles, California, to addresses in Bowie and Lanham, Maryland, that were on the routes assigned to Minor, a U.S. Postal Service mail carrier.
Specifically, the indictment alleges that Miller addressed the packages in the names of various individuals to addresses on postal routes assigned to Minor. Once the packages were mailed, Miller allegedly provided Minor the number of packages containing methamphetamine and the tracking numbers, so Minor would know how many packages he should expect to re-route. When the packages arrived in Maryland, Minor allegedly contacted Miller with a location where Miller or his associates could pick up the packages. These locations were not the addresses listed on the packages. As detailed in the indictment, if Minor was not able to obtain the package for delivery he would inform Miller, who would then dispatch an associate to wait at the location where the package was set to be delivered, in order to steal the package.
The indictment alleges that Miller paid Minor in exchange for Minor redirecting packages from the address listed on the package to members of the conspiracy. The indictment alleges that on March 9, 2019, October 30, 2019 and November 27, 2019, Miller provided payment to Minor in exchange for Minor diverting packages containing methamphetamine to Miller or other conspirators. For example, the indictment alleges that on October 29, 2019 and November 25, 2019, Miller sent a package containing methamphetamine to an address in Maryland on Minor’s postal route and Minor subsequently redirected the packages from the address listed on each package to a member of the conspiracy. Miller allegedly then paid Minor $240 and $300, respectively.
If convicted, Miller, Hamilton and Johnson each face a mandatory minimum sentence of 10 years in federal prison and a maximum sentence of life in prison for their roles in the conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine. Miller and Minor each face a maximum of 20 years in federal prison for conspiracy to commit mail fraud. Miller also faces a maximum of 15 years in federal prison for each of three counts charging him with giving bribes to a public official and Minor faces a maximum of 15 years in federal prison for each of three counts of acceptance of bribes by a public official. 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. The defendants will all have an initial appearance this afternoon before U.S. Magistrate Judge Timothy J. Sullivan in U.S. District Court in Greenbelt, beginning at 1:30 p.m.
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.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
This case is an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level 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.
Acting United States Attorney Jonathan F. Lenzner commended the DEA, the U.S. Postal Inspection Service, the ATF, and the Prince George’s County Police Department for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Rajeev R. Raghavan and Erin B. Pulice, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Federal Court Permanently Shuts Down Chicago Tax PreparerRead the Press Release
A federal court in the Northern District of Illinois has permanently enjoined a Chicago, Illinois, tax return preparer from preparing returns for others and from owning or operating any tax return preparation business in the future.
The civil complaint filed in the case alleged that Lennette Roberts and her company, Real Counseling Solution Inc., which did business under the assumed name RR Tax and Accounting, prepared fraudulent federal income tax returns. According to the complaint, defendants prepared returns that made false and fraudulent claims including: (1) false itemized deductions; (2) fabricated losses for non-existent businesses; (3) false or inflated earned income tax credits; and (4) false head-of-household filing statuses (which results in a lower rate as compared to single filing status).
According to the court’s order, Lennette Roberts and her company consented to entry of the injunction, which permits the United States to conduct full post-judgment discovery to monitor compliance. The order requires that Roberts (1) send notice of the injunction to each person for whom she and her company prepared federal tax returns, other tax forms, or claims for refund after Jan. 1, 2018, and (2) post an electronic copy of the injunction on any business social media profile currently maintained or created over the next five years.
Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Fall Creek Man Sentenced to 8 Years 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 Roy Hopp, 41, Fall Creek, Wisconsin, was sentenced yesterday by U.S. District Judge William Conley to 8 years in federal prison for being a felon in possession of a firearm. This term of imprisonment will be followed by 3 years of supervised release. Hopp pleaded guilty to this charge on June 1, 2021.
On November 12, 2020, Hopp was arrested driving a stolen car in Eau Claire, Wisconsin. Police searched Hopp, finding a stolen .380 caliber pistol in his pocket. Hopp pleaded guilty to a state burglary charge related to the gun theft.
At sentencing, Judge Conley indicated that he imposed the long sentence on Hopp due to the severity of the offense and his persistent criminal history which included convictions for burglary, theft, drug offenses, and sexual assault. Judge Conley reflected that Hopp was a danger to the community and recommended that he receive mental health and substance abuse treatment.
The charge against Hopp was the result of an investigation conducted by the Eau Claire Sheriff’s Office, Eau Claire Police Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
Enrolled member of San Felipe Pueblo sentenced to five years in federal prison for assault with a dangerous weapon in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Emery Garcia, 37, of San Felipe, New Mexico, and an enrolled member of the San Felipe Pueblo, was sentenced on Aug. 19 in federal court to five years in prison for assault with a dangerous weapon in Indian Country.
Garcia pleaded guilty on March 29. According to the plea agreement, on Oct. 8, 2020, Garcia assaulted both of his teenage kids, identified as John Doe 1 and John Doe 2, on the San Felipe Pueblo in Sandoval County, New Mexico. After having an argument via text message with John Doe 2, Garcia drove to their residence to cause bodily harm to the victim. Garcia attempted to gain access to the residence through one of the windows of the home and was pushed back by both John Doe 1 and John Doe 2. Garcia returned to the window with a with a board, specifically a piece of 2x4 lumber, and attacked both victims by striking them on the head.
Upon completion of his sentence, Garcia will be subject to three years of supervised release.
The Albuquerque Field Office of the FBI investigated this case with assistance from the Bureau of Indian Affairs. Assistant U.S. Attorneys Kyle Nayback and Allison Jaros prosecuted the case.
Drug Cartel Member Sentenced to 30 Years in Federal Prison for Narcotics Trafficking in East TexasRead the Press Release
TEXARKANA, Texas – A Dallas man has been sentenced to prison for an international drug trafficking operation in the Eastern District of Texas pursuant to Operation Dirty Bird, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Jose Armando Rosales-Bernal, 27, pleaded guilty on Sep. 1, 2020, to conspiring to distribute controlled substances was sentenced to 360 months in prison today by U.S. District Judge Robert W. Schroeder III. Rosales-Bernal agreed to forfeit $4 million in drug proceeds, $234,971 in U.S. currency, his home, three firearms, luxury jewelry, and three vehicles, including a cherry red Dodge Charger Hellcat.
“Today’s lengthy, 30-year prison sentence reflects exactly how East Texas feels about drug trafficking and enforcement,” said Acting U.S. Attorney Nicholas J. Ganjei. “Not only will drug dealers lose their freedom for long periods of time, but they will also lose their money and other ill-gotten gains. We are grateful for the strong relationships with our many law enforcement partners that led to a just outcome in this important case.”
“This sentence is not only appropriate, but also a major win for HSI and our partners who focus so many of our public safety efforts on removing drug traffickers from North Texas communities and beyond,” said Ryan L. Spradlin, Special Agent in Charge HSI Dallas. “The dismantlement of this defendant’s transnational drug operation and seizure of his assets will strike a significant blow in the fight to stop the illegal importation and distribution of dangerous drugs throughout the United States.”
According to information presented in court, Rosales-Bernal, Rodolfo Javier Falcon, Eleazar Martinez Reyes, Gerardo Carbrera Ramirez, Julio Villarreal, Armando Moreno Jr., Claudia Claribel Gardea, Jose Geraldo Ornelas-Pineda, David Martinez, and others conspired to distribute more than 150 kilograms of cocaine, along with methamphetamine and heroin, from the Jalisco Nueva Generacion drug cartel in Mexico. The group distributed drugs in Dallas, East Texas, Florida, North Carolina, Arkansas, Illinois, and Michigan. On one occasion, Falcon, Gardea, and Ornelas-Pineda—and two young children—were stopped in Tennessee carrying nine kilograms of cocaine from Rosales-Bernal to North Carolina. The organization was also responsible for shipping drug proceeds, in the form of bulk cash, back to Mexico. Law enforcement intercepted one bulk cash shipment of approximately $350,000. Rosales-Bernal and Falcon both occupied leadership roles in the drug trafficking organization. During the conspiracy, Rosales-Bernal, Falcon, Martinez, and others possessed and carried firearms to safeguard their drugs and cash. Rosales-Bernal and others spent their drug proceeds on lavish lifestyle items, including the Dodge Charger Hellcat, flashy watches, exotic weapons, a jewel encrusted rooster necklace, and numerous pairs of luxury shoes and boots.
Operation Dirty Bird is a long-term drug trafficking and money laundering investigation that has led to the seizure of more than $500,000 in U.S. Currency, almost 40 kilograms of cocaine, more than a quarter kilogram of methamphetamine, nine firearms, several vehicles, two houses in Dallas, and an array of fine jewelry.
Rosales-Bernal, Villarreal, Moreno, Falcon, Ramirez, Gardea, Ornelas-Pineda, Dalia Janet Campos Rosales, Reyes, and Martinez were previously charged and arrested as a result of this investigation. Falcon, Ramirez, Gardea, Reyes, Ornelas-Pineda, Moreno, and Villarreal have pleaded guilty and have been sentenced collectively to more than 800 months in prison. Campos Rosales has pleaded guilty and is awaiting sentencing. Martinez has pleaded not guilty and is awaiting trial. This case is pending in the Texarkana Division of the Eastern District of Texas. If convicted, Martinez face a minimum of 15 years and as much as life in federal prison.
This case was investigated by the Mount Pleasant office of the Texas Department of Public Safety, Criminal Investigation Division and the Dallas office of Homeland Security Investigations. In addition, the following agencies have played critical roles in this investigation: the Mesquite, Texas, Police Department SWAT team; the Texas National Guard; the Texas Department of Public Safety, Highway Patrol Division and Aircraft Division; the George West, Texas, Police Department; the 23rd Judicial Drug Task Force in Dickson, Tennessee; and the Mount Pleasant, Texas, Police Department. The case was prosecuted by Assistant U.S. Attorney Jonathan R. Hornok.
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Des Moines Woman Sentenced to Prison for Making a False Statement During the Purchase of a FirearmRead the Press Release
DES MOINES, IOWA – On Thursday, August 19, 2021, a federal judge sentenced Jennifer Elizabeth Shorter, age 23, of Des Moines, to 33 months in prison for making a false statement during the purchase of a firearm. Shorter previously pleaded guilty to the charge.
At sentencing, United States District Court Senior Judge James E. Gritzner found Shorter had illegally purchased eleven firearms by lying on the purchasing forms. For ten of the firearms, Shorter claimed she was the actual buyer, when she actually purchased the firearms for others. Two of those firearms were recovered in the hands of prohibited individuals, a felon and a juvenile. Eight of the firearms remain unrecovered.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Des Moines Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of Project Safe Neighborhoods, 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.
Davante Harrison (“YGG Tay”) Convicted for Drug Conspiracy and Related Gun and Drug Charges After a Five-Day Federal TrialRead the Press Release
Baltimore, Maryland – A federal jury today convicted Davante Harrison, a/k/a “YGG Tay,” age 26, of Baltimore for federal charges of conspiracy to distribute and possess with intent to distribute fentanyl, heroin, cocaine, and crack cocaine; possession with intent to distribute heroin, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime. The guilty verdict was returned at the end of a five-day federal trial.
The conviction 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; Commissioner Michael Harrison of the Baltimore Police Department; and Chief Amal Awad of the Anne Arundel County Police Department.
According to the evidence presented at his five-day trial, in October and November 2019, Harrison was part of a drug conspiracy that distributed fentanyl, heroin, cocaine, and crack cocaine in Baltimore and Baltimore County. Law enforcement officers investigating the conspiracy surveilled Harrison, who is believed to be the leader of the group “Young Go Getters,” and observed him traveling from Baltimore to locations in Rosedale and Golden Ring Park in Baltimore County, where he made short stops to conduct narcotics transactions. Afterward, Harrison traveled to a casino in Delaware with the drug proceeds.
“With this conviction, our federal, state and local law enforcement team here in Maryland held accountable an armed narcotics dealer,” said Acting U.S. Attorney Jonathan Lenzner. “There is no question that in general the drug trade fuels overdoses and gun violence, and as we saw in this trial, drug dealers often possess deadly narcotics and firearms. We would like to thank the FBI and the Baltimore and Anne Arundel County police departments for their partnership and terrific investigative work on this case. At the end of the day, we are focused on making the community safer for Maryland residents, and this conviction is another step in that direction.”
According to testimony and court documents, on November 25, 2019, FBI investigators executed search warrants at locations associated with the conspiracy, including a search of Harrison. From Harrison, investigators recovered $9,277 in cash and a .40 caliber handgun loaded with an extended magazine containing 17 rounds, including one in the chamber. The $9,277 were proceeds of Harrison’s drug trafficking activity. At a stash location associated with the conspiracy, law enforcement recovered a 9mm pistol, loaded with 16 rounds, including one in the chamber; a .25 caliber pistol loaded with five rounds; a container with 386 grams of a mixture of fentanyl and heroin; several clear plastic bags containing a total of 40 grams of cocaine; a clear plastic bag containing 50 grams of a mixture of heroin and fentanyl; a clear plastic bag containing 27 grams of crack cocaine; a plastic bag containing 71 grams of a fentanyl mixture; and drug paraphernalia.
As a result of a previous felony conviction, Harrison knew that he was prohibited from possessing firearms or ammunition.
Harrison faces a mandatory minimum sentence of 10 years in prison and a maximum of life in federal prison for the drug conspiracy; a maximum of 20 in federal prison for possession with intent to distribute heroin; a maximum of 10 years in federal prison for possession of a firearm by a prohibited person; and a mandatory minimum of 5 years in prison, consecutive to any other sentence, and a maximum of life in federal prison for possession of a firearm in furtherance of a drug trafficking crime. U.S. District Judge Paul W. Grimm will schedule the sentencing at a later date.
Co-defendant Christopher Jerry, age 30, of Baltimore, previously pleaded guilty to his role in the conspiracy and is awaiting sentencing.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Acting United States Attorney Jonathan F. Lenzner commended the FBI, the Baltimore Police Department, and the Anne Arundel County Police Department for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Christine Goo and Charles Austin, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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D..C. Man Indicted on Charges in Scheme to Steal More Than $17 Million in COVID-19 Relief FundsRead the Press Release
WASHINGTON – A District of Columbia man has been indicted on federal charges alleging that he perpetrated a scheme to steal more than $17 million in Paycheck Protection Program (PPP) and Economic Injury and Disaster Loan (EIDL) funds.
The announcement was made by Acting U.S. Attorney Channing D. Phillips and Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service-Criminal Investigation, Washington, D.C. Field Office. The indictment was unsealed today in the U.S. District Court for the District of Columbia.
According to the indictment, Elias Eldabbagh, 30, devised a scheme to use tax returns stolen from a Washington, D.C. consulting firm and stolen identities to fraudulently obtain more than $17 million in PPP and EIDL funds in the name of his company, Alias Systems, LLC. The indictment alleges that Eldabbagh attempted to steal a total of $17 million and successfully stole more than $2.3 million from PPP and EIDL programs.
Eldabbagh was arrested today and appeared this afternoon in the U.S. District Court for the District of Columbia. He was released on home confinement pending a hearing set for Aug. 30.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted in or around March 2020 and 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 was the authorization of billions in forgivable loans to small businesses for job retention and certain other expenses, through a program referred to as the Paycheck Protection Program (PPP).
An Economic Injury Disaster Loan (EIDL) is a Small Business Administration administered loan designed to provide assistance to small businesses that suffer substantial economic injury as a result of a declared disaster. An EIDL helps businesses meet necessary financial obligations that could have been met had the disaster not occurred. It provided relief from economic injury that the disaster caused and permitted businesses to maintain a reasonable working capital position during the period that the disaster affected.
As alleged in the indictment, Eldabbagh carried out a scheme from at least July 2020 to July 2021 in which he filed at least 13 fraudulent PPP loan applications and an EIDL application in the name of Alias Systems, LLC, using stolen identities and stolen tax returns that were fraudulently doctored to appear to be tax returns of Alias Systems, LLC. Based on these applications, Eldabbagh fraudulently obtained more than $2.3 million PPP and EIDL funds, which were then transmitted through numerous financial institutions and used to purchase a 2020 Tesla. The indictment further alleged that Eldabbagh attempted to transfer or obtain funds that had been lawfully seized by Special Agents of IRS Criminal Investigation.
Eldabbagh is charged with five counts of wire fraud, 14 counts of engaging in monetary transactions in criminally derived property, 14 counts of aggravated identity theft, and one count of destruction or removal of property to prevent seizure. If convicted, Eldabbagh faces a maximum penalty of 20 years in prison for each wire fraud count, ten years in prison for each count of engaging in monetary transactions in criminally derived property, two years in prison for each aggravated identity theft count, to run consecutive to any sentence for wire fraud, and five years in prison for the count of destruction or removal of property to prevent seizure. The indictment includes a notification of the United States’ intent to seek the forfeiture of 20 bank accounts and a 2020 Tesla purchased with the proceeds of the fraud. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
On May 17, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of fraud related to 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.
An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.
This case is being investigated by the Washington Field Office of IRS Criminal investigation. Assistance was provided by the Office of the Inspector General for the U.S. Small Business Administration. Assistant U.S. Attorney Leslie A. Goemaat of the Fraud Section of the U.S. Attorney’s Office for the District of Columbia, is prosecuting the case, supported by Paralegal Specialist Mariela Andrade.
Convicted Felon Sentenced for Possessing Firearm with an Obliterated Serial NumberRead the Press Release
PROVIDENCE, R.I. – A Pawtucket man convicted in Rhode Island state court in 2007 and in 2009 on drug trafficking charges, and found during a traffic stop by Pawtucket Police in October 2020 to be in possession of a loaded semi-automatic pistol with an obliterated serial number, was sentenced today to 60 months in federal prison for being a felon in possession of a firearm, announced Acting United States Attorney Richard B. Myrus.
Jonathan Reyes, 35, was stopped by Pawtucket Police on October 14, 2020, when he was observed not wearing a seatbelt and driving a car with out-of-state license plates that were registered to a different vehicle. Reyes claimed to police that he had just purchased the vehicle. He provided them with a Bill of Sale that did not contain a VIN, date of sale/purchase, or signatures of the buyer/seller.
According to court documents, after Reyes and a front seat passenger were asked to exit the vehicle, officers discovered a loaded 9mm semi-automatic pistol with an obliterated serial number inside a black satchel/fanny pack. As Reyes was being placed under arrest, he briefly attempted to flee police but was quickly apprehended.
Reyes pleaded guilty on June 1, 2021, to being a felon in possession of a firearm. Reyes was sentenced today by U.S. District Court Judge William E. Smith to 60 months of incarceration in federal prison to be followed by three years of federal supervised release.
The case was prosecuted by Assistant United States Attorneys William J. Ferland and Ly T. Chin.
The matter was investigated by the Pawtucket Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
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Clinton Man Sentenced to 60 Years in Prison for Production of Child PornographyRead the Press Release
Jackson, Miss. - A Clinton man was sentenced to serve 720 months in federal prison for production of child pornography, announced Acting U.S. Attorney Darren J. LaMarca and Acting Special Agent in Charge Paul Brown of the Federal Bureau of Investigation in Mississippi.
Michael Allen Long, 49, of Clinton, was sentenced after previously pleading guilty to two counts of production of child pornography.
The case was investigated by the FBI Jackson’s Child Exploitation and Human Trafficking Task Force, the Hinds County Sheriff’s Office, and the Mississippi Attorney General’s Office.
The case was prosecuted by Assistant U.S. Attorney Glenda R. Haynes.
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.
Clarksburg woman admits to carjacking chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Courtney M. Oliverio, of Clarksburg, West Virginia, has admitted to a carjacking charge, Acting United States Attorney Randolph J. Bernard announced.
Oliverio, 39, pleaded guilty today to one count of “Carjacking.” On June 3, 2020, Oliverio assisted another in attempting to take a motorcycle from a property in Shinnston, West Virginia.
Oliverio faces up to 15 years of incarceration and fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Shinnston Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/clarksburg-residents-indicted-carjacking-and-firearms-charges
Chandler Couple Arrested for AHCCCS Fraud and Pandemic Loan FraudRead the Press Release
PHOENIX, Ariz. – Dale Henson, 53, and his wife Zoila Henson, 53, both of Chandler, Arizona, were arrested on Wednesday for fraudulently billing the Arizona Healthcare Cost Containment System and for fraud involving receipt of COVID-19 Economic Injury Disaster Loan funds. The couple was charged earlier this month by the federal grand jury in a 58-count indictment.
The indictment alleges that the couple used their medical billing company to bill AHCCCS for services not actually rendered. AHCCCS is primarily federally funded, and it provides healthcare programs for Arizona’s low-income residents. The couple is alleged to have submitted $1.2 million in fraudulent bills to AHCCCS over a 9-month period in 2019-2020, and then to have used some of the proceeds to purchase a $1.3 residence in Gilbert, Arizona. The indictment also alleges the couple lied in their applications for COVID-19 pandemic-related loans and used the proceeds of the loan funds for personal expenses, such as the purchase of a residence in Mexico, where Zoila Henson is a citizen.
The charges include healthcare fraud, wire fraud, money laundering, and aggravated identity theft. A conviction for healthcare fraud or wire fraud carries a sentence of up to 20 years, a conviction for money laundering carries a sentence of up to 10 years, and a conviction for aggravated identity theft carries a mandatory, consecutive 24-month prison sentence – in addition to hefty maximum fines for each offense.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilty beyond a reasonable doubt.
The Phoenix Division of the Federal Bureau of Investigation conducted the investigation in this case. Monica Klapper, Assistant U.S. Attorney, District of Arizona, Phoenix, is handling the prosecution.
CASE NUMBER: CR 21-000601-PHX-DJH
RELEASE NUMBER: 2021-054_Hensons# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Champaign Man Sentenced for Inciting RiotRead the Press Release
URBANA, Ill.– A Champaign, Ill., man, Shamar N. Betts, 20, was sentenced to four years in federal prison on August 19, 2021, for inciting a riot in Champaign that began on May 31 and continued overnight to June 1, 2020. U.S. District Court Judge Michael M. Mihm then reduced the sentence to three years imprisonment, in light of the year Betts had already spent in state custody. The judge ordered Betts to pay over $1.5 million in restitution. Following release from prison, Betts was ordered to remain on supervised release for three years.
At sentencing, Judge Mihm recounted the evidence that established Betts’s role in inciting the riot that began at Market Place Mall and spread to area businesses and moved to the commercial area of North Prospect Ave.:
On May 31, 2020, at 10:31 a.m., Betts posted a statement to Facebook and attached a flyer of a stock image of a burning vehicle overlaid with a date and time: “RIOT @ MarketPlace Mall, Time: 3.” The flyer listed items to bring including “friends, family, posters, bricks, bookbags, etc.” In a post accompanying the flyer, Betts wrote, in part, “We gotta put Champaign/Urbana on the map - expletive – gone hear and fear us too. SLIDE let’s get busy.”
Before 3:00 p.m., Champaign Police Department officers went to Market Place Mall to attempt to prevent a riot. When officers arrived, approximately 50 to 75 people had gathered. The group continued to grow in number, and at approximately 3:12 p.m., the group began breaking out windows at businesses located in the mall, including Old Navy and Macy’s, and looting merchandise from within. Betts is pictured in video footage of the riot exiting the Old Navy store with a handful of clothing items.
During the riot, Betts also used his cell phone to make and post a Facebook Live video. The video depicts Betts carrying multiple items, including numerous pairs of khaki pants with Old Navy tags attached. Betts is heard in the video repeatedly stating, “We out here…” In another video, taken by a bystander, Betts is seen carrying multiple items, including khaki pants, and walking from Old Navy. As Betts walked by the bystander, he stated, “I started this s---.” Betts also used his cell phone during the riot to instigate others to join or to brag about starting the riot including statements such as “I started this,” and “Are you sliding to my riot?”
Dozens of off-duty officers were called to the riot where there were multiple assaults of officers and intense confrontations with the police by the group. This activity continued throughout the night and into the early morning hours of June 1, 2020. By the end of the night, approximately 73 businesses in the area had been vandalized and / or looted, including multiple small businesses that were set to reopen on June 1, after being shut down due to the COVID-19 pandemic. The loss to those businesses exceeded $2.1 million.
Further, after the riot, Betts fled to Mississippi where he used his cell phone to conduct internet searches such as, “can police find your location by logging in messenger,” “can police track your facebook,” and “what are charges for starting a riot.”
"This case illustrates the major difference between legitimate First Amendment expression and inciting a riot. In close cooperation with our law enforcement partners, the United States Attorney's Office remains committed to vigorously prosecuting those who incite and cause wanton damage," stated Acting U.S. Attorney Douglas J. Quivey. "At the same time, we remain equally committed to ensuring all citizens have the opportunity to legitimately exercise their First Amendment rights."
“The FBI respects and encourages the rights of individuals to peacefully exercise their First Amendment rights within the U.S. Constitution,” said Federal Bureau of Investigation Springfield Special Agent in Charge Sean Cox. “When someone chooses to engage in acts of violence, to incite violence, destroy property, or to assault law enforcement this is illegal activity and clearly is not someone exercising their rights as afforded under the U.S. Constitution. This sentence serves a clear message the FBI is committed to working with our partners to ensure justice is served and the people in our communities are protected.”
Betts was arrested in Mississippi on June 5, 2020, by the U.S. Marshals Service Gulf Coast Regional Fugitive Task Force. He has been detained in custody since his arrest. On July 8, 2021, Betts was sentenced to three years of probation in Champaign County, Illinois for burglary related to the riot.
The Champaign Police Department and the Federal Bureau of Investigation, Springfield Division, conducted the investigation in coordination with the Champaign County State’s Attorney’s Office. Supervisory Assistant U.S. Attorney Eugene L. Miller represented the government in the prosecution.
Cedar Rapids Man Sentenced to Two Years in Federal Prison for Escaping from Federal CustodyRead the Press Release
A man who escaped from custody in the Gerald R. Hinzman Center was sentenced on August 19, 2021, to two years in federal prison.
Justin Troendle, age 35, of Cedar Rapids, Iowa, received the sentence after a February 26, 2021 guilty plea to one count of escape from federal custody. At the plea hearing, Troendle admitted that, in May 2020, he was in custody at the Hinzman Center under a federal court order pursuant to his prior conviction for failure to register as a sex offender. Troendle admitted that, between May 5 and May 15, 2020, he left custody without authorization by failing to return to the Hinzman Center as required.
Troendle was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Troendle was sentenced to 24 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the United States Marshals Service, the Northern Iowa Fugitive Task Force, and the Cedar Rapids Police Department.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR 20-87.
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Casey Man Sentenced for Methamphetamine and Firearm OffensesRead the Press Release
COUNCIL BLUFFS, IOWA – A Casey man, Dale Lee Waldroupe, age 36, was sentenced on August 19, 2021, by United States District Court Judge Rebecca Goodgame Ebinger to 150 months in prison for Possession with Intent to Distribute Methamphetamine, Felon in Possession of a Firearm, and Carrying a Firearm During and in Relation to Drug Trafficking. His term of imprisonment will be followed by five years of supervised release. According to court documents, Waldroupe pleaded guilty to the methamphetamine and firearm offenses in March of 2021.
In November 2020, Waldroupe was involved in a car accident in Council Bluffs and prior to law enforcement’s arrival he fled the scene. Waldroupe was located by law enforcement a short distance from the accident and officers discovered Waldroupe possessed fifty grams of methamphetamine, a scale, and a stolen firearm.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Buffalo Man Arrested, Charged with Manufacturing Ghost GunsRead 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 Lamborghini Lucas, 33, of Buffalo, NY, was arrested and charged by criminal complaint with unlawfully manufacturing firearms. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Seth T. Molisani, who is handling the case, stated that according to the complaint, on August 6, 2021, investigators executed a New York State search warrant at the defendant’s Woodlawn Avenue residence. During the search, a loaded Polymer 80 PF940SC 9mm PMF firearm, also known as a ghost gun, was recovered under a mattress in a bedroom. An additional three Polymer 80 PF940SC 9mm PMF firearms were discovered in a laundry basket full of clothing. A box sent from “JSD Supply,” which sells gun parts kits, was located in the living room. A receipt in the box showed three “PF940SC Full build kit-Minus Frame,” Two “Polymer 80 PF940SC Black,” One “Polymer 80 PF940SC Gray” for a total of $1,259.94. Throughout the residence, investigators also located three Polymer 80 boxes, three polymer 80 jigs, rotary bits, and a power drill. A records check determined that Lucas does not have a license to manufacture or deal in firearms.
The defendant appeared at a detention hearing before U.S. Magistrate Judge Michael J. Roemer and was released on electronic monitoring.
The complaint is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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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Brazilian Citizen Who Ran Smuggling Organization Going to Prison for More Than 2 YearsRead 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 Tiago Mello-Lima, 34, a Brazilian citizen living in Canada, who was convicted of bringing aliens to the United States for commercial advantage or private financial gain, was sentenced to serve 27 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Charles Kruly, who handled the case, stated that the defendant managed and supervised a smuggling organization. Specifically, on April 28, 2019, while in Ontario, Canada, Mello-Lima and two other individuals, including co-defendant Renan Portela Bandeira De Souza, launched a boat, containing four alien passengers who were not citizens or nationals of the United States, into the Niagara River. In prior negotiations with two of the aliens, the defendant agreed to charge each alien approximately $6,000 to bring them to the United States. Mello-Lima drove the boat from Canada to the United States landing on Grand Island, NY. The four aliens disembarked, and the defendant returned the boat to a dock in Canada. Mello-Lima planned the April 28, 2019, smuggling and arranged for a U.S.-based individual to pick up the aliens on Grand Island and drive them to their final destinations in the United States. Between March 17 and July 2019, Mello-Lima smuggled or aided and abetted the smuggling of six more aliens into the United States.
Co-defendant Renan Portela Bandeira De Souza also pleaded guilty to bringing aliens to the United States for commercial advantage or private financial gain and was sentenced to serve 21 months in prison by Judge Arcara.
The sentencing is the result of an investigation by U.S. Border Patrol Buffalo Sector, under the direction of Acting Chief Patrol Agent Andrew Scharnweber, and Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly. The Justice Department’s Office of International Affairs provided substantial assistance in the extradition of the defendant from Canada to the United States in March 2020.
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Bedford Man Sentenced to 10 Years for Sexually Exploitative Images of ChildrenRead the Press Release
A Bedford man has been sentenced to 10 years in federal prison for receiving sexually explicit images of children, announced Acting U.S. Attorney Prerak Shah.
Joshua Clyde Lamb, 35, pleaded guilty in April to one count of receipt of child pornography. He was sentenced Friday by U.S. District Judge Reed C. O’Connor.
According to plea papers, Mr. Lamb admitted that he used Skype, an internet-based video teleconferencing platform, to communicate with purveyors of child pornography based in the Philippines. On one occasion, he paid $30 for a video for a 10-minute video of an adult male raping a prepubescent girl.
Homeland Security Investigations’ Dallas Field Division conducted the investigation with help from HSI’s Portland, Maine Field Division. Assistant U.S. Attorney Aisha Saleem prosecuted the case.
Bay Area Physician Charged with Possession of Child PornographyRead the Press Release
SAN FRANCISCO– Joseph Andrew Mollick was charged in a federal complaint with possession of child pornography, announced Acting United States Attorney Stephanie M. Hinds and Homeland Security Investigations (HSI) Special Agent in Charge Tatum King.
According to the federal complaint filed July 13, 2021, and unsealed today, Mollick, 58, of Menlo Park, used the social media application Kik to upload an image depicting child pornography. The complaint alleges that Mollick possessed, on his Apple icloud account, at least 2000 images and videos of child pornography.
The complaint charges Mollick with one count of possession of child pornography, in violation of 18 U.S.C. § 2252(a)(4)(B).
Mollick made his initial federal court appearance on the complaint this morning before United States Chief Magistrate Judge Joseph C. Spero. Chief Magistrate Judge Spero ordered Mollick released on an unsecured bond of $50,000 with special conditions imposed.
A complaint merely alleges that a crime has been committed. Mollick is presumed innocent until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum sentence of 20 years in prison and a $250,000 fine. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Kenneth Chambers is prosecuting the case with the assistance of Ralph Banchstubbs and Claudia Hyslop. The prosecution is the result of an investigation by HSI.
Bapchule Man Sentenced for Accessory After the Fact to Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Kyle Andrew Jose, 27, of Bapchule, Arizona, was sentenced yesterday by U.S. District Judge John J. Tuchi to nearly 8 years in prison, followed by three years of supervised release. Jose previously pleaded guilty to Accessory After the Fact to Second Degree Murder.
On March 1, 2020, Jose, an enrolled member of the Gila River Indian Community, was driving his car with his co-defendant, Brent Edwin Justin, as the front seat passenger. As Jose drove by the victim, Justin shot and killed the victim. Jose later disposed of the rifle that was used in the shooting. He also assisted Justin in trying to evade apprehension for the crime.
The Gila River Police Department and the Federal Bureau of Investigation conducted the investigation in this case. Assistant U.S. Attorney Raynette Logan, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-20-00557-PHX-JJT
RELEASE NUMBER: 2021- 052_Jose# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Baldwin County Man Sentenced to 108 Months for Possession of Ammunition During Sexual AssaultRead the Press Release
MOBILE, AL – A Robertsdale, Alabama man was sentenced today to 108 months in prison for being a felon in possession of ammunition.
According to court documents and evidence introduced at sentencing, Ronald Howard, 51, having previously been convicted of a felony offense, knowingly possessed ammunition in connection with a sexual assault and unlawful restraint. As part of the sentence, United States District Court Judge Terry F. Moorer ordered that Howard undergo three years of supervised release after finishing his term of imprisonment, during which time Howard is ordered to participate in substance abuse treatment, sexual offender treatment, refrain from contact with minors, and pay a $100 mandatory special assessment.
U.S. Attorney Sean P. Costello of the Southern District of Alabama and Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) Resident Agent in Charge Kenneth J. Fos made the announcement. ATF and the Mobile Police Department (“MPD”) investigated the case.
At Howard’s sentencing, Judge Moorer heard testimony about the indicent. On the morning of February 11, 2020, officers from MPD responded to a 911 call from a bystander who reported seeing a woman being pushed out of a silver car. When the police arrived, the female victim had a bloodied head.
The victim reported that in the early morning hours of February 11, 2020, she was approached by three people in a silver car who offered her a ride and Howard was in the back seat, where the victim was also sitting. While both were in the backseat, Howard repeatedly struck the victim in the head with a gun and sexually assaulted the victim, who reported that Howard was armed with two guns. Mobile Fire Rescue transported the victim to a hospital to receive treatment for her injuries, which included a laceration to her head that required six staples.
A few hours later, Mobile Police Department officers stopped the silver car, which matched the victim’s description. Officers took the three occupants, including Howard, into custody. Officers found the victim’s identification card in Howard’s pocket and collected Howard’s clothing as evidence. Officers located nine unfired rounds of .38 Special ammunition in Howard’s pants pocket. Subsequent forensic testing completed by the Alabama Department of Forensic Sciences (“ADFS”) revealed that the victim’s DNA (a blood stain) was on the pants that Howard was wearing on the day of the assault. The victim made a positive identification of all three persons in the silver car in a photo lineup.
During a subsequent search of the car, police found a loaded .380 caliber pistol and a loaded .38 caliber revolver. The two weapons matched the victim’s description of the firearms that Howard possessed during the assault. Police swabbed the guns for DNA testing completed by the ADFS, which later confirmed the presence of Howard’s DNA on a swabbing from the .380 caliber pistol.
Howard has pending state charges in the Circuit Court of Mobile County, Alabama for sodomy in the first degree, sexual abuse in the first degree, and assault in the second degree. The Mobile County District Attorney’s Office is prosecuting Howard’s related state offenses.
The Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case, and were assisted by the MPD Special Victims Unit, the Rape Crisis Center, USA Women’s and Children’s Hospital Sexual Assault Nurse Examiner program, the Alabama Department of Forensic Sciences, and the officers of MPD’s Third Precinct. Assistant U.S. Attorneys Sinan Kalayoglu and Beth Stepan prosecuted the case on behalf of the United States.
Assistant U.S. Attorney Receives Top Prosecutor Award from Women in Federal Law EnforcementRead 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 Assistant U.S. Attorney Meghan A. Tokash received the Top Prosecutor Award from Women in Federal Law Enforcement (WIFLE). AUSA Tokash was nominated by the Buffalo Office of Homeland Security Investigations for her tireless efforts fighting against human trafficking and advocating on behalf of victims.
AUSA Tokash was a commissioned officer and decorated Veteran in the U.S. Army where she specialized in prosecutions involving victims of sexual crimes before joining the U.S. Attorney’s Office in 2019. AUSA Tokash is head of the Special Victims Unit, which is focused on human trafficking, child exploitation and sexual assaults. She also leads the U.S. Attorney’s Office Human Trafficking Task Force, coordinating efforts of federal, state, and local law enforcement and non-governmental organizations in human trafficking investigations. One of those investigations involved defendant Valentino Shine, Sr., who was convicted following a jury trial of five counts of sex trafficking, and one count each of sex trafficking conspiracy, narcotics conspiracy, using and maintaining a drug-involved premises, and possession with intent to distribute crack cocaine, and was sentenced to serve 30 years in prison.
AUSA Tokash is currently completing a 90-day commission on President Biden's Independent Review Commission on Sexual Assault in the Military.
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Thursday 19 August 2021
“SCO” Gang Leader Sentenced to More than 20 Years in Federal Prison for Drug TraffickingRead the Press Release
PITTSBURGH, PA - A former resident of Turtle Creek, Pennsylvania, has been sentenced in federal court to 262 months’ imprisonment and 10 years’ supervised release on his conviction of narcotics trafficking, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Howard McFadden, age 31, following his February 20, 2020, guilty plea to conspiring to distribute 100 grams or more of heroin, 500 grams or more of cocaine and 280 grams or more of crack.
According to information presented to the court, in August of 2018, the Greater Pittsburgh Safe Streets Task Force, led by the FBI, began a long-term investigation in drug trafficking activity occurring in the Braddock section of Pittsburgh. McFadden, the leader of a neighborhood-based street gang, self-titled “SCO”, and over 30 additional individuals, were identified as illegally distributing controlled substances in the Greater Pittsburgh Region.
McFadden, a heroin, powder cocaine, crack and marijuana trafficker, provided large quantities of those controlled substances to other SCO members/associates to distribute into the community. During the proceeding, Judge Schwab noted that McFadden’s drug business was “carefully planned out” and “thoughtfully organized” and that as a result of his actions, over 20 other individuals were involved in the same criminal activity.
McFadden operated his drug trafficking organization by training and mentoring younger SCO members in the drug trafficking business and often employed the use of runners so that he was not the one conducting the hand-to-hand drug transactions. Even so, investigators observed McFadden conducting drug transactions in his Jeep Grand Cherokee, stash house locations as well as apartment complexes, throughout the Braddock and Penn Hills areas. The Court was informed that when McFadden was arrested, investigators searched that vehicle and found a Glock 30, .45 caliber automatic pistol, and 13 rounds of ammunition in a trap compartment on the driver’s side door along with drugs packaged to distribute. McFadden admitted that he illegally possessed that firearm since he is a convicted felon, having served a lengthy sentence in state prison for drug trafficking crimes. Investigators also seized $5,058 from his residence and $18,520 from a safety deposit box that was opened for McFadden by another individual.
McFadden’s drug trafficking operation also utilized a series of stash houses throughout Braddock, PA, which he allegedly repaired as a part of his house-flipping business called H&M Home Solutions. These stash houses, however, were strategically located throughout Braddock in an attempt to avoid law enforcement detection and used as meeting locations for McFadden and his co-conspirators to conduct their drug business. Additionally, McFadden used others – often drug addicts – and members of the conspiracy to work on the homes. Rather than pay those individuals with cash, he would give them drugs.
In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Investigators intercepted communications over multiple telephones operated by McFadden, intercepting thousands of communications, during which time he discussed his drug trafficking operation. For instance, during one call he explained that his business was “booming” – that is he would buy 2 kilograms of cocaine which he cooked and converted into crack to sell and used the proceeds to buy another kilogram when his supplier was in town. He also described looking to increase his heroin trafficking from a few hundred bricks of heroin to between 600-700 bricks every 3-4 weeks.
The Court noted that the sentence in this case, falling at the low-end of the Sentencing Guideline Range, was sufficient but not greater than necessary to achieve the goals of sentencing and tailored to the defendant’s case. To the argument that no one was hurt by McFadden’s actions, Judge Schwab stated, “I dismiss that. Drugs are killing people” and destroying families. The Court went on to urge McFadden to use the business and leadership skills that he demonstrated as a drug trafficker in a productive and law-abiding way following the service of his sentence.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the multi-agency team, which was led by the Federal Bureau of Investigation, for the investigation leading to the successful prosecution of McFadden. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies included the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (“OCDETF”) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
“Cocaine Pepe” faces up to life in prisonRead the Press Release
CORPUS CHRISTI, Texas – A 32-year-old Alice resident has entered a guilty plea to possession with intent to distribute 112 grams of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
On April 9, authorities found Jose Francisco Arredondo aka Cocaine Pepe in a vehicle with currency, drugs and a scale as well as a firearm.
Law enforcement had arrived at a local hotel in response to a potential disturbance. They soon observed a vehicle with its lights on and engine running. Arredondo was driving. As they approached, they immediately noticed a firearm in the center console. Knowing he was a convicted felon, authorities conducted a thorough search of the vehicle.
They ultimately uncovered $10,000 as well as four bags of narcotics, one with 112 grams of meth, two containing a total of 56 grams of cocaine and another with 13 grams of marijuana. Law enforcement also discovered a digital scale and a defaced firearm.
U.S. District Judge Nelva Gonzales Ramos accepted the plea and set sentencing for Nov. 17. At that time, Arredondo faces up to life in prison and a possible $10 million maximum fine. He has been and will remain in custody pending that hearing.
The Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Jim Wells County Sheriff’s Office and the Alice Police Department conducted the investigation. Assistant U.S. Attorney Christopher Marin is prosecuting the case.
Woman Charged with Carjacking A Ford Truck in Río PiedrasRead the Press Release
SAN JUAN, Puerto Rico – A federal grand jury returned an indictment charging Ruth Cintrón Valles with a carjacking in Río Piedras, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico.
According to the Government’s allegations, on August 15, 2021 around 9 PM, a man was driving a Ford E-350 truck at the intersection of Barbosa and Gándara Avenues in Río Piedras. While the car was stopped, a woman later identified as Ruth Cintrón Valles opened the driver’s door, carrying what appeared to be a firearm. The victim, fearing for his life, got out of the car. Police found the vehicle approximately 45 minutes later and arrested Ruth Cintrón Valles.
Assistant U.S. Attorney E. Giovannie Mercado of the Violent Crimes and National Security Section is in charge of the prosecution of the case. The Federal Bureau of Investigation is in charge of the investigation. If convicted, the defendant faces a sentence of up to fifteen years in prison for the carjacking.
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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Wheeling man sentenced to 10 years for drug chargesRead the Press Release
WHEELING, WEST VIRGINIA – Sylvester Eugene Walker, of Wheeling, West Virginia, was sentenced today to 120 months of incarceration for drug charges, Acting United States Attorney Randolph J. Bernard announced.
Walker, 28, pleaded guilty in May 2021 to one count of “Distribution of Cocaine Base within 1000 Feet of a Protected Location” and one count of “Distribution of Cocaine Base.” Walker admitted to selling cocaine base near Wheeling Central Catholic High School on January16, 2020 and selling cocaine base on January 20, 2020 in Ohio County.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Ohio Valley Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.