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Monday 16 August 2021
Three East Bay Men Charged with Conspiracy to Traffic FirearmsRead the Press Release
OAKLAND – A federal criminal complaint charging Troy Elias Walker, David Michael Rembert, and Daljit Kamal Singh with a conspiracy to deal firearms without a license was unsealed today, announced Acting United States Attorney Stephanie M. Hinds, Special Agent in Charge Patrick Gorman of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service, and Special Agent in Charge Wade R. Shannon of the Drug Enforcement Administration (DEA). The three defendants initially appeared last Friday, August 13, in federal court to face those charges.
According to the allegations in the complaint, ATF engaged in an investigation into unlicensed and illegal firearms trafficking conducted via Instagram and also in-person by a group of individuals, including Walker, 24 years old, and Rembert, 40 years old, who are both from Concord, and Singh, who is 27 years old and from Hercules. During the investigation, law enforcement conducted multiple undercover buys resulting in the purchase of 13 firearms and 17 Glock conversion switches, collectively. A Glock conversion switch, as the complaint describes, is a device that modifies a Glock-style pistol so that it fires multiple bullets in rapid succession by a single pull of the trigger. The complaint also alleges the undercover purchases netted commercial factory firearms as well as privately made firearms (PMFs). PMFs – colloquially referred to as “ghost guns” – are firearms made from unfinished receivers in which manufacturer’s marks and serial numbers are absent. According to the complaint, none of the defendants had a license to import, manufacture, or deal in firearms.
This case follows the launch by the U.S. Department of Justice of cross-jurisdictional strike forces in five key regions that are focused on disrupting illegal firearms trafficking. One of the five Strike Forces was launched here, in the San Francisco Greater Bay Area and Sacramento Region. The strike force identifies sources of illegally trafficked firearms and disrupts straw purchasing and firearms trafficking schemes and networks through collaborative cross-jurisdictional efforts, which include additional states and multiple law enforcement agencies.
“Collaboration with our local law enforcement partners is key to disrupting illegal firearms trafficking,” said Acting United States Attorney Stephanie M. Hinds. “Working with our partners to combat illicit firearms trafficking is and will remain a high priority in our region.”
“Illegal firearms trafficking is a primary focus of ATF and one of the most pressing problems we face today,” said ATF Special Agent in Charge Patrick Gorman. “This regional strike force is designed to disrupt such trafficking, and we will continue to work alongside our law enforcement partners to ensure crimes of this nature are investigated and prosecuted.
“Postal Inspectors are continuously working with the U.S. Attorney’s Office and our partners in law enforcement in operations just like this one to keep dangerous items out of the mail, protecting U.S. Postal Service Employees and the public we serve,” said San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service.
“Our greatest tool in combatting violent crime is to combine our diverse resources and expertise,” said DEA Special Agent in Charge Wade R. Shannon. “By leveraging our collective authorities and capabilities we underscore our commitment to the communities we serve.”
Walker, Rembert, and Singh made their initial appearances Friday, August 13, in federal court before United States Magistrate Virginia K. DeMarchi. The next appearances in the case are scheduled for Tuesday, August 17, at 1 p.m. before United States Magistrate Judge DeMarchi.
The complaint charges Walker, Rembert, and Singh with a single count of conspiracy to deal firearms without a license in violation of 18 U.S.C. §§ 371 and 922(a)(1)(A). The charge carries a maximum term of 5 years in prison and a maximum fine of $250,000. 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.
A complaint merely alleges that crimes have been committed, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
Jonathan U. Lee and Abraham Fine are the Assistant U.S. Attorneys prosecuting the case, with the assistance of Leeya Kekona and Kathleen Turner. The prosecution is the result of an investigation by ATF, DEA, the United States Postal Inspection Service, the Concord Police Department, and the Antioch Police Department.
Suburban Chicago Nursing Facility to Pay $360,000 to Resolve False Claims Act AllegationsRead the Press Release
CHICAGO — The U.S. Attorney’s Office in Chicago today announced that a suburban Chicago nursing facility has agreed to pay $360,000 to resolve civil allegations that it violated the False Claims Act by providing unnecessary and “upcoded” physical, occupational, and speech therapy services to increase Medicare payments.
A consent judgment and settlement agreement resolve allegations that, from 2008 to 2016, skilled nursing facility NORRIDGE GARDENS, of Norridge, Ill., provided medically unnecessary services to Medicare beneficiaries, first through a third-party skilled therapy vendor, Quality Therapy & Consultation Inc., formerly of Orland Park, Ill., and then through its own skilled therapy affiliate, REX THERAPEUTICS LLC, of Skokie, Ill. The allegations contend that Norridge Gardens pressured others to meet quotas for the proportion of Medicare Part A beneficiaries utilizing the highest-possible reimbursement level, known as the Resource Utilization Group (“RUG”) score, in an effort to increase Medicare payments. Norridge Gardens also allegedly claimed payment for therapy services without a physician order and other times reported that skilled therapy had been provided, when, in fact, the patients were not participating in therapy or were unable to undergo or benefit from it.
The consent judgment and settlement agreement resolve claims in two civil lawsuits filed in U.S. District Court in Chicago by a former employee of Quality Therapy and Rex Therapeutics under the qui tam, or whistleblower, provisions of the False Claims Act. The Act permits private citizens to bring lawsuits on behalf of the United States for false claims, and to share in any recovery. The United States intervened in both lawsuits prior to entry of the consent judgment and settlement agreement.
The settlement and consent judgment with Norridge Gardens and Rex Therapeutics were entered Friday in U.S. District Court in Chicago. The United States in 2019 reached a settlement with Quality Therapy and its owner, requiring them to pay $1.09 million to resolve alleged False Claims Act violations.
The civil resolutions were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorney Sarah J. North.
The public is reminded that civil allegations are accusations only, and there was no determination of liability as part of the settlement and consent judgment.
St. Paul Woman Charged in Child Sex Trafficking ConspiracyRead the Press Release
MINNEAPOLIS – A St. Paul woman has been indicted on federal sex trafficking charges for allegedly recruiting six minor victims to engage in commercial sex acts, announced Acting United States Attorney W. Anders Folk.
According to court documents, from May 2020 through December 2020, Gisela Castro Medina, 19, and co-defendant Anton Joseph Lazzaro, 30, conspired with each other and others to recruit and solicit six minor victims to engage in commercial sex acts. Castro Medina, who was arrested on August 12, 2021, in Okaloosa County, Florida, made her initial appearance earlier today before Magistrate Judge Hope T. Cannon, in U.S. District Court in Pensacola, Florida.
The indictment charges Castro Medina with one count of conspiracy to commit sex trafficking of minors, five counts of sex trafficking of minors, and one count of obstruction. Castro Medina will be transported to the District of Minnesota and will remain in custody pending further court proceedings. Co-defendant Lazzaro will remain in custody pending a formal detention hearing, which has been rescheduled for August 24, 2021.
Based on the evidence obtained in this investigation, authorities believe there may be additional victims of the alleged conduct. Anyone with information about this matter is encouraged to call the FBI Minneapolis Division at 763-569-8000.
This case is the result of a joint investigation by the FBI and the Bureau of Criminal Apprehension-led Minnesota Human Trafficking Investigators Task Force, with assistance from the Minneapolis Police Department, the West Hennepin Public Safety Department, and the Wright County Sheriff’s Office.
Assistant U.S. Attorneys Angela M. Munoz, Emily A. Polachek, and Laura M. Provinzino are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Six Men Indicted for Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – ERIC RODRIGUEZ, QUAN LEWIS, CHRIS HABISREITINGER, GREG TRAHAN, TRAVIS GIBSON and RYAN MOREAU were charged on August 13, 2021 in a 7-count superseding indictment by a Federal Grand Jury with narcotics trafficking offenses, including conspiring to distribute and possess with intent to distribute 500 grams or more of methamphetamine, announced U.S. Attorney Duane A. Evans.
The defendants distributed large amounts of methamphetamine throughout Jefferson Parish and surrounding areas for over a year.
If convicted, RODRIGUEZ and LEWIS face a mandatory minimum term of imprisonment of ten (10) years and a maximum of life imprisonment, a fine of up to $10,000,000.00, and at least five (5) years of supervised release following any term of imprisonment. They also face a $100 mandatory special assessment for each count in which they are charged.
GIBSON and MOREAU face a mandatory minimum term of imprisonment of five (5) years and a maximum of life imprisonment, a fine of up to $5,000,000.00, and at least four (4) years of supervised release following any term of imprisonment. They also face a $100 mandatory special assessment for each count in which they are charged.
HABISREITINGER and TRAHAN face up to twenty (20) years imprisonment, a fine of up to $1,000,000.00, and at least three (3) years of supervised release following any term of imprisonment. They also face a $100 mandatory special assessment for each count in which they are charged.
U.S. Attorney Evans reiterated that the superseding indictment is merely a charging document and that the defendants’ guilt must be proven beyond a reasonable doubt.
This case was investigated by the U.S. Drug Enforcement Administration, Jefferson Parish Sheriff’s Office, Kenner Police Department, Orleans Parish Criminal Sheriff’s Office, New Orleans Police Department, and St. John Parish Sheriff’s Office. The prosecution is being handled by Assistant United States Attorneys Nolan Paige, André Jones, and Melissa Bücher.
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Shreveport Man Serving State Probation Found with Loaded Firearm to Spend Time in Federal PrisonRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Charlie Dion London, 28, of Shreveport, Louisiana, was sentenced today by Chief United States District Judge S. Maurice Hicks, Jr. to 30 months in prison, followed by 3 years of supervised release, on a firearms violation.
London pleaded guilty on March 30, 2021 to being a convicted felon in possession of a firearm. According to information presented to the court at his guilty plea hearing, Louisiana State Troopers observed a driver in a vehicle on Mansfield Road in Shreveport with an obstructed license plate on May 5, 2020. Troopers attempted to stop the vehicle, but the driver and sole occupant of the vehicle, later determined to be London, refused to stop. A chase ensued and eventually the vehicle was apprehended. During a search of the vehicle, Troopers found a loaded firearm under the driver’s seat with a round in the chamber, along with marijuana and small digital scale.
As an individual having previously been convicted of a felony, London knew he was prohibited from possessing the firearm. His prior felony convictions are for simple burglary of an inhabited dwelling (2012), and attempted possession of a firearm by a convicted felon (2019).
The ATF and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick prosecuted the case.
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. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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San Diego Resident Sentenced for Firearms ChargesRead the Press Release
Assistant U. S. Attorneys Timothy F. Salel and Jonathan Shapiro 619-546-8225
NEWS RELEASE SUMMARY – August 16, 2021
SAN DIEGO – Grey Zamudio, a San Diego resident who has expressed racist and violent extremist sentiments on social media, was sentenced in federal court today to 24 months in custody for possessing a short barrel rifle and two silencers, none of which was registered as required by law.
Zamudio pleaded guilty on December 1, 2020, to all three counts of possession of an unregistered rifle with a barrel of less than 16 inches and two unregistered silencers in violation of the National Firearms Registration and Transfer Act.
As the government noted at Zamudio’s detention hearing in this matter, “There are really no legitimate uses for silencers, other than to kill people. They are not used in hunting. They are not used for recreation purposes.”
The government’s sentencing memorandum notes that the circumstances of Zamudio’s crimes underscore the danger that he continues to pose to the public. The memo said Zamudio is motivated by a violent ideology and appears eager to commit acts of violence against Black people, liberals and others. The FBI was alerted to Zamudio by a tipster who viewed his social media posts, which included statements about “the need for ‘vigilante militias’” and “to crush the liberal terrorists” and that Zamudio was “ready to die” for his beliefs. These statements, together with the allegation that Zamudio had multiple firearms, were apparently so alarming that they led the tipster to share this information with the FBI, which then led to further investigation, including court authorization to search Zamudio’s telephone.
“This defendant has demonstrated a very troubling violent ideology, an intent to harm people, a lack of remorse, and a willingness to illegally possess firearms,” said Acting U.S. Attorney Randy Grossman. “For these reasons, he continues to pose a threat to public safety.” Grossman commended the work of prosecutors Timothy F. Salel and Jonathan I. Shapiro as well as the Joint Terrorism Task Force, including FBI and ATF agents and San Diego Police Department detectives and officers who worked on this matter. Grossman also urged anyone with information about similar threats made on social media to report it to authorities.
According to the complaint, on August 1, 2020, agents executed federal court-authorized search warrants on Zamudio’s apartment and truck. During the search of the apartment, agents seized two silencers and the short barrel rifle. As the FBI executed the court-authorized search, the San Diego Police Department served Zamudio with a California State Gun Violence Restraining Order (“GVRO”) based on recent threats of violence in numerous social media posts by Zamudio. Pursuant to the GVRO, the San Diego Police Department (SDPD) seized another rifle (in addition to the short barrel rifle seized by the agents), two pistols, a large number of magazines, and several hundred to several thousand rounds of ammunition.
The sentencing memo said Zamudio’s text messages provide a window into his motivations and intentions. In one text dated June 5, 2020, Zamudio apparently boasted about getting ’to pull my Glock on a n**** (racial epithet) last Thurs...” On July 30, 2020, two days before his arrest in this matter, Zamudio posted a screenshot of a Tweet in which he stated, “They trying to dox me lol. I’m really hoping to get to kill someone finally.’” A couple of weeks earlier, on June 13, 2020, the Zamudio texted, “Tomorrow they gunna riot in la mesa again, wanna join the Patriots an smash on some BLM?”
The review of the Zamudio’s phone led to the prosecution of Cody Richard Griggers, now a former deputy sheriff in Georgia. Zamudio and Griggers exchanged messages on a Facebook group. In one exchange, Griggers indicated his desire to use his status as a law enforcement officer to get flashbangs and entry charges, and Zamudio responded, “’yeah I’ll pay big money for bang and boom . . . I’m ready to terrorize la.”
Violent ideology and illegal firearms are a dangerous combination. According to the sentencing memo, in a January 19, 2019, response to texts about how to improve the country, Zamudio wrote, “Assassinate the bad politians (sic), i feel as though we are protected under the Constitution to do so.”
“Mr. Zamudio's violent, threatening posts on social media led to serious concern for the safety of those who wished to exercise their first amendment right of peaceful protest, and I'm proud we were able to intervene so quickly,” said FBI Special Agent in Charge Suzanne Turner. “Thanks to a tip from the public, the San Diego FBI's Joint Terrorism Task Force mitigated the threat within 72 hours. The FBI and our law enforcement partners will use all available tools to detect and disrupt threats which put our communities in danger. This case demonstrates the importance of the public immediately reporting any suspicious activity or threats they encounter to enable law enforcement to act quickly.”
“This investigation is a great example of cooperation between law enforcement agencies to keep our communities safe,” said San Diego Police Chief David Nisleit. “I want to thank the officers, detectives, and agents who worked together on this case to prevent a potential act of gun violence.”
SUMMARY OF CHARGES Case Number 20CR2451
Grey Zamudio Age: 33
Title 26, United States Code, Sections 5861(d), 5845(a)(3), 5845(a)(7), and 5871 – Receipt and Possession of Firearms (One Short Barrel Rifle and Two Silencers) in Violation of the National Firearms
Registration and Transfer Act
Maximum Penalty: Ten years in prison, $250,000 fine
INVESTIGATING AGENCIES
Joint Terrorism Task Force
Federal Bureau of Investigation
Bureau of Alcohol, Tobacco, Firearms and Explosives
San Diego Police Department
Rocky Mount Man Sentenced to 120 Months for Armed RobberyRead the Press Release
NEW BERN, N.C. – A Rocky Mount man was sentenced today to 120 months in prison for robbing a convenience store at gunpoint. On May 6, 2020, Irvin Fields pled guilty to Count 1 of the Indictment, which charged Interference With Commerce by Robbery, in violation of 18 U.S.C. § 1951.
According to court documents and other information presented in court, Fields, 42, robbed the West Mount Food Mart in Rocky Mount on May 10, 2016. After entering the store, Fields brandished a large revolver and pressed it into the side of the lone store clerk. Fields demanded money and threatened to “pop” the victim clerk. Fields fled with $478 cash from the register. The store clerk called 911 and law enforcement quickly located Fields’ vehicle at a nearby intersection and observed the firearm being thrown from the vehicle. The victim clerk positively identified Fields.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and Nash County Sheriff’s Office (NCSO) investigated the case and Assistant U.S. Attorneys Charity Wilson and Bryan Stephany prosecuted the case.
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. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
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. 5:20-CR-00155-FL.
Riverview Man Sentenced to Prison for Smuggling More Than $49,000 in CashRead the Press Release
Orlando, FL – U.S. District Judge Roy B. Dalton, Jr. today sentenced Kadeem Jamal Roman (23, Riverview) to 10 months in federal prison followed by 1 year of supervised release for bulk cash smuggling. The court also ordered Roman to forfeit $49,519, which is traceable to proceeds of the offense.
Roman had pleaded guilty on May 24, 2021.
According to court documents, on November 3, 2020, at Orlando International Airport, officers with U.S. Customs and Border Protection (CBP) inspected one of Roman’s checked bags and discovered a small, clear plastic, vacuum-sealed bag containing a green leafy substance, which appeared to be marijuana. The CBP officers proceeded to the jet bridge to conduct an interview with Roman, who was already onboard a flight destined for Montego Bay, Jamaica. Roman was asked to exit the aircraft with his carry-on bags. Roman failed to retrieve all of his belongings and was escorted back on the plane to retrieve his backpack. Roman advised that he was traveling with approximately $9,000 in U.S. currency and provided a written declaration declaring approximately $8,000 to $9,000 in U.S. currency. The CBP agents verified that Roman was traveling with $9,519 in U.S. currency. Thereafter officers inspected Roman’s backpack which contained two large magazines with some unusually thick and stiff pages. A more detailed examination of the magazines revealed that some of the pages were glued together. Once the pages were peeled open, the officers found carbon paper with U.S. currency secreted inside. Both magazines yielded eight bundles of $2,500 in U.S. currency, totaling $40,000. In total, CBP seized $49,519 in cash from Roman.
“HSI special agents, along with U.S Customs and Border Protection Officers, remain committed to combatting currency smuggling, illicit value transfer and cross-border crimes that seek to undermine our financial systems,” said HSI Orlando Assistant Special Agent in Charge David Pezzutti.
This case was investigated by Homeland Security Investigations and U.S. Customs and Border Protection. It was prosecuted by Assistant United States Attorneys Beatriz Gonzalez and Emily Chang.
Queens Man Pleads Guilty to Posting Threats to Kill Members of Congress and Illegally Possessing AmmunitionRead the Press Release
Earlier today, in federal court in Brooklyn, Eduard Florea pleaded guilty before United States Chief Magistrate Judge Cheryl L. Pollak to one count of transmitting threats to injure and one count of possessing ammunition after having been convicted of a felony. When sentenced, Florea faces up to 15 years in prison.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, and Jacqueline Maguire, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the guilty plea.
“With today’s guilty plea, Florea admits to threatening the life of a successful candidate for the U.S. Senate and to urging others to take up arms to unleash violence at the Capitol on January 6, 2021 to thwart the results of the Presidential election.” stated Acting U.S. Attorney Kasulis. “This Office is deeply committed to protecting our democratic institutions and to using all available tools to preserve the public safety, uphold the rule of law and support the peaceful transfer of power.”
As set forth in the court filings and today’s proceeding, Florea posted threatening statements online about killing elected officials, including now-United States Senator Raphael Warnock and committing other acts of violence in Washington, D.C. in connection with the certification of the results of the 2020 Presidential Election. For example, on January 5, 2021, at approximately 8:40 p.m., Florea posted, “We need to all come to an agreement . . . and go armed . . . and really take back Washington.” A few minutes later, Florea posted, “Tomorrow may very [well] be the day war kicks off . . .” At 11:53 p.m. the same day, Florea posted, “Warnock is going to have a hard time casting votes for communist policies when he’s swinging with the f***ing fish.” In the early morning hours of January 6, 2021, at approximately 12:42 a.m., Florea referenced Senator Warnock and stated, “Dead men can’t pass sh*t laws . . .”
On January 6, 2021, after the assault on the United States Capitol had begun, Florea posted that he intended to travel to Washington, D.C. as part of a group armed with firearms ready to engage in additional violence. Between approximately 2:00 p.m. and 6:00 p.m.—while the Capitol was under siege—Florea posted the following messages, among others:
- “Mine are ready….I am ready…. we need to regroup outside of DC and attack from all sides… talking to some other guys….I will keep watching for the signal.”
- “I am awaiting my orders…armed and ready to deploy….”
- “Guns cleaned loaded . . . got a bunch of guys all armed and ready to deploy . . . we are just waiting for the word”
- “There 3 car full of armed patriots heading in from NY….”
- “Me and some guys are gearing up to head in. . . . where are you . . . 3 cars already are enroute . . . .all armed.”
- “It’s time to unleash some violence.”
On January 12, 2021, FBI Special Agents and Task Force Officers with the New York Joint Terrorism Task Force executed a search warrant at Florea’s home in Middle Village, Queens. The search revealed that Florea, who had been previously convicted of a New York state firearms-related felony, illegally possessed more than 1,000 rounds of ammunition.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Francisco J. Navarro and Andrew P. Wenzel are in charge of the prosecution.
The Defendant:
EDUARD FLOREA
Age: 41
Queens, New YorkE.D.N.Y. Docket No. 21-CR-037 (EK)
Providence Man Charged in Fraud Scheme Targeting Food Suppliers and Local Businesses, Assaulting Federal AgentsRead the Press Release
PROVIDENCE, R.I. – A Providence man arrested nine days after he allegedly eluded arrest by ramming federal law enforcement vehicles, nearly running down an FBI agent and task force officer in the process, was ordered detained in federal custody today on charges he allegedly executed a scheme to defraud local businesses, including a number of well-known businesses, of more than $831,000, and that he allegedly assaulted federal law enforcement agents, announced Acting United States Attorney Richard B. Myrus.
It is alleged in court documents that Paul Diogenes, a/k/a Paul Dejullio, 49, created a fictitious catering company, listing his alias as president, in order to obtain credit from food distributors to purchase more than $831,769 in product, including hundreds of thousands of dollars’ worth of lobster, sea bass, shrimp, scallops, filet, rib eye steak, and wild boar.
Diogenes is also alleged to have used stolen identities and banking information from several well-known businesses and restaurants to obtain funds to pay for some of these products. Court documents allege that Diogenes then resold much of the fraudulently obtained food products, in some instances to the same businesses whose banking information he allegedly used to pay food suppliers.
On August 3, 2021, armed with an arrest warrant for Diogenes, FBI agents task force officers, and Rhode Island State Police surveilled Diogenes and followed him as he drove into a parking lot behind an East Providence business. As agents and officers converged to effect his arrest, Diogenes allegedly placed his car in reverse and rammed it into an FBI task force vehicle, with a task force officer and State Police trooper still inside. Diogenes then drove the vehicle forward towards an FBI agent who had to quickly jump out of the way to avoid being hit. Diogenes proceeded to ram his car into a delivery van parked nearby, before driving toward a second FBI vehicle, narrowly missing a Providence Police officer assigned to the task force who had just exited the vehicle moments before. Using a gap he had created by ramming the law enforcement vehicles, Diogenes proceeded to drive off and elude arrest.
Diogenes, who was believed to be carrying more than $100,000, remained a fugitive for nine days, allegedly moving from one hotel to the next using various false names. He was apprehended at a hotel in Middleborough, MA.
Diogenes appeared today before U.S. District Court Magistrate Judge Patricia A. Sullivan on criminal complaints charging him with wire fraud, aggravated identity theft, and felony assault of a federal officer.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The cases are being prosecuted by Assistant U.S Attorney Lee H. Vilker.
Diogenes’s alleged fraud was investigated by the FBI’s Rhode Island Complex Financial Crimes Task Force, with the assistance of Rhode Island State Police and the Providence, Woonsocket, East Providence, Bourne, and Fall River Police Departments.
The search for Diogenes after eluding arresting agents and officers was conducted by the FBI and the Rhode Island and Massachusetts U.S. Marshals Violent Fugitive Task Forces.
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Plattsmouth Man Sentenced to 25 Years for Distributing Child PornographyRead the Press Release
Acting United States Attorney Jan W. Sharp announced that Juan Burnell, age 34, of Plattsmouth, Nebraska, was sentenced in federal court on Friday, August 13, 2021, in Omaha, Nebraska. Chief United States District Judge Robert F. Rossiter sentenced Burnell to 25 years of imprisonment for distributing child pornography. After completing his term of imprisonment, Burnell will begin a 15-year term of supervised release.
On June 20, 2020, Burnell used his Instagram account to upload an image of child pornography to the internet. On October 13, 2020, law enforcement obtained the contents of Burnell’s Google account. The Google account contained five videos of child pornography. Burnell was already a registered sex offender and had been convicted of assault with intent to commit sexual abuse in Benton County, Iowa (2005) and third degree sexual assault of a child in Buffalo County, Nebraska (2011). In imposing the sentence, Chief Judge Rossiter stated that Burnell was “a danger to our children.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by 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.
The case was investigated by the Nebraska State Patrol.
Parent in College Admissions Case Pleads GuiltyRead the Press Release
BOSTON – The former chief executive of a California-based media company pleaded guilty in connection with her involvement in the college admissions case.
Elisabeth Kimmel, 57, of La Jolla, Calif., pleaded guilty to one count of conspiracy to commit mail and wire fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Dec. 9, 2021.
Kimmel agreed with William “Rick” Singer and others to pay $275,000 to facilitate her daughter’s admission to Georgetown University by allegedly having Georgetown tennis coach Gordon Ernst allocate a tennis admission slot to her daughter, even though she was not a competitive tennis player and was not actually being recruited to play on the Georgetown tennis team. Kimmel further agreed with Singer and others to pay $250,000 to facilitate her son’s admission to the University of Southern California as a pole vault recruit, even though he was not a pole vaulter.
Kimmel is the 32nd parent to plead guilty in the case. Singer previously pleaded guilty and is pending sentencing. Ernst has pleaded not guilty and is presumed innocent.
Under the terms of Kimmel’s plea agreement, the parties have agreed to a sentence of six weeks in prison and two years of supervised release, with the first year spent in home confinement. Should the Court accept the plea, Kimmel will also be required to pay a $250,000 fine and perform 500 hours of community service.
The charge of conspiracy to commit mail and wire fraud provides for a sentence of up 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Case information, including the status of each defendant, are available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Mark Deckett, Resident Agent in Charge of the Department of Education, Office of Inspector General made the announcement today. Assistant U.S. Attorneys Justin D. O’Connell, Leslie A. Wright, Kristen A. Kearney, Ian J. Stearns, and Stephen E. Frank of Mendell’s Securities, Financial and Cyber Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Nurse Practitioner Charged in Alleged $2.3 Million Health Care Fraud SchemeRead the Press Release
PROVIDENCE, R.I. – A registered nurse and nurse practitioner who allegedly billed and received more than $2.3 million dollars from commercial health insurers and Medicaid for services he falsely claimed to have performed on patients in Rhode Island, New York, and Florida is in federal custody in Florida and will be brought to Rhode Island to face health care fraud, mail fraud, and money laundering charges, announced Acting United States Attorney Richard B. Myrus.
It is alleged in an indictment returned by a federal grand jury in Rhode Island on August 6, 2021, that among his schemes, Alexander E. Istomin, 55, of Florida, routinely submitted claims for health insurance payments for in-person patient services he claimed to have performed in East Greenwich, New York, and Florida, but that investigators determined were at times when Istomin was actually in another state or out of the country. In other instances, Istomin allegedly billed insurance companies and Medicare for services he claimed to have provided to patients who themselves were out of state or out of the country at the time.
It is alleged in the indictment that as part of the scheme Istomin waived copayments for some Medicare patients despite being aware that waiving copayments is prohibited by Medicare. By waiving copayments they otherwise would be responsible for, Istomin induced his patients not to report his fraudulent billing to Medicare.
According to information presented to the court, no patient services were provided at Istomin’s East Greenwich business, Rhode Island Diagnostic Center, or his New York office. Neither office is equipped to provide patient care. It is alleged that Istomin rented and used the East Greenwich office space in name only for billing purposes and to receive insurance payments made payable to his Rhode Island business.
The indictment alleges that since February 2014, in Rhode Island, the Eastern District of New York, the Southern District of Florida, and elsewhere, Istomin fraudulently billed and received approximately $2,309,468.16 from commercial health insurers and Medicare for services he did not provide to patients. The indictment charges Istomin with health care fraud, eight counts of mail fraud, and money laundering.
The government has moved in the indictment that, upon a conviction for health care fraud and mail fraud, Istomin shall forfeit to the United States any and all interest in any property, real or personal, from proceeds traceable to his alleged criminal fraudulent activity, totaling $2,309,468.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Istomin was arrested on August 11, 2021, in Ft. Lauderdale, Florida, by agents from the U.S. Department of Health and Human Services, Office of Inspector General, and the FBI.
The case is being prosecuted by Assistant U.S. Attorney Dulce Donovan, with the Assistance of Assistant U.S. Attorney Mary Rogers.
The matter was investigated the U.S. Department of Health and Human Services, Office of Inspector General, and the FBI.
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Norton Man Sentenced in $499,000 Unemployment Fraud SchemeRead the Press Release
ABINGDON, Va. – A Norton, Virginia man was sentenced today to 27 months in prison for conspiring with others to defraud the government of more than $499,000 and to commit mail fraud.
According to court documents, Jeremy Short, 26, waived his right to be indicted and pleaded guilty to one count of conspiring to defraud the United States and one count of conspiracy to commit mail fraud with respect to benefits authorized and paid in connection with a presidentially declared major disaster or emergency.
Short participated in a conspiracy to commit fraud against the United States in connection with a scheme involving the filing of fraudulent claims for pandemic unemployment benefits.
According to court documents, Short, and others, conspired to collect personal identification information of more than 35 co-conspirators, including 15 inmates in the custody of the Virginia Department of Corrections, and to file fraudulent claims of pandemic-related unemployment benefits.
Over the course of nine months, the conspiracy filed fraudulent claims for at least 37 individuals, with a total actual loss to the United States of at least $499,000.
Acting United States Attorney Daniel P. Bubar of the Western District of Virginia, Darrell J. Waldon, IRS-CI Acting Special Agent in Charge of the Washington DC Field Office, and Syreeta Scott, Acting Special Agent-in-Charge, Philadelphia Region, U. S. Department of Labor Office of Inspector General announced the sentence today.
The Department of Labor Office of the Inspector General and the Internal Revenue Service – Criminal Investigation, the Norton Police Department, and the Russell County Sheriff’s Office investigated the case.
Assistant United States Attorney Daniel J. Murphy prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form .
Northern Nevada Man Sentenced to 15 Years in Prison for Distribution of Child PornographyRead the Press Release
RENO, Nev. – A Fernley man — who used various encrypted messaging applications and numerous online aliases to conceal his identity and avoid detection by law enforcement — was sentenced today to 15 years in prison for distributing images of young children engaged in sexually explicit conduct.
According to court documents, Benjamin D. Morrow, 36, used encrypted messaging applications, numerous online aliases, and various email addresses — including foreign email service providers — to send unsolicited emails to approximately 182 recipients. Those unsolicited emails contained images of the sadistic and masochistic sexual abuse of children under 12 years old. A forensic analysis of seized devices belonging to Morrow revealed 119,371 images and 4,945 videos of child pornography.
Morrow pleaded guilty in April 2021 to two counts of distribution of child pornography. In addition to imprisonment, Chief U.S. District Judge Miranda M. Du sentenced Morrow to a lifetime term of supervised release.
Acting U.S. Attorney Christopher Chiou for the District of Nevada and Special Agent in Charge Aaron C. Rouse for the FBI made the announcement.
This case was a joint investigation by the FBI, Nevada Attorney General’s Office, Washoe County Sherriff’s Office, Lyon County Sherriff’s Office, Reno Police Department, Carson City Sherriff’s Office, and the Naval Criminal Investigative Service. Assistant U.S. Attorney Andolyn Johnson prosecuted the case.
The 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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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 and for information about internet safety education, please visit www.justice.gov/psc.
If you know of a child who may have been a victim of exploitation, please contact the National Center for Missing & Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at https://www.missingkids.org/HOME.
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North Carolina Man and Woman Charged with Child Sex Trafficking in Myrtle Beach AreaRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart, announced today that Johnny Thomas, 34, of Durham, NC, and Becca Mills, 25, of Whispering Pines, NC, have been charged in a criminal complaint for their roles in alleged child sex trafficking and coercion and enticement of minors in the Myrtle Beach area of South Carolina.
According to Court records, Thomas and Mills posted commercial sex ads for minors and took the minors to locations in Fayetteville, NC, and Myrtle Beach, where the minors engaged in commercial sexual encounters with other individuals. Mills also participated in many of the sexual encounters, and Thomas engaged in sexual acts with one of the minors on at least two occasions in Fayetteville, NC, and Myrtle Beach.
Court records also reflect that Mills told one of the minors that if the minor did what she was told, Thomas would not hurt her. According to the complaint, Thomas told one of the minors numerous times that if she did not perform commercial sex acts, he would sell her to someone worse who would chain her up to a bed, shoot her full of heroin, and do bad things to her such as slice off her toes and body parts.
Both Defendants face a maximum penalty of life.
The case is being investigated by Homeland Security Investigations (HSI), the Rockingham Police Department, and the Myrtle Beach Police Department. Assistant United States Attorneys Derek A. Shoemake and Lauren Hummel and Special Assistant United States Attorney Scott Hixson are prosecuting the case. The case was originally prosecuted by the Solicitor’s Office for the Fifteenth Judicial Circuit, and will be federally prosecuted as part of a collaborative effort by federal and state partners in the Myrtle Beach area to combat sex trafficking and child exploitation.
The case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
Acting United States Attorney DeHart stated that all charges in criminal complaints are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
If you or someone you know may have information relevant to this investigation, please call the HSI Tipline at 1-866-347-3423.
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New Jersey Man Sentenced to 41 Months in Prison for Embezzling Money from Law FirmRead the Press Release
WASHINGTON – Andrew Robertson, 54, of Harrison, N.J., formerly of the Washington, D.C., metropolitan area, was sentenced today to 41 months in prison for embezzling hundreds of thousands of dollars from an international law firm with offices in Washington, D.C., and Northern Virginia, among other locations.
The sentencing was announced by Acting U.S. Attorney Channing D. Phillips, Matthew R. Stohler, Special Agent in Charge of the U.S. Secret Service’s Washington Field Office, and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Robertson pleaded guilty in April 2021 to one count of mail fraud. He was sentenced in the U.S. District Court for the District of Columbia by the Honorable Colleen Kollar-Kotelly. Following his prison term, Robertson will be placed on three years of supervised release. The judge also ordered Robertson to pay $425,000 in forfeiture.
According to the government’s evidence, Robertson was employed by the law firm as an office manager of the Washington, D.C., and Northern Virginia offices. Between February 2017 and November 2018, he used his firm-issued corporate credit card to make $425,000 in unauthorized personal purchases from retailers, unauthorized payments of personal expenses, and unauthorized payments to his own personal PayPal account.
Robertson attempted to cover up these unauthorized transactions by creating and submitting fraudulent invoices and accounting classifications to the law firm’s billing department to make it seem as though these expenditures were for legitimate law firm purposes, when, in fact, he knew that these expenditures were solely for his own personal benefit.
In announcing the sentencing, Acting U.S. Attorney Phillips, Special Agent in Charge Stohler, and Chief Contee commended the work of those who investigated the case from the Secret Service’s Washington Field Office and the Metropolitan Police Department. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Amanda Rohde and Assistant U.S. Attorney Kate Rakoczy, who prosecuted the matter.
Michigan man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Khorion Williams, of Highland Park, Michigan, was sentenced today to 46 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Williams, 22, pleaded guilty in April 2021 to one count of “Conspiracy to Violate Federal Firearms Laws.” Williams admitted to working with others to illegally purchase firearms in May 2018 in Monongalia County.
Assistant U.S. Attorney Christopher L. Bauer prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Long-time Fugitive, Self-proclaimed Offshore Gambling Operator Sentenced to 48 Months in Prison for Wire Fraud and PerjuryRead the Press Release
Miami, Florida – On Friday, a federal district judge in West Palm Beach sentenced a Boca Raton resident who was on the lam for 15 years to 48 months in prison for duping victims into sending him money to open offshore or Las Vegas casino gambling accounts, which he never did. The judge also ordered the defendant to pay over $600,000 in restitution to his victims.
From 1999 through July 2004, Randy Craig Levine, 54, operated three internet web sites, www.baseballpicks.net, www.nflfootballpicks.tv and www.nbabasket-ballpicks.net, out of his home in Highland Beach, Florida. Levine registered the web sites’ domains and paid for their web hosting using a shell corporation, Pacific Oriental. Through these web sites, Levine purported to provide sports betting tips to individuals who registered with these websites or who called a telephone number listed on the website. Levine told the individuals that if they sent funds to him, he would use the money to open an offshore or Las Vegas casino gambling account. Levine used aliases and fake accents while talking to victims on the telephone. He also played a casino floor recording to make it sound as if he were calling from a casino. Although Levine received money from his victims, Levine never opened the promised gambling accounts. Instead, he used the victims’ monies for personal gain. In this manner, Levine defrauded more than 25 victims.
During the course of the investigation, and after his passport had been seized by law enforcement, Levine applied for and received a replacement passport, which he used to flee the United States in 2005. In 2008, Levine, while using an alias, was arrested in Poland. While on release pending extradition, Levine fled Polish authorities and was not located again until May 2020, in Austria, when Austrian authorities identified him using facial recognition while Levine attempted to open a bank account using another alias. Almost 15 years after he fled the United States, Levine was arrested in June 2020 in Austria and surrendered to the United States in October 2020.
On May 17, 2021, Levine pled guilty in federal district court in West Palm Beach, Florida to a federal wire fraud and perjury charges.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced sentence.
FBI West Palm Beach investigated this case. Assistant U.S. Attorneys Robin Waugh and Stephanie Evans prosecuted the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case numbers 05-cr-80089 and 07-cr-80128.
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Logan County Man Sentenced to Seven Years in Prison for Distributing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – A Logan County man was sentenced today to 84 months in federal prison for distribution of methamphetamine.
According to court documents, Terrindez Xsidrick Bryant, 37, sold approximately 25.5 grams of methamphetamine to an individual at a residence in Verdunville on June 24, 2019.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the West Virginia State Police and the Violent Crime and Drug Task Force West.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00244.
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Kentucky woman sentenced to federal prison for aiding and abetting witness tampering in case involving murder of her ex-son-in-lawRead the Press Release
DAYTON – A Burlington, Kentucky, woman was sentenced in U.S. District Court to 70 months in prison for aiding and abetting her daughter in intimidating a witness after the murder of her ex-son-in-law.
Chandra Harmon, 57, admitted in January 2021 to aiding and abetting the intimidation of a witness after the August 2017 murder of Robert Caldwell. Harmon and her daughter, Tawnney Caldwell, attempted to prevent the witness from providing testimony to law enforcement about weapons provided to a co-defendant.
According to court documents, around 6pm on Aug. 15, 2017, Robert Caldwell and his three minor children left a counseling appointment in Riverside, Ohio. While crossing the parking lot, Robert Caldwell was shot multiple times by an assailant in front of his children and died at the scene. The assailant was later identified as co-defendant Sterling Roberts.
Tawnney Caldwell is the ex-wife of the murder victim and was the girlfriend of Sterling Roberts at the time of the incident. Chandra Harmon is Tawnney Caldwell’s mother and previous mother-in-law to Robert Caldwell.
Tawnney Caldwell and the murder victim had an ongoing dispute regarding the custody of their children and Tawnney Caldwell had talked to Sterling Roberts on at least two occasions (while Roberts was incarcerated in Montgomery County) about killing Robert Caldwell.
Sterling Roberts; his brothers, Chance Deakin and Christopher Roberts; Chandra Harmon (Tawnney’s mother); and James Harmon (Tawnney’s step-father) collaborated to plan, execute and cover-up the violent crime resulting in the death of Robert Caldwell.
Tawnney Caldwell was sentenced in July to 35 years in prison for interstate stalking resulting in death, and Sterling Roberts awaits trial.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio, Chris Hoffman, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; Riverside Police Chief Frank Robinson and Sugarcreek Township Police Chief Michael Brown announced the sentence imposed today by Senior U.S. District Judge Thomas M. Rose. Assistant United States Attorneys Amy M. Smith, Sheila G. Lafferty and Kevin Koller are representing the United States in this case.
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Justice Department Settles Lawsuit Alleging Disability-Based Discrimination in Residential Rental Properties in North DakotaRead the Press Release
The Department of Justice announced today that Hampton Corporation Inc. and several related individuals and entities have agreed to settle a federal lawsuit alleging that they violated the Fair Housing Act (FHA) and Americans with Disabilities Act (ADA) by failing to design and construct apartment complexes and a rental office in North Dakota so they are accessible to people with disabilities. The Department of Justice previously resolved claims against the architect and engineer involved in the design of one of the four apartment complexes at issue in the lawsuit.
“For over 30 years, the Fair Housing Act has required that new housing complexes be accessible to individuals with disabilities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “By requiring modifications to the properties, this settlement will reduce substantial barriers faced by people with disabilities in their own homes and will advance the Fair Housing Act’s promise of housing that is accessible for all.”
“Our U.S. Attorney’s Office and the Department of Justice are committed to fighting discriminatory treatment in housing,” said Acting U.S. Attorney Nicholas W. Chase for the District of North Dakota. “We hope that this enforcement action and others like it will serve as a deterrent to developers, architects and engineers everywhere that they cannot cut corners by ignoring longstanding accessibility requirements. Our office’s Civil Rights Coordinator in our Civil Division, AUSA Tara Iversen, along with Paralegal Specialist Michelle Erdmann, teamed with talented trial attorneys from the Department of Justice’s Housing and Civil Enforcement Section to produce a great result for persons with disabilities in North Dakota and the region.”
Today’s settlement, which must be approved by the U.S. District Court for the District of North Dakota, resolves a lawsuit the department filed in March 2020. The lawsuit alleged that significant physical accessibility barriers existed at four apartment complexes and a rental office designed and constructed by Hampton Corporation Inc.; Daniel Stauss; Scott Stauss; Steeple Apts LLC; HDD Inc.; and Times Square Townhomes II Inc.
Under the terms of the settlement, the defendants must correct inaccessible features in the common areas of the properties and within the individual units, including: removing steps; replacing steeply-sloped walkways; adding accessible routes to mailboxes and site arrival points; ensuring that obstacles do not protrude into the circulation path; installing lever handles on doors; widening doorways; retrofitting bathrooms so they are accessible for wheelchair users; and relocating outlets and controls to within a wheelchair user’s reach range. The defendants must also attend fair housing training, contribute $100,000 to a settlement fund (which, combined with the department’s earlier settlement with the architect and engineer, brings the settlement fund total to $120,000) for people who suffered harm due to the lack of accessible features at the properties, pay a civil penalty of $5,000 to the United States, and ensure that any future housing they design or construct complies with the FHA.
The properties with alleged violations are the following:
- Townhomes at Charleswood, located at 1908 Burlington Drive in West Fargo, North Dakota;
- Steeples Apartments, located at 2850 and 2950 36th Avenue South in Grand Forks, North Dakota;
- South Hampton Townhomes, located at 3174, 3274 and 3374 36th Avenue South in Grand Forks, North Dakota;
- Carrington Court Townhouse Apartments, located at 3383 Primrose Court in Grand Forks, North Dakota; and
- The rental office serving Carrington Court Townhouse Apartments, South Hampton Townhomes, and Steeples Apartments, located at 3001 36th Avenue South in Grand Forks, North Dakota.
The Justice Department, through the U.S. Attorney’s Offices and the Civil Rights Division, enforces the Fair Housing Act, which prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Among other protections, the FHA requires that multifamily housing buildings with four or more units constructed after March 13, 1991, have basic physical accessibility features, including, among other things, accessible routes without steps to all single-story, ground-floor units and to all units in a building served by an elevator. The ADA protects individuals with disabilities from discrimination in public accommodations, including the rental office at issue in this case. The full and fair enforcement of the FHA, the ADA, and their mandates to integrate individuals with disabilities are major priorities of the Civil Rights Division.
Individuals who believe they or someone they know may have had difficulty due to the inaccessible conditions at any of these properties, either when they or someone associated with them lived there or considered living there, should contact the Department of Justice at 1-800-896-7743, ext. 9994. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected], or submit a report online at www.civilrights.justice.gov.
Jury Convicts Hampton Woman on Heroin and Money Laundering ChargesRead the Press Release
NEWPORT NEWS, Va. – On Friday, a federal jury convicted a Hampton woman on charges of conspiracy to distribute and possession with intent to distribute heroin, and conspiracy to commit money laundering.
“The jury’s verdict holds the defendant accountable for participating in a multi-year conspiracy to distribute large quantities of dangerous opioids and laundering the proceeds of this serious crime,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We are grateful to the trial team and everyone who worked with our Office to secure justice in this case on behalf of the community.”
According to court records and evidence presented at trial, between January 2014 and May 2017, Contessa Williams, 45, conspired with others to distribute, and possess with intent to distribute, over 1,000 grams of heroin and launder drug proceeds. Her then-boyfriend, Tracy Hall, 46, of Norfolk, previously pleaded guilty to being the leader in the drug conspiracy and has been attributed with distributing at least 50 kilograms of heroin for total claimed profit of $1.5 million.
Williams’ primary role in the conspiracy was to assist Hall in retrieving, laundering, and spending drug proceeds. Williams deposited drug proceeds in her personal bank accounts and used drug money to start a liquor store in Georgia. After Hall was arrested on state drug charges in early 2016, Williams collected drug proceeds at his direction and otherwise relayed his directives to other co-conspirators responsible for selling drugs on the Peninsula.
Williams faces a mandatory minimum of 10 years in prison and a maximum of life in prison when sentenced on December 9. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Washington, D.C.; and Kenneth Mark Talbot, Chief of Hampton Police, made the announcement after U.S. District Judge Roderick C. Young accepted the verdict.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorneys Eric M. Hurt and D. Mack Coleman are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-19.
Joint Law Enforcement Investigation Leads to the Indictment of 25 Defendants on Federal Drug and Gun ChargesRead the Press Release
ASHEVILLE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that a multi-agency investigation into methamphetamine trafficking and illegal firearm possession in Western North Carolina has led to federal drug and gun charges filed against 25 individuals.
On Sunday, August 15, 2021, teams of federal, state and local law enforcement arrested 19 of those charged. Two additional defendants currently in state custody will be transferred to federal custody to face their charges. Four defendants have not been arrested yet.
In making today’s announcement, Acting U.S. Attorney Stetzer commended the Drug Enforcement Administration (DEA) in Asheville, the Bureau of Alcohol, Tobacco Firearms and Explosives (ATF), the North Carolina State Bureau of Investigation, the Haywood County Sheriff’s Office, the Swain County Sheriff’s Office, the Jackson County Sheriff’s Office, the Buncombe County Sheriff’s Office, the Waynesville Police Department, the Maggie Valley Police Department, and the Canton Police Department for their investigative efforts which led to the federal charges and arrests. Acting U.S. Attorney Stetzer also thanked the U.S. Marshals Service, the Bureau of Indian Affairs, the North Carolina Department of Public Safety Division of Community Corrections, the McDowell County Sheriff’s Office, the Henderson County Sheriff’s Office, the Madison County Sheriff’s Office, the Rutherford County Sheriff’s Office, and the Asheville Police Department for their invaluable assistance in effectuating the arrests.
The criminal indictments, which were returned by a grand jury on August 3, 2021, and were unsealed today in federal court, are the result of a coordinated yearlong joint law enforcement investigation into drug trafficking activity and illegal firearm possession in and around Buncombe, Jackson, and Haywood Counties. Over the course of the investigation, which began in April 2020 and wrapped up in May 2021, law enforcement seized methamphetamine, more than a dozen illegally possessed firearms, various types of ammunition, and more than $12,000 in drug proceeds.
The first criminal indictment charges 23 defendants with conspiracy to distribute and to possess with intent to distribute methamphetamine. Of those charged, some face additional drug and/or firearms offenses (see chart below for list of federal charges for each defendant and maximum statutory penalties). The 23 individuals named in the indictment are:
- Rebecca Lynn Barker, 49, of Clyde, N.C. (arrested)
- Robert Allan Burnette, 59, of Canton, N.C. (arrested)
- Angela Vance Carver, 47, of Canton, N.C. (arrested)
- Derek Michael Cluff, 23, of Waynesville, N.C. (arrested)
- Marcus Brandon Cobaugh, 29, of Canton, N.C. (arrested)
- Lindsay Nicole Cobb, 27, of Burke County, N.C. (not arrested yet)
- David Hunter Creson, 26, of Waynesville, N.C. (arrested)
- William Joseph Craig, 43, of Candler, N.C. (arrested)
- Arthur Shane Douville, 31, of Waynesville, N.C. (arrested)
- Jaime Gamez, 38, of Canton, N.C. (arrested)
- Justin Caroll Gibson, 28, of McDowell County, N.C. (arrested)
- Jane Ivison Gill, 43, of Blythewood, S.C. (arrested)
- Sarah Jane Gill, 22, of Blythewood, S.C. (arrested)
- Roberto Illerma Ibarra, 39, of Norcross, Georgia (not arrested yet)
- Elizabeth Gabrielle Mann, 28, of Canton, N.C. (arrested)
- Jose Andres Martinez, 25, of Waynesville, N.C. (in state custody)
- Keith Allen McMahan, 37, of Waynesville, N.C. (not arrested yet)
- Nicholas Ray Miller, 33, of Canton, N.C. (arrested)
- Ryan Warren Muster, 27, of Sylva, N.C. (in state custody)
- Kelly Woodrow Ross, 60, of Waynesville, N.C. (arrested)
- Richard Anthony Swanger, 48, of Clyde, N.C. (arrested)
- Christy Helen Trull, 33, of Canton, N.C. (arrested)
- Michael Kevin Vanlandingham, 61, of Canton, N.C. (arrested)
A second criminal indictment resulting from the investigation charges Joseph Daniel Perry, 30, of Candler, N.C. with two counts of distribution of methamphetamine. Perry has not been arrested yet. Daniel Guadalupe Martinez, 23, of Waynesville, N.C. is also charged separately with possession of an unregistered firearm and two counts of possession of a firearm by a convicted felon via a third indictment. Martinez was arrested on Sunday.
The defendants apprehended during the round up remain in federal custody, following their initial court appearance today in Asheville before U.S. Magistrate Judge W. Carleton Metcalf.
The charges contained in the indictments are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Thomas Kent of the U.S. Attorney’s Office in Asheville is leading the prosecution.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles criminal organizations using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Case No. 1:21-cr-70
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
1) REBECCA LYNN BARKER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
24
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
25
Possession of Firearms in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
2) ROBERT ALLAN BURNETTE a/k/a “Mater”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
5
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
6
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
7
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
3) ANGELA VANCE CARVER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
5
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
27
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
4) DEREK MICHAEL CLUFF
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
17
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
5) MARCUS BRANDON COBAUGH
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
31
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
6) LINDSAY NICOLE COBB a/k/a “Lou”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
7) DAVID HUNTER CRESON
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
26
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
8) WILLIAM JOSEPH CRAIG a/k/a “Joey”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
DEFENDANT
COUNTY
CHARGE
STATUTORY PENALTIES
5
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
8
Distribution of a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
13
Distribution of a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
14
Distribution of a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
15
Distribution of a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
16
Distribution of a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
27
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
38
Possession with Intent to Distribute a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
9) ARTHUR SHANE DOUVILLE
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
28
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
10) JAIME GAMEZ
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
2
Possession with Intent to Distribute a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
12
Possession with Intent to Distribute a Controlled Substance
Maximum of 30 years imprisonment; maximum fine of $2,000,000; and at least 6 years of supervised release
18
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $8,000,000; and at least 8 years of supervised release
11) JUSTIN CAROL GIBSON a/k/a “Baby Face”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
9
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
10
Possession of Firearms in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
11
Being a Felon in Possession of Firearms and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
12) JANE IVISON GILL
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
22
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
24
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
13) SARAH JANE GILL
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
26
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
14) ROBERTO ILLERMA IBARRA a/k/a “Chico”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
28
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
15) ELIZABETH GABRIELLE MANN a/k/a “Gabby”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
31
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
16) JOSE ANDRES MARTINEZ a/k/a “Andy”
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
30
Being a Felon in Possession of a Firearm and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 15 years imprisonment; maximum of Life imprisonment; maximum fine of $20,000,000; and at least 10 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
33
Possession of a Firearm in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
34
Being a Felon in Possession of a Firearm and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
17) KEITH ALLEN McMAHAN
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
28
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
18) NICHOLAS RAY MILLER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
35
Being a Felon in Possession of a Firearm and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
36
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
37
Being a Felon in Possession of Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
19) RYAN WARREN MUSTER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
4
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
29
Distribution of a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
20) KELLY WOODROW ROSS
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
3
Possession with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
21) RICHARD ANTHONY SWANGER
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
19
Possession with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
20
Possession of Firearms in Furtherance of a Drug Trafficking Crime
Mandatory minimum of 5 years imprisonment (consecutive to the sentence on a drug count); maximum fine of $250,000; and maximum of 5 years of supervised release
23
Possession with Intent to Distribute a Controlled Substance
Maximum of 20 years imprisonment; maximum fine of $1,000,000; and at least 3 years of supervised release
22) CHRISTY HELEN TRULL
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
27
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
32
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 10 years imprisonment; maximum of Life imprisonment; maximum fine of $10,000,000; and at least 5 years of supervised release
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
23) MICHAEL KEVIN VANLANDINGHAM
1
Conspiracy to Distribute and to Possess with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
21
Possession with Intent to Distribute a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
Case No. 1:21-cr-71
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
DANIEL GUADALUPE MARTINEZ
1
Being a Felon in Possession of a Firearm
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
2
Being a Felon in Possession of Firearms and Ammunition
Maximum of 10 years imprisonment; maximum fine of $250,000; and maximum of 3 years of supervised release
3
Possession of an Unregistered Firearm
Maximum of 10 years imprisonment; maximum fine of $10,000; and maximum of 3 years of supervised release
Case No. 1:21-cr-72
DEFENDANT
COUNT
CHARGE
STATUTORY PENALTIES
JOSEPH DANIEL PERRY
1
Distribution of a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
2
Distribution of a Controlled Substance
Mandatory minimum of 5 years imprisonment; maximum of 40 years imprisonment; maximum fine of $5,000,000; and at least 4 years of supervised release
Illinois Attorney Found Guilty of Bankruptcy FraudRead the Press Release
ROCKFORD — An Illinois attorney whose practice included bankruptcy law has been found guilty of bankruptcy fraud charges following a two-week jury trial in federal court in Rockford.
KEVIN O. JOHNSON, also known as “K.O. Johnson,” 55, of Sycamore, Ill., was convicted Friday on four counts of bankruptcy fraud, one count of making a false entry in a document in a bankruptcy proceeding, one count of withholding records from the Bankruptcy Trustee, and one count of concealment of property consisting of account receivables belonging to the bankruptcy estate. The charges related to Johnson’s Chapter 7 bankruptcy proceeding initiated on Dec. 31, 2011.
Sentencing is set for Nov. 22, 2021, at 11:00 a.m. Each charge carries a maximum sentence of five years in federal prison and a fine of up to $250,000 or twice the gross gain or gross loss resulting from the offense, whichever is greater. The actual sentence will be determined by the U.S. District Court, guided by the U.S. sentencing guidelines.
The guilty verdict was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; and Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI. The government is represented by Assistant U.S. Attorneys Matthew Schneider, Michael Love, and Michael Beckman.
Huntington Man Sentenced to Five Years in Federal Prison for Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man was sentenced today to five years in federal prison for a gun crime. Tyson Davis, Sr., 42, previously pleaded guilty to possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, law enforcement officers executed a search warrant at a 9th Avenue residence in Huntington on April 17, 2019 and recovered a loaded Glock 23 .40 caliber pistol from under the couch cushion on which Davis was seated. During the search of the residence, officers also located distribution amounts of a heroin and fentanyl mixture and methamphetamine. Later in a Mirandized interview, Davis admitted to possessing the firearm.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Huntington Violent Crime Drug Task Force and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorneys Ryan A. Keefe and R. Gregory McVey handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00140.
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Huntington Felon Sentenced to Prison for Possessing FirearmRead the Press Release
HUNTINGTON, W.Va. - A Huntington man, Aubrey Gardner, 28, was sentenced today to total of 40 months in prison for being a felon in possession of a firearm and for committing the offense while he was on federal supervised release.
According to court documents, Gardner previously admitted that on February 8, 2021, he was a passenger in a vehicle that officers with the Huntington Police Department pulled over in the 2800 block of 8th Avenue in Huntington. The officers found a firearm in the waistband of Gardner’s pants. Gardner was prohibited from possessing a firearm under federal law because of a 2018 conviction in the Southern District of West Virginia for possession with intent to distribute heroin.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Stephanie S. Taylor prosecuted the case on behalf of the Government.
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.
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 Nos. 3:21-cr-00049 and 3:18-cr-00055.
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Hartford Man Admits Recording His Sexual Abuse of Minor for Nearly 3 YearsRead the Press Release
Leonard C. Boyle, Acting United States Attorney for the District of Connecticut, announced that ROBERTO ACOSTA TORRES, 61, of Hartford, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to producing child pornography.
According to court documents and statements made in court, between April 2016 and February 2019, Acosta Torres coerced a minor to engage in sexually explicit conduct with him and videorecorded the sexual abuse. On December 18, 2019, law enforcement executed a search warrant at Acosta’s Hartford residence and seized numerous electronic and storage devices. Analysis of the seized items revealed at least 18 videos of Acosta Torres sexually abusing the minor victim, and hundreds of videos of other adults and children engaged in sexually explicit conduct.
Judge Arterton scheduled sentencing for November 9, 2021, at which time Acosta Torres faces a mandatory minimum term of imprisonment of 15 years and a maximum term of imprisonment of 30 years.
Acosta Torres has been detained since his arrest on December 18, 2019.
This matter is being investigated by Homeland Security Investigations (HSI), the Hartford and Manchester Police Departments, and the Connecticut Center for Digital Investigations (CDI). The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Taylor M. Washington, of Clarksburg, West Virginia, has admitted to a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Washington, 29, pleaded guilty today to one count of “Unlawful Possession of Firearm.” Washington, a person prohibited from having firearms because of a prior conviction, admitted to having a .22LR caliber semi-automatic rifle in July 2020 in Harrison County.
Washington faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, & Explosives and the Bridgeport Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Goldsboro Drug Trafficker Involved in a Shootout in Night Club Parking Lot Sentenced to 118 Months in Federal PrisonRead the Press Release
NEW BERN, N.C. – DiTwan Davis, 26, of Goldsboro North Carolina, was sentenced on August 12, 2021 to 118 months in prison for Possession of a firearm by a Convicted Felon and Conspiracy to Distribute and Possess with the Intent to Distribute a quantity of methamphetamine.
According to court documents, evidence presented in court, and other documents, on May 11, 2019, Goldsboro Police Officers responded to a shooting at Morgan’s Night Club in Goldsboro. Based upon the investigation, Davis discharged a firearm at someone in the parking lot. Davis then attempted to flee the scene by driving away. A Wayne County Sheriff’s Deputy working an off-duty assignment attempted to stop Davis. Davis accelerated the car at the officer who was forced to discharge his weapon at the car. Davis struck the officer and then ran over a person who was leaving the Night Club. This person sustained serious injuries. Davis continued to drive at a high rate of speed and ultimately lost control of the car and wrecked. Law enforcement arrested Davis and recovered the firearm from the car. Davis had previously been convicted of a felony and was prohibited from possessing a firearm.
Law enforcement had been investigating a drug trafficking organization which was involved in distributing methamphetamine in Goldsboro and Duplin County. During June and July 2019, Davis had been present when law enforcement made two controlled purchases of methamphetamine from a residence on Dale Street in Goldsboro. On July 3, 2019, Davis and another person were arrested in the Family Dollar parking lot in Duplin County when they attempted to deliver approximately 4 ounces of methamphetamine. Davis was acting as security for the organization.
The investigation was part of OCDETF Operation Fighting Jellyfish. An Organized Crime Drug Enforcement Task Force (OCDETF) is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets. This OCDETF focuses on a Multi-State Drug Trafficking Organization and Gang Activity associated with Narcotics distribution which has been responsible for acts of violence and the distribution of hundreds of pounds of methamphetamine throughout the United States.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Bureau of Alcohol, Tobacco and Firearms, the Drug Enforcement Administration, the Craven, Duplin, New Hanover, Pamlico and Wayne County Sheriff’s Offices and the Goldsboro Police Department investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-cr-00139-FL-3.
Four Men Charged with Abducting Man from Camden Street and Holding Him for RansomRead the Press Release
CAMDEN, N.J. – Four men were arrested Aug. 14, 2021, for their alleged roles in abducting a man from a Camden street, beating him and then holding him captive while trying to extort $100,000 from the victim’s family, Acting U.S. Attorney Rachael A. Honig announced.
Melvin Severino, 25, of Scranton, Pennsylvania; Welber Antonio Jesus, 24, and Yoandry Rodriguez, 21, both of Camden; and Cesar Alexander Batista Alcantara, 23, of Yonkers, New York, were each charged by complaint with kidnapping. The defendants are scheduled to appear before U.S. Magistrate Judge Sharon A. King in Camden federal court on Aug. 17, 2021.
According to documents filed in this case:
The victim was walking down a street in Camden on the night of Aug. 12, 2021, when at least two individuals approached him from behind, covered his head, assaulted him and put him into a vehicle. The assailants drove the victim to a Camden residence where they restrained him and continued to beat him with a hard object the victim could not see. After several hours, the kidnappers removed the head covering and took photographs and video footage of the bloodied and beaten victim with the victim’s cell phone. The kidnappers sent those images to the victim’s family, and threatened to kill the victim if family members did not pay them over $100,000. In the early morning hours of Aug. 14, 2021, the FBI, working in partnership with local law enforcement in New Jersey and New York, located the victim and all four defendants in a Camden residence. The FBI apprehended the defendants and took the victim to Cooper University Hospital for medical treatment.
The kidnapping charge carries a statutory maximum penalty of life imprisonment and a maximum fine of $250,000.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Acting Special Agent in Charge Bradley S. Benavides in Philadelphia and Assistant Director in Charge Michael J. Driscoll in New York; officers of the Camden County Police Department, under the direction of Police Chief Gabriel Rodriguez; detectives of the New York City Police Department, under the direction of Commissioner Dermot Shea; and the Camden County Sheriff’s Office under the direction of Sheriff Gilbert L. “Whip” Wilson with the investigation leading to the charges.
The government is represented by Molly S. Lorber, Attorney in Charge of the Camden Office.
The charge and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent until proven guilty.
Foreign Exchange Student Coordinator Sentenced to over 27 Years in PrisonRead the Press Release
COUNCIL BLUFFS, IA – A Council Bluffs man was sentenced Thursday, August 12, 2021, by United States District Court Judge Stephanie M. Rose to 327 months in prison for Coercion and Enticement of minor foreign exchange students. According to court documents, Thomas Donald Boatright, age 52, pleaded guilty to the offenses in February 2021. His prison term will be followed by 10 years of supervised release. Boatright was ordered to pay restitution to the minor victims.
Boatright worked as a foreign exchange student coordinator and host parent for a program where students from other countries enrolled in a year of high school in the United States. The students were assigned a host family to live with while they attended high school. In February 2020, a report was made by a foreign student after visiting Boatright’s residence. The student reported that a hidden camera was discovered in the bathroom. Boatright had two minor foreign students living with him as part of the exchange program. A search warrant of Boatright’s residence recovered numerous electronic devices. A forensic examination discovered numerous videos of three minor foreign exchange students in the bathroom of Boatright’s home. An investigation unveiled that Boatright used his cellular phone and computer to engage in conversations with the foreign students prior to and after arriving in the United States that were sexual in nature. Boatright used his position as a foreign exchange student coordinator and host parent to coerce and entice foreign students to engage in sexual activity after they arrived in the United States.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This case was investigated by the Council Bluffs Police Department, Iowa Division of Criminal Investigation - Internet Crimes Against Children Task Force, Federal Bureau of Investigation, and the United States Secret Service National Computer Forensics Institute provided computer forensic training and equipment.
Florida Woman Convicted of Damaging Her Former Employer’s Computers After She Was FiredRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict today against MEDGHYNE CALONGE, on one count of intentionally causing damage to a protected computer, and one count of accessing a protected computer and recklessly causing damage. Both counts relate to CALONGE’s deletion of tens of thousands of human resources records of her former employer (“Employer-1”). U.S. District Judge Gregory H. Woods presided over the six-day trial.
U.S. Attorney Audrey Strauss said: “As a unanimous jury found today, Medghyne Calonge intentionally and maliciously caused severe damage to the computers of her former employer. Her actions wiped out information vitally important to the employer company, and cost the company money and time to repair. Now Calonge awaits sentencing for her crimes.”
According to the Indictment and the evidence at trial:
In January 2019, CALONGE was hired by Employer-1, a Manhattan-based online provider of professional services, to serve as the head of human resources in their St. Petersburg, Florida, office. On June 28, 2019, CALONGE was terminated for failing to meet the minimum requirements of her job after, among other things, she improperly downgraded a colleague’s access to a computer system following an argument with the colleague.
While she was being terminated, and just before she was escorted from the building, CALONGE was observed by two employees of Employee-1 repeatedly hitting the delete key on her desktop computer. Several hours later, CALONGE logged into a system (“System-1”) used by Employer‑1 to receive and manage applications for employment with the company, which the company had invested two years and over $100,000 to build. During the next two days, CALONGE rampaged through System-1, deleting over 17,000 job applications and resumes, and leaving messages with profanities inside the system. Ultimately, CALONGE completely destroyed all of Employer-1’s data in System-1. Employer-1 subsequently spent over $100,000 to investigate and respond to the incident and to rebuild System-1. To this day, Employer-1 has been unable to recover all of its data.
* * *
CALONGE, 41, of Tampa, Florida, was convicted of one count of intentionally damaging computers, which carries a maximum prison term of 10 years, and one count of recklessly damaging computers, which carries a maximum prison term of five years.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding work of the Federal Bureau of Investigation.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Timothy V. Capozzi and Louis A. Pellegrino are in charge of the prosecution.
Federal Court Bars Florida Tax Preparation Businesses and Their Tax Return Preparers from Preparing Tax ReturnsRead the Press Release
A federal court in the Southern District of Florida, West Palm Beach Division, has permanently enjoined four Palm Beach-area tax return preparers from preparing federal income tax returns for others and from owning or operating any tax return business in the future.
In issuing an injunction against Marcus Alty; Jeanait Mathurin; Prestige Tax Services Inc. (dba Just Tax Services LLC); and Excellent Tax Services “LLC” (dba Excellent Tax Services), the court found that the defendants prepared tax returns making false or fraudulent claims for the American Opportunity Tax Credit and Earned Income Tax Credit, often based on fabricated business income and expenses. The order further holds that the defendants prepared returns that falsely claimed fuel tax credits and that reported false education expenses. The civil complaint filed against the defendants alleged that their fraudulent activities resulted in a loss to the Treasury of over $5 million.
The injunctions against defendants were entered by default: according to the order against them, Alty, Mathurin, and Prestige Tax Services failed to appear in the action, while Excellent Tax Services filed an answer but otherwise failed to participate in the litigation. The court also ordered a 90-day discovery period to allow the United States to determine the appropriate disgorgement amount for the ill-gotten gains that defendants received for the preparation of tax returns containing falsely reported items.
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’s’ 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. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
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.
FCC Allenwood Inmates Charged with Possession of ContrabandRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced that John Townsend, age 40, and Geraldo Rodriguez Diaz, age 27, inmates at the United States Federal Correctional Institution, Allenwood (FCC Allenwood), White Deer, Pennsylvania, were charged in a criminal information on August 10, 2021, for possessing contraband in prison.
According to Acting United States Attorney Bruce D. Brandler, the criminal information alleges that Townsend and Rodriguez Diaz were each found in possession of cellular telephones on May 10, 2021.
The charges stem from an investigation by officers at FCC Allenwood and the Federal Bureau of Investigation. Assistant United States Attorney Alisan V. Martin is prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The defendants face a maximum of one year of incarceration and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Drug Trafficker Involved in the Importation of Cocaine from Connecticut to New Hanover and Brunswick Counties Sentenced to More Than 10 Years in Federal PrisonRead the Press Release
NEW BERN, N.C. – Marcus Robinson, 45, of Winnabow, North Carolina, was sentenced on August 13, 2021 to 128 months in prison for Conspiracy to Distribute and Possess with the Intent to Distribute 280 grams or more of Crack Cocaine and 500 grams or more of Cocaine and Possess with the Intent to Distribute 280 grams or more of Crack Cocaine and 500 grams or more of Cocaine.
According to court documents, evidence presented in court and other documents, on April 17, 2018, a New Hanover County Sheriff’s Deputy conducted a traffic stop on a car that Robinson was a passenger. Following a K-9 alert on the car for the presence of narcotics, law enforcement found more than 6 ounces of cocaine and 2 ounces of crack cocaine underneath the hood of the car. Law enforcement uncovered that ROBINSON was bringing the drugs from New Haven, Connecticut to New Hanover County. The investigation was able to establish that Robinson had delivered more than a kilogram of cocaine and crack cocaine combined from November 2017 until his arrest in April to Eastern North Carolina.
The investigation was part of OCDETF Operation Angry Penguins. An Organized Crime Drug Enforcement Task Force (OCDETF) is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets. This OCDETF focuses on a Multi-State Drug Trafficking Organization and Gang Activity distributing large amounts of heroin and cocaine into Eastern North Carolina.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge Louise W. Flanagan. The Federal Bureau of Investigation, New Hanover County Sheriff’s Office and the Holly Ridge and Wilmington Police Departments investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:18-cr-00103-FL.
Dominican National Pleads Guilty to Making False Statements and Illegal ReentryRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Boston in connection with making false statements in an application for a replacement Social Security card and illegal reentry.
Francis Yohan Mateo Guerrero, 29, a Dominican national formerly residing in Lawrence, pleaded guilty to one count of making a materially false statement and one count of illegal reentry of a previously deported alien. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Jan. 5, 2022. Mateo Guerrero was indicted in December 2020.
In August 2017, Mateo Guerrero applied for a Massachusetts driver’s license by submitting the name of a U.S. citizen from Puerto Rico and that individual’s Social Security card as proof of identity. In March 2019, prior to this case being resolved, Mateo Guerrero was deported to the Dominican Republic. In December 2020, Mateo Guerrero illegally returned to the United States and was arrested. He was subsequently charged with, and also pleaded guilty today to, illegal reentry.
The charge of making materially false statements provides for a sentence of up to five years in prison, up to three years of supervised release and a fine of up to $250,000. The charge of illegal reentry provides for a sentence of up to two years in prison, one year of supervised release and a fine of $250,000. Mateo Guerrero will be subject to deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Todd Lyons, Field Office Director of Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement (ICE) Boston made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Mendell’s Major Crimes Unit is prosecuting the case.
Detroit man admits to his role in a drug conspiracyRead the Press Release
CLARKSBURG, WEST VIRGINIA – Doriawn Eduane-Draphel Rogers, of Detroit, Michigan, has admitted to his role in a drug trafficking conspiracy, Acting United States Attorney Randolph J. Bernard announced.
Rogers, 21, pleaded guilty today to one count of “Possession with Intent to Distribute Heroin and Fentanyl in Proximity to a Protected Location.” Rogers admitted to distributing heroin and fentanyl near Fairmont Senior High School and Fairmont State University in August 2020.
Rogers faces at least one and up 40 years of incarceration and a fine of up to $2,000,. 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 Brandon S. Flower is prosecuting the case on behalf of the government. The Three Rivers Drug Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Cumberland County Man Admits Methamphetamine DistributionRead the Press Release
CAMDEN, N.J. – A Cumberland County, New Jersey, man today admitted his role in a conspiracy to distribute methamphetamine, Acting U.S. Attorney Rachael A. Honig announced.
Joan Benitez, 41, of Millville, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with one count of conspiracy to distribute and possess with intent to distribute at least 50 grams of methamphetamine.
According to documents filed in this case and statements made in court:
On numerous occasions between Jan. 22, 2020, and Sept. 9, 2020, Benitez sold crystalized methamphetamine, also called “ice,” as part of a conspiracy to distribute those drugs. Benitez distributed approximately 1.7 kilograms of “ice” in furtherance of the conspiracy.
The count of conspiracy to which Benitez pleaded guilty is punishable by a maximum sentenced of life in prison and a maximum $10 million fine. Sentencing is scheduled for Dec. 20, 2021.
Acting U.S. Attorney Honig credited special agents of the FBI of the Newark Field Office, Atlantic City Resident Agency, under the direction of Special Agent in Charge George M. Crouch Jr., with the investigation leading to today’s guilty plea. She also thanked the New Jersey State Police, the Drug Enforcement Administration, Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Atlantic County Prosecutor’s Office, the Atlantic County Sheriff’s Office, the Pleasantville Police Department, and the Atlantic City Police Department, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Andrew Johns of the Criminal Division in Camden.
Council Bluffs Man Sentenced to Prison for Possession of Child PornographyRead the Press Release
COUNCIL BLUFFS, IA – A Council Bluffs man was sentenced Thursday, August 12, 2021, by United States District Court Judge Stephanie M. Rose to 121 months in prison for Possession of Child Pornography. His term of imprisonment will be followed by 10 years of supervised release. According to court documents, Cody Goodwin Taylor, age 31, of Council Bluffs, pleaded guilty to Possession of Child Pornography in April 2021.
In July 2020, a cybertip was received by Council Bluffs Police Department that numerous images of suspected child pornography had been uploaded to a Google drive account. While CBPD was investigating the cybertip, they received a report that Taylor’s cellular phone contained child pornography. A search warrant was executed on Taylor’s cell phone and a forensic analysis discovered over one hundred photos and videos of child pornography.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department investigated the case and the United States Secret Service National Computer Forensics Institute provided computer forensic training and equipment.
Council Bluffs Man Sentenced to Prison for Firearm OffenseRead the Press Release
COUNCIL BLUFFS, IA – A Council Bluffs man, Dylan Michael Joseph Hoffman, age 30, was sentenced on Thursday, August 12, 2021, by United States District Court Judge Stephanie M. Rose to 63 months in prison for Prohibited Person in Possession of a Firearm. His term of imprisonment will be followed with three years of supervised release. According to court documents, Hoffman pleaded guilty to the offense in March of 2021.
Acting United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Council Bluffs Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Convicted Felon Twice Caught in Possession of Unlawful Items Sentenced to over Five Years in PrisonRead the Press Release
A convicted felon who was found with a firearm magazine on one day and a firearm for that magazine nine days later was sentenced on August 12, 2021, to more than five years in federal prison.
Mar’yo Doyuan Lindsey, age 26, from Waterloo, Iowa, received the prison term after a March 18, 2021 guilty plea to one count of possession of a firearm as a felon.
In a plea agreement, Lindsey admitted he was in a vehicle on July 3, 2020, when the Iowa State Patrol stopped the vehicle for speeding. Lindsey was a front seat passenger and had a baggie of marijuana protruding from in his pants pocket. The trooper searched the vehicle and found a high-capacity magazine loaded with ammunition for a Canik firearm. Later, on July 12, 2020, the Waterloo Police Department Violent Crime Apprehension team were conducting an unrelated firearms investigation and found Lindsey in a car in possession of a loaded Canik firearm that fit the magazine seized days earlier.
Lindsey was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Lindsey was sentenced to 70 months’ imprisonment, and must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Lindsey is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Waterloo Police Department, the Iowa State Patrol and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2049.
Follow us on Twitter @USAO_NDIA.
Convicted Felon Sentenced for Federal Firearms OffensesRead the Press Release
BOSTON – A Templeton man was sentenced today in federal court in Worcester for federal firearms offenses.
John Shaw, 32, was sentenced by U.S. District Court Judge Timothy S. Hillman to 21 months in prison and three years of supervised release. In September 2020, Shaw pleaded guilty to one count of being a felon in possession of ammunition and one count of unlawful possession of a firearm not identified by serial number.
During a search at Shaw’s residence on Sept. 24, 2019, an AR-15 short-barreled rifle that did not bear a serial number, over 50 rounds of .22 Long Rifle caliber ammunition, 27 rounds of .357 Sig caliber ammunition, 10 expended brass cartridge cases and one complete round of 30-06 ammunition were seized. Shaw was previously convicted in Winchendon District Court of breaking and entering in the night with intent to commit a felony and assault and battery with a dangerous weapon. As a previously convicted felon, Shaw is prohibited from possessing a firearm and ammunition.
Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Ashburnham Police Chief Lorring Barrett, Jr.; Worcester Police Chief Steven M. Sargent; and Hopkinton Police Chief Joseph Bennett made the announcement today. Assistant U.S. Attorneys Kristen Noto and Michelle L. Dineen Jerrett of Mendell’s Worcester Branch Office prosecuted the case.
Cleveland, Ohio Man Charged with Producing Files Depicting the Sexual Victimization of Children and Extorting 11-Year-Old Female to Send Sexually Explicit DepictionsRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that JAVAN BAILEY, age 19, a resident of Cleveland, Ohio, was charged on August 13, 2021 by a federal grand jury sitting in the Eastern District of Louisiana in a two-count Indictment with producing images and videos depicting the sexual exploitation of an eleven-year-old female, Victim 1, in violation of 18 U.S.C. ' 2251(a), and transmitting interstate threats for the purpose of extorting a thing of value, in violation of Title 18, United States Code, Section 875(d). Specifically, BAILEY is alleged to have extorted Victim 1 into sending him additional sexually explicit depictions by threatening to “expose” Victim 1 by sending prior depictions of Victim 1 to her family members.
BAILEY faces a mandatory minimum term of imprisonment of fifteen (15) years and a maximum term of imprisonment of thirty-two (32) years. BAILEY also faces up to a lifetime of supervised release and $250,000 fine. He must also pay a mandatory special assessment cost of $100 for each count. BAILEY can be required to register as a sex offender.
U. S. Attorney Evans reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
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Charleston Man Pleads Guilty to Distributing FentanylRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty to distributing fentanyl.
According to court documents, Brian Vineyard, 49, sold approximately 3.5 grams of fentanyl to a confidential informant in exchange for $450 on September 9, 2020.
Vineyard pleaded guilty to distribution of fentanyl and faces up to 20 years in prison when he is sentenced on November 17, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Metropolitan Drug Enforcement Network Team (MDENT) and the Kanawha County Sheriff’s Department.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Monica D. Coleman is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00106.
Central Coast Man Sentenced to 15 Years in Federal Prison for Receiving and Sending Child Pornography, Some Involving ToddlersRead the Press Release
LOS ANGELES – A San Luis Obispo County man was sentenced today to 15 years in federal prison after pleading guilty to two child pornography offenses and admitting that some of images in his collection depicted the sexual abuse of very young victims.
James Davolt, 53, of Templeton, was sentenced after pleading guilty on June 4 to receipt of child pornography and distribution of child pornography.
United States District Judge Virginia A. Phillips imposed the 180-month sentence and further ordered that, once he completes his sentence, Davolt be under supervised release for the rest of his life.
When he pleaded guilty, Davolt admitted that he used email to receive and share child pornography. When special agents with the FBI examined his computers and email accounts, they uncovered approximately 738 images and 204 videos depicting child pornography, including videos involving the sexual abuse of toddlers and infants.
In seeking a 15-year sentence, prosecutors argued that some of images depicted children under the age of 2 being used for sexual acts, and other images portrayed sadistic or masochistic sexual conduct involving children.
In addition to the images and videos, FBI agents discover chat messages, some dating back to 2009, in which Davolt chatted with women in the Philippines and not only “explicitly requested child pornography videos, but also directed the sexual exploitation of children via webcam,” according to a sentencing memorandum filed by prosecutors. “Even more troubling, [Davolt] bragged about how he previously had sex with children while visiting the Philippines (which defendant, in fact, traveled to on 12-13 occasions) and made plans to have sex with children in an upcoming visit.”
In a victim impact statement submitted to the court and excerpted in the sentencing memorandum, the mother of one victim said her daughter suffered from “prolonged major trauma” that will affect “her mind for the rest of her life.”
The FBI conducted the investigation in this case.
Assistant United States Attorney Amy E. Pomerantz of the Violent and Organized Crime Section prosecuted the case.
Boston Man Pleads Guilty to Distributing Crack CocaineRead the Press Release
BOSTON – A Boston man who is allegedly a member of the St. James/Marcella gang pleaded guilty today to distributing crack cocaine.
Anthony Jackson, a/k/a “Hollywood,” 30, pleaded guilty to distribution and possession with intent to distribute cocaine base. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Dec. 21, 2021. Jackson was indicted in November 2020.
Between Sept. 1, 2020 and Oct. 3, 2020, Jackson distributed crack cocaine to a cooperating witness on five occasions in Cambridge and Boston. Jackson was also found in possession of crack cocaine at the time of his arrest on Oct. 29, 2020. Jackson has prior state convictions for unlawfully carrying a dangerous weapon, carrying a loaded firearm and possession of illegal substances.
The charge of distributing or possessing with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, three years and up to a lifetime of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Elianna Nuzum of Mendell’s Major Crimes Unit is prosecuting the case.
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.
Bond Denied for South Florida Serial RobberRead the Press Release
Miami, Florida – Today, a federal magistrate judge denied bond for 39-year-old Fort Lauderdale resident Denorio Humes. Humes will remain behind bars as he awaits trial on charges of using force and fear to rob tobacco products from truck drivers during deliveries.
According to allegations in the indictment and earlier-filed criminal complaint affidavit, Humes was part of a crew operating from April 2020 to March 2021 that robbed cigarettes and other tobacco products from trucks whose drivers had stopped at gas stations and other stores in Miami-Dade, Broward, and Collier counties to deliver the products. The robbery crew is alleged to have assaulted some of the truck drivers and threatened others.
The indictment charges Humes with one count of conspiring to commit a Hobbs Act robbery and one count of committing a Hobbs Act robbery. Humes faces up to 40 years in prison if convicted.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge for FBI Miami, made the announcement.
FBI Miami investigated the case with assistance from the Miami-Dade County Police Department, Collier County Sheriff's Office, Broward County Sheriff's Office, and City of Doral Police Department. The Broward County State Attorney’s Office also assisted. Assistant U.S. Attorneys Yara Dodin and Ignacio J. Vázquez, Jr., are prosecuting the case.
This case stems from Project Safe Neighborhoods (PSN), a program that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. In 2017, PSN was reinvigorated as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to partner with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
This case also is part of the Miami-Dade Chiefs of Police Operation Summer Heat Initiative. Anyone with information related to possible violent crimes in Miami-Dade County is asked to call Crime Stoppers at 305-471-TIPS.
A criminal indictment is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov under case number 21-cr-20430.
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Atlantic County Man Sentenced to 151 Months in Prison for Trafficking and Unlawfully Possessing FirearmsRead the Press Release
CAMDEN, N.J. – An Atlantic County, New Jersey, man with five prior felony convictions was sentenced today to 151 months in prison for illegally selling and possessing multiple firearms, Acting U.S. Attorney Rachael A. Honig announced.
Brandon Groce, 37, of Newtonville, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Robert B. Kugler to an information charging him with one count of illegally engaging in the business of dealing in firearms and one count of possession of a firearm by a convicted felon. Judge Kugler imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
On six different dates between February 2019 and September 2019, Groce met with an individual at a parking lot in Paulsboro, New Jersey, to sell firearms. Groce sold at least one firearm and ammunition for cash at each meeting. Groce lacked a license to sell firearms. At the time of the sales, Groce had previously been convicted in New Jersey Superior Court of five felonies, including a firearms offense, resisting arrest, and three controlled substances offenses.
In addition to the prison term, Judge Kugler sentenced Groce to three years of supervised release.
Acting U.S. Attorney Honig credited special agents of the Newark Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the leadership of Special Agent in Charge Jeffrey L. Matthews, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office Criminal Division in Camden.
Army Veteran Sentenced in Maryland to Federal Prison for Supplying Forged Military Discharge Certificates to Individuals Applying for Military Waivers to Obtain Commercial Driver’s LicensesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paula Xinis today sentenced Philip Mungin, age 58, formerly of Bryans Road, Maryland and currently residing in Mira Loma, California, to three months in federal prison, followed by three years of supervised release, for forgery of a military discharge certificate and for identity theft, in connection with a scheme in which Mungin provided fraudulent DD-214 discharge certificates to individuals for fraudulent military waiver applications for commercial driver’s licenses in exchange for payment. Judge Xinis also ordered Mungin to forfeit $13,000, and to pay a money judgment of $2,000.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jamie Mazzone, U.S. Department of Transportation, Office of Inspector General (DOT OIG), Mid-Atlantic Region; and Special Agent in Charge Christopher Dillard of the Department of Defense Office of Inspector General, Defense Criminal Investigative Service, Mid-Atlantic Field Office.
According to his guilty plea, between 1997 and 1999, Mungin was enlisted in the Army. Upon Mungin’s discharge in 1999, Victim 1 was the “Senior Transition Specialist” who helped process Mungin’s discharge and signed Mungin’s military discharge certificate, known as the DD-214.
Federal law mandates that drivers of commercial vehicles, such as tractor-trailers and semi-trucks, obtain a commercial driver’s license (CDL). Among other requirements, CDL applicants must pass both a written test and a driving skills test. Third-parties, such as driving schools, are authorized to train prospective CDL holders and administer the necessary tests, however, this training generally takes weeks to complete and may cost students between $3,000 and $7,000. The Department of Transportation implemented a program in 2011, aimed at helping U.S. military veterans to get jobs by allowing states to waive the driving skills test for U.S. military veterans who could provide proof that they had been trained to operate the relevant vehicles in the military. To demonstrate their eligibility, veterans had to submit their DD-214 and complete an application, signed by the applicant’s commanding officer to certify that they had the relevant driving experience.
As detailed in the plea agreement, in December 2018, employees at the Maryland Department of Transportation (MDOT) Motor Vehicle Administration (MVA) office in Waldorf, Maryland, became suspicious of waiver documents submitted by an applicant and confronted the applicant. The applicant, who had never been in the military, identified Mungin as the person who offered to help him get a CDL by submitting falsified military paperwork. MVA investigators subsequently learned that 44 individuals had submitted fraudulent waiver applications. Many of the drivers who obtained CDLs based on fraudulent military paperwork identified Mungin as the person who helped them. Thirty-four of the fraudulent applications had Victim 1’s name and title at the bottom of the form, many of which included a forged or photocopied version of Victim 1’s signature. The certifying commanding officer on nearly all of the fraudulent waiver forms was the same, a purported colonel. Department of Defense records showed that no person by that name had ever served in the U.S. military.
Specifically, Mungin admitted in his plea agreement that he falsified DD-214s and military waiver forms for drivers wanting to obtain CDLs, in exchange for the drivers paying Mungin—reportedly between $500 to $2,000 each. Mungin often accompanied applicants with fraudulent paperwork to obtain their licenses, typically wearing a military uniform while doing so. At times, Mungin told the employees he was a member of the military police accompanying members who were about to be discharged to obtain their CDLs. At least one fraudulent CDL was issued in Virginia using the same forged DD-214 that Mungin had used with the Maryland drivers. In that application, Mungin listed himself as the commanding officer on the waiver form.
Mungin acknowledged that he received between $15,000 and $40,000 to create false military paperwork, including DD-214s, to assist drivers in fraudulently obtaining CDLs.
Acting United States Attorney Jonathan F. Lenzner commended the DOT OIG, DCIS, and the MDOT MVA for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Caitlin R. Cottingham, who prosecuted the case.
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