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Wednesday 11 August 2021
Federal Criminal Complaint Charges Santa Barbara Man with Murdering His Two Young Children in Baja CaliforniaRead the Press Release
LOS ANGELES – A Santa Barbara man was charged today with taking his two young children to Rosarito, Mexico and killing them.
Matthew Taylor Coleman, 40, allegedly killed the 2-year-old boy and 10-month-old girl on Monday. A federal criminal complaint filed today charges Coleman with foreign murder of United States nationals.
Coleman is expected to make his initial court appearance this afternoon in United States District Court in downtown Los Angeles.
An affidavit in support of the criminal complaint outlines the investigation that started on Saturday when Coleman’s wife contacted the Santa Barbara Police to report that her husband had left the couple’s residence in a Sprinter van and she did not know where they had gone.
The next day, Coleman’s wife filed a missing persons report. Using a computer application, Coleman’s wife was able to determine that Coleman’s phone had been in Rosarito on Sunday afternoon, the affidavit states.
The same phone-locating service was used on Monday and showed that Coleman’s phone was near the San Ysidro Port of Entry at the U.S.-Mexico border, according to the affidavit. The FBI dispatched colleagues in San Diego to contact Coleman, who entered the United States in the Sprinter van without the children. When the children were not found, FBI agents contacted law enforcement officials in Rosarito and learned that Mexican authorities that morning had recovered the bodies of two children matching the description of Coleman’s children.
After further investigation, FBI agents took Coleman into custody.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The FBI, United States Customs and Border Protection, the Santa Barbara Police Department, and the Secretaría de Seguridad Pública Municipal de Rosarito are investigating this matter. The Santa Barbara County District Attorney’s Office provided substantial assistance throughout the investigation.
Assistant United States Attorneys Kevin Butler of the Violent and Organized Crime Section and Joanna Curtis, Chief of the Violent and Organized Crime Section, are prosecuting this case.
Federal Charges Filed Following Record-Breaking Drug SeizureRead the Press Release
Special Assistant U. S. Attorney Steven Lee (619) 546-8893
NEWS RELEASE SUMMARY – August 6, 2021
SAN DIEGO – Acting U.S. Attorney Randy Grossman announced federal drug charges today (August 6) against Defendant Carlos Gerardo Symonds Saavedra following the seizure of more than 2,500 kilograms of methamphetamine and 50 kilograms of fentanyl found in a commercial trailer at the Otay Mesa, California Cargo Port of Entry.
The Complaint alleges that on August 5, 2021, at approximately 5:24 p.m., Symonds Saavedra, a Mexican citizen, attempted to enter the U.S. as the driver and sole occupant of a 2008 International commercial truck, which was hauling a Strick trailer. Defendant’s manifest reflected the load consisted of plastic parts. According to the complaint, the secondary inspection reflected anomalies, determined upon testing to be illicit drugs, comingled with the commercial shipment of plastic parts. Defendant was allowed to exit the port of entry facility under visual surveillance. The complaint states that when defendant arrived at a private commercial parking lot, he parked the trailer, placed the keys under the hood and walked away. He was apprehended approximately 100 yards from the trailer and placed under arrest.
Further inspection of the trailer resulted in the discovery of: 400 packages of a substance that field-tested positive for methamphetamine, with an approximate weight of 2,507.58 kgs., as well as 52 kgs. of fentanyl. This is believed to be one of the largest methamphetamine seizures in the nation’s history.
“This is a significant accomplishment by our law enforcement partners,” said Acting U.S. Attorney Randy Grossman. “Due to stellar work by law enforcement agents, the government stopped more 5,500 pounds of deadly drugs from entering our country, furthering our fight against addiction and overdose deaths.”
“Over the last several years, we’ve seen many drug overdoses and drug-related deaths throughout this country,” said HSI San Diego Special Agent in Charge Cardell T. Morant. “HSI and its law enforcement partners undoubtedly saved lives by preventing this massive drug shipment from entering our communities. While this drug seizure is significant, we know that these transnational criminal organizations will continue to illegally smuggle their illicit drugs across our border. HSI and its law enforcement partners will remain vigilant in our mission to prevent these drugs from crossing the border and entering our communities.”
“By working in unison with our law enforcement partners, DEA has prevented a significant quantity of deadly drugs from reaching Americans,” said DEA Special Agent in Charge John W. Callery. “This seizure is a blow to the cartels; but a victory in the fight against methamphetamine and fentanyl overdose deaths plaguing our county. DEA remains committed to stopping the cartels who will undoubtedly continue trying to bring their deadly drugs into our country.”
DEFENDANT Case Number 21MJ3189
Carlos Gerardo Symonds Saavedra Residence: Mexico
SUMMARY OF CHARGES
Title 18, U.S.C., Sections 952 and 960
Importation of a controlled substance
Maximum penalty: Life in prison; and a mandatory minimum of 10 years; and a $10 million fine
AGENCIES
Homeland Security Investigations
Drug Enforcement Administration
U.S. Customs and Border Protection
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Ex-teacher admits guilt in child sexual exploitation investigationRead the Press Release
AUGUSTA, GA: A former Aiken County, S.C., teacher has admitted to a child sexual exploitation charge related to illegal activities with a Columbia County, Ga., minor.
Jonathan Eugene Grantham, 45, of Graniteville, S.C., awaits sentencing after pleading guilty in U.S. District Court to Coercion and Enticement of a Minor to Engage in Sexual Activity, said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. The plea subjects Grantham to a minimum sentence of 10 years in prison, up to life, along with substantial financial penalties and restitution to the victim. Following completion of any prison term, he must serve a minimum of five years of supervised release and register as a sex offender.
There is no parole in the federal system.
“It’s sickening to contemplate the fact that while Jonathan Grantham was serving as a high-school teacher, he was surreptitiously participating in the depraved sex trafficking of a child,” said Acting U.S. Attorney Estes. “This plea will hold him accountable for his crimes, while our diligent law enforcement partners continue their outstanding work to protect our most vulnerable citizens from such predation.”
At the time of his arrest in February, Grantham was employed as a teacher at Ridge Spring-Monetta High School in Ridge Spring, S.C. He later was terminated.
As described in court documents and testimony, Grantham came to the attention of the FBI while agents were conducting a sex trafficking investigation involving other defendants.
That investigation discovered that Grantham, in July 2019, traveled from South Carolina to Columbia County to engage in sexual activity with a victim who was under age 18. In his plea agreement, Grantham acknowledges contacting the victim through the Internet to coerce the victim “to engage in sexual activity for which the defendant could be charged with a criminal offense, that is, child molestation.”
Grantham remains in federal custody while awaiting sentencing.
“Grantham targeted and manipulated a child for his own perverse enjoyment,” said Chris Hacker, Special Agent in Charge of FBI Atlanta. “The FBI has zero tolerance for child predators, and we will continue to use any resources necessary to apprehend anyone who carries out these appalling crimes.”
The case is being investigated by the FBI, and prosecuted for the United States by Assistant U.S. Attorneys Tania G. Groover and Project Safe Childhood Coordinator Tara M. Lyons.
Elberta Man Sentenced in Federal Court on Methamphetamine and Firearm ChargesRead the Press Release
MOBILE, AL – An Elberta, Alabama, man was sentenced today, to 72 months in prison for his participation in a conspiracy to possess with intent to distribute methamphetamine ice and for his possession of a firearm in connection with a drug trafficking felony.
According to court documents, Donald Ray Thomas, 42, distributed methamphetamine ice he obtained from various suppliers in Baldwin County, Alabama, and in Pensacola, Florida. Thomas was distributing the drugs from various places in the county, including a business where he worked in Foley.
Chief United States District Court Judge Kristi K. Dubose imposed the 72-month sentence, which consisted of 12 months on the drug charge and 60 months on the gun charge, to run consecutively. Chief Judge Dubose further ordered that Thomas would also serve five years on supervised release following his imprisonment. As conditions of his supervision, Thomas will undergo testing and treatment for drug abuse and a mental health evaluation, and he will be subject to a search of his person and premises upon reasonable suspicion. No fine was imposed but Chief Judge Dubose ordered that Thomas pay $200 in special assessments.
The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Gloria Bedwell prosecuted the case on behalf of the United States.
Defendant Sentenced to over 25 Years in PrisonRead the Press Release
FORT WAYNE – Virgil S. Smith, 43, of Fort Wayne, Indiana, was sentenced by United States District Court Judge Holly A. Brady upon his plea of guilty to possessing methamphetamine with the intent to distribute, announced Acting U.S. Attorney Tina L. Nommay.
Smith was sentenced to 300 months (or 25 years) of imprisonment, to be followed by 5 years of supervised release after he serves this term of imprisonment. Smith was also sentenced to an additional and consecutive term of 30 months of imprisonment because he committed the drug offense while he was on supervised release for a prior conviction of armed bank robbery.
According to documents in this case, Smith was distributing multiple ounces of methamphetamine. After he was arrested, agents searched his apartment and located additional methamphetamine and a loaded revolver.
This case was investigated by the FBI’s Fort Wayne Safe Streets Gang Task Force, which includes the Federal Bureau of Investigation, the Indiana State Police, the Allen County Sheriff’s Department, and the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorneys Anthony W. Geller and Stacey R. Speith.
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Credit Union Branch Manager Charged with Embezzling $340,000, Then Setting Fire to the Safe to Conceal her TheftRead the Press Release
PITTSBURGH, PA – A resident of Belle Vernon, PA, has been indicted by a federal grand jury in Pittsburgh, PA on charges of embezzlement from a federal credit union, wire fraud, and use of fire to commit a federal felony, Acting United States Attorney Stephen R. Kaufman announced today.
The three-count Indictment named Patty Lynn Mavrakis, 63, as the sole defendant.
According to the Indictment, Mavrakis was a Branch Manager for Valley 1st Community Federal Credit Union and, in September 2016, she embezzled $340,200.00 from the credit union. In order to conceal the theft, she started a fire in the credit union’s safe, claiming that the fire destroyed the missing currency. In the days following the fire, she made an insurance claim on behalf of the credit union for the missing currency.
The law provides for a maximum total sentence of 60 years in prison, a fine of $1.5 million or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. The government has requested $50,000 unsecured bond.
Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Clinical Researchers Sentenced in Connection with Scheme to Falsify Drug Trial DataRead the Press Release
A federal judge sentenced a Florida nurse practitioner and a Florida woman to prison terms today in connection with their participation in a conspiracy to falsify data related to clinical drug trials.
U.S. District Judge Jose E. Martinez of the Southern District of Florida sentenced Eduardo Navarro, 52, of Miami, to 46 months in prison, and Nayade Varona, 50, of Port St. Lucie, to 30 months in prison. The court also ordered the defendants to pay $2,134,503 in restitution. According to court documents, Navarro and Varona worked at a clinical research site called Tellus Clinical Research (Tellus). Navarro, a nurse practitioner, was a sub-investigator at Tellus, and Varona was an assistant study coordinator. As part of their plea agreements, Navarro and Varona admitted that they conspired with others to falsify data in connection with two clinical trials by, among other things, fabricating medical records to make it appear as though subjects were participating in the clinical trials when, in truth, they were not.
“By falsifying clinical trial data, the defendants undermined a crucial component of the drug approval process,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Justice Department will continue to work with its partners at the Food and Drug Administration to investigate and prosecute anyone who engages in this conduct.”
“Falsifying clinical trial data puts the public’s health at risk,” said Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida. “Compromised clinical data jeopardizes the researchers’ ability to evaluate the safety and efficacy of new drugs. Prosecuting these cases will continue to be a top priority for our office.”
“The FDA will continue to thoroughly investigate and bring to justice those who try to undermine clinical trials, an important part of the agency’s regulatory review of new drugs,” said Assistant Commissioner for Criminal Investigations Catherine Hermsen of the Food and Drug Administration (FDA). “The agency will aggressively pursue violations that threaten the integrity of clinical trial data in order to protect the public’s access to safe and effective products.”
The FDA’s Office of Criminal Investigations investigated this case.
Trial Attorneys Lauren M. Elfner and Joshua D. Rothman of the Civil Division’s Consumer Protection Branch are prosecuting the case. The U.S. Attorney’s Office for the Southern District of Florida has provided critical assistance.
Clifton Park Man Pleads Guilty to Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Eric William Tompkins, age 37, of Clifton Park, New York, pled guilty today to possession of child pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea before Senior United States District Judge Thomas J. McAvoy, Tompkins, a registered sex offender, admitted that on March 28, 2019, he possessed child pornography images on his cellular phone that included depictions of prepubescent children.
Tompkins faces at least 10 years and up to 20 years in prison, and a term of supervised release of at least 5 years and up to life, when he is sentenced on December 15, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FBI and its Child Exploitation Task Force, with assistance from the United States Marshals Service and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Rachel Williams.
This case is prosecuted as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe ]Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
City of New Orleans Assistant Chief Mechanical Inspector Pleads Guilty to Using an Interstate Facility with Intent to Carry Unlawful ActivityRead the Press Release
NEW ORLEANS, LA – The U.S. Attorney’s Office announced today that BRIAN MEDUS, 44, of Covington, pleaded guilty as charged to violating Title 18, United States Code, Sections 371 and 1952(a)(3), conspiracy to use an interstate facility with intent to carry on unlawful activity.
According to Court documents, MEDUS, the Assistant Chief Mechanical Inspector for the City of New Orleans, Safety and Permits Department, solicited and accepted bribe money from James Mohamad, the Director of the Department of Inspection and Code Enforcement for the City of Kenner, in return for the issuance of fraudulent permits for Mohamad’s HVAC jobs. Throughout the course of the conspiracy, Mohamad paid MEDUS and others approximately $93,000 to further the bribery scheme. MEDUS utilized cell phones and the City of New Orleans’ internet-based LAMA system, facilities of interstate commerce, to further the scheme. LAMA is the City of New Orleans system for tracking code enforcement and permitting actions.
MEDUS faces a maximum term of imprisonment of five (5) years, a fine of not more than $250,000, a maximum of three years supervised release following any term of imprisonment, and a mandatory $100 special assessment fee. Sentencing is scheduled for November 17, 2021.
“The FBI is committed to aggressively pursuing those who violate the trust placed in them by the public and holding them accountable for their actions. Today’s guilty plea sends a clear message that individuals like Mr. Medus who engaged in a bribery scheme, will be held responsible,” said Douglas A. Williams, Jr. FBI New Orleans Special Agent in Charge. “I would like to thank the City of New Orleans Office of the Inspector General, the Metropolitan Crime Commission, and the U.S. Attorney’s Office for their partnerships in helping the FBI disrupt public corruption in Louisiana."
Ed Michel, Interim Inspector General, City of New Orleans, stated “The New Orleans OIG will continue to ensure employees who utilize their public office for personal gain are held accountable for their actions.”
The United States Attorney’s Office, Eastern District of Louisiana, stated that “Public trust in government institutions is essential for a healthy, functioning government. Any felonious breach of trust damages the very institutions designed to protect citizens from such hazards. Our office will continue partnering with local, state and federal investigative agencies to prosecute public corruption that compromises our institutions.”
This matter was investigated by the Federal Bureau of Investigation and the City of New Orleans/Office of Inspector General. Assistance was provided by the Louisiana State Licensing Board for Contractors. Assistant United States Attorney Tracey N. Knight is prosecuting the matter.
Charleston Man Pleads Guilty to Distributing MethamphetamineRead the Press Release
CHARLESTON, W.Va. – One of the 15 individuals charged as a result of the long-term investigation dubbed the “Woo Boyz” pleaded guilty today to distributing methamphetamine.
According to court documents, Jermaine Williams, 20, of Charleston, sold an ounce of 90% pure methamphetamine to a confidential informant on October 1, 2020 for $575. The transaction took place at the GoMart on Bigley Avenue in Charleston.
Williams pleaded guilty to distribution of methamphetamine and faces a mandatory minimum of five years and up to 40 years in prison when he is sentenced on November 18, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Charleston Police Department, the Metropolitan Drug Enforcement Network Team (MDENT), the U.S. Marshals Service and the West Virginia State Police.
Senior United States District Judge John T. Copenhaver, Jr. presided over the hearing. Assistant United States Attorney Monica D. Coleman is handling the prosecution.
The investigation was part of the Department of Justice’s Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations and is the keystone of the Department of Justice’s drug reduction strategy. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking organizations, transnational criminal organizations, and money laundering organizations that present a significant threat to the public safety, economic, or national security of the United States.
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-00032.
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California woman arraigned on federal firearms chargesRead the Press Release
ALBUQUERQUE, N.M. – Laura Swanquist-Chavez, 35, of the area of El Centro, California, was arraigned today in federal court on a two-count indictment charging her with making a false and fictitious statement to a licensed dealer of firearms and knowingly transferring a firearm to a convicted felon. Swanquist-Chavez has been released on pre-trial conditions pending trial.
According to the indictment, on or about Aug. 26, 2020, in Luna County, New Mexico, Swanquist-Chavez allegedly answered falsely and knowingly on the Bureau of Alcohol, Tobacco, Firearms and Explosives Form 4473 Firearms Transaction Record that she was the actual buyer of a firearm. As alleged in the indictment, Swanquist-Chavez was acquiring the firearm on behalf of another person, and made the statement to mislead the dealer about the lawfulness of the transaction.
At some point between Aug. 29, 2020, and Feb. 4, 2021, Swanquist-Chavez allegedly transferred possession of a firearm to Omar Cueva-Felix knowing that he had been convicted previously of a felony. As a convicted felon, Cueva-Felix could not legally possess a firearm or ammunition.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Swanquist-Chavez faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case.
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Casper Man Sentenced in Child Pornography CaseRead the Press Release
Acting United States Attorney Bob Murray announced today that KYLE DOUSSETT, age 49, of Casper, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson for possessing child pornography, violating his supervised release agreement related to the same charge. Doussett received a sentence of 120 months to be followed by 10 years of supervised release. Doussett was also ordered to pay a $100 special assessment fee and may be ordered to pay restitution, to be determined at a later date.
Doussett appeared before Federal District Court Judge Alan B. Johnson on June 1, 2021 and pled guilty to the sole charge in the indictment. His conviction came after a manager at the Casper Re-entry Center (CRC), where Doussett was an inmate, found a cell phone belonging to Dousette that contained images and video of girls less than 12 years of age in provocative poses and performing sexual acts.
“Doussett has clearly demonstrated his inability to stop this type of predatorial sexual behavior so 10 years in prison is a just sentence. His actions contribute to an ongoing problem of child exploitation where children are enticed into producing sexually explicit material. Our office is grateful that our federal law enforcement partners dedicate resources to identifying the victims of sexual predators,” said Acting United States Attorney, Bob Murray.
This crime was investigated by U.S. Immigration and Customs Enforcement Special Agent Nicole Bailey. Doussett was prosecuted by Assistant United States Attorney Christyne M. Martens.
Buffalo Man Going to Prison for Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Malik Matthews, 22, of Buffalo, NY, who was convicted of conspiring to distribute cocaine, was sentenced to serve 41 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorneys Meghan E. Leydecker and Paul C. Parisi, who handled the case, stated that between June 2018 and October 2019, the defendant sold cocaine to an individual over 50 times. In addition, Matthews sold crack cocaine to an undercover police officer. On June 4, 2019, Buffalo Police Officers executed a search warrant at the defendant’s Grey Street residence. During the search they seized three loaded firearms, ammunition, two bags of suspected crack cocaine, five digital scales, a bottle of a cutting agent, and a box of sandwich bags.
The sentencing is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
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Bristol, Tennessee Man Sentenced in $499,000 Unemployment Fraud SchemeRead the Press Release
ABINGDON, Va. – A Bristol, Tennessee man was sentenced today to 18 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, Larry D. Whited, 57, waived his right to be indicted and pleaded guilty in April 2021 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.
Whited 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, Whited, 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.
Atmore Woman Sentenced in Federal Court for Conspiring to Distribute MethamphetamineRead the Press Release
MOBILE, AL – An Atmore, Alabama, woman was sentenced on August 10, 2021, to 38 months in prison for her participation in a conspiracy to possess with intent to distribute methamphetamine ice.
According to court documents, Jordan Ashley Gabel, 34, distributed methamphetamine ice she obtained from various suppliers in Baldwin County, Alabama. Gabel was implicated in two traffic stops in which she was in possession of methamphetamine ice, both conducted by the Baldwin County Sheriff’s Office.
United States District Court Judge William H. Steele imposed the 38-month sentence, which amounted to a sentence of time served after giving Gabel credit for her custodial time served prior to the imposition of sentence. Judge Steele further ordered that Gabel would also serve five years on supervised release following her imprisonment. As conditions of her supervision, Gabel will undergo testing and treatment for drug abuse and a mental health evaluation, and she will be subject to a search of her person and premises upon reasonable suspicion. No fine was imposed but Judge Steele ordered that Gabel pay $100 in special assessments.The case was investigated by the Baldwin County Sheriff’s Office, the Baldwin County Drug Task Force, and the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Gloria Bedwell prosecuted the case on behalf of the United States.
Anchorage Businessman Convicted and Sentenced for Walrus Ivory Trafficking and Tax EvasionRead the Press Release
ANCHORAGE – An Anchorage man was sentenced today to six months home confinement and more than $400,000 in fines and restitution for illegally trafficking in walrus ivory and failing to report business income to the IRS.
According to court documents, Walter Earl, 76, owner of The Antique Gallery, regularly trafficked in illegal walrus ivory for many years. On three separate occasions in 2017, Earl knowingly violated the Lacey Act by illegally purchasing and selling walrus ivory ‘head mounts’ (i.e. the skull and ivory tusks of a walrus) to undercover agents. In these unlawful sales, Earl tried to conceal the illegal nature of his activities by falsifying documents and lying to purchasers about the ivory’s source, stating the ivory was legal to purchase and sell due to its age and claiming he was legally allowed to purchase the walrus ivory because he employed Alaska Natives. In addition to those illegal sales and lies, the investigation uncovered that Earl had illegally purchased more than 50 walrus tusks, which he kept as inventory for future illegal sales.
Separately, the investigation revealed that Earl intentionally failed to file individual income tax returns for the years 2013 through 2017. Earl’s gross income included income from his antique business which totaled $679,245 for the five-year period. To avoid creating records of revenue and income, Earl kept inadequate business records, primarily used cash and structured transactions at various financial institutions to sidestep banking reporting requirements. He also instructed his employees not to report the income they earned.
Earl pleaded guilty to three felony wildlife trafficking counts under the federal Lacey Act and one count of tax evasion. As part of his sentence, the court ordered Earl to pay $185,000 in fines and $216,054 in restitution to the IRS for back taxes owed. The court also ordered Earl to forfeit 50 walrus tusks and other illegal marine mammal parts to the United States.
“This joint investigation revealed and recovered all the illicit profits from an underground operation trafficking in one of Alaska’s unique marine resources, the North Pacific Walrus,” said Acting U.S. Attorney Bryan Wilson, District of Alaska. “In addition to this illegal enterprise, the investigation uncovered the failure of a businessman to perform what millions of our citizens dutifully do each year – prepare, organize and pay their taxes. As the sentence today reflects, our office, in partnership with law enforcement agencies, has ensured Mr. Earl has profited not one penny from his illegal endeavors. We are committed to protecting Alaska’s wildlife resources and will pursue fraudulent business activity, no matter which type.”
“The U.S. Fish and Wildlife Service is committed to protecting our unique and highly vulnerable marine mammal species from illegal exploitation and commercialization,” said U.S. Fish & Wildlife Service, Office of Law Enforcement Special Agent in Charge Rory Stark. “Activities such as these not only impact the viability of walrus populations, but also subsistence and traditional handicraft creation relied on by Alaska Native people. We are dedicated to combatting all forms of illegal wildlife trafficking, especially those involving our domestic species of conservation concern.”
“Mr. Earl disregarded the law to further his business interests and he intentionally evaded paying his fair share of tax on those profits. Not only did he exploit natural resources, but he undermined our tax system through the unfair advantage he had over other businesses that play by the rules,” said IRS Criminal Investigation (IRS-CI) Acting Special Agent in Charge Corinne Kalve. “IRS-CI will continue to investigate those who operate outside the law and fail to pay their fair share of taxes.”
The U.S. Fish and Wildlife Service, Office of Law Enforcement (USFWS) and the IRS Criminal Investigation (IRS-CI) investigated the case. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) also assisted in the investigation.
Assistant U.S. Attorney’s Aunnie Steward and Steve Skrocki prosecuted the case.
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Tuesday 10 August 2021
Woman Pleads Guilty to Lying on Passport ApplicationRead the Press Release
NEW ORLEANS – U.S. Attorney Duane Evans announced today that THERESA WOOD (“WOOD”) pled guilty as charged on August 5, 2021 to count one of an indictment for false statements in a passport application in violation of Title 18, United States Code, Section 1542 before U.S. District Judge Eldon E. Fallon.
According to papers signed by WOOD, she made an application for a U.S. passport for her minor child using information belonging to another individual. It is a crime to lie on a passport application. WOOD convinced a co-worker, who resembled the father of her minor child, to fraudulently claim to be the father at the signing of the application before a notary. The application would then be submitted to the State Department. WOOD faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment cost on the false statement charge. Sentencing is set for November 18, 2021.
U.S. Attorney Evans praised the work of the United States Diplomatic Security Service of the State Department in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
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Two Vauxhall Men Indicted in Scheme to Steal Mail, Commit Credit Card Fraud and Defraud United StatesRead the Press Release
NEWARK, N.J. – Two men were charged today for their roles in a conspiracy to possess stolen mail, including credit cards and pandemic relief credit cards, commit bank fraud, and defraud the U.S. Postal Service and the U.S. Department of the Treasury, Acting U.S. Attorney Rachael A. Honig announced.
Jarid Brooks, 27, and his brother, Justin Brooks, 21, both of Vauxhall, New Jersey, are charged by indictment with participating in a scheme to fraudulently obtain money from victim financial institutions and the U.S. Department of Treasury by obtaining credit cards issued by the victim financial institutions and Economic Impact Payment (EIP) cards issued by the U.S. Department of Treasury, which were stolen out of the U.S. mail by bribed U.S. Postal Service employees, and fraudulently using the stolen cards to make unauthorized purchases. They also are charged with aggravated identity theft. Jarid Brooks is also charged with possession with intent to distribute fentanyl and heroin, and Justin Brooks is charged with possession of a firearm with an obliterated serial number.
According to documents filed in this case and statements made in court:
From July 2019 to Oct. 6, 2020, Jarid Books and Justin Brooks obtained credit cards stolen from the U.S. mail by U.S. Postal Service letter carriers, and then fraudulently activated those credit cards. They used those credit cards to make and attempt to make purchases without the cardholders’ authorization, including buying gift cards and electronics. The investigation to date has revealed that the victims have incurred approximately $100,000 in intended and actual losses from fraudulent purchases made using their stolen credit cards. In addition to stealing and illegally using credit cards, Jarid Brooks and Justin Brooks also schemed to fraudulently use over $11,000 of funds pre-loaded onto EIP cards issued by the U.S. Department of Treasury and sent in the U.S. mail pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), that were also stolen from the mail. The CARES Act authorized EIP payments structured as one-time refundable tax credits to certain eligible taxpayers of $1,200 for individuals, $2,400 for married couples filing jointly, and up to $500 for each qualifying child. The goal of this part of their fraud was for the conspirators to unlawfully obtain the government funds pre-loaded onto these cards, in amounts ranging from approximately $400 to approximately $2,400.
The indictment contains the following charges:
Counts
Defendants
Charge
1
Jarid Brooks
Justin Brooks
Conspiracy to Possess Stolen Mail, Commit Bank Fraud, Defraud the U.S. Postal Service and the U.S. Department of Treasury
2
Jarid Brooks
Justin Brooks
Receipt of Stolen Mail
3
Jarid Brooks
Justin Brooks
Bank Fraud
4
Jarid Brooks
Aggravated Identity Theft
5
Justin Brooks
Aggravated Identity Theft
6
Jarid Brooks
Possession with Intent to Distribute Fentanyl and Heroin
7
Justin Brooks
Possession of a Firearm with an Obliterated Serial Number
The conspiracy, possession of mail theft, and firearm possession charges are each punishable by a maximum potential penalty of five years in prison and a maximum fine of up to $250,000. The bank fraud charge is punishable by a maximum potential penalty of 30 years in prison and a maximum fine of up to $1 million. The aggravated identity theft charge carries a mandatory penalty of two years in prison, which must run consecutively to any other prison sentence imposed. The narcotics possession charge carries a maximum potential penalty of 20 years in prison and a maximum fine of up to $1 million.
Jarid and Justin Brooks were originally charged with Kyle Williams, 36, and Kyjuan Hutchins, 22, also of Vauxhall, in October 2020. The charges against Kyle Williams for his role in the stolen mail and bank fraud conspiracy are still pending. He is presumed innocent unless and until proven guilty. Hutchins has pleaded guilty for his role in the conspiracy and is awaiting sentencing.
Acting U.S. Attorney Honig credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Rodney M. Hopkins; special agents with the U.S. Postal Service – Office of Inspector General, under the direction of Special Agent in Charge Matthew Modafferi, Northeast Area Field Office; and special agents with the Office of the Treasury Inspector General for Tax Administration (TIGTA), under the direction of Special Agent in Charge Andrew McKay, with the investigation leading to today’s charges. She also thanked the Union County Prosecutor’s Office, the Caldwell Police Department, the Fairfield Police Department, the Boonton Police Department, and the Millburn Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the Special Prosecutions Division in Newark.
The charge and allegations against Jarid and Justin Brooks are merely accusations, and they are presumed innocent unless and until proven guilty.
Texas Man Sentenced for Role in Scheme that Imported Steroids from China for Online SaleRead the Press Release
BOSTON – A Texas man was sentenced on Friday, Aug. 6, 2021 in federal court in Boston for his role in a scheme that imported raw steroids from China and selling them over the internet to customers across the United States.
Mark Lopilato, 57, of Sanger, Texas, was sentenced by U.S. Senior District Court Judge Mark L. Wolf to 41 months in prison and four years of supervised release. In February 2018, Lopilato pleaded guilty to conspiracy to distribute steroids. In April 2019, he failed to appear for his sentencing, and was subsequently arrested in September 2019. At the time of his arrest, Lopilato was in possession of counterfeit identification in another individual’s name but bearing his photograph.
From January 2016 to September 2016, an undercover agent purchased steroids listed for sale on a website that advertised various types of steroids for sale. The website provided instructions on how to place orders and pay for steroids, and further provided an email address operated by Lopilato.
Customers ordered steroids from Lopilato who forwarded the orders by email to co-conspirators Rhonda Fulton and Michael Fulton, who processed and prepared raw steroids according to the customers’ orders, packaged and mailed them. Lopilato and the Fultons ordered the raw steroids through the internet from China, then paid for and received the raw steroids by mail. Lopilato paid the Fultons for the preparation, packaging and mailing of the steroids to customers; he also paid his brother and co-conspirator, Michael Lopilato, to maintain and operate the website.
In January 2017, the Fultons and Lopilatos were arrested and charged for their roles in the steroid scheme. Searches recovered more than 60,000 dosage units of raw steroids, a tableting machine, steroid packaging and shipping materials, and approximately $20,000 in cash. The website used by Lopilato to advertise the steroids was also seized.
Michael Fulton and Rhonda Fulton pleaded guilty and were sentenced by Judge Wolf to time served, three years and two years of supervised release, respectively, in May 2019.
Michael Thomas Lopilato, 64, pleaded guilty and was sentenced by U.S. District Court Judge Patti B. Saris to one year of probation and was ordered to pay a fine in the amount of $2,000 in August 2018.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service; Douglas Bartlett, Acting U.S. Marshal for the District of Massachusetts; North Reading Police Chief Michael P. Murphy; North Andover Police Chief Charles Gray; and Burlington Police Chief Thomas Browne made the announcement. Assistant U.S. Attorney Katherine Ferguson, Acting Chief of Mendell’s Narcotics and Money Laundering Unit, and Assistant U.S. Attorney Lindsey E. Weinstein, also of Mendell’s Narcotics and Money Laundering Unit, prosecuted the case.
Telemedicine Company Owner Charged in Superseding Indictment for $784 Million Health Care Fraud, Illegal Kickback and Tax Evasion SchemeRead the Press Release
A federal grand jury in Newark, New Jersey, returned a superseding indictment today charging a Florida owner of multiple telemedicine companies with orchestrating a health care fraud and illegal kickback scheme that involved the submission of over $784 million in false and fraudulent claims to Medicare. This is one of the largest Medicare fraud schemes ever charged by the Justice Department. The superseding indictment also charges the defendant with concealing and disguising the proceeds of the scheme in order to avoid paying income taxes.
Creaghan Harry, 53, of Highland Beach, Florida, is charged in the superseding indictment with one count of conspiracy to commit health care fraud and wire fraud, and four counts of income tax evasion. Harry previously was charged in an indictment along with co-conspirators Lester Stockett and Elliot Loewenstern with one count of conspiracy to defraud the United States and to pay and receive kickbacks, four counts of receipt of kickbacks, and one count of conspiracy to commit money laundering. Stockett and Loewenstern previously pleaded guilty. If convicted, Harry faces a maximum penalty of 20 years’ imprisonment for the conspiracy to commit health care fraud and wire fraud, five years’ imprisonment on each count of tax evasion, five years’ imprisonment for the conspiracy to defraud the United States and pay and receive kickbacks, 10 years’ imprisonment for each count of receipt of kickbacks, and 20 years’ imprisonment on the conspiracy to commit money laundering. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
According to allegations in the superseding indictment, Harry and his co-conspirators solicited illegal kickbacks and bribes from durable medical equipment (DME) suppliers and marketers in exchange for orders for DME braces and medications. Harry’s telemedicine companies then allegedly paid physicians to write medically unnecessary orders for these braces and medications. Harry’s telemedicine companies provided orders to DME suppliers that fraudulently billed Medicare over $784 million. Medicare ended up paying over $247 million.
In order to conceal and disguise the health care fraud and illegal kickback scheme, the superseding indictment alleges, Harry directed DME suppliers and marketers not to directly pay his telemedicine companies and instead to pay shell companies that had been opened in the names of straw owners in the United States and foreign countries, such as the Dominican Republic. Harry then transferred the funds from the shell companies to his telemedicine companies in order to pay physicians to write the unnecessary orders.
The superseding indictment alleges that Harry falsely claimed to prospective investors, lawyers and others that his telemedicine companies had not received any kickbacks. Harry instead falsely represented that the telemedicine companies had been receiving revenue of “about $10 million per year” from fees paid by patients to receive telemedicine services, when in fact the revenue of the telemedicine companies was derived from illegal kickbacks and bribes.
The superseding indictment further alleges that Harry committed income tax evasion in the calendar years between 2015 and 2018 by receiving the proceeds of the illegal scheme in the accounts of shell companies belonging to nominee owners and using those proceeds to live a lavish lifestyle. Harry did not file an income tax return or pay taxes on this income.
Assistant Attorney General Kenneth A. Polite of the Justice Department’s Criminal Division; Acting U.S. Attorney Rachael A. Honig for the District of New Jersey; Special Agent in Charge George M. Crouch of the FBI’s Newark Field Office; Special Agent in Charge Scott J. Lampert of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG); and Special Agent in Charge Michael Montanez of IRS-Criminal Investigations, Newark, made the announcement.
HHS-OIG, the FBI and IRS-Criminal Investigations are investigating the case.
Assistant Chief Jacob Foster of the Criminal Division’s Fraud Section’s National Rapid Response Strike Force and Trial Attorney Darren Halverson of the Newark Strike Force are prosecuting the case.
The Fraud Section leads the Health Care Fraud Strike Force. Since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 federal districts, has charged more than 4,600 defendants who have collectively billed federal health care programs and private insurers for approximately $23 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing [email protected]. To learn more about victims’ rights, please visit: https://www.justice.gov/criminal-vns/victim-rights-derechos-de-las-v-ctimas.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Repeat Sex Offender Sentenced to 10 Years in Prison for Possession of Child PornographyRead the Press Release
BIRMINGHAM, Ala. – A federal judge yesterday sentenced a previously convicted sex offender for possession of child pornography, announced United States Attorney Prim F. Escalona and FBI Special Agent in Charge Johnnie Sharp, Jr.
United States District Judge Annmarie Axon sentenced Darrell Dewayne Thrasher, 62, of Tuscaloosa County, to 120 months in prison to be followed by a lifetime supervised release. In April 2021, Thrasher pleaded guilty to possession of child pornography.
“Possession of child pornography is an insidious crime that continues to sexually exploit a child every time an image is downloaded or shared,” U.S. Attorney Escalona said. “Every child deserves a safe childhood, and my office remains committed to vigorous prosecution of child exploitation in this district.”
“Thrasher is a repeat child sex offender and deserves every day of this sentence,” FBI SAC Sharp said. “The FBI will continue to aggressively investigate and pursue those who would exploit our children. To report online child sexual exploitation, use the electronic Cyber Tip Line or call 1-800-843-5678. The Cyber Tip Line is operated by the National Center for Missing and Exploited Children in partnership with the FBI.”
According to the plea agreement, in August 2019, Thrasher’s federal probation officer conducted a home visit and found five smart phone devices at Thrasher’s residence. Thrasher admitted he used three of the smart phones to download child pornography, and that he possessed child pornography on those devices. A forensic examination of the smart phones revealed multiple images and videos of children being abused and exploited. Thrasher was on federal supervision for receipt of child pornography at the time. Thrasher’s supervision was revoked in September 2019. The terms of Thrasher’s supervised release included a restriction from possessing a smart phone device.
In 2008, Thrasher was convicted in the U.S. District Court Northern District of Alabama of receipt of child pornography. In 2009, Judge Karon O. Bowdre sentenced Thrasher to 97 months in prison. Thrasher was released in December 2016 on 10 years of supervised release.
Thrasher has remained in the custody of law enforcement since his arrest in August 2019.
The FBI investigated the case, along with the Northport Police Department. Assistant United States Attorneys R. Leann White and John Hundscheid prosecuted the case.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched by the Department of Justice in May 2006 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 (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Rensselaer County Felon Sentenced to 30 Months on Firearms ConvictionsRead the Press Release
ALBANY, NEW YORK – Brandon Glaski, age 38, of East Nassau, New York, was sentenced today to 30 months in prison for unlawfully possessing firearms including “ghost guns,” as well as ammunition, a machinegun conversion device, and silencers.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
United States District Judge Mae A. D’Agostino also sentenced Glaski to a 3-year term of supervised release.
On June 12, 2018, investigators with ATF and the New York State Police (NYSP) executed a federal search warrant at Glaski’s residence in East Nassau. Stored in locked gun lockers in Glaski’s bedroom, as well as in unlocked containers in a hallway closet, basement and garage, were 23 rifles, 15 handguns, seven silencers, one machinegun conversion device, 101 ammunition magazines, and over 5,000 rounds of assorted ammunition. The recovered firearms included two rifles without serial numbers (“ghost guns”), as well as 15 finished rifle and pistol lower receivers lacking serial numbers.
In pleading guilty, Glaski admitted that he had ordered the machinegun conversion device and silencers from Internet-based suppliers. At the time he possessed the firearms and ammunition, Glaski had a prior state felony conviction for impaired driving.
This case was investigated by ATF, with assistance provided by NYSP, and prosecuted by Assistant U.S. Attorney Emmet J. O’Hanlon.
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.
Pittsburgh Man Admits to Drug Trafficking ChargesRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, pleaded guilty in federal court to conspiracy to distribute heroin, fentanyl, crack cocaine, powder cocaine, and alprazolam and to possession with intent to distribute those same substances, Acting United States Attorney Stephen R. Kaufman announced today.
Justin Misko, age 37, from the Hazelwood neighborhood of Pittsburgh, pleaded guilty to two counts before United States District Judge David S. Cercone the morning of August 9, the day that Misko’s jury trial was scheduled to begin.
In connection with the guilty plea, the court was advised that from October 2018 to December 6, 2018, Misko conspired with others to distribute heroin, fentanyl, crack cocaine, powder cocaine, and alprazolam, which is more commonly known as Xanax. Misko and other conspirators distribute these drugs in various establishments in the Waterfront of West Homestead, including Dave & Busters and the Courtyard Marriot. On Dec. 6, 2018, Pittsburgh Police detectives and FBI Task Force Officers arrested Misko at the Marriot hotel based on an unrelated matter. After seeing officers in the hallway, Misko locked himself in his room with a coconspirator. The coconspirator threw two bags off the balcony into the courtyard. An FBI Task Force Officer who was positioned in the Courtyard caught the two bags, which were found to contain more than 17 bricks of heroin and fentanyl and distribution quantities of crack cocaine, powder cocaine, and alprazolam.
Judge Cercone scheduled sentencing for Dec. 14, 2021 at 1:00 pm. For each charge, Misko may be sentenced up to 20 years in prison, fined $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Misko had been detained pending trial, and the Court ordered that Misko continue to be detained pending sentencing.
Assistant United States Attorney Brian M. Czarnecki is prosecuting this case on behalf of the government.
This case resulted from the investigations of multiple agencies, including the FBI, the West Homestead Police, and the Pittsburgh Bureau of Police.
Philadelphia Tax Preparer Pleads Guilty to False ReturnsRead the Press Release
A Pennsylvania man pleaded guilty yesterday to assisting in the preparation of false federal tax returns.
According to court documents, Jean Coq, of Philadelphia, prepared tax returns for clients for tax years 2013 and 2014 that claimed inflated itemized deductions and adjustments to income. As a result of these false items, Coq’s clients sought tax refunds to which they were not entitled. In total, Coq caused a tax loss to the IRS of $83,451.
Coq is scheduled to be sentenced on Nov. 10. He faces a maximum sentence of three years in prison on each count, as well as a period of supervised release, restitution and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Jennifer Arbittier Williams of the U.S. Attorney’s Office for the Eastern District of Pennsylvania made the announcement.
The IRS-Criminal Investigation investigated the case.
Trial Attorney Ann Marie Cherry of the Justice Department’s Tax Division and Assistant U.S. Attorney David J. Ignall of the U.S. Attorney’s Office for the Eastern District of Pennsylvania are prosecuting the case.
Philadelphia Man Sentenced to 10 Years in Prison for Conspiring to Possess and Distribute Drugs and Possessing a FirearmRead the Press Release
JOHNSTOWN, Pa. – A resident of Philadelphia, PA, has been sentenced in federal court to a total of ten years (120 months) in prison and five years’ supervised release on his conviction of conspiracy to distribute and possess methamphetamine and cocaine and possession of a firearm. Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Kim R. Gibson imposed the sentence on Gerald Terry, 52, of Philadelphia, PA.
According to information presented to the court, between March 30, 2018, and April 4, 2018, Gerald Terry and a co-conspirator conspired to distribute and to possess with the intent to distribute more than 500 grams of a mixture and substance containing a detectable amount of methamphetamine and cocaine. Further, on April 4, 2018, they were found in possession of a loaded Smith & Wesson M&P Shield .40 caliber semi-automatic pistol.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
Mr. Kaufman commended the Laurel Highlands Resident Agency of the Federal Bureau of Investigation, the Pennsylvania State Police SHIELD Unit and Somerset Turnpike Barracks for the investigation that led to the successful prosecution of Terry.
Pesticide Smuggler Sentenced to Jail, Ordered to Pay $10,000Read the Press Release
Assistant U. S. Attorney Melanie K. Pierson (619) 546-7976
NEWS RELEASE SUMMARY – August 10, 2021
SAN DIEGO – Mark Lee Morgan of Santa Ana, California, was sentenced in federal court Friday to 14 days in custody and ordered to pay a fine of $10,000 plus restitution of $1,360 for the cost of disposal of the pesticides, and to perform 120 hours of community service.
In pleading guilty, Morgan admitted that on November 19, 2020, he entered the United States from Mexico with 34 bottles of undeclared Mexican pesticides in his truck (DDVP 500U, containing the active ingredient of dichlorvos). Morgan owns a feed store in Compton, California, and admitted to agents that he intended to take the products to his store to sell them. Morgan further admitted that he was aware that the pesticide he was smuggling was illegal to import and use in the United States, and that he had smuggled it in on previous occasions.
The pesticide in the formulation smuggled by the defendant is illegal in the United States. Dichlorvos is lethal if ingested, absorbed through the skin, or inhaled. It is highly toxic to bees and birds, acutely toxic to fish and aquatic invertebrates, and can have chronic and long-lasting effects.
According to sentencing documents, DDVP 500U, the chemical smuggled by the defendant, is commonly found at locations where marijuana is illegally cultivated. Exposure to these pesticides during eradication efforts has caused law enforcement officers to be hospitalized and has polluted soils and streams and killed wildlife. Cannabis users are also at risk. In one study, the pesticide transfer rate into the blood stream of a cannabis smoker using a glass pipe was as high at 70 percent.
“The defendant was willing to risk the health of others and the environment for his own commercial profit,” said Acting U.S. Attorney Randy Grossman. “The U.S. Attorney’s Office is committed to keeping these dangerous chemicals out of the wrong hands.”
“These pesticides seized at our border are highly toxic and anyone attempting to smuggle them into the United States is not only committing a very serious crime, but also jeopardizing the health of those who are exposed to it,” said Cardell T. Morant, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) San Diego. “HSI and our law enforcement partners will continue to work together to prevent smugglers from illegally importing dangerous substances into this country.”
“The defendant’s efforts to deceive law enforcement by smuggling these pesticides into the United States put people at risk” said Scot Adair, Special Agent in Charge of the EPA’s criminal enforcement program in California. “U.S. EPA and its partner agencies will continue to fight against illegal imports of pesticides that pose a threat to human health and the environment.”
DEFENDANT Case Number 21cr0495-TWR
Mark Lee Morgan Age: 68 Santa Ana, CA
SUMMARY OF CHARGES
Smuggling – Title 18, U.S.C., Section 545
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCIES
Homeland Security Investigations
U.S. Environmental Protection Agency, Criminal Investigation Division
Palm Beach Resident Pleads Guilty to Conspiracy to Commit Wire FraudRead the Press Release
Miami, Florida – Fifty-year old Palm Beach County resident James Cleary pled guilty on Friday, August 6 to participating in a fraud scheme that bilked investors out of more than $393,500.
During Friday’s hearing before U.S. Magistrate Judge Bruce Reinhart in West Palm Beach, Cleary admitted his role in the scheme, which ran from 2015 to 2019. This included making baseless promises to would-be investors about the profitability of NIT Enterprises, a Palm Beach company that falsely marketed itself as being on the cusp of developing and producing radiation protective materials using an innovative technology. Cleary, who was not a licensed securities sales agent, also admitted to lying to investors by telling them that NIT was on the verge of making an initial public offering of stock. This created a false expectation that investors would double or triple their investments in a short amount of time. In fact, there was no IPO on the horizon for NIT. Cleary admitted that he reached most of his victims through cold calls and that he personally profited from the investor funds.
Cleary pled guilty to one count of conspiracy to commit wire fraud. U.S. District Judge Aileen Cannon, who sits in Fort Pierce, Florida, will sentence Cleary on a date to be announced. Cleary faces a maximum sentence of 20 years in federal prison.
As to the other defendants named in the information, the charges are mere allegations. Those defendants are presumed innocent unless and until proven guilty in a court of law.
The U.S. Securities and Exchange Commission (SEC) filed a parallel civil enforcement action against Cleary and others related to this activity.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, FBI Miami, and Russell C. Weigel, III, Commissioner, Florida Office of Financial Regulation (OFR), announced the guilty plea.
FBI Miami and OFR investigated this matter. SEC Miami Regional Office assisted. Assistant U. S. Attorney Lothrop Morris is prosecuting this 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 at http://pacer.flsd.uscourts.gov, under case no. 20-cr-80095.
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Owners of Florida Teacher Certification Exam Preparation Company Plead Guilty to Racketeering Conspiracy and Conspiracy to Commit Theft of Trade SecretsRead the Press Release
TALLAHASSEE, FLORIDA –Kathleen M. Jasper, 42, and Jeremy M. Jasper, 40, both of Estero, Florida, pled guilty today to racketeering (RICO) conspiracy and conspiracy to commit theft of trade secrets. Jason R. Coody, Acting United States Attorney for the Northern District of Florida, announced the guilty pleas.
Court documents reflect since January 2016, the Jaspers, who are both certified Florida teachers, stole content and conspired with others to steal content from the Florida Teacher Certification Exams (FTCE) and the Florida Educational Leadership Exam (FELE) and included the stolen content in the test preparation materials and services that were sold through their business, NavaEd, LLC (“NavaEd”) for personal profit.
NavaEd, LLC, was a company that offered tutoring and training to prepare prospective Florida educators to successfully take and pass the FTCE and the FELE. Passage of these exams are required for certification in the state of Florida. NavaEd offered training publications for sale worldwide directly through its website and through third-party e-commerce websites such as Amazon and Shopify. Both Kathleen and Jeremy Jasper took the FTCE and FELE multiple times – after having already passed the exams – in order see and memorize, or harvest, as many different exam questions as possible. The Jaspers also directed NavaEd employees and independent contractors to take the FTCE and FELE for the purpose of harvesting exam questions and answers.
The Jaspers and NavaEd customers shared the stolen FTCE and FELE test content with each other through email, phone, video conferencing, and messaging applications. The Jaspers republished the stolen FTCE and FELE test content – verbatim and almost verbatim – into NavaEd publications that were written to prepare future Florida teachers and school administrators for the certification exams. These publications and other NavaEd FTCE and FELE preparation materials were disseminated and used during NavaEd training seminars and tutoring sessions.
Both defendants face a potential maximum penalty of 20 years in prison for RICO conspiracy. Further, both defendants face a maximum penalty of 10 years in prison for conspiracy to commit theft of trade secrets.
The Jaspers’ sentencing hearings are scheduled for November 15, 2021, at 9:00 AM at the United States District Court in Tallahassee before the Honorable District Judge Allen Winsor.
This case was jointly investigated by the Florida Department of Law Enforcement, the United States Department of Education – Office of Inspector General, and the Florida Department of Education, with assistance by Pearson VUE, the company with whom the Florida Department of Education contracted to administer, and provide test security for, the FTCE and FELE. Assistant United States Attorney Justin M. Keen is prosecuting the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Northwestern PA Brothers Indicted in Cryptocurrency Investment SchemeRead the Press Release
ERIE, Pa. - Two residents of Pennsylvania have been indicted by a federal grand jury in Erie on charges of conspiracy to commit wire fraud, wire fraud and money laundering, Acting United States Attorney Stephen R. Kaufman announced today.
The 65-count Indictment named Shane Hvizdzak, 33, of Bradford, Pennsylvania and Sean Hvizdzak, 35, of Saint Marys, Pennsylvania, as defendants.
According to the Indictment presented to the court, the defendants conspired to defraud investors in a limited partnership that was represented as an investment in cryptocurrency. Investor funds were not invested in the manner represented to investors but were rather diverted into the defendants’ personal accounts and provided to entities having nothing to do with cryptocurrency. The defendants also provided false information about the purported investment’s performance to induce new investors to become involved and also lull those investors who had already become involved into a false sense of security. The funds of subsequent investors were also provided to initial investors and misrepresented as returns on their investment.
The law provides for a maximum total sentence of 810 years in prison, a fine of $12,500,000, or both for Shane Hvizdzak and a maximum total sentence of 550 years in prison, a fine of $7,000,000 or both for Sean Hvizdzak. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigation conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
New York woman admits to role in drug trafficking ringRead the Press Release
MARTINSBURG, WEST VIRGINIA – Argelianka Garcia, of New York, New York, has admitted to her involvement in a drug conspiracy that spanned several states, Acting U.S. Attorney Randolph J. Bernard announced.
Garcia, 44, pleaded guilty today to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine Hydrochloride and Cocaine Base.” Garcia admitted to working with others to distribute more than 98 grams of cocaine base, also known as “crack,” and more than 10 grams of cocaine hydrochloride from June to December 2019 in Berkeley and Jefferson Counties.
Garcia faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
This case is the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Assistant U.S. Attorney Lara Omps-Botteicher and Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, are prosecuting the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Find the related press release here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
New York Man Sentenced to 24 Months in Prison for Role in Identity Theft ConspiracyRead the Press Release
NEWARK, N.J. – A Bronx, New York, man was sentenced today to 24 months in prison for his participation in a scheme involving a network of individuals who used stolen payment card information in New Jersey and throughout the United States, Acting U.S. Attorney Rachael A. Honig announced.
Albert Miller, 29, previously pleaded guilty to aggravated identity theft before U.S. District Judge William J. Martini. Judge Martini imposed the sentence this morning in Newark federal court.
According to documents filed in this case and statements made in court:
Miller participated in a network of individuals who obtained stolen payment card information and utilized the information to make fraudulent purchases throughout the United States. Miller previously acknowledged that he recruited so-called “travelers,” who carried out the scheme. Miller personally profited from each of his recruits’ illicit transactions. Miller also acknowledged providing stolen payment card and other personal information to other members of the scheme to facilitate additional fraudulent transactions.
In addition to the prison term, Judge Martini also sentenced Miller to one year of supervised release and ordered him to pay restitution of $1.43 million.
Acting U.S. Attorney Honig credited special agents with the U.S. Secret Service, Newark Field Office, under the direction of Special Agent in Charge Mark McKevitt with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
New York Man Admits Conspiring to Defraud New Jersey of $19 Million in Motor Fuel TaxRead the Press Release
NEWARK, N.J. – A New York man today admitted to his role in a wire fraud conspiracy which defrauded the State of New Jersey of over $19 million in motor fuel tax, Acting U.S. Attorney Rachael A. Honig announced.
Roman Sobolevsky, 61, of Brooklyn, New York, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to an information charging him with one count of conspiracy to commit wire fraud.
According to documents filed in this case and statements made in court:
Between June 2019 and July 2020, Sobolevsky was the president of a Brooklyn-based motor fuel distribution company, identified in court documents as “Company-1.” Company-1 purchased motor fuel from a Texas-based motor fuel supplier (Fuel Supplier-1) at fuel terminals in Newark and Sewaren, New Jersey. Sobolevsky and others devised a scheme to falsely represent to Fuel Supplier-1 that Company-1 was delivering fuel to gas stations in Delaware, when, in fact, Company-1 was delivering fuel to gas stations in New Jersey. By doing so, Sobolevsky and Company-1 avoided paying New Jersey state fuel tax, which did not apply to fuel delivered outside of New Jersey. After Company-1’s fuel trucks picked up the fuel from Fuel Supplier-1, Sobolevsky directed the drivers to deliver the fuel to gas stations in New Jersey and not Delaware. The New Jersey gas station owners, knowing that Sobolevsky falsely represented to Fuel Supplier-1 that the fuel was being delivered to Delaware, purchased fuel from Sobolevsky and Company-1 at a lower price than other distributors. As a result, Sobolevsky and avoided paying approximately $19 million in motor fuel taxes owed to the State of New Jersey.
The conspiracy to commit wire fraud charge carries a maximum potential penalty of 20 years in prison and $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Dec. 14, 2021.
Acting U.S. Attorney Honig credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the directions of Special Agent in Charge Jason J. Molina, and the New Jersey Department of the Treasury, Division of Taxation, Office of Criminal Investigation, under the direction of Supervising Special Agent Marijane Lamattina, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Christopher Amore of the Government Fraud Unit in Newark.
New Orleans Woman Pleads Guilty to Bank Larceny in Theft of over $200,000 Using Patient Information Stolen from Metairie Medical ClinicRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that ASHLEY GREEN, age 41, pled guilty as charged on August 4, 2021, to a one count Bank Larceny Bill of Information. Her co-defendants, Brandon Livas, age 34 and Royale Lassai, age 29, both from New Orleans, Louisiana pled guilty as charged in July 2019 to a one count Bill of Information with Bank Larceny, a violation of Title 18, United States Code, Section 2113(b).
In papers filed with the court signed by GREEN, she admitted that Lassai was employed in a Metairie, Louisiana medical clinic. Lassai, without authority, obtained personal information of patients including dates of birth, social security numbers and addresses. Lassai sold the information to her cousin, GREEN, who used this information to fraudulently obtain debit cards issued by the victim banks, Capital One and Whitney. These fraudulently obtained cards were mailed to an address controlled by GREEN. GREEN and Livas then used the cards to withdraw at least $200,000 from the victims’ accounts. Lassai was paid at least $1,000 to pilfer the patient’s information.
GREEN faces up to ten (10) years incarceration, a $250,000 fine, restitution and up to three (3) years supervised release. GREEN must pay a mandatory $100 special assessment cost. Sentencing is set for December 8, 2021.
U.S. Attorney Duane Evans praised the work of the Jefferson Parish Sheriff’s Office and the United States Postal Inspection Service, in investigating the matter. Assistant United States Attorney Carter K.D. Guice, Jr. is in charge of the prosecution.
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New Orleans Resident Pleads Guilty to Conspiring to Distribute Cocaine and Crack in the ‘Goose’ Area of New Orleans EastRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that JOSEPH BROWN, age 45, a resident of Orleans Parish plead guilty today to conspiring to distribute 500 grams or more of cocaine and 28 grams or more of crack. BROWN is facing a sentence of five to forty years of imprisonment, a fine of up to $5,000,000, and at least four years of supervised release upon his release from prison. BROWN also faces a $100 mandatory special assessment cost.
According to court records, BROWN and four others, Lionel Cooley, Kendrick Demourelle, Kevin Gray, and Blake Monroe, conspired to sell illegal narcotics in New Orleans, including using a broken-down yellow school bus in the ‘Goose’ neighborhood in New Orleans East as a stash house. All five were indicted in February 2020, and, according to court records, a seized GMC Sierra pickup truck used by a member of this conspiracy contained nearly two kilograms of cocaine and 430 grams of crack. The evidence against BROWN includes numerous intercepted communications, physical and video surveillance, seized drugs, and witness statements. U.S. District Judge Wendy Vitter will sentence BROWN on November 5, 2021.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration, Jefferson Parish Sheriff’s Office, Hammond Police Department, New Orleans Police Department, and Slidell Police Department in investigating this matter. Assistant United States Attorney David Howard Sinkman is in charge of the prosecution.
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Muse Muse, the First of Three Lansing Men to Be Sentenced for Conspiring to Provide Material Support to Isis, Receives 78 Months in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Chief United States District Judge Robert J. Jonker sentenced Muse Muse, age 22, of Lansing, Michigan to serve 78 months in federal prison for conspiring to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”), a designated foreign terrorist organization. Following his release from prison, Muse Muse was ordered to serve 10 years of supervised release. The government sought a sentence of 178 months (nearly 15 years) in prison consistent with the sentence recommended by the United States Sentencing Guidelines.
On January 21, 2019, special agents of the Federal Bureau of Investigation and members of its Joint Terrorism Task Force arrested Muse Muse at the Gerald R. Ford International Airport in Grand Rapids, Michigan, after he checked in for a flight to the first of a series of destinations on his way to Mogadishu, Somalia, with the goal of joining ISIS. Shortly thereafter, his brother Mohamud Muse and cousin Mohamed Haji were arrested as co-conspirators. Immediately following his arrest, Muse Muse adopted a handwritten statement prepared for him by an FBI special agent that summarized his interest in ISIS and end goal regarding his support of ISIS. In part, Defendant admitted that he “wanted to join ISIS in Somalia so I wouldn’t have to do an attack in the United States.”
According to court documents, between December 2018 and January 2019, Muse Muse coordinated with an individual he believed to be a Somali ISIS fighter to wire funds to be used to purchase airline tickets for travel to Mogadishu, Somalia, where he believed he would meet an ISIS representative. All three defendants picked up money to provide Muse Muse the funds to travel to join ISIS, all three defendants pledged allegiance to ISIS in recorded videos, and all three submitted their videos to individuals they believed were associated with ISIS.
Additionally, records provided to the Court at sentencing demonstrated that throughout the conspiracy, all three defendants participated in numerous conversations during which they discussed traveling overseas to join ISIS and even adopted fighter aliases by which they would be known when fighting for ISIS. In one conversation between Muse Muse and Mohamed Haji on November 1, 2017, the two celebrated the deadly vehicle attack in New York City that occurred on October 31, 2017. Muse Muse sent the following image to Haji, who responded “Real civil war”:
Later, Haji and Defendant celebrated Defendant’s recent acquisition of a Michigan driver’s license. Haji began, “You’re a driver now” and “that’s good so you can drive that [martyrdom] car right.” Muse Muse responded, “Yes [God willing].” Muse Muse also said, “I’ve been thinking about getting a rifle and something” and “I’m starting to entertain these thoughts.” In March 2018, Muse Muse sent a message to a relative declaring: “I’m a terrorist” and “I’m going to Somalia [God willing].”
In January 2020, Muse Muse admitted that he: (1) agreed with one or more individuals to provide material support or resources (which includes personnel) to ISIS, a foreign terrorist organization; (2) knew that ISIS was a designated foreign terrorist organization or had engaged or engages in terrorist activity or terrorism; and (3) is a U.S. national and that part of the offense occurred in the United States. Muse Muse further admitted that the individuals he conspired with were his relatives and co-defendants, Mohamud Muse and Mohamed Haji. Mohamud Muse and Haji have each also pled guilty in connection with the plot and await sentencing.
In sentencing Muse Muse, the Court found that his age at the time of the offense, his lack of personal financial resources to finance overseas travel, and the potential for rehabilitation were among the factors considered by the Court in imposing the 78-month sentence. Due to the Court’s disagreement with the Sentencing Guidelines and because Muse Muse did not have a prior criminal history, the Court departed downward an additional 52 months from the applicable Sentencing Guideline sentence.
United States Attorney Andrew Birge stated, “Although we are disappointed and respectfully disagree with the sentence imposed by the Court, we applaud the FBI’s successful efforts to prevent this defendant from assisting a dangerous international terrorist organization to carry out attacks here or overseas. This sentence will ensure that, at least for the next six and one-half years, Muse Muse will not be able to join ISIS overseas to assist its members with committing violence. Detecting, preventing, and prosecuting terrorism offenses remains the highest priority for the Department of Justice and my office.”
“Muse Muse’s determination to join ISIS and harm Americans in Michigan and overseas was well documented during the investigation,” said Timothy Waters, Special Agent in Charge of the FBI’s Detroit Division. “The FBI’s Joint Terrorism Task Force works every day to prevent violence before it occurs, and once again I commend the outstanding work of our partners on the JTTF who work 24/7 to keep the citizens of Michigan safe.”
The FBI’s investigation was assisted by the Michigan State Police, Kent County Sheriff’s Office, Eaton County Sheriff’s Office, Michigan State University Police Department, Lansing Police Department, Grand Rapids Police Department, Gerald R. Ford Airport Police, the U.S. Marshals Service, and the Department of Homeland Security Transportation Security Administration, Federal Air Marshals, and Customs and Border Protection.
Assistant United States Attorneys Clay West and Christopher O’Connor are prosecuting the case with assistance from the National Security Division Counterterrorism Section.
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Montz Woman Pleads Guilty to Theft of Social Security Retirement Survivor Insurance Program FundsRead the Press Release
NEW ORLEANS – United States Attorney Duane A. Evans announced that IGEL CASANOVA GIBBINS (“GIBBINS”), age 44, of Montz, Louisiana, pled guilty today to Theft of Government Funds, in violation of Title 18, United States Code, Section 641.
The case against IGEL CASANOVA GIBBINS (“GIBBINS”) began after the State of Louisiana complied with a request from the Social Security Administration (“SSA”) to provide the SSA with death data of approximately 1.6 million Social Security number holders who had died in Louisiana from January 1, 1979, through December 31, 2019. As part of that data, the State of Louisiana disclosed that D.C., a participant in the SSA’s Retirement Survivor Insurance program (“RSI Program”), died on or about August 16, 2012.
Unaware of D.C.’s death, the SSA erroneously released approximately $202,417.00 in RSI Program funds from August 2012 through December 2020, via automatic wire transfers (i.e., direct deposit) to D.C.’s jointly held Capital One Bank (“Capital One”) account. GIBBINS, D.C.’s daughter, was a joint account holder of the Capital One account. D.C.’s RSI Program benefits were not transferrable to GIBBINS. Following the automatic deposit of RSI Program benefits, GIBBINS accessed the funds and wrongfully converted the funds to her own personal use, depleting nearly all account funds. The funds were used on purchase transactions or transfers out of the account to pay bills, for example, such as for mortgage payments and vehicle loan payments. GIBBINS never advised the SSA of D.C.’s death.
The SSA determined that GIBBINS fraudulently obtained $200,396 in SSA disability benefits from her father’s Capital One Bank account.
GIBBINS faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment. Sentencing in this matter is scheduled for November 16, 2021, before United States District Judge Jay C. Zainey.
The U.S. Attorney’s Office would also like to acknowledge the assistance of the Social Security Administration, Office of the Inspector General with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brian M. Klebba, Chief of the Financial Crimes Unit and Assistant U.S. Attorney Paige O’Hale.
Montgomery Man Convicted of Illegally Possessing A FirearmRead the Press Release
Montgomery, Ala. – On Monday, August 9, 2021, Timothy Jerome Russell, 43, from Montgomery, Alabama, was convicted by a federal jury for being a felon in possession of a firearm, announced Acting U.S. Attorney Sandra J. Stewart.
According to court records and evidence presented at trial, on August 16, 2018, Montgomery police officers were patrolling an area near Ann Street when they saw a vehicle with a suspended tag. When the driver of the car pulled into a gas station, the officers followed and made contact with Russell, who was the driver and only person in the vehicle. When officers ran his driver’s license through dispatch, they learned that Russell had several outstanding arrest warrants. Officers then had Russell exit the car and he was detained. When officers asked if anything illegal was in the car, Russell said he had marijuana and a pistol in the center console. The car was searched, and they found a Smith & Wesson .40 caliber handgun, along with marijuana and other controlled substances. Russell has a previous felony conviction and is prohibited from possessing firearms. He was indicted for being a felon in possession of a firearm by a federal grand jury on February 12, 2020.
Russell’s sentencing hearing will be schedule in the next few months and he faces a sentence of up to ten years in prison.
This case was investigated by the Montgomery Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorneys Brandon Bates and Brett Talley prosecuted the case.
Minneapolis Man Pleads Guilty to Armed Robbery Spree of Twin Cities BusinessesRead the Press Release
MINNEAPOLIS – A Minneapolis man pleaded guilty today to seven violent armed robberies of Twin Cities businesses, announced Acting U.S. Attorney W. Anders Folk.
According to court documents, on July 28, 2020, Derrick Lee Spillman, 40, robbed three Twin Cities businesses, including a Holiday gas station and two liquor stores. During the robberies, Spillman pointed handguns at employees and ordered them to the ground or physically assaulted them. On July 30, 2020, Spillman continued his crime spree by robbing two additional Holiday gas stations, a Speedway gas station, and a Subway restaurant. During these incidents, Spillman pointed a handgun at employees, racked the slide of the gun, and demanded cash from the registers.
Spillman pleaded guilty to seven counts of Hobbs Act robbery and one count of brandishing a firearm during and in relation to a crime of violence.
“Working in tandem with our federal and local law enforcement partners, we will continue to pursue, arrest, and prosecute violent, armed criminals such as Mr. Spillman,” said Acting U.S. Attorney W. Anders Folk.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
This case is the result of an investigation conducted by the FBI, the Minneapolis Police Department, the Fridley Police Department, the Brooklyn Center Police Department, the New Hope Police Department, and the St. Paul Police Department.
Assistant U.S. Attorney Justin A. Wesley is prosecuting the case.
Minneapolis Man Indicted for Violent Robbery of a Minneapolis BusinessRead the Press Release
MINNEAPOLIS – A Minneapolis man has been indicted by a federal grand jury for a Hobbs Act robbery that resulted in the shooting death of a store clerk, announced Acting U.S. Attorney W. Anders Folk.
According to court documents, on April 27, 2021, Marlow Ramsey Carson, 30, robbed Blue Sky Wireless and West Bend Furniture located in Minneapolis. During the robbery, Carson, armed with a 9mm semiautomatic handgun, used force, threats of force, violence, and injury, resulting in the victim’s death. Carson has prior felony convictions and is therefore prohibited from possessing firearms or ammunition at any time.
Carson is charged with one count of interference with commerce by robbery, one count of possession of a firearm as a felon, and one count of possession of ammunition as a felon. Carson made his initial appearance today in U.S. District Court before Magistrate Judge Becky R. Thorson.
This case is the result of an investigation conducted by the FBI, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Minneapolis Police Department.
Assistant U.S. Attorneys Harry M. Jacobs and Samantha H. Bates 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.
Merrimack Man Pleads Guilty to Drug Trafficking and Firearm ChargesRead the Press Release
CONCORD - Kyle Mehlhorn, 28, of Merrimack, pleaded guilty on Friday in federal court to multiple drug trafficking and firearm charges, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on October 27, 2020, Manchester police officers observed a vehicle with wrongfully attached license plates and made a traffic stop. Mehlhorn was the driver and he had a female passenger. A records check of Mehlhorn revealed his license and registration were suspended and he was placed under arrest. The passenger was cooperative and identified her belongings in the vehicle. On November 2, 2020, after obtaining a search warrant, Manchester police officers searched the vehicle and found over 209 grams of methamphetamine, over 28 grams of fentanyl, various items used in drug packaging, $13,800 in cash, and two loaded firearms. At the time of his arrest, Mehlhorn was a previously convicted felon and was prohibited from possessing firearms.
In January of 2021, Mehlhorn was arrested in Boston on a complaint from the District of New Hampshire. Mehlhorn was armed with a 9 mm handgun and was carrying a backpack containing over 196 grams of methamphetamine and over 187 grams of fentanyl. A subsequent search warrant for the vehicle revealed an additional .22 caliber handgun.
Mehlhorn is scheduled to be sentenced on December 1, 2021. He will forfeit the firearms and cash seized in January of 2021. The money and firearms seized in October of 2020 have already been forfeited.
“Armed drug dealers present a clear threat to public safety,” said Acting U.S. Attorney Farley. “Given the deadly risks posed by fentanyl and methamphetamine, this defendant’s drug trafficking endangered the community. Because he was armed with multiple firearms, this defendant’s criminal conduct could have jeopardized many additional lives. As this case demonstrates, we work closely with our law enforcement partners to identify and prosecute armed drug traffickers so we can protect residents of the Granite States from violent crime.”
“This case shows our unrelenting determination to eradicate the drug-fueled violence plaguing New Hampshire at the hands of previously convicted felons like Kyle Mehlhorn who continually demonstrate why they are a serious threat to public safety,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “In order to reduce violent crime, the FBI’s New Hampshire Safe Streets Task Force will continue to work with our law enforcement partners to do everything it can to stop the flow of illegal narcotics and firearms onto our streets.”
This matter was investigated by the Federal Bureau of Investigation with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Hampshire State Police, the Manchester Police Department, the Concord Police Department, the Gorham Police Department, and the Boston (MA) Police Department. The case is being prosecuted by Assistant U.S. Attorney Charles Rombeau. Assistant U.S. Attorney Robert Rabuck assisted with forfeiture aspects of this matter.
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Mashpee Wampanoag Member Sentenced for Role in Heroin Trafficking OrganizationRead the Press Release
BOSTON – A member of the Mashpee Wampanoag tribe was sentenced today in federal court in Boston for his role in a wide-ranging heroin trafficking conspiracy.
Joshua Johnson, 34, was sentenced by U.S. District Court Judge Allison D. Burroughs to time served plus an additional two weeks (for a total of approximately 13 months) in prison and three years of supervised release. On March 11, 2021, Johnson pleaded guilty to conspiracy to distribute heroin.
In May 2019, Johnson and 10 co-defendants were arrested and charged with various drug distribution offenses.
According to court documents, in 2019, law enforcement began investigating a Cape Cod drug trafficking organization, allegedly led by Edwin Otero. It is alleged that Otero and his co-conspirators distributed large quantities of heroin throughout Cape Cod, including Hyannis, Mashpee, Centerville and Osterville as well as Pawtucket, R.I. Interceptions from Otero’s phone identified Johnson as a drug trafficker supplied by Otero. In addition to moving sizeable quantities of heroin, the investigation revealed that members of the Otero crew allegedly shot at a drug customer over an unpaid debt and videotaped themselves beating another man they incorrectly believed had provided information to the police.
Johnson is the second defendant to be sentenced in this case and the fourth to have pleaded guilty. The remaining defendants have pleaded not guilty and are pending trial.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Barnstable Police Chief Matthew K. Sonnabend made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Man Sentenced to 20 Years in Prison after Committing Second Degree MurderRead the Press Release
A man was sentenced today in federal court for shooting and killing an acquaintance during a small gathering at a Tulsa hotel, announced Acting U.S. Attorney Clint Johnson.
U.S. District Judge Gregory K. Frizzell sentenced Johnny Little Cook, 43, to 20 years in federal prison. Cook was further ordered to pay $1,600 in restitution for the victim’s funeral expenses.
Cook pleaded guilty to second degree murder in Indian Country on May 5, 2021. In his plea agreement, Cook admitted to shooting and killing XZavior Frost on Feb. 24, 2021. Cook killed the victim at a Tulsa hotel during a small gathering in one of the rooms. His body was found by cleaning staff on Feb. 25, around noon.
During an investigation by the Tulsa Police Department Homicide Unit, witnesses stated that the victim entered the hotel room to join the group, and Cook, who was already there, pointed a gun at the victim and shot him. One witness who had just arrived at the hotel claimed he saw Cook run from the room and heard him say “either I killed him or he’s faking it.” Another witness said she witnessed Cook and the victim arguing the same day the victim was murdered.
Officers located and arrested Cook later on March 1. Cook stated in an interview that he felt threatened by the victim based on earlier incidents. He claimed that he thought the victim was reaching for a gun so he shot the victim. He then stated he thought the victim was reaching for another weapons so he shot him a second time. An individual who witnessed the crime stated that the victim possessed firearm in a holster but never drew the weapon.
Cook is a citizen of the Rosebud Sioux Nation, and the crime occurred on the Muscogee Nation reservation.
The Tulsa Police Department, FBI, and Muscogee Nation Lighthorse Police Department conducted the investigation. Assistant U.S. Attorney Reagan V. Reininger prosecuted the case.
Man Sentenced for Covid-19 Relief Fraud SchemeRead the Press Release
A Washington State man was sentenced today to two years in prison for perpetrating a scheme to fraudulently obtain COVID-19 disaster relief loans guaranteed by the Small Business Administration (SBA) through the Economic Injury Disaster Loan (EIDL) and the Paycheck Protection Program (PPP) under the Coronavirus Aid, Relief and Economic Security (CARES) Act.
Austin Hsu, 46, of Issaquah, pleaded guilty on Jan. 21. According to court documents, Hsu submitted nine fraudulent disaster loan applications seeking over $1.1 million. Hsu, the owner and CEO of a company named Blackrock Services P.S. dba Back 2 Health Bellevue (Back 2 Health), received EIDL and PPP funds for Back 2 Health, and then used the names of Back 2 Health’s current and former employees to apply for additional PPP loans under the names of four other companies that he owned and controlled. In support of the fraudulent PPP loan applications, Hsu submitted fake federal tax filings.
Hsu also incorporated a company named Blueline Capital LLC (Blueline) in June 2020 for the purpose of applying for an EIDL loan in July 2020, and then misrepresented to the SBA that Blueline had been in business since 2017 and that, as of Jan. 31, 2020, Blueline had nine employees and gross receipts of over $1.5 million. In truth, Blueline had no business or operations.
Six of Hsu’s nine fraudulent loan applications were approved, and he fraudulently obtained more than $700,000 in COVID-19 relief funds.
In addition to the prison sentence, Hsu was ordered to pay a fine in the amount of $25,000 and $709,104.97 in restitution.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington; Inspector General J. Russell George of the U.S. Treasury Inspector General for Tax Administration (TIGTA); Inspector General Gail S. Ennis of the Social Security Administration (SSA); Inspector General Hannibal “Mike” Ware of the SBA; and Special Agent in Charge Cardell Morant of U.S. Immigration and Customs Enforcement’s Homeland Security Investigation (HSI) made the announcement.
This case was investigated by the TIGTA, SSA – Office of Inspector General (OIG), SBA – OIG, and HSI.
Trial Attorney Christopher Fenton of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Steven Masada of the Western District of Washington are prosecuting the case.
The Fraud Section leads the department’s prosecution of fraud schemes that exploit the PPP. In the months since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at: https://www.justice.gov/criminal-fraud/ppp-fraud.
In May, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Macon Jury Convicts Armed Career Criminal on Gun, Heroin, Meth ChargesRead the Press Release
MACON, Ga. – A federal jury convicted a Macon resident with a lengthy criminal history of possession with intent to distribute methamphetamine, heroin and Tramadol, as well as illegally possessing a firearm and possessing a gun in furtherance of drug trafficking this afternoon.
Kelvin Henry, 56, of Macon, was found guilty of one count of possession with intent to distribute methamphetamine, one count possession with intent to distribute heroin, one count possession with intent to distribute Tramadol, one count possession of a firearm by a convicted felon and one count possession of a firearm in furtherance of a drug-trafficking crime following a two-day trial that began on Monday, August 9 in Macon federal court. Henry is facing a mandatory minimum of fifteen years up to a maximum of life in prison plus a maximum $10,000,000 fine for his crimes. Sentencing before U.S. District Judge Tilman (Tripp) Self is scheduled for November 2, 2021. There is no parole in the federal system.
“The U.S. Attorney’s Office will continue to do everything in our power to reduce violence and crime in the Middle District of Georgia, and armed career criminals who deal drugs and tote guns will be held accountable,” said Peter D. Leary, the Acting U.S. Attorney for the Middle District of Georgia. “I want to commend the Bibb County Sheriff’s Office and DEA for their work investigating this case and helping us bring the defendant to justice.”
“The conviction of the armed repeat offender in this case exemplifies the clear and present danger of drugs like ‘meth,’ heroin, and prescription pills such as tramadol, poses to our communities,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Because of the collective efforts between DEA and its law enforcement partners, this defendant will spend well-deserved time in prison when sentenced.”
According to court documents and evidence presented at trial, a confidential source (CS) informed agents in January 2019 that Henry was selling crystal methamphetamine, heroin and other illegal drugs from his Macon residence for the past eight years. Following an investigation, a search warrant was issued, and law enforcement searched Henry’s property on March 7, 2019, recovering a semi-automatic pistol, bundles of cash, and more than a kilogram of drugs, including methamphetamine, heroin and Tramadol. Henry is considered an armed career criminal due to his lengthy criminal record, which includes seven felony convictions, among them convictions for possession with intent to distribute methamphetamine and possession with intent to distribute cocaine in Peach County.
The case was investigated by the Bibb County Sheriff’s Office and DEA.
Assistant U.S. Attorney William Keyes and Paul McCommon are prosecuting the case.
Lumberton Man Pleads Guilty to ID TheftRead the Press Release
WILMINGTON, N.C. – A Lumberton man pleaded guilty today to the possession of another’s identification document with the intent to defraud the United States, in violation of 18 U.S.C. § 1028(a)(4).
According to court documents, Chad Hunt, 43, was working on a drywall contract for the United States Government in Fayetteville, North Carolina. Hunt unlawfully possessed and provided the valid driver’s license of another individual, cleared to work on the site, to one of his workers who had not received clearance to be on the job. Using the false identification, the worker accessed the work site in contravention to the security protocols in place on numerous occasions between June 4 and July 3, 2020.
Hunt pleaded guilty to the possession of the identification document and faces a maximum penalty of 12 months in prison. Sentencing is set to occur in December, 2021.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after United States Magistrate Judge Robert B. Jones accepted the plea. The Federal Bureau of Investigation is investigating the case.
A copy of this press release is located on our website. Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 5:21-cr-00235-FL.
Las Vegas Man Indicted for Carrying Eight Pounds of Meth Aboard BusRead the Press Release
KANSAS CITY, Mo. – A Las Vegas, Nevada, man was indicted by a federal grand jury today for possessing more than eight pounds of methamphetamine in his duffel bag aboard a bus passing through Kansas City, Missouri.
Reginald S. Thomas Sr., 52, was charged with possessing methamphetamine with the intent to distribute in an indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a criminal complaint that was filed against Thomas on July 28, 2021.
According to an affidavit filed in support of the original criminal complaint, a police service canine alerted to the presence of drugs in a duffel bag that was among the luggage of a bus from Los Angeles, California, that arrived at a bus station in Kansas City, Mo., on July 28, 2021. Thomas, the owner of the duffel bag, was questioned by law enforcement officers.
When officers searched the duffel bag, they found a grey denim backpack that contained seven bundles. Those bundles, the affidavit says, contained approximately 8.1 pounds (3.674 kilograms) of methamphetamine.
The charge contained in this indictment is simply an accusation, and not evidence of guilt. Evidence supporting the charge must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Ashleigh A. Ragner. It was investigated by the Drug Enforcement Administration and the Missouri Western Interdiction Narcotics (MOWIN) Task Force.
La Crosse Man Sentenced to 7 Years for Trafficking Fentanyl and CocaineRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Jesse J. Stringer, 33, La Crosse, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 7 years in federal prison for possessing with intent to distribute 40 grams or more of fentanyl. This prison term will be followed by 4 years of supervised release. Stringer pleaded guilty to this charge on May 24, 2021.
On September 23, 2020, La Crosse Police Department officers purchased 6.3 grams of fentanyl from Stringer through a confidential informant in La Crosse. The next day, officers purchased 6 grams of fentanyl from Stringer, again through a confidential informant in La Crosse. On October 13, 2020, law enforcement officers obtained a search warrant for Stringer’s apartment in La Crosse, and found 86 grams of fentanyl, 81 grams of crack cocaine, 259 grams of powder cocaine, and $15,600 in cash.
In imposing sentence, Judge Peterson noted the particular danger posed by fentanyl, Stringer’s sustained involvement in this drug activity, his criminal history, and the fact that he committed these crimes while out on bond for multiple open state cases involving drug charges.
The charge against Stringer was the result of an investigation conducted by the La Crosse and Town of Campbell Police Departments, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The La Crosse County District Attorney’s Office also provided assistance in this case. The prosecution of the case has been handled by Assistant U.S. Attorney Steven P. Anderson.
Kent, Washington man who engaged in looting during downtown Seattle civil unrest sentenced for illegally possessing firearmRead the Press Release
Seattle —A 33-year-old Kent, Washington man was sentenced today in U.S. District Court in Seattle to two years in prison for being a felon in possession of a firearm during civil unrest and looting in downtown Seattle, announced Acting U.S. Attorney Tessa M. Gorman. Al M. Talaga was arrested in September 2020, following an investigation of events that began June 1, 2020. At the sentencing hearing today U.S. District Judge James L. Robart told him, “You can’t have guns. We’re talking about a phenomenon plaguing our city.”
“This defendant was one of a fairly small number of people who hijacked otherwise lawful protests, intended to highlight the issue of racial injustice, to vandalize and steal merchandise from a small business that had been closed for months due to COVID-19,” said Acting U.S. Attorney Gorman. “He chose to make the situation even more dangerous by bringing loaded firearms into the area.”
According to the criminal complaint, on June 1, 2020, Seattle Police officers responded to reports of a break-in and looting at the Sneaker City store on Pike Street in downtown Seattle. When police arrived, various suspects were running away from the store. Witnesses said some of the looters had loaded merchandise into a Dodge Magnum that was parked near the store. In checking the car for suspects, police officers noted a number of items that appeared to have been taken from the store, as well as a firearm in the driver’s side door panel of the car.
Police impounded the car and traced its ownership to Talaga. A court-authorized search of the car revealed that there were two firearms in the car. In addition to the loaded .40 caliber Glock in the side pocket of the door, investigators found a second loaded handgun under the floor mat on the passenger side of the car. A law enforcement database check verified that the .40 caliber pistol under the floor mat had been reported stolen in 2019 from a residence in Tacoma during a home invasion robbery.
Talaga is prohibited from possessing firearms due to a 2005 conviction in King County Superior Court for Second Degree Robbery.
In asking for a 30-month sentence Assistant United States Attorney Kate Crisham wrote in her sentencing memo, “In this case, Talaga had two easily accessible, loaded firearms in an unlocked car that he and others used as a receptacle for the stolen merchandise they looted from the store. A witness observed the looters make multiple trips to Talaga’s car with stolen merchandise. As the Probation Officer noted, if security or responding law enforcement officers had confronted the looters near the car, the firearms very well could have come in to play.”
The case was investigated by the Seattle Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The case is being prosecuted by Assistant United States Attorney Kate Crisham.
KC Man Pleads Guilty to Illegal Firearm Used in Fatal ShootingRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man has pleaded guilty in federal court to illegally possessing the firearm he accidentally fired in a fatal shooting at the Kansas City Zoo.
Anthony R. Meneses, 28, pleaded guilty before U.S. District Judge Greg Kays on Monday, Aug. 9, to being a felon in possession of a firearm.
According to an affidavit filed in support of the federal criminal complaint, Kansas City police officers were called to the scene of an accidental shooting in a parking lot at 6800 Zoo Drive, Kansas City, Mo., on Aug. 9, 2020. The victim, identified in court documents as “J.S.,” had been shot while he was sitting in the driver’s seat of a 2005 Toyota Camry, which was occupied by three other persons.
Meneses was sitting behind the driver’s seat; there was another passenger in the back seat and in the front passenger seat. Meneses grabbed the gun, a Glock 9mm pistol, from the back pocket of the driver’s seat when the gun accidentally fired. The bullet traveled though the driver’s seat, striking J.S. in the chest.
J. S. was transported to Research Medical Center where he was later pronounced deceased.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Meneses has a prior felony conviction for tampering with a motor vehicle.
This case is being prosecuted by Assistant U.S. Attorney Bradley K. Kavanaugh. It was investigated by the Kansas City, Mo., Police Department, the FBI, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Operation LeGend
Operation LeGend is a federal partnership with local law enforcement to address the increase in homicides and violent crime in Kansas City, Mo., in 2020. The operation honors the memory of four-year-old LeGend Taliferro, one of the youngest fatalities during a record-breaking year of homicides and shootings. Additional federal agents were assigned to the operation from the FBI, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.
Justice Department Settles Claim Against Akal Security to Enforce Servicemember’s USERRA RightsRead the Press Release
The Justice Department announced today that it finalized the settlement of a claim against Akal Security to protect rights guaranteed to a military reservist, Chief Petty Officer Robert M. Diaz (Ret.), by the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
Since 2005, Diaz has worked as a full-time Court Security Officer (CSO) at the Moakley Federal Courthouse in Boston. He also served our country as a member of the Coast Guard Reserve, and from October 2012 to September 2015 was on an active duty military deployment. Akal Security managed the CSO contract in 2012, at the time Diaz left for military service. When he returned from service, Diaz returned to his CSO job, but his pension was not credited with the time he would have worked as a CSO but for his military duty, as required by USERRA. In the settlement agreement announced today, Akal will compensate Diaz for the pension credits and benefits he lost during this period in service to the country.
“We are grateful to Mr. Diaz and the other men and women of our Armed Forces for the sacrifices they make in service to this country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “When our country calls servicemembers to duty, the Civil Rights Division will vigorously enforce the laws designed to protect them from discrimination in their civilian jobs, including ensuring that they receive proper pension benefits.”
“Our laws protect the civilian careers of the brave men and women who serve our country. The Department of Justice is committed to enforcing those laws when employers violate them,” said Acting U.S. Attorney Fred Federici for the District of New Mexico. “Members of the Reserves are often called away from their civilian jobs in order to provide the security upon which our nation depends. They should not have to fear losing their jobs or, as here, their pension benefits, when they answer that call.”
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations. USERRA also requires pre-deployment employers to provide pension benefits when their employees are called to active duty. The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.justice.gov/crt-military/employment-rights-userra and www.justice.gov/servicemembers as well as on the Department of Labor’s (DOL) website at www.dol.gov/vets/programs/userra.
This case stems from a referral by the U.S. Department of Labor, at Diaz’s request, after an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by Jeffrey Morrison in the Employment Litigation Section of the Department of Justice’s Civil Rights Division and Assistant U.S. Attorney Manuel Lucero in the U.S. Attorney’s Office for the District of New Mexico.