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Monday 9 August 2021
Rochester Woman Sentenced to A Year in Prison and Ordered to Pay Restitution for Her Role in Arsons During May 2020 Violent ProtestsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mackenzie Drechsler, 20, of Rochester, NY, who was convicted of rioting for her role in violent protests held in the City of Rochester in May 2020, was sentenced by U.S. District Judge David G. Larimer to serve one year and one day in prison, two years of supervised release, and restitution totaling $8,674, $3,775 to the City of Rochester, and $4,899 to the N.Y. State Attorney General’s Office.
Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. During the late-afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.
At approximately 6:00 p.m. on May 30th in downtown Rochester, Dreschler assisted others in attempting to light fabric on fire. The fabric was stuffed into the gas tank of a parked car belonging to the City of Rochester Family Crisis Intervention Team (FACIT). At approximately 6:20 p.m., the FACIT car began to smoke and shortly thereafter became engulfed in flames. The car was a total loss. Dreschler also set fire to an official vehicle owned by the New York State Attorney General’s Office, after crouching down, placing cardboard inside the vehicle and then walking away. Approximately one minute later, smoke began billowing from the car, and as the fire grew, the car became engulfed in flames. The car was a total loss. Following her actions in the burning of the two cars, Drechsler also participated in breaking glass during looting that took place.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Rochester Fire Department, under the direction of Fire Chief Felipe Hernandez, Jr.
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Rhode Island, Massachusetts Healthcare Provider Resolves Allegations of Discriminatory PracticesRead the Press Release
PROVIDENCE, R.I. – The United States Attorney’s Offices in the Districts of Rhode Island and Massachusetts, and the Department of Health and Human Services (HHS), announced today that they have reached agreement with twelve skilled nursing facilities in Rhode Island and Massachusetts operated by Genesis HealthCare Inc, to resolve allegations that the facilities denied admission to prospective residents because they were taking an FDA-approved medical treatment to treat Opioid Use Disorder (OUD), in violation of the Americans with Disabilities Act (ADA), the Patient Protection and Affordable Care Act, and the Rehabilitation Act.
The investigation was opened after the U.S. Attorney’s Offices received complaints alleging that individuals were denied admission to Genesis facilities located in Rhode Island and Massachusetts because they were being treated with buprenorphine or methadone, medications used to treat OUD. Many individuals receiving medication to treat OUD have a disability under federal civil rights laws. The complainants were seeking admission for health issues unrelated to their dependency, but also needed the facilities to administer medication for OUD, as they would administer any other medication for any other chronic illness. In cooperation with the U.S. Attorney’s Offices, HHS initiated an investigation to determine whether, and to what extent, these facilities were refusing to admit individuals taking medication to treat OUD.
Under the terms of the agreement, the twelve skilled nursing facilities operated by Genesis HealthCare in Rhode Island and Massachusetts will, among other things, adopt a non-discrimination policy, and provide training on federal civil rights laws and OUD to admissions personnel. The company will also pay a civil penalty of $60,000. $50,000 of the penalty will be suspended and forgiven if the Genesis designated facilities comply with the terms of the agreement.
“As Rhode Island and the rest of the country continues to confront an overdose crisis, individuals in recovery should never have to face discriminatory barriers to healthcare,” said Acting United States Attorney for the District of Rhode Island Richard Myrus. “Elimination of these discriminatory barriers is not only a right under federal civil rights laws, it can be a matter of life and death. We appreciate Genesis’s cooperation in modifying its policies for compliance with the ADA, and we encourage other skilled nursing facilities to proactively do the same.”
“The ADA is the law of the land, and the ADA makes it illegal to discriminate against people with disabilities – including Opioid Use Disorder,” said Acting United States Attorney for the District of Massachusetts Nathaniel R. Mendell. “All providers must comply with the ADA, and we are happy to vindicate the rights of those in recovery by protecting their fair access to necessary treatment.”
“Secretary Becerra has made advancing the goal of ending the Opioid Crisis a key priority for HHS, particularly since the COVID-19 pandemic has exacerbated this deadly crisis. This agreement and the steps that Genesis is taking across its facilities advances this important goal by ensuring civil rights laws protect healthcare access for people who are in treatment for Opioid Use Disorder,” said HHS Acting OCR Director Dr. Robinsue Frohboese.
This matter was handled by Assistant U.S. Attorney Amy Romero in the District of Rhode Island, Assistant U.S. Attorney Sara Bloom in the District of Massachusetts, and HHS Supervisory Equal Opportunity Specialist Erin Walker.
The U.S. Attorney’s Offices for the District of Rhode Island and Massachusetts are committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about the Americans with Disabilities Act may access www.ada.gov, visit the web site of the United States Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TTY).
Information about filing a complaint in Rhode Island, including instructions for filing a complaint online, can be found at https://www.justice.gov/usao-ri/civil-rights-enforcement.
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Philadelphia man sentenced to 10 years for role in cocaine, heroin, and fentanyl distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Leroy Raymond Griffin, of Philadelphia, Pennsylvania, was sentenced today to 120 months of incarceration for his role in a cocaine, heroin, and fentanyl distribution operation, Acting U.S. Attorney Randolph J. Bernard announced.
Griffin, age 41, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin” in October 2019. Griffin admitted to distributing heroin in Berkeley County in December 2018.
Assistant U.S. Attorney Lara K. Omps-Botteicher, Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, and Assistant U.S Attorney Timothy D. Helman, prosecuted the case on behalf of the government. The Federal Bureau of Investigation; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Berkeley County Prosecuting Attorney’s Office, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Modesto Men Plead Guilty to Drug ConspiracyRead the Press Release
FRESNO, Calif. — Modesto residents Genaro Serrato Calles, 49, and Antonio Valencia Hernandez, 65, pleaded guilty today to conspiring to distribute methamphetamine and heroin, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Serrato and Valencia, along with Antonio Castellanos, 38, of Whittier, and Jose Reyes Pineda, 48, of Anaheim, were charged with conspiring over a two-year period to distribute methamphetamine and heroin in Stanislaus and San Joaquin Counties. In pleading guilty, Serrato acknowledged that he supplied heroin to Valencia for distribution and also had Valencia pick up about 11 pounds of methamphetamine from Reyes in Anaheim for distribution in Modesto. Serrato also made arrangements with Castellanos to store and repackage for distribution about 20 pounds of methamphetamine at a stash house in Modesto.
This case is the product of an investigation by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; the San Joaquin County Metropolitan Narcotics Task Force; the Stanislaus Drug Enforcement Agency; and the Orange County Sheriff’s Special Investigations Bureau. Assistant U.S. Attorneys Karen Escobar and Melanie Alsworth are prosecuting the case.
Serrato and Valencia are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Nov. 8, 2021. Castellanos previously entered a guilty plea to the drug conspiracy and is scheduled to be sentenced on Oct. 18, 2021. Serrato and Valencia face a maximum statutory penalty of life in prison, a statutory mandatory minimum prison term of 10 years, and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
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 www.justice.gov/OCDETF.
Members of Brooklyn-Based “Ninedee Gang” Indicted for Racketeering and the Murder of a Former Federal WitnessRead the Press Release
Earlier today, a nine-count superseding indictment was unsealed in federal court in Brooklyn charging four members of the Ninedee Gang, a violent street gang based at the Louis H. Pink Houses (“Pink Houses”) in East New York, with racketeering, murder in-aid-of racketeering, drug trafficking, firearms offenses and robbery. The new charges were announced against defendants Quintin Green, Chayanne Fernandez, Maliek Miller and Kevin Wint. Green and Wint were arrested this morning and will be arraigned this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. Fernandez and Miller were already in federal custody as a result of prior charges and will be arraigned at later date.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Jacqueline Maguire, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the arrests and charges.
“It is our hope that today’s charges against members of the Ninedee Gang bring some solace to the family of Shatavia Walls as we seek justice for her senseless, cold-blooded murder,” stated Acting United States Attorney Kasulis. “This Office and its law enforcement partners are committed to ending the brutality that violent gangs so wantonly inflict on citizens in our communities. I commend the FBI special agents and the NYPD detectives for their relentless investigative work on the case.”
“This investigation serves as a warning to criminals who behave as if there are no consequences to their actions. We have the ability in the federal criminal justice system to put these violent gang members away for a long time, and we will persist in our efforts to get them off the streets. Our outstanding partnership with the NYPD allows us to pursue the most violent and persistent offenders and hold them accountable for their blatant disregard for human life and safe communities,” stated FBI Acting Assistant Director-in-Charge Maguire.
“The NYPD remains committed to providing every resource possible to dismantling the violent gangs and crews that prey on New Yorkers. I commend our police investigators and the prosecutors in the United States Attorney’s Office for the Eastern District of New York for leading us to justice with this federal indictment,” stated NYPD Commissioner Shea.
As detailed in the superseding indictment and court filings, the Ninedee Gang is a criminal enterprise operating in East New York, Brooklyn. The gang’s leaders, including Wint, promoted the gang on social media and in rap videos, highlighting its violence, drug sales and fraudulent activities.
The plan to kill Walls was allegedly hatched by Green, Fernandez, Miller and others following a dispute on the Fourth of July 2020 over the lighting of fireworks. During a confrontation with the victim, Miller called her a “snitch” and fired a gunshot into the air. Walls had been called as a government witness one year earlier during a federal criminal trial in Brooklyn and testified that she had been shot by another Pink Houses gang member.
On the evening of July 7, 2020, Ninedee Gang members, including Green and a juvenile male, opened fire on Walls as she walked through a courtyard at the Pink Houses. Walls was shot multiple times and succumbed to the gunshot wounds on July 17, 2020. Ballistic evidence recovered from the scene of the fatal shooting showed that one of the handguns used to kill Walls matched the firearm used by Miller on the Fourth of July. In the days following Walls’ murder, the defendants posted on Facebook a newspaper article about the murder and claimed credit on behalf of the Ninedee Gang.
Additionally, Green is charged with the Hobbs Act robbery of a Target store on Staten Island on November 3, 2020; Wint with access device fraud; Fernandez, Miller and Wint with conspiracy to distribute marijuana; and Green, Fernandez and Miller with unlawful use and possession of firearms.
The charges in the superseding indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
If convicted of murder in-aid-of racketeering, Green, Fernandez and Miller face a mandatory sentence of life imprisonment and are eligible for the death penalty. If convicted of racketeering, Wint faces up to 20 years’ imprisonment, and up to 15 years’ imprisonment for accessory after the fact to Walls’s murder.
The government’s case is being handled by the Office’s Organized Crime and Gang Section. Assistant United States Attorneys James P. McDonald and Emily J. Dean are in charge of the prosecution.
The Defendants:
QUINTIN GREEN (also known as “Wild Child”)
Age: 20
Brooklyn, New YorkCHAYANNE FERNANDEZ (also known as “White Boy”)
Age: 21
Brooklyn, New YorkMALIEK MILLER (also known as “Leak”)
Age: 27
Brooklyn, New YorkKEVIN WINT (also known as “Kev G”)
Age: 27
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-331 (S-1) (LDH)
Manchester Man Sentenced to 60 Months for Drug TraffickingRead the Press Release
CONCORD - Robert Lefebvre, 59, of Manchester, was sentenced to 60 months in federal prison for possession of cocaine base and fentanyl with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on June 12, 2020, Manchester police executed a residential search warrant. After seven occupants exited the apartment, SWAT members conducting a protective sweep located a locked bedroom with no response from the occupants of the room. Once officers breached the door, they located Lefebvre and a woman. A search of the room yielded, among other things, a baggie containing 14 grams of crack cocaine, a backpack containing documents associated with Lefebvre, scales, $8,960, over 99 grams of fentanyl and over 12 grams of cocaine. Lefebvre also had an additional $1,568 on his person.
“Drug traffickers who peddle fentanyl and other dangerous drugs are a threat to the citizens of New Hampshire,” said Acting U.S. Attorney Farley. “To protect the residents of Manchester and other communities in the Granite State, we are working closely with our law enforcement partners to identify and prosecute the drug dealers who seek to profit from selling fentanyl. As this defendant has learned, those who choose to sell fentanyl in Manchester will find themselves in federal prison.”
Lefebvre previously pleaded guilty on April 29, 2021. In addition to his sentence, Lefebvre forfeited $10,528 in cash seized at the time of his arrest.
This matter was investigated by the Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth. The forfeiture was handled by Assistant U.S. Attorney Robert Rabuck.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Man who Kidnapped Teenager from Minnesota and Brought her to Iowa Sentenced to over a Decade in PrisonRead the Press Release
A man who maintained a long term online grooming relationship with a minor teenager via social media, which ended with him secretly driving her to Iowa and hiding her in a park while her parents tried to locate her, was sentenced today to more than ten years in federal prison.
Randy Abels, age 27, from Lowden, Iowa received the prison term after a guilty plea to receipt of child pornography.
At the guilty plea, Abels admitted he knowingly received visual depictions of child pornography from the victim. At sentencing, the judge noted that Abels was a “predator” who “kidnapped” the victim from her home after grooming her online. Abels pursued the victim and physically transported her from Minnesota to Iowa after being previously caught and confronted by her parents. In an attempt to avoid being caught, he hid her at a park.
Abels was sentenced in Cedar Rapids by United States District Court C.J. Williams. Abels was sentenced to 121 months’ imprisonment and fined $100. He must also serve a ten-year term of supervised release after the prison term. There is no parole in the federal system.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Abels is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Liz Dupuich and investigated by the Federal Bureau of Investigation and the Cedar County Sherriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-0002.
Follow us on Twitter @USAO_NDIA.
Man Pleads Guilty for Shooting a Teenager during a Road Rage IncidentRead the Press Release
A Tulsa man arrested for shooting a teenager in a 2018 road rage incident pleaded guilty today in federal court, announced Acting U.S. Attorney Clint Johnson.
Joshua Fort, 41, pleaded guilty to assault with a dangerous weapon with intent to do bodily harm in Indian Country. U.S. District Judge Gregory K. Frizzell will sentence Fort on Dec. 17, 2021.
“Joshua Fort pulled a gun on a teenager during a traffic dispute. He shot the young man then tried to blame the shooting on the victim,” said Acting U.S. Attorney Clint Johnson. “I am thankful the victim survived the incident and that he has since recovered from his injuries. There are legal consequences to road rage especially when that rage turns violent.”
Fort stated in a plea agreement that on June 23, 2018, he intentionally shot the teenager with a handgun during a fight Fort initiated. The victim was wounded in the arm, requiring surgery.
The incident first started when the parties pulled into a parking lot at 9447 E. 31st Street in Tulsa due to a traffic dispute. The defendant stepped out of his vehicle, pulled a gun on the driver and victim, and started an argument. According to witnesses, Fort verbally threatened to shoot the two then grabbed the victim by the neck, trying to strangle him. The victim fought back and then Fort shot him. The victim and driver left the scene to receive medical care.
When officers arrived at the scene, they made contact with Fort, who fit the description of the reported shooter. Officers observed a .38 caliber revolver on the sidewalk in front of the defendant’s vehicle, a pool of the victim’s blood beside the vehicle and a trail of blood that led around the vehicle and into the parking lot. Fort initially told officers that the victim and driver had the gun and started the altercation in the parking lot after he pulled in. He said that the gun was dropped and he didn’t know how it went off. The evidence indicated otherwise. During a search of Fort, officers observed a gun holster on the defendant that appeared to match the .38 used in the shooting and located a spent .38 caliber shell casing in his right pocket. Two more rounds were found in the lining of Fort’s shorts. Video surveillance was also located that verified the witnesses’ and victim’s statements.
Fort is a citizen of the Cherokee Nation, and the crime occurred within the Muscogee Nation reservation. The defendant was previously convicted in Tulsa County District Court for the offense but appealed his conviction based on the Supreme Court’s McGirt decision.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case.
Local Man Pleads Guilty to Placing a Backpack of Destructive Devices in Downtown PittsburghRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, has pleaded guilty in federal court to a charge of violating federal firearms law, Acting United States Attorney Stephen R. Kaufman announced today.
Matthew Michanowicz, 53, formerly of Duquesne Heights, pleaded guilty to one count before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that on May 31, 2020, Michanowicz knowingly and unlawfully possessed firearms, that is, three destructive devices, which were not registered to him in the National Firearms Registration and Transfer Record. Specifically, Michanowicz admitted that, on or about May 31, 2020, he placed three, unregistered homemade destructive devices in a camouflage backpack at 2 PNC Plaza in downtown Pittsburgh.
Judge Ambrose scheduled sentencing for Dec. 13, 2021 at 10:00 a.m. The law provides for a total sentence of not more than ten years in prison, a fine of $250,000, 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.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, Pittsburgh Bureau of Police and the Allegheny County Sheriff’s Office conducted the investigation that lead to the prosecution of Michanowicz.
Judge Sentences Convicted Murderer to More than 18 Years in Prison for Federal Drug and Gun Law ViolationsRead the Press Release
PITTSBURGH – Douglas Tyrone Williams, Jr., aka “Chrome”, currently age 41, formerly of Penn Hills, PA and East Pittsburgh, PA, was sentenced on August 5, 2021 by Chief United States District Judge Mark R. Hornak to 220 months of incarceration followed by five years of supervises release by United States Probation Officers, as a result of his conviction of federal drug and gun crimes.
According to information presented to the court, Williams was on state parole after serving a lengthy sentence for his prior murder conviction in Allegheny County when he opened a Boost Mobile store in Penn Hills and began committing additional crimes.
The court was advised that the Drug Enforcement Administration had an ongoing investigation regarding overdoses caused by the use of stamp bags marked “CEO”. The Pennsylvania State Police arrested a street level drug dealer in possession of some of these stamp bags and notified the DEA. The DEA utilized information from that investigation to identify, arrest, and convict the individual’s supplier. In turn, that investigation led to the next person up the ladder, Douglas Tyrone Williams. In the course of investigating Williams, the DEA utilized law enforcement methods that included recording Williams’ cellphone conversations, recording his meetings with coconspirators, conducting both mobile and static surveillance, and executing federal search warrants at locations that included his vehicle and his Boost Mobile store. At trial, the jury learned that Williams was arrested as he attempted to sell the 15,000 stamp bags of heroin that were in his possession.
According to evidence presented at trial, the search of Williams’s Boost Mobile store revealed an additional 123 grams of “black tar” heroin, nearly $14,000.00 in cash, jewelry, four guns (two assault rifles, a 9 mm pistol and a .45 caliber pistol) and a money counter. Each of the guns was either stolen or had the serial number obliterated. Under federal law, the defendant’s possession of even a single firearm or piece of ammunition was illegal because of his prior felony convictions.
Prior to imposing the sentence on Williams, Chief Judge Hornak indicated that the government’s evidence at trial was “overwhelming” and that the current sentence was sufficient but not greater than necessary under the circumstances.
Assistant United States Attorney Ross E. Lenhardt and Special Assistant United States Attorney Chad R. Parks, a prosecutor with the Beaver County District Attorney’s Office, prosecuted this case on behalf of the government.
Acting United States Attorney Stephen R. Kaufman commended the Drug Enforcement Administration for the investigation that led to the prosecution of Williams, Jr. and emphasized the significant assistance they received from many other law enforcement departments including the Pennsylvania State Police, the Coraopolis Police Department, the Penn Hills Police Department, the Monessen Police Department, the Robinson Township Police Department, the Canonsburg Police Department, and the Pennsylvania Office of the Attorney General.
Jackson County Man Sentenced to Federal Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Jackson County man was sentenced today to 36 months in federal prison for being a felon in possession of a firearm.
According to court documents and statements made in court, Christopher Moore, 47, possessed a loaded Taurus 9mm pistol on June 27, 2020. On that day, Moore and a friend were cooking out at Moore’s house when they got into an argument and the friend grabbed Moore’s 9mm handgun. As they struggled over the gun, Moore accidentally shot his friend in the back of the head killing him. Moore is prohibited from possessing a firearm because of a prior federal drug conviction.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Jackson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Steve Loew handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00002.
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Indiana Man Charged with Scheming to Straw Purchase Firearm Allegedly Used to Shoot Two Chicago Police Officers, One FatallyRead the Press Release
CHICAGO — The U.S. Attorney’s Office in Chicago today charged an Indiana man with federal firearm violations for allegedly conspiring to straw purchase a semi-automatic handgun that the charges allege was used to shoot two Chicago Police officers last weekend, including the fatal wounding of Officer Ella French.
JAMEL DANZY purchased the firearm at a federal firearms dealer in Hammond, Ind., on March 18, 2021, and falsely certified on the required forms that he was the actual buyer, according to a criminal complaint filed in U.S. District Court in Chicago. In reality, Danzy was a straw purchaser who bought the gun at the request of someone whom Danzy knew resided in Chicago, Ill., and was not lawfully allowed to purchase a firearm due to a felony criminal conviction, the complaint states. Danzy gave the firearm to the Illinois resident shortly after the purchase, the complaint states.
Officer French was shot and killed and another CPD officer was critically wounded Saturday night during a traffic stop of a vehicle on the South Side of Chicago. The handgun was used in the shooting, the complaint states. The Illinois resident to whom Danzy gave the gun was one of the vehicle’s occupants and was arrested by responding officers, the complaint states. At the time of his arrest, the Illinois resident was in possession of the handgun purchased by Danzy, according to the complaint.
Danzy, 29, of Hammond, Ind., is charged with conspiracy to violate federal firearm laws, including knowingly transferring and giving a firearm to an out-of-state resident, knowingly making a false written statement to acquire a firearm, and knowingly disposing of a firearm to a convicted felon. Danzy made an initial appearance this afternoon in federal court in Chicago and was ordered to remain detained in federal custody. U.S. Magistrate Judge Jeffrey T. Gilbert scheduled a detention hearing for Wednesday at 2:00 p.m.
“Straw purchasers and firearm traffickers enable violence with deadly consequences,” said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. “Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.”
U.S. Attorney Lausch announced the charges along with Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and David Brown, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Prashant Kolluri.
“Tragedies like this happen when people straw purchase firearms on behalf of those who are prohibited from purchasing and possessing firearms themselves,” said ATF SAC de Tineo. “ATF remains committed to working with our law enforcement partners and the U.S. Attorney’s Office to investigate these firearms trafficking schemes and prosecute those responsible.”
Disrupting illegal firearms trafficking is a centerpiece of the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago strike force, the U.S. Attorney’s Office collaborates with ATF, CPD, and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
The federal conspiracy charge against Danzy is punishable by a maximum sentence of five years in federal prison. The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Law enforcement continues to investigate the murder of Officer French and the wounding of the other CPD officer.
Illinois Man Sentenced to Federal Prison for Sending Threatening Communication Through Social MediaRead the Press Release
HUNTINGTON, W.Va. – An Illinois man was sentenced today to 10 months in federal prison for sending a threatening message through social media to a West Virginia law enforcement officer.
According to court documents and statements made in court, Rodney Hanson, 37, sent a threatening Facebook message on January 8, 2019, to a law enforcement officer in Putnam County after a police involved shooting. Hanson pleaded guilty in May 2021 to transmitting an interstate threatening communication.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Federal Bureau of Investigation (FBI).
United States District Judge Robert C. Chambers imposed the sentenced. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00169.
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Idaho Man Indicted for Sexually Exploiting Children in AlaskaRead the Press Release
ANCHORAGE – A federal grand jury in Anchorage returned an indictment charging a Bonner County, Idaho man with sexually exploiting children and production of child pornography in Haines, Alaska.
According to federal court documents, Christopher Panagiotou-Scigliano, 39, coerced a minor to engage in sexually explicit conduct for the purpose of producing child pornography. He is also charged in Idaho's First Judicial District Court with the sexual abuse of multiple child victims.
In 2015 Panagiotou-Scigliano moved from Idaho to a farm in Haines. After their arrival, Panagiotou-Scigliano allegedly arranged for several of the children he had been grooming and abusing in Idaho to visit his farm in Haines. When the children arrived Panagiotou-Scigliano allegedly continued grooming and sexually exploiting them by taking numerous sexually explicit images and videos of the victims. Law Enforcement also recovered additional images and videos of child sexual exploitation that appear to have been downloaded from the internet.
Panagiotou-Scigliano was taken into custody in Boundary County, Idaho, on July 23, 2021. He made an initial court appearance before U.S. Magistrate Judge Candy W. Dale of the U.S. District Court for Idaho, who ordered him detained without bail pending his return to Alaska. If convicted, he faces a mandatory minimum penalty of 15 years imprisonment, and a maximum penalty of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
If the public has any further information regarding Panagiotou-Scigliano’s activities, please contact the FBI Anchorage Field Office at 907-276-4441.
Acting U.S. Attorney Bryan Wilson of the District of Alaska and Acting Special Agent in Charge Adam Pierce of the FBI’s Anchorage Field Office made today’s announcement.
The Federal Bureau of Investigation (FBI) Child Exploitation and Human Trafficking Task Force is investigating the case. Also supporting the investigation are the Haines Police Department, the Bonner County, Idaho, Sheriff’s Office, the Bonner County Prosecutor's Office and the Alaska State Troopers.
Assistant U.S. Attorney James Klugman is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood combines 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 visitwww.justice.gov/psc.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Hoover Criminal Gang Member Sentenced to Federal Prison for Drug and Gun OffensesRead the Press Release
PORTLAND, Ore.—A known Hoover Criminal Gang member and resident of Portland was sentenced to federal prison today for his role in a fentanyl trafficking conspiracy.
Aumontae Wayne Smith, 22, was sentenced to 70 months in federal prison and five years’ supervised release.
According to court documents and testimony, Smith and an unnamed accomplice conspired with one another to distribute counterfeit oxycodone pills containing fentanyl in and around Portland. Investigators seized six firearms from Smith and his accomplice with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Further investigation revealed Smith purchased 16 firearms that were linked to 17 different shootings in the Portland area between April and December 2020.
On April 6, 2021, a federal grand jury in Portland returned an indictment charging Smith with conspiring to distribute and possess with intent to distribute fentanyl, possessing with intent to distribute fentanyl, and possessing a firearm in furtherance of a drug trafficking crime. On April 16, 2021, he voluntarily surrendered to law enforcement.
On May 18, 2021, Smith pleaded guilty to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime.
As part of his plea agreement, Smith agreed to forfeit $18,919 in cash, a .40 caliber pistol, and ammunition seized by law enforcement. He also agreed to abandon interest in five additional firearms, including two semi-automatic rifles, and associated ammunition.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the Portland Police Bureau, FBI, ATF, Multnomah County Sheriff’s Office, and Homeland Security Investigations. It was prosecuted by the U.S. Attorney’s Office for the District of Oregon.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the District of Oregon’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement, community organizations, and local community leaders to prevent and deter future criminal conduct.
Greece Man with Prior Child Sexual Abuse Conviction Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hector Savage, 37, of Greece, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography by an individual with a prior conviction. The charge carries a mandatory minim penalty of 10 years in prison and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on July 31, 2003, the defendant was convicted in Monroe County Court of Sexual Abuse 1st: Sexual Contact with Individual Less than 11 Years Old. On May 25, 2019, Savage possessed approximately 20 images of child pornography on an Apple iPhone. Some of the images depicted prepubescent minors or minors under 12 years old.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
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Genesis HealthCare Inc. Agrees to Resolve Allegations of Americans with Disabilities Act ViolationsRead the Press Release
BOSTON – The U.S. Attorney’s Offices for the Districts of Massachusetts and Rhode Island and the Department of Health and Human Services (HHS) announced today an agreement with Genesis HealthCare Inc. (Genesis) to resolve allegations that 12 of its skilled nursing facilities located in Rhode Island and Massachusetts denied admission to prospective residents because they were prescribed an FDA-approved medication for Opioid Use Disorder (OUD). This is in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act and the Patient Protection and Affordable Care Act.
The U.S. Attorney’s Offices for the Districts of Massachusetts and Rhode Island opened the investigation after receiving complaints alleging that individuals were denied admission to the Genesis facilities because they were being treated with buprenorphine or methadone, medications used to treat OUD. Individuals receiving medication to treat OUD are generally considered disabled under federal civil rights laws. The complainants in this case were seeking admission for health issues unrelated to their dependency, but also needed treatment for OUD.
Under the terms of the settlement agreement, these 12 skilled nursing facilities operated by Genesis will, among other things, adopt a non-discrimination policy and provide training on the ADA and OUD to admissions personnel. The company will also pay a civil penalty of $60,000, of which $50,000 will be suspended and forgiven if the designated facilities comply with the terms of the agreement.
“The ADA is the law of the land, and the ADA makes it illegal to discriminate against people with disabilities – including Opioid Use Disorder,” said Acting U.S. Attorney Nathaniel R. Mendell. “All providers must comply with the ADA, and we are happy to vindicate the rights of those in recovery by protecting their fair access to necessary treatment.”
“As Rhode Island and the rest of the country continues to confront an overdose crisis, individuals in recovery should never have to face discriminatory barriers to healthcare,” said Acting United States Attorney for the District of Rhode Island Richard Myrus. “Elimination of these discriminatory barriers is not only a right under federal civil rights laws, it can be a matter of life and death. We appreciate Genesis’s cooperation in modifying its policies for compliance with the ADA, and we encourage other skilled nursing facilities to proactively do the same.”
“Secretary Becerra has made advancing the goal of ending the Opioid Crisis a key priority for HHS, particularly since the COVID-19 pandemic has exacerbated this deadly crisis. This agreement and the steps that Genesis is taking across its facilities advances this important goal by ensuring civil rights laws protect healthcare access for people who are in treatment for Opioid Use Disorder,” said HHS Acting Director of the Office of Civil Rights Dr. Robinsue Frohboese.
In coordination with the U.S. Attorney’s Offices, HHS participated in the investigation into these allegations that these facilities. Genesis is the fourth skilled nursing facility that the U.S. Attorney’s Office for the District of Massachusetts has settled with for denying admission to patients receiving OUD treatment, in violation of the ADA.
Acting U.S. Attorney Mendell of the District of Massachusetts, Acting U.S. Attorney Myrus of the District of Rhode Island, and HHS Acting Director of the OCR Dr. Frohboese made the announcement today. Assistant U.S. Attorneys Sara Bloom and Gregory Dorchak of the District of Massachusetts, Amy Romero of the District of Rhode Island and Supervisory Equal Opportunity Specialist Erin Walker of HHS handled the matter.
The U.S. Attorney’s Offices are committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about the Americans with Disabilities Act may access www.ada.gov or call the Department of Justice’s toll-free information line at 800-514-0301 or 800-514-0383 (TTY).
Four Individuals Charged with Long-Running Global Pump-and-Dump SchemeRead the Press Release
BOSTON – Three Canadian nationals and one former California attorney, who is believed to be residing in Mexico, have been charged in connection with a long-running international securities fraud scheme in which they allegedly sold millions of shares in multiple microcap—or “penny”—stock companies during pump-and-dump schemes, generating at least tens of millions of dollars in illicit proceeds.
Frederick Sharp, 69, of British Columbia; Luis Carrillo, 47, previously of California; Mike Veldhuis, 41, of British Columbia; and Courtney Kelln, 41, of British Columbia, were each charged in a criminal complaint with one count of conspiracy to commit securities fraud and one count of securities fraud.
“My office uses securities laws and regulations to preserve market integrity, in other words: to protect investors from getting ripped off by crooks,” said Acting United States Attorney Nathaniel R. Mendell. “Investigating and prosecuting people who illegally manipulate our markets protects all investors, particularly when the illegal activity is sophisticated and done on a large scale.”
“Fred Sharp and his co-conspirators are accused of executing a sophisticated, global con that allegedly bilked unsuspecting investors out of tens of millions of dollars. Investor confidence is essential to keeping our financial markets afloat and actions like the ones these individuals are charged with today chip away at the faith investors place in the process,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “The FBI and our partners take securities fraud very seriously and we will do everything we can to hold accountable those who steal from American investors. We urge the public to use caution when researching investment opportunities and to contact us immediately if they become a victim of financial fraud.”
According to the charging documents, a pump-and-dump typically involves an effort to artificially inflate the stock price or trading volume of a publicly traded company (the “pump”) so that individuals who control a substantial portion of the company’s float can sell their shares at artificially high prices, or in a more liquid market, to other investors (the “dump”).
The defendants allegedly engaged in a lucrative securities fraud scheme dating back to no later than 2014 involving the use of a sophisticated platform provided by Sharp to conceal Carrillo’s and Veldhuis’s respective control of millions of shares of multiple microcap companies. Carrillo and Veldhuis allegedly used Sharp’s platform to hide their large penny stock holdings in nominee entities in tranches of less than five percent of the issuers’ total outstanding shares in order to evade certain securities disclosure requirements and brokers’ compliance protocols. Kelln, who worked for Sharp, allegedly facilitated the breakdown and transfer of Carrillo’s and Veldhuis’s shares to Sharp’s nominee entities in blocks of less than five percent, as well as the shares’ subsequent deposit with a Swiss asset management firm to facilitate their sale to unsuspecting investors. It is alleged that those sales were directed by Carrillo and Veldhuis, respectively, and were timed alongside multifaceted promotional campaigns, to include “boiler rooms” involving cold calls to unsuspecting U.S. investors in Massachusetts, and elsewhere, touting the stocks and soliciting purchases.
It is further alleged that, to conceal their scheme, the defendants used codenames to refer to one another, as well as various encrypted communications platforms. One of those platforms was a closed communication network on dedicated BlackBerry devices provided by Sharp that the defendants referred to as “xphones.” Sharp also allegedly maintained an offshore accounting system that the defendants referred to as “Q” that was used to track the scheme’s stock sales and the remittance of illicit proceeds.
Sharp’s Q accounting system tracked over $140 million in stock sales through a Swiss asset management firm between 2014 and 2018, involving over 70 issuers. The charging documents specifically identify four such issuers whose shares were sold during pump-and-dumps as part of the scheme:
- Vitality BioPharma, Inc. (ticker VBIO), millions of shares of which were sold between November 2016 and September 2018 generating proceeds of approximately $16.8 million;
- OneLife Technologies Corp. (ticker OLMM), millions of shares of which were sold between November 2017 and October 2018, generating proceeds of approximately $5.2 million;
- Garmatex Holdings, Ltd. (ticker GRMX), millions of shares of which were sold between March and May 2017, generating proceeds of approximately $5 million; and
- PureSnax International, Inc. (ticker PSNX), millions of shares of which were sold between November 2015 and September 2016 generating proceeds of approximately $1.4 million dollars.
The charge of conspiracy to commit securities fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The charge of securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell and FBI Boston SAC Bonavolonta made the announcement today. The Boston regional office of the U.S. Securities and Exchange Commission provided assistance with the investigation. Assistant U.S. Attorney James R. Drabick of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Owners of Hillsborough Compounding Pharmacy Pay $1,082,991.94 to Resolve False Claims Act AllegationsRead the Press Release
GREENSBORO, N.C. - The owners of a now-closed compounding pharmacy have paid $1,082,991.94 to resolve allegations that they violated the False Claims Act by submitting false claims for payment to the TRICARE program between September 2014 and May 2015.
David and Lois Tsui of Chapel Hill, North Carolina formerly owned Wellcare Compounding, in Hillsborough, North Carolina. David Tsui was previously convicted of health care fraud, and in 2009 was excluded from participation in federal health care programs, including TRICARE. The United States contended that Wellcare intentionally concealed David Tsui’s involvement in and ownership of the pharmacy, including by falsely representing to TRICARE that Lois Tsui was the pharmacy owner. The United States also asserted that Wellcare made improper payments to physicians and “marketers” in exchange for prescriptions or referrals for prescriptions, in violation of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). In addition, Wellcare encouraged medically unnecessary prescriptions consisting of high-margin ingredients to maximize the pharmacy’s reimbursement. The United States contended that through these actions, the Tsuis and Wellcare knowingly caused false claims to be presented to the TRICARE program.
“This settlement sends a strong message that individuals who defraud federal health care programs cannot rely on the passage of time or the use of straw owners to conceal their wrongdoing,” said Acting United States Attorney Sandra Hairston. “We will continue to identify those who seek to seek to exploit federal programs for personal gain and will hold them accountable.”
“The results of this investigation highlight another step forward by the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to root out fraud and corruption involving medical professionals who undermine the integrity of the Department of Defense,” said Special Agent in Charge Christopher Dillard, DCIS Mid-Atlantic Field Office. “DCIS will continue to target fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs, such as TRICARE.”
This case was handled by the U.S. Attorney’s Office for the Middle District of North Carolina and the Defense Criminal Investigative Service. The United States was represented by Assistant United States Attorney Cassie Crawford.
The claims settled by this agreement are allegations only. The Settlement Agreement is not an admission of liability or wrongdoing by Wellcare or the Tsuis.
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Former Employee Sentenced to a Year in Prison for Stealing a Handgun from his EmployerRead the Press Release
A former employee of a federally licensed firearms dealer who stole a handgun from his employer while at work was sentenced today to a year in federal prison.
Raykwon Stevenson, age 25, from Marion, Iowa, received the prison term after a March 1, 2021, guilty plea to one count of theft of a firearm from a federally licensed firearms dealer.
Information from the guilty plea and sentencing hearing showed that Stevenson was employed by a federally licensed firearms dealer in Cedar Rapids, Iowa. While working at the dealer, Stevenson stole a .22 caliber handgun from the dealer’s inventory. After discovering the theft, the dealer notified law enforcement, who confronted Stevenson and recovered the stolen handgun.
Stevenson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Stevenson was sentenced to 12 months and a day in prison. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Stevenson was released on the bond previously set and is to surrender to the United States Marshal on August 26, 2021.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 12-CR-98.
Follow us on Twitter @USAO_NDIA.
Former El Paso Police Officer Pleads Guilty to Conspiracy to Aid Cocaine DistributionRead the Press Release
EL PASO – A former El Paso police officer pleaded guilty today to conspiracy to maintain a drug-involved premise.
According to court documents, Monica Garcia, 24, conspired with Fred Saenz, her stepfather and co-defendant, to use Saenz’s residence to distribute cocaine. Agents determined that Saenz was using his residence and a separate stash location to store and distribute cocaine. Garcia used her position as an El Paso police officer to provide information that helped Saenz avoid detection by law enforcement while he distributed cocaine. Her activities included conducting counter-surveillance and running license plate registrations to identify undercover police vehicles near the residence and stash house.
On November 10, 2020, agents seized $14,405 from Saenz’s residence and 1.2 kilograms of cocaine from a stash house he used. During the investigation undercover agents bought quantities of cocaine from Saenz at his residence.
Garcia pleaded guilty to one count of conspiracy to maintain a drug-involved premise. A sentencing date for Garcia has not been set. She faces a maximum penalty of 20 years in prison.
On July 26, 2021, Fred Saenz pleaded guilty to one count of conspiracy to possess with intent to distribute over 500 grams of cocaine. A sentencing date has not been scheduled. Saenz faces a maximum penalty of 40 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and Special Agent in Charge Kyle Williamson of the Drug Enforcement Administration, El Paso Division made the announcement.
The Drug Enforcement Administration and the El Paso Police Department’s Narcotics Unit and Special Investigations Unit are investigating the case.
Assistant U.S. Attorneys Michael Williams and Steven Spitzer are prosecuting this case on behalf of the government.
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Former Bronx Public Charter School Teacher Charged in Connection with His Sexual Exploitation of Former StudentsRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Jacqueline Maguire, the Acting Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of JESUS CONCEPCION, a/k/a “Mr. C.,” for enticing four minor victims to engage in sexual activity, transporting those minor victims across state lines to engage in illegal sexual acts, and inducing one minor victim to produce child pornography. CONCEPCION was arrested on August 7, 2021, in Charlotte, North Carolina, and was presented today in the Western District of North Carolina.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Jesus Concepcion abused his position as a teacher at a public school in the Bronx to engage in sexual relationships with several of his students. Concepcion sexually exploited those students, who were minors, at the public school, in and around the Bronx, and in other states. Together with our partners in the FBI, we will work tirelessly to ensure that anyone who engages in this type of conduct will be subject to the full force of the law.”
FBI Acting Assistant Director Jacqueline Maguire said: “Teachers serve as trusted figures to their students as they work to educate and prepare them for the future. As alleged, Mr. Concepcion egregiously breached that trust as he abused his position to coerce students – some as young as 12 years old – into having sex with him. Parents deserve to send their children to school each day knowing they will be safe as they receive an education – and not be exploited and assaulted by a so-called educator who only sees students as his potential victims.”
According to the allegations contained in the Indictment filed on July 28, 2021, and unsealed today[1]:
CONCEPCION was a music teacher and orchestra instructor at a public charter middle school located in the Bronx, New York (“School-1”), from in or about 2000 up to and including in or about 2007. CONCEPCION lured four of his students at School-1 into sexual relationships (“Minor Victim-1,” “Minor Victim-2,” “Minor Victim-3,” and “Minor Victim-4,” and together the “Minor Victims”). The Minor Victims were as young as 12 years old at the time of the abuse.
From at least in or about 2002 through at least in or about 2007, CONCEPCION singled out the Minor Victims for personal attention. He gave them money, clothing, jewelry, and other gifts, and he provided them with alcohol. He told several of the Minor Victims that they were in romantic relationships with him and provided each of the Minor Victims with a cellphone so that they could communicate with him without their parents’ knowledge. CONCEPCION used the cellphones he provided and other devices to maintain his “relationships” with the Minor Victims and to arrange sexual encounters.
CONCEPCION engaged in sexual intercourse with the Minor Victims in various locations, including in School-1’s music room, in the back room of School-1’s auditorium, in his car, at motels, at his residences, and, after some of the Minor Victims left School-1, at their out-of-state high schools. On numerous occasions, CONCEPCION brought the Minor Victims from School-1 or other locations in the Bronx to motels in New Jersey. On at least one occasion, CONCEPCION had sexual intercourse with Minor Victim-3 in a New Jersey motel against her will.
CONCEPCION also instructed Minor Victim-3 to take naked photographs of herself and to send them to him. CONCEPCION directed Minor Victim-3 how to pose, to touch herself in a sexually explicit manner, and to photograph her genitalia. CONCEPCION also attempted to induce another one of the Minor Victims, Minor Victim-4, to take sexually explicit photographs. When Minor Victim-4 resisted, CONCEPCION showed Minor Victim-4 the photographs sent to him by Minor Victim-3 and told Minor Victim-4 that these were the sort of photographs CONCEPCION sought.
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CONCEPCION, 48, of Simpsonville, South Carolina, is charged with four counts of enticing a minor to engage in illegal sexual activity and four counts of transporting a minor to engage in illegal sexual activity, each of which carry a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. CONCEPCION also is charged with inducing a minor to produce child pornography, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the efforts of FBI and the New York City Police Department (“NYPD”) for their outstanding work in this matter, particularly the FBI-NYPD New York Child Exploitation and Human Trafficking Task Force. She also thanked the FBI’s Charlotte Office and U.S. Customs and Border Protection for their assistance. She added that the investigation is ongoing.
Any individuals who believe they have information that may be relevant to this investigation should contact FBI at 1-800-CALL-FBI or https://tips.fbi.gov/.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Elinor L. Tarlow and Camille L. Fletcher are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth in this release constitute only allegations, and every fact described should be treated as an allegation.
Florida man sentenced for scheme to defraud the IRS, using taxpayer identitiesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Juan David Moreno, of Miramar, Florida, was sentenced today to 36 months of incarceration for wire fraud and aggravated identity theft charges, Acting U.S. Attorney Randolph J. Bernard announced.
In February 2020, Moreno, age 34, pled guilty to one count of “Wire Fraud” and one count of “Aggravated Identity Theft.” Moreno admitted to fraudulently accessing the Internal Revenue Service (IRS) eAuthentication online taxpayer system, which has servers located in Berkeley County, from January 2015 to February 2017. Through his scheme to defraud, Moreno obtained personal identifying information of taxpayers without their knowledge to access the online taxpayer system and obtain income tax transcripts for those taxpayers. Moreno then filed tax returns and directed tax refunds in the amount of at least $86,525 be deposited into fraudulent bank accounts without the taxpayers’ knowledge. Moreno was responsible for filing fraudulent tax returns in the names of taxpayers located in various states, including Florida, Texas, and California.
The investigation revealed that Moreno attempted to obtain at least $389,198 in additional fraudulent tax refunds from the IRS but was unsuccessful. Moreno was also found to be in unlawful possession of over 2,600 unique identities, including social security numbers and dates of birth, of other individuals.
In addition to his sentence of incarceration, Moreno was also ordered to pay restitution in the amount of $86,525 to the IRS.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Treasury Inspector General for Tax Administration Cybercrime Investigations Division investigated.
Chief U.S. District Judge Gina M. Groh presided.
Florida man admits to filing fraudulent tax returns with the IRSRead the Press Release
MARTINSBURG, WEST VIRGINIA – Windsor Nycklass, of West Park, Florida, has admitted to wire fraud and aggravated identity theft charges, Acting U.S. Attorney Randolph J. Bernard announced.
Nycklass, 32, pleaded guilty today to one count of “Wire Fraud” and one count of “Aggravated Identity Theft.” In March and April 2015, Nycklass unlawfully obtained the names, dates of birth, and social security numbers of multiple taxpayers without their knowledge and consent. Nycklass then used the taxpayers’ information to fraudulently access the IRS eAuthentication (“eAuth”) Online Taxpayer System. Nycklass then filed fraudulent tax returns using the taxpayers’ identities. The fraudulent tax returns were processed at an IRS facility location in Martinsburg.
As a part of his plea agreement with the United States, Nycklass has agreed to pay $50,801 in restitution to the IRS.
Nycklass faces up to 20 years of incarceration and a fine of up to $250,000 for the wire fraud charge and two years of incarceration for the aggravated identity theft charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Treasury Inspector General for Tax Administration – Cybercrime Investigations Division investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Federal Judge Sentences Three Cocaine Traffickers to PrisonRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr., handed down prison sentences of up to 25 years to three cocaine traffickers, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina
Judge Conrad sentenced the defendants as follows:
- Anthony Tommy Foster, 45, of Mokena, Illinois, was sentenced to 25 years in prison, followed by 10 years of supervised release. A federal jury convicted Foster in December 2020, of conspiracy to distribute and to possess with intent to distribute cocaine and possession with intent to distribute cocaine and aiding and abetting. As a result of Foster’s prior federal drug trafficking and other state convictions, the Court sentenced him as a career offender.
- Reynaldo Padilla, 48, of Chicago, Illinois, was sentenced to 15 years in prison, followed by 10 years of supervised release. Padilla pleaded guilty to drug trafficking conspiracy and possession with intent to distribute cocaine. Padilla also received an enhanced sentence due to a prior federal drug trafficking conviction.
- Alejandro Miguel Padilla, 35, of Chicago, Illinois, was sentenced to 24 months in prison, followed by two years of supervised release. He pleaded guilty to drug trafficking conspiracy and possession with intent to distribute cocaine.
According to filed court documents, trial evidence and statements made in court, the defendants were involved in a cocaine trafficking conspiracy operating in and around Gaston County. Court records show that on June 29, 2020, Reynaldo Padilla and Alejandro Padilla met with Foster in Belmont, N.C., after arranging the purchase of 20 kilograms of cocaine. According to court records, at that meeting, Foster handed Reynaldo Padilla a duffel bag that contained $500,000 in cash and Alejandro Padilla drove with Reynaldo Padilla to exchange the money for the drugs. According to trial evidence, the defendants intended to make future purchases of 100 to 200 kilograms of cocaine, per transaction.
All three defendants have been in federal custody since June 2020. They will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked Ronnie Martinez, Special Agent in Charge of ICE’s Homeland Security Investigations (HSI) in North Carolina; Chief Chad Hawkins of the Belmont Police Department; Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD); Chief Joseph D. Ramey of the Gaston County Police Department; Chief Travis Brittain of the City of Gastonia Police Department; Chief Don Roper of the Mt. Holly Police Department; and Michael Eiss of the Waxhaw Police Department for their respective agencies’ investigative efforts and coordination in this case.
Assistant U.S. Attorney Steven R. Kaufman, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
- Anthony Tommy Foster, 45, of Mokena, Illinois, was sentenced to 25 years in prison, followed by 10 years of supervised release. A federal jury convicted Foster in December 2020, of conspiracy to distribute and to possess with intent to distribute cocaine and possession with intent to distribute cocaine and aiding and abetting. As a result of Foster’s prior federal drug trafficking and other state convictions, the Court sentenced him as a career offender.
Escondido Resident Admits to Selling over $1 Million of Forged ArtRead the Press Release
For further informtion Contact:
Assistant U. S. Attorney Andrew J. Galvin (619) 546-9721
SAN DIEGO – Jason Harrington pleaded guilty today and admitted that he sold $1.1 million of forged art. Harrington sold artwork purportedly created by Richard Hambleton – a New York City artist who rose to fame in the 1980s and whose paintings routinely sell for hundreds of thousands of dollars.
In his plea agreement, Harrington admitted selling forged art to at least fifteen galleries and individuals between 2018 and 2020. The forged art included paintings of a black-silhouetted figure known as the Shadowman, which was a recurring motif in Hambleton’s works.
(Pictures of Harrington’s forgeries in progress, which featured Hambleton’s Shadowman.)
To make the forged art appear authentic, Harrington lied to prospective buyers regarding the provenance of the art. To support these false statements, Harrington provided prospective buyers with a fake letter purportedly signed by the individual who obtained the art and, on one occasion, instructed an individual to speak with a prospective buyer and falsely claim to have obtained the art from Hambleton. According to court records, Harrington altered images, using publicly available photographs of Hambleton, to make it appear that the individual who purportedly obtained the art knew Hambleton.
Harrington also admitted to attempting to sell at least one forged painting purporting to be from the noted portraitist Barkley Hendricks. According to court records, Harrington falsely claimed to the owner of an art gallery that he inherited the painting from his uncle. The art gallery, however, refused to purchase the painting after Hendricks’ widow viewed the painting and determined it was a forgery.(A series of photographs obtained by law enforcement from Harrington’s files depict the forgery in progress.)
“Forged artwork harms investors, corrupts the integrity of the art market, and damages the historical-cultural record,” said Acting U.S. Attorney Randy Grossman. “This case reflects the federal government’s full commitment to effectively investigate and prosecute complex art fraud crimes.” Grossman commended the work of Assistant U.S. Attorney Andrew Galvin and the FBI agents who handled this matter.
“Mr. Harrington created multiple fake paintings, devised elaborate cover stories to authenticate them, targeted unsuspecting buyers, and sold over a million dollars of forged artwork,” said FBI Special Agent in Charge Suzanne Turner. “Fraudulent and forged artwork degrades the integrity and trust within the art community and today’s guilty plea should send a clear message - the FBI will aggressively pursue those who use fraud schemes to make a living, regardless of the type of instrument used to commit the fraud.”
As part of his plea, Harrington agreed to pay at least $1,124,001.22 in restitution. Harrington will appear for sentencing on October 22, 2021 at 9:00 a.m. before U.S. District Court Judge Janis L. Sammartino.
DEFENDANT Case Number 21-CR-1184-JLS
Jason Harrington Age: 38 Escondido, CASUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: 20 years’ imprisonment and $250,000 fineAGENCY
Federal Bureau of InvestigationDonna J. Clark Indicted for Fraud and Money Laundering in COVID-19-Related PPP Loan SchemeRead the Press Release
On August 9, 2021, Donna J. Clark, 64, of Benton, TN, was arrested and arraigned on an indictment charging her with wire fraud, money laundering, and operating an unlicensed money transmittal business, commonly known as a “money mule” operation. Clark pleaded not guilty to the charges, and trial has been set for October 5, 2021, at 9:00 a.m., before the Honorable Charles E. Atchley, Jr., in the United States District Court for the Eastern District of Tennessee at Chattanooga.
According to court documents filed by the United States, from October 2020 to July 2021, Clark participated in a scheme in which she received, deposited, transferred, and transmitted money obtained as part of fraudulent schemes – including fraud related to the receipt of a COVID-19-related PPP loan – in order to add layers to the money trail from victims to the criminal actors for whom Clark laundered money.Clark faces a possible sentence of up to 30 years’ imprisonment on the wire fraud count, up to 10 years’ imprisonment on the money laundering count, and up to 5 years’ imprisonment for operating an unlicensed money transmittal business, along with significant fines, restitution, and forfeiture of property.
Assistant United States Attorney Steven Neff represents the United States.
The investigation was conducted by the FBI and the U.S. Attorney's Coronavirus Fraud Task Force.
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/coronavirus.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
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District Man Sentenced to Seven Years in Prison for Firearms OffensesRead the Press Release
WASHINGTON – Clark Calloway, 47, of Washington, D.C., was sentenced today to seven years in prison for possession of a firearm and to acquiring that firearm with the intent to commit assault, announced Acting U.S. Attorney Channing D. Phillips and Nicholas Boshears, Acting Special Agent in Charge of the FBI Washington Field Office's Counterterrorism Division.
Calloway pleaded guilty in October 2018 in the U.S. District Court for the District of Columbia to charges of interstate transportation of a firearm and ammunition, unlawful possession of a firearm and ammunition, and illegal possession of a machine gun. He was sentenced by the Honorable Richard J. Leon. Upon completion of his prison term, he will be placed on three years of supervised release.
During the plea colloquy, Calloway admitted that while a subject of an undercover investigation, he agreed to purchase a fully automatic AK-47 for $250. At the time, Calloway stated that he wanted to use the AK-47 on white people. He acknowledged making numerous statements expressing support against non-Muslims, police officers, and white people. He also acknowledged that he was a former Marine and a felon previously convicted of a felony.
Calloway was arrested by the FBI on May 4, 2017 when he took delivery of the AK-47. He has been in custody ever since.
This case was investigated by the FBI’s Washington Field Office. Assistance was provided by Paralegal Specialists Latina Sanders, Michael Watts, and Donna Galindo, and former Paralegal Specialist Jorge Casillas of the U.S. Attorney’s Office for the District of Columbia. The case was prosecuted by Assistant U.S. Attorneys Tejpal S. Chawla, of the U.S. Attorney’s Office for the District of Columbia, with assistance from former Assistant U.S. Attorney Jeffrey Pearlman, who is now with the Justice Department’s Criminal Division, and Trial Attorneys Justin Sher and Benita Corlett of the Justice Department’s National Security Division.
Detroit Man Pleads Guilty to Robbing Millcreek Township Jared StoreRead the Press Release
ERIE, Pa. - A former resident of Detroit, Michigan, pleaded guilty in federal court to a charge of Hobbs Act robbery, Acting United States Attorney Stephen R. Kaufman announced today.
Devon Ashley Edwards, 37, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that on or about November 19, 2018, Edwards and a co-defendant entered the Jared-Galleria of Jewelry in Millcreek Township and used a hammer to smash display cases and remove jewelry.
Judge Baxter scheduled sentencing for December 9, 2021 at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, 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.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police and the Millcreek Police Department conducted the investigation that led to the prosecution of Edwards.
Dennis Duffy Pleads Not Guilty to CARES Act, American Express FraudsRead the Press Release
The United States Attorney for the District of Vermont announced that Dennis Duffy II, 38, of Winooski, pleaded not guilty today in United States District Court in Burlington to two sets of fraud charges. U.S. District Judge William Sessions III released Duffy on conditions pending trial, which has not been scheduled.
On July 8, a federal grand jury in Burlington returned a three-count indictment that charged Duffy with fraud and money laundering. The first fraud charge accused Duffy of making false statements and providing forged documents to North Country Federal Credit Union in the summer of 2020 in connection with Duffy’s application for a $416,000 Paycheck Protection Plan loan for Duffy’s commercial cleaning business, Night Owl Cleaning, Inc. The Paycheck Protection Plan loan program was established by Congress in the spring of 2020 as part of the Coronavirus Aid, Relief, and Economic Security Act. The CARES Act contained many provisions that were intended to address the medical, economic and social impacts of the COVID-19 epidemic. The Paycheck Protection Program was an economic stimulus program intended to help small businesses keep employees on payroll during the pandemic. It provided billions of dollars in low-interest, unsecured loans that were to be administered through and guaranteed by the U.S. Small Business Administration. Applicants had to certify that the loan proceeds would be used to maintain payroll and pay other business-related expenses. If applicants were able to demonstrate that proceeds were used to keep workers employed, some or all of a loan could be forgiven. Applicants had to provide the lending financial institution with certain documentation demonstrating their entitlement to and qualifications for a PPP loan.
According to the indictment, in late June 2020, Duffy applied for and received a $416,000 loan for Night Owl Cleaning from North Country. As part of the application process, Duffy gave NCFCU tax records, rent invoices and utility bills that purported to be for Night Owl. For example, Duffy gave the credit union what purported to be a federal corporate tax return for 2019 that indicated Night Owl had gross revenues that year that exceeded $7.3 million and had taxable income of about $382,000. In fact, according to the indictment, the actual returns Duffy filed with IRS that year reported gross revenues of $79,000 and taxable income of only $15,700. According to the indictment, other Night Owl financial information that Duffy submitted to NCFCU in support of the loan application was similarly fraudulent.
In early July 2020, NCFCU funded the PPP loan by depositing the $416,000 into a Night Owl Cleaning account. Instead of using those funds for Night Owl payroll, however, Duffy used more than $390,000 to buy a house in Milton.
The indictment accuses Duffy of committing an unrelated fraud against American Express in 2017. In April 2017, Duffy allegedly applied for and obtained an American Express credit card for Night Owl Cleaning. Between May and August 2017, Duffy used the AMEX to make three fraudulent purchases, totaling $125,000, from a business purportedly named Vermont Aerial. In fact, according to the indictment, the transactions were fraudulent transfers of American Express funds to another company that Duffy owned named Pet Stop. Immediately after the AMEX funds were deposited into the Pet Stop account, Duffy retransferred them to a Night Owl Cleaning account, then used those monies for his own benefit. Duffy allegedly purchased two cars and trucks with the AMEX funds; the indictment seeks forfeiture of the vehicles as proceeds of the federal crime of wire fraud.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, Duffy faces up to 30 years of imprisonment and a fine of up to $1,000,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Burlington office of the Federal Bureau of Investigation.
Duffy is represented by the office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Gregory Waples.
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.
Convicted Felon Sentenced for Illegally Possessing A Firearm During A Geneva Pawn Shop BurglaryRead the Press Release
Montgomery, Ala. – Today, Acting United States Attorney Sandra J. Stewart announced that a Dothan, Alabama man has been sentenced for being a felon in possession of a firearm. On August 4, 2021, 32-year-old Jeffrey B. Wilson was sentenced to 100 months in prison, to be followed by three years of supervised release. There is no parole in the federal system.
According to court records, on September 16, 2019, security cameras at the River City Pawn Shop in Geneva, Alabama captured a vehicle driving around to the back of the business. The driver, later identified as Wilson, got out of the vehicle and seemed to inspect the rear of the building. Video showed Wilson return to his vehicle and drive around the pawn shop a few times before leaving. Later that same day, Wilson returned and used power tools that he brought with him to cut a hole in the building’s rear wall. He then armed himself with a .22 caliber revolver and crawled through the hole he had created. While inside, Wilson grabbed two cases, exited through the back door, and placed them in his vehicle and left the premises. One of the cases taken contained an Anderson Manufacturing, model AM-15, MULTI caliber semiautomatic rifle.
Law enforcement quickly developed Wilson as a suspect and obtained a search warrant for his residence. Wilson was home when law enforcement arrived to execute the warrant and, initially, he barricaded himself inside. Fortunately, officers were able remove Wilson from the residence without serious injury. During the subsequent search, agents recovered the revolver Wilson carried into the pawn shop as well as the stolen rifle. Wilson has previous felony convictions and is prohibited from possessing firearms.
This case was investigated by the Geneva Police Department, the Geneva County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Montgomery County Sheriff’s Office. Assistant United States Attorneys Brett Talley and Joshua Wendell prosecuted the case.
Connecticut Man Sentenced to 8 ½ Years for Federal Firearms ViolationRead the Press Release
WILMINGTON, N.C. – A Connecticut man was sentenced to 102 months in prison for possessing a firearm despite being a previously convicted felon. Marquis Lamar McDuffie entered his guilty plea on May 5, 2021.
According to court documents and other information presented in court, officers with the Greenville Police Department attempted to conduct a lawful traffic stop on a vehicle operated by McDuffie on May 3, 2020. McDuffie attempted to flee before exiting his vehicle, throwing a loaded handgun over a fence and into the parking lot area of a nearby motel. The firearm landed by two children who were playing outside but was quickly secured by police officers. A subsequent search of McDuffie’s vehicle yielded quantities of marijuana, MDMA, and crack cocaine. McDuffie was on federal supervised release from Connecticut for a prior firearm conviction.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Greenville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Aakash Singh prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:20-CR-99-M.
Columbia Gang Member Pleads Guilty in Federal Court to Firearm ChargeRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart, announced today that Kevin Shacqile Roney, a/k/a “Kevo,” a/k/a “Valentine Roney,” 26, of Columbia, pleaded guilty in federal court to being a felon in possession of a firearm and ammunition.
Evidence presented to the court showed that at approximately 1:15am on August 18, 2019, officers in the Five Points area of Columbia, observed an individual, later identified as Roney, stash something underneath bushes adjacent to a parking lot. Officers discovered that the item was a loaded 9mm handgun. Therefore, officers set up surveillance and arrested Roney when he returned to retrieve the firearm an hour later. Roney, a gang member, admitted to placing the firearm underneath the bushes.
Roney is prohibited from possessing firearms and ammunition based upon his prior felony convictions. Roney has prior state convictions for unlawful carrying of a weapon, burglary 3rd degree, and assault and battery 2nd degree.
Roney faces of maximum penalty of 10 years in federal prison and a fine of $250,000. United States District Judge Mary Geiger Lewis accepted the guilty plea and will sentence Roney after receiving and reviewing a sentencing report prepared by the United States Probation Office.
The charges against Roney were the result of an investigation by Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Columbia Police Department, 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.
Assistant United States Attorney Stacey D. Haynes is prosecuting the case.
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Colchester Man Pleads Guilty to Possessing MachinegunRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut; Kelly D. Brady, Special Agent in Charge, ATF Boston Field Division; and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that MICHAEL SHERIDAN, 27, of Colchester, pleaded guilty today to illegal possession of a machinegun.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. Magistrate Judge Robert A. Richardson occurred via videoconference.
According to court documents and statements made in court, Sheriden agreed with an associate who had manufactured a machinegun to deliver it to another individual who had purchased it. On January 29, 2021, Sheriden transferred the machinegun to the purchaser in a parking lot in Cromwell.
Possession of a machinegun carries a maximum term of imprisonment of 10 years. Sheriden is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant in Hartford on November 10, 2021.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation, with the assistance of the Penobscot County (Maine) Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Margaret Donovan.
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.
Central Valley Fruit Broker Member Pleads Guilty and Agrees to Pay $1.25 Million to Resolve Criminal and Civil Allegations of Fraudulent Crop Insurance ClaimsRead the Press Release
FRESNO, Calif. — Ralph Hackett, 66, of Clovis, pleaded guilty today to aiding and abetting mail fraud and agreed to pay $650,000 in criminal restitution for helping another individual submit a fraudulent crop insurance claim for table grapes for the crop year 2013, Acting U.S. Attorney Phillip A. Talbert announced.
In a civil settlement with the United States, Hackett also agreed to pay another $605,000 to resolve allegations of crop insurance fraud for the crop years 2012 through 2015.
According to court documents, Hackett was a member and manager of a Central Valley fruit broker through which the other individual sold various crops, including table grapes, from the individual’s farming operation in Fresno and Tulare counties. At the other individual’s request, Hackett instructed one of his employees to provide altered records to the individual that underreported the amount of table grapes the individual sold through the fruit broker so the individual could submit a fraudulent crop insurance claim for the grapes for the crop year 2013. Hackett then instructed the same employee to falsely confirm the accuracy of the altered records when the insurance company called for verification.
Hackett further acknowledged that he helped the other individual submit additional fraudulent crop insurance claims for the crop years 2012 through 2015 and, all together, caused more than $650,000 in fraudulent insurance payments to be made to the individual’s farming operation. The insurance payments were federally backed by the Federal Crop Insurance Corporation (FCIC) and were made by checks sent through the mail. The civil settlement resolves claims that Hackett violated the False Claims Act and the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) during those years.
The False Claims Act allows the government to recover damages and penalties for the presentation of false claims for payment to the United States. FIRREA allows the government to impose civil penalties for violations of enumerated federal criminal statutes, including fraud on the FCIC.
This case is the product of an investigation by the United States Department of Agriculture’s Office of the Inspector General and Risk Management Agency Special Investigations Staff. Assistant U.S. Attorney Joseph Barton is prosecuting the criminal case and Assistant U.S. Attorney Matthew R. Belz handled the civil investigation.
Hackett is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Feb. 22, 2022. Hackett faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables.
Bronx Man Convicted of Murder, Robbery, and Drug Trafficking OffensesRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict Friday against KASHEEN SAMUELS, a/k/a “Kash,” a/k/a “JR,” on five counts, including charges relating to the felony murder of Andrew Torres during an armed robbery, as well as other charges relating to robbery, robbery conspiracy, and narcotics conspiracy. U.S. District Judge Edgardo Ramos presided over the 9-day trial.
U.S. Attorney Audrey Strauss said: “Kasheen Samuels planned and carried out dangerous gunpoint robberies for years. He spread addiction in our communities by selling crack cocaine and heroin. A young man was shot and killed during one of his robberies, and Kasheen Samuels now stands convicted of that murder by a unanimous jury. We will continue our work with law enforcement partners to vigorously prosecute gun violence and drug trafficking crimes, and to pursue justice for the victims of violent crimes.”
According to the Superseding Indictment and the evidence at trial:
In June 2017, Kasheen Samuels and others conspired to rob a man of money and jewelry in the Bronx, New York and Middlesex County, New Jersey. The robbery took place in a New Jersey hotel, during which a young man was shot and killed. SAMUELS assisted in planning the robbery, provided a gun that was used during the robbery, and obtained jewelry stolen from one of the victims.
In addition, during April 2016, SAMUELS and others conspired to steal drug-trafficking proceeds near an autobody shop in the Bronx. SAMUELS also conspired to distribute large quantities of heroin and crack cocaine in the Bronx and Burlington, Vermont, from 2015 to 2018.
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SAMUELS, 34, was convicted of conspiracy to commit robbery in April 2016, which carries a maximum prison term of twenty years; conspiracy to commit robbery in June 2017, which carries a maximum prison term of twenty years; robbery on June 21, 2017, which carries a maximum prison term of twenty years; murder through the use of a firearm on June 21, 2017, which carries a mandatory consecutive prison term of five years and a maximum prison term of life; and conspiring to distribute and possess with intent to distribute crack cocaine and heroin, which carries a mandatory minimum prison term of ten years and a maximum prison term of life. SAMUELS was acquitted of one count of attempted robbery in April 2016 and one count of using a firearm in connection with that attempted robbery.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding work of the Special Agents of the U.S. Attorney’s Office. Ms. Strauss also thanked the Middlesex County Prosecutor’s Office of New Jersey, the Drug Enforcement Administration, the Federal Bureau of Investigation, the New York State Police, the Burlington Police Department, the New York City Police Department, and the Yonkers Police Department for their assistance.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Jessica K. Fender, Mollie Bracewell, Christopher Brumwell, and Jason Swergold, and paralegal specialist Christopher Sykes, are in charge of the prosecution.
Boston Man Charged with Firearm and Ammunition OffensesRead the Press Release
BOSTON – A Boston man was arrested and charged on Friday, Aug. 6, 2021 in connection with illegal possession of a firearm and ammunition.
Jammy Alphonse, 27, was charged with one count of being a felon in possession of a firearm and ammunition. Following an initial appearance before U.S. Magistrate Judge Jennifer C. Boal, Alphonse was detained pending a probable cause and detention hearing scheduled for Aug. 12, 2021.
According to the charging documents, on July 26, 2021, law enforcement responded to a report of shots fired in the area of Cherry Street and Harvard Street in Cambridge and observed a vehicle fleeing the scene. Shortly thereafter, law enforcement located the vehicle crashed and abandoned on I-93. Through its investigation, law enforcement connected the vehicle to Alphonse and recovered video surveillance showing Alphonse in the area where the vehicle was abandoned. A search of Alphonse’s residence recovered keys consistent with the make and model of the vehicle and a loaded Glock Model 43x 9mm firearm. Alphonse is prohibited from possessing a firearm and ammunition due to a previous felony conviction in February 2020 for credit card fraud.
The charge of belong a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, up to three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; Boston Police Acting Commissioner Gregory Long; Cambridge Police Commissioner Branville Bard; and Nikitas Splagounias, Acting Special Agent in Charge of Department of Labor, Office of Inspector General, Office of Investigations, made the announcement. Assistant U.S. Attorney J. Mackenzie Duane of Mendell’s Major Crimes Unit is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Berkeley County woman sentenced for role in drug conspiracyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Ashley Lynn Hess, of Inwood, West Virginia, was sentenced today to 36 months of incarceration for her role in a drug conspiracy that spanned several states, Acting United States Attorney Randolph J. Bernard announced.
Hess, 32, pled guilty in November 2020 to one count of “Distribution of a Mixture and Substance Containing Phencyclidine (PCP)” and one count of “Aiding and Abetting Distribution of Cocaine Hydrochloride.” Hess admitted to selling PCP and cocaine hydrochloride or “coke” in September 2019 in Berkeley County.
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.
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, prosecuted the case on behalf of the government. The FBI; Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms & Explosives; and the Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Original press release here: https://www.justice.gov/usao-ndwv/pr/25-charged-six-state-drug-conspiracy-involving-heroin-fentanyl-cocaine
Amherst Man Pleads Guilty to Threatening Members of Congress and New Hampshire State RepresentativeRead the Press Release
CONCORD –Ryder Winegar, 34, of Amherst, pleaded guilty on Friday in federal court to six counts of threatening members of Congress and one count of transmitting interstate threatening communications, Acting United States Attorney John J. Farley announced.
In February 2021, Winegar was indicted by a federal grand jury and charged with six counts of threatening members of Congress and one count of transmitting interstate threatening communications.
According to court documents and statements made in court, in the early morning hours of December 16, 2020, Winegar left voicemails at the offices of six members of the United States Congress in the District of Columbia. In some of the messages, Winegar identified himself by name or identified his telephone number. The voicemails threatened to hang the members of Congress if they did not “get behind Donald Trump.” For example, in one message, Winegar allegedly said, “I got some advice for you. Here’s the advice, Donald Trump is your president. If you don’t get behind him, we’re going to hang you until you die.”
Following his arrest on about January 11, 2021, investigators learned of a separate, e-mailed threat to a member of the New Hampshire State House of Representatives on December 14, 2020, in which Winegar threatened to pull the representative from his bed and hang him.
Winegar is scheduled to be sentenced on December 1, 2021. He has been in custody since his January arrest.
“While political expression is protected speech, threats to commit acts of violence constitute serious federal crimes,” said Acting U.S. Attorney Farley. “By threatening to kill members of Congress and a member of the New Hampshire House of Representatives, this defendant sought to intimidate public officials. As this prosecution demonstrates, such conduct is not acceptable and will not be tolerated.”
“Ryder Winegar crossed a line when he threatened to hang six members of Congress, and a New Hampshire state lawmaker, if they didn’t conform to his beliefs. His actions, to which he admitted to today, are crimes, not protected speech,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “The FBI will ensure individuals who engage in criminal conduct with the intent on harming our public servants are held accountable."
The case was investigated by the U.S. Capitol Police with assistance from the United States Marshals Service, U.S. Customs and Border Protection, Federal Bureau of Investigation, and the Amherst Police Department. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Albany Doctor Admits to Violating the Controlled Substances ActRead the Press Release
ALBANY, NEW YORK – Dr. Larry Bruni has agreed to pay the United States $50,000 to resolve allegations that on numerous occasions from 2016 through 2020, he prescribed controlled substances without a legitimate medical purpose or outside the usual course of a professional medical practice, in violation of the Controlled Substances Act. Dr. Bruni also agreed to surrender DEA registration, and will not seek another DEA registration for at least 15 years. The amount of the civil penalty is based on Dr. Bruni’s inability to pay a higher amount.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Special Agent in Charge Ray Donovan, U.S. Drug Enforcement Administration (DEA), New York Division.
“Prescription pads are for the medication patients need, not drugs they want,” said Antoinette T. Bacon, Acting United States Attorney for the Northern District of New York. “We will continue to work with the Drug Enforcement Administration to enforce the Controlled Substances Act by pursuing civil remedies when there is evidence that physicians have violated their oath to do no harm by writing unlawful prescriptions.”
“Instead of providing appropriate treatment and a safe haven for patients, Dr. Bruni perpetuated the cycle of addiction,” said Special Agent in Charge Ray Donovan, DEA New York Division. “I commend the Northern District of New York and the Diversion Investigators of the Albany District Office for their resolve to this investigation. DEA and our dedicated partners will continue to investigate those DEA Registrants who choose to neglect their duties and harm those they swore to protect.”
The Settlement Agreement resolves allegations that while Dr. Bruni purported to treat patients for substance abuse, he actually facilitated continued addiction and drug abuse. Examples of conduct include:
- Prescribing Adderall to a patient Dr. Bruni knew was abusing cocaine and methamphetamines, contributing to a high risk of heart attack or stroke for that individual;
- Prescribing Adderall to a patient who repeatedly tested negative for having taken Adderall, suggesting that those prescriptions were not medically necessary or that the medication was being diverted to the illegal market;
- Prescribing ketamine to patients to self-administer even though that drug is typically administered only in a medical setting because it induces a trance-like and dissociative state. In one case, a patient was injured at work while under the influence of ketamine; and
- Prescribing fentanyl strips for a patient who had ongoing substance abuse problems and ultimately died of fentanyl intoxication.
The DEA suspended Dr. Bruni’s DEA Registration in March 2021, which Dr. Bruni agreed to surrender in June 2021. As a result, Dr. Bruni is no longer able to write prescriptions for controlled substances. Pursuant to the Agreement, Dr. Bruni also agreed not to reapply for a DEA registration for at least 15 years.
This case was investigated by the DEA Albany District Office Diversion Group. Assistant United States Attorney Christopher R. Moran represented the United States in this matter.
- Prescribing Adderall to a patient Dr. Bruni knew was abusing cocaine and methamphetamines, contributing to a high risk of heart attack or stroke for that individual;
Sunday 8 August 2021
Michigan Biodiesel Exporter Sentenced to Prison for Tax FraudRead the Press Release
WASHINGTON – A Bloomfield, Michigan, businessman, who operated a biodiesel fuel company, was sentenced to 30 months in prison today for filing a false income tax return.
Chandra Yarlagadda owned and operated Alpha Bioenergy LLC, formerly known as Naturol Bioenergy LLC, which purchased and sold biodiesel fuel. Under the Clean Air Act and related federal regulations, companies such as Alpha that exported biodiesel fuel were required to purchase and retire Renewable Identification Numbers (RINs) for any volume of renewable fuel they exported. The RINs are used by the Environmental Protection Agency to track compliance with its annual Clean Air Act standards.
According to court documents, Yarlagadda reported income and expenses associated with Alpha on Schedules C attached to his personal income tax returns. Yarlagadda admitted as part of his plea that on the Schedules C attached to his 2009, 2010, and 2011 tax returns, he substantially overstated expenses associated with the purchase of RINs. For these three years, Yarlagadda reported RIN expenses totaling more than $14.2 million, when, in fact, he was only entitled to claim approximately $80,000 in RIN expenses for those years. Yarlagadda admitted that if he had not claimed these false deductions, he would have owed an addition $2.3 million in federal income taxes.
In addition to the term of imprisonment, U.S. District Judge Gershwin A. Drain ordered Yarlagadda to serve one year of supervised release and pay restitution to the IRS in the amount of $3,285,303.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Saima S. Mohsin for the Eastern District of Michigan made the announcement.
IRS Criminal Investigation, the U.S. Environmental Protection Agency – Criminal Investigation Division, and U.S. Immigration and Customs Enforcement – Homeland Security Investigations, conducted the investigation.
Trial Attorneys Melissa S. Siskind and Sarah C. Ranney of the Tax Division prosecuted the case, and Assistant U.S. Attorney Stephen Hiyama of the Eastern District of Michigan provided substantial assistance in this matter.
Additional information about the Tax Division and its enforcement efforts can be found on the division’s website.
Friday 6 August 2021
York County Man Charged with Producing, Receiving and Possession of Child Pornography and Enticing A Minor to Engage in Sexual ConductRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced that on August 4, 2021, Jeremy Fallbeck, age 31, of York, Pennsylvania, was charged with producing, receiving, and coercing child pornography and enticing a child to engage in unlawful sexual activity.
According to Acting U.S. Attorney Bruce D. Brandler, the indictment charges Fallbeck with producing and attempting to produce child pornography, receiving child pornography, possessing child pornography, and coercing or enticing a child to engage in unlawful sexual activity from on or about January 9, 2019 until on or about August 25, 2019, in York County.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Christian Haugsby is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is up to life imprisonment, a term of up to lifetime supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Woman found guilty of second-degree murder and intentional child abuse for death of two-month old infantRead the Press Release
ALBUQUERQUE, N.M. – A federal jury on Aug. 5 found Sophia Monique Zayas, 39, guilty of second-degree murder, intentional child abuse resulting in death, intentional child abuse resulting in great bodily harm, intentional child abuse not resulting in great bodily harm, and aiding and abetting. Zayas will remain in custody pending sentencing, which has not been scheduled.
On Feb. 19, 2014, her husband, Peter Zayas, pleaded guilty to negligent child abuse resulting in great bodily harm. In his plea agreement, Peter Zayas admitted that between August 16, 2007, and Oct. 22, 2007, he permitted his infant to be in a situation that endangered her life knowing that there was a foreseeable risk that she would be physically harmed or killed by leaving her in the care of Sophia Zayas, knowing that she had a history of alcohol abuse. Peter Zayas acknowledged that the infant sustained posterior transverse skull fractures, rib fractures, and radius and ulna fractures as a result of his negligence. At the time of the offenses, Peter Zayas was a sergeant with the U.S. Air Force and was stationed at Holloman Air Force Base. On Oct. 2, 2018, he was sentenced to 15 years in prison.
Previously, Sophia Zayas pleaded guilty on Feb. 24, 2014, to negligent child abuse resulting in great bodily harm. However, in November of 2015, her counsel filed a motion to withdraw her guilty plea, asserting that her plea was not knowing and voluntary following a change in the relevant child abuse law. The district court denied that motion on Feb. 8, 2017. On Sept. 27, 2018, she was sentenced to 15 years in prison, but successfully appealed the district court’s decision to the Tenth Circuit Court of Appeals. On Feb. 6, 2020, the Tenth Circuit remanded the case back to the district court with instructions to vacate her guilty plea.
Sophia Zayas now faces the possibility of life in prison.
The FBI and the Air Force Office of Special Investigations investigated this case. Assistant U.S. Attorneys Maria Y. Armijo and Christopher McNair are prosecuting the case.
Whitley County Man Sentenced to 27 Years for Producing Child PornographyRead the Press Release
LONDON, Ky. - A Williamsburg, Ky., man, Amos Sparkman, 26, was sentenced Thursday, to 27 years in federal prison for production of child pornography, by U.S. District Judge Claria Horn Boom.
According to his plea agreement, in October 2020, Sparkman started an online relationship with a minor female using the social media platform Snapchat. Sparkman confessed to a sexual relationship with the minor and possessed a video of the minor performing sexual acts on Sparkman. Sparkman admitted that he used the minor victim to produce visual depictions of the minor engaging in sexually explicit conduct and that the depictions were then transported using Snapchat.
Sparkman was previously convicted of Harassment and Physical Contact with a child and of Sexual Abuse, Second Degree of another minor. Sparkman was a registered sex offender at the time he produced child pornography with his third minor victim. When law enforcement arrested Sparkman, he stated he was planning to meet another girl.
Sparkman was indicted in January 2020 and entered a guilty plea on March 2, 2021.
Under federal law, Sparkman must serve 85 percent of his prison sentence, and upon his release from prison will be under the supervision of the U.S. Probation Office for 10 years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Edward J. Gray-, Acting Special Agent in Charge, FBI, Louisville Field Office, and Colonel Phillip Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the sentence.
The investigation was conducted by the FBI with assistance from the Kentucky State Police. The United States was represented by Assistant U.S. Attorney Jenna E. Reed.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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West Roxbury Woman Pleads Guilty to Wire FraudRead the Press Release
BOSTON – A West Roxbury woman pleaded guilty yesterday in federal court in Boston in connection with a scheme involving inferior merchandise refunds.
Tamara Khatuntseva, 64, pleaded guilty to wire fraud before U.S. Senior District Court Judge Douglas P. Woodlock who scheduled sentencing for Dec. 6, 2021. Khatuntseva was charged on July 20, 2021.
In December 2018, law enforcement initiated an investigation into multiple individuals who were suspected of engaging in activities to defraud runway stores across Massachusetts. From December 2018 through approximately August 2020, Khatuntseva engaged in a scheme to defraud a store through refunds of inferior merchandise including high end and expensive jewelry, clothing, purses, handbags, luggage and shoes. Specifically, Khatuntseva admitted to returning merchandise purportedly purchased from the store, but that was actually not purchased from the store and was of inferior quality, for a full refund and then selling the legitimate merchandise on the internet. For example, Khatuntseva was captured on video surveillance purchasing a pink Gucci scarf for $399, which was then listed for sale on an eBay site associated with Khatuntseva. Several days later, video surveillance showed Khatuntseva returning a different scarf – with the same bar code – and receiving a full refund. The company’s loss as a result of Khatuntseva participation in this scheme is estimated to be between $40,000 and $150,000.
The charge of wire fraud provides a sentence of up to 20 years in prison, three years of supervised release, a fine of $250,000, forfeiture and restitution. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Assistant U.S. Attorney Laura J. Kaplan of Mendell’s Organized Crime and Gang Unit is prosecuting the case.
West Haven Man Charged with Narcotics and Ammunition OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford has returned an indictment charging CHAZ REDDICK, 38, of West Haven, with narcotics and ammunition offenses.
The indictment was returned on August 3 and Reddick appeared yesterday before U.S. Magistrate Judge Robert A. Richardson in Hartford and entered a plea of not guilty. He has been detained since his arrest on related state charges on April 20, 2021.
As alleged in statements made in court, on April 20, 2021, Reddick was arrested by West Haven Police after a court-authorized search of his apartment revealed a distribution quantity of crack cocaine and multiple rounds of ammunition.
It is alleged that Reddick’s criminal history includes state felony convictions for firearm, drug and larceny offenses. It is a violation of federal law for someone previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
The indictment charges Reddick with one count of possession with intent to distribute 28 grams or more of cocaine base (“crack”), which carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years, and one count of possession of ammunition by a felon, which carries a maximum term of imprisonment of 10 years.
Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation’s New Haven Safe Streets/Gang Task Force and the West Haven Police Department. The case is being prosecuted by Assistant U.S. Attorney Conor M. Reardon.
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.
Washington County Man Charged with Illegal Possession of a Machinegun and AmmunitionRead the Press Release
ALBANY, NEW YORK – Daniel Day, age 34, of Argyle, New York, was arrested and charged by criminal complaint today with unlawfully possessing ammunition as a felon and illegally possessing a machinegun on August 5, 2021.
The announcement was made by Acting United States Attorney Antoinette T. Bacon; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The criminal complaint alleges that Day, who has a prior felony conviction for unlawfully possessing a firearm as a user of a controlled substance, possessed ammunition and a machinegun at his residence in Argyle, on August 5, 2021. Law enforcement also located other firearms and ammunition at his residence. The charges in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Day faces up to 10 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years. 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.
Day appeared today before United States Magistrate Judge Christian F. Hummel, who ordered him detained.
This case was investigated by the FBI's Joint Terrorism Task Force (JTTF), with assistance from the New York State Police and ATF, and is being prosecuted by Assistant U.S. Attorneys Alexander Wentworth-Ping and Richard Belliss.
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.
Virginia Man Sentenced for $1.3 Million Fraud Schemes and Receipt of Child PornographyRead the Press Release
RICHMOND, Va. – A Glen Allen man was sentenced today to 151 months in prison for wire fraud, engaging in an unlawful monetary transaction using fraud proceeds, and receipt of child pornography.
“Not only did the defendant defraud innocent victims through a million dollar investment fraud scheme designed to maintain his lifestyle, but he also painfully contributed to the exploitation of children by collecting thousands of materials depicting child sexual abuse,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We are thankful to the FBI and USPIS for their thorough investigative efforts and close partnership with our Office to hold the defendant accountable for his appalling conduct.”
According to court documents, Gordon G. Miller III, 56, was the sole owner and operator of G3 Systems, Inc., a software engineering company, and G3i Ventures, LLC, purportedly a venture capital company. Starting around 2017, Miller began to engage in overlapping fraud schemes to prevent his companies from going out of business and to maintain his lifestyle in the absence of legitimate income.
One scheme involved the solicitation of contacts in an online question-and-answer forum, where Miller falsely represented himself as an entrepreneur with a significant net worth, multiple advanced degrees, and expertise investing in technology companies. Between 2017 and 2018, through various misrepresentations, Miller fraudulently obtained approximately $1 million from at least 10 individuals through this scheme.
Another fraud entailed the diversion of a federal subcontract to G3 Systems, which he obtained using misrepresentations regarding his educational experience. Once he secured the subcontract, Miller submitted fraudulent timesheets and invoices to obtain more than $300,000 in payments from the prime contractor. Between 2018 and 2019, Miller took checks he received from the contractor to a check-cashing store in Richmond to convert the proceeds of the contract-fraud scheme to cash.
During the investigation of the above-described fraud schemes, federal agents obtained a search warrant for Miller’s residence. During the preliminary examination of devices seized from Miller’s home, agents discovered child sexual abuse material. After the execution of a search warrant targeting such material, and based on a review of the material which continued following Miller’s guilty plea, agents discovered more than 11,000 images or videos constituting child pornography, including images or videos Miller obtained between August 2017 and September 2020.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office; and Daniel A. Adame, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr.
Assistant U.S. Attorneys Katherine Lee Martin and Kevin Elliker prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:20-cr-109.
Victim Advisory- United States v. Choksi, et al. Case UpdatesRead the Press Release
CASE NAME: United States v. Choksi, et al., Criminal Case No. 3:19-cr-160
COURT: U.S. District Court for the Eastern District of Virginia, Richmond Division
CASE SUMMARY: The remaining defendants in this case, Shehzadkhan Khandakhan Pathan, Pradipsinh Dharmendrasinh Parmar, and Sumer Kantilal Patel have each pleaded guilty to offenses in connection with their participation in a conspiracy to commit mail and wire fraud. The purpose of this conspiracy was to defraud victims of money through unsolicited telephone calls originating from a call center in India operated by Pathan. Each defendant faces a maximum sentence of 20 years in prison for this conspiracy. Defendants Pathan and Parmar each also face an additional mandatory minimum sentence of two years for their convictions of aggravated identity theft.
According to court documents, conspirators at the call center used automated, previously recorded calls, commonly referred to as “robocalls,” to initiate contact with victims. These robocalls usually contained messages designed to create a sense of urgency with the call recipient, including threats of serious legal problems, usually criminal in nature, that required immediate action in order to avoid drastic consequences, including arrest and/or significant financial penalties. Victims would be instructed to stay on the line or to call a particular number.
Eventually victims would speak with one or more live persons, who used a variety of scripts incorporating different fraud schemes to persuade victims to send money, including the following scripts:
- Conspirators impersonated an official with a federal law enforcement agency, such as the FBI or DEA, to convince victims that they were the subjects of criminal investigations, often involving the prospective seizure of all of the victims’ financial assets. Conspirators told victims to ship packages of cash or preloaded payment cards to addresses purportedly used to receive official government mail as demonstrations of good faith to avoid immediate arrest and prosecution. Conspirators promised victims that the money would be returned, sometimes with interest, if they were ultimately cleared of wrongdoing.
- Conspirators also posed as employees of federal agencies, such as the Social Security Administration or the Internal Revenue Service, to convince victims to send packages of cash and/or preloaded payment cards, or to wire funds, in order to keep or restore their federal benefits or as payment for purported tax bills.
- Conspirators also told victims that they had been approved for loans that required an earnest money or initial installment payment, which conspirators directed victims to send by wire transfer via Western Union, MoneyGram, or Walmart2Walmart. The typical amount of the requested transfers ranged from several hundred dollars up to three thousand dollars.
Pathan operated the call center in India through which the robocalls and follow-up calls were made. Pathan also recruited, supervised, and operated a network of money couriers in the United States who would retrieve victim shipments and wire transfers and then send the bulk of those funds to conspirators, including Pathan, through deposits into various bank accounts and via informal money transmitters, known as hawalas. These networks operated in several states, including Virginia, Minnesota, New Jersey, California, Indiana, Texas, and Illinois. Victim cash shipments were often directed to addresses in these states. Parmar and Patel worked for Pathan as money mules.
CASE STATUS: Pathan is scheduled to be sentenced on September 16. Parmar and Patel are scheduled to be sentenced on September 20.
VICTIM RESPONSE: To ensure that members of the public, including potential victims of this conspiracy, are informed of developments in this ongoing case, the U.S. Attorney’s Office has established a page on its website, available at the following link: https://www.justice.gov/usao-edva/united-states-v-chirag-choksi-et-al.
The website currently includes a copy of the second superseding indictment, plea agreements, and statements of fact filed in this case with respect to defendants Pathan, Parmar, and Patel. Victims with questions can email the United States Attorney’s Office at [email protected], referencing the above case name and docket number. The website includes information for submitting victim impact statements, which may be emailed or mailed to:
U.S. Attorney’s Office
Eastern District of Virginia
Attn: Dutch Parcel
919 E. Main Street, Suite 1900
Richmond, VA 23219
Two West Plains Men Sentenced for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Two West Plains, Missouri, men were sentenced in federal court today for their roles in a conspiracy to distribute methamphetamine in Howell, Greene, and Texas counties.
Benny D. Griffin, 59, and Jordan W. Gutierrez, 26, were sentenced in separate appearances before U.S. District Judge Stephen R. Bough. Griffin was sentenced to 15 years in federal prison without parole. Gutierrez was sentenced to 12 years and six months in federal prison without parole.
Griffin and Gutierrez each pleaded guilty on March 25, 2021, to participating in a conspiracy to distribute methamphetamine in Howell, Greene, and Texas counties from Dec. 31, 2015, to June 21, 2019. Griffin also pleaded guilty to possessing a firearm in furtherance of a drug-trafficking crime.
On Nov. 26, 2018, law enforcement officers executed a search warrant at Griffin’s residence. They searched Griffin, who had 1.947 grams of pure methamphetamine in his pocket. During a search of the property, officers found a black waterproof case in the wood line approximately 100 yards from the residence. Inside the case, officers found multiple bags of methamphetamine, which totaled 851 grams of pure methamphetamine. Officers also found several bags of marijuana, drug paraphernalia, and surveillance equipment both inside and outside the residence. Officers seized $16,098, which has been forfeited to the government as the proceeds of drug trafficking, from a living room safe. Officers also found a loaded Ruger .22-caliber pistol on the bed in the master bedroom.
Griffin told officers he had obtained the methamphetamine a few days earlier from co-defendant Fontella J. Noose, 40, of Springfield. Griffin rented a vehicle and drove it to Springfield, Mo. He stayed in a hotel while Noose took the vehicle to Tulsa, Oklahoma, to purchase the methamphetamine. Noose picked up three pounds of methamphetamine on the trip and gave him two of the pounds. Griffin said he provided all of the cash for the drugs and Noose owed him $9,000 for her pound and another pound she had kept on a previous transaction.
Griffin told officers he had used Noose as his source of supply for approximately three months and had conducted four or five transactions with her, having gotten three pounds of methamphetamine on each occasion. Griffin said he paid $5,000 per pound of methamphetamine.
Noose, who pleaded guilty to her role in the conspiracy, was sentenced on March 25, 2021, to 20 years in federal prison without parole.
Gutierrez was arrested on Sept. 25, 2018, while returning from a trip to Oklahoma to purchase illegal drugs. When officers detained Gutierrez at a truck stop in Cabool, Mo., he was in possession of 70.63 grams of methamphetamine.
Although the methamphetamine seized at the time of his arrest was purchased from a different source, Gutierrez told officers that he purchased methamphetamine from co-defendant Shirley J. Hicks, 63, of West Plains, on a consistent basis for approximately two months during the conspiracy. Gutierrez purchased one ounce at a time from Hicks, several times per month.
Hicks has pleaded guilty to her role in the conspiracy, as well as to possessing methamphetamine with the intent to distribute. When law enforcement officers executed a search warrant at Hicks’s residence on July 24, 2018, they found a red toolbox inside a shop/barn that contained six bags with a total of 5.627 kilograms of pure methamphetamine. Inside a bedroom closet in the house, officers also found12 bags with a total of 243 grams of pure methamphetamine inside a black leather bag, and a bag of methamphetamine inside a blue waterproof box that contained 122.892 grams of pure methamphetamine. Officers also seized a total of $20,393, which Hicks admitted was proceeds from her distribution of methamphetamine.
Co-defendants Jose I. Gonzales, 39, and Shaun M. Ross, 43, both of West Plains, also have pleaded guilty and await sentencing.
This case is being prosecuted by Assistant U.S. Attorney Jessica R. Sarff. It was investigated by the South Central Drug Task Force, the Drug Enforcement Administration, the Missouri State Highway Patrol, the Howell County, Mo., Sheriff’s Department, the West Plains, Mo., Police Department, and the Mountain View, Mo., Police Department.