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22 September 2021
Monroe Prior Sex Felon Sentenced to 10 Years in PrisonRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that EDUARDO TALENTINO was sentenced to 10 years in prison by United States District Judge Vincent Briccetti for possessing, and accessing with intent to view, images of child pornography, possessing a firearm after having been convicted of a felony, and failing to register as a sex offender. The sentencing today followed TALENTINO’s guilty plea on May 27, 2021.
U.S. Attorney Audrey Strauss said: “This case underscores the urgent need for law enforcement to continue to use every available tool to prosecute and punish those who sexually exploit children.”
According to documents filed in this case and statements made in related court proceedings:
On May 27, 2021, TALENTINO pled guilty to a three-count Information. Count One charged him with possessing, and accessing with intent to view, images of child pornography, including images of prepubescent children and minors who had not attained the age of 12, on a phone in Orange County, New York, in violation of Title 18, United States Code, Section 2252A(a)(5)(b) and (b)(2). Count Two charged that TALENTINO, after having been convicted of a felony, possessed a Colt Pocket Positive .32 caliber revolver. Count Three charged that TALENTINO, while required to register as a sex offender pursuant to the Sex Offender Registration and Notification Act (“SORNA”), failed to register as a sex offender.
In August 1997, in the Commonwealth of Massachusetts, Suffolk Superior Court, TALENTINO was convicted of two counts of Rape of a Child, one count of Assault with Intent to Commit Rape, two counts of Indecent Assault and Battery on a Child Under 14, one count on Indecent Assault and Battery on a Person 14 and Over, and two counts of Disseminate Matter Harmful to Minors. For these offenses, TALENTINO was sentenced to a term of four years and a day in prison.
On November 7, 2019, TALENTINO pled guilty in Orange County Court to Unauthorized Practice of Profession, and on February 13, 2020, he was sentenced to one to three years in prison.
In or about December 2017, TALENTINO became the guardian of a 16-year-old minor (“Victim-1”). While acting as Victim-1’s guardian, TALENTINO sexually abused Victim-1.
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In addition to the prison term, TALENTINO, 56, of Monroe, New York, was sentenced to lifetime supervised release.
Ms. Strauss praised the efforts of the Federal Bureau of Investigation, the Orange County District Attorney’s Office, the New York State Police, the Orange County Child Sexual Abuse Task Force, Orange County Child Protective Services, and the Orange County Sherriff’s Office in connection with this investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney Marcia S. Cohen is in charge of the prosecution.
Monongalia County woman sentenced for role in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ashley Johnson, of Morgantown, West Virginia, was sentenced today to 18 months of incarceration for her role in methamphetamine, crack cocaine, fentanyl, and heroin drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
Johnson, age 34, pled guilty in April 2021 to one count of “Unlawful Use of Communication Facility.” Johnson admitted to using a phone to distribute methamphetamine, cocaine base, also known as “crack,” cocaine hydrochloride, also known as “coke,” fentanyl, and heroin in April 2020 in Monongalia County.
Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner prosecuted the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnership with the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated. The Task Forces have members from the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; West Virginia State Police; Monongalia County Sheriff's Office; and, the Morgantown, WVU, Granville and Star City Police Departments. The investigation was also assisted by the following law enforcement partners: the Monongalia County Prosecutor’s Office, the FBI in Houston, Texas; the Houston Police Department's Multi Agency Gang Initiative; the United States Postal Inspection Service in Houston; and, the FBI and DEA in Los Angeles, California.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
U.S. District Judge Thomas S. Kleeh presided.
Mohamed Haji Sentenced to 130 Months in Prison for Conspiring to Provide Material Support to IsisRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Chief United States District Judge Robert J. Jonker sentenced Mohamed Salat Haji, age 28, of Lansing, Michigan to serve 130 months in federal prison for conspiring to provide material support to the Islamic State of Iraq and al-Sham (“ISIS”), a designated foreign terrorist organization. Mohamud Muse was also ordered to serve 12 years of supervision by the court, following his release from prison. The government sought a sentence of 240 months in prison consistent with the sentence recommended by the United States Sentencing Guidelines.
On January 21, 2019, special agents of the Federal Bureau of Investigation and members of its Joint Terrorism Task Force arrested Haji at the Gerald R. Ford International Airport in Grand Rapids, Michigan, after Haji had helped his cousin, Muse Muse, check in for a flight to the first of a series of destinations on his way to Mogadishu, Somalia, with the goal of joining ISIS. Their relative, Mohamud Muse, also was arrested for conspiring to provide material support to ISIS.
According to court documents, between December 2018 and January 2019, Muse Muse coordinated with an individual he believed to be a Somali ISIS fighter to wire funds to be used to purchase airline tickets for travel to Mogadishu, Somalia, where he believed he would meet an ISIS representative. All three defendants picked up money to provide Muse Muse the funds to travel to join ISIS, all three defendants pledged allegiance to ISIS in recorded videos, and all three submitted their videos to individuals they believed were associated with ISIS. Additionally, records provided to the Court at sentencing demonstrated that throughout the conspiracy, which began in January 2017, all three defendants participated in numerous conversations during which they discussed traveling overseas to join ISIS and even adopted fighter aliases by which they would be known when fighting for ISIS.
In June 2021, Haji pled guilty to the charge, admitting that he: (1) agreed with one or more individuals to provide material support or resources (which includes personnel) to ISIS, a foreign terrorist organization; (2) knew that ISIS was a designated foreign terrorist organization or had engaged or engages in terrorist activity or terrorism; and (3) is a U.S. national and that part of the offense occurred in the United States. He further admitted that the individuals he conspired with were his relatives and co-defendants, Muse Muse and Mohamud Muse.
In August 2021, Muse Muse was sentenced to serve 78 months in prison and Mohamud Muse was sentenced to serve 98 months in prison for their respective roles in the offense. This is the third and final defendant to be sentenced in the case.
The Federal Bureau of Investigation (FBI) led the investigation and was assisted by the Michigan State Police, Kent County Sheriff’s Office, Eaton County Sheriff’s Office, Michigan State University Police Department, Lansing Police Department, Grand Rapids Police Department, Gerald R. Ford Airport Police, the U.S. Marshals Service, and the Department of Homeland Security Transportation Security Administration, Federal Air Marshals, and Customs and Border Protection.
Assistant United States Attorneys Clay M. West and Christopher O’Connor prosecuted the case with assistance from the National Security Division Counterterrorism Section.
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Middlesex County Man Admits Selling Carvings Made of Sperm Whale IvoryRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey, man today admitted the interstate sale of carvings made of sperm whale ivory, Acting U.S Attorney Rachael A. Honig announced.
Richard Gontarek, 55, of Woodbridge, New Jersey, pleaded guilty before U.S. Magistrate Judge Michael A. Hammer in Newark federal court to an information, charging him with two counts of violating the Lacey Act, by selling to a buyer in Pennsylvania carvings made of sperm whale ivory that Gontarek should have known were possessed in violation of New Jersey State law.
According to documents filed in this case and statements made in court:
On Jan. 3, 2018, and on Dec. 6, 2018, Gontarek shipped a package containing a carving made from the tooth of a sperm whale to a buyer in Etter, Pennsylvania, in exchange for payment. Sperm whales are listed in Appendix I to the Convention on International Trade in Endangered Species of Wild Fauna and Flora.
The Lacey Act makes it a crime to sell in interstate commerce wildlife possessed in violation of any state law when in the exercise of due care the seller should have known that the wildlife was possessed in violation of the state law. New Jersey state law makes it unlawful for any person to possess with intent to sell ivory or any item that contains or is made from ivory.
As part of his plea agreement, Gontarek has agreed to pay a fine of $2,800 to the U.S. Fish and Wildlife Service Lacey Act Reward Fund.
Each of the charges to which Gontarek pleaded guilty carries with it a maximum penalty of one year in prison and a maximum fine of $100,000. Sentencing is scheduled for Jan. 25, 2022.
Acting U.S. Attorney Honig credited special agents of the U.S. Fish and Wildlife Service, Office of Law Enforcement, under the direction of Resident Agent in Charge Sean Mann, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Kathleen P. O’Leary of the U.S. Attorney’s Office Government Fraud Unit in Newark.
Member of Paterson Drug Ring Admits Drug Conspiracy and Distribution of FentanylRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man today admitted participating in a conspiracy to distribute heroin, Acting U.S. Attorney Rachael A. Honig announced.
Shamir Williams, 26, of Paterson, New Jersey, pleaded guilty by videoconference before U.S. District Judge Stanley R. Chesler to an information charging him with conspiracy to distribute and possess with intent to distribute 40 grams or more of fentanyl and 100 grams or more of heroin and distribution of fentanyl.
According to documents filed in this case and statements made in court:
From May 2020 through Aug. 13, 2020, Shamir Williams, 26, conspired with others to distribute heroin and fentanyl. On June 11, 2020, Williams negotiated the sale of approximately 12,500 glassines of heroin, and then arranged for the delivery of the heroin, from the District of New Jersey to the District of Vermont.
The drug conspiracy charged in count one of the information carries a mandatory minimum penalty of five years in prison, a maximum of 40 years in prison, and a fine of at least $5 million. Distribution of fentanyl, as charged in count two of the information, carries a maximum penalty of 20 years in prison and a fine of at least $1 million. Sentencing is scheduled for Feb. 2, 2022.
Acting U.S. Attorney Honig credited special agents and task force officers with the DEA in New Jersey and New England, under the direction of Special Agents in Charge Susan A. Gibson and Brian D. Boyle, respectively, with the investigation leading to today’s guilty plea.
This investigation was conducted as part of the Paterson Violent Crime Initiative (VCI). The VCI was formed in 2020 by the U.S. Attorney’s Office for the District of New Jersey and the Passaic County Prosecutor’s Office, for the sole purpose of combatting violent crime in and around Paterson. As part of this partnership, federal, state, county, and city agencies collaborate to strategize and prioritize the prosecution of violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration’s (DEA) New Jersey Division, the Department of Homeland Security – Homeland Security Investigations, the Paterson Police Department, the Passaic County Prosecutor’s Office, the Passaic County Sheriff’s Office, New Jersey State Parole, and the New Jersey State Police Regional Operations and Intelligence Center/Real Time Crime Center.
The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit.
Melbourne Woman Sentenced to 15 Years in Federal Prison for Producing Child Sex Abuse Videos and Distributing Them over the InternetRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger has sentenced Lisa Vaughn (23, Melbourne) to 15 years in federal prison for producing and distributing videos depicting the sexual abuse of a child. Vaughn was also ordered to serve a 10-year term of supervised release and register as a sex offender.
Vaughn had pleaded guilty on June 21, 2021.
According to court documents, on or about May 29, 2016, Person One contacted Vaughn through an online social media application. At the time, Vaughn was 18 years old and resided in Melbourne, Florida. Person One portrayed himself as a 19-year-old male living in Florida named “David Brown.” The two began, what Vaughn believed to be, an online romance that continued through 2017. Person One, in reality, was approximately 41 years old and lived in Oregon. Throughout the conversations between Person One and Vaughn, Person One requested that Vaughn engage in sexual acts with a particular minor child (the “Child”) and Vaughn agreed. In total, Vaughn produced and distributed to Person One approximately 8 videos and 5 images of child sexual abuse material depicting Vaughn as she sexually abused the pre-teen Child.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Jennifer M. Harrington.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Man who shot bank teller in the head gets life…and moreRead the Press Release
BROWNSVILLE, Texas – A 28-year-old Harlingen man has been ordered to federal prison for life for robbing a bank with a dangerous weapon, announced Acting U.S. Attorney Jennifer B. Lowery.
Muhamed Pathe Bah pleaded guilty June 28 on the eve of trial.
Today, U.S. District Judge Rolando Olvera ordered him to serve the maximum – receiving life in prison for the robbery as well as another 25 years for the use of the firearm during a crime of violence to run consecutively. Bah must also pay restitution to his victim. At the hearing, the court heard about the viciousness of his crime and the extreme emotional impact on the victims.
in shooting the bank teller in the head within five seconds of interacting with him,
On June 26, 2020, at approximately 9:45 a.m., Bah entered a Texas Regional Bank on Sunshine Strip in Harlingen and made his way to a bank teller. Within five seconds, Bah pulled a pistol from a bag and shot the teller in the head. Bah then robbed the bank and fled the area with the stolen money.
Law enforcement saw a man matching his description who was riding a bicycle. It was Bah. Authorities then took him into custody.
During the arrest, he had a pistol with a spent shell casing in its cylinder on him as well as a large amount of money in a bag he was carrying. He was also in possession of a mask that matched the description witnesses had given.
The FBI conducted the investigation along with the Harlingen Police Department. Assistant U.S. Attorneys David A. Lindenmuth and Nicole Piquette prosecuted the case.
Man Sentenced for Attempted Robbery of an ATMRead the Press Release
NEW ORLEANS, LOUISIANA – TYRIK SCOTT, age 21, a resident of Violet, Louisiana, was sentenced on September 21. 2021 by the Honorable Susie Morgan, announced U.S. Attorney Duane A. Evans. SCOTT was sentenced to time served, 3 years of supervised release, and a $100 special assessment. The defendant was also ordered to pay $39,324 in restitution.
According to court records, on or about February 5, 2020, SCOTT and others attempted to break into an ATM located in the drive-through of a Capital One Bank using sledgehammers, crowbars, chains, and a truck. Just prior to this robbery attempt, SCOTT and others were observed in the same truck attempting to break into an ATM at Hancock Whitney Bank.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Chief of the General Crimes Unit.
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Mountain Home Man Sentenced to 63 Months for Obtaining Coronavirus Relief Funds by FraudRead the Press Release
FORT SMITH – James Read, 45, of Mountain Home was sentenced on September 20, 2021 to 63 months in prison followed by three years of supervised release for charges stemming from his abuse of various COVID-19 related economic relief programs. According to court documents, Read falsified documents to apply for Small Business Administration loans intended for businesses struggling from the COVID-19 pandemic. Read also filed for Pandemic Unemployment Assistance, on behalf of himself and others, in multiple states despite being ineligible for the funds. The Court further ordered Read to pay $277,827.00 in restitution for the fraudulently obtained funds.
“Our office will continue to vigorously pursue criminals such as Mr. Read and Mrs. Payne,” stated Acting United States Attorney David Clay Fowlkes. “This couple executed a scheme to steal money that was intended to help those who were truly in need. This sort of fraud is reprehensible and will not be tolerated in the Western District of Arkansas. It is our sincere hope that this sentence sends a clear message to all those who would endeavor to steal money that is intended for the less fortunate: that we will continue to investigate and prosecute these crimes to the very best of our ability and that we will seek sentences that will deter this kind of criminal conduct in the future.”
“Our agents will continue to pursue fake business owners such as Mr. Read aka ‘Snowbird Bob’, who chose to steal funds intended for small business owners crippled by this global pandemic,” said Special Agent in Charge Christopher Artemis, of Internal Revenue Service – Criminal Investigations.
“In a time of national turmoil and uncertainty, Mr. Read flagrantly defrauded programs intended to assist Americans and their businesses,” said FBI Little Rock Special Agent in Charge James Dawson. “Mr. Read’s total disregard for his fellow citizens during the COVID-19 pandemic revealed his true colors as a fraudster. The FBI will continue to work with its partners to bring criminals who defraud SBA and PUA programs to justice.”
“The Treasury Inspector General for Tax Administration aggressively pursues those who endeavor to defraud programs afforded to the American people under the Coronavirus Aid, Relief, and Economic Security Act,” said J. Russell George, of the Treasury Inspector General for Tax Administration. “We appreciate the efforts of the U.S. Department of Justice and our law enforcement partners in this effort.”
Read’s wife, Crystal Payne, 43, was sentenced on September 20, 2021 to five years of probation, a $5,000 fine, and $59,130.00 in restitution for her role in the offense.
The case was investigated by IRS-Criminal Investigations, the Federal Bureau of Investigations, the Treasury Inspector General for Tax Administration (TIGTA), and the Small Business Administration Office of the Inspector General.
Assistant United States Attorney Hunter Bridges prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov.
Lower Brule Man Sentenced for Involuntary ManslaughterRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Lower Brule, South Dakota, man convicted of Involuntary Manslaughter was sentenced on September 20, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Eugene Skunk, age 43, was sentenced to 12 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Skunk was indicted by a federal grand jury on September 9, 2020. He pled guilty on June 28, 2021.
On July 26, 2020, in Lower Brule, Skunk struck a man while operating a motor vehicle while under the influence of alcohol. Skunk returned to the scene of the incident and self-reported himself as the driver of the vehicle which struck the victim.
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Skunk was immediately turned over to the custody of the U.S. Marshals Service.
Local High School Janitor Sentenced to 60 Years in Federal Prison for Secretly Filming Students in Girls’ BathroomRead the Press Release
Orlando, Florida – United States District Judge Wendy W. Berger has sentenced Derremy Jerrell Walker (31, Sanford) to 60 years in federal prison for two counts of using, or attempting to use, children to produce sexually explicit videos. A federal jury had found Walker guilty of the offenses on June 29, 2021. Walker was also ordered to serve a lifetime term of supervised release and to register as a sex offender.
According to evidence admitted during the trial and at sentencing, Walker was a contracted janitor at Oviedo High School in November 2019 when two 15-year-old female students discovered an actively recording cellphone hidden under the sink in a student bathroom stall. The girls took the phone to school administrators, who contacted the Oviedo Police Department.
Forensic analysis of the cellphone revealed that Walker had placed the phone in the same location on two prior dates in November 2019, each time creating a one-hour video of students in that stall. On the date the girls found the phone, it had been recording for approximately 15 minutes before they discovered it. In each of the three instances, Walker had angled the cellphone’s camera in an effort to capture images of the genitalia of those in the stall. School administrators and law enforcement officials were able to identify 8 of the 12 students unknowingly captured in the videos that Walker recorded.
Further analysis revealed that Walker had also set up a surreptitious cellphone camera to record in the school’s faculty bathroom earlier that month.
“Mr. Walker did more than just produce horror; he stole the innocence and trust of these young victims. We are pleased with the sentence handed down in this case and will continue efforts to protect the children in our communities from sexual exploitation and abuse,” said FBI Tampa Division Special Agent in Charge Michael McPherson.
This case was investigated by the Oviedo Police Department and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
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 United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Leader of statewide fake check scheme sentenced to 44 months in prisonRead the Press Release
BILLINGS — The leader of a fraudulent check scheme in which recruits would steal items with personal information from homes, vehicles and mail boxes to help pass bogus checks across Montana was sentenced on Tuesday to 44 months in prison to be followed by three years of supervised release, Acting U.S. Attorney Leif M. Johnson said today.
Cassie Ann Rathie, 32, of Billings, pleaded guilty in April to wire fraud and to aggravated identity theft.
U.S. District Judge Dana L. Christensen presided. Rathie was allowed to self report to prison.
“Rathie recruited local drug addicts to burglarize houses, automobiles, and mail boxes and steal mail and other materials so she could fraudulently cash checks using the victim’s stolen identification. They stole and converted amounts that they knew would not attract the attention of local law enforcement. This type of criminal behavior exploits the fringes of our justice system. It is dangerous enough to get someone killed, yet it is not serious enough to warrant significant local incarceration. Fortunately, the misuse of personal identification can be prosecuted under federal law resulting in mandatory terms of incarceration. This case and others like it are a significant innovation in our battle against violent crime in Yellowstone County and elsewhere in Montana. I want to thank Assistant U.S. Attorney Colin M. Rubich, the Billings Police Department, and the Department of Homeland Security for investigating and prosecuting this case,” Acting U.S. Attorney Johnson said.
The government alleged in court documents that from November 2019 until about May 2020, Rathie conducted a campaign to steal checks and personal identifying information to commit fraud using fake checks in Billings and throughout the state. Rathie instructed others to break into houses, vehicles and mail boxes to get checks and other items with personal identifying information. Other addicts knew Rathie was interested in materials and would either sell or give her the documents they stole. During this period, Rathie stole a box from a Billings hotel containing documents with personal identifying information from at least 39 people.
After obtaining a stolen check, Rathie altered it by replacing the original name on the check with one of the names from the identities she had stolen from the hotel or elsewhere. Rathie would then create a fake driver’s license with the stolen person’s name. The fake license would have Rathie’s image or the image of an associate. Rathie or an associate would then pass the check at local businesses and use it to buy gift cards or high value items. Rathie would give individuals who stole the materials a cut of the proceeds. Surveillance video recorded Rathie passing some of the fake checks. In a search of her residence, officers found a large trove of fake identities, stolen documentation, computer, printers and stolen checks. The loss calculated from checks passed by Rathie was $17,609.
Two co-defendants also convicted, Taylor Thomas Nelson and Quinn Henry Jessen, are pending sentencing.
Assistant U.S. Attorney Colin M. Rubich prosecuted the case, which was investigated by the Billings Police Department, and the Department of Homeland Security.
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Kamiah Man Sentenced to 3 Years in Federal Prison for SuffocationRead the Press Release
COEUR D'ALENE – Stephen Jason Dahlin, 52, of, Kamiah, was sentenced to three years in federal prison for suffocation, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Chief U.S. District Judge David C. Nye also ordered that Dahlin serve three years of supervised release following his prison sentence. Dahlin was indicted by a grand jury on November 10, 2020 and pleaded guilty to the charge on June 9, 2021.
According to court records, on October 24, 2020, Dahlin got into a fight with his wife and forced her face into a cushion until she could not breathe. Dahlin’s wife sought medical help and Dahlin fled the area. The Federal Bureau of Investigation sought and obtained search warrants for Dahlin’s residence, resulting in the discovery of evidence which corroborated the victim’s account of her attack, and to track Dahlin’s phone, which ultimately led to his arrest in Arizona.
Acting U.S. Attorney Gonzalez credited the cooperative efforts of the Federal Bureau of Investigation, Nez Perce Tribal Police, Lewis County Sheriff’s Office, and the Idaho County Sheriff’s Office, which led to charges.
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KCK Woman Pleads Guilty to CarjackingRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Kansas, woman pleaded guilty in federal court today to stealing a vehicle at gunpoint from the parking garage at the Country Club Plaza.
Maricela Delores Lozano, 21, pleaded guilty before U.S. District Judge Howard F. Sachs to one count of carjacking and one count of brandishing a firearm during a crime of violence.
By pleading guilty today, Lozano admitted that she used a Century Arms Draco AK 47-style 9mm pistol during the theft of a Nissan Altima on July 19, 2020.
Lozano approached the owner of the Altima, who was attempting to start her vehicle to leave the parking garage of the Country Club Plaza, at about 5:48 p.m. on July 19, 2020. Lozano brandished the AK 47-style pistol, pointed it at the victim, and demanded her keys and cell phone. The victim complied and walked away from the vehicle to a nearby business and used their phone to call the police.
Lozano later told investigators that she got into the driver’s seat and attempted to start the vehicle, but the ignition was a “push to start,” which confused Lozano because she had never encountered such technology. Once Lozano was able to start the vehicle, she drove out of the parking garage. Lozano stole a license plate from a Chevrolet sport utility vehicle and attached it to the Nissan.
Lozano, who was standing beside the stolen vehicle, was spotted by a Missouri State Highway Patrol corporal in a driveway in Fulton, Missouri, on July 21, 2020. When the officer drove toward her, she got into the vehicle and attempted to flee. The officer stopped the vehicle and arrested Lozano and a male passenger. The officer seized the loaded firearm from the floorboard behind the driver’s seat.
Under federal statutes, Lozano is subject to a mandatory minimum sentence of seven years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the Kansas City, Mo., Police Department, the Missouri State Highway Patrol, and the FBI.
Operation LeGend
Operation LeGend is a federal partnership with local law enforcement to address the increase in homicides and violent crime in Kansas City, Mo., in 2020. The operation honors the memory of four-year-old LeGend Taliferro, one of the youngest fatalities during a record-breaking year of homicides and shootings. Additional federal agents were assigned to the operation from the FBI, Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the U.S. Marshals Service.
Judge sentences South Gate, California, man to 20 years for methamphetamine chargesRead the Press Release
CAPE GIRARDEAU – United States District Judge Stephen N. Limbaugh, Jr., sentenced Dexter Elcan to 20 years in prison today. The 36-year-old South Gate, California, resident pleaded guilty, in June, for possession with the intent to distribute 50 grams or more of methamphetamine.
Officers from the Southeast Missouri Drug Task Force learned that Dexter Elcan was shipping methamphetamine from a United Parcel Service (“UPS”) store in California to people in Southeast Missouri. Then he would either have those people distribute the drugs or he would fly to Missouri, distribute the drugs, wire the drug proceeds back to California, then fly back home.
On the morning of July 11, 2020, officers learned that Elcan was traveling to Missouri and that he had shipped a package by UPS from California to a residence in Poplar Bluff, Missouri. The officers watched the UPS delivery person put the package on the porch. Dexter Elcan came out of the home, picked up the package and carried it back into the home. Officers went to the home and knocked on a door as Elcan ran out another door and tried to escape. Elcan was captured a short distance away while trying to break his cell phone and burn the UPS receipt for mailing the package. Officers recovered the package delivered to the home that Elcan picked up. The package held 446 grams of a mixture or substance containing methamphetamine. That quantity of methamphetamine is consistent with distribution and not for personal use.
The district court heard testimony at the sentencing hearing as to the extent of Elcan’s crime. After hearing that evidence, the Court determined that Elcan was a leader/organizer of his methamphetamine sales and that he distributed over 100 pounds of methamphetamine over the course of his criminal conduct.
The case was investigated by the Missouri State Highway Patrol, Southeast Missouri Drug Task Force, and the Poplar Bluff Police Department. Assistant United States Attorney Keith D. Sorrell handled the prosecution for the government.
Judge sentences Blytheville, Arkansas man for possession of firearmRead the Press Release
CAPE GIRARDEAU, MO – United States District Judge Stephen N. Limbaugh, Jr. sentenced Timothy Sweet to 37 months in prison. Sweet, a 36-year-old resident of Blytheville, Arkansas, pleaded guilty to possession of a firearm by a convicted felon.
On November 14, 2019, an officer with the Steele, Missouri Police Department conducted a traffic stop of a vehicle being driven by Timothy Sweet for failing to stop at a stop sign. As the officer was traveling behind the vehicle, the officer observed Sweet making movements that led the officer to believe he was attempting to conceal something underneath his seat. The officer looked underneath the driver seat of the vehicle and observed a firearm that was further identified as an Arminius, Model HW, .38 caliber revolver.
Sweet has a prior conviction for the felony offense of Distribution of a Controlled Substance in the Circuit Court of Dunklin County, Missouri, and is therefore prohibited from possessing firearms.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Steele Police Department investigated the case. Assistant United States Attorney Julie Hunter handled the prosecution.
Inmate at USP Lee Sentenced for Assault and Possessing a Weapon in PrisonRead the Press Release
ABINGDON, Va. – An inmate at USP Lee in Jonesville, Virginia was sentenced last week to 100 months in prison for assaulting another inmate and possessing a weapon inside the prison.
Peter Pagan, 28, pleaded guilty in June 2021. According to court documents, In June 2020, Pagan assaulted inmate A.C. with a dangerous weapon, a prison-made knife known as a “shank” with the intent to do bodily harm.
Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia made the announcement.
The investigation of the case was conducted by the Federal Bureau of Prisons.
Special Assistant U.S. Attorney Christine M. Hummert prosecuted the case for the United States.
Indiana Man Pleads Guilty to Sexual Offense Onboard Commercial AircraftRead the Press Release
An Indiana man pleaded guilty today to engaging in sexual contact with a sleeping woman on a flight from Indianapolis, Indiana, to Denver, Colorado.
According to court documents, Ian Wagner, 39, of New Haven, was a passenger on board a domestic flight from Indianapolis to Denver on Oct. 6, 2017. Wagner was seated next to an 18-year-old woman. During the flight, the woman fell asleep and later awoke to Wagner rubbing her inner thigh with his hand. After jerking away, the victim took a photograph of Wagner. The geolocation data associated with the photograph indicated that the plane was flying over Hastings, Nebraska.
The victim then left her seat, sought refuge in the restroom, but eventually returned because she believed the flight was full and no other seats would be available. After retaking her seat, she observed that Wagner had placed a jacket over his lap and his hand appeared to be moving up and down under the jacket. Wagner made eye contact with the victim and lifted his jacket to reveal his exposed penis. For over five minutes, Wagner masturbated while staring at the victim. Frightened and troubled by the incident, the victim lodged a complaint with the airline two days later and with criminal authorities in the following weeks.
Wagner pleaded guilty to one count of abusive sexual contact. He is scheduled to be sentenced on Dec. 15 and faces a maximum statutory penalty of three years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Wagner will be required to register as a sex offender.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Jan W. Sharp for the District of Nebraska, and Special Agent in Charge Paul Keenan of the FBI's Indianapolis Field Office made the announcement.
The FBI’s Indianapolis Division Joint Terrorism Task Force is investigating the case.
Trial Attorney Jamie B. Perry of the Justice Department’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Tessie L. Smith of the District of Nebraska are prosecuting the case.
Greene County Man Pleads Guilty to Computer Hacking ChargeRead the Press Release
ALBANY, NEW YORK – Michael J. Radcliffe II, a/k/a “Mystical,” age 28, of Elka Park, New York, pled guilty today to conspiring to commit computer fraud, a misdemeanor.
The announcement was made by Acting United States Attorney Antionette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Radcliffe admitted that he used Internet-connected computers to create and maintain botnets[1] for the purpose of engaging in Distributed Denial of Service (“DDOS”) attacks.[2] He also admitted that from 2012 through October 2, 2018, he conspired with others to use botnets to carry out DDOS attacks
Radcliffe faces up to a year in prison when United States District Judge Mae A. D’Agostino sentences him on January 21, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
[1] “Botnet” is a term for a network (i.e., “net”) of computers that have been infected with malicious software (“malware”), allowing the infected computers to be used by the operator to perform repetitive functions, similar to a robot (i.e., “bot”). The operator of a botnet can simultaneously command and control the infected computers in a botnet without the authorization and knowledge of the computers’ owners.
[2] A DDOS attack involves using a large network of computers, usually a botnet, to bombard an Internet-connected computer with repeated requests for information, to disable the computer by overloading it with too much information simultaneously.
Grand Jury Returns Indictments Charging 2 Afghan Evacuees with Crimes While at Fort McCoy & Wisconsin Residents with Gun & Drug CrimesRead the Press Release
MADISON, WIS. - A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Two Afghan Evacuees Charged with Crimes
In unrelated cases, two individuals have been charged with crimes while at Fort McCoy, Wisconsin. Bahrullah Noori, 20, is charged with attempting to engage in a sexual act with a minor using force against that person, and with three counts of engaging in a sexual act with a minor, with one count alleging the use of force. The indictment alleges that that the victims had not attained the age of 16 years and were at least four years younger than the defendant.
Mohammad Haroon Imaad, 32, is charged with assaulting his spouse by strangling and suffocating her. The indictment alleges that the assault occurred on September 7, 2021.
Noori and Imaad were charged previously in complaints filed in U.S. District Court. They made initial appearances in Madison on September 16 and are being detained at the Dane County Jail. Noori and Imaad are scheduled for arraignment tomorrow, September 23, at 9:30 a.m. and 10:15 a.m., respectively, before U.S. Magistrate Judge Stephen L. Crocker.
If convicted, Noori faces a mandatory minimum penalty of 30 years and a maximum of life in federal prison on the charges alleging use of force, and a maximum penalty of 15 years on the other two charges. Imaad faces a maximum penalty of 10 years. The charges against them are the result of investigations by the Federal Bureau of Investigation and the Fort McCoy Police Department. Assistant U.S. Attorney Taylor Kraus is handling the Noori prosecution and Assistant U.S. Attorney Zachary Corey is handling the Imaad prosecution.
Five Charged with Gun Crimes
In unrelated cases, four individuals have been charged with gun crimes and a fifth individual with drug and gun crimes. These cases are brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition, and violent crimes and drug crimes that involve the use of firearms.
James Gillaum, 33, Madison, Wisconsin is charged with being a felon in possession of a loaded handgun. The indictment alleges that he possessed the loaded handgun on August 22, 2021. If convicted, he faces a maximum penalty of 10 years in federal prison. The charge is the result of an investigation by the Madison Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan is handling the prosecution.
Anthony Brooks, 29, Middleton, Wisconsin is charged with being a felon in possession of a firearm. The indictment alleges that he possessed a 9mm handgun on July 19, 2021. If convicted, he faces a maximum penalty of 10 years in federal prison. The charge is the result of an investigation by the Madison Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Diane Schlipper is handling the prosecution.
David Barber, 36, Beloit, Wisconsin is charged with being a felon in possession of a loaded handgun and ammunition. The indictment alleges that he possessed a loaded .45 caliber handgun and ammunition on December 20, 2020. If convicted, he faces a maximum penalty of 10 years in federal prison. The charge is the result of an investigation by the Beloit Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan is handling the prosecution.
Joshua K. Breidel, 33, La Crosse, Wisconsin is charged with 3 counts of being a felon in possession of a firearm. The indictment alleges that he possessed a handgun on March 27, 2021, that he possessed a handgun and ammunition on August 4, 2021, and that he possessed a handgun and ammunition on August 5, 2021. If convicted, he faces a maximum penalty of 10 years in federal prison on each charge. The charges are the result of an investigation by the La Crosse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Steven Anderson is handling the prosecution.
Benjamin T. Devine, 34, Holmen, Wisconsin is charged with two counts of distributing 50 grams of more of methamphetamine, one count of possessing 50 grams or more of methamphetamine with the intent to distribute, and with being a felon in possession of a handgun and ammunition. The indictment alleges that he distributed methamphetamine on August 5 and 16, 2021, and that he possessed methamphetamine for distribution and a .22 caliber handgun and ammunition on August 16. If convicted, he faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on each drug charge, and a maximum of 10 years on the gun charge. The charges are the result of an investigation by the La Crosse, Onalaska, and Prairie du Chief Police Departments, La Crosse County Sheriff’s Office, and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Steven Anderson is handling the prosecution.
Man Charged with Drug Crime Involving Heroin
Matthew Jackson, 28, Ashland, Wisconsin is charged with possessing 100 grams or more of heroin with intent to distribute. The indictment alleges that he possessed the heroin on May 24, 2021.
If convicted, Jackson faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison. The charge against him is the result of an investigation by the Sawyer County Sheriff’s Office, Federal Bureau of Investigation, and Hayward Police Department. Assistant U.S. Attorney Diane Schlipper is handling the prosecution.
Madison Man Charged with Attempting to Distribute Fentanyl
Jason Jordan, 36, Madison, Wisconsin is charged with two counts of attempting to distribute 40 grams or more of fentanyl. The indictment alleges that he attempted to distribute fentanyl on January 20 and February 23, 2021.
If convicted, Jordan faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on each charge. The charges against him are the result of an investigation by the U.S. Postal Inspection Service, Drug Enforcement Administration, and Dane County Narcotics Task Force. Assistant U.S. Attorney Aaron Wegner is handling the prosecution.
Two Charged with Distributing Methamphetamine
Saige T. Marten, 28, Boyd, Wisconsin, and Samantha K. Fristoe, 30, Owen, Wisconsin, are charged with distributing 50 grams of more of methamphetamine on June 7, 2021. The indictment also charges Marten with possessing 50 grams or more of methamphetamine for distribution on June 14, 2021.
If convicted, Marten and Fristoe each face a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on the distribution charge, and Marten also faces that penalty of the charge of possession with intent to distribute.
The charges against them are the result of an investigation by the West Central Drug Task Force; Altoona and Eau Claire Police Departments; Chippewa, Clark, and Rusk County Sheriffs’ Offices; and the Drug Enforcement Administration. Assistant U.S. Attorney Steven Anderson is handling the prosecution.
Four Defendants Arrested, Charged in Fentanyl Distribution ConspiracyRead the Press Release
MINNEAPOLIS – A federal criminal complaint has been filed against four individuals for their involvement in a fentanyl distribution conspiracy, announced Acting United States Attorney W. Anders Folk.
Victor Carbello, 50, of Glendale, Arizona, Carmelo Jerry D’Alessandro, 28, of Phoenix, Giovanni Luon D’Alessandro, 23, of Phoenix, and Taureen Curtis Jackson, 36, of Minneapolis, were charged with one count each of conspiracy to possess with intent to distribute fentanyl. All four defendants made their initial appearances earlier today before Magistrate Judge Jon T. Huseby in U.S. District Court.
According to court documents, on September 19, 2021, law enforcement conducted a traffic stop on a vehicle driven by Carbello. After Carbello consented to a search of the vehicle, law enforcement located inside a secret compartment of the vehicle three brick-shaped packages weighing approximately 10 pounds. The powdery substance inside the packages tested positive for fentanyl. Law enforcement also located more than 10,000 pills, suspected to contain fentanyl.
On September 21, 2021, law enforcement officers conduct a controlled delivery of the drugs to Carmelo D’Alessandro and Giovanni D’Alessandro at a residence in New Hope, Minnesota. Once the delivery was completed, law enforcement arrested the four defendants and executed a search warrant on the residence. The search resulted in the seizure of several thousand dollars in cash, two firearms, and five pills containing suspected fentanyl.
This case is the result of an investigation conducted by the Drug Enforcement Administration and the New Hope Police Department.
Assistant U.S. Attorney Thomas M. Hollenhorst is prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Former Owner of Michigan Home Health Care Business Sentenced to Prison for Tax FraudRead the Press Release
A Michigan man was sentenced to 12 months and one day in prison today for filing a false tax return.
According to court documents, Robert Nakfoor, of Lansing, claimed fraudulent expenses for his home health care business, Jessi Kay Home Care, on his 2011 through 2015 tax returns. Nakfoor deducted expenses for insurance, legal and professional services, wages, and contract labor that he knew his business did not incur. For example, just on his 2015 return, Nakfoor claimed over a $1 million in bogus contract labor and legal and professional services expenditures. In total, the defendant caused a tax loss to the IRS of $481,465.
Nakfoor pleaded guilty to willfully filing a false income tax return. In addition to the term of imprisonment, U.S. District Judge Hala Y. Jarbou ordered Nakfoor to serve one year of supervised release and pay restitution to the IRS in the amount of $481,465.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Andrew B. Birge of the Western District of Michigan made the announcement.
IRS Criminal Investigation investigated the case.
Trial Attorney Melissa S. Siskind of the Justice Department’s Tax Division prosecuted the case.
Additional information about the Tax Division and its enforcement efforts can be found on the division’s website.
Former Member of Baltimore’s Safe Streets Program Sentenced to over 11 Years in Federal Prison for Drug Distribution ConspiracyRead the Press Release
Baltimore, Maryland – U.S. District Judge George L. Russell, III sentenced Ronald Alexander, age 50, of Baltimore, Maryland to 135 months in federal prison, followed by eight years of supervised release, for conspiracy to distribute fentanyl, heroin, and powder and crack cocaine. While he was participating in the narcotics conspiracy, Alexander was employed by “Safe Streets,” an organization whose purpose is to reduce violence and crime in Baltimore through intervention. While he was engaged in the distribution of fentanyl and other dangerous narcotics, Alexander used his affiliation with Safe Streets to evade law enforcement in Baltimore, including on one occasion to avoid arrest when police seized from him a large quantity of fentanyl.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; and Commissioner Michael Harrison of the Baltimore Police Department.
According to Alexander’s plea agreement, law enforcement obtained judicial authorization to intercept communications to and from cellular telephones used by Alexander from May through July 23, 2020. Alexander’s conversations revealed that he operated a “drug shop” in the vicinity of Spaulding Avenue and Palmer Avenue in Northwest Baltimore. Alexander and co-defendant Thomas Corey Crosby corresponded every week or two concerning the sale of narcotics, including heroin and fentanyl. After these conversations, which were often very brief, the pair would meet. Most meetings took place at a gas station located at the intersection of Druid Park Avenue and Liberty Heights in Baltimore, where Crosby supplied drugs to Alexander. Investigators conducted surveillance of many of these meetings and obtained surveillance video from the gas station.
“Ronald Alexander not only polluted the Baltimore community with dangerous drugs and illegally possessed a firearm, but he also risked undermining Safe Streets and other community outreach efforts,” said Acting U.S. Attorney Jonathan F. Lenzner. “Our violence reduction strategy is based on strong enforcement efforts focused on those driving the violence and distributing large quantities of narcotics while also providing robust community outreach and prevention initiatives. Hopefully this sentence will encourage others to put down the gun and give up the drug trade and choose to invest in themselves and their community instead.”
“The investigation and subsequent sentencing of Ronald Alexander shows that narcotics trafficking and violence has immersed itself in every aspect of our lives, even in areas that are supposed to help stem the tide of drug related violence in the city,” said Assistant Special Agent in Charge Orville O. Greene. “DEA will, with the help and assistance of our federal and local partners, continue to lead the effort of bringing these violators to justice.”
As detailed in his plea agreement, on August 5, 2020, a Baltimore Police officer conducted a traffic stop of Alexander after Alexander rolled through a stop sign. During the encounter, Alexander used his affiliation with Safe Streets and the Baltimore City Mayor’s Office to try to deter further police investigation. Alexander called an associate afterwards, and said, “Yeah. Police hopped on me. Told me to get off the phone. You know they scared, you know they scared of the Mayor Office, I said man I work for Safe Streets from the Mayor Office. I was just coming from one of my participant house, in need with this, it was in need of food due to the pandemic. He say oh, ok ok.”
On August 9, 2020, Alexander received a call from Crosby arranging to meet at the gas station. At the gas station, Crosby was seen entering Alexander’s vehicle and the two had a brief conversation. Crosby then placed an item in the center console area of Alexander’s vehicle and then got out of the car. Alexander pulled away from the gas station and investigators performed a traffic stop and searched Alexander’s vehicle, recovering what was later determined to be 100 grams of fentanyl from a bag found in the center console. Alexander again informed law enforcement that he worked for Safe Streets and provided law enforcement with a letter from the Baltimore City Mayor’s Office. When asked about the bag in the center console, Alexander stated that he had taken the drugs from a member of the community as part of his work with the Safe Streets program in an attempt to prevent crime. According to court documents, law enforcement seized the drugs, but permitted Alexander to leave without being arrested. After the traffic stop, Alexander called Crosby and they met again at the same gas station. After the meeting, Crosby disposed of his cell phone, which investigators had obtained authorization to intercept and track.
On August 14, 2020, search warrants were executed at locations related to the investigation, including Alexander’s residence in the 1200 block of North Augusta Avenue and a second residence where Alexander sometimes stayed in the unit block of North Culver Street, both in Baltimore. Alexander was located at his residence. There, law enforcement seized a 9mm semi-automatic pistol and six cartridges of ammunition, a digital scale and drug packaging material, suspected cutting agents, and Safe Streets apparel. At the residence on North Culver Street, investigators located 80 grams of a heroin and fentanyl mixture, more than 100 grams of powdered caffeine, and a digital scale.
Alexander was prohibited from possessing a firearm and ammunition as the result of a 2001 conviction in the United States District Court for the District of Maryland for conspiracy to distribute and possess with intent to distribute heroin. Alexander was sentenced to 20 years in federal prison in that case and was released from the Bureau of Prisons in approximately May 2018.
Thomas Corey Crosby, age 51, of Woodlawn, Maryland, previously pleaded and was sentenced to 10 years in federal prison, for conspiracy to distribute controlled substances, specifically, 40 grams or more of fentanyl. Judge Russell also ordered Crosby to forfeit $134,499 in cash, seized during a search of his residence on August 14, 2020.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Acting United States Attorney Jonathan F. Lenzner commended the DEA and BPD for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Matthew DellaBetta who prosecuted the federal case.
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Former Kankakee Wastewater Utilities Officer Sentenced to Nine Months in Prison and Twenty-Four Months' Home Confinement for $2 Million FraudRead the Press Release
URBANA, Ill. – Richard G. Simms, 74, currently of Marietta, Ohio, was sentenced to nine months of imprisonment, to be followed by twenty-four months of home confinement, on September 20, 2021, for theft of federal funds related to defrauding Kankakee’s wastewater utilities, Kankakee River Metropolitan Agency (KRMA), and the city’s Environmental Service Utility (ESU), of more than $2,000,000.
United States District Judge Colin S. Bruce imposed the nine-month sentence of imprisonment, citing Simms’s age and health concerns. Judge Bruce also sentenced Simms to serve three years of supervised release following his prison term, during which time Simms will be required to serve the twenty-four months of home confinement and pay $2,025,000 in restitution to KRMA and ESU. The prosecution had recommended a thirty-month sentence of imprisonment, reflecting the U.S. Sentencing Guidelines.
During the sentencing hearing, the government presented victim-impact statements from City of Kankakee Comptroller Elizabeth Kubal and Bourbonnais Mayor Paul Shore detailing how Simms’s $2 million fraud violated their trust and has resulted in higher wastewater and sewer fees for Kankakee-area taxpayers.
During the time of the alleged fraud, from 2014 through 2018, Simms served as executive director of KRMA, which was responsible for treating wastewater from its member municipalities, namely, Kankakee, Bradley, Bourbonnais, and Aroma Park, Illinois. KRMA also treated wastewater from Manteno and Chebanse, Illinois, by intergovernmental agreement. During this period, Simms was also the Superintendent of ESU, which serves as Kankakee’s public works and sewer system. At the same time, Simms owned and operated Simms Engineering, LTD. From 2014 through 2018, Simms received more than $2.5 million in salary and legitimate payments: approximately $1,124,288 from KRMA and approximately $1,594,585 from ESU.
Simms pleaded guilty to theft of federal funds during a prior proceeding, where he admitted that independent of his salary and payments, he fraudulently received approximately $2.2 million - $768,000 from KRMA and $1,257,000 from ESU - as payment to Simms Engineering for software development by Plum Flower International. Simms and his daughter registered Plum Flower International with the State of Illinois in March 2014 purportedly to develop a software application for medical companies to track medical records. Although Simms did not have board approval or contracts with his engineering firm to develop software, he submitted fraudulent and inflated invoices to KRMA and ESU for software development. Simms circumvented KRMA’s invoice payment procedure by submitting invoices directly to its accounting firm. As a result, KRMA’s superintendent and administrative assistant did not approve and were unaware of the invoices.
From May 2014 through September 2018, Simms Engineering transferred more than $2 million to Plum Flower International, which represented more than 95% of its revenue during this time frame. Plum Flower International used approximately $161,000 of the funds to pay another company to create a software application which they attempted to sell on the open market. The remaining funds were used for the personal benefit of Simms and his daughter, the owners of Plum Flower International.
The Federal Deposit Insurance Corporation Office of Inspector General investigated the case. Assistant U.S. Attorney Eugene L. Miller represented the government in the prosecution.
Former Insurance Broker Going to Prison for Defrauding Insurance Companies and Individual Investors Out of More Than $1-MillionRead 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 Brian Bartz, 39, of Rochester, NY, who was convicted of wire fraud and aggravated identity theft, was sentenced to serve 70 months in prison by U.S. District Judge Charles J. Siragusa. The defendant has also been ordered to pay full restitution to the victims in this case.
Assistant U.S. Attorney Meghan K. McGuire, who handled the case, stated that between January 2015 and January 2020, the defendant was employed as an insurance broker at several different life insurance companies, selling and servicing policies and receiving commissions and bonuses for selling such policies. In connection with his employment, Bartz submitted approximately 105 fraudulent policy applications in various individuals’ names without their knowledge, utilizing actual names, social security numbers, and dates of birth. As a result, life insurance policies were issued, and the defendant was paid a total of $382,740.63 in commissions and bonuses to which he was not entitled. Bartz also used approximately $70,579.83 that he fraudulently withdrew from various bank accounts of unsuspecting clients in order to pay policy premiums on the fraudulent life insurance policies he obtained.
In addition, Bartz defrauded his insurance clients and potential clients by falsely claiming to also be an investment advisor, persuading individuals to invest funds that he never invested nor intended to invest. Rather than investing such funds on behalf of his clients, Bartz used them to gamble or to pay back prior investors. To prevent victims from inquiring about their investments, Bartz issued fake account statements. The victims included a widow who “invested” a $332,500 payout from her deceased husband’s life insurance policy with the defendant. Bratz stole all but $10,000 of that widow’s investment.
In total, the loss amount for Bartz’s schemes is approximately $1,026,668.46.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the New York State Department of Financial Services, under the direction of Superintendent Adrienne Harris.
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For-Profit Trade School Sentenced to Nearly 20 Years for Defrauding VA, Student VeteransRead the Press Release
The owner of a for-profit trade school has been sentenced to more than 19 years in federal prison for bilking the U.S. Department of Veterans Affairs of $72 million and of misleading student veterans, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
In April, a federal jury convicted Jonathan Dean Davis, the 43 year-old owner of Retail Ready Career Center, of seven counts of wire fraud and four counts of money laundering. He was sentenced Wednesday by U.S. District Judge Brantley Starr, who also ordered him to pay $65.2 million in restitution. In addition to paying restitution, Mr. Davis will be required to forfeit $72.5 million to the federal government.
The defendant had been remanded into custody immediately following conviction, and was remanded back into custody after his sentencing hearing.
“A jury found that Mr. Davis lied to multiple government agencies, lining his pockets with veterans’ GI Bill benefits even as they were struggling to scrape by,” said Acting U.S. Attorney Prerak Shah. “Mr. Davis’ crimes were a slap in the face to the sacrifices made by our servicemembers, and we are proud to put him behind bars for such a significant period of time.”
According to evidence presented at trial, Mr. Davis marketed Retail Ready’s six-week HVAC training course to veterans whose tuition and fees would be covered by the Veteran’s Educational Assistance Act of 2008, also known as the post-9/11 GI Bill. The defendant, who was essentially broke at the time of the crime, realized that he could charge $18,000 to $21,000 per student for the six-week course, if only he could get approval from the VA to accept GI Bill payments for tuition – which required prior approvals from the Texas Workforce Commission (TWC) and the Texas Veterans Commission (TVC).
These agencies required applicants to certify that they were not personally facing any criminal or civil actions, and to prove that their schools were established educational institutions in stable financial condition. Knowing he could not meet these requirements, Mr. Davis repeatedly lied and concealed information from these agencies.
“Several decisions lie ahead that will ultimately make the difference if I succeed or if I fail. More gut-wrenching conversations, more humiliating experiences, more lying is in order,” Mr. Davis wrote in an electronic journal he kept on his computer, which was recovered by federal agents during a search of Retail Ready. The journal became a key piece of evidence at trial.
Mr. Davis assured the TWC that he was not subject to any civil actions, when, in fact, he was facing numerous civil judgments over unpaid debts. He also told the TWC that he was not facing any criminal charges, when, in fact, he had a pending felony charge for theft of services.
Mr. Davis told the TVC that Retail Ready had been operating as a school for two years, when, in fact, the company had only existed for a few months and had never trained any students. He claimed that Retail Ready was fully prepared to train veterans, when, in fact, the company lacked a building and basic supplies. He even lied to an independent accountant about the school’s financial condition, and then submitted false financial statements to both the TWC and the TVC.
Eventually, based upon Mr. Davis’ lies to the TWC and TVC, the VA accepted Retail Ready’s application, allowing Mr. Davis to charge veterans’ tuition and fees to the VA under the GI Bill.
In 2014, he began recruiting student veterans, promising to prepare them for lucrative careers in the heating and air conditioning industry. Upon entering the workforce, however, many of these veterans discovered that Retail Ready had failed to teach them many of the basic skills necessary for entry-level technician jobs.
Several veterans testified at trial that they had relied on the Retail Ready’s fraudulently obtained VA endorsement and were sorely disappointed about their post- Retail Ready career prospects and pay. They were also shocked to learn of the rate at which Retail Ready’s six-week course had drained their GI Bill benefits, testifying that they felt “used,” “taken advantage of,” “deceived,” and “bamboozled.”
Even as his veteran graduates struggled to make ends meet, Retail Ready collected more than $72 million in GI Bill benefits from the VA. Using the proceeds of his fraud, Mr. Davis purchased a $2.2 million home in Dallas, a $428,000 Lamborghini, a $280,000 Ferrari, and a $260,000 Bentley, among other things.
The VA’s Office of Inspector General conducted the investigation with the assistance of the Federal Bureau of Investigation’s Dallas Field Office and the United States Postal Inspection Service’s Fort Worth Field Office. Assistant U.S. Attorneys Douglas Brasher and Fabio Leonardi are prosecuting the case, and Assistant U.S. Attorney Dimitri Rocha is handling forfeiture. U.S. District Judge Brantley Starr presided over the trial.
Florida Man Pleads Guilty to Soliciting Child PornographyRead the Press Release
PORTLAND, Maine: A Florida man pleaded guilty yesterday in federal court to soliciting child pornography, Acting U.S. Attorney Donald E. Clark announced.
According to court records, on May 9, 2020, while in Florida, Cameron Eagle, 35, used Cash App, a direct peer-to-peer payment system for mobile devices, to pay a female child in Maine to engage in sexually explicit conduct while he watched via livestream over the chat website Omegle. The child, who resided in Cumberland County, was 14 years old at the time. Financial records reflected that Eagle made several payments to the child on that date, and that he made other similar payments in small denominations to other Cash App accounts on the same day, as well as on other dates in May and June 2020.
The Cumberland County Sheriff’s Office, the Martin County (Florida) Sheriff’s Office and Homeland Security Investigations investigated the case, with assistance from the Fort Pierce office of the U.S. Attorney’s Office for the Southern District of Florida.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Federal Jury Convicts Rigby Man of Attempted Sexual Exploitation of a Child and Possession of Child PornographyRead the Press Release
POCATELLO – After a five-day jury trial, a federal jury sitting in Pocatello found Tel James Boam, 39, of Rigby, guilty of sixteen counts of attempted sexual exploitation of a child and one count of possession of child pornography, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Senior U.S. District Judge B. Lynn Winmill presided over the trial, which began on September 7, and concluded with guilty verdicts on the afternoon of September 20, 2021.
According to court records and evidence presented at trial, the investigation began in September 2019, after an individual reported finding videos of a nude minor on Boam’s iPhone. A detective with the Jefferson County Sherriff’s Office obtained a search warrant for Boam’s iCloud account. An agent with Homeland Security Investigations in Idaho Falls searched Boam’s iCloud account and found that Boam had attempted to produce, by surreptitious recording, 36 sexually explicit videos of a fourteen-year-old child, and that Boam had possessed those videos. Testimony provided that the videos were produced with a spy camera that Boam purchased using his credit card.
Each of the sixteen counts of attempted sexual exploitation of a minor is punishable by 15 to 30 years in federal prison. The charge of possession of child pornography is punishable by up to 20 years in federal prison. Each charge is also punishable by a fine of up to $250,000, and five years to a lifetime of supervised release.
Sentencing is set for December 14, 2021, before Judge Winmill at the federal courthouse in Pocatello. The federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Gonzalez praised the initial reporting party for promptly reporting the crime and the Jefferson County Sheriff’s Office for quickly following up. “Their timely response, and that of Homeland Security Investigations in Idaho Falls, made this case.” Mr. Gonzalez said. “I commend these investigators and our Assistant U.S. Attorneys and staff for aggressively pursuing this defendant, and I thank the jury for holding him accountable. As a community, we need to be watchful and report our suspicions to law enforcement,” he concluded.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Federal Employee Who Accessed Child Pornography Aboard Government Research Vessel Sentenced to Federal PrisonRead the Press Release
EUGENE, Ore.—A federal government employee who accessed and possessed child pornography while working aboard a National Oceanic and Atmospheric Administration (NOAA) scientific research vessel was sentenced to federal prison today.
Johnny Dale Hale, 44, was sentenced to 24 months in prison and five years’ supervised release. He was also ordered to pay $4,000 in restitution to his victims.
According to court documents, in late 2016, Hale, a decorated veteran, was working as a crew member aboard the Bell M. Shimada, a NOAA scientific research vessel. On or about November 15, 2016, the vessel was experiencing technical connectivity issues and the information technology team began running diagnostics. While troubleshooting, an electronics technician discovered two new folders on the ship’s server containing what he believed to be child pornography.
Diagnostics showed that Hale’s unique employee access card was associated with the time and date the folders were initially accessed. Additionally, Hale used two different vessel workstations to access the server at the exact time the folders were created. The vessel’s senior security engineer alerted the U.S. Department of Commerce to the discovery.
Special agents and a forensic analyst reviewed the suspect folders and discovered 109 pornographic web links and confirmed the presence of child pornography. Approximately 33 images of child pornography were in one of the suspect folders, with images from at least four series of photographs of previously-identified child pornography victims.
On June 21, 2017, a federal grand jury in Eugene returned an indictment charging Hale with possession of child pornography. On April 23, 2021, he pleaded guilty to that charge.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the U.S. Department of Commerce Office of Inspector General, NOAA Office of Law Enforcement, and the FBI. Assistant U.S. Attorney William M. McLaren prosecuted the case.
Anyone who has information about the physical or online exploitation of children are encouraged to call the FBI at (503) 224-4181 or submit a tip online at tips.fbi.gov.
Federal law defines child pornography as any visual depiction of sexually explicit conduct involving a minor. It is important to remember child sexual abuse material depicts actual crimes being committed against children. Not only do these images and videos document victims’ exploitation and abuse, but when shared across the internet, child victims suffer re-victimization each time the image of their abuse is viewed. To learn more, please visit the National Center for Missing & Exploited Children’s website at www.missingkids.org.
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. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Federal Correctional Officer Charged with Making False Statements About Engaging in Unlawful Sexual Activity with InmateRead the Press Release
LOS ANGELES – A correctional officer at the federal jail in downtown Los Angeles was arrested today to face a criminal charge that he lied to investigators about him engaging in sexual activity with an inmate who was under his care and supervision.
Abel Concho, 53, of East Los Angeles, is charged with one count of making false statements, according to a federal grand jury indictment returned on Tuesday. He surrendered to law enforcement officials this morning and is scheduled to make his initial appearance this afternoon in United States District Court.
According to the indictment, Concho was employed by the Bureau of Prisons (BOP) as a correctional officer at the Metropolitan Detention Center (MDC) in Los Angeles that houses a total of 635 male and female inmates. The victim in this case was an MDC inmate under Concho’s supervision from June 2010 to February 2011.
From February 2020 to July 2021, a federal criminal investigation was underway into allegations that Concho had sexual contact with multiple inmates at MDC. It is a federal crime for a BOP employee to engage in any sexual act with a person in official detention and under his supervision. It also is a federal crime for any BOP employee to smuggle contraband, including cellphones, into MDC for inmates’ use.
On July 28, 2021, federal investigators interviewed Concho, who allegedly made a series of false statements, including that he “never” had sexual contact with one MDC inmate, when in fact Concho engaged in sexual contact with the victim on nearly three dozen different occasions. Concho, on multiple occasions, also lied that he “never had sexual contact” with any MDC inmates, according to the indictment.
After initially denying he had any sexual contact with the victim, Concho then falsely stated that he had sexual intercourse and engaged in oral sex with the victim just “once (or) twice” that he could recall, the indictment alleges. Concho also falsely stated on multiple occasions that he did not provide a cellphone to the victim to take nude photographs for him. In fact, he illegally smuggled a cellphone into MDC and provided that cellphone to the victim to take nude photographs for him, which the victim then did.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
If convicted of the charge in the indictment, Concho would face a statutory maximum penalty of five years in federal prison.
The FBI and the United States Department of Justice Office of Inspector General investigated this matter.
Assistant United States Attorney Veronica Dragalin of the Public Corruption and Civil Rights Section is prosecuting this case.
Essex County Teacher Admits Health Care Fraud Conspiracy Targeting New Jersey School Employees’ Health Benefits ProgramRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, public school teacher today admitted his role in conspiring to defraud the N.J. School Employees’ Health Benefits Program (SEHBP) with phony claims for medically unnecessary prescriptions, Acting U.S. Attorney Rachael A. Honig announced.
Jason Nardachone, 51, of Nutley, New Jersey, pleaded guilty by videoconference before U.S. District Judge John Michael Vazquez to an indictment charging him with one count of conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
Nardachone participated in a scheme to defraud the SEHBP by knowingly causing the billing of medically unnecessary compounded medications, such as metabolic vitamins, pain creams, and scar creams, for himself and three other teachers. From September 2015 through February 2016, Nardachone and others received medically unnecessary compounded medications that cost the SEHBP from $3,300 to $22,800 per medication. Nardachone bribed the three other teachers with monthly payments of $500 in exchange for their agreement to obtain compounded medications they did not need. The scheme resulted in losses to the SEHBP of more than $550,000.
The count of conspiracy to commit health care fraud carries a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Feb. 1, 2022.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Joshua L. Haber of the Health Care Fraud Unit in Newark.
Endicott Sex Offender Sentenced for Failing to Register Email AccountsRead the Press Release
SYRACUSE, NEW YORK – Thomas J. Redeker, age 73, of Endicott, New York was sentenced today to 10 months in prison, to be followed by 10 years of supervised release, for failing to update his sex offender registration by maintaining unregistered email accounts.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and United States Marshal David L. McNulty.
Redeker was also ordered to pay a $2,000 fine. In addition to the term of imprisonment for failing to update his sex offender registration, Redeker was sentenced to an 8-month consecutive term of imprisonment for violating the conditions of his supervised release by committing new criminal conduct, failing to answer truthfully questions from his probation officer, and possessing an undisclosed internet capable device.
As part of his previously entered plea agreement, Redeker admitted that in 2004 he was convicted in the United States District Court for the Northern District of New York of production of child pornography and crossing a state line to engage in a sexual act with a person under the age of 12. Those convictions required Redeker to register as a sex offender for the rest of his life, and to keep that registration current with personal identifying information, including email accounts. Redeker admitted that although he maintained registration as a sex offender in the State of New York, he did not register three email accounts that he created despite knowing he has an obligation under the law to do so.
This case was investigated by the United States Marshals Service Sex Offender Investigation Branch with assistance from the United States Probation Office for the Northern District of New York, and was prosecuted by Assistant U.S. Attorney Michael D. Gadarian.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney's offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Eagle Butte Man Sentenced for Assaulting Federal OfficersRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on September 21, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Floyd Alex High Hawk, Jr., a/k/a Cactus, age 33, was sentenced to 12 months and one day in federal prison, followed by two years of supervised release, and a $100 assessment to the Federal Crime Victims Fund.
High Hawk was indicted by a federal grand jury on October 14, 2020. He pled guilty on June 21, 2021.
The conviction stemmed from an incident on August 17, 2020, in Eagle Butte. High Hawk was detained at a tribal jail when he assaulted two detention officers who were attempting to move him to a different cell. High Hawk punched one detention officer in the face and wrestled with another, causing an injury to his knee. Both detention officers were employed by the Cheyenne River Sioux Tribe pursuant to a contract between the tribe and the federal government.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
High Hawk was immediately remanded to the custody of the U.S. Marshals Service.
Duplin County Drug Trafficker Receives 24 Years in Federal PrisonRead the Press Release
WILMINGTON, N.C. – Jeremy Cline, 36, of Duplin County, North Carolina, was sentenced to 288 months in prison for conspiracy to possess with intent to distribute and distribution of 500 grams or more of methamphetamine and possession with intent to distribute 50 grams or more of methamphetamine.
According to court documents, evidence presented in court, and other documents, on July 28, 2019, Cline and his girlfriend were stopped by a Sampson County Sheriff’s Deputy for a traffic violation in Clinton, North Carolina. Cline provided the deputy with a false name during the traffic stop. A records check determined that this person had an outstanding order for arrest. When questioned by law enforcement, Cline admitted that he had given a false name. Cline also had an order for arrest. A search of the car led to the discovery of more than 10 grams of methamphetamine. On October 1, 2019, a Sampson County Sheriff’s Deputy observed Cline speeding on a motorcycle and attempted to stop him. Cline did not stop and drove through a four way stop and flashing red light in the town of Roseboro. Cline lost control of his motorcycle, wrecked it, and then fled on foot. Cline was ultimately apprehended in the woods. Cline had more than $1,800 on his person. Following an interview of Cline at a later date, law enforcement found that Cline had hidden 3 ounces of methamphetamine and a .40 caliber handgun that he later retrieved. On October 16, 2019, undercover Duplin County Narcotic Detectives ordered 3 ounces of methamphetamine from Cline. Subsequently, Cline and his girlfriend were stopped and arrested in the area of Norwood Street in Wallace. Law enforcement recovered the methamphetamine on the floorboard. On June 28, 2021, while Cline was awaiting sentencing in this case, a New Hanover County Detention Officer intercepted a letter that was addressed to Cline. A test of the letter revealed that it had been soaked in LSD.
During the investigation, law enforcement was able to determine that Cline was responsible for possessing with the intent to distribute and distributing 30 kilograms of methamphetamine. Cline had prior convictions for felony burglary and possession of a firearm by a convicted felon.
This is part of operation Fighting Jelly Fish which is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launders, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
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 Bureau of Alcohol, Tobacco and Firearms, the Drug Enforcement Administration, Duplin, New Hanover and Sampson County Sheriff’s Offices investigated the case and Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00074-M-3.
Detroit man admits to drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Stewart Jenkins, of Detroit, Michigan, has admitted to a cocaine charge, Acting U.S. Attorney Randolph J. Bernard announced.
Jenkins, 49, pleaded guilty today to one count of “Possession with Intent to Distribute Cocaine Base.” Jenkins admitted to having cocaine base, also known as “crack,” in September 2020 in Monongalia County.
Jenkins faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Christopher L. Bauer is prosecuting the case on behalf of the government. The Mon Metro Drug Task Force, a HIDTA-funded initiative, and the West Virginia State Police investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Denton County Man Sentenced for Threatening U.S. CongressmanRead the Press Release
PLANO, Texas – A Denton man has been sentenced to prison for threatening a federal official, announced Acting U.S. Attorney Nicholas Ganjei today.
Guy Zachary Klossner, 33, pleaded guilty on April 29, 2021, to threatening a federal official and was sentenced to 30 months in federal prison today by U.S. District Judge Sean Jordan.
“Today’s sentence sends a strong message that EDTX takes seriously any death threats to public officials,” said Acting U.S. Attorney Nicholas J. Ganjei. “In our democracy, there is room for disagreement and even dissent. However, we will not tolerate threats of violence, particularly those made against our elected representatives.”
According to information presented in court, on July 24, 2020, an individual using the name “You’re F. Dead” sent a threatening email message to U.S. Congressman Theodore Yoho of Florida’s 3rd Congressional District. The message contained a threat to kill Congressman Yoho and his family. An investigation determined that the message originated from a computer at a location in Denton, Texas. Klossner was identified as the user of the computer. Further investigation revealed that Klossner also made threats against U.S. Congressman Clay Higgins of Louisiana’s 3rd Congressional District through his Facebook account and in a voice-mail message. Klossner, who admitted to law enforcement officials that he made the threats, was indicted by a federal grand jury on Oct. 15, 2020.
This case was investigated by the U.S. Capitol Police in Washington, D.C. and the Denton Police Department and prosecuted by Assistant U.S. Attorney Tracey Batson.
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Defendants Charged in Connection with Multi-State Racketeering Conspiracy Involving the Forced Labor of Mexican Agricultural H-2A WorkersRead the Press Release
A federal grand jury in the Middle District of Florida has returned a six-count indictment against three defendants for their alleged roles in a federal racketeering conspiracy that victimized Mexican H-2A workers who, between 2015 and 2017, had worked in the United States harvesting fruits, vegetables and other agricultural products.
The indictment alleges that from 2015 through 2017, the defendants participated in running a labor contracting company for H-2A agricultural workers called Los Villatoros Harvesting (LVH), which functioned as a criminal enterprise. LVH subjected multiple Mexican H-2A agricultural workers employed in Florida, Kentucky, Indiana, Georgia and North Carolina to forced labor. LVH also harbored H-2A workers in the United States after their visas had expired for financial gain and committed visa fraud and fraud in foreign labor contracting.
The indictment charges Bladimir Moreno, a permanent resident of the United States and citizen of Mexico who owned and managed LVH, and Christina Gamez, a citizen of the United States who worked for LVH as a bookkeeper, manager and supervisor, with conspiracy under the Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit forced labor, forced labor, and conspiracy to obstruct proceedings before departments, agencies and committees. Guadalupe Mendes Mendoza, a citizen of Mexico who worked as a manager and supervisor for LVH, was charged with conspiracy to obstruct proceedings before agencies.
The indictment alleges that the defendants charged with committing the RICO conspiracy operated LVH as a criminal scheme. They obtained hundreds of hours of physically demanding agricultural labor from the victimized H-2A workers through coercive means, such as imposing debts on workers; confiscating the workers’ passports; subjecting workers to crowded, unsanitary and degrading living conditions, as well as to yelling and verbal abuse; threatening workers with arrest, jailtime and deportation; isolating workers and limiting their ability to interact with anyone other than LVH employees; and suggesting to workers that if they failed to comply with the defendants’ demands, they or their family members could be physically harmed.
This case was investigated by the Palm Beach County Human Trafficking Task Force (to include the FBI, Homeland Security Investigations and the Palm Beach County Sheriff's Office), with assistance from the U.S. Department of Labor - Office of the Inspector General, and the U.S. Department of State - Diplomatic Security Service. It will be prosecuted by Assistant U.S. Attorney Frank Murray and Trial Attorneys Avner Shapiro and Maryam Zhuravitsky of the Civil Rights Division.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Defendants Charged in Connection with Multi-State Racketeering Conspiracy Involving the Forced Labor of Mexican Agricultural H-2A WorkersRead the Press Release
A federal grand jury in the Middle District of Florida has returned a six-count indictment against three defendants for their alleged roles in a federal racketeering conspiracy that victimized Mexican H-2A workers who, between 2015 and 2017, had worked in the United States harvesting fruits, vegetables and other agricultural products.
The indictment alleges that from 2015 through 2017, the defendants participated in running a labor contracting company for H-2A agricultural workers called Los Villatoros Harvesting (LVH), which functioned as a criminal enterprise. LVH subjected multiple Mexican H-2A agricultural workers employed in Florida, Kentucky, Indiana, Georgia and North Carolina to forced labor. LVH also harbored H-2A workers in the United States after their visas had expired for financial gain and committed visa fraud and fraud in foreign labor contracting.
The indictment charges Bladimir Moreno, a permanent resident of the United States and citizen of Mexico who owned and managed LVH, and Christina Gamez, a citizen of the United States who worked for LVH as a bookkeeper, manager and supervisor, with conspiracy under the Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit forced labor, forced labor, and conspiracy to obstruct proceedings before departments, agencies and committees. Guadalupe Mendes Mendoza, a citizen of Mexico who worked as a manager and supervisor for LVH, was charged with conspiracy to obstruct proceedings before agencies.
The indictment alleges that the defendants charged with committing the RICO conspiracy operated LVH as a criminal scheme. They obtained hundreds of hours of physically demanding agricultural labor from the victimized H-2A workers through coercive means, such as imposing debts on workers; confiscating the workers’ passports; subjecting workers to crowded, unsanitary and degrading living conditions, as well as to yelling and verbal abuse; threatening workers with arrest, jailtime and deportation; isolating workers and limiting their ability to interact with anyone other than LVH employees; and suggesting to workers that if they failed to comply with the defendants’ demands, they or their family members could be physically harmed.
This case was investigated by the Palm Beach County Human Trafficking Task Force (to include the FBI, Homeland Security Investigations and the Palm Beach County Sheriff's Office), with assistance from the U.S. Department of Labor - Office of the Inspector General, and the U.S. Department of State - Diplomatic Security Service. It will be prosecuted by Assistant U.S. Attorney Frank Murray and Trial Attorneys Avner Shapiro and Maryam Zhuravitsky of the Civil Rights Division.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
Defendant Convicted of the First Degree Murder of a Man on a BicycleRead the Press Release
A federal jury convicted a Tulsa man Tuesday of first-degree murder. Prosecutors contended that the defendant shot and killed the victim, who was riding a bicycle, in order to impress members of the Savage Boys street gang, announced Acting U.S. Attorney Clint Johnson.
“Devon Blevins fired twice across the hood of a car he was riding in and callously murdered Maurice Burgess,” said Acting U.S. Attorney Clint Johnson. “A federal jury held Mr. Blevins accountable for this senseless crime by convicting him of first degree murder. I am thankful for the jury’s service, and I commend the diligent work of the FBI, Tulsa Police Department and Assistant U.S. Attorneys Ryan Heatherman and Mike Harder who pursued justice in this case.”
Devon Blevins, 28, of Tulsa, was found guilty of first-degree murder in Indian Country and causing death by using and discharging a firearm during the commission of first degree murder. Count 3 of the indictment was dismissed.
Blevin’s codefendant, Jacob Bruce Banks, 21, was the driver of the car, and on Sept. 17, 2021, he pleaded guilty to accessory after the fact to first degree murder in Indian Country. The two defendants are members of the Savage Boys street gang and did not know the victim.
On April 12, 2021, just after 8 pm, officers were notified of a shooting that occurred in the parking lot of the Waterstone Apartments near South Peoria Avenue. Officers discovered the victim, Maurice Burgess, on the ground near a bicycle with apparent gunshot wounds. No weapon was found on or near the victim.
Several witnesses stated that shortly after the shooting, they observed a red 4-door Nissan Altima depart from the parking lot and head toward 61st Street and South Peoria Avenue. Detectives reviewed surveillance footage from the area and observed a red Nissan Altima with distinct damage on the front passenger-side bumper. Surveillance video also showed the car trailing the victim, the victim falling from his bicycle, and a figure positioned in the car’s window.
Later, on April 17, 2021, a Tulsa police officer received information regarding the discharge of a firearm in public. During his investigation, the officer conducted a traffic stop on a red Nissan Altima after it failed to stop at a stop sign. As the officer approached the vehicle, he observed a rifle in the passenger seat of the vehicle and codefendant Jacob Banks in the driver’s seat. The officer then arrested Banks for possessing a deadly weapon and for being a felon in possession of a firearm.
Detectives requested the officer examine the damage to the car, and it was determined to be consistent with the damage observed on the car seen in video surveillance from April 12, 2021, when Mr. Burgess was killed.
Codefendant Banks testified in court that on the day of the crime, both men were armed. Blevins told him there was a silver vehicle following people and directed Banks to drive in the area to look for the silver vehicle. Instead, the defendants saw an African American male on a bicycle ahead of them closest to the driver’s side of the car. Banks stated that Blevins propped himself up, sitting on the ledge of an open front passenger window, and fired multiple times across the hood of the vehicle hitting the man. Banks quickly drove away from the scene.
In an April 20, 2021, interview with police, Blevins admitted he was responsible for the shooting but stated that the man on the bicycle had reached for his waist area, and Blevins thought he may have been reaching for a handgun. Blevins stated that he positioned himself on the car’s open window ledge then shot the victim twice. During the interview, he also told detectives that he recently joined the Savage Boys and that during the shooting he “didn’t want these guys thinking my loyalty wasn’t with them.” He said he wanted the shooting to “look good” so that Banks would give him the “okay” to be “admissioned in” to the gang. Blevins chose not to testify at trial.
During closing arguments, Assistant U.S. Attorney Ryan Heatherman, lead prosecutor in the case, called it a senseless murder caught on surveillance tape. He and Assistant U.S. Attorney Michael Harder recounted the evidence offered at trial and contended that Blevins committed a murder to show his loyalty to the Savage Boys.
The prosecutors argued that Blevins was looking for trouble that day. They explained that as the victim rode his bicycle in the parking lot ahead of the Nissan, the defendant pulled himself halfway out of the window- taking a tactical position, switched off the American Heritage six shooter’s safety, pulled the hammer back, laid his elbows across the car to steady his aim, and shot the victim, striking him in the throat. He pulled the hammer back again and shot the victim a second time. He pulled the trigger a third time, but the revolver misfired. He then fled the scene with Banks and disposed of the weapon. They reminded the jury that these are not the actions of an individual who acted in self defense.
The jury returned guilty verdicts two hours later.
The Tulsa Police Department and FBI conducted the investigation. Assistant U.S. Attorneys Ryan H. Heatherman and Michael F. Harder prosecuted the case.
Cody Ahonen Charged with Firearm OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Cody Ahonen, 28, of Mt. Holly, was arrested by agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives on September 20, 2021. Ahonen made his initial appearance today before U.S. Magistrate Judge Kevin J. Doyle in Burlington. At the conclusion of the hearing, Ahonen was ordered detained pending trial.
According to a federal criminal complaint filed on September 21, 2021, Ahonen was prohibited by federal law from possessing firearms due to a previous conviction for a misdemeanor crime of domestic violence, specifically, a 2012 domestic assault conviction in Vermont state court. On September 15, 2021, Ahonen’s girlfriend, Brittany Bouthiette, died of a gunshot wound sustained in a parked vehicle in Killington, Vermont. Ahonen informed law enforcement the wound was self-inflicted by Bouthiette. The gun used in that incident belonged to Ahonen and Ahonen possessed the gun before Bouthiette’s death. After Bouthiette was shot, Ahonen attempted to throw the gun into the woods. Vermont State Police responded to the scene of the shooting. In a roadside ditch, troopers located a Glock pistol. Beneath the vehicle, troopers located a quantity of suspected cocaine base. Inside the vehicle, troopers located an additional pistol, a rifle, a quantity of powder cocaine, hundreds of rounds of ammunition, a digital scale with white residue, and approximately $10,000 in U.S. currency.
The charge in the criminal complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty. If convicted of possessing a firearm having been previously convicted of a misdemeanor crime of domestic violence, in violation of 18 U.S.C. § 922(g)(9), Ahonen faces a maximum sentence of 10 years imprisonment and up to a $250,000 fine. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
Acting United States Attorney Jonathan A. Ophardt commended the coordinated investigatory efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Vermont State Police.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime. https://www.justice.gov/psn
The United States is represented in this matter by Assistant U.S. Attorney Wendy L. Fuller. Cody Ahonen is represented by attorneys with the Federal Public Defender’s Office.
Chesapeake Man Sentenced for Interstate Methamphetamine ConspiracyRead the Press Release
NORFOLK, Va. – A Chesapeake man was sentenced today to 15 years in prison for conspiring to distribute methamphetamine.
According to court documents, on May 20, 2020, an Arizona State Trooper stopped Jeremy Wayne Johnson, 45, and his passenger on Interstate 17 near Mayer, Arizona, because Johnson was speeding and texting on his phone while driving. During the stop, Johnson provided a false name and claimed he had lost his driver’s license. At the time, Johnson was carrying on him a loaded Ruger pistol, along with methamphetamine inside his vehicle. Johnson admitted during a Mirandized interview that he and his passenger drove from Virginia Beach to Phoenix, Arizona to purchase methamphetamine. The day before they planned to return to Virginia, Johnson purchased two pounds of methamphetamine from a drug dealer at a hotel in Phoenix, Arizona. Johnson and his passenger were transporting the narcotics to Virginia Beach for resale when they were stopped.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations Washington, D.C.; and Paul Neudigate, Chief of Virginia Beach Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson.
Assistant U.S. Attorney Darryl Mitchell 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. 2:20-cr-103.
Charleston Woman Sentenced to Prison for Methamphetamine DistributionRead the Press Release
CHARLESTON, W.Va. – A Charleston woman was sentenced today to 71 months in prison for distributing methamphetamine while on supervised release for a previous federal firearm conviction.
According to court documents and statements made in court, Tiffany Shaffer, 32, distributed 53.88 grams of pure methamphetamine to a confidential informant in return for $1500 on October 5, 2020 in Dunbar. Shaffer further admitted that she distributed methamphetamine in September, October, and December 2020, in and around the Dunbar area. At the time of the 2020 drug sales, Shaffer was on supervised release for a 2017 federal firearms conviction.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Joseph R. Goodwin imposed the sentence. Assistant United States Attorney Kristin F. Scott 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-00076.
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Center Point Man Sentenced to Federal Prison for COVID-19 Unemployment Benefits FraudRead the Press Release
A man who received almost $17,000 in fraudulently obtained CARES Act unemployment funds was sentenced on September 20, 2021, to five months in federal prison. Larry Neal Wells, age 63, from Center Point, Iowa, received the prison term after an April 5, 2021 guilty plea to one count of wire fraud.
Information from sentencing and a plea agreement showed that Wells received $16,978 in unemployment funds to which he was not entitled from the states of Maine and New York. Wells withdrew the funds in cash, kept some of the funds for himself, and mailed the rest to other individuals.
Wells was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Wells was sentenced to 5 months’ imprisonment. He was ordered to make $7,728 in restitution to the New York State Department of Labor and $9,250 in restitution to the Maine Department of Labor. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system. Wells was released on the bond previously set and is to surrender to the United States Marshal on October 4, 2021.
This prosecution is an example of the Department of Justice’s strong commitment to combating fraud and criminal activity related to COVID-19. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was prosecuted by Assistant United States Attorney Kyndra Lundquist and investigated by the Federal Bureau of Investigation and the United States Department of Labor Office of Inspector General. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 20-CR-113.
Carjacker Sentenced to 97 Months ImprisonmentRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced today that DONTE MOORE, age 23, was sentenced on September 21, 2021 by U.S. District Court Judge Susie Morgan, to 97 months imprisonment. On May 18, 2021, MOORE pled guilty to a Superseding Bill of Information charging him in Count One with Carjacking, a violation of 18 U.S.C. § 2119(1), and in Count Two with Using and Carrying a Firearm in Furtherance of a Crime of Violence, a violation of 18 U.S.C. § 924(c)(1)(A)(i).
Judge Morgan sentenced MOORE to 37 months imprisonment as to Count One and to 60 months as to Count Two. The sentence for Count Two must run consecutively to Count One. MOORE also received 3 years supervised release for Count One, and five years supervised release as to Count Two, which will run concurrently. Supervised release commences after MOORE is released from custody. MOORE must also pay $200 in mandatory special assessment fees. Restitution will be determined by the Court at a later date.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Jefferson Parish Sheriff’s Office, and the New Orleans Police Department. It was prosecuted by Assistant United States Attorney Liz Privitera of the Violent Crime Unit.
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California Woman Sentenced in Multi-Million-Dollar Medicare Fraud SchemeRead the Press Release
BOSTON – A California woman was sentenced yesterday for her role in a multi-million-dollar Medicare fraud scheme.
Stefanie Hirsch, 51, of Los Angeles, Calif., was sentenced by U.S. Senior District Court Judge George A. O’Toole Jr. to three years of probation. Hirsch was also ordered to pay a fine of $2,500. On Feb. 24, 2021, Hirsch pleaded guilty to violating the HIPAA statute.
Hirsch sold access to a Medicare eligibility tool that allowed Juan C. Perez Buitrago and Nathan LaParl to improperly access patients’ detailed personal, demographic, medical and insurance information. Hirsch owned EI Medical, Inc., a Medicare-enrolled wheelchair and scooter repair company that qualified for access to a health care clearinghouse that contains Medicare patients’ personal, medical and insurance information. Hirsch improperly gave Perez Buitrago and LaParl access to that clearinghouse and charged them about $0.25 per patient eligibility check. Using Hirsch’s credentials, LaParl accessed the personal and medical data of more than 350,000 patients and Perez Buitrago’s credentials were used for 150,000 patients.
Perez Buitrago and LaParl pleaded guilty to federal health care crimes in October 2020 and January 2021, respectively.
Acting United States Attorney Nathaniel R. Mendell; Johnnie Sharp Jr., Special Agent in Charge of the Federal Bureau of Investigation, Birmingham Field Division; Phillip Coyne, Special Agent in Charge of the Department of Health and Human Services, Office of the Inspector General, Boston Division; and Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service made the announcement. Assistant U.S. Attorney Elysa Q. Wan of Mendell’s Health Care Fraud Unit prosecuted the case.
California Man Charged with Perjury for Suing Hollywood Executives Under False PretensesRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that ROVIER CARRINGTON was charged in a criminal complaint unsealed yesterday with perjury. CARRINGTON was arrested yesterday and presented in the Central District of California.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Rovier Carrington faked evidence to support a $50 million lawsuit in the Southern District of New York making extremely serious allegations, and then lied about faking that evidence under penalty of perjury. Now he will return to the Southern District of New York—this time to face criminal charges.”
According to the allegations contained in the Complaint[1] unsealed yesterday in Manhattan federal court:
Between at least June 2018 and July 2018, CARRINGTON committed perjury in connection with a civil lawsuit (the “Civil Case”) filed in the Southern District of New York. In the Civil Case, CARRINGTON sued Hollywood executives alleging that the executives had sexually assaulted him, and that they had defrauded him in connection with a decision to refuse to produce CARRINGTON’s reality television program. CARRINGTON sought damages of $50 million in the Civil Case.
In support of his allegations in the Civil Case, CARRINGTON included as exhibits to an amended complaint ten email chains that included the following purported exchanges:
- CARRINGTON: I need your help. I’m not built for this. [third party] has threaten me and [Executive-1] thinks I’m supposed to constantly sleep with him for my projects. I was promised my series and reality show would make the studio a lot of money. [Third party] is a piece of shit and a pimp. I’m not a whore. After this Harvey [Weinstein] bullshit. I’m done.
Counterparty Account-1: Trend my man. You have to obey [third party] if you plan on continuing. [Executive-1] has ruined your chances after that Harvey [Weinstein] shit. I understand screwing these Hollywood fucks is tough but it’s that Hollywood shit man.
- CARRINGTON: Thank you for reviewing my reality concept. I have so many ideas like a bisexual love interest and I could seek a third whose fully gay, but pick only one during the finale. Major right ? Hopefully that doesn’t take away from the public’s interest in my dramatic series, which I’ll send you. I’ll discuss with [third party] and [third party] for the press. Omg, we could totally pitch to [Executive-2’s company] due to you convincing [third party] to release me I just request you protect me from him and [Executive-1] who ruined my [third party company] deal. I must mention, I pondered if you had me eradicate my business relationship with [third party] just so you could own me and not really produce my shows... You totally request sex before business so just thoughts.
Executive-2: Babe, all I can think about is pounding you like I did when you were a boy. Daddy owns you. My boy... :)
But those email chains were faked. In response to an investigation by the District Court overseeing the Civil Case, CARRINGTON was unable to produce the original versions of any of the email chains. The versions of the email chains attached to the amended complaint could also not be located in the email accounts belonging to others that had allegedly sent and received the emails chains. Moreover, law enforcement determined that versions of two of the email chains attached to the amended complaint did in fact exist in the email accounts belonging to others, although the versions attached to the amended complaint had been substantially altered by CARRINGTON in order to support his allegations in the Civil Case.
CARRINGTON deleted the contents of one of his email accounts that allegedly contained some of the email chains the day after he filed the amended complaint. He deleted the contents of another of his email accounts that allegedly contained some of the email chains two months later, in violation of a preservation order that the District Court had issued in the Civil Case.
CARRINGTON submitted a statement swearing under penalty of perjury that the email chains in the amended complaint had not been faked or altered.
CARRINGTON, 32, Los Angeles, California, is charged with one count of perjury, which carries a maximum sentence of five years in prison. The maximum potential sentences in this case 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 outstanding investigative work of the Special Agents of the Southern District of New York. Ms. Strauss also thanked the United States Attorney’s Office for the Central District of California for their assistance in the case, and thanked the United States Marshals Service for its assistance in the apprehension of CARRINGTON.
The case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Kevin Mead is in charge of the prosecution.
The charges in the Complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Butler Man Pleads Guilty in Fentanyl/Heroin Distribution SchemeRead the Press Release
PITTSBURGH - Dwayne Smallwood was convicted of conspiring to distribute, and distributing, fentanyl and heroin in Butler, Pennsylvania, between 2017 and 2020, Acting United States Attorney Stephen R. Kaufman announced today.
Smallwood, age 43, formerly of Butler and Philadelphia, pled guilty before United States District Judge Robert J. Colville. Judge Colville scheduled sentencing to occur on February 3, 2022, at 11:30 a.m.
The law provides for a maximum sentence of up to 60 years in prison and a fine of up to $4,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorneys Yvonne M. Saadi and Craig W. Haller are prosecuting this case on behalf of the United States.
The Pennsylvania State Police, the Federal Bureau of Investigation, and the Butler County District Attorney’s Drug Task Force led the investigation leading to the convictions in this case.
Bucks County Temp Agency Owner Indicted on Charges of Tax FraudRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Heng Han, 49, of Bensalem, PA, owner of HBH Global Resources, Ltd., was charged by Indictment on charges related to his alleged failure to pay over the trust fund portion of HBH’s employment taxes for quarters in 2015 to the Internal Revenue Service, and filing false individual and corporate tax returns with the IRS for tax years 2012 through 2015. The defendant made his initial appearance in federal court on these charges this afternoon.
According to the Indictment, as the proprietor of HBH, the defendant provided temporary employees to work for client companies in various industries, including light and heavy manufacturing and construction work. Han was legally obligated to withhold payroll taxes from wages paid to his employees and was responsible to pay over these taxes to the IRS. He was also required to file, following the end of each calendar quarter, an Employer’s Quarterly Federal Income Tax Return (Form 941), setting forth the total amount of wages and other compensation subject to withholding, the total amount of income tax withheld, and the total amount of social security and Medicare taxes due to the IRS. Although Han late-filed the Forms 941, he has allegedly never paid over a combined total of approximately $1,739,560. in withholding taxes due to the IRS for the years 2012 through 2015.
The Indictment further alleges that from 2012 through 2015, Han also never filed corporate or individual tax returns. In 2016, Han is alleged to have filed corporate and individual tax returns, but they were false in that he underreported HBH’s gross receipts for each of the calendar years from 2012 through 2015 by approximately $5,184,450. His alleged criminal conduct resulted in a tax loss of approximately $1,771,550.
“Heng Han’s alleged scheme to enrich himself victimized honest American taxpayers and business owners who pay their tax obligations,” U.S. Attorney Williams said. “Over years, he caused the IRS to lose millions of dollars in tax revenue. This type of fraud will be aggressively investigated and prosecuted by this Office.”
“Employment tax fraud is a serious crime that hurts honest employees as well as the United States Treasury,” said Yury Kruty, Acting Special Agent in Charge of the Philadelphia field Office for IRS-Criminal Investigation. “Because of the detrimental impact this type of misconduct has on the American taxpayers, investigating employment tax fraud will continue to be a priority for the special agents of IRS-CI.”
If convicted, the defendant faces a maximum possible sentence of 22 years in prison and a $420,000 fine. The defendant may also be responsible for the full amount of the taxes due, in addition to the payment of penalties and interest to the Internal Revenue Service.
The case was investigated by the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Anita Eve.
Brooklyn Residents Plead Guilty to Conspiring to Commit Arson in Connection with Burning of NYPD Homeless Outreach Unit VehicleRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced today that COREY SMITH and ELAINE CARBERRY pled guilty to conspiring to burn a marked New York City Police Department (“NYPD”) Homeless Outreach Unit van in the Greenwich Village neighborhood of New York, New York, in July 2020. SMITH and CARBERRY pled guilty today before U.S. District Judge Lewis J. Liman, to whom the case is assigned.
U.S. Attorney Audrey Strauss stated: “As they admitted in court today, Corey Smith and Elaine Carberry committed arson, deliberately setting fire to an NYPD van, then minutes later returning to the vehicle and – once again using an accelerant – ensuring its complete destruction. Now Smith and Carberry await sentencing for their willful and wanton destruction of a law enforcement vehicle that had been used for outreach to homeless New Yorkers.”
According to the allegations in the Indictment and other documents filed in federal court, as well as statements made in public court proceedings:
On July 15, 2020, shortly after 4:30 a.m., SMITH and CARBERRY set a marked NYPD Homeless Outreach Unit van (“NYPD Van”) on the northwest corner of 12th Street and University Place on fire using ignitable liquid. More specifically, as surveillance footage shows, as SMITH walked by the NYPD Van, CARBERRY handed SMITH a bottle filled with ignitable liquid and SMITH attempted to set fire to the NYPD Van. After seeing that the NYPD Van was not fully engulfed in flames, CARBERRY again handed SMITH the bottle of ignitable liquid and SMITH circled back to the NYPD Van with more accelerant, and set it ablaze once more, thereby assuring the complete destruction of the NYPD Van.
An analysis of the materials found in the NYPD Van confirmed the presence of an accelerant. The Fire Department of the City of New York (“FDNY”) ultimately confirmed that the fire was deliberately set as an act of arson, resulting in the complete destruction of the NYPD Van.
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CARBERRY, 37, and SMITH, 25, both of Brooklyn, New York, each pled guilty to one count of conspiring to commit arson, in violation of 18 U.S.C. § 371, which carries a maximum penalty of five years in prison. In connection with their guilty pleas, both defendants admitted their roles in the arson. CARBERRY is scheduled to be sentenced by Judge Liman on January 5, 2022, at 2:00 p.m. SMITH is scheduled to be sentenced by Judge Liman on January 11, 2022, at 2:00 p.m.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the New York City Arson and Explosion Task Force of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the NYPD, and the FDNY.
The prosecution of this case is being handled by the Office’s General Crimes Unit. Assistant United States Attorney Christy Slavik is in charge of the prosecution.
Bronx Gang Member Convicted of Shooting 12-Year-Old in PlaygroundRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that a jury returned a guilty verdict today against NICHOLAS JOSEPH, a/k/a “Gotti,” a/k/a “Finesse,” on five counts in a Superseding Indictment, including charges of racketeering conspiracy, violent crimes in aid of racketeering, and firearms offenses. JOSEPH is scheduled to be sentenced on January 5, 2022, by U.S. District Judge P. Kevin Castel, who presided over the seven-day trial.
U.S. Attorney Audrey Strauss said: “Nicholas Joseph participated in a violent gang for years and carried out a shooting in a playground next to an elementary school, seriously injuring a 12-year-old child. Now convicted of his crimes, Joseph will no longer be able to inflict harm on the people of this city. We continue our daily work with our law enforcement partners to keep our communities safe by vigorously investigating and prosecuting acts of gang violence.”
According to the Superseding Indictment and the evidence at trial:
Between in or about 2014 and in or about December 2020, JOSEPH was a member and associate of the Castle Hill Crew, a racketeering enterprise that operated principally in the Castle Hill Houses in the Soundview neighborhood of the Bronx. In order to enrich the enterprise, preserve and protect the power of the enterprise, and enhance its criminal operations, Castle Hill Crew members and associates committed, conspired, attempted, and threatened to commit acts of violence, including murder; distributed and possessed with intent to distribute narcotics; engaged in fraud; and obtained, possessed, and used firearms.
On or about November 19, 2015, JOSEPH and others stabbed a rival gang member in the head and back.
On or about April 28, 2017, JOSEPH shot at rival gang members in the vicinity of the Story Playground in the Bronx, New York, during which a 12-year-old child playing basketball in the park was injured.
In addition, on or about July 10, 2020, and in or around November 2020 and December 2020, JOSEPH illegally possessed firearms and ammunition.
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JOSEPH, 23, was convicted on five counts: (1) racketeering conspiracy, which carries a maximum prison term of 20 years; (2) attempted murder and assault with a deadly weapon in aid of racketeering, which carries a maximum prison term of 20 years; (3) using and carrying a firearm during, and possessing a firearm in furtherance of, a crime of violence, which carries a mandatory consecutive prison term of 10 years and a maximum prison term of life; and (4) two counts of being a felon in possession of a firearm and ammunition, each of which carries a maximum prison term of 10 years.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Ms. Strauss praised the outstanding investigative work of the New York City Police Department, Homeland Security Investigations, and the New York City Department of Investigation.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Andrew K. Chan, Celia V. Cohen, Emily A. Johnson, and Justin V. Rodriguez, and paralegal specialist Victoria Bosah, are in charge of the prosecution.