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17 September 2021
Justice Department Resolves Lawsuit Alleging Disability-Based Discrimination by Developer and Owners of Eight Senior Living Complexes in Five StatesRead the Press Release
BIRMINGHAM, Ala. – The Justice Department announced today that the developer and owners of eight senior living complexes in Alabama, Florida, Georgia, South Carolina and Tennessee have agreed to pay $450,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to build these properties with required accessible features for people with disabilities. As part of the settlement, the defendants agreed to make substantial retrofits to remove accessibility barriers at the complexes, including more than 1,500 units.
Under the consent order that was approved by the U.S. District Court for the Northern District of Alabama, Dominion Management LLC and its affiliate companies will pay all costs related to the retrofits, $400,000 into a settlement fund to compensate individuals harmed by the inaccessible housing, and $50,000 in civil penalties to the government. The defendants also will undergo training, ensure that any future construction complies with federal accessibility laws, and make periodic reports to the Justice Department.
This matter originated when the U.S. Attorney’s Office for the Middle District of Tennessee learned of potential accessibility barriers at Somerby Franklin, the Dominion-built property in Franklin, Tennessee.
“All people deserve equal access to housing, including people with disabilities. The Justice Department stands ready to vigorously enforce federal laws to ensure accessibility for people with disabilities,” said Assistant Attorney General Kristen Clarke of the Department’s Civil Rights Division. “The agreement requires comprehensive corrections that will make the properties accessible for the senior citizens and people with disabilities who live there so that they can more fully enjoy their homes.”
“Today’s resolution ensures that a substantial number of persons with disabilities have accessible and safe living spaces,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office will continue to work tirelessly to enforce the Fair Housing Act, and to see that its promise is met.”
“This settlement will lead to overdue property improvements which will serve to improve the quality of life for many elderly and disabled residents,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “The FHA and the ADA exist, among other reasons, to prevent these kinds of obstacles from interfering with the daily activities of protected classes of residents. We will continue to vigorously investigate these types of complaints and take appropriate action to resolve issues which may run afoul of civil rights statutes.”
Under the settlement, the defendants will, among other things, create accessible pedestrian walkways to the leasing office and site amenities, install accessible curb cuts and parking, and modify kitchens and bathrooms at these senior living complexes:
- Fleming Farms, Huntsville (Alabama)
- Somerby St. Vincent’s One Nineteen, Birmingham (Alabama)
- Somerby Peachtree City (Georgia)
- Somerby Sandy Springs (Georgia)
- Westside, Alpharetta (Georgia)
- Somerby Santa Rosa Beach (Florida)
- Somerby Mount Pleasant (South Carolina)
- Somerby Franklin (Tennessee)
Individuals who are entitled to share in the settlement fund will be identified through a process established in the consent order. Persons who believe that they or their family members were subjected to unlawful discrimination at any of these complexes should contact the Justice Department toll-free at 1-833-591-0291, select option 1 for English; select option 4 for housing accessibility for persons with disabilities; and select option 2 for Dominion Management LLC to leave a voice message or e-mail the Justice Department at [email protected].
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. The FHA requires all multifamily housing constructed after March 13, 1991, to have basic accessible features. Enacted in 1990, the ADA requires that places of public accommodation, such as rental offices at multifamily complexes designed and constructed for first occupancy after Jan. 26, 1993, be accessible to persons with disabilities. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department at 1-800-896-7743, or submitting a report online at http://civilrights.justice.gov/. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
This case was handled by Trial Attorney Julie Allen, Assistant U.S. Attorney Ellen Bowden McIntyre from Middle District of Tennessee and Assistant U.S. Attorney Jason Cheek from the Northern District of Alabama.
Justice Department Resolves Lawsuit Alleging Disability-Based Discrimination by Developer and Owners of Eight Senior Living Complexes in Five StatesRead the Press Release
The Justice Department announced that the developer and owners of eight senior living complexes in Alabama, Florida, Georgia, South Carolina and Tennessee have agreed to pay $450,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to build these properties with required accessible features for people with disabilities. As part of the settlement, the defendants agreed to make substantial retrofits to remove accessibility barriers at the complexes, including more than 1,500 units.
Under the consent order that was approved by the U.S. District Court for the Northern District of Alabama, Dominion Management LLC and its affiliate companies will pay all costs related to the retrofits, $400,000 into a settlement fund to compensate individuals harmed by the inaccessible housing and $50,000 in civil penalties to the government. The defendants also will undergo training, ensure that any future construction complies with federal accessibility laws and make periodic reports to the Justice Department.
This matter originated when the U.S. Attorney’s Office for the Middle District of Tennessee learned of potential accessibility barriers at Somerby Franklin, the Dominion-built property in Franklin, Tennessee.
“All people deserve equal access to housing, including people with disabilities. The Justice Department stands ready to vigorously enforce federal laws to ensure accessibility for people with disabilities,” said Assistant Attorney General Kristen Clarke of the Department’s Civil Rights Division. “The agreement requires comprehensive corrections that will make the properties accessible for the senior citizens and people with disabilities who live there so that they can more fully enjoy their homes.”
“Today’s resolution ensures that a substantial number of persons with disabilities have accessible and safe living spaces,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office will continue to work tirelessly to enforce the Fair Housing Act, and to see that its promise is met.”
“This settlement will lead to overdue property improvements which will serve to improve the quality of life for many elderly and disabled residents,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “The FHA and the ADA exist, among other reasons, to prevent these kinds of obstacles from interfering with the daily activities of protected classes of residents. We will continue to vigorously investigate these types of complaints and take appropriate action to resolve issues which may run afoul of civil rights statutes.”
Under the settlement, the defendants will, among other things, create accessible pedestrian walkways to the leasing office and site amenities, install accessible curb cuts and parking and modify kitchens and bathrooms at these senior living complexes:
- Fleming Farms, Huntsville (Alabama)
- Somerby St. Vincent’s One Nineteen, Birmingham (Alabama)
- Somerby Peachtree City (Georgia)
- Somerby Sandy Springs (Georgia)
- Westside, Alpharetta (Georgia)
- Somerby Santa Rosa Beach (Florida)
- Somerby Mount Pleasant (South Carolina)
- Somerby Franklin (Tennessee)
This case was handled by Trial Attorney Julie Allen, Assistant U.S. Attorney Ellen Bowden McIntyre from Middle District of Tennessee and Assistant U.S. Attorney Jason Cheek from the Northern District of Alabama.
Individuals who are entitled to share in the settlement fund will be identified through a process established in the consent order. Persons who believe that they or their family members were subjected to unlawful discrimination at any of these complexes should contact the Justice Department toll-free at 1-833-591-0291, select option 1 for English; select option 4 for housing accessibility for persons with disabilities; and select option 2 for Dominion Management LLC to leave a voice message or e-mail the Justice Department at [email protected].
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex and familial status. The FHA requires all multifamily housing constructed after March 13, 1991, to have basic accessible features. Enacted in 1990, the ADA requires that places of public accommodation, such as rental offices at multifamily complexes designed and constructed for first occupancy after Jan. 26, 1993, be accessible to persons with disabilities. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department at 1-800-896-7743, or submitting a report online at http://civilrights.justice.gov/. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
Justice Department Resolves Lawsuit Alleging Disability-Based Discrimination by Developer and Owners of Eight Senior Living Complexes in Five StatesRead the Press Release
NASHVILLE – The Justice Department announced today that the developer and owners of eight senior living complexes in Alabama, Florida, Georgia, South Carolina, and Tennessee have agreed to pay $450,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to build these properties with required accessible features for people with disabilities. As part of the settlement, the defendants agreed to make substantial retrofits to remove accessibility barriers at the complexes, including more than 1,500 units.
Under the consent order that was approved by the U.S. District Court for the Northern District of Alabama, Dominion Management LLC and its affiliate companies will pay all costs related to the retrofits, $400,000 into a settlement fund to compensate individuals harmed by the inaccessible housing, and $50,000 in civil penalties to the government. The defendants also will undergo training, ensure that any future construction complies with federal accessibility laws, and make periodic reports to the Justice Department.
This matter originated when the U.S. Attorney’s Office for the Middle District of Tennessee learned of potential accessibility barriers at Somerby Franklin, the Dominion-built property in Franklin, Tennessee.
“This settlement will lead to overdue property improvements which will serve to improve the quality of life for many elderly and disabled residents,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “The FHA and the ADA exist, among other reasons, to prevent these kinds of obstacles from interfering with the daily activities of protected classes of residents. We will continue to vigorously investigate these types of complaints and take appropriate action to resolve issues which may run afoul of civil rights statutes.”
“All people deserve equal access to housing, including people with disabilities. The Justice Department stands ready to vigorously enforce federal laws to ensure accessibility for people with disabilities,” said Assistant Attorney General Kristen Clarke of the Department’s Civil Rights Division. “The agreement requires comprehensive corrections that will make the properties accessible for the senior citizens and people with disabilities who live there so that they can more fully enjoy their homes.”
“Today’s resolution ensures that a substantial number of persons with disabilities have accessible and safe living spaces,” said U.S. Attorney Prim F. Escalona for the Northern District of Alabama. “Our office will continue to work tirelessly to enforce the Fair Housing Act, and to see that its promise is met.”
Under the settlement, the defendants will, among other things, create accessible pedestrian walkways to the leasing office and site amenities, install accessible curb cuts and parking, and modify kitchens and bathrooms at these senior living complexes:
- Fleming Farms, Huntsville (Alabama)
- Somerby St. Vincent’s One Nineteen, Birmingham (Alabama)
- Somerby Peachtree City (Georgia)
- Somerby Sandy Springs (Georgia)
- Westside, Alpharetta (Georgia)
- Somerby Santa Rosa Beach (Florida)
- Somerby Mount Pleasant (South Carolina)
- Somerby Franklin (Tennessee)
Individuals who are entitled to share in the settlement fund will be identified through a process established in the consent order. Persons who believe that they or their family members were subjected to unlawful discrimination at any of these complexes should contact the Justice Department toll-free at 1-833-591-0291, select option 1 for English; select option 4 for housing accessibility for persons with disabilities; and select option 2 for Dominion Management LLC to leave a voice message or e-mail the Justice Department at [email protected].
This matter was handled by Assistant U.S. Attorney Ellen Bowden McIntyre of the Middle District of Tennessee, DOJ Trial Attorney Julie Allen, and Assistant U.S. Attorney Jason Cheek of the Northern District of Alabama.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing based on disability, race, color, religion, national origin, sex, and familial status. The FHA requires all multifamily housing constructed after March 13, 1991, to have basic accessible features. Enacted in 1990, the ADA requires that places of public accommodation, such as rental offices at multifamily complexes designed and constructed for first occupancy after Jan. 26, 1993, be accessible to persons with disabilities. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals may report disability discrimination or other forms of housing discrimination by calling the Justice Department at 1-800-896-7743, or submitting a report online at http://civilrights.justice.gov/. Individuals also may report discrimination by contacting the Department of Housing and Urban Development at 1-800-669-9777, or by filing a complaint online.
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Jury finds man guilty of two bank robberies committed in St. Louis CityRead the Press Release
ST. LOUIS – On September 17, 2021, a jury found Briran Blake, 30, of Jefferson County, Illinois guilty of two counts of bank robbery and one count of brandishing a firearm in furtherance of a crime of violence.
On June 9, 2017, Briran Blake entered a Regions Bank on Hampton Avenue in St. Louis, presented a demand note to the teller, and escaped with almost $2,000 cash. 13 days later, on June 22, 2017, Briran Blake entered a Regions Bank on South Broadway in St. Louis, presented a demand note, and brandished a firearm at the bank teller before escaping with over $4,200 cash. Blake was indicted in August 2019 following analysis of the demand notes and identification of Blake as the suspect by the St. Louis Metropolitan Police Department Crime Laboratory.
The trial began on Tuesday and concluded with the jury verdict of guilty on all counts on Friday. United States District Judge John A. Ross presided over the trial. Sentencing will be held on December 15, 2021. Blake faces a maximum sentence of life imprisonment.
This case was investigated by the St. Louis Metropolitan Police Department and the Federal Bureau of Investigation. Jason Dunkel and Donald Boyce prosecuted this case on behalf of the United States
Jury convicts Lame Deer man of assault, firearms crimes after high-speed chase and shootout with federal officersRead the Press Release
Note: A trial exhibit of dashcam video of chase can be viewed here.
BILLINGS — A federal jury convicted a Lame Deer man today of multiple assault and firearms crimes after he led law enforcement on a high-speed chase on the Northern Cheyenne Indian Reservation and was wounded in a shootout when he shot at officers, who returned fire, said Acting U.S. Attorney Leif M. Johnson.
The jury found Antoine Robert Threefingers, 37, guilty of assault on a federal officer, assault with a dangerous weapon, possession of a firearm in furtherance of a crime of violence, and prohibited person in possession of a firearm.
Threefingers faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the assault on federal officer crime and a mandatory minimum of ten years to life imprisonment consecutive to any other sentence on possessing a firearm in furtherance of a crime of violence.
The five-day trial began on Sept. 13.
U.S. District Judge Susan P. Watters presided. Judge Watters set sentencing for February 10, 2022 and ordered Threefingers detained.
“The jury rightly rejected Mr. Threefinger’s defense that he was not responsible because he had Post Traumatic Stress Disorder. Officers’ dashcam video captured a harrowing, high-speed chase of up to 120 mph on a highway and on dirt roads that ended in a shootout. It’s a miracle that nobody got killed. I want to thank all of the federal and state law enforcement officers who placed themselves directly in harm’s way and took extraordinary steps to protect the public by safely ending this incident. I also want to thank the entire trial team for putting forward a compelling case against Threefingers,” said Acting U.S. Attorney Johnson.
“Thankfully, no officers or innocent bystanders were hurt when Antoine Threefingers made such a reckless and violent attempt to evade the law, but he will now face the consequences for his crimes,” said Dennis Rice, Special Agent in Charge of the Salt Lake City FBI. “The officers involved put their lives on the line. Rest assured, the FBI and our law enforcement partners will make every effort to keep our communities safe from those who have a blatant disregard for human life.”
In court documents and at trial, the government presented evidence alleging that on Sept. 1, 2020, Threefingers was involved in a high-speed chase on the Northern Cheyenne Indian Reservation that ended in shootout with law enforcement officers in a field near Birney. A Bureau of Indian Affairs police officer, identified as John Doe 1, attempted a routine traffic stop of Threefingers. Threefingers stopped initially but then fled as Doe 1 approached, engaging officers in a pursuit in which speeds exceeded 100 miles per hour and lasted about 20 minutes. Four more officers, including three BIA officers and a Rosebud County Sheriff’s deputy, joined the chase.
As he was driving, Threefingers pulled out a gun and put it to his head before turning the gun on law enforcement. Threefingers pointed his gun out the window, fired a shot at Doe 1 and continued driving. Threefingers eventually led law enforcement to a dirt road near Birney, where he stopped his vehicle and exchanged gunfire with Doe 1. Another BIA officer later exchanged gun fire with Threefingers. Other officers nearby described Threefingers’ shots sailing over their heads but did not fire at Threefingers.
Threefingers attempted to run from his car while continuing to shoot at law enforcement. Officers shot Threefingers, who fell to the ground and continued firing at law enforcement. Threefingers shot at Doe 1, hitting his windshield with a bullet less than a foot from the officer’s head. The officers approached Threefingers, detained him and administered medical care. He was transported to the hospital. Law enforcement recovered a Colt .45-caliber pistol on the ground near Threefingers. Multiple .45-caliber casings were recovered near Threefingers and from his car. Several rounds of .45 ammunition were also found in his car.
Assistant U.S. Attorneys Bryan T. Dake and Benjamin D. Hargrove are prosecuting the case, which was investigated by the FBI.
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John Earnest Pleads Guilty to 113-Count Federal Hate Crime Indictment in Connection with Poway Synagogue Shooting and Mosque ArsonRead the Press Release
For Further Information, Contact: Assistant U. S. Attorneys Peter Ko (619) 546-7359 and Shane Harrigan (619) 546-6981
John T. Earnest of Rancho Penasquitos pleaded guilty in federal court today to a 113-count hate crimes indictment, admitting that he set fire to an Escondido mosque and opened fire in a Poway synagogue because he wanted to kill Muslims and Jews. The religiously- and racially-motivated attacks resulted in the murder of one person and the attempted murders of 53 others.
Earnest was indicted by a federal grand jury in May of 2019 on civil rights, hate crime, and firearm charges in connection with the murder of Lori Gilbert Kaye and the attempted murder of 53 others at the Chabad of Poway on April 27, and the March 24 arson of the Dar-ul-Arqam Mosque in Escondido.
“This nation stands with Lori Gilbert Kaye’s family and the survivors of these unspeakable acts of terror,” said Acting U.S. Attorney Randy S. Grossman. “We emphatically reject the defendant’s hate, racism and prejudice, and we hope the conclusion of this case brings some measure of comfort to all those affected by his heinous crimes.”
“The defendant entered a synagogue with the intent to kill all those inside because of his hatred for Jewish people, and days earlier used fire in an attempt to destroy another sacred house of worship because of his hatred for Muslims,” said Deputy Attorney General Lisa Monaco. “There is no place in American society for this type of hate-fueled violence. The Department of Justice will enforce hate crimes and anti-discrimination laws to the fullest extent of the law and will hold perpetrators accountable for these crimes, which inflict harm not only on individual victims, but on entire communities.”“This guilty plea will hopefully bring closure and start the healing process to all those impacted by the defendant’s cowardly acts nearly two-and-a-half years ago,” said FBI Special Agent in Charge Suzanne Turner. “The FBI stands steadfast with all of our law enforcement partners throughout the county to root out and defeat hate; It has no place in a civilized society.”
“The tragic shooting at the Chabad of Poway was shocking for our community,” said ATF Los Angeles Field Division Special Agent in Charge Monique Villegas. “Our condolences go out to the victims and their families who were affected by this horrific act. ATF remains committed to bringing individuals responsible for such acts to justice to ensure everyone can worship safely.”
According to the plea agreement and other court documents, after several weeks of planning, on the morning of April 27, 2019, Earnest drove to the Chabad of Poway synagogue, where members of the congregation were gathered for religious worship. Earnest entered the building armed with a Smith and Wesson M&P 15 assault rifle that was fully loaded with a 10-round magazine. He wore a chest rig which contained five additional magazines, each loaded with ten rounds of ammunition. Earnest opened fire, killing one person and injuring three other members of the congregation, including a then 8-year-old child. After Earnest emptied his initial magazine, several congregants rushed at Earnest. Earnest fled in his car and, shortly after, called 911 and confessed that he had “just shot up a synagogue.” Earnest was apprehended by local law enforcement who found the rifle and additional ammunition in his car.
Investigators found a manifesto written by Earnest and posted on the Internet shortly before the attack. In the manifesto, Earnest made many anti-Semitic and anti-Muslim statements, including “I can only kill so many Jews” and “I only wish I killed more.” Earnest wrote that he was inspired by the Tree of Life synagogue shooting in Pittsburgh, Pennsylvania, and the shootings at two mosques in New Zealand.
Earnest also admitted that on March 24, 2019, he attempted to set fire to the Dar-ul-Arqam mosque in Escondido, California because of his hatred of Muslims and the religious character of the building. Seven missionaries were asleep in the mosque, but no one was injured.
According to the terms of the plea agreement, the United States and Earnest will jointly recommend a sentence of life in prison plus 30 years.
The case is being prosecuted by Assistant U.S. Attorneys Shane Harrigan and Peter Ko, along with Deputy Chief Rose Gibson of the Civil Rights Division. The FBI, ATF and San Diego Sheriff’s Office conducted the investigation. Grossman thanked the prosecutors and law enforcement agencies for working hard to achieve justice in this case.
DEFENDANT Case Number 19cr1850
John T. Earnest Age: 22 San Diego
SUMMARY OF CHARGES
Counts 1 - 54
Obstruction of Free Exercise of Religious Beliefs Resulting in Death and Bodily Injury; and Involving Attempt to Kill, Use of a Dangerous Weapon - 18 U.S.C. §§ 247(a)(2), 247(d)(1) and 247(d)(3)
Maximum penalty: Life in prison or death and $250,000 fine
Counts 55-108
Hate Crime Acts – 18 U.S.C. § 249(a)(1)(B)(i)(ii)
Maximum penalty: Life in prison and $250,000 fine
Count 109
Damage to Religious Real Property Involving Use of a Dangerous Weapon or Fire – 18 U.S.C. §§ 247(a)(1), 247 (d)(3)
Maximum penalty: Twenty years in prison and $250,000 fine
Count 110
Using and Carrying a Firearm During and In Relation to a Crime of Violence, Resulting in Death – Title 18, U.S.C., Sec. and 924(c) and 924(j)
Maximum penalty: Life in prison or death and $250,000 fine
Counts 111-113
Using, Carrying, and Discharging a Firearm During and In Relation to a Crime of Violence – Title 18, U.S.C., Sec. and 924(c)
Maximum penalty: Life in prison and $250,000 fine, mandatory minimum 10 years in prison
AGENCIES
Federal Bureau of Investigation
San Diego County Sheriff’s Department
San Diego Police Department
Bureau of Alcohol, Tobacco, Firearms and Explosives
San Diego County District Attorney’s Office
Escondido Police Department
Informational: Federal Court arraignmentsRead the Press Release
The U.S. Attorney’s Office announced that the following persons were arraigned or appeared this week before U.S. Magistrate judges on indictments handed down by the Grand Jury or on criminal complaints. The charging documents are merely accusations and defendants are presumed innocent until proven guilty:
Appearing in Billings before U.S. Magistrate Judge Timothy J. Cavan and pleading not guilty on Sept. 16 was:
Laymond Perry Brien, 38, of Lame Deer, on charges of possession with intent to distribute methamphetamine and possession of a firearm with an obliterated serial number. If convicted of the most serious crime, Brien faces a mandatory minimum five years to 40 years in prison, a $5 million fine and four years of supervised release. Brien was released pending further proceedings. The Bureau of Indian Affairs investigated the case. PACER case reference. 21-58.
Amber Dawn Godijohn, 39, of Billings, on charges of conspiracy to commit wire fraud, wire fraud and aggravated identity theft. If convicted of the most serious crime, Godijohn faces a maximum 20 years in prison, a $250,000 fine and three years of supervised release on the fraud crimes and two years in prison, a $250,000 fine and one year of supervised release consecutive to any other sentence. Godijohn was detained pending further proceedings. The U.S. Secret Service and the Billings Police Department investigated the case. PACER case reference. 21-23.
Appearing on Sept. 14 was:
Benito Craig Castro, 32, Billings, on charges of prohibited person in possession of a firearm and ammunition. If convicted of the most serious crime, Castro faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Castro was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-59.
Appearing on Sept. 13 was:
Tirell Lewis, 40, of Billings, on charges of prohibited person in possession of a firearm. If convicted of the most serious crime, Lewis faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release. Lewis was detained pending further proceedings. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case. PACER case reference. 21-46.
Appearing in Great Falls before U.S. Magistrate Judge John T. Johnston and pleading not guilty on Sept. 13 was:
Leon Houle, 47, of Box Elder, on charges of assault with intent to commit murder, kidnapping, assault with a dangerous weapon, assault resulting in serious bodily injury and use of a firearm during a crime of violence. If convicted of the most serious crime, Houle faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Houle was detained pending further proceedings. The FBI investigated the case. PACER case reference. 21-60.
Tabitha Gopher, 23, unknown hometown, on charges of assault to commit murder, kidnapping, assault with a dangerous weapon, assault resulting in serious bodily injury and use of a firearm during a crime of violence. If convicted of the most serious crime, Gopher faces a maximum of life in prison, a $250,000 fine and five years of supervised release. Gopher was detained pending further proceedings. The FBI investigated the case. PACER case reference. 21-61.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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Indictment Charges Waterbury Gang Members with Murder and Drug Trafficking OffensesRead the Press Release
As part of an ongoing investigation into gang-related drug trafficking and related violence in Waterbury, a federal grand jury in Hartford has returned an indictment charging 16 Waterbury gang members with engaging in numerous violent criminal acts, including murder and attempted murder, as well as firearm possession and drug trafficking offenses.
Today’s announcement was made by Leonard C Boyle, Acting United States Attorney for the District of Connecticut; Maureen T. Platt, State’s Attorney for the Waterbury Judicial District; Waterbury Police Chief Fernando C. Spagnolo; David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, and James Ferguson, Special Agent in Charge, ATF Boston Field Division.
The 36-count indictment, which was returned on September 14, charges
GABRIEL PULLIAM, a.k.a. “G, ” 27
TAHJAY LOVE, a.k.a. “Goon,” 23
ZAEKWON McDANIEL, a.k.a. “Gap” and “Yung Gap,” 23
EZRA ALVES, a.k.a. “EJ” and “Ezzy,” 21
MALIK BAYON, a.k.a. “Pop” and “Dirt,” 25
D’ANDRE BURRUS, a.k.a. “Dopeman,” 27
JUSTIN CABRERA, a.k.a. “J.U.,” 22
LADERRICK JONES, a.k.a. “Lexus,” 29
JAIVAUN McKNIGHT, a.k.a. “Sav,” 23
JULIAN SCOTT, a.k.a. “Ju Sav,” 22
DAYQUAIN SINISTERRA, a.k.a. “Quan,” 24
AHMED ALVES, a.k.a. “Stones,” 23
ADRIAN FLEMMING, a.k.a. “Big A” and “Goldo,” 26
JAMES GRAHAM, a.k.a. “Little Cuz,” 21
TAVAUGHN WRIGHT, a.k.a. “Teddy,” 27
DIMITRI BLANDING, 23Pulliam, Love, McDaniel, Ezra Alves, Burrus, Jones, McKnight, Scott, Sinisterra and Graham have been detained in state custody, and Flemming is currently serving a federal sentence for a related drug charge. Bayon, Cabrera, Wright, Blanding, and Ahmed Alves were arrested yesterday. Blanding was released on bond, and Bayon, Cabrera, Wright and Alves are detained pending detention hearings that are scheduled beginning next week.
As alleged in court documents and statements made in court, in an effort to address escalating violence in Waterbury, the FBI, ATF, and Waterbury Police are actively investigating multiple Waterbury-based groups whose members are involved in narcotics trafficking, murder and other acts of violence. The defendants charged in the indictment are members of the 960 gang – an active gang in the Waterbury area.
The indictment alleges that the 960 gang distributed narcotics and engaged in multiple violent acts, including murder, attempted murder and assault, as well as obstruction of justice.
Among the violent acts committed by the defendants, the indictment alleges that:
- On October 31, 2017, Cabrera attempted to murder members of a rival gang, which resulted in gunshot wounds to an individual with the initials J.B.;
- On November 22, 2017, McDaniel, Bayon and Love murdered Clarence Lewis and Antonio Santos;
- On December 29, 2017, McDaniel attempted to murder an individual believed to be related to a rival gang, which resulted in gunshot wounds to an individual with the initials J.S.;
- On September 21, 2018, Sinisterra attempted to murder individuals associated with an individual with the initials H.M. by shooting at an occupied residence on Lounsbury Street in Waterbury;
- On September 21, 2018, Ezra Alves, McKnight and Sinisterra attempted to murder individuals associated with an individual with the initials H.M. by shooting at an occupied residence on Scott Road in Waterbury;
- On October 6, 2018, Ezra Alves, Scott and Sinisterra attempted to murder individuals believed to be members of a rival gang, which resulted in gunshot wounds to an individual with the initials A.R.;
- On October 11, 2018, Pulliam, Scott and Sinisterra, in an attempt to murder individuals believed to be members of a rial gang, murdered Fransua Guzman and injured an individual with the initials D.M.
- On November 1, 2018, Sinisterra attempted to murder H.M., which resulted in gunshot wounds to H.M.
- On November 18, 2018, Ezra Alves, Scott and Sinisterra attempted to murder individuals believed to be members of a rival gang, which resulted in gunshot wounds to individuals with the initials M.A. and J.S.;
- On October 19, 2019, Love and Graham caused bodily injury to an individual with the initials J.A. in an attempt to obstruct the administration of justice.
“As alleged in the indictment and in related prosecutions, members of the 960 gang not only murdered and attempted to murder rival gang members, but also shot and maimed unintended victims whose lives have been forever changed by their reckless behavior,” said U.S. Attorney Boyle. This long-term investigation and prosecution of these 16 defendants represent our commitment to use federal resources to help dismantle violent groups and prosecute those whose drug trafficking and relentless acts of gun violence destroy the communities where they operate. I sincerely thank State’s Attorney Platt for coordinating this prosecution with our office, and Chief Spagnolo and the members of the Waterbury Police Department for their excellent work and close partnership with the FBI and ATF during this investigation.”
“The indictment of 16 members of the 960 gang in Waterbury is a product of the tireless work and collaboration of numerous law enforcement agencies,” said Waterbury State’s Attorney Platt. “Especially today given the recent escalation of gun violence and gang activity, this effort will undoubtedly make the Waterbury community a safer and better place in which to live. The Waterbury State’s Attorney’s office is so proud to be a part of this project, and we would like to extend and thanks and admiration to all those who worked so hard to put this case together, including the U.S. Attorney’s Office, Chief Spagnolo and the Waterbury Police Department, and numerous federal and state law enforcement agencies.”
“The 36-count indictment charging 16 members of the violent Waterbury gang 960 is due in part to the tireless efforts of so many in local and federal law enforcement,” said Chief Spagnolo. “I want to acknowledge our strong partnerships with the United States Attorney for the District of Connecticut, the Waterbury State’s Attorney and the FBI. Our community is a safer place today because of the diligence displayed by law enforcement officers as well as federal and state prosecutors in this investigation.”
“Today’s arrests are a clear indication to all criminal actors in Waterbury and across Connecticut that we are in the community working around the clock to end senseless violence, reduce fear, and to do our part to improve quality of life,” said FBI Special Agent in Charge Sundberg.
The indictment charges Pulliam, Love, McDaniel, Ezra Alves, Bayon, Burrus, Jones, McKnight, Scott and Sinisterra with one count of conspiracy to engage in a pattern of racketeering activity, an offense that carries a maximum term of imprisonment of 20 years for Pulliam, Ezra Alves, Burrus, Jones, McKnight, Scott and Sinisterra. Because it is alleged that Bayon, McDaniel and Love killed both Clarence Lewis and Antonio Santos in the course of a single transaction, they face a penalty of life imprisonment if convicted of this count.
In addition, McDaniel, Bayon, Love, Pulliam, Scott and Sinisterra are charged with murder in violation of the Violent Crimes in Aid of Racketeering (“VCAR”) statute. This offense carries a mandatory term of imprisonment of life, or death if the government seeks the death penalty in this matter.
Cabrera, McDaniel, Sinisterra, Ezra Alves, McKnight, Scott and Pulliam are charged with multiple counts of assault with a dangerous weapon, attempted murder/aiding and abetting in assault with a dangerous weapon, and attempted murder, all in violation of the VCAR statute. The assault offense carries a maximum term of imprisonment of 20 years and the attempted murder offenses carry a maximum term of imprisonment of 10 years. These defendants are also charged with using and discharging a firearm during and in relation to a crime of violence, an offense that carries a mandatory consecutive sentence of at least 10 years.
Love and Graham are charged with obstruction of justice, which carries a maximum penalty of 10 years.
Pulliam, Ezra Alves, Bayon, Burrus, Jones, McKnight, Ahmed Alves, Flemming, Wright and Blanding are charged with conspiring to distribute narcotics, including heroin and fentanyl. If convicted on this count they face a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years
Finally, the indictment charges Ezra Alves, Bayon and Wright with possessing a firearm in furtherance of drug trafficking, which carries a mandatory consecutive term of imprisonment of at least five years.
Acting U.S. Attorney Boyle stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the FBI’s Northern Connecticut Gang Task Force, ATF and Waterbury Police Department, with the assistance of the Watertown Police Department, New Milford Police Department and Connecticut Department of Correction. The case is being prosecuted by Assistant U.S. Attorneys Geoffrey M. Stone, John T. Pierpont, Jr. and Natasha M. Freismuth, and Senior Assistant State’s Attorney Cynthia S. Serafini and Supervisory Assistant State’s Attorney Don E. Therkildesen, Jr. of the Waterbury State’s Attorney’s Office, who have been cross-designated as Special Assistant U.S. Attorneys in this matter.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN) and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Illinois Man Sentenced and Ordered to Pay over $5 Million in RestitutionRead the Press Release
HAMMOND- Mohammad Zaidan, 53, of Palos Heights, Illinois, was sentenced by United States District Court Judge Philip P. Simon upon his guilty plea to wire fraud, announced Acting U.S. Attorney Tina L. Nommay.
Zaidan was sentenced to 41 months in prison, 1 year of supervised release and ordered to pay $5,124,212.73 in restitution to the U.S. Department of Agriculture.
According to documents in the case, between December 2015, and November 2020, Zaidan devised a fraudulent scheme to acquire U.S. Department of Agriculture SNAP Benefits, commonly referred to as “food stamps” to which he was not entitled. He engaged in the illegal trade of food stamp benefits for discounted amounts of cash at a store he owned in Gary, namely Tarrytown Food Mart. The scheme involved “cash-back” to customers in exchange for a certain ratio of the total SNAP transaction.
This case is the result of an investigation by the United States Secret Service and United States Department of Agriculture, Office of Inspector General. This case was prosecuted by Assistant U.S. Attorneys Jennifer Chang and Molly Kelley.
Hungry Horse woman admits trafficking meth in Flathead ValleyRead the Press Release
MISSOULA – A Hungry Horse woman accused of distributing pounds of methamphetamine in the Flathead Valley for about a year admitted a trafficking crime today, Acting U.S. Attorney Leif M. Johnson said.
Kalynn Marie Moskaloff, 25, pleaded guilty to possession with intent to distribute meth. Moskaloff faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. District Judge Donald W. Molloy presided. Sentencing was set for Jan. 21, 2022. Moskaloff was detained pending further proceedings.
The government alleged in court documents that law enforcement investigators learned that Moskaloff was involved in distributing meth in Flathead County. Several witnesses told law enforcement that they worked with Moskaloff to distribute about two pounds of meth per month for approximately one year between May 2019 and May 2020. Moskaloff bought two to three pounds of meth at a time from one of the witnesses, who estimated their meth distribution totaled about 24 pounds of the drug. Twenty-four pounds of meth is the equivalent of about 86,976 doses. During two separate traffic stops of Moskaloff in January and February 2020, law enforcement found meth and firearms in the vehicles.
Assistant U.S. Attorney Jennifer S. Clark is prosecuting the case, which was investigated by FBI’s Montana Regional Violent Crime Task Force.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Gloucester County Man Charged with Fraud for Role in Healthcare ConspiracyRead the Press Release
CAMDEN, N.J. – A federal grand jury today returned a five-count indictment charging a Gloucester County, New Jersey, man with defrauding his employer’s health insurance plan out of more than $4 million by submitting fraudulent claims for medically unnecessary compounded medications, Acting U.S. Attorney Rachael A. Honig announced today.
Christopher Gualtieri, 48, of Franklinville, New Jersey, is charged with conspiracy to commit health care fraud and mail fraud and individual acts of mail fraud. Gualtieri was also charged with making false statements to federal agents during the investigation, as well as preparing and filling fraudulent oxycodone prescriptions. Gualtieri is scheduled to appear today by videoconference before U.S. Magistrate Judge Sharon A. King. The case is assigned to U.S. District Judge Robert B. Kugler in Camden.
According to the indictment:
Compounded medications are specialty medications mixed by a pharmacist to meet the specific medical needs of an individual patient. Compounded drugs can be properly prescribed when a physician determines that an FDA-approved medication does not meet the health needs of a particular patient, such as if a patient is allergic to a dye or other ingredient.
Gualtieri and others learned that certain compound medication prescriptions – including vitamins, scar creams, pain creams, and sunscreens – were reimbursed by their health insurance plan for up to thousands of dollars for a one-month supply. Gualtieri recruited co-workers who were covered by their employer’s self-funded health insurance plan to agree to receive medically unnecessary compounded medications for themselves and their family members. Gualtieri and others caused the submission of fraudulent prescriptions to compounding pharmacies, which filled the prescriptions and billed the health insurance plan’s pharmacy benefits administrator. The pharmacy benefits administrator paid the compounding pharmacies more than $4 million for compounded medications arranged by Gualtieri and two conspirators for themselves, their dependents, and other family members. Gualtieri received a portion of the amount paid by the pharmacy benefits administrator to the compounding pharmacies. Gualtieri then paid cash and other remuneration to his conspirators for their participation in the scheme. When questioned by special agents of the FBI, Gualtieri falsely denied recruiting others to receive compounded medications and falsely denied paying cash to others for their participation in the scheme.
During the same time period as the conspiracy involving compounded medications, Gualtieri also prepared and filled fraudulent prescriptions for oxycodone for himself and a family member.
Gualtieri faces a maximum penalty on the conspiracy and mail fraud counts of 20 years in prison, a maximum penalty on the false statements count of five years in prison, and a maximum penalty on the obtaining drugs by fraud count of four years in prison. He also faces a fine on each count of up to $250,000 or twice the gross gain or gross loss from the offense, whichever is greatest.
Acting U.S. Attorney Honig credited agents of the FBI, Philadelphia Field Office, Health Care Fraud Task Force, under the direction of Acting Special Agent in Charge Bradley S. Benavides, and task force members from the Pennsylvania Attorney General’s Office, Department of Health and Human Services – Office of Inspector General, and the Philadelphia Police Department, as well as diversion investigators of the Drug Enforcement Administration, New Jersey Division, Camden Resident Office, under the direction of Special Agent in Charge Susan A. Gibson, with the investigation leading to the indictment. Acting U.S. Attorney Honig also thanked U.S. Postal Service – Office of Inspector General, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Jeffrey Bender of the U.S. Attorney’s Office in Camden.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Georgia Man Pleads Guilty as a Result of Multi-State Dog Fighting, Drug Trafficking InvestigationRead the Press Release
A well-known dog-fighting trainer and breeder has pleaded guilty to a federal animal fighting charge as the result of an ongoing investigation into a significant multi-state dog fighting and drug trafficking ring.
Vernon Vegas, 49, of Suwanee, Georgia, pleaded guilty to conspiracy to participate in an animal fighting venture on Sept. 14. According to court documents, law enforcement investigated a criminal organization involved in both cocaine distribution and organized dog fighting based out of Roberta, Georgia, which extended into North Georgia, Florida and Alabama from May 2019 until February 2020. In February 2020, law enforcement executed 15 residential search warrants and seized more than 150 dogs that were being used for organized dog fighting.
“This case illustrates the connection between the underworld of drugs, organized crime and dog-fighting,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Vernon Vegas profited from these dogs’ pain and will rightly be held to account.”
“Vernon Vegas was the trainer to the trainers — he taught individuals about the bloody and brutal business of dog-fighting and worked to ensure it was thriving,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Dog fighting ventures are magnets for a multitude of dangerous criminal activity. Our office and law enforcement will not tolerate animal fighting or the crimes surrounding it; we will seek federal prosecution when warranted.”
Between October 1996 and February 2020, Vegas, the owner of Cane Valley Kennels, bred, trained, sold and transported dogs for the purpose of the dog fighting. As part of his business, Vegas designed and offered a seven-week “keep” where he trained dogs for animal fighting ventures, prepared on-line pedigrees for the fighting dogs bred and trained at Cane Valley Kennels, provided advice to his co-conspirators on how to train dogs for purposes of engaging in animal fighting ventures, and kept a multitude of training and conditioning equipment including slat mills, chains, a staple gun, hanging weight scales, break sticks, flirt poles and various medicines to treat injuries or disease sustained by dogs made to fight. Between January 2017, and February 2020, Vegas attended dog fights with co-conspirators Derrick Owens and Christopher Raines at locations in the Middle District of Georgia and advised Owens on various matters related to preparing dogs for animal fighting.
Vegas faces a maximum five years in prison to be followed by three years of supervised release and a maximum $250,000 fine. Sentencing is scheduled for Dec. 7.
The case was investigated by the Justice Department’s Environment and Natural Resources Division (ENRD), the Drug Enforcement Administration, the Department of Agriculture- Office of the Inspector General (USDA-OIG), U.S. Marshals Service, Georgia Bureau of Investigation (GBI), Bibb County Sheriff’s Office, Crawford County Sheriff’s Office, Houston County Sheriff’s Office, Merriweather County Sheriff’s Office, Peach County Sheriff’s Office, Taylor County Sheriff’s Office, Webster County Sheriff’s Office, Byron Police Department and the Fort Valley Police Department.
Assistant U.S. Attorney Will Keyes with the U.S. Attorney’s Office for the Middle District of Georgia and Trial Attorney Banu Rangarajan with ENRD’s Environmental Crimes Section are prosecuting the case.
Georgia Man Is Charged with Conspiracy to Defraud the North Carolina Medicaid ProgramRead the Press Release
CHARLOTTE, N.C. – A Georgia man is facing federal charges for an illegal kickback scheme that has defrauded the North Carolina Medicaid program of more than $4 million, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Specifically, a criminal bill of information charges Glenn Pair, 35, formerly of North Carolina now residing in Georgia, with conspiracy to commit Medicaid fraud and money laundering.
“The Medicaid program provides medical services to qualified North Carolinians in need of assistance. It’s not a piggy bank for cheats and fraudsters,” said Acting U.S. Attorney Stetzer. “The U.S. Attorney’s Office will hold accountable those who engage in get-rich-schemes that exploit government programs and deprive important resources from those in real need.”
“North Carolina’s Medicaid program is meant to help the most vulnerable people in our community. Anyone who thinks they can manipulate the system should know the FBI will work tirelessly to make sure they pay dearly,” said FBI Special Agent in Charge Robert R. Wells.
“IRS Criminal Investigation is committed to unraveling complex financial transactions and money laundering schemes where individuals attempt to conceal the true source of their money. Individuals who engage in this type of financial fraud should know they will not go undetected and will be held accountable,” said Acting Special Agent in Charge Mona Passmore for the Charlotte Field Office of Internal Revenue Service Criminal Division.
As alleged in the charging document, Pair was a partner and operator of Everlasting Vitality, LLC (EV) and Do-It-4-The Hood Corporation (D4H). From January 2016 through November 2018, Pair and his co-conspirators paid individuals to recruit at-risk youths, in particular children who were Medicaid eligible, for EV’s or D4H’s after-school and youth mentoring programs. Once enrolled, children were required to submit urine specimens for drug testing. Pair and his co-conspirators allegedly conspired with certain laboratories to perform the drug testing of the enrolled children’s urine specimens submitted and received kickbacks once the laboratories were reimbursed by the North Carolina Medicaid.
Pair and his conspirators also allegedly conspired to defraud North Carolina Medicaid by providing client information used by certain laboratories to file other fraudulent reimbursement claims. For example, on some occasions, Pair and his co-conspirators obtained personal identifying information (PII) of D4H clients, such as names, addresses, dates of birth, and Medicaid beneficiary numbers, which the laboratories used to submit drug testing claims to the North Carolina Medicaid that were fraudulent because, among other reasons, the drug tests were not medically necessary, or the urine specimens were not of the Medicaid beneficiaries under whose names they were submitted. Once the laboratories were reimbursed by North Carolina Medicaid, they paid companies under the control of Pair and others a percentage of the Medicaid reimbursements.
As the bill of information alleges, the drug testing laboratories involved in the scheme submitted over $16 million in fraudulent claims to Medicaid and received $4 million in reimbursements, of which they paid more than $1.5 million in illegal kickbacks to Pair and his co-conspirators.
Pair is the second defendant charged in the scheme. Pair’s co-conspirator, Markuetric Stringfellow, was sentenced in February 2021 to 78 months in prison and was ordered pay $5,278,550 in restitution for his role in the conspiracy.
In making today’s announcement Acting U.S. Attorney Stetzer thanked the FBI, IRS-Criminal Investigations and the North Carolina Medicaid Investigations Division for their investigation of the case.
Assistant U.S. Attorney Michael E. Savage, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
A bill of information is merely an allegation, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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The Department of Justice announced today criminal charges against 138 defendants for their alleged participation in various healthcare fraud schemes that resulted in approximately $1.4 billion in alleged losses. Nationwide, the charges target approximately $1.1 billion in fraud committed using telemedicine, $29 million in COVID-19 health care fraud, $133 million connected to substance abuse treatment facilities, or “sober homes,” and $160 million connected to other health care fraud and illegal opioid distribution schemes across the country.
“This nationwide enforcement action demonstrates that the Criminal Division is at the forefront of the fight against health care fraud and opioid abuse by prosecuting those who have exploited health care benefit programs and their patients for personal gain,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The charges announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a continued pandemic.”
The Justice Department’s press release regarding the nationwide enforcement action can be viewed at: https://www.justice.gov/opa/pr/national-health-care-fraud-enforcement-action-results-charges-involving-over-14-billion.
Fourteen Brazilian Nationals Charged with Identity Theft in Nationwide Rideshare and Delivery Account Fraud SchemeRead the Press Release
BOSTON – Fourteen Brazilian nationals were charged in a second superseding indictment by a federal grand jury in Boston this week in connection with a nationwide conspiracy to open fraudulent driver accounts with multiple rideshare and delivery service companies.
In May 2021, 19 defendants were indicted on one count of conspiracy to commit wire fraud by using stolen identities and falsified documents to create fraudulent driver accounts for rent or sale to individuals who might not otherwise qualify to drive for the rideshare or delivery services. The defendants allegedly exploited referral bonus programs offered by the rideshare and delivery companies and used “bots” and GPS “spoofing” technology to increase the income earned from the companies. As a result of the scheme, Internal Revenue Service Forms 1099 were generated in victims’ names for income that conspirators earned from the rideshare and delivery companies.
The second superseding indictment also charges 14 of the defendants with aggravated identity theft related to their use of victims’ means of identification in connection with the conspiracy. According to the charging documents, the defendants allegedly used victims’ identifying information to apply for driver accounts with the rideshare and delivery companies, enabling defendants to pass those companies’ required background checks and create driver accounts in victims’ names. At times, defendants also edited victims’ driver’s license images to display photos of the drivers renting or buying the fraudulent accounts in order to circumvent facial recognition technology that the rideshare and delivery companies used as a security measure. The defendants allegedly obtained victims’ names, dates of birth, driver’s license information, and or Social Security numbers from co-conspirators and other sources, including sites on the Dark Net. The defendants and co-conspirators also obtained driver’s license images directly from victims, by photographing victims’ licenses while completing an alcohol delivery through one of the services or while exchanging information with victims following vehicle accidents, some of which defendants or co-conspirators intentionally caused in order to obtain victims’ license information.
The grand jury previously returned a superseding indictment charging two of the 19 defendants in the case with aggravated identity theft in June 2021. Sixteen of the defendants have been arrested in connection with the conspiracy and three remain at large. If you believe that you may be a victim of the allegations in this case, please visit https://www.justice.gov/usao-ma/victim-and-witness-assistance-program/us-v-wemerson-dutra-aguiar-and-us-v-priscila-barbosa-et-al.
The following defendants were charged this week in the second superseding indictment with aggravated identity theft:
- Wemerson Dutra Aguiar, 25, a Brazilian national formerly residing in Lynn and Woburn, Mass.;
- Priscila Barbosa, 35, a Brazilian national residing in Saugus, Mass.;
- Edvaldo Rocha Cabral, 41, a Brazilian national residing in Lowell, Mass.;
- Clovis Kardekis Placido, 37, a Brazilian national residing in Citrus Heights, Cali.;
- Bruna Peixoto Colaço Ramos, 31, a Brazilian national residing in Burlington, Mass.;
- Thiago De Souza Prado, 37, a Brazilian national residing in Revere, Mass.;
- Luiz Narciso Alves Neto, 36, a Brazilian national residing in Revere, Mass.;
- Altacyr Dias Guimaraes Neto, 34, a Brazilian national residing in Kissimmee, Fla.;
- Philipe Do Amaral Pereira, 37, a Brazilian national residing in Hercules, Calif.;
- Bruno Proencio Abreu, 28, a Brazilian national residing in Saugus, Mass.;
- Oliver Felipe Gomes De Oliveira, 33, a Brazilian national residing in Shrewsbury, Mass.;
- Waldemy Jorge Lima Wanderley Junior, 32, a Brazilian national residing in Watertown, Mass.;
- Saulo Aguiar Ponciano, 33, a Brazilian national residing in Wheeling, Ill.; and
- Alessandro Felix Da Fonseca, 25, a Brazilian national residing in Revere, Mass.
The charge of aggravated identity theft provides for a sentence of at least two years in prison to be served consecutive to any other sentence imposed. The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss from the offense, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Significant assistance was provided by the Massachusetts State Police; Concord, Lexington, Plymouth, Wilmington, Marlborough and Village of Rye Brook (N.Y.) Police Departments; U.S. Customs and Border Protection; U.S. Postal Inspection Service and the National Crime Insurance Bureau. Assistant U.S. Attorneys Kristen A. Kearney and David M. Holcomb of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Teacher Sentenced to 41 Years for Sexually Exploiting StudentsRead the Press Release
SPRINGFIELD, Mo. – A Springfield, Missouri, man who worked as a teacher in China was sentenced in federal court today for sexually exploiting one of his former students by attempting to blackmail her into sending him pornographic images.
Curtis J. Baldwin, 48, pleaded guilty before U.S. District Judge Stephen R. Bough to 41 years and eight months in federal prison without parole. The Court also sentenced Baldwin to spend the rest of his life on supervised release after incarceration.
On Oct. 5, 2020, Baldwin pleaded guilty to one count of the sexual exploitation of a minor and one count of receiving and distributing child pornography.
Baldwin worked as an English language teacher in China. Baldwin left his employment on Nov. 20, 2019. After he returned to Springfield, he contacted a 12-year-old former student, identified in court documents as Jane Doe, via the WeChat application. Baldwin told Jane Doe he had video footage that showed her engaged in sexually explicit conduct and threatened to post the video on the Internet unless she sent him additional images and a video of herself engaged in sexually explicit conduct. Jane Doe’s father saw the WeChat messages and contacted authorities at the language school, who relayed the information to the FBI for investigation.
On March 10, 2020, federal agents executed a search warrant at Baldwin’s residence. Multiple items were seized, including Baldwin’s Apple MacBook Pro, which contained files of child pornography. Multiple videos of minor Chinese females engaged in sexually explicit conduct that had been produced by Baldwin were among the files. The minor Chinese females were students of Baldwin. The files also contained a sexually explicit video titled “My First Project,” created by Baldwin of a minor female in Springfield.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI and the Southwest Missouri Cyber Crime Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Procurement Manager Sentenced for Embezzling from CompanyRead the Press Release
HAMMOND- Marwan Kawar, 60, of Crown Point, Indiana, was sentenced by United States District Court Judge Philip P. Simon upon his plea of guilty to mail fraud, announced Acting U.S. Attorney Tina L. Nommay.
Kawar was sentenced to 60 months in prison, 2 years of supervised release and ordered to pay restitution to the victim of his offense in the amount of $397,223.29.
According to documents in the case, from September 2012 until February 2019, Kawar devised a scheme to defraud his employer by creating, approving, and submitting payment for fraudulent purchase orders, invoices and shipping receipts in the name of a sham company that he created and controlled. These invoices caused his employer to mail checks to his sham company for goods and services they never received.
Kawar attempted to flee the country before his sentencing, but federal agents apprehended him at the O’Hare Airport before he could board the flight. The cash he had in his possession at that time will go towards his restitution owed to the victim.
This case was investigated by the Federal Bureau of Investigation. This case was prosecuted by Assistant U.S. Attorneys Molly Kelley and Diane Berkowitz.
Former Omaha ATF Agent Pleads Guilty to Structuring Money Transactions to Evade Reporting RequirementsRead the Press Release
COUNCIL BLUFFS, IA – Paul A. White, age 52, a former federal agent with the Alcohol, Tobacco, Firearms and Explosives Bureau in Omaha, Nebraska, pleaded guilty on September 14, 2021, in the District Court of Nebraska to a United States Attorney’s Information charging a violation of Title 31, United States Code, Sections 5324(a)(3) and 5324(d), Structuring Financial Transactions to Evade Reporting Requirement. The case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa, based on the recusal of the District of Nebraska United States Attorney’s Office.
According to court documents, from October 29, 2018, to February 26, 2019, White deposited a total of $99,900 in two banks. White structured the deposits to evade the requirement that banks report cash transactions in excess of $10,000.
White is scheduled to be sentenced on December 17, 2021 and faces a sentence of up to five years in prison. A federal district court judge will determine the sentence after considering the United States Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney, Richard D. Westphal, of the Southern District of Iowa made the announcement. The Office of Inspector General investigated the case.
Former Navy sailor sentenced to prison for distributing deadly fentanyl pillsRead the Press Release
Seattle – A former U.S. Navy sailor was sentenced today in U.S. District Court in Seattle to 4 years in prison and 3 years of supervised release for distribution of fentanyl, announced Acting U.S. Attorney Tessa M. Gorman. Ivan Armenta, 21, was separated from the Navy and taken into federal custody August 7, 2020. Armenta provided pills tainted with fentanyl to another sailor who died of a drug overdose. At the sentencing hearing, U.S. District Judge Robert S. Lasnik noted that Armenta had been warned the pills could be deadly, but still shared them with his friends.
“The overdose statistics are grim and staggering: in King County alone fentanyl overdose deaths are up 82 percent in the first half of 2021,” said Acting U.S. Attorney Gorman. “These pills are manufactured to look like a legitimate pharmaceutical, but as in this case, result in death to the user. Law enforcement is working hard to take such pills off the street.”
The investigation began April 18, 2020, when a Navy sailor was found dead in his workspace aboard a Navy ship. In his pocket were two counterfeit pills that were laced with fentanyl. The Naval Criminal Investigative Services (NCIS) were able to identify Armenta as the sailor who provided the pills to the victim.
The investigation revealed that Armenta himself became ill after taking the pills. Further Armenta had received a warning from a contact in Southern California that the pills were causing fatal overdoses. Nevertheless, Armenta purchased more pills from his source and provided the pills to four Navy sailors. Two became ill, one was revived by Narcan, and one sailor was found dead.
As prosecutors wrote in their sentencing memo: “Counterfeit prescription pills containing fentanyl, like those distributed by Mr. Armenta, pose a unique and substantial danger of overdose. The fact that these pills are manufactured to look like a Percocet increases the likelihood that they will be taken not only by those who intend to take fentanyl, but also by individuals like the victim who believe they are taking nothing more potent than an oxycodone.”
Prosecutors have also charged those who distributed the pills to Armenta. Chase Friedrich, 29, supplied the pills to Armenta. He was arrested April 21, 2020, at his Des Moines, Washington, apartment. A search of Friedrich’s apartment revealed cocaine, a handgun, and a bag of approximately 100 counterfeit pills.
His drug supplier, Raoul V. Normandia, Jr., 29, was arrested April 24, 2020, near his Federal Way, Washington, residence. In his vehicle was cocaine. During a court‑authorized search of Normandia’s residence, law enforcement recovered cocaine, MDMA, firearms, ammunition, body armor, narcotics, and various signs of the drug trade, including scales, baggies, heat sealers, Moneygram receipts, and twenty cell phones.
Normandia pleaded guilty in April 2021 to conspiracy to distribute fentanyl, possession of MDMA and cocaine with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. He is scheduled for sentencing October 21, 2021,
Friedrich pleaded guilty May 17, 2021 to conspiracy, distribution of fentanyl, possession of cocaine and fentanyl with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime. He is scheduled for sentencing on October 22, 2021.
The case was investigated by NCIS and the Kitsap County Sheriff’s Office as a part of the West Sound Narcotics Enforcement Team (WestNET) and is being prosecuted by Assistant United States Attorney Lyndsie Schmalz.
Former Information Technology Executive Pleads Guilty to Insider Trading and Aiding in the Preparation of a False Tax ReturnRead the Press Release
A former information technology (IT) executive pleaded guilty today in the Western District of Pennsylvania to conspiracy to commit securities fraud and aiding in the preparation of a false tax return.
According to court documents and his admissions in court, Dayakar Mallu, 51, of Orlando, Florida, admitted that between 2017 and 2019 he conspired with others to trade in the securities of Mylan N.V., a NASDAQ-listed public company, in advance of corporate announcements concerning drug approvals, financial earnings, and a merger. Mallu, who was at the time Vice President of Global Operations Information Technology of Mylan, and an unnamed co-conspirator, who was a Mylan executive, conspired to provide Mallu with material, non-public information in advance of the company’s public announcements. Mallu then placed trades in the company’s securities and shared trading profits with his co-conspirator through cash transactions in India. Mallu’s trading resulted in more than $8 million in unrealized profits and losses avoided; he ultimately realized net profits and losses avoided of more than $4.2 million from his insider trading.
According to court documents and his admissions in court, Mallu also admitted that he sent false information to his tax preparer relating to Opel Systems LLC, a company that he owned and controlled. Specifically, Mallu falsely told the preparer that Opel had paid $1.3 million to a contractor when, in fact, Mallu had caused Opel to transfer those funds to his personal securities brokerage account. Mallu’s false statement resulted in the preparation of a false 2015 corporate return for Opel.
Mallu is scheduled to be sentenced on Jan. 24, 2022, and faces a maximum penalty of 25 years in prison for the conspiracy offense and three years in prison for the tax offense. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; Assistant Director in Charge Steven M. D’Antuono of the FBI Washington Field Office (FBI-WFO); and Acting Special Agent in Charge Brian Thomas of the IRS-Criminal Investigation (IRS-CI) Detroit Field Office made the announcement.
The FBI-WFO and IRS-CI are investigating the case.
Trial Attorney Matthew Reilly and Principal Assistant Chief Justin Weitz of the Criminal Division’s Fraud Section and Trial Attorney Kenneth Vert of the Tax Division are prosecuting the case. The case was previously handled by Trial Attorney Amanda Vaughn and Assistant Chief L. Rush Atkinson, previously of the Fraud Section.
The Fraud Section uses the Victim Notification System (VNS) to provide victims with case information and updates related to this case. Victims with questions may contact the Fraud Section’s Victim Assistance Unit by calling the Victim Assistance phone line at 1-888-549-3945 or by emailing [email protected]. To learn more about victims’ rights, please visit https://www.justice.gov/criminal-vns/case/Dayakar-Mallu. If you believe you are a victim who has invested in Mylan, please visit https://www.justice.gov/criminal-vns/case/Dayakar-Mallu.
Former Bail Bondsman from Bolivar County Sentenced to 121 Months in Prison for Illegal Gun TraffickingRead the Press Release
Oxford, Miss. – A former bail bondsman from Boyle, Mississippi was sentenced to more than ten years in federal prison on Wednesday in the United States District Court in Greenville for knowingly selling firearms to a convicted felon.
Joe Crawford, 68, was convicted in June by a jury in Oxford, Mississippi for knowingly selling multiple firearms to a convicted felon on two separate occasions. At least one of the firearms sold by Crawford was stolen. On Wednesday, September 15, 2021, Chief District Court Judge Debra M. Brown sentenced Crawford to 121 months in prison for selling the firearms to a convicted felon.
According to court documents and testimony presented at trial, law enforcement began investigating an increase in firearms related violence in the Cleveland, Mississippi area in 2018. FBI and ATF began working with local investigators to identify the individuals responsible for shootings in the area and to identify individuals supplying the shooters with the guns. During the investigation, agents identified Joe Crawford as an individual who supplied firearms to felons. Upon identifying Crawford as a potential source of illegal firearms, law enforcement utilized a confidential informant (CI) to conduct controlled purchases of firearms from Crawford.
During the ensuing investigation, the CI purchased a total of ten firearms from Crawford on two occasions in transactions that were recorded on video and audio. On each of the two occasions that the CI purchased guns from Crawford, the CI repeatedly told Crawford that he was a convicted felon. Among the firearms sold by Crawford were multiple semi-automatic rifles that included 20 and 30 round magazines, a “bump stock” which is a device that can be attached to a firearm to cause it to fire in rapid succession, and several pistols.
After the controlled buys, agents executed a federal search warrant at Crawford’s home. During the search, 379 firearms were found and examined, and approximately fifty firearms were seized. Two of the firearms were stolen, and another two firearms had obliterated serial numbers.
At the time of the illegal gun sales, Crawford owned and operated a bail bonding company in Bolivar County, Mississippi. Evidence presented at trial established that Crawford often met his future firearm customers through the bail bondsman business.
“The illegal sale of firearms often puts guns directly in the hands of criminals and others who are prohibited by law from legally possessing firearms,” noted Acting U.S. Attorney Clay Joyner. “We will continue to work with our local, state and federal law enforcement partners to aggressively prosecute those individuals who choose to fuel violent crime by trafficking firearms.”
“As we continue to combat violent crime with our law enforcement partners, it is imperative that we identify and disrupt the actors who illegally supply firearms for use in the commission of violent offenses against the public,” said Jermicha Fomby, Special Agent in Charge of FBI Jackson.
The FBI Jackson Field Office’s Oxford Resident Agency investigated the case with assistance from the Cleveland Police Department and ATF. The investigation resulted in the prosecution and conviction of 18 defendants.
Assistant U.S. Attorneys Sam Stringfellow and Philip Levy prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Federal charges filed against suspects in Gateway Arch grounds robberyRead the Press Release
ST. LOUIS – On September 16, 2021, federal charges were filed against Christopher Franklin and Kaniya Sloan. 19-year-old Christopher Franklin and 18-year-old Kaniya Sloan are accused of aiding and abetting a robbery on federal territorial jurisdiction and accessory after the fact of a robbery on federal territorial jurisdiction.
According to the charging documents, on September 13, 2021 at 7:34 p.m., Saint Louis Metropolitan Police Department (SLMPD) officers were dispatched for a report of an armed robbery. Officers interviewed a male and female victim, and learned that at approximately 7:30 p.m., the victims were on the grounds of the Gateway Arch. While on the Arch grounds, they were approached by a suspect who pointed a black handgun at them and demanded their property. The female victim complied with the demands of the suspect and handed over her purse. The male victim also complied with the demands of the suspect and handed over his iPhone and wallet.
SLMPD officers worked with the Federal Park Service to obtain and review surveillance footage from the area to identify the robber. Detectives followed up on several leads which resulted in the arrests of Sloan and Franklin along with a juvenile suspect on September 15, 2021, in the City of St. Louis.
Charges set forth are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the St. Louis Metropolitan Police Department and the Federal Park Service.
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Federal Court Permanently Enjoins Tax Return Preparers in LouisianaRead the Press Release
A federal court in the U.S. District Court for the Eastern District of Louisiana has permanently enjoined two New Orleans-area tax return preparers from preparing returns for others and from owning, operating, or franchising any tax return preparation business in the future.
The court entered judgment against Mario Alexander by default; defendant Leroi Jackson consented to entry of the injunction against him. The terms of the orders require that Alexander and Jackson, both individually and doing business as The Taxman Financial Services, send notices of the injunction to each person for whom they prepared federal tax returns and post the injunctions in places where they conduct business, including social media accounts and websites. The orders also provide that the United States may conduct post-judgment discovery to monitor compliance.
The civil complaint filed against Alexander and Jackson alleged that they prepared tax returns claiming fabricated business income and expenses, as well as claiming various false tax deductions and credits, including charitable contributions and education credits. It also alleged that defendants fabricated business income and/or expenses in order to increase claims for earned income tax credits. According to the complaint, Alexander and Jackson significantly underreported their customers’ tax liabilities, obtained fraudulent tax refunds, and charged exorbitant fees for their services, often without their customers’ knowledge.
Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Federal Court Permanently Enjoins Tax Return Preparers in LouisianaRead the Press Release
A federal court in the U.S. District Court for the Eastern District of Louisiana has permanently enjoined two New Orleans-area tax return preparers from preparing returns for others and from owning, operating, or franchising any tax return preparation business in the future.
The court entered judgment against Mario Alexander by default; defendant Leroi Jackson consented to entry of the injunction against him. The terms of the orders require that Alexander and Jackson, both individually and doing business as The Taxman Financial Services, send notices of the injunction to each person for whom they prepared federal tax returns and post the injunctions in places where they conduct business, including social media accounts and websites. The orders also provide that the United States may conduct post-judgment discovery to monitor compliance.
The civil complaint filed against Alexander and Jackson alleged that they prepared tax returns claiming fabricated business income and expenses, as well as claiming various false tax deductions and credits, including charitable contributions and education credits. It also alleged that defendants fabricated business income and/or expenses in order to increase claims for earned income tax credits. According to the complaint, Alexander and Jackson significantly underreported their customers’ tax liabilities, obtained fraudulent tax refunds, and charged exorbitant fees for their services, often without their customers’ knowledge.
Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a list of important reminders for taxpayers who are about to file their 2020 tax returns, including how to prepare for a smooth filing process.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Federal Court Enters Permanent Injunction Against Florida Compounding Pharmacy and its Owner to Prevent Distribution of Adulterated DrugsRead the Press Release
Tampa, FL – A federal judge today ordered a Weeki Wachee, Florida compounding pharmacy and its owner to stop distributing adulterated and unapproved new drugs in violation of the Food, Drug and Cosmetic Act (FDCA).
In a complaint filed in U.S. District Court for the Middle District of Florida on Sept. 9, the government alleged that Premier Pharmacy Labs Inc. and its owner, Vern A. Allen, failed to adequately address insanitary conditions and violations of current good manufacturing practice requirements at their drug compounding facility. For example, the complaint alleged that the defendants failed to conduct adequate investigations into discrepancies that may have had an impact on the quality and safety of their sterile drug products; failed to conduct sterility testing, endotoxin testing and visual checks for particles before releasing products; and failed to ensure that aseptic processing areas provided adequate conditions to prevent contamination of sterile products. The defendants agreed to a consent decree of permanent injunction that was filed with the complaint. The Department of Justice filed the case at the request of the U.S. Food and Drug Administration (FDA).
“Compounding pharmacies must follow applicable laws and regulations so that patients and doctors can rely on the safety of the drugs they produce,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue to work with FDA to enforce the FDCA’s critical public health provisions.”
“The quality and safety of compounded medications is vitally important to the residents of our district,” said Acting U.S. Attorney Karin Hoppmann of the Middle District of Florida. “This injunction will ensure that pharmacies comply with the requirements of law in manufacturing products regulated by the FDA.”
“Premier Pharmacy and its owner placed patients at significant risk. Outsourcing facilities must follow good manufacturing practice to ensure patients are not exposed to poor quality, potentially harmful drugs,” said Director Donald D. Ashley, J.D. of the Office of Compliance in the FDA’s Center for Drug Evaluation and Research. “We will continue to take appropriate enforcement actions to ensure that companies follow important safety requirements to avoid putting patients’ health at risk.”
Premier stopped manufacturing drugs following an FDA inspection in June 2019. Under the permanent injunction, Premier cannot resume operations unless and until it completes corrective actions to ensure that its drugs are manufactured in compliance with the FDCA. According to the complaint, Premier has stated that it does not intend to resume operations.
Premier previously received a warning letter after a 2014 FDA inspection found that the facility operated under insanitary conditions and violated current good manufacturing practice requirements. After a 2016 follow-up inspection and a related January 2018 regulatory meeting with FDA, the company recalled affected sterile injectable drugs in April 2018 due to a potential lack of sterility assurance. Premier recalled all unexpired drugs intended to be sterile in June 2019 following another FDA inspection.
The case was handled by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Randy Harwell from the U.S. Attorney’s Office for the Middle District of Florida and Associate Chief Counsel for Enforcement James Allred of the FDA’s Office of the Chief Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
Federal Court Enters Permanent Injunction Against Florida Compounding Pharmacy and its Owner to Prevent Distribution of Adulterated DrugsRead the Press Release
A federal judge today ordered a Weeki Wachee, Florida compounding pharmacy and its owner to stop distributing adulterated and unapproved new drugs in violation of the Food, Drug and Cosmetic Act (FDCA).
In a complaint filed in U.S. District Court for the Middle District of Florida on Sept. 9, the government alleged that Premier Pharmacy Labs Inc. and its owner, Vern A. Allen, failed to adequately address insanitary conditions and violations of current good manufacturing practice requirements at their drug compounding facility. For example, the complaint alleged that the defendants failed to conduct adequate investigations into discrepancies that may have had an impact on the quality and safety of their sterile drug products; failed to conduct sterility testing, endotoxin testing and visual checks for particles before releasing products; and failed to ensure that aseptic processing areas provided adequate conditions to prevent contamination of sterile products. The defendants agreed to a consent decree of permanent injunction that was filed with the complaint. The Department of Justice filed the case at the request of the U.S. Food and Drug Administration (FDA).
“Compounding pharmacies must follow applicable laws and regulations so that patients and doctors can rely on the safety of the drugs they produce,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue to work with FDA to enforce the FDCA’s critical public health provisions.”
“The quality and safety of compounded medications is vitally important to the residents of our district,” said Acting U.S. Attorney Karin Hoppmann of the Middle District of Florida. “This injunction will ensure that pharmacies comply with the requirements of law in manufacturing products regulated by the FDA.”
“Premier Pharmacy and its owner placed patients at significant risk. Outsourcing facilities must follow good manufacturing practice to ensure patients are not exposed to poor quality, potentially harmful drugs,” said Director Donald D. Ashley, J.D. of the Office of Compliance in the FDA’s Center for Drug Evaluation and Research. “We will continue to take appropriate enforcement actions to ensure that companies follow important safety requirements to avoid putting patients’ health at risk.”
Premier stopped manufacturing drugs following an FDA inspection in June 2019. Under the permanent injunction, Premier cannot resume operations unless and until it completes corrective actions to ensure that its drugs are manufactured in compliance with the FDCA. According to the complaint, Premier has stated that it does not intend to resume operations.
Premier previously received a warning letter after a 2014 FDA inspection found that the facility operated under insanitary conditions and violated current good manufacturing practice requirements. After a 2016 follow-up inspection and a related January 2018 regulatory meeting with FDA, the company recalled affected sterile injectable drugs in April 2018 due to a potential lack of sterility assurance. Premier recalled all unexpired drugs intended to be sterile in June 2019 following another FDA inspection.
The case was handled by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Randy Harwell from the U.S. Attorney’s Office for the Middle District of Florida and Associate Chief Counsel for Enforcement James Allred of the FDA’s Office of the Chief Counsel.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Middle District of Florida, visit its website at https://www.justice.gov/usao-mdfl.
Eastern District of Louisiana U.S. Attorney Duane A. Evans Reminds the Public to be Aware of Fraud when Disaster Strikes and Report it to the National Center for Disaster FraudRead the Press Release
NEW ORLEANS - The Department of Justice established the National Center for Disaster Fraud (NCDF) in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region, creating opportunities for criminal exploitation during this stressed time. The NCDF, a national coordinating agency within the Department of Justice, is designed to facilitate the detection, prevention, investigation, and prosecution of arising out of natural and man-made disasters. The NCDF operates a call center at Louisiana State University in Baton Rouge to process disaster fraud complaints, provide relevant information and advocate for victims of such fraud. More than 20 federal, state, and local agencies participate in the NCDF, thus enabling efficient complaint referrals to the appropriate agency.
Locally, Hurricane Ida caused severe damage to communities from Southeast Louisiana, through the Tennessee River Valley, and ultimately reached those along the Eastern Seaboard. With the inevitable occurrence of natural and man-made disasters and the devastation to lives and property they bring, criminals are poised to strike helpless victims at their most vulnerable and desperate.
Examples of criminality reported to the NCDF and law enforcement include:
- Impersonation of federal law enforcement officials
- Identity theft
- Fraudulent submission of claims to insurance companies and the federal government
- Fraudulent activity related to solicitations for donations and charitable giving
- Fraudulent activity related to individuals and organizations promising high investment returns from profits from recovery and cleanup efforts
- Price gouging
- Contractor Fraud
- Debris removal fraud; and
- Theft, looting, and other violent crime.
Members of the public must be wary and verify the legitimacy of anyone claiming to work on behalf of disaster victims. Exercise caution before providing personal identifying or financial information to anyone, in the wake of a disaster. Solicitations can originate from e-mails, websites, door-to-door collections, mailings and telephone calls, and similar methods.
If you suspect fraud, waste, abuse, or mismanagement involving disaster relief operations, or believe you have been the victim of fraud from any source soliciting relief funds on behalf of disaster victims, please contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by live operators 24 hours a day, seven days a week. Complaints may also be filed online at http://www.justice.gov/DisasterComplaintForm. Learn more about the NCDF at www.justice.gov/disaster-fraud. Tips for the public on how to avoid being victimized of fraud are at https://www.justice.gov/opa/pr/tips-avoiding-fraudulent-charitable-contribution-schemes.
Dudley Man Pleads Guilty to Theft and Misuse of COVID-19 Pandemic AssistanceRead the Press Release
BOSTON – A Dudley man pleaded guilty today in connection with his involvement in a scheme to fraudulently obtain and misuse COVID-19-related unemployment assistance.
Norman Higgs, 34, pleaded guilty to one count of wire fraud conspiracy. U.S. District Court Judge Patti B. Saris scheduled sentencing for Dec. 17, 2021. Higgs was charged in May 2021.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA). PUA, administered by the Massachusetts Department of Unemployment Assistance, provides unemployment insurance benefits for individuals who are not eligible for other types of unemployment benefits (e.g., the self-employed, independent contractors or gig economy workers).
From April to June 2020, Higgs conspired with others to submit fraudulent PUA claims using stolen identifying information of other individuals. The PUA payments were directed into bank accounts controlled by Higgs and others who used the funds for their personal benefit, including to pay off credit card debt and to fund digital currency and online retail brokerage accounts. In total, Higgs and others obtained over $450,000 in proceeds from over 85 fraudulent PUA claims using stolen identities.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, up to three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Nikitas Splagounias, Acting Special Agent in Charge of the U.S. Department of Labor, Office of Inspector General, Office of Investigations-Labor Racketeering and Fraud made the announcement. The Massachusetts Department of Unemployment Assistance provided assistance in the investigation. Assistant U.S. Attorney Christopher J. Markham of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Dubuque Man Who Sold Opioids that Caused Three Deaths Sentenced to 35 Years in Federal PrisonRead the Press Release
A man who sold three deadly doses of opioids in April and May of 2019 was sentenced today to 35 years in federal prison.
Travis Gordon Jones, age 40, from Dubuque, Iowa, received the prison term after a July 29, 2020 guilty plea to one count of conspiring to distribute controlled substances resulting in death.
At the plea hearing, Jones admitted that he conspired with others to distribute the opioids in Dubuque in April and May 2019. Jones also admitted that he personally sold mixtures of heroin, fentanyl, and a synthetic opioid called valeryl fentanyl that were used by three individuals who then died of overdoses. Court records reflect that the first victim died on April 24, 2019. A heroin customer of Jones’s met with Jones at a bar in Dubuque, after which Jones sold the customer approximately 1.25 grams of a substance that contained heroin, fentanyl, and valeryl fentanyl. The customer then provided the drugs to the first victim, who took them home, used some of them, and was found dead a few hours later.
The second victim died on May 20, 2019. Court records reflect that Julius Irvin was a regular customer of Jones’s, and that he regularly purchased heroin from Jones for himself and others. On May 19, 2019, Jones sold Irvin some heroin laced with fentanyl and valeryl fentanyl, which Irvin was going to provide to one of his customers. The customer took some of the substance to a local women’s shelter in Dubuque, where she had been staying. She used the substance, overdosed, and was found dead by shelter staff the next morning.
The third victim died on May 27, 2019. Evidence at prior hearings showed that Jackie Birch drove her boyfriend, Mateusz Syryjczyk, and the third victim to Jones’s home in Dubuque during the early morning of May 27, 2019. Birch and the third victim went into the home, where they purchased what was purported to be heroin from Jones. The three then drove to a hotel in Dubuque, where they all used the purported heroin. The third victim began to overdose in the room. Birch and Syryjczyk did not immediately call 911, but, over the course of multiple hours, Birch would occasionally perform CPR on the third victim to restore some breathing function, though the victim never regained consciousness. Eventually, Birch and Syryjczyk decided they needed to call 911, and Syryjczyk took the remaining drug paraphernalia from the room to prevent law enforcement from finding it. The third victim never recovered.
Birch was previously sentenced to 48 months’ imprisonment after her guilty plea to aiding and abetting the distribution of a controlled substance. Syryjczyk was sentenced to 21 months’ imprisonment after his guilty plea to misprision of a felony. Irvin was sentenced to 183 months’ imprisonment after his guilty plea to distribution of a controlled substance resulting in death.
Jones was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Jones was sentenced to 420 months’ imprisonment. He was ordered to make $21,044.60 in restitution to the victims. He must also serve a six‑year term of supervised release after the prison term. There is no parole in the federal system.
Jones is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Dubuque Drug Task Force and Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; and the Iowa Division of Narcotics Enforcement and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-CR-1041-CJW-MAR.
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Driver for three arrested in illegal Canada border crossing sentencedRead the Press Release
MISSOULA -- A Washington, D.C., man who admitted to picking up three individuals who had crossed illegally into Montana from Canada and to leading law enforcement on a 76-mile car chase that ended near Whitefish was sentenced today, Acting U.S. Attorney Leif M. Johnson said.
Rastesfaye Alpha Neil, 40, pleaded guilty on April 21 to transportation of illegal aliens.
U.S. District Judge Donald W. Molloy presided.
Neil faced a possible sentence of five years in prison, a $250,00 fine and three years of supervised release. The government requested a sentence at the high end of the guideline range of 18 months to 24 months. The court sentenced Neil to time served of 238 days in custody and to three years of supervised release.
The government alleged in court records that Neil knowingly transported Christopher White, a Jamaica citizen; Naseem Ali Mohammed, a Somalia national and Canadian legal permanent resident; and Afrah Ahmed Abdi, a United States legal permanent resident and Somalia national; to help them remain illegally in the United States. All three were wanted by various Canadian law enforcement agencies.
The government alleged that on Jan. 23, the Spokane Sector Border Patrol responded to the West Kootenai area near Eureka for a report that three persons with backpacks and wearing dark clothing were entering the United States illegally. Agents attempted a traffic stop of a southbound Nissan Sentra. While the Nissan initially yielded, it ultimately sped away as agents approached on foot. The Nissan led law enforcement agencies on a 76-mile chase in which speeds reached 120 mph to 130 mph. The pursuit ended about one mile north of Whitefish when law enforcement successfully spiked the Nissan’s tires. Law enforcement identified Neil as the driver and White, Mohammed and Abdi as passengers who had illegally entered the United States. One of the illegal border crossers had been in contact with Neil, rental car companies and travel agencies. Neil had flown to Kalispell on Jan. 22.
White was sentenced to two years in prison for conviction of illegal reentry of a deported or removed alien. Abdi was extradited to Canada, while Mohammed is a fugitive.
The Border Patrol, Flathead County Sheriff’s Office, Lincoln County Sheriff’s Office, Eureka Police Department, Whitefish Police Department and Montana Highway Patrol investigated the case.
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Doctor Licensed in the District of Columbia and Virginia Charged with Unlawful Distribution of Controlled SubstancesRead the Press Release
WASHINGTON – A criminal complaint was unsealed this week in the District of Columbia charging a doctor with unlawful distribution of a controlled substance outside the scope of his professional practice. As detailed in court documents, the case relates to defendant Dr. Robert M. Cao prescribing various narcotic pain medications in the months and days leading up to a man’s May 31, 2021 overdose death.
The announcement was made by Acting U.S. Attorney Channing D. Phillips and Special Agent in Charge of the FBI Washington Field Office Criminal Division Wayne A. Jacobs.
Cao, 38, of Falls Church, Va., was arrested on Sept. 14 and made his initial appearance the following day before Magistrate Judge Zia M. Faruqui in the U.S. District Court for the District of Columbia. His next hearing is scheduled for Oct. 28, 2021. The charge carries a statutory maximum of 20 years in prison and potential financial penalties.
Cao’s arrest is part of a nationwide initiative targeting health care fraud. The Department of Justice announced today that criminal charges have been filed against 138 defendants, including 42 doctors, nurses, and other licensed medical professionals, in 31 federal districts across the United States for their alleged participation in various healthcare fraud schemes that resulted in approximately $1.4 billion in alleged losses.
Nationwide, the charges target approximately $1.1 billion in fraud committed using telemedicine (the use of telecommunications technology to provide health care services remotely), $29 million in COVID-19 health care fraud, $133 million connected to substance abuse treatment facilities, or “sober homes,” and $160 million connected to other health care fraud and illegal opioid distribution schemes across the country.
“This nationwide enforcement action demonstrates that the Criminal Division is at the forefront of the fight against health care fraud and opioid abuse by prosecuting those who have exploited health care benefit programs and their patients for personal gain,” said Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division. “The charges announced today send a clear deterrent message and should leave no doubt about the department’s ongoing commitment to ensuring the safety of patients and the integrity of health care benefit programs, even amid a continued pandemic.”
“Health care fraud and opioid abuse have imposed enormous economic consequences and caused thousands of tragic deaths nationwide,” said Acting U.S. Attorney Phillips. “As today’s announcement shows, we are committed to using the full extent of the law to protect the public from those who illegally sell and prescribe opioids and other dangerous drugs as well as those who carry out schemes to defraud the public health system of taxpayer dollars.”
“Physicians are entrusted to care for our citizens and prescribe necessary medications in legitimate doctor-patient relationships,” said Special Agent in Charge Jacobs of the FBI Washington Field Office's Criminal Division. “The FBI and our partners will continue to investigate and stop those medical professionals who provide illegal prescriptions and distribute controlled substance medications that fuel the opioid epidemic in our country. Not only are these actions criminal, but as we have seen all too often – they have deadly consequences.”
According to court documents, Cao is a physician who is licensed to practice medicine in the District of Columbia and Virginia. Between in or around at least Jan. 9, 2021, and continuing through in or around May 30, 2021, the documents allege, Cao knowingly and intentionally wrote a man identified in court documents as “V.C.” at least five prescriptions for oxycodone and hydrocodone, Schedule II controlled substances with a high potential for abuse.
On May 31, 2021, first responders were dispatched to a Fairfax, Va. residence in response to a 911 call for assistance regarding “V.C.,” after his girlfriend found him cold and non-responsive. He was pronounced deceased under suspicious circumstances.
A subsequent autopsy report documented the cause of death as acute combined oxycodone and ethanol poisoning. On the nightstand next to where “V.C.” was found were prescription bottles, including one containing Percocet (a brand name of the narcotic analgesic oxycodone/acetaminophen) pills filled on May 23, 2021. Cao was the prescribing doctor listed on the bottle.
Court filings also detail text message exchanges between Cao and “V.C.”, including discussions about Cao prescribing narcotic pain medications to “V.C.”; “V.C.” agreeing to give Cao a kickback on some of those pills; and meetings between the two, including a meeting in a parking lot on the night before the man’s death.
The charges in criminal complaints are merely allegations and every defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted of any offense, a defendant’s sentence will be determined by the court based on the advisory U.S. Sentencing Guidelines and other statutory factors.
The case is being prosecuted by Assistant U.S. Attorney Anne P. McNamara of the U.S. Attorney’s Office for the District of Columbia. The investigation into this matter was conducted by the FBI’s Washington Field Office in partnership with the Fairfax County, Va. Police Department.
Nationally, the cases announced today involving the illegal prescription and/or distribution of opioids involve a total of 19 defendants, including several charges against medical professionals and others who prescribed over 12 million doses of opioids and other prescription narcotics, while submitting over $14 million in false billings.
Prior to the charges announced as part of today’s nationwide enforcement action and since its inception in March 2007, the Health Care Fraud Strike Force, which maintains 15 strike forces operating in 24 districts, has charged more than 4,600 defendants who have collectively billed the Medicare program for approximately $23 billion. In addition to the criminal actions announced today, CMS, working in conjunction with HHS-OIG, announced 28 administrative actions to decrease the presence of fraudulent providers.
The national announcement can be found at this link:
https://www.justice.gov/opa/pr/national-health-care-fraud-enforcement-action-results-charges-involving-over-14-billion
To view Assistant Attorney General Polite’s remarks:
https://www.justice.gov/opa/video/assistant-attorney-general-kenneth-polite-jr-delivers-remarks-health-care-enforcement.
District Man Pleads Guilty to Sexually Abusing Two Women in Separate Incidents in Northwest WashingtonRead the Press Release
WASHINGTON – Michael Hilliard, 62, formerly of Washington, D.C, pleaded guilty today to sexually abusing two women, both of whom were strangers to him, announced Acting U.S. Attorney Channing D. Phillips.
Hilliard pleaded guilty to two counts of misdemeanor sex abuse. He faces a statutory maximum of 360 days of incarceration – 180 days for each conviction. Additionally, as part of the plea agreement, he agreed to register as a sex offender for the next 10 years. Hilliard will be sentenced on Nov. 17, 2021, by the Honorable Jonathan H. Pittman in the Superior Court of the District of Columbia.
According to the government’s evidence, in the first offense, on May 21, 2021, at about 11:25 a.m., Hilliard approached the victim as she walked toward the PNC Bank at the corner of 14th and P Streets NW. He made verbal sexual advances toward the victim, who ignored him as he proceeded to follow her. The victim later left the bank and entered her vehicle. As she waited at the traffic light on the corner of 14th and P Streets, Hilliard approached the driver’s side of her vehicle, reached into the open window, and grabbed her breast.
In the second offense, on July 10, 2021, at about 2:05 p.m., Hilliard approached another victim during her shift at a convenience store located near Thomas Circle NW and told her that he was hungry. As the victim went to prepare a sandwich for him, he reached behind her and grabbed her buttocks. When the victim turned around, Hilliard reached between her legs and grabbed her vaginal area.
Following these guilty pleas, Hilliard now has 24 misdemeanor sexual abuse convictions since 1999. Hilliard was arrested in these cases on July 12, 2021 and has since been detained.
In announcing the pleas, Acting U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Veronica Vaughan and Lezlie Richardson of the Victim/Witness Assistance Unit. Finally, he commended the work of Assistant U.S. Attorney Sandra R. Braschi, who prosecuted both cases.
Des Moines Kum & Go Shooter Sentenced to Ten Years in Federal PrisonRead the Press Release
DES MOINES –On September 10, 2021, United States District Court Judge Rebecca Goodgame Ebinger sentenced Ceeron Tearrence Williams, age 29, formerly of Des Moines, to 120 months in prison for felon in possession of ammunition, announced Acting United States Attorney Richard D. Westphal. Williams was ordered to serve three years of supervised release to follow his prison term. Ten years in prison is the maximum term allowed by law for this conviction.
According to court documents and evidence presented at the three-day federal trial held in May, shortly after 4 a.m. on January 21, 2018, Williams fired nine gunshots from a pistol while he and a group of individuals were standing near the storefront of a Des Moines Kum & Go store. Williams struck his intended victim with seven of his gunshots, including in the abdomen and hips. Williams fled the shooting scene with his pistol. The victim survived.
Williams was indicted in federal court in February 2021 for possessing ammunition on the date of the shooting, having been previously convicted of a felony. The federal indictment followed a prosecution by the Polk County Attorney’s Office where Williams was charged with Attempted Murder, Intimidation with a Dangerous Weapon with Intent, and related state charges. In September 2020, a Polk County jury acquitted Williams of Attempted Murder but convicted him of several less severe charges.
Williams has an undischarged term to serve on the state convictions. The federal sentence was ordered to run consecutive—that is one after the other—to Williams’ undischarged state term of prison. There is no parole in the federal criminal justice system.
“We applaud the work of our local partners at the Polk Count Attorney’s Office in pursuing justice for the victim in this case. Our office will continue to invest federal resources when necessary to ensure violent criminals face sufficient punishment for their crimes and to protect the community. Persons who commit brazen gun violence in our community should know that the U.S. Attorney’s Office will pursue them,” said Acting United States Attorney Westphal.
The investigation was conducted by the Des Moines Police Department, assisted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the FBI Safe Streets Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of Project Safe Neighborhood, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
Convicted Murderer Jeffrey MacDonald’s Appeal Dismissed and Consecutive Life Sentences Remain IntactRead the Press Release
RALEIGH, N.C. – The United States Court of Appeals for the Fourth Circuit issued an order on Thursday, September 16 dismissing an appeal filed by convicted murderer Jeffrey MacDonald. As a result, MacDonald will continue to serve out the three consecutive life sentences he received for murdering his wife and two young daughters at Fort Bragg, North Carolina in 1970.
MacDonald has filed numerous unsuccessful challenges to his murder convictions, which have been repeatedly rejected by federal courts at every level. MacDonald’s latest appeal stemmed from a motion he filed in November 2020 requesting that the Court grant him “compassionate release” and reduce his life sentences. The United States vigorously opposed the motion in briefing and at a hearing held on March 11, 2021, arguing that MacDonald was not eligible for compassionate release and should not be let out of prison early.
On April 9, 2021, United States District Court Judge Terrence W. Boyle denied MacDonald’s motion. MacDonald initially appealed that decision. The Fourth Circuit Court of Appeals has now dismissed the appeal upon MacDonald’s request and with the United States’ consent. As a result, Judge Boyle’s order will stand, and MacDonald will remain in prison.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina, made the announcement after the Court of Appeals issued its order dismissing the appeal. “Jeffrey MacDonald did the unthinkable more than fifty years ago when he murdered his pregnant wife and two daughters in brutal fashion,” said Acting U.S. Attorney Acker. “MacDonald’s latest effort to get out of prison has failed just like his previous efforts failed. But today, as always, our minds turn to Colette, Kimberly, and little Kristen, and to the family and friends whose lives were devastated by their untimely deaths. Our office has sought justice on their behalf for decades. That work continues today. And that work will continue every day until MacDonald’s efforts to escape justice cease for good.”
The United States is represented in this matter by Assistant U.S. Attorneys John E. Harris and Bryan M. Stephany.
Columbus man charged with threatening local reproductive health services facilityRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged a Columbus man with threatening a reproductive health services facility.
Carlos Manuel Rodriguez Brime, 25, was arrested yesterday. He is scheduled for arraignment on Sept. 23. Brime allegedly made two separate telephone threats on April 11 to a local reproductive health care clinic in which he made a death threat and a bomb threat.
Specifically, Brime is charged with violating the Freedom of Access to Clinic Entrances (FACE) Act, which makes it a federal crime to threaten the use of force to intimidate anyone receiving or providing reproductive health services. Brime is also charged with making threatening statements through interstate communications and with making a bomb threat.
If convicted of the offenses, Brime faces up to 10 years in prison, three years of supervised release and a fine of up to $250,000.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Kristen Clarke, Assistant Attorney General for the Civil Rights Division of the Department of Justice; J. William Rivers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division; and Columbus Police Chief Elaine Bryant announced the charges. Assistant United States Attorney Emily Czerniejewski and Civil Rights Division Trial Attorney Sanjay Patel are representing the United States in this case.
An indictment is merely an allegation, and defendants are presumed innocent unless proven guilty in a court of law.
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Columbia Man Sentenced to 18 months in Federal Prison for Gun ChargeRead the Press Release
Columbia, South Carolina --- Acting United States Attorney M. Rhett DeHart announced that Willie Franklin Evans, 59, of Columbia, was sentenced to 18 months in federal prison, after earlier pleading guilty to being a felon in possession of a firearm and ammunition.
Evidence presented in court showed that on the evening of August 17, 2020, an officer with the Columbia Police Department recovered a loaded stolen firearm in Evans’ waistband after encountering him in a stopped vehicle on Assembly Street. Evans, who had been released from a three-year term of federal supervision nine days earlier, admitted that he had obtained the firearm a few months or so before.
Evans is a felon and prohibited from possessing firearms and ammunition under federal law based upon prior state and federal convictions. After escaping from juvenile custody in 1979, Evans was convicted in state court of armed robbery, assault and battery with intent to kill for shooting a Richland County Sheriff’s Department deputy five times, carrying a concealed weapon, and grand larceny of a vehicle. He was sentenced to a total of 25 years. After being released in 1993, Evans was convicted in federal court in 1996 of two separate counts of using and carrying a firearm during and in relation to a crime of violence stemming from the armed robbery of two businesses in 1995. He was sentenced to 300 months imprisonment followed by 3 years of supervised release. Evans was released to federal supervision in 2017 and completed it in early August 2020, nine days before the instant offense.
Senior United States District Judge Joseph F. Anderson, Jr. sentenced Evans to the guidelines sentence of 18 months imprisonment on the firearm charge with 3 years of supervision to follow. There is no parole in the federal system.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Columbia Police Department and prosecuted by Assistant United States Attorney Stacey D. Haynes.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
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Colonie Man Charged with Human Trafficking OffensesRead the Press Release
ALBANY, NEW YORK – A grand jury yesterday returned a superseding indictment charging Christopher Thomas, age 38, of Colonie, New York, with crimes related to the sex trafficking of children and adults.
The announcement was made by Acting United States Attorney Antoinette T. Bacon, Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and New York State Police Superintendent Kevin Bruen.
The indictment charges Thomas with conspiracy to commit sex trafficking of children, sex trafficking of a child, transportation of minors with intent to engage in criminal sexual activity, conspiracy to transport an individual to engage in prostitution, and coercion and enticement.
Thomas is alleged to have recruited girls and women to engage in commercial sex at his direction and then provide him with the proceeds. Thomas is alleged to have used a website to advertise the girls and women for commercial sex in the Capital Region, Massachusetts, and elsewhere.
The charges in the superseding indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Thomas has been in custody since his arrest on May 12, 2020.
If convicted of all offenses, Thomas faces at least 10 years and up to life in prison. 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 is being investigated by the FBI Child Exploitation and Human Trafficking Task Force, and the New York State Police Troop G Bureau of Criminal Investigation and Internet Crimes Against Children Task Force, with assistance from the Colonie Police Department, Vermont State Police, Burlington, Vermont Police Department, Albany Police Department, Albany County Sheriff’s Office, Town of Bethlehem Police Department, Capital Region Crime Analysis Center, and the New York State Intelligence Center. The case is being prosecuted by Assistant U.S. Attorneys Shira Hoffman and Katherine Kopita.
California Man Pleads Guilty to 113-Count Federal Hate Crime Indictment for 2019 Poway Synagogue Shooting and Mosque ArsonRead the Press Release
John T. Earnest, 22, pleaded guilty in federal court to a 113-count indictment for the religiously- and racially-motivated murder of one person and the attempted murders of 53 other persons.
According to court documents, after several weeks of planning, on the morning of April 27, 2019, Earnest drove to the Chabad of Poway synagogue, where members of the congregation were gathered for religious worship. Earnest entered the building armed with a Smith and Wesson M&P 15 assault rifle that was fully loaded with a 10-round magazine. He wore a chest rig which contained five additional magazines, each loaded with 10 rounds of ammunition. Earnest opened fire, killing one person and injuring three other members of the congregation, including a then eight-year-old child. After Earnest emptied his initial magazine, several congregants rushed at Earnest. Earnest fled in his car and, shortly after, called 911 and confessed that he had “just shot up a synagogue.” Earnest was apprehended by local law enforcement who found the rifle and additional ammunition in his car.
“The defendant entered a synagogue with the intent to kill all those inside because of his hatred for Jewish people, and days earlier used fire in an attempt to destroy another sacred house of worship because of his hatred for Muslims,” said Deputy Attorney General Lisa Monaco. “There is no place in American society for this type of hate-fueled violence. The Department of Justice will enforce hate crimes and anti-discrimination laws to the fullest extent of the law and will hold perpetrators accountable for these crimes, which inflict harm not only on individual victims, but on entire communities.”
“This nation stands with Lori Gilbert Kaye’s family and the survivors of these unspeakable acts of terror,” said Acting U.S. Attorney Randy S. Grossman for the Southern District of California. “We emphatically reject the defendant’s hate, racism and prejudice, and we hope the conclusion of this case brings some measure of comfort to all those affected by his heinous crimes.”
“We continue to keep Lori Gilbert Kaye, the loved ones she left behind, and all those affected by the senseless acts of terror committed in 2019 in our thoughts,” said FBI Director Christopher A. Wray. “Violence motivated by racism and hate is reprehensible and must be vigorously pursued. The FBI is committed to ensuring that those responsible for hate crimes and all forms of violent extremism are brought to justice.”
“The tragic shooting at Poway Synagogue was shocking for our community,” said Special Agent in Charge Monique Villegas of the ATF Los Angeles Field Division. “Our condolences go out to the victims and their families who were affected by this horrific act. ATF remains committed to bringing individuals responsible for such acts to justice to ensure everyone can worship safely.”
Earnest also admitted that on March 24, 2019, he attempted to set fire to the Dar-ul-Arqam mosque in Escondido, California, because of his hatred of Muslims and the religious character of the building. Seven missionaries were asleep in the mosque, but no one was injured.
The case is being prosecuted by Assistant U.S. Attorneys Shane Harrigan and Peter Ko, along with Deputy Chief Rose Gibson of the Civil Rights Division. The FBI, ATF and San Diego Sheriff’s Office conducted the investigation.
According to the terms of the plea agreement, the United States and Earnest will jointly recommend a sentence of life in prison followed by 30 years of imprisonment. Sentencing has been scheduled for Dec. 28.
Caldwell Man Sentenced to over 24 Years in Prison for Producing Child PornographyRead the Press Release
BOISE – Conrad James Hull, 30, was sentenced to 292 months in federal prison for sexual exploitation of a child, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Senior U.S. District Judge B. Lynn Winmill also ordered Hull to serve 25 years of supervised release following his prison sentence. As a result of his conviction, Hull will be required to register as a sex offender. Hull pleaded guilty to the charges on June 28, 2021.
According to court records, in October 2020, the Idaho Internet Crimes Against Children (ICAC) Task Force received a Cybertip from Kik Messenger. According to the Cybertip, child pornography had been uploaded to a Kik account that was later identified as belonging to Hull.
A state magistrate judge issued a search warrant for Hull’s residence in Caldwell. Law enforcement executed the search warrant and seized a cellphone belonging to Hull. A forensic examination of the cellphone revealed several files of child pornography, including files depicting a 5-year-old child and a 7-year-old child that Hull admitted producing. Hull told law enforcement that he used his cellphone to take explicit images of the two children so that he would have more files to trade on Kik. Hull admitted to distributing the images of the two children to obtain additional files of child pornography.
Acting U.S. Attorney Gonzalez commended the cooperative efforts of the ICAC Task Force, Caldwell Police Department, and the Canyon County Prosecutor’s Office, which led to charges.
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. As part of Project Safe Childhood, the U.S. Attorney’s Office for the District of Idaho and the Idaho Attorney General’s Office partner to marshal 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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Bridgeport Teen Pleads Guilty to Racketeering Charge, Admits 2 Gang-Related ShootingsRead the Press Release
JACQUON BENEJAN, also known as “Blick,” 19, of Bridgeport, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to a racketeering offense stemming from his participation in two gang-related shootings.
Today’s announcement was made by Leonard C Boyle, Acting United States Attorney for the District of Connecticut; Joseph T. Corradino, State’s Attorney for the Fairfield Judicial District; Bridgeport Acting Police Chief Rebeca Garcia; James Ferguson, Special Agent in Charge, ATF Boston Field Division; David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration for New England, and Acting U.S. Marshal Lawrence Bobnick.
According to court documents and statements made in court, the FBI, ATF, DEA, U.S. Marshals Service and Bridgeport Police have been investigating multiple Bridgeport-based gangs whose members are involved in narcotics trafficking, murder and other acts of violence. Benejan has been a member of the “Greene Homes Boyz” (“GHB/Hotz”), a gang based in the Charles F. Greene Homes Housing Complex in Bridgeport’s North End, whose members and associates distributed heroin, crack cocaine, marijuana and Percocet pills; committed numerous acts of violence against rival gang members and other individuals, and celebrated their criminal conduct on social media websites such as Facebook and YouTube. GHB/Hotz members and associates also committed acts of intimidation and made threats to deter potential witnesses to their crimes and to protect gang members and associates from detection and prosecution by law enforcement authorities. Since approximately 2017, GHB/Hotz members have been aligned with members of the “Original North End” (“O.N.E.”), a gang based in the Trumbull Gardens area of Bridgeport, against rival groups in Bridgeport, including the East End, East Side and PT Barnum gangs, as well as 150, which is a geographic gang based on the West Side of Bridgeport.
In pleading guilty, Benejan admitted that on February 7, 2018, he and an associate shot and attempted to kill “MJ,” a member or associate of the 150 gang; and on October 4, 2018, he and an associate shot and attempted to kill “MS,” a member or associate of the East End gang, inside the Greene Homes housing complex.
Benejan also appears in YouTube videos and in social media posts, where firearms are present, promoting the gang,
Law enforcement also made controlled purchases of narcotics from Benejan. On March 13, 2020, a court-authorized search of Benejan’s residence revealed two firearms and crack cocaine.
Benejan pleaded guilty to one count of conspiracy to engage in a pattern of racketeering activity, an offense that carries a maximum term of imprisonment of 20 years. Judge Arterton scheduled sentencing for December 10, 2021, at which time Benejan faces a maximum term of imprisonment of 20 years.
Benejan has been detained since February 19, 2021.
This ongoing investigation is being conducted by ATF, the FBI’s Safe Streets and Violent Crimes Task Forces, DEA, U.S. Marshals Service, Bridgeport Police Department, Connecticut State Police and the Bridgeport State’s Attorney’s Office, with the assistance of the U.S. Postal Inspection Service, Connecticut Forensic Science Laboratory and the Naugatuck Police Department. The case is being prosecuted by Assistant U.S. Attorneys, Jocelyn C. Kaoutzanis, Rahul Kale, Peter D. Markle, Karen L. Peck and Stephanie T. Levick.
This prosecution is a part of the Justice’s Department’s Project Safe Neighborhoods (PSN), Project Longevity and Organized Crime Drug Enforcement Task Forces (OCDETF) programs.
PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Project Longevity is a comprehensive initiative to reduce gun violence in Connecticut’s major cities. Through Project Longevity, community members and law enforcement directly engage with members of groups that are prone to commit violence and deliver a community message against violence, a law enforcement message about the consequences of further violence and an offer of help for those who want it.
OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Boise Man Sentenced to 25 Years in Prison for Sexual Exploitation of a ChildRead the Press Release
BOISE – Adrian Ray Dealy, 43, was sentenced to 300 months in federal prison for sexual exploitation of a child, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced today. Senior U.S. District Judge B. Lynn Winmill also ordered Dealy to serve ten years of supervised release following his prison sentence. Dealy pleaded guilty to the charges on May 11, 2021.
According to court records, Dealy has a previous federal conviction for possession of sexually explicit images of minors. When Dealy was released from federal prison in 2013, he began serving a term of supervised release under the supervision of the U.S. Probation Office. As part of his supervision terms, Dealy’s cellphone was equipped with software that monitored his cellphone activity.
In February 2020, Dealy’s probation officer learned he was using his cellphone to communicate with minors using a livestream video application. The probation officer referred the investigation to a special agent with Homeland Security Investigations (HSI). In reviewing information that had been created by the monitoring software on Dealy’s cellphone, the HSI special agent located evidence that Dealy had communicated, or attempted to communicate, with seven minor children and asked them to send him explicit images of themselves or undress for the camera.
Judge Winmill also ordered Dealy to forfeit the cellphone that was used to commit the offense. As a result of the conviction, Dealy will be required to register as a sex offender.
Acting U.S. Attorney Gonzalez commended the cooperative efforts of Homeland Security Investigations and the U.S. Probation Office, which led to charges.
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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Auburn Man Sentenced for Tax FraudRead the Press Release
BOSTON – An Auburn man was sentenced today in federal court in Worcester for filing a false personal tax return.
Stephen Hubley, 64, was sentenced by U.S. District Court Judge Timothy S. Hillman to one year and one day in prison. Hubley was also ordered to pay restitution of $630,318. On May 27, 2021, Hubley pleaded guilty to one count of filing a false and fraudulent tax return.
Hubley admitted that he failed to report several hundreds of thousands of dollars in income on his 2019 personal tax return. Specifically, between 2016 and 2019, Hubley failed to report approximately $2.3 million in income from his personal tax returns, resulting in underpayment of taxes by $630,318. Hubley did so by conducting transactions that evaded the filing of currency transaction reports with the government. Currency transaction reports are required of financial institutions for cash transactions of greater than $10,000.
Acting United States Attorney Nathaniel R. Mendell and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston, made the announcement. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Criminal Division prosecuted the case.
Arkansas Man Sentenced to 9 Years in Federal Prison for Drugs and Firearm SalesRead the Press Release
FAYETTEVILLE – A Marvell man was sentenced today to 108 months in prison followed by three years of supervised release on one count of Distribution of a Controlled Substance Cocaine and one count of Use and Carry of a Firearm During and in Relation to a Drug Trafficking Offense. The Honorable Judge Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court documents, On February 26, 2020, detectives with the Fourth Judicial District Drug Task Force (DTF) conducted a controlled purchase of cocaine, as well as a firearm, from Katestrant Barefield, 33, in Washington County Arkansas.
Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas made the announcement.
The Fourth Judicial District Drug Task Force investigated the case.
Assistant U.S. Attorney David Harris prosecuted the case.
This case was prosecuted as part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Alexandria Man Sentenced to Federal Prison for Illegal Possession of Marijuana and a FirearmRead the Press Release
ALEXANDRIA, La. - Acting United States Attorney Alexander C. Van Hook announced that Terrance Ray Goff, 29, of Alexandria, Louisiana, was sentenced today by United States District Judge Dee D. Drell to 66 months in prison, followed by 3 years of supervised release, for possession with intent to distribute marijuana and possession of a firearm in furtherance of drug trafficking.
According to information introduced in court, on August 22, 2019, a Louisiana State Police Trooper conducted a traffic stop of a vehicle driven by Goff. Troopers were given consent to search the vehicle and found a backpack on the front passenger seat which contained a loaded pistol, 116 grams of marijuana and a digital scale. Goff had previously been convicted for felon in possession of a firearm in Rapides Parish and was on parole for that offense at the time he was arrested on these charges.
Goff has a lengthy criminal history including two felony convictions for simple burglary in 2011, as well as felony convictions in 2015 and 2016 for felon in possession of a firearm and introduction of electronic device into a correctional center.
The ATF and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Brandon B. Brown prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
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12 Tribes Selected for Participation in Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
Grand Traverse Band Selected to Join Program to Improve the Exchange of Critical Data for Public Safety
GRAND RAPIDS, MICHIGAN – The Department of Justice has selected an additional 12 federally recognized tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides tribal governments with means to access, enter, and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division and the states.
“Timely access to federal criminal information can help protect domestic violence victims, place foster children in safe conditions, solve crimes, and apprehend fugitives on tribal land, among other important uses,” said Deputy Attorney General Lisa O. Monaco. “Increasing tribal access to criminal databases is a priority of the Justice Department and this Administration, and essential to many tribal government efforts to strengthen public safety in their communities.”
“Effective information sharing is a critical component to keeping tribal communities safe,” stated U.S. Attorney Andrew Byerly Birge. “We are delighted that our law enforcement partners at the Grand Traverse Band will now have access to this important tool.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots, and submit information to FBI Criminal Justice Information Services (CJIS) systems. With these additional tribes, there are now 108 federally recognized Tribes participating in TAP.
TAP has been an important resource for the department’s Missing and Murdered Indigenous Persons Initiative and the Presidential Task Force on Missing and Murdered American Indians and Alaska Natives known as Operation Lady Justice. The Department of Justice began TAP in 2015 in response to concerns raised by tribal leaders about the need to have direct access to federal systems.
Using TAP, tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following tribes have been newly selected for participation in TAP:
1. Confederated Tribes of the Warm Springs Reservation
2. Cow Creek Band of Umpqua
3. Fort Belknap Indian Community
4. Grand Traverse Band of Ottawa and Chippewa
5. Havasupai Tribe
6. Lower Brule Sioux Tribe
7. Menominee Tribe
8. Mille Lacs Band of Ojibwe
9. Muckleshoot Tribe
10. Passamaquoddy Tribe
11. Shingle Springs Band of Miwok
12. United Keetoowah Band of Cherokee
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.
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16 September 2021
Wood County Man Sentenced to 15 Years in Prison for Possession of Methamphetamine and Multiple FirearmsRead the Press Release
CHARLESTON, W.Va. – A Wood County man found last year to be in possession of methamphetamine and multiple firearms, including a machine gun, was sentenced today to 15 years in prison for drug and gun crimes.
According to court documents and statements made in court, a search warrant was executed at the Vienna residence of Evan Rockwell McEwuen, 25, on August 5, 2020. McEwuen was located in the residence at the time of the search and law enforcement officers found 149 grams of methamphetamine, over $14,000 in United States currency, plastic baggies, digital scales and four firearms in the room where McEwuen was located. One firearm was loaded and was equipped with a device designed to convert the firearm into a machine gun. A subsequent inspection confirmed that the firearm was successfully converted into a machine gun and was capable of fully automatic fire. Officers also found approximately 143 grams of additional methamphetamine along with a sawed-off shotgun, plastic baggies and digital scales in a truck and construction trailer parked outside of McEwuen’s residence. In total, officers located over 2000 rounds of ammunition during the execution of the search warrant. McEwuen admitted to possessing all the evidence seized by law enforcement and that he intended to distribute the methamphetamine to others. McEwuen was not legally permitted to possess firearms due to a 2016 felony conviction in the Circuit Court of Wood County for possession of a controlled substance with intent to deliver. McEwuen pleaded guilty to possession with intent to distribute methamphetamine and possession of firearms by a felon in May 2021.
Acting United States Attorney Lisa G. Johnston commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Vienna Police Department, the Parkersburg Police Department, the Parkersburg Violent Crimes and Narcotics Task Force and the United States Marshals Service (USMS).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorneys Jeremy B. Wolfe and Joshua C. Hanks 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. 2:20-cr-00166.
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Washington County man charged with crimes related to bringing minor across state lines to engage in sex actsRead the Press Release
COLUMBUS, Ohio – A Lower Salem, Ohio, man was arrested today on federal charges that he produced child pornography and brought a West Virginian minor to his cabin in Washington County to engage in illicit sex acts.
James A. Sabolick, 56, appeared in federal court in Columbus this afternoon.
According to court documents, Marietta police officers conducted a traffic stop of a vehicle that Sabolick was driving on July 24, 2021. It is alleged that Sabolick was attempting to conceal a person in his vehicle during that traffic stop when he initially indicated to law enforcement that he was alone. Officers then discovered a minor in the back seat of Sabolick’s vehicle.
An affidavit filed in support of the criminal complaint details that Sabolick allegedly drove the minor from West Virginia to a cabin near his residence in Washington County, Ohio, for the purpose of engaging in illicit sexual conduct.
Further investigation conducted by the Southeastern Ohio Human Trafficking Task Force at the Washington County Sheriff’s Office alleges Sabolick engaged in various sex acts with the minor. Those included acts involving abuse such as needle pokes, lighter burns, restraints, strangulation, and urination. Items recovered from Sabolick’s hunting cabin and vehicle included panty hose, lubricant, and a box of t-pins.
It is also alleged that during the course of these sex acts and acts of abuse, the defendant photographed the minor victim. Agents allegedly discovered images of child pornography depicting the minor victim on Sabolick’s cell phone. In addition, numerous images of child exploitation material were also recovered when conducting federal search warrants and forensic analysis on his electronic device.
Sabolick is charged in the federal criminal complaint with traveling interstate to engage in illicit sexual conduct (punishable by up to 30 years in prison), producing child pornography (which carries a sentencing range of 15 to 30 years in prison) and possessing child pornography (a federal crime punishable up to 10 years in prison).
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio; Vance Callender, Special Agent in Charge, U.S. Homeland Security Investigations (HSI); Washington County Sheriff Larry Mincks and Marietta Police Chief Aaron Nedeff announced the charges. Assistant United States Attorney Emily Czerniejewski is representing the United States in this case.
The case was investigated by both the Southeastern Ohio Human Trafficking Task Force and the Central Ohio Human Trafficking Task Force, which are operated under Ohio Attorney General Dave Yost’s Ohio Organized Crime Investigations Commission.
A criminal complaint is merely an allegation, and defendants are presumed innocent unless proven guilty in a court of law.
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Two Missoula methamphetamine traffickers sentenced to prisonRead the Press Release
MISSOULA — Two Missoula women convicted in a large methamphetamine trafficking ring involving pounds of the drug each were sentenced today to prison terms, Acting U.S. Attorney Leif M. Johnson said.
Laura Jeanne Haacke, 46, was sentenced to 54 months in prison to be followed by five years of supervised release. Haacke pleaded guilty in May to possession with intent to distribute meth.
Jennifer Renee Hawkes, 40, was sentenced to 63 months in prison to be followed by five years of supervised release. Hawkes pleaded guilty in May to possession with intent to distribute meth.
U.S. District Judge Donald W. Molloy presided. Hawkes’s detention was continued and Haacke’s release was continued.
According to court documents, the government alleged that Haacke, Hawkes, and co-defendants, Jason Dean Hager, of Lolo, and Terry David Starrett, of Missoula, conspired to distribute meth in Missoula from January 2018 through January 2021. Starrett and Hager each pleaded guilty to possession with intent to distribute meth and are pending sentencing.
Officers learned through confidential informants that Haacke stored meth for her co-defendant Starrett in a trap floor at her residence. When interviewed by law enforcement, Haacke admitted that she used meth and that in February 2019, she stored numerous pounds of meth at her residence.
The government further alleged that in July 2019, Hawkes supplied a person with about two ounces of meth. After the transaction, law enforcement executed a search warrant at Hawkes’s residence and recovered an additional three pounds of meth.
Assistant U.S. Attorney Tara J. Elliott is prosecuting the case, which was investigated by the FBI’s Montana Regional Violent Crime Task Force, Missoula Police Department, and Missoula County Sheriff’s Office.
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Two Former Bureau of Prisons Officials Sentenced for Bribery Scheme at Federal Prison in PetersburgRead the Press Release
RICHMOND, Va. – Former Bureau of Prisons (BOP) correctional officers at Federal Correctional Institution (FCI) Petersburg, Stephen Taylor and Shanice Bullock, were sentenced today for their respective roles in a bribery scheme that allowed for the introduction of contraband into the prison by FCI Petersburg inmate Dontay Cox.
“Taylor and Bullock blatantly abused their positions of authority as federal correctional officers to enrich themselves at the expense of the public, the safety of the prison they were responsible for protecting, and the dedicated Bureau of Prison employees with whom they served,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Instead of ensuring that the inmates of the prison served their sentences in a safe and lawful manner, these defendants violated their oaths as sworn officers and joined a criminal enterprise that was driven by their greed. As this prosecution demonstrates, we will not tolerate any criminal acts that are designed to corrupt or undermine the fair and impartial administration of justice.”
According to court documents, Taylor, 49, of Wake Forest, North Carolina, Bullock, 28, of South Hill, and Cox, 38, of Baltimore, Maryland, along with other co-conspirators, participated in a bribery scheme at FCI Petersburg between 2015 and 2019 to facilitate the introduction and distribution of contraband across the prison facility.
“This investigation demonstrates the resolve of the FBI, the United States Attorney’s Office, and the Department of Justice's Office of the Inspector General to ensure fair justice. In this instance, sworn officers of the law and inmates alike, at the Federal Correctional Institution in Petersburg, manipulated and circumvented the justice system for significant personal gain, and have been justly sentenced for their criminal actions,” said Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office. “FBI Richmond is committed to working with our partners to preserve the integrity of the system and ensure faith is not lost for those respecting it.”
“Correctional Officers Taylor and Bullock jeopardized the safety and security of their colleagues by accepting bribes from inmate Cox to bring contraband into the prison. The Office of the Inspector General is committed to rooting out these bribery schemes and bringing the perpetrators to justice,” said Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office.
Cox, who pleaded guilty to bribery of public officials on March 22, 2021, was an inmate at FCI Petersburg from on or about January 23, 2014 until on or about July 18, 2019, when he was transferred to another institution. During this time, Cox ran a gambling operation contrary to BOP regulations and, with the assistance of other inmates, obtained and sold contraband, including Suboxone, marijuana, heroin, cigarettes, and cellular telephones. Taylor, then a case manager, and Bullock, then a correctional officer at FCI Petersburg, accepted monetary bribes from friends and family of Cox who were not incarcerated. In return, Taylor and Bullock permitted the introduction as well as distribution of the contraband items in the prison.
From October 2017 to April 2019, Taylor and Bullock received at least $46,841 in bribe payments consisting of both wire transfers and cash payments from individuals associated with Cox.
Taylor was sentenced to 4 years in prison for solicitation and acceptance of bribes. Bullock was sentenced to 10 months in prison for solicitation and acceptance of bribes.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Field Office; and Russell W. Cunningham Special Agent in Charge of the Department of Justice Office of the Inspector General Washington Field Office made the announcement after sentencing by U.S. District Judge David J. Novak.
Assistant U.S. Attorneys Kenneth Simon Jr. and Michael C. Moore prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:20-cr-125.
Two Defendants Arrested for Operating Narcotics Delivery Service Responsible for Three Overdose DeathsRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, Dermot Shea, the Commissioner of the New York City Police Department (“NYPD”), and Ray Donovan, Special Agent in Charge of the New York Division of the Drug Enforcement Administration (“DEA”), announced that JOSE LUIS TEJADA AYBAR (“TEJADA”) and ALLEN ALEXIS ABISADA GUZMAN (“ABISADA”) were charged in criminal complaints unsealed today in Manhattan federal court with narcotics conspiracy resulting in the deaths of Marsha Clarke of the Bronx, New York, and Martin Banks and Edward Lynch of Yonkers, New York. TEJADA was arrested this morning and will be presented later today before United States Magistrate Judge Ona T. Wang in Manhattan. ABISADA was arrested today and will be presented tomorrow before United States Magistrate Judge Jonathan Goodman in Miami.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, the defendants operated an on-demand delivery service for the distribution of highly addictive and dangerous drugs. The cocaine distributed by the defendants’ service was laced with the deadly synthetic opioid fentanyl, and as alleged, caused the deaths of three victims. Thanks to the tireless efforts of law enforcement, the defendants’ delivery service is no longer in business.”
Police Commissioner Dermot Shea said: “Every overdose in New York City is traced back to its source by the NYPD and its enforcement partners, to prevent the senseless kinds of deaths the victims in this case suffered. I commend our investigators and the prosecutors in the United States Attorney’s Office for the Southern District in New York for tirelessly fighting this scourge with every tool at our disposal.”
DEA Special Agent in Charge Ray Donovan said: “Today’s arrests illuminate the dangers associated with fentanyl-tainted street drugs. Tejada’s alleged drug delivery service put lethal doses of drugs into three New Yorker’s hand, causing their overdose. Too many lives have been lost to fentanyl-related overdoses and I applaud the NYPD, the U.S. Attorney’s Office, the DEA Homestead Resident Office, and members of the New York Strike Force for their diligent efforts in this investigation.”
As alleged in the Complaints[1]:
From at least January 2018 to at least in or about February 2020, TEJADA and ABISADA operated a narcotics delivery service (the “Cab Louie Delivery Service”) in the New York City area. On or about September 19, 2019, ABISADA, working for the Cab Louie Delivery Service, delivered cocaine to Clarke, Banks, and Lynch. Within two days, the cocaine delivered by the Cab Louie Delivery Service, which was tainted with fentanyl, caused the overdose deaths of Clarke, Banks, and Lynch, as well as the hospitalization of Clarke’s husband.
Soon thereafter, TEJADA saved on his phone a news article reporting the overdose deaths of Banks and Lynch. TEJADA nevertheless continued to operate the Cab Louie Delivery Service. From in or about October 2019 to in or about February 2020, TEJADA and ABISADA, operating through the Cab Louie Delivery Service, repeatedly sold cocaine to an NYPD undercover officer.
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JOSE LUIS TEJADA AYBAR, 39, of Yonkers, New York, and ALLEN ALEXIS ABISADA GUZMAN, 40, of the Bronx, New York, are each charged with narcotics conspiracy resulting in death, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of life in prison.
The minimum and maximum potential sentences described above are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the assigned judge.
Ms. Strauss praised the outstanding investigative work of the NYPD Detective Borough Bronx Violent Crimes Squad and the Organized Crime Drug Enforcement Task Force (“OCDETF”) New York Strike Force. The OCDETF New York Strike Force is a crime-fighting unit comprising federal, state, and local law enforcement agencies supported by the Organized Crime Drug Enforcement Task Force and the New York/New Jersey High Intensity Drug Trafficking Area. The Strike Force is affiliated with the DEA’s New York Division and includes agents and officers of the DEA, New York City Police Department, New York State Police, Homeland Security Investigations, U.S. Internal Revenue Service Criminal Investigation Division, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Customs and Border Protection, U.S. Secret Service, U.S. Marshals Service, New York National Guard, Clarkstown Police Department, U.S. Coast Guard, Port Washington Police Department, and New York State Department of Corrections and Community Supervision. Ms. Strauss also thanked the Yonkers Police Department and the Westchester County District Attorney’s Office for their assistance in the case, and thanked the DEA’s Miami Field Division for its assistance in the apprehension of ABISADA.
The case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Alexander Li is in charge of the prosecution.
The charges in the Complaints are merely accusations and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the Complaints, and the descriptions of the Complaints set forth herein, constitute only allegations, and every fact described herein should be treated as an allegation as to the defendants charged in the Complaints.
Twelve Tribes Selected for Participation in Program Enhancing Tribal Access to National Crime Information DatabasesRead the Press Release
The Department of Justice has selected an additional 12 federally recognized Tribes to participate in the expansion of the Tribal Access Program for National Crime Information (TAP), a program that provides tribal governments with means to access, enter and exchange data with national crime information systems, including those maintained by the FBI Criminal Justice Information Services (CJIS) Division and the states.
“Timely access to federal criminal information can help protect domestic violence victims, place foster children in safe conditions, solve crimes and apprehend fugitives on tribal land, among other important uses,” said Deputy Attorney General Lisa O. Monaco. “Increasing tribal access to criminal databases is a priority of the Justice Department and this Administration, and essential to many tribal government efforts to strengthen public safety in their communities.”
The program provides training as well as software and biometric/biographic kiosk workstations to process fingerprints, take mugshots and submit information to FBI Criminal Justice Information Services (CJIS) systems. With these additional tribes, there are now 108 federally recognized Tribes participating in TAP.
TAP has been an important resource for the department’s Missing and Murdered Indigenous Persons Initiative and the Presidential Task Force on Missing and Murdered American Indians and Alaska Natives known as Operation Lady Justice. The Department of Justice began TAP in 2015 in response to concerns raised by tribal leaders about the need to have direct access to federal systems.
Using TAP, Tribes have shared information about missing persons; registered convicted sex offenders; entered domestic violence orders of protection for nationwide enforcement; run criminal histories; identified and arrested fugitives; entered bookings and convictions; and completed fingerprint-based record checks for non-criminal justice purposes such as screening employees or volunteers who work with children.
The following tribes have been newly selected for participation in TAP:
- Confederated Tribes of the Warm Springs Reservation
- Cow Creek Band of Umpqua
- Fort Belknap Indian Community
- Grand Traverse Band of Ottawa and Chippewa
- Havasupai Tribe
- Lower Brule Sioux Tribe
- Menominee Tribe
- Mille Lacs Band of Ojibwe
- Muckleshoot Tribe
- Passamaquoddy Tribe
- Shingle Springs Band of Miwok
- United Keetoowah Band of Cherokee
TAP is managed by the Justice Department’s Office of the Chief Information Officer and the Office of Tribal Justice. It is funded by the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART), the Office of Community Oriented Policing Services (COPS), the Office for Victims of Crime (OVC), and the Office on Violence Against Women (OVW).
For more information on TAP, visit www.justice.gov/tribal/tribal-access-program-tap.