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14 September 2021
Ophthalmologist Pleads Guilty to Seven-Year Healthcare Fraud Scheme and to Defrauding SBA Program Intended to Help Small Businesses During COVID-19 PandemicRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that AMEET GOYAL, an ophthalmologist in Rye, New York, pled guilty yesterday to perpetrating a seven-year healthcare fraud scheme by falsely billing for millions of dollars of procedures he did not perform, and also to fraudulently obtaining two Government-guaranteed loans intended to help small businesses during the COVID-19 pandemic while facing charges on pretrial release for the healthcare fraud scheme. GOYAL pled guilty before U.S. District Judge Cathy Seibel to all charges in a six-count superseding Indictment.
U.S. Attorney Audrey Strauss said: “Dr. Ameet Goyal was an experienced eye doctor who became blinded by greed and routinely defrauded patients who trusted him to heal their eyes. He grossly overbilled minor ophthalmological procedures, billed for tests and procedures that were never performed, falsified medical records, attempted to corrupt others in his practice to abet the scheme, and sent patients who refused to pay his fraudulent charges to collections. Already facing charges for defrauding patients and insurers of millions of dollars, Goyal committed a new fraud in applying for Paycheck Protection Program loans on behalf of two separate businesses and lying on the applications. Goyal looted over $630,000 in federal funds earmarked for legitimate small businesses affected by the COVID-19 pandemic. Goyal has now admitted to both fraudulent schemes, agreed to forfeit $3.6 million, and faces the possibility of a significant term of incarceration.”
According to the allegations contained in the Indictment, court filings, and statements made during court proceedings:
At all relevant times, GOYAL owned and operated the ophthalmology practice Ameet Goyal M.D. P.C., doing business as Rye Eye Associates, with offices in Rye, Mt. Kisco, and Wappingers Falls, New York, and Greenwich, Connecticut (the “Practice”). Between 2010 and 2017, GOYAL engaged in widespread healthcare fraud by consistently “upcoding” simpler, lower-paying surgical procedures and examinations as complex, higher-paying major operations in fraudulent billings submitted to Medicare, private insurance companies, and patients. As a result, GOYAL fraudulently obtained at least $3.6 million in payments for procedures he did not perform. As part of the scheme, GOYAL routinely falsified patient medical records, authoring fictitious templated operative reports that matched the complex operation he billed rather than the different minor procedure he actually performed. GOYAL also pressured other employees in the Practice to engage in the scheme, and threatened the livelihood of employees who refused to comply. GOYAL caused patients to pay thousands of dollars out of pocket for fraudulently billed charges, and initiated debt collection proceedings against patients who did not pay the full amounts of those false charges.
For example, GOYAL and others at the Practice routinely treated patients for an excision of a chalazion, a small bump on an eyelid, typically removed in less than 15 minutes. An excision of chalazion, when billed truthfully under its associated code, paid the Practice approximately $200 on average from patients and insurance programs. However, GOYAL systematically billed an excision of chalazion and other similar superficial eyelid procedures as if he had performed an orbitotomy together with a conjunctivoplasty, which are complex surgeries into the orbit of the eye, often to remove an orbital tumor together with grafting to close the resulting wound, that typically take an hour or more to perform. These substantial surgeries, as billed, paid the Practice approximately $1,400 on average from a combination of insurance and patient out-of-pocket payments. GOYAL also upcoded certain superficial procedures as an excision and repair of eyelid, a type of higher-paying eyelid surgery involving reconstruction or removal of certain lesions other than chalazions. During the relevant time period, GOYAL billed less than 40 chalazions under the billing code designated for excision of chalazion, while billing over 1,400 orbitotomies, over 700 bundled conjunctivoplasties, and over 1,600 excision and repair of eyelid surgeries, all of which he claimed to have personally performed. The scheme involved numerous other CPT codes for procedures and examinations not performed or upcoded, resulting in at least $3.6 million of ill-gotten gains for GOYAL.
On November 21, 2019, an indictment (the “Indictment”) was returned in the action United States of America v. Ameet Goyal, 19 Cr. 844 (CS) (S.D.N.Y.), charging GOYAL with healthcare fraud, wire fraud, and making false statements relating to healthcare matters. On November 22, 2019, GOYAL was arraigned on the Indictment and placed on pretrial release pursuant to an order that notified GOYAL of the potential effect of committing a criminal offense while on pretrial release.
The Coronavirus Aid, Relief, and Economic Security (“CARES”) Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act was the authorization of hundreds of billions of dollars in forgivable loans to small businesses for job retention and certain other expenses through the Small Business Administration’s (“SBA”) Paycheck Protection Program (“PPP”). Applicants with pending criminal charges are ineligible for PPP loans. The PPP also limits each eligible borrower to one loan, and a maximum loan amount calculated based on a business’s average monthly payroll expenses.
In or about April 2020, GOYAL applied to the SBA and Bank-1, a federally insured institution, for over $630,000 in Government-guaranteed loans through the SBA’s PPP Program. Specifically, on or about April 21, 2020, GOYAL applied for a loan in the amount of $358,700 for the business “Ameet Goyal,” with his own social security number and email address. On or about April 29, 2020, GOYAL applied for a second loan in the amount of $278,500, with a business name “Rye eye associates,” using the Employer Identification Number for Ameet Goyal M.D. P.C and a different email address controlled by GOYAL. To substantiate each loan, however, GOYAL submitted the exact same underlying payroll expense report, showing the same employees and payroll costs.
On both applications, GOYAL falsely answered that he was not facing any pending criminal charges, and electronically placed his initials “AG” directly under his “No” response. GOYAL also falsely certified, among other things, that his business would not receive another PPP loan until the end of the year. After obtaining approval from Bank-1 and the SBA through his fraudulent misrepresentations, GOYAL executed loan notes for two loans. On May 4, 2020, GOYAL received the first loan of $358,700, and on May 11, 2021, GOYAL received the second loan of $278,500. GOYAL used the business checking account into which these funds were deposited to pay business and personal expenses, including by making a $1,800 payment to a country club in Westchester, New York, within days of receiving the first loan.
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GOYAL, 58, of Rye, New York, pled guilty to all six counts in the Superseding Indictment. The first count charged healthcare fraud, which carries a maximum sentence of 10 years in prison; the second count charged wire fraud, which carries a maximum sentence of 20 years in prison; and the third count charged making false statements relating to health care matters, which carries a maximum sentence of five years in prison. Counts four, five, and six charged that while on pretrial release, the defendant committed the following offenses, respectively: bank fraud, which carries a maximum sentence of 30 years in prison; making false statements on a loan application, which carries a maximum sentence of 30 years in prison; and making false statements in a matter within the jurisdiction of the executive branch of the Government of the United States, which carries a maximum sentence of five years in prison. Additionally, a conviction under counts four, five, and six, if committed while on pretrial release, provides for an additional maximum sentence of 10 years in prison consecutive to any other sentence of imprisonment.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
GOYAL is scheduled to be sentenced by Judge Seibel on January 6, 2022, at 2:30 p.m.
Ms. Strauss praised the work of the Federal Bureau of Investigation, the U.S. Department of Health and Human Services, Office of Inspector General, and the Office of the Inspector General of the SBA, whose expertise and diligence were integral to the development of this investigation and the guilty plea.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Vladislav Vainberg, David Felton, and Margery Feinzig are in charge of the prosecution. A civil fraud lawsuit relating to healthcare fraud under the False Claims Act is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Jeffrey K. Powell is in charge of the pending civil case.
Ohio Man Pleads Guilty to Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Omarr Boone, 37, of Ravenna, Ohio, pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, officers with the Huntington Police Department responded to a shooting at a Shell gas station on March 9, 2021. After a vehicle pursuit, Boone was placed under arrest. Officers searched his vehicle and found a stolen Smith and Wesson SD9 VE in the vehicle. Boone was prohibited from possessing a firearm under federal law because of previous felony convictions in Michigan and Ohio.
Boone faces up to 10 years in prison when he is sentenced on December 13, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Huntington Police Department. United States District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00101.
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North Carolina Woman Pleads Guilty in Medicaid Fraud SchemeRead the Press Release
NORFOLK, Va. – A Raleigh, North Carolina, woman pleaded guilty today to making false statements to Medicaid to obtain payments for services and benefits.
“The defendant abused her position as a licensed professional counselor to orchestrate a scheme involving the fraudulent submission of Medicaid claims for over 100 patients,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Working with our partner agencies, we will continue to investigate and prosecute those who attempt to defraud and manipulate the health care system for their own personal benefit.”
According to court documents, Connie Omari, 37, was a licensed professional counselor in both the Commonwealth of Virginia and North Carolina. Omari owned and operated a Norfolk-based company called Sacred Journey, Inc., a provider of partial hospitalization services to psychiatric patients at risk of full hospitalization, or patients transitioning from psychiatric hospitalization. Omari overbilled Medicaid by submitting false claims to Medicaid when no service was provided to any Medicaid recipient.
Court documents detail thirty-nine specific instances in January and February of 2017 when Omari billed Medicaid for services she purportedly provided to patients. In reality, Omari and her family were on a trip out of the country, and it was impossible for her to provide the services for which she billed. In total, from in or about September 2015 through June 2017, Omari submitted false claims to Medicaid for over 100 patients, causing Medicaid a loss in excess of $548,000.
Omari is scheduled to be sentenced on Feb 18, 2022. She faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. District Judge Arenda Wright Allen accepted the plea.
Significant assistance was provided by the Medicaid Fraud Control Unit of the Virginia Office of the Attorney General.
Assistant U.S. Attorney Joseph Kosky is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:21-cr-113.
Nigerian National Pleads Guilty to Role in Fraud and Money Laundering SchemeRead the Press Release
HUNTINGTON, W.Va. – A Nigerian national who was indicted in April 2021 in connection with a large fraud and money laundering scheme pleaded guilty to conspiracy to commit money laundering.
According to court documents and statements made in connection with the plea hearing, Kenneth Ogudu, also known as Kenneth Lee, 28, a citizen of Nigeria residing in Columbus, Ohio, was involved from at least May 2019 to October 8, 2020, with Kenneth Emeni, John Nassy, Romello Thorpe, Oluwagbenga Harrison, Ouluwabamishe Awolesi, and others in a money laundering conspiracy that took place in Huntington, West Virginia and elsewhere. Ogudu lived in Huntington from May to December 2019. As part of the scheme, co-conspirators created online false personas and contacted victims via email, text messaging or online dating and social media websites in order to induce the victims into believing they were in a romantic relationship, friendship or business relationship with various false personas. The victims were persuaded to send money for a variety of false and fraudulent reasons for the benefit of the false personas. Ogudu’s role in the conspiracy was to let victims transfer money to his bank account that he knew was from unlawful activity. Ogudu admitted that after the victims’ funds were deposited into his account, he kept some of the money for himself and forwarded some of the money to his co-conspirators via wire transfers or Zelle. Ogudu further admitted that he and his co-conspirators transferred large sums of their fraud proceeds to offshore accounts. Ogudu obtained funds from at least 12 different fraud victims during the money laundering conspiracy.
Ogudu faces up to 20 years in prison when he is sentenced on December 13, 2021. As part of his plea agreement, Ogudu agreed to pay $324,865.85 in restitution.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the United States Secret Service, the United States Postal Inspection Service, the Federal Deposit Insurance Corporation-Office of Inspector General (FDIC-OIG), the West Virginia State Police, and the South Charleston Police Department.
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorneys R. Gregory McVey and Kathleen Robeson are handling the prosecution.
The public is encouraged to report potential online fraud activity or scams at https://www.ic3.gov/.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-0068 (Emeni, et al).
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Navajo man pleads guilty to voluntary manslaughter in Indian CountryRead the Press Release
ALBUQERQUE, N.M. – Brandon Charley, 36, of Prewitt, New Mexico, and an enrolled member of the Navajo Nation, pleaded guilty on Sept. 8 to voluntary manslaughter in Indian Country.
In the plea agreement, Charley admitted that on June 24, 2018, he intentionally shot and killed John Doe in Prewitt on the Navajo Nation reservation. Charley also admitted that when he shot the victim, he did not have an objectively reasonable belief that anyone was in imminent danger.
Charley is currently in custody pending sentencing, which has not been scheduled yet. He faces up to 15 years in prison.
The Gallup Residency Agency of the FBI, New Mexico State Police, McKinley Sheriff’s Office and Navajo Nation Department of Public Safety investigated this case. Assistant U.S. Attorneys Joseph M. Spindle and Letitia C. Simms are prosecuting the case.
Money Launderer and Wholesale Supplier of Narcotics to East Baltimore Monument Street Drug Trafficking Organization Sentenced to 10 Years in Federal Prison and Ordered to Forfeit $472,000Read the Press Release
Baltimore, Maryland – U.S. District Judge Ellen L. Hollander sentenced Anton Williams, age 43, of Baltimore, to 10 years in federal prison, followed by four years of supervised release for conspiracy to distribute five kilograms or more of cocaine in the Monument Street area of East Baltimore; possession with intent to distribute fentanyl; and for money laundering. Judge Hollander also ordered Williams to forfeit $472,000, a .38-caliber revolver and eight rounds of .38-caliber ammunition. The sentence was imposed on September 10, 2021.
Judge Hollander also sentenced co-defendant Wardell Roundheart, age 44, of Baltimore, to 68 months in federal prison, followed by four years of supervised release, for conspiracy to distribute cocaine and for possession with intent to distribute a fentanyl and cocaine mixture.
The sentences were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration (DEA), Baltimore District Office; Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office; and Commissioner Michael Harrison of the Baltimore Police Department.
“This Monument Street case in East Baltimore is the kind of impactful investigation that federal, state and local partners can build through collaboration and a dedicated commitment to improving our communities,” said Acting United States Attorney Jonathan Lenzner. “Getting wholesale narcotics dealers like Anton Williams off the streets is an important component of our efforts to address the violence associated with drug dealing. The illicit funds and real estate that law enforcement seized in this investigation reflect our commitment to disrupting drug organizations by going after the proceeds of their trade.”
"We are proud to be partners in these vital investigations which remove criminal elements involving drugs and violence from the streets. IRS-CI will continue to lend our financial expertise in these cases,” said Darrell J. Waldon, IRS-CI Acting Special Agent in Charge.
According to Williams’ and Roundheart’s guilty pleas, in July of 2018, DEA Strike Force Group 1—part of the Baltimore OCDETF Strike Force—began an investigation of the Monument Street corridor in East Baltimore, which is known to support a high volume of street-level drug distribution and acts of violence associated with the drug trafficking. During the investigation, law enforcement identified multiple street-level drug trafficking “shops,” with the two most prominent located in the 400 block of North Montford Avenue at Jefferson Street (“the Montford DTO”) and in the 2400 block of East Monument Street at Port Street (the “Out the Mud,” or “OTM DTO”). Investigators conducted controlled purchases of narcotics from drug distributors in the shops, including Roundheart, utilizing confidential informants and undercover Baltimore Police Department (“BPD”) officers. These undercover purchases also identified the drugs shops’ sources of supply of narcotics, including Anton Williams.
As detailed in their plea agreements, investigators intercepted calls between Williams and co-conspirators and Roundheart and other members of the conspiracy discussing the distribution of controlled substances including cocaine, heroin and fentanyl. On February 19, 2019, Roundheart distributed a tramadol/fentanyl mixture to an undercover detective who believed he was purchasing heroin. On February 22, 2019, Roundheart directed another undercover detective to an individual to purchase of four clear top vials of cocaine and 10 gelatin capsules of what the detective thought was heroin, but was a tramadol/fentanyl mixture.
The total proceeds obtained by Williams from supplying controlled substances to co-conspirators was at least $472,000. Investigators discovered that Williams had acquired multiple properties, including Rosie’s Bar, located at 482 S. Bentalou Street, Baltimore, where Williams met with co-conspirators. Williams used limited liability companies (“LLC”), associates, or family members to purchase the properties to conceal the ownership of the properties, as well as to conceal the source of funds used to purchase the properties. Investigators intercepted calls between Williams and a lender discussing the payment for Rosie’s Bar. Based on the intercepted conversations, investigators believe Williams purchased the bar with drug trafficking proceeds. Additionally, Williams and his co-conspirators used this location to meet with drug customers for the purposes of collecting money and providing controlled substances to them. Investigators also identified seven other properties in Baltimore that Williams either owned or leased.
Investigators recovered a total of $363,233 from various bank accounts associated with Williams, all of which is believed to be drug proceeds. Since Williams is not known to have a job, all of the properties are believed to be purchased with drug proceeds.
On May 22, 2019, law enforcement executed a search warrant at Williams’ residence and recovered: a firearm; a money counter; 10 cell phones, including two phones intercepted during court ordered wiretaps; and $206,444 in cash, believed to be drug proceeds. Search warrants were also executed on two vehicles used by Williams. Investigators recovered multiple bags of suspected cocaine and heroin, as well as 76 grams of fentanyl.
Throughout the course of their involvement, it was reasonably foreseeable to Williams and Roundheart, and within the scope of the conspiracy that Williams or other members of the conspiracy would distribute more than 5 kilograms of cocaine and that Roundheart or other members of the conspiracy would distribute between 500 grams and two kilograms of cocaine, as well as quantities of crack cocaine, heroin and fentanyl during the course of and in furtherance of the conspiracy.
Of the 25 defendants indicted in this case, 24—including Williams and Roundheart—have pleaded guilty or been found guilty at trial. Over the course of the Monument Street investigation, law enforcement seized kilo quantities of drugs, loaded guns, and more than $535,781 in drug proceeds.
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime. The specific mission of the Baltimore OCDETF Strike Force is to reduce violent, drug-related, and gang crime in the Baltimore area and surrounding region.
Acting United States Attorney Jonathan F. Lenzner commended the DEA, IRS-CI, and the Baltimore Police Department for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys LaRai Everett and James T. Wallner, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Mobile Woman Sentenced for Social Security Benefits Fraud Scheme Targeting Vulnerable Residents of Her Group HomesRead the Press Release
MOBILE, AL – The U.S. District Court sentenced a Mobile woman to 6 months in prison, 3 years of supervised release and ordered her to pay the Social Security Administration over $107,000 in restitution for lying to the Social Security Administration (SSA) to get the benefits of vulnerable persons whom she overcharged for room and board in her group boarding homes in Mobile.
According to court documents and testimony at her sentencing hearing today, Meoshi Shonta Nelson, 46, also known as Meoshi Williams, was previously convicted in 2015 of federal felony mail and access device fraud charges for stealing money from the fund established to compensate those with losses from the Deepwater Horizon Oil spill disaster. In that scheme, she submitted false claims for personal income loss and recruited family and friends to do the same, keeping some of the money they received. Nelson later lied to the SSA to obtain approval to receive and manage SSA benefits of persons who lived in three of her group boarding homes in the Mobile area. Specifically, as an applicant to the SSA’s Representative Payee Program, Nelson was required but failed to disclose that she was a convicted felon as of June 23, 2015, when she pleaded guilty to the mail and access device fraud charges described above.
Nelson repeatedly lied to the SSA in her representative payee applications and her SSA fund expenditures forms that she was not a convicted felon. When the SSA learned of her convictions in 2017, it barred her from serving as anyone’s representative payee and reassigned her beneficiaries.
Not to be deterred, Nelson circumvented the debarment by enlisting her family and friends to apply to serve as representative payees for residents of her group homes—in name only—who then turned over the money to her. Nelson took 75% off the top of from each of her SSA beneficiaries for room and board for their room, which averaged over $500.00 per month, from approximately six (6) residents of each home. The charge exceeded the fair market value of rent at the locations by two-to-four times. She also received federal food stamps for some of the residents. She provided services such as transportation to the doctor. The court ordered her to pay $107,000 to the SSA as restitution.
“Driven by greed, this woman preyed on vulnerable people, many of whom were elderly and could not manage their own finances,” said U.S. Attorney Sean P. Costello. “Hopefully, her time in prison will deter her from further committing further crimes against other members of our community, especially the elderly and vulnerable,” he added.
“Nelson’s fraudulent scheme exploited a vulnerable population who had trusted her and depended on her for care,” said Gail Ennis, Inspector General for the Social Security Administration. “I thank our law enforcement partners for working with us and the U.S. Attorney’s Office for prosecuting this case and holding Nelson accountable.”
The Social Security Administration Office of Inspector General, Atlanta Field Division investigated the case.
Assistant U.S. Attorney Alex Lankford prosecuted the case on behalf of the United States.
Michigan Man Sentenced for COVID-19 Relief FraudRead the Press Release
A Michigan man was sentenced today to 32 months in federal prison for fraudulently seeking nearly $1 million in Paycheck Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
Michael Bischoff, 60, of Macomb County, pleaded guilty to bank fraud on Nov. 23, 2020, in the Eastern District of Michigan. According to court documents, Bischoff, who owned multiple pizza restaurants in Macomb County, admitted to defrauding several financial institutions by submitting at least nine falsified PPP loan applications that included false representations about payroll, business expenses, and the number of employees working at his restaurants. To help secure the PPP loans, Bischoff also submitted multiple fabricated tax documents and fraudulently used another person’s personal identifying information. In total, Bischoff fraudulently sought approximately $931,000 in COVID-19 relief funds and received approximately $593,590. In addition to his prison sentence, Bischoff was ordered to serve three years of supervised release, and to pay $593,590 in restitution and a $5,000 fine.
Assistant Attorney General Kenneth A. Polite Jr. of the Justice Department’s Criminal Division; Acting U.S. Attorney Saima Shafiq Mohsin of the Eastern District of Michigan; Special Agent in Charge Kathy A. Enstrom of the Federal Deposit Insurance Corporation, Office of Inspector General (FDIC-OIG); Special Agent in Charge Sharon Johnson of the SBA’s Office of Inspector General (SBA-OIG) Central Region; and Special Agent in Charge Douglas Zloto of the U.S. Secret Service’s Detroit Field Office made the announcement.
The FDIC-OIG, the SBA-OIG, and the Secret Service investigated the case.
Trial Attorney Philip B. Trout of the Criminal Division’s Fraud Section; Trial Attorney Chad M. Davis of Criminal Division’s Money Laundering and Asset Recovery Section; and Assistant U.S. Attorney John K. Neal of the Eastern District of Michigan prosecuted the case.
The Fraud Section leads the department’s prosecution of fraud schemes that exploit the PPP. Since the PPP began, Fraud Section attorneys have prosecuted more than 100 defendants in more than 70 criminal cases. The Fraud Section has also seized more than $65 million in cash proceeds derived from fraudulently obtained PPP funds, as well as numerous real estate properties and luxury items purchased with such proceeds. More information can be found at https://www.justice.gov/criminal-fraud/ppp-fraud.
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.
Meridian Man Pleads Guilty to Possessing a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
Jackson, Miss. – A Meridian man pled guilty to possession of a firearm in furtherance of a drug trafficking crime, announced Acting U.S. Attorney Darren J. LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Reginald D’Mond Kelly, 32, was arrested on August 2, 2019, by officers of the Lauderdale County Sheriff’s Office on charges related to the sale of narcotics. During the course of the arrest, Kelly’s vehicle was searched and the officers found methamphetamine and a 9mm caliber handgun in the vehicle’s trunk. Kelly later admitted to the officers that he possessed the firearm for protection and that he engaged in the sale of methamphetamine.
Kelly is scheduled to be sentenced on December 15, 2021, and faces a mandatory minimum of 5 years in prison and a maximum of life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Lauderdale County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating the case. Assistant United States Attorney Charles W. Kirkham is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Meriden Man Sentenced to 3 Years in Federal Prison for Trafficking FentanylRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JAVIER MARTINEZ, 41, of Meriden, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 36 months of imprisonment, followed by four years of supervised release, for trafficking fentanyl.
According to court documents and statements made in court, in February 2020, law enforcement coordinated a controlled purchase of 100 grams of fentanyl from Martinez. On February 13, 2020, investigators stopped Martinez’s vehicle after he arrived at an agreed upon location in West Haven. A search of the car revealed approximately 100 grams of fentanyl, and a subsequent search of Martinez’s Meriden residence revealed approximately 180 grams of fentanyl, more than 300 fentanyl pills, and items used to process and package narcotics for street sale.
On April 22, 2021, Martinez pleaded guilty to one count of possession with intent to distribute 40 grams or more of fentanyl.
Martinez, who is released on a $100,000 bond, is required to report to prison on October 18.
This matter was investigated by the Drug Enforcement Administration New Haven Task Force, Connecticut State Police Statewide Narcotics Task Force and West Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Natasha M. Freismuth.
Marion County man sentenced for firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – James Joshua Hardesty, of Rivesville, West Virginia, was sentenced today to 63 months of incarceration for a firearms charge, Acting U.S. Attorney Randolph J. Bernard announced.
Hardesty, 40, pleaded guilty in February 2021 to one count of “Unlawful Possession of a Firearm.” Hardesty, who is prohibited from having a gun, admitted to having a .40 caliber pistol in March 2020 in Marion County.
Assistant U.S. Attorney Sarah E. Wagner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fairmont Police Department investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Man Pleads Guilty to Fraudulently Obtaining Approximately $9 Million in COVID-Relief Loans, Some of Which Was Gambled AwayRead the Press Release
A California man pleaded guilty today to federal charges stemming from a scheme that used a series of corporations he controlled to fraudulently obtain approximately $9 million in loans from COVID-relief programs, some of which he used on gambling excursions to Las Vegas and transferred to his stock trading accounts.
According to court documents, Andrew Marnell, 41, of Los Angeles, admitted that he fraudulently obtained Payroll Protection Program (PPP) loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. In the course of the scheme, Marnell obtained seven PPP loans totaling just under $9 million from financial institutions for corporations he controlled.
To obtain the loans, Marnell submitted fraudulent loan applications that made numerous false and misleading statements about the companies’ business operations and payroll expenses. Marnell, often using aliases, further submitted fake and altered documents, including bogus federal tax filings and employee payroll records. Once the loans were funded, Marnell transferred millions of dollars from the fraudulently obtained loan proceeds to his brokerage accounts to make risky stock market bets. Marnell also spent hundreds of thousands of dollars in fraudulently obtained loan proceeds at various gambling establishments.
The PPP program was implemented by the CARES Act, which was signed into law in March 2020 and was designed to provide relief to businesses affected by the coronavirus pandemic. The CARES Act also provided funding to the Economic Injury Disaster Loan Program (EIDL) administered by the SBA. Marnell admitted that he fraudulently obtained $170,000 in EIDL loans.
Marnell pleaded guilty to one count of bank fraud, which carries a 30-year statutory maximum penalty, and one count of engaging in a monetary transaction involving criminal proceeds, which carries a 10-year statutory maximum penalty. He is scheduled to be sentenced on Feb. 14, 2022. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
As part of his plea agreement, Marnell agreed to forfeit items related to the pilfered PPP loan funds, including more than $1.54 million seized from several brokerage accounts, $319,298 in cash recovered from his residence, numerous electronic devices, a Rolex Oyster watch, a Range Rover and a Ducati motorcycle.
The Federal Housing Finance Agency’s Office of Inspector General, the FBI, the Federal Deposit Insurance Corporation’s Office of Inspector General, IRS-Criminal Investigation, the Treasury Inspector General for Tax Administration, and the Small Business Administration’s Office of Inspector General investigated this case. The California Department of Justice’s Bureau of Gambling Control provided valuable assistance.
Trial Attorney Scott Armstrong of the Justice Department’s Fraud Section and Assistant U.S. Attorney Kerry Quinn of the Central District of California are prosecuting the case.
In May, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit: https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Madison Man Sentenced to 10 Years After Pleading Guilty to Distributing Child PornographyRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that today Brian D. Lamphier, 52, Madison, Wisconsin, pleaded guilty to distributing child pornography and was sentenced by Chief U.S. District Judge James D. Peterson to 10 years in federal prison. This prison term will be followed by 15 years of supervised release.
In June 2019, the Madison Police Department received a tip from the National Center for Missing and Exploited Children (NCMEC) that an adult male, later identified as Lamphier, was using Facebook to communicate with a potential minor and was sending potential images of child pornography. Investigation revealed that the person Lamphier was talking to was 19-years-old and, thus, was not a minor, and that the images that he was sending could not be determined to be child pornography. Madison Police Officers spoke with Lamphier and warned him that his behavior was very close to the line of being illegal.
In June 2020, the Madison Police Department received another tip from NCMEC that a 50-year-old man, later identified as Lamphier, was attempting to entice a 15-year-old boy to engage in sexual conduct via Facebook messenger. Investigation revealed that Lamphier met the minor on the Internet and from March through June of 2020, paid the minor to engage in sexual activity. During some of the sexual encounters, Lamphier took nude pictures of the minor. On April 8, 2020, Lamphier sent one of the nude images of the boy to the previously identified 19-year-old Facebook user.
At sentencing, after the victim’s family spoke, Judge Peterson noted the devastating consequences on the victim and his family. Judge Peterson stated that Lamphier’s “insistent pattern of conduct” with the minor, combined with the fact that he had been given a prior warning by the police, were aggravating for sentencing. In choosing a 10-year sentence, Judge Peterson stated that Lamphier not only distributed child pornography but also engaged in the sustained abuse of a child and the production of child pornography. Judge Peterson also stated that Lamphier “treated his victim like an object for [his] own sexual satisfaction.”
The charge against Lamphier was the result of an investigation conducted by the Madison Police Department. Assistant U.S. Attorney Julie S. Pfluger prosecuted this case.
Louisiana Woman Sentenced in $4.8 Million Elder Fraud SchemeRead the Press Release
TYLER, Texas – A Shreveport, Louisiana woman has been sentenced to federal prison for her role in an elder fraud scheme in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei.
Monica Ruiz, 45, pleaded guilty on March 24, 2021, to wire fraud and was sentenced to 97 months in federal prison today by U.S. District Judge Jeremy D. Kernodle.
“Fraud against the elderly is particularly devastating given that the victim will typically not have the ability to work their way towards financial recovery,” said Acting U.S. Attorney Nicholas J. Ganjei. “While the Department of Justice will work tirelessly to ferret out elder fraud and punish the perpetrator, our seniors’ best defense against such fraud is, and remains, education, vigilance, and a healthy dose of skepticism.”
“The Secret Service remains committed to bringing to justice those criminals who seek to exploit our most vulnerable citizens,” said William Mack, U.S. Secret Service Resident Agent in Charge of the Tyler Resident Office. “In conjunction with the Department of Justice, as well as our state and local partners, the Secret Service will identify, pursue and seek prosecution of those that prey upon the elderly.”
According to information presented in court, Ruiz enlisted a variety of false and fraudulent pretenses, representations, and promises in a scheme to defraud an elderly victim from Bullard, Texas. Among the various misrepresentations Ruiz made in order to obtain money from the victim were the following:
- That Ruiz had been in a coma;
- That Ruiz had brain surgery;
- That Ruiz was falsely arrested and imprisoned;
- That Ruiz had bribed a judge and prosecutor;
- That Ruiz’s son died in a car accident in Pennsylvania;
- That Ruiz was in a car accident;
- That Ruiz had a kidney transplant;
- That Ruiz’s daughter was committed to a mental institution;
- That Ruiz was incarcerated; and
- That Ruiz’s grandmother died.
At times, Ruiz impersonated other people in communications with the victim. At other times, she created and used false personas in communications with the victim. Over the course of her scheme, Ruiz obtained more than $4.85 million from the victim.
Ruiz was indicted by a federal grand jury on Nov. 19, 2020.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
This case was investigated by the U.S. Secret Service with the assistance of the Tyler Police Department and the Louisiana State Police – Gaming Enforcement Division and is being prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld.
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Louisiana Doctor Indicted for Illegally Dispensing over One Million Doses of Opioids and for $5.1 Million Health Care Fraud SchemeRead the Press Release
WASHINGTON - A federal grand jury in New Orleans, Louisiana, returned an indictment on August 26, 2021 charging a Louisiana physician for his role in distributing over 1,200,000 doses of Schedule II controlled substances, including oxycodone and morphine, outside the scope of professional practice and not for a legitimate medical purpose, and for maintaining his clinic for the purpose of illegally distributing controlled substances. Today’s indictment also charges the physician with defrauding health care benefit programs, including Medicare, Medicaid, and Blue Cross and Blue Shield of Louisiana, of more than $5,100,000, given that the opioid prescriptions were filled using health insurance benefits.
According to court documents, Adrian Dexter Talbot, M.D., 55, of Slidell, owned and operated a medical clinic located in Slidell that accepted cash payments from individuals seeking prescriptions for Schedule II controlled substances. In 2015, Talbot took a full-time job in Pineville, Louisiana, and although he was no longer physically present at the Slidell clinic, he pre-signed prescriptions to be distributed to individuals there without seeing or examining those individuals. In 2016, Talbot hired another practitioner who also pre-signed prescriptions to be distributed in the same manner at the Slidell clinic. With Talbot’s knowledge, individuals were filling their prescriptions that were issued outside the scope of professional practice and not for a legitimate medical purpose using their insurance benefits, thereby causing health care benefit programs to be fraudulently billed for filling prescriptions that were written without an appropriate patient examination or determination of medical necessity for the prescription.
Talbot is charged with one count each of conspiracy to unlawfully distribute and dispense controlled substances, maintaining a drug-involved premises and conspiracy to commit health care fraud, as well as four counts of unlawfully distributing and dispensing controlled substances. The defendant is scheduled for his initial court appearance Sept. 10 before U.S. Magistrate Judge Michael B. North of the U.S. District Court for the Eastern District of Louisiana. If convicted, he faces a maximum penalty of 10 years for conspiracy to commit health care fraud and 20 years each for all other counts. 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; U.S. Attorney Duane A. Evans for the Eastern District of Louisiana; Special Agent in Charge Douglas A. Williams Jr. of the FBI’s New Orleans Field Office; Special Agent in Charge Miranda Bennett of the Department of Health and Human Services, Office of Inspector General (HHS-OIG); and Special Agent in Charge Jeffrey Breen for the Department of Veterans Affairs, Office of Inspector General (VA-OIG) made the announcement.
The FBI, HHS-OIG, VA-OIG, and the Louisiana Office of the Attorney General’s Medicaid Fraud Control Unit are investigating the case.
Trial Attorney Sara E. Porter of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Howard Sinkman of the Eastern District of Louisiana are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Local Man Pleads Guilty for Bank Fraud SchemeRead the Press Release
PORTLAND, Ore.—A Portland man pleaded guilty today for perpetrating a bank fraud scheme whereby he used a residential property he did not own as collateral for obtaining a bank loan worth more than $316,000.
Alireza Zamanizadeh, aka Ali Zamani, 63, waived indictment and pleaded guilty to bank fraud.
According to court documents, on or about February 17, 2017, Zamanizadeh filed a quitclaim deed in Deschutes County, transferring a residential property in Bend, Oregon to his business for one dollar without the property owner’s consent. A quitclaim deed is a document used to quickly transfer the ownership of real property from one party to another.
Zamanizadeh then used the property as collateral for obtaining a loan worth $316,092. Zamanizadeh forged the property owner’s signature on a statement verifying the property transfer as required by the mortgage lender and title company processing the loan. Based on Zamanizadeh’s false representations, the mortgage company approved the loan and transferred the funds to Zamanizadeh’s bank account.
On June 14, 2021, Zamanizadeh was charged by criminal information with bank fraud and aggravated identity theft.
Bank fraud is punishable by up to 30 years in prison, a $1 million fine, and three years’ supervised release.
Zamanizadeh will be sentenced on January 4, 2022 before U.S. District Court Judge Anna J. Brown.
As part of the plea agreement, Zamanizadeh has agreed to pay $400,000 in restitution to his victim and has transferred a second residential property in Clark County, Washington back to the victim.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by IRS-Criminal Investigation with assistance from FBI and is being prosecuted by Katherine A. Rykken, Assistant U.S. Attorney for the District of Oregon.
Justice Department announces investigation into conditions in Georgia prisonsRead the Press Release
ATLANTA – The Justice Department announced today that it has opened a statewide civil investigation into conditions of confinement of prisoners held in Georgia’s prisons.
“Individuals sentenced to prison in Georgia Department of Corrections facilities deserve to be treated humanely,” said Acting U.S. Attorney Kurt R. Erskine. “Our office is committed to ensuring state prisoners are safe while serving their sentences. We look forward to working cooperatively with the Georgia Department of Corrections to ensure the safety of all individuals in its prisons.”
“Ensuring the inherent human dignity and worth of everyone, including people who are incarcerated inside our nation’s jails and prisons, is a top priority,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department’s investigations into prison conditions have been successful at identifying systemic constitutional violations and their causes, fixing those causes, and stopping the violations. We are investigating prison violence and abuse in Georgia’s prisons to determine whether Constitutional violations exist, and if so, how to stop them.”
“Prison conditions that enable inmates to engage in dangerous and even deadly activity are an injustice, jeopardizing the lives of detainees, staff members and other corrections personnel,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our local law enforcement and corrections partners, with whom we work with closely each and every day, are indispensable to our united goal of achieving a safer Georgia for all. Under the leadership of the department’s Civil Rights Division, we look forward to collaborating with our state partners to address our mutual concern for safety in the corrections system.”
“This investigation is an example of our office’s commitment to stamping out violence in our district, no matter where it is found, no matter who the victim is,” said Acting U.S. Attorney David H. Estes for the Southern District of Georgia. “We look forward to working with the State of Georgia, the Georgia Department of Corrections, the Civil Rights Division of the Department of Justice, and our counterparts in the U.S. Attorney’s Offices for the Northern and Middle Districts of Georgia to further our shared mission to keep correctional facilities safe for the sake of our community, the prisoners housed there and the dedicated staff who work there.”
The investigation will examine whether Georgia provides prisoners reasonable protection from physical harm at the hands of other prisoners. The department also will continue its existing investigation into whether Georgia provides lesbian, gay, bisexual, transgender, and intersex prisoners reasonable protection from sexual abuse by other prisoners and by staff.
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate whether any violations of prisoners’ constitutional rights result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Special Litigation Section of the Department of Justice Civil Rights Division is conducting this investigation jointly with the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Georgia. Individuals with relevant information are encouraged to contact the department via phone at (844) 401-3736 or by email at [email protected].
Additional information about the Civil Rights Division’s CRIPA investigations related to prisons and jails can be found here: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Assistant U.S. Attorney Aileen Bell Hughes, Civil Rights Enforcement Coordinator, is handling this matter for the Northern District of Georgia.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Justice Department and Federal Trade Commission Issue Joint Statement to Preserve Competition in Post-Hurricane Relief EffortsRead the Press Release
The Department of Justice’s Antitrust Division and the Federal Trade Commission (FTC) today issued a joint statement detailing antitrust guidance for businesses taking part in relief efforts and those involved in rebuilding communities affected by Hurricane Ida without violating the antitrust laws.
“The Antitrust Division and its law enforcement partners will not tolerate businesses and individuals who prey upon hurricane victims or seek to corrupt relief efforts,” said Acting Assistant Attorney General Richard A. Powers of the Antitrust Division. “In the aftermath of Hurricane Ida, the division’s Procurement Collusion Strike Force will leverage every tool in its arsenal to root out collusion, corruption and fraud targeting disaster relief.”
“When a disaster like Hurricane Ida strikes, it’s unconscionable for any company to exploit the tragedy for their own financial gain,” said Acting Director Holly Vedova of the FTC’s Bureau of Competition. “We’re committed to working with our partners to crack down on abusive and illegal practices and protecting the people affected by the disaster so they can focus on recovering.”
The antitrust laws accommodate procompetitive collaborations among competitors. At the same time, the agencies intend to hold accountable those who enter into anticompetitive agreements that take advantage of hurricane victims or hurricane relief efforts. Among other actions, the Department of Justice will criminally prosecute companies that fix prices, rig bids, or allocate customers, and the FTC will investigate and take action against companies and individuals who violate the consumer protection laws.
Anyone with information on price fixing, bid-rigging, market allocation agreements or other anticompetitive conduct should call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
Consumers or businesses with concerns about fraudulent activity can also call the Disaster Fraud Hotline at 1-866-720-5721 or visit https://www.justice.gov/disaster-fraud/how-report-disaster-related-fraud.
Justice Department Settles with Nationwide Soccer Instruction Company to Resolve Finding of Citizenship Status DiscriminationRead the Press Release
The Department of Justice announced today that it signed a settlement agreement with Challenger Sports Corporation (Challenger), a soccer instruction company based in Lenexa, Kansas, which runs soccer programs nationwide.
The settlement resolves the department’s claim that Challenger did not consider U.S. worker applicants for full-time soccer instructor jobs in Pennsylvania, Maryland and Northern Virginia because the company preferred to hire workers on temporary visas.
Based on its independent investigation, the department concluded that in Spring 2019, Challenger’s Baltimore office (1) failed to consider U.S. worker applicants for full-time soccer instructor positions because staff assumed that U.S. workers, based on their citizenship status, would not be interested in the positions; and (2) expected to fill the positions with workers on seasonal employment visas known as H-2B visas. Under the Immigration and Nationality Act (INA), employers cannot generally discriminate based on citizenship, immigration status, or national origin at any stage of the hiring process. In addition, the Department of Labor requires employers seeking permission to hire H-2B workers to first hire all qualified and available U.S. workers who apply by the relevant deadline.
“A company cannot decide to ignore applications from U.S. workers because of stereotypes about their willingness to do certain types of work, or a desire to reserve work opportunities for temporary visa holders,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Excluding U.S. workers from consideration for jobs because of their citizenship or immigration status is unfair and illegal.”
Under the terms of the settlement agreement, Challenger will pay $6,000 in civil penalties and make $36,820 in back pay available to eligible discrimination victims. Challenger will also change its policies and procedures to comply with the INA’s anti-discrimination provision, train its employees on the requirements of this law before applying for H-2B visas in the future, and be subject to two years of department monitoring requirements, including providing regular reports to the department.
The Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation. Learn more about prohibitions against citizenship status discrimination.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify), or subjected to retaliation, may file a charge. The public also can contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER. View the Spanish translation of this press release here.
Justice Department Obtains Settlement in Title VI Retaliation Matter with the Florida State Courts SystemRead the Press Release
The Justice Department announced a settlement agreement with the Florida State Courts System to resolve a retaliation investigation and finding under Title VI of the Civil Rights Act of 1964. As part of the settlement, the Florida State Courts will implement anti-retaliation policies and training and pay $160,000 in damages to a former employee who experienced retaliation.
The settlement resolves the Justice Department’s finding that the Seventh Judicial Circuit Court of Florida retaliated against the former employee in violation of Title VI, which prohibits race, color or national origin discrimination by recipients of federal financial assistance and prohibits retaliation against individuals who engage in Title VI protected activity, such as filing a complaint or participating in an investigation. The department concluded that the Seventh Judicial Circuit Court of Florida unlawfully terminated the employee for assisting a limited English proficient (LEP) court user with an interpreter request and for assisting an advocate who filed a Justice Department Title VI complaint about language access services.
“This settlement sends a message that those who speak up for fundamental civil rights — like the right of meaningful access to our judicial system — must be able to do so without fear of reprisal,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The Civil Rights Division will continue to vigorously investigate allegations of retaliation against individuals who courageously stand up to hold others accountable for compliance with the laws we enforce. I commend the Florida State Courts System for committing to address this unlawful retaliation and prevent its recurrence.”
The enforcement of Title VI is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. View the Spanish translation of this press release here.
Justice Department Awards over $433,000 to Penobscot Nation to Combat Domestic ViolenceRead the Press Release
PORTLAND, Maine: The Department of Justice’s Office of Violence Against Women (OVW) has awarded over $433,000 to the Penobscot Indian Nation to support the tribe in exercising jurisdiction over individuals who commit crimes of domestic violence or dating violence or violate certain protection orders on tribal land, Acting U.S. Attorney Donald E. Clark announced.
“The awards we are making this year will touch the lives of millions of survivors of violence and help our nation end these devastating crimes,” said Allison Randall, OVW Acting Director. “OVW is proud to be the leading federal voice in the country’s fight against sexual and domestic violence.”
OVW’s Grants to Tribal Governments to Exercise Special Domestic Violence Criminal Jurisdiction (Tribal Jurisdiction Program) provides support and technical assistance to Indian tribes for planning and implementing changes in their criminal justice systems necessary to exercise “special domestic violence criminal jurisdiction” (SDVCJ) and funds to exercise the jurisdiction.
Prior to the Violence Against Women Reauthorization Act of 2013 (VAWA 2013), if a victim was Indian and the perpetrator was non-Indian, the crime could be prosecuted only by the United States or, in some circumstances, by the state in which the tribe’s Indian Country is located. VAWA 2013 included a provision recognizing the authority of participating tribes to exercise SDVCJ over certain defendants, regardless of their Indian or non-Indian status, who commit crimes of domestic violence or dating violence or violate certain protection orders in Indian Country. The Tribal Jurisdiction Program is designed to enhance tribes’ ability to implement and exercise SDVCJ.
“I congratulate the Penobscot Nation on securing funds that will enable tribal leaders to more effectively combat domestic violence on tribal lands,” said Acting U.S. Attorney Clark. “The Department of Justice is committed to working with our tribal partners to hold perpetrators of these crimes accountable and support victims.”
OVW provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault, and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Justice Department Announces Investigation into Conditions in Georgia PrisonsRead the Press Release
The Justice Department announced today that it has opened a statewide civil investigation into conditions of confinement of prisoners held in Georgia’s prisons.
The investigation will examine whether Georgia provides prisoners reasonable protection from physical harm at the hands of other prisoners. The department also will continue its existing investigation into whether Georgia provides lesbian, gay, bisexual, transgender and intersex prisoners reasonable protection from sexual abuse by other prisoners and by staff.
“Ensuring the inherent human dignity and worth of everyone, including people who are incarcerated inside our nation’s jails and prisons, is a top priority,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department’s investigations into prison conditions have been successful at identifying systemic constitutional violations and their causes, fixing those causes and stopping the violations. We are investigating prison violence and abuse in Georgia’s prisons to determine whether Constitutional violations exist, and if so, how to stop them.”
“Individuals sentenced to prison in Georgia Department of Corrections facilities deserve to be treated humanely,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “Our office is committed to ensuring state prisoners are safe while serving their sentences. We look forward to working cooperatively with the Georgia Department of Corrections to ensure the safety of all individuals in its prisons.”
“Prison conditions that enable inmates to engage in dangerous and even deadly activity are an injustice, jeopardizing the lives of detainees, staff members and other corrections personnel,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our local law enforcement and corrections partners, with whom we work with closely each and every day, are indispensable to our united goal of achieving a safer Georgia for all. Under the leadership of the department’s Civil Rights Division, we look forward to collaborating with our state partners to address our mutual concern for safety in the corrections system.”
“This investigation is an example of our office’s commitment to stamping out violence in our district, no matter where it is found, no matter who the victim is,” said Acting U.S. Attorney David H. Estes for the Southern District of Georgia. “We look forward to working with the State of Georgia, the Georgia Department of Corrections, the Civil Rights Division of the Department of Justice, and our counterparts in the U.S. Attorney’s Offices for the Northern and Middle Districts of Georgia to further our shared mission to keep correctional facilities safe for the sake of our community, the prisoners housed there and the dedicated staff who work there.”
The department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted under the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the department has the authority to investigate whether any violations of prisoners’ constitutional rights result from a “pattern or practice of resistance to the full enjoyment of such rights.” The department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Special Litigation Section of the Department of Justice Civil Rights Division is conducting this investigation jointly with the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Georgia. Individuals with relevant information are encouraged to contact the department via phone at (844) 401-3736 or by email at [email protected].
Additional information about the Civil Rights Division’s CRIPA investigations related to prisons and jails can be found here: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons.
Justice Department Announces Investigation into Conditions in Georgia PrisonsRead the Press Release
MACON, Ga. – The Justice Department announced today that it has opened a statewide civil investigation into conditions of confinement of prisoners held in Georgia’s prisons.
The investigation will examine whether Georgia provides prisoners reasonable protection from physical harm at the hands of other prisoners. The Department also will continue its existing investigation into whether Georgia provides lesbian, gay, bisexual, transgender and intersex (LGBTI) prisoners reasonable protection from physical and sexual harm by other prisoners and by staff.
“Ensuring the inherent human dignity and worth of everyone, including people who are incarcerated inside our nation’s jails and prisons, is a top priority,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department’s investigations into prison conditions have been successful at identifying systemic constitutional violations and their causes, fixing those causes and stopping the violations. We are investigating prison violence and abuse in Georgia’s prisons to determine whether Constitutional violations exist, and if so, how to stop them.”
“Prison conditions that enable inmates to engage in dangerous and even deadly activity are an injustice, jeopardizing the lives of detainees, staff members and other corrections personnel,” said Acting U.S. Attorney Peter D. Leary for the Middle District of Georgia. “Our local law enforcement and corrections partners, with whom we work with closely each and every day, are indispensable to our united goal of achieving a safer Georgia for all. Under the leadership of the Department’s Civil Rights Division, we look forward to collaborating with our state partners to address our mutual concern for safety in the corrections system.”
“Individuals sentenced to prison in Georgia Department of Corrections facilities deserve to be treated humanely,” said Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia. “Our office is committed to ensuring state prisoners are safe while serving their sentences. We look forward to working cooperatively with the Georgia Department of Corrections to ensure the safety of all individuals in its prisons.”
“This investigation is an example of our office’s commitment to stamping out violence in our district, no matter where it is found, no matter who the victim is,” said Acting U.S. Attorney David H. Estes for the Southern District of Georgia. “We look forward to working with the State of Georgia, the Georgia Department of Corrections, the Civil Rights Division of the Department of Justice, and our counterparts in the U.S. Attorney's Offices for the Northern and Middle Districts of Georgia to further our shared mission to keep correctional facilities safe for the sake of our community, the prisoners housed there, and the dedicated staff who work there.”
The U.S. Attorney’s Office for the Middle District of Georgia encompasses 70 of Georgia’s 159 counties and covers over 25,000 square miles. As it relates to this investigation, the Middle District of Georgia is home to 15 close- and medium-security Georgia Department of Corrections (GDOC) prisons. The 15 located in the Middle District of Georgia are:
Autry State Prison, Baldwin State Prison, Calhoun State Prison, Central State Prison, Dooly State Prison, Georgia Diagnostic and Classification State Prison, Hancock State Prison, Lee State Prison, Macon State Prison, Pulaski State Prison, Riverbend Correctional and Rehabilitation Facility (The GEO Group), Rutledge State Prison, Valdosta State Prison and Valdosta Annex, Whitworth Women’s Facility and Wilcox State Prison.
The Department has not reached any conclusions regarding the allegations in this matter. The investigation will be conducted pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA). Under CRIPA, the Department has the authority to investigate whether any violations of prisoners’ constitutional rights result from a “pattern or practice of resistance to the full enjoyment of such rights.” The Department has conducted CRIPA investigations of many correctional systems, and where violations have been found, the resulting settlement agreements have led to important reforms.
The Special Litigation Section of the Department of Justice Civil Rights Division is conducting this investigation jointly with the U.S. Attorney’s Offices for the Northern, Middle and Southern Districts of Georgia. Assistant U.S. Attorney Lance Simon is conducting the investigation on behalf of the Middle District of Georgia. Individuals with relevant information are encouraged to contact the department via phone at (844) 401-3736 or by email at [email protected].
Additional information about the Civil Rights Division’s CRIPA investigations related to prisons and jails can be found here: https://www.justice.gov/crt/rights-persons-confined-jails-and-prisons
Jones County Man Sentenced to More Than 9 Years for ShootingRead the Press Release
RALEIGH, N.C. – A Jones County man was sentenced today to 115 months in prison for unlawful possession of a firearm by a convicted felon, which he used to assault with the intent to murder a victim. On June 10, 2021, William Horton Jr. pled guilty to the charge.
According to court documents and other information presented in court, Horton, 59, used a firearm to shoot another man outside a gas station near Pollocksville, North Carolina in December 2020. The victim survived. A search of Horton’s residence discovered the firearm used to assault the victim, as well as a second unlawful firearm and assorted ammunition.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Jones County Sherriff’s Office investigated the case and Assistant U.S. Attorney David Fitzgerald prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:21-CR-13-D.
Jackson Man Sentenced to Almost 4 Years in Prison for Possession of Firearm by Convicted FelonRead the Press Release
Jackson, Miss. – A Jackson man was sentenced to 46 months in federal prison for being a felon in possession of a firearm, announced Acting U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Ledrick Antoine Simmons, 39, pled guilty to the charge on April 29, 2021.
According to court documents, on January 29, 2020, Madison Police officers obtained an arrest warrant for Simmons for felony fleeing after they attempted to detain him for possible involvement in the facilitation of prostitution. Officers were able to locate Simmons in a vehicle at the intersection of President and Amite Street, in downtown Jackson. When officers approached Simmons, he attempted to evade arrest and rammed another vehicle with his car. Officers were able to take Simmons into custody. Officers recovered a handgun from Simmons’s waistband during the arrest. At the time of the arrest, Simmons was a convicted felon and has multiple felony convictions in Hinds County.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Madison Police Department, the Mississippi Bureau of Investigations, and the Jackson Police Department. The case was prosecuted by Assistant United States Attorney Chris Wansley.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Isleta man charged with sexual abuse and assault in Indian CountryRead the Press Release
ALBUQERQUE, N.M. – Jonathan Jojola, 33, an enrolled member of the Isleta Pueblo, was arraigned on Sept. 8 in federal court on a two-count indictment charging him with assault of an intimate partner by strangling or suffocating and aggravated sexual abuse in Indian Country.
According to the indictment, on March 28, Jojola allegedly engaged in a sexual act with the victim, identified in court records as Jane Doe, by the use of force. On March 29, Jojola allegedly assaulted Jane Doe by attempting to strangle and suffocate her. Both incidents allegedly occurred on the Isleta Pueblo in Bernalillo County, New Mexico.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Jojola faces 10 years in prison.
The Isleta Pueblo Police Department investigated this case. Special Assistant U.S. Attorney Chelsea Van Deventer is prosecuting the case
Iranian National Sentenced for Illegally Exporting Military Sensitive ItemsRead the Press Release
SAN ANTONIO – An Iranian national was sentenced today to 63 months in prison followed by three years of supervised release for violating the International Emergency Economic Powers Act (IEEPA).
Mehrdad Ansari, 40, a resident of the United Arab Emirates and Germany, was convicted by a federal jury in May 2021 for his role in a scheme to obtain military sensitive parts for Iran in violation of the Iranian Trade Embargo. In coordination with his co-conspirators, Ansari obtained and attempted to obtain parts that had dual-use military and civilian capability and could be used in such systems as nuclear weapons, missile guidance and development, secure tactical radio communications, offensive electronic warfare, military electronic countermeasures (radio jamming), and radar warning and surveillance systems. The equipment Ansari helped try to obtain could be used to test these other weapon systems.
“Ansari and his co-conspirators attempted to profit from a far-reaching, extensive scheme to evade U.S. sanctions on Iran. They repeatedly lied to numerous U.S. suppliers and illegally obtained very sensitive dual-use items,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. “As demonstrated by this prosecution, DOJ pursues those who threaten U.S. national security, even years after their original crimes.”
“The Iranian Trade Embargo serves an important purpose in the protection of the United States and our allies,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “As prosecutors tasked with enforcing federal law, we will continue to identify, investigate, and pursue violations of the IEEPA.”
“Those who are contemplating violating U.S. laws designed to keep sensitive technology out of the hands of our adversaries should take note; the FBI has a long memory and will engage with all its partners, including those overseas, to bring subjects to justice,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “We urge anyone with information about violations of sanctions on Iran to contact the FBI.”
“This case is an example of the hard work and diligence over the course of many years on behalf of the FBI and our federal partners to ensure those who would threaten our national security will be brought to justice,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office. “Without the support and actions of the Republic of Georgia, it is possible Mr. Ansari would not have had to face the consequences of his actions, so we are grateful and thankful for their help.”
“This case reaffirms Homeland Security Investigations’ (HSI) resolve and commitment in securing the homeland by targeting foreign actors attempting to procure sensitive technology by exploiting the U.S. export laws,” said Acting Special Agent in Charge Craig Larrabee for the HSI San Antonio Field Office. “This effort reflects the commitment of U.S. law enforcement to identify, investigate, and apprehend criminals regardless of where they are in the world and bring these individuals to justice. HSI will continue to work with its law enforcement and government partners to address critical vulnerabilities which threaten the country’s national security.”
“Today's outcome demonstrates the steadfast collaboration and determination by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our investigative partners to ensure sensitive DoD technologies do not reach the hands of our adversaries,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office. “The safety and well-being of the warfighter is our highest priority, and we remain committed to safeguarding those technologies to maintain our competitive advantage on the battlefield.”
“Today's outcome demonstrates the steadfast collaboration and determination by the Department of Defense Office of Inspector General, Defense Criminal Investigative Service (DCIS) and our investigative partners to ensure sensitive DoD technologies do not reach the hands of our adversaries,” said Special Agent in Charge Michael Mentavlos, DCIS Southwest Field Office. “The safety and well-being of the warfighter is our highest priority, and we remain committed to safeguarding those technologies to maintain our competitive advantage on the battlefield.”
“This sentencing is the result of a highly successful joint investigative effort with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Texas,” said Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Houston Office. “OEE is fully committed to protecting national security by disrupting efforts by our adversaries to violate U.S. export controls and procure sensitive military technology.”
On May 7, 2021, a San Antonio federal jury convicted Ansari of one count of conspiracy to violate the Iranian Transaction Regulations (ITR), one count of conspiracy to commit wire fraud, one count of conspiracy to defraud the U.S. Department of the Treasury and two counts of aiding and abetting the making of false statements. Evidence presented during trial revealed that Ansari attempted to transship testing equipment obtained from the U.S. by co-defendants Taiwanese citizen Susan Yip, aka Susan Yeh, and Iranian citizen Mehrdad Foomanie, aka Frank Foomanie, using Ansari’s companies, Gulf Gate Sea Cargo L.L.C. and Global Merchant L.L.C., located in Dubai, United Arab Emirates.
From Oct. 9, 2007 to June 15, 2011, Yip and Foomanie obtained or attempted to obtain from companies worldwide over 105,000 parts valued at approximately $2,630,800 involving more than 1,250 transactions. The defendants conducted 599 transactions with 63 different U.S. companies in which they obtained or attempted to obtain parts from U.S. companies without notifying the U.S. companies these parts were being shipped to Iran or getting the required U.S. government license to ship these parts to Iran. The defendant’s main role was to get one particular set of parts from a Central Texas company that was key for the Iranian government’s testing of all other parts.
At no time did Yip, Foomanie or Ansari, individually or through any of their companies, ever apply for or receive either a required U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) license or Department of Commerce export license to ship any item listed in this indictment to the Republic of Iran.
Iranian Transaction Regulations prohibit, among other things, the exportation, re-exportation, sale or supply, directly or indirectly, to Iran or the Government of Iran, of any goods, technology or services from the U.S. or by a U.S. person. The embargo also prohibits any transaction by any U.S. person or within the U.S. that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Executive Orders.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; U.S. Attorney Ashley C. Hoff for the Western District of Texas; Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentalvos of Defense Criminal Investigative Service (DCIS) Southwest Field Office; and Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security’s Office of Export Enforcement, Dallas Field Office made today’s announcement.
In October 2012, Yip was sentenced to two years in federal prison after pleading guilty to conspiring to violate the ITR by acting as a broker and conduit for Foomanie to buy items in the U.S. and have them unlawfully shipped to Iran. Mehrdad Foomanie remains a fugitive.
FBI, HSI, the Department of Commerce, Bureau of Industry and Security and the Defense Criminal Investigative Service investigated this case.
Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stevenson prosecuted this case.
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Iranian National Sentenced for Illegally Exporting Military Sensitive ItemsRead the Press Release
An Iranian national was sentenced today to 63 months in prison followed by three years of supervised release for violating the International Emergency Economic Powers Act (IEEPA).
Mehrdad Ansari, 40, a resident of the United Arab Emirates and Germany, was convicted by a federal jury in May 2021 for his role in a scheme to obtain military sensitive parts for Iran in violation of the Iranian Trade Embargo. In coordination with his co-conspirators, Ansari obtained and attempted to obtain parts that had dual-use military and civilian capability and could be used in such systems as nuclear weapons, missile guidance and development, secure tactical radio communications, offensive electronic warfare, military electronic countermeasures (radio jamming) and radar warning and surveillance systems. The equipment Ansari helped try to obtain could be used to test these other weapon systems.
“Ansari and his co-conspirators attempted to profit from a far-reaching, extensive scheme to evade U.S. sanctions on Iran. They repeatedly lied to numerous U.S. suppliers and illegally obtained very sensitive dual-use items,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. “As demonstrated by this prosecution, DOJ pursues those who threaten U.S. national security, even years after their original crimes.”
“The Iranian Trade Embargo serves an important purpose in the protection of the United States and our allies,” said U.S. Attorney Ashley C. Hoff for the Western District of Texas. “As prosecutors tasked with enforcing federal law, we will continue to identify, investigate and pursue violations of the IEEPA.”
“Those who are contemplating violating U.S. laws designed to keep sensitive technology out of the hands of our adversaries should take note; the FBI has a long memory and will engage with all its partners, including those overseas, to bring subjects to justice,” said Assistant Director Alan E. Kohler Jr. of the FBI’s Counterintelligence Division. “We urge anyone with information about violations of sanctions on Iran to contact the FBI.”
“This case is an example of the hard work and diligence over the course of many years on behalf of the FBI and our federal partners to ensure those who would threaten our national security will be brought to justice,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office. “Without the support and actions of the Republic of Georgia, it is possible Mr. Ansari would not have had to face the consequences of his actions, so we are grateful and thankful for their help.”
“This case reaffirms Homeland Security Investigations’ (HSI) resolve and commitment in securing the homeland by targeting foreign actors attempting to procure sensitive technology by exploiting the U.S. export laws,” said Acting Special Agent in Charge Craig Larrabee for the HSI San Antonio Field Office. “This effort reflects the commitment of U.S. law enforcement to identify, investigate, and apprehend criminals regardless of where they are in the world and bring these individuals to justice. HSI will continue to work with its law enforcement and government partners to address critical vulnerabilities which threaten the country’s national security.”
“This sentencing is the result of a highly successful joint investigative effort with our law enforcement partners and the U.S. Attorney’s Office for the Western District of Texas,” said Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security, Office of Export Enforcement (OEE) Houston Office. “OEE is fully committed to protecting national security by disrupting efforts by our adversaries to violate U.S. export controls and procure sensitive military technology.”
On May 7, a San Antonio federal jury convicted Ansari of one count of conspiracy to violate the Iranian Transaction Regulations (ITR), one count of conspiracy to commit wire fraud, one count of conspiracy to defraud the U.S. Department of the Treasury and two counts of aiding and abetting the making of false statements. Evidence presented during trial revealed that Ansari attempted to transship testing equipment obtained from the U.S. by co-defendants Taiwanese citizen Susan Yip, aka Susan Yeh, and Iranian citizen Mehrdad Foomanie, aka Frank Foomanie, using Ansari’s companies, Gulf Gate Sea Cargo LLC and Global Merchant LLC, located in Dubai, United Arab Emirates.
From Oct. 9, 2007 to June 15, 2011, Yip and Foomanie obtained or attempted to obtain from companies worldwide over 105,000 parts valued at approximately $2,630,800 involving more than 1,250 transactions. The defendants conducted 599 transactions with 63 different U.S. companies in which they obtained or attempted to obtain parts from U.S. companies without notifying the U.S. companies these parts were being shipped to Iran or getting the required U.S. government license to ship these parts to Iran. The defendant’s main role was to get one particular set of parts from a Central Texas company that was key for the Iranian government’s testing of all other parts.
At no time did Yip, Foomanie or Ansari, individually or through any of their companies, ever apply for or receive either a required U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) license or Department of Commerce export license to ship any item listed in this indictment to the Republic of Iran.
Iranian Transaction Regulations prohibit, among other things, the exportation, re-exportation, sale or supply, directly or indirectly, to Iran or the Government of Iran, of any goods, technology or services from the U.S. or by a U.S. person. The embargo also prohibits any transaction by any U.S. person or within the U.S. that evades or avoids, or has the purpose of evading or avoiding, any prohibition set forth in the Executive Orders.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; U.S. Attorney Ashley C. Hoff for the Western District of Texas; Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office; Acting Special Agent in Charge Craig Larrabee of Homeland Security Investigations (HSI); Special Agent in Charge Michael Mentalvos of Defense Criminal Investigative Service (DCIS) Southwest Field Office; and Acting Special Agent in Charge Trey McClish of the U.S. Commerce Department’s Bureau of Industry and Security’s Office of Export Enforcement, Dallas Field Office made today’s announcement.
In October 2012, Yip was sentenced to two years in federal prison after pleading guilty to conspiring to violate the ITR by acting as a broker and conduit for Foomanie to buy items in the U.S. and have them unlawfully shipped to Iran. Mehrdad Foomanie remains a fugitive.
FBI, HSI, the Department of Commerce, Bureau of Industry and Security and the Defense Criminal Investigative Service investigated this case.
Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stevenson prosecuted this case.
Inmate at USP Lee Sentenced for Assault, Possessing a Weapon in PrisonRead the Press Release
ABINGDON, Va. – An inmate at USP Lee in Jonesville, Virginia was sentenced last week to 72 months for assaulting another inmate and for unlawfully possessing a weapon inside the prison.
According to court documents, Murray Plentywoods, 34, possessed a weapon inside the prison and committed an assault on May 11, 2020.
Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia made the announcement.
The investigation of the case was conducted by the Federal Bureau of Prisons.
Special Assistant U.S. Attorney Christine M. Hummert prosecuted the case for the United States.
Homestead Man Sentenced for Role in Braddock-Area Drug CaseRead the Press Release
PITTSBURGH, PA - A resident of Homestead, Pennsylvania, has been sentenced in federal court to time served and two years of supervised release with 180 days home confinement, on his conviction of narcotics trafficking, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge Arthur J. Schwab imposed the sentence on Thomas Dwyer, age 43.
According to information presented to the court, the Greater Pittsburgh Safe Streets Task Force conducted a long-term investigation of drug trafficking occurring in and around the Braddock section of Pittsburgh. In January of 2019, investigators obtained authorization to conduct a federal wire investigation, which continued through May of 2019. Dwyer admitted that he obtained heroin, which he then distributed, from James Wells. Wells, a SCO gang member, has already pleaded guilty in this case, admitting by way of his guilty plea that he was a heroin trafficker in and around the Braddock area.
Assistant United States Attorney Rebecca L. Silinski prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the multi-agency team, which was led by the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Dwyer. Partners in this investigation included the Drug Enforcement Administration, Bureau of Alcohol Tobacco Firearms and Explosives, United States Marshals Fugitive Task Force, Allegheny County Sheriff’s Office, Allegheny County Police Department, Pennsylvania State Police, Pennsylvania Attorney General’s Office Bureau of Narcotics, and the Pittsburgh Bureau of Police. Other assisting agencies include the Monroeville Police Department, Penn Hills Police Department, Wilkinsburg Police Department, and Allegheny County Adult Probation.
This case is part of the Organized Crime Drug Enforcement Task Force program, known as OCDETF. OCDETF was established in 1982 to support comprehensive investigations and prosecutions of major drug trafficking and money laundering organizations. It is the keystone of the drug reduction strategy of the Department of Justice. By combining the resources and expertise of federal agencies and their state and local law enforcement partners, OCDETF identifies, disrupts, and dismantles the most serious drug trafficking, money laundering, and transnational criminal organizations.
Hobart Man ChargedRead the Press Release
HAMMOND- Sergio Gutierrez, age 49, of Hobart, Indiana, has been charged by way of an Indictment with mail fraud, announced Acting U.S. Attorney Tina L. Nommay.
According to documents in this case, it is alleged that Sergio Gutierrez devised a scheme that began around or about May 2015 and continued through December 2019 to defraud the Lake County Auditor’s Office by using other individuals to purchase properties through the Lake County Commissioners’ tax sales when Gutierrez, himself, was prohibited from doing so. The scheme enabled Gutierrez to obtain property without paying delinquent property taxes. As part of that scheme, Gutierrez caused notice to be deposited in the United States Mail, in violation of the federal mail fraud statute.
The United States Attorney’s Office emphasizes that an indictment is merely an allegation, and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Abizer Zanzi.
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Hammond Man Sentenced to 117 Months of ImprisonmentRead the Press Release
HAMMOND-Salvador Alvin, 26, of Hammond, Indiana, was sentenced by U.S. District Court Judge Philip P. Simon following his guilty plea to possessing with intent to distribute cocaine and possessing a firearm in furtherance of a drug trafficking crime, announced Acting United States Attorney Tina L. Nommay.
Alvin was sentenced to 117 months imprisonment and 3 years of supervised release.
According to documents filed in the case, between May and December 2019 in Hammond, Indiana, Alvin sold multiple ounces of cocaine and three firearms to a confidential informant. Law enforcement then executed a search warrant on Alvin’s Hammond residence in December 2019 and recovered approximately five ounces of cocaine which Alvin intended to distribute and a firearm that Alvin possessed in furtherance of his drug trafficking offense. Alvin has a prior felony conviction for criminal recklessness.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Hammond Police Department. This case was prosecuted by Assistant U.S. Attorney Caitlin M. Padula.
Green Bay Man Sentenced to Ten Years of Imprisonment for Methamphetamine and Firearm OffensesRead the Press Release
Acting United States Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on September 13, 2021, John Yang (age: 32), of Green Bay, Wisconsin, was sentenced to a total of ten years in federal prison for possessing with the intent to distribute over five grams of actual methamphetamine and for possessing a firearm in furtherance of his drug crime.
According to court records, in the early morning hours of November 23, 2020, Yang was a passenger in a vehicle stopped by Green Bay Police. While exiting the vehicle Yang struggled with officers causing a loaded firearm to fall from Yang’s waistband. He was subsequently discovered to be in possession of methamphetamine, marijuana, and paraphernalia indicative of drug distribution. Yang later entered guilty pleas to two federal offenses related to his conduct.
In pronouncing sentence, Senior U.S. District Judge William C. Griesbach noted the serious nature of Yang’s offense, his poor criminal history, and the need to send a strong message of deterrence to Yang and anyone else who might attempt to distribute drugs in Northeast Wisconsin. The judge ordered Yang’s incarceration in federal prison for a term of ten years to be followed by five years of supervised release.
The case was investigated by the Green Bay Police Department. It was prosecuted by Assistant United States Attorneys Timothy W. Funnell and Daniel R. Humble.
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Grant County man admits to firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – Jeremiah Lincoln Seib, of Petersburg, West Virginia, has admitted to a firearms charge, Acting U.S. Attorney Randolph J. Bernard announced.
Seib, 42, pleaded guilty today to one count of “Unlawful Possession of a Firearm.” Seib, a person prohibited from having firearms because of a robbery conviction, admitted to having a .380 caliber semi-automatic pistol in December 2020 in Grant County.
Seib faces up to 10 years of incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.
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Ghanaian National Sentenced for Online Romance Fraud SchemeRead the Press Release
NORFOLK, Va. – A Ghanaian national was sentenced on Friday to 40 months in prison for wire fraud as part of his scheme to defraud victims on a dating website.
“The defendant repeatedly and shamelessly defrauded a recently widowed victim through a variety of manipulative tactics, leaving her in financial ruins,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “As this case demonstrates, reporting these scams to law enforcement helps us uncover the fraud schemes and bring scammers, like this defendant, to justice.”
According to court documents, Richard Yaw Dorpe, 38, posed as a single, 57-year-old man from Virginia Beach on “OurTime,” an online dating website for people over 50 years old. Dorpe purported to be a jeweler who was traveling abroad to buy gold and other jewelry before returning home to Virginia Beach. Dorpe met victim E.F., who was a 68-year-old recent widow from Chesapeake, on the website and started an online romantic relationship. Between August 2016 and January 2017, through his romantic manipulations, Dorpe convinced E.F. to send clothes, jewelry, a computer, a watch, and over $300,000 to him. Eventually, E.F. realized she was a victim of a scam, and was contacted by the FBI.
In January, Ghana approved the United States’ extradition request and the FBI brought Dorpe to the Eastern District of Virginia to face charges. Dorpe pleaded guilty to wire fraud in May.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen.
Valuable assistance concerning the extradition of Dorpe from Ghana to the United States was provided by Ghana’s Economic and Organized Crime Office, the Ghana Police Service, the International Criminal Police Organization (INTERPOL), the National Security Agency of Ghana, and the Ministry of Justice and Attorney General’s Office of Ghana. Additional valuable assistance was provided by the FBI Legal Attaché Office, the DEA Country Liaison, the Regional Security Office, and staff at the U.S. Embassy in Accra, Ghana. The Justice Department’s Office of International Affairs also provided significant assistance in securing his extradition from Ghana.
Assistant U.S. Attorney Elizabeth Yusi prosecuted the case.
Combatting elder abuse and financial fraud targeted at seniors is a key priority of the Department of Justice. Elder abuse is an intentional or negligent act by any person that causes harm or a serious risk of harm to an older adult. It is a term used to describe five subtypes of elder abuse: physical abuse, financial fraud, scams and exploitation, caregiver neglect and abandonment, psychological abuse, and sexual abuse. Elder abuse is a serious crime against some of our nation’s most vulnerable citizens, affecting at least 10 percent of older Americans every year. Together with our federal, state, local, and tribal partners, the Department of Justice is steadfastly committed to combatting all forms of elder abuse and financial exploitation through enforcement actions, training and resources, research, victim services, and public awareness. This holistic and robust response demonstrates the Department’s unwavering dedication to fighting for justice for older Americans.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:19-cr-53.
Four Defendants Charged in $2.2M Unemployment Fraud CaseRead the Press Release
DETROIT - Four defendants have been charged via criminal complaint for their roles in a large-scale Unemployment Insurance benefit fraud scheme, announced Acting United States Attorney Saima S. Mohsin.
Joining in the announcement were Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General, Special Agent-in-Charge Timothy Waters, Federal Bureau of Investigation, Andre Martin, Special Agent-in-Charge, U.S. Postal Service Office of Inspector General, and Rita Saenz, Director of the California Employment Development Department.
The complaint charges Daeshawn Tamar Posey, 25, of Detroit; Chaz Duane Shields, 33, of Detroit; Cortney Shaquan Shields, 30, a current federal prisoner incarcerated at FCI Allenwood; and Brittany Levett Witherspoon, 25, of Warren, with mail fraud, wire fraud, aggravated identity theft, and conspiracy to commit mail and wire fraud. Posey and Witherspoon were arrested today in the metro Detroit area; Chaz Shields was arrested yesterday in the Boston area; and Cortney Shields remains in the custody of the Bureau of Prisons (BOP).
According to the complaint, Posey, Chaz Shields, Cortney Shields, and Witherspoon are responsible for filing over 240 claims for fraudulent unemployment insurance benefits across at least 20 states and territories, causing more than $725,000 in losses to the state of Michigan and more than $1,500,000 in losses to the state of California. The complaint alleges that Posey, Chaz Shields, and Witherspoon all filed a number of claims in both their own names, and the names of numerous other individuals. All three are also alleged to have filed claims using other people’s Social Security Numbers, without those individuals’ authorization. Claims were also filed in Cortney Shields’ name, while Shields was already in BOP custody and thus ineligible to receive benefits.
The complaint further alleges that all four individuals, including Cortney Shields, received benefits deposited into a variety of bank accounts, some connected to pre-paid debit cards. Cortney Shields also received large cash deposits from the other charged individuals into his BOP commissary account. The complaint also alleges that Cortney Shields, while in prison, exchanged messages with other coconspirators, facilitating the passing of other individuals’ personally identifiable information (PII) to enable the submission of additional fraudulent UI claims.
The complaint also alleges that Posey and Chaz Shields acquired multiple luxury vehicles and purchased these vehicles with a combination of cash, and fraudulently obtained unemployment insurance benefits.
“Taxpayer money diverted into the pockets of criminals means less money going to Michiganders who need help getting through this difficult time,” said Acting US Attorney Mohsin. “These arrests reflect our ongoing commitment to investigating these schemes and bringing the people who commit these crimes to justice.”
"An important mission of the Office of Inspector General is to investigate allegations relating to unemployment insurance fraud. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
"The FBI and its law enforcement partners will continue to devote significant resources to prevent unemployment insurance fraud and to hold accountable those who have already stolen taxpayer dollars meant for out-of-work Americans," said Timothy Waters, Special Agent in Charge of the FBI's Detroit Field Office.
Special Agent-in-Charge Andre Martin, Great Lakes Area Field Office, U.S. Postal Service Office of Inspector General said, “Today’s charges represent our commitment to work with our law enforcement partners to maintain the integrity and trust in the U.S. Postal Service and critical benefit programs.”
The California Employment Development Department appreciates our strong partnership with United States Attorney Saima S. Mohsin and her team of skilled prosecutors,” said EDD Director Rita Saenz. “This investigation shows the power of state and federal agencies joining forces to hold fraud suspects accountable and protect this vital safety net program for hard hit workers and their families.”
A complaint is only a charge and is not evidence of guilt. Trial cannot be held on felony charges in a complaint. When the investigation is completed, a determination will be made whether to seek a felony indictment.
This is case is being prosecuted by Assistant United States Attorneys Ryan A. Particka, Timothy J. Wyse, and Special Assistant United States Attorney Corinne M. Lambert. The investigation is being conducted jointly by agents from the Department of Labor Office of the Inspector General, the Federal Bureau of Investigation, and the United States Postal Service Office of the Inspector General.
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.
Former Pittsburgh Drug Felon Sentenced to 15 Years in Federal PrisonRead the Press Release
PITTSBURGH, PA – A former Pittsburgh resident has been sentenced in federal court to 15 years of imprisonment on his conviction of violating the federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Marilyn J. Horan imposed the sentence on Nathaniel Thomas, 40, formerly of Pittsburgh, PA.
According to information presented to the Court, in April 2019, the Pennsylvania State Police Drug Law Enforcement Division began an investigation into heroin, fentanyl, and cocaine distribution by Thomas. As part of that investigation, agents obtained a federal search warrant for Thomas’s residence on Coleridge Street in Pittsburgh, which was executed on May 29, 2019. Inside of Thomas’s bedroom, agents seized approximately 158 “bricks” – the equivalent of roughly 7,900 individual dosage units – containing mixtures of fentanyl, acetyl fentanyl (an analogue of fentanyl) and heroin. Agents also found roughly 40 grams of cocaine and a digital scale containing a white powder residue in the same area. Thomas admitted that he possessed those scheduled narcotics intending to distribute them.
In a related filing, the Government advised the Court that Thomas has a prior conviction for a serious drug felony offense arising out of the Court of Common Pleas of Allegheny County, and that the enhanced penalties set forth in the federal narcotics laws should be applied. The Court found that the enhanced penalties applied to Thomas and sentenced him to serve 15 years imprisonment followed by 10 years of federal supervised release. Thomas remains in the custody of the United States Marshals Service pending transfer to a federal Bureau of Prisons facility to begin serving his sentence of imprisonment.
Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Pennsylvania State Police Drug Law Enforcement Division for the investigation leading to the successful prosecution of Thomas.
Former Owners of Two Illicit Massage Parlors Charged with COVID-Relief FraudRead the Press Release
BOSTON – Two former owners of massage parlors have been charged in connection with filing for and obtaining fraudulent pandemic-related loans under the Coronavirus Aid, Relief and Economic Security (CARES) Act for their respective illicit businesses where workers engaged in commercial sex acts with customers.
Chynna Savath, 56, of Woonsocket, R.I., was charged with two counts of wire fraud. Savath is the former owner of Thai Body Work, a massage parlor in Franklin.
According to the charging documents, in June 2020, Savath submitted fraudulent applications to the Small Business Administration (SBA) for COVID-19 relief through the Paycheck Protection Program (PPP) and Economic Injury Disaster Loans (EIDL) program under the CARES Act. In the applications, Savath falsely certified that the applicant was not engaged in any illegal activity, despite knowing that her employees at Thai Body Work engaged in prostitution with customers and collected a portion of fees paid by each customer. In total, Savath obtained $29,646 in fraudulent payments from the EIDL and PPP loan programs.
Aticha Jittaphol, 32, of Brighton, was charged separately with two counts of making false statements in federal loan applications. Jittaphol is the former owner of Mantra Dhevi Spa in Brighton.
According to the charging documents, in March and April of 2020, Jittaphol submitted fraudulent applications for EIDL and PPP loans in which she falsely stated that the applicant was not engaged in any illegal activity. However, her employees at Mantra Dhevi Spa engaged in prostitution from which she collected a portion of fees paid by each customer. Jittaphol also actively promoted the prostitution by recruiting employees and attracting new customers. In total, Jittaphol obtained $7,066 in fraudulent payments from the EIDL and PPP loan programs.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000. The charge of making false statements provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Boston Police Acting Commissioner Gregory Long made the announcement. Special assistance was provided by the Cambridge, Boston, Franklin and Lexington Police Departments. Assistant U.S. Attorney Elysa Wan of Mendell’s Criminal Division and Suffolk County Assistant District Attorneys Alyssa Tochka and Luke Goldworm, who were appointed as Special Assistant U.S. Attorneys, are prosecuting the cases.
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.
The details contained in the court documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Movie Producer Sentenced to 13 Years in Prison for Role in Financing Fraud SchemeRead the Press Release
Miami, Florida – A self-described film financier was sentenced today to 156 months’ imprisonment for orchestrating a scheme to steal over $60 million from investors and producers seeking financing for movies and Broadway shows.
Benjamin Forrest McConley, 39, of Miami, previously admitted his role in running a sophisticated movie financing fraud scheme. McConley pled guilty to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349 (Case No. 19-CR-20447-Singhal).
McConley held himself out as a film producer and financier. In that role, McConley offered to provide financing to investors and producers seeking funds to produce motion pictures, theater performances, and other projects. McConley promised the victims that, in exchange for the victims’ cash contributions, McConley would “match” the contributions and use the combined funds to secure financing from financial institutions in South Florida and elsewhere.
A bank employee recruited by McConley, Benjamin Rafael, furthered the scheme by deceiving victims about the security of their funds. During the course of the scheme, Rafael was directed to falsely assure victims that their contributions or loans had been “matched” as promised in the funding agreements.
Victims lost millions of dollars based on these false representations and promises. The victims’ contributions were never “matched” the victims’ funds, as promised in the funding agreements. Instead, McConley stole victims’ money by transferring the funds to personal and corporate bank accounts, often within days of the victims’ contributions or loans. He spent the money on victims’ money on luxury automobiles, personal watercraft, real estate, stocks, jewelry, home furnishings, designer clothes, hotel accommodations, and private and commercial air travel.
In addition to the sentence of 156 months’ imprisonment, McConley was ordered to pay restitution to the victims, forfeit money and real estate traceable to the fraud scheme, and serve a term of supervised release of three years. The Court also entered a $69,000,000.00 forfeiture money judgment against McConley.
Co-defendant Rafael previously pled guilty and was sentenced to a combined 42 months’ imprisonment for his involvement in the scheme, as well as another case involving Paycheck Protection Program (“PPP”) loans he obtained through fraud. Co-defendant Jason Van Eman is scheduled for trial on March 14, 2022. The indictment against Van Eman contains allegations and he is innocent until proven guilty by a reasonable doubt in a court of law.
Juan Antonio Gonzalez, Acting U.S. Attorney for the Southern District of Florida, and Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, made the announcement.
FBI Miami Field Office. The case is being prosecuted by Assistant U.S. Attorneys Christopher Browne and Elizabeth Young. Assistant U.S. Attorney Marx Calderon is responsible for the asset forfeiture component of the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
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Former Inmate Sentenced to 43 Months in Prison for Role in Scheme to use Drones to Smuggle Contraband into Federal Correctional Facility at Fort DixRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man was sentenced today to 43 months in prison for his role in a conspiracy to use drones to smuggle contraband, including cell phones and tobacco, into the federal correctional facility at Fort Dix, and for possessing with intent to distribute heroin and fentanyl, Acting U.S. Attorney Rachael A. Honig announced.
Jason Arteaga-Loayza, aka “Juice,” 30, of Jersey City, New Jersey, a former inmate at Fort Dix, previously pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiracy to defraud the U.S. Bureau of Prisons and one count of possession of heroin and fentanyl with the intent to distribute. Arteaga-Loayza, who was on federal supervised release at the time of the offenses, also pleaded guilty to violating his supervised release. Judge Wigenton imposed the sentence today by videoconference.
Three other men, Adrian Goolcharran, aka “Adrian Ahoda,” aka “Adrian Ajoda,” aka “Adrian Ajodha,” Nicolo Denichilo, and Johansel Moronta also have been charged with using drones to smuggle contraband into Fort Dix prison.
According to the documents filed in this case and statements made in court:
Arteaga-Loayza, an inmate at Fort Dix from June 2017 to September 2018, participated in multiple drone deliveries of contraband into Fort Dix after his release from prison. Between October 2018 and June 2019, Arteaga-Loayza arranged for Goolcharran, with Denichilo’s assistance, to fly drones over Fort Dix and drop packages of contraband into the prison, where it was sold to inmates for a profit. The packages that Arteaga-Loayza smuggled in included cell phones, cell phone accessories, tobacco, weight-loss supplements, eyeglasses, and various other items. Arteaga-Loayza, with Moronta’s assistance inside of the prison, took inmate requests for specific items of contraband and oversaw the collection of payments. Arteaga-Loayza also collected contraband for upcoming drone drops and stored it at his residence in Jersey City.
Arteaga-Loayza and his conspirators took various steps to prevent BOP officials from detecting and intercepting the contraband. They planned drone drops during the late evening hours or at night, when the drones were less likely to be seen. They flew the drones from concealed positions in the woods surrounding the prison. The lights on the drones were covered with tape to make it more difficult for prison officials to spot them.
Arteaga-Loayza and his conspirators used cell phones, including contraband phones concealed within the prison, to coordinate the drone drops. A contraband cell phone used by Moronta, who was an inmate at Fort Dix, contained text messages with Arteaga-Loayza about the collection of profits from the sale of the contraband inside of the prison. In one exchange, for instance, Moronta messaged Arteaga-Loayza about an inmate, “Ok so I am tell him 10 phones and 100 baco (tobacco) he has to pay 10 bands and 500 on each phone?” Arteaga-Loayza responded, “And well even give him an ounce of weed tell him.” One of Arteaga-Loayza’s cell phones contained messages between him and Goolcharran coordinating drone drops. For example, in April 2019, Arteaga-Loayza sent Goolcharran marked-up aerial photos of Fort Dix to show Goolcharran where to drop the contraband. In another exchange, Arteaga-Loayza sent Goolcharran a message asking, “U think that u cud do something 2m.” Goolcharran replied, “2m too windy 20mph.”
During a search of Arteaga-Loayza’s residence in June 2019, agents found packages of empty cell phone boxes, including a package with empty cell phone boxes that had been shipped to Arteaga-Loayza the day before a drone drop on Oct. 30, 2018, cell phone chargers, empty boxes of SIM cards, and several cell phones. They also found bags of Bugler tobacco, consistent with the Bugler tobacco recovered in earlier drone drops. Arteaga-Loayza also had a suitcase in his bedroom that contained his driver’s license, 20 packets of Suboxone Sublingual Film, a prescription opiate, and a plastic bag containing over 21 grams of a substance containing heroin and fentanyl. Following the search of his home, Arteaga-Loayza moved from his home and did not inform his probation officer of his whereabouts.
In addition to the prison term, Judge Wigenton also sentenced Arteaga-Loayza to three years of supervised release.
Acting U.S. Attorney Honig credited agents of the U.S. Department of Justice Office of the Inspector General, Cyber Investigations Office, under the direction of Special Agent in Charge Keith A. Bonanno; the U.S. Air Force Office of Special Investigations, Detachment 307, under the direction of Commander Nicholas Kaplan; and the U.S. Department of Transportation Office of Inspector General, Northeast Region, under the direction of Acting Special Agent in Charge Christopher Scharf, with the investigation leading to today’s sentencing.
She also thanked Federal Bureau of Prisons personnel at Fort Dix, under the direction of Warden Lamine N’Diaye; special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; special agents of the U.S. Attorney’s Office, under the direction of Special Agent in Charge Thomas J. Mahoney; officers with the Pemberton Borough Police Department, under the direction of Chief Edward Hunter; officers of the Pemberton Township Police Department, under the direction of Chief David King; and officers of the Chesterfield Township Police Department, under the direction of Chief Kyle Wilson, for their assistance.
The government is represented by Assistant U.S. Attorneys Jeffrey J. Manis and Cari Fais of the U.S. Attorney’s Office in Newark.
The charges and allegations contained in the criminal complaints issued against the remaining defendants are merely accusations, and they are presumed innocent unless and until proven guilty.
Florida Residents Charged with Conspiring to Violate Iran Sanctions, Other CrimesRead the Press Release
Miami, Florida -- Three Florida residents have been charged in federal district court in Miami with crimes related to alleged violations of U.S. sanctions on Iran, as well as money laundering.
Defendants Mohammad Faghihi, 52, his wife Farzeneh Modarresi, 53, and his sister Faezeh Faghihi, 50, operated Florida company Express Gene. According to the criminal complaint affidavit, between October 2016 and November 2020, Express Gene received numerous wire transfers from accounts in Malaysia, the People’s Republic of China, Singapore, Turkey, and the United Arab Emirates, totaling almost $3.5 million. It is alleged that some of the money received was used by Express Gene and its principals to purchase genetic sequencing equipment from U.S. manufacturers and ship them to Iran without a license from the Department of the Treasury, Office of Foreign Assets Control (OFAC) to export the machines, despite sanctions on Iran. The incoming money also was used by F. Faghihi and Modarresi to fund the 2019 purchase of the Express Gene property, says the affidavit.
On Feb. 20, 2021, Faghihi arrived at Miami International Airport from Iran, where he was inspected by Customs and Border Protection (CBP) officers. According to the charging documents, during his inspection, Faghihi made false statements, including that he did not practice his profession in Iran or conduct any type of research in Iran. In fact, Faghihi was the director of a laboratory within Shiraz University of Medical Science in Iran bearing his name: “Dr. Faghihi’s Medical Genetic Center,” says the affidavit. In addition, his luggage contained 17 vials of unknown biological substances covered with ice packs and concealed beneath bread and other food items, according to the affidavit. All the vials were subject to regulations.
From approximately 2013 to approximately 2020, Faghihi was an Assistant Professor at the Department of Psychiatry & Behavioral Sciences at the University of Miami (UM), Miller School of Medicine. During this period, he was the principal investigator on several National Institute of Health (NIH) grants awarded in February 2013, December 2016, and June 2017. It is alleged that Express Gene and Faghihi received large deposits from international wires during this period and that Faghihi failed to disclose them UM or NIH, as required.
Defendants made their initial federal court appearances today. Their pretrial detention hearings will take place tomorrow, September 15, at 10:00 a.m. in federal magistrate court in Miami.
All defendants are charged with conspiring to commit an offense against the United States and conspiring to commit money laundering. Faghihi and Modarresi also were charged with the unlawful exports of goods to Iran, and smuggling goods out of the United States. Faghihi and F. Faghihi were charged with smuggling goods into the United States and making false statements. Faghihi was further charged with wire fraud.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida; Special Agent in Charge George Piro of the FBI’s Miami Field Office; and Vernon Foret, Director, Customs and Border Protection (CBP) Miami Field Office made the announcement.
FBI Miami and CBP Florida are investigating the case. The University of Miami provided invaluable assistance.
Assistant U.S. Attorney Michael Thakur and Senior Litigation Counsel Randy Hummel of the Southern District of Florida and Trial Attorney Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov under case number 21-mj-03823.
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Florida Residents Charged with Conspiring to Violate Iran Sanctions, Other CrimesRead the Press Release
Three Florida residents have been charged in federal district court in Miami with crimes related to their alleged violations of U.S. sanctions on Iran, and money laundering.
Defendants Mohammad Faghihi, 52, his wife Farzeneh Modarresi, 53, and his sister Faezeh Faghihi, 50, operated Florida company Express Gene. According to the criminal complaint affidavit, between October 2016 and November 2020, Express Gene received numerous wire transfers from accounts in Malaysia, the People’s Republic of China, Singapore, Turkey, and the United Arab Emirates, totaling almost $3.5 million. It is alleged that some of the money received was used by Express Gene and its principals to purchase genetic sequencing equipment from U.S. manufacturers and ship them to Iran without a license from the Department of the Treasury, Office of Foreign Assets Control (OFAC) to export the machines, despite sanctions on Iran. The incoming money also was used by F. Faghihi and Modarresi to fund the 2019 purchase of the Express Gene property, says the affidavit.
On Feb. 20, Faghihi arrived at Miami International Airport from Iran, where he was inspected by Customs and Border Protection (CBP) officers. According to the charging documents, during his inspection by CBP officers, Faghihi made false statements, including that he did not practice his profession in Iran or conduct any type of research in Iran. In fact, according to the affidavit, Faghihi was the director of a laboratory within Shiraz University of Medical Science in Iran bearing his name: “Dr. Faghihi’s Medical Genetic Center,”. In addition, his luggage contained 17 vials of unknown biological substances covered with ice packs and concealed beneath bread and other food items, according to the affidavit. All the vials were subject to regulations.
From approximately 2013 to approximately 2020, Faghihi was an Assistant Professor at the Department of Psychiatry & Behavioral Sciences at the University of Miami (UM), Miller School of Medicine. During this period, he was the principal investigator on several National Institute of Health (NIH) grants awarded in February 2013, December 2016 and June 2017. It is alleged that Express Gene and Faghihi received large deposits from international wires during this period, but they were not disclosed as required to either UM or NIH’s financial conflict of interest reporting system.
Defendants made their initial federal court appearances today. Their pretrial detention hearings will take place tomorrow, Sept. 15, at 10:00 a.m. in federal magistrate court in Miami.
All defendants are charged with conspiring to commit an offense against the United States and conspiring to commit money laundering. Faghihi and Modarresi are also charged with the unlawful exports of goods to Iran, and smuggling goods out of the United States. Faghihi and F. Faghihi were charged with smuggling goods into the United States and making false statements. Faghihi is further charged with wire fraud.
Acting Assistant Attorney General Mark J. Lesko for the Justice Department’s National Security Division; Acting U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida; Special Agent in Charge George Piro of the FBI’s Miami Field Office; and Director Vernon Foret of Customs and Border Protection (CBP) Miami Field Office made the announcement.
FBI Miami and CBP Miami are investigating the case. The University of Miami provided invaluable assistance.
Assistant U.S. Attorney Michael Thakur and Senior Litigation Counsel Randy Hummel of the Southern District of Florida and Trial Attorney Menno Goedman of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Five-Time ‘Career Criminal’ Sentenced to 27 Years for Gun CrimeRead the Press Release
A five-time felon found guilty of a gun crime was sentenced today to 27 years in federal prison, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Following a two-day trial in March, a jury in Fort Worth convicted Abedel Sattar Alkheqani, 27, of being a felon in possession of a firearm and ammunition. He was sentenced Tuesday afternoon by Senior U.S. District Judge Terry R. Means.
Due to his multiple prior felony convictions, Mr. Alkheqani received a sentencing enhancement under the Armed Career Criminal Act, which raises the maximum penalty for offenders with three previous convictions for a violent felony or serious drug offense.
According to evidence presented at trial, Mr. Alkheqani was arrested in March 2020, after officers with the Arlington Police Department identified him as a suspect in a shooting that occurred in a residential neighborhood in Arlington, Texas.
Witnesses told law enforcement that the suspect exited a pickup truck, pistol in hand, and fired three times as the victim tried to flee. The victim was struck multiple times and hospitalized, but ultimately recovered.
Based on witnesses’ descriptions of the suspect’s truck as well as surveillance video, officers were able to locate the truck used in the shooting approximately a half-mile from the scene. They determined the truck was registered to Mr. Alkheqani and noted that he matched witnesses’ descriptions of the shooter.
When officers pulled Mr. Alkheqani over a few hours later, they discovered marijuana in his jacket pocket and arrested him for possession. He then gave written consent for officers to search his home and vehicle.
During the search of Mr. Alkheqani's truck, law enforcement recovered a single round of 9mm caliber ammunition, which matched the manufacturer and caliber of the shell casings recovered at the shooting scene. At his residence, they recovered a .22 caliber rifle beside his bed and a magazine containing ammunition for the rifle within arm’s reach.
Mr. Alkheqani told officers that the rifle was his wife’s, but in recorded jailhouse calls, Mr. Alkheqani asked his wife, “is my rifle still there?” before correcting himself and stating, “I mean your rifle.”
Forensic analysis later revealed that gunshot residue was recovered from Mr. Alkheqani’s body on the day of the shooting.
A query of Mr. Alkheqani's criminal history revealed five prior felony convictions, including four for burglary of a habitation – all offenses that made it a federal crime for him to possess a firearm or ammunition.
The Arlington Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division conducted the investigation. Assistant U.S. Attorneys Levi Thomas and Frank Gatto tried the case.
El Departamento de Justicia llega a un acuerdo en un caso de represalias en virtud del Título IV con el sistema de tribunales estatales de FloridaRead the Press Release
N.B.: Este comunicado de prensa ha sido traducido al español. Para visualizarlo en inglés, véase el anexo a continuación.
WASHINGTON – El Departamento de Justicia anunció un acuerdo conciliatorio con el sistema de tribunales estatales de Florida que resuelve una investigación y un hallazgo de represalias en virtud del Título VI de la ley de Derechos Civiles de 1964. Como parte del acuerdo, los tribunales estatales de Florida implementarán políticas y capacitación contra represalias y pagarán 160.000 $ por concepto de daños y perjuicios a un exempleado que fue víctima de represalias.
El acuerdo conciliatorio resuelve el hallazgo del Departamento de Justicia que el Séptimo Tribunal de Circuito Judicial de Florida tomó represalias contra el exempleado, en contra del Título VI, que prohíbe la discriminación por motivos de raza, color de piel o nacionalidad de origen por parte de beneficiarios de apoyo financiero federal y prohíbe las represalias contra individuos que participan en una actividad protegida al amparo del Título VI, tal como presentar una querella o participar en una investigación. El Departamento concluyó que, de manera ilegal, el Séptimo Tribunal de Circuito Judicial de Florida despidió al empleado por ayudar a un usuario del tribunal cuyo dominio del inglés era limitado (LEP, por sus siglas en inglés) y por ayudar a un defensor que presentó una querella ante el Departamento de Justicia al amparo del Título VI en relación con servicios de acceso lingüístico.
«Este acuerdo conciliatorio transmite un mensaje que aquellos que defienden los derechos civiles fundamentales, tales como el derecho al acceso significativo a nuestro sistema judicial, deben tener la posibilidad de hacerlo sin miedo de represalias», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles. «La División de Derechos Civiles seguirá investigando a fondo los alegatos de represalias contra personas que, con valentía, hacen frente a otros para hacerlos responsables de cumplir con las leyes que nosotros ejecutamos. Yo felicito al sistema de tribunales estatales de Florida por comprometerse a encargarse de estas represalias ilegales y a evitar su reaparición».
La ejecución del Título VI representa una de las prioridades principales de la División de Derechos Civiles. Para más información sobre la División de Derechos Civiles, vaya a su sitio web en www.justice.gov/crt-espanol y para más información sobre el dominio limitado del inglés y el Título VI, vaya a www.lep.gov. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
- El comunicado de prensa en inglés
- El acuerdo
- La carta de hallazgos
El Departamento de Justicia llega a un acuerdo con una compañía nacional de enseñanza de fútbol que resuelve un hallazgo de discriminación por motivos de estatus de ciudadaníaRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha firmado un acuerdo conciliatorio con Challenger Sports Corporation (Challenger), una compañía de enseñanza de fútbol que administra programas de fútbol por todo el país, radicada en Lenexa, Kansas.
El acuerdo resuelve la acusación del Departamento de que Challenger no consideró a postulantes que eran trabajadores en este país para puestos a tiempo completo de enseñanza de fútbol en Pennsylvania, Maryland y la zona norte de Virginia porque la compañía prefirió contratar a trabajadores con visas temporales.
Con base en su investigación independiente, el Departamento concluyó que en la primavera del 2019, la oficina de Challenger en Baltimore (1) no consideró a postulantes en este país para puestos a tiempo completo para enseñar fútbol porque Challenger supuso que, por motivos de su estatus de ciudadanía, trabajadores en este país no estarían interesados en los puestos; y (2) tenía previsto llenar las vacantes con trabajadores con visas estacionales que se conocen como visas H-2B. Conforme la ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés), los empleadores no pueden, por norma general, discriminar a trabajadores por motivos de su ciudadanía, estatus migratorio u origin nacional en ningún momento durante el proceso de contratación. Asimismo, el Departamento de Trabajo requiere que cualquier empleador que pida permiso para contratar a trabajadores H-2B contrate primero a todos los trabajadores cualificados y disponibles en este país que soliciten un puesto antes de la fecha límite relevante.
«Una compañía no puede decidir que va a ignorar solicitudes de trabajadores en este país debido a estereotipos sobre su disponibilidad para hacer ciertos tipos de trabajo o su deseo de reservar oportunidades laborales para personas con visas temporales», afirmó Kristen Clarke, la Fiscal Federal Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «Es injusto e ilegal negarse a considerar a trabajadores en este país para un puesto debido a su ciudadanía o estatus migratorio».
Conforme los términos del acuerdo conciliatorio, Challenger pagará $6.000 por concepto de sanciones civiles y creará un fondo para pagos retroactivos que asciende a $36.820 que pondrá a la disponibilidad de víctimas de discriminación elegibles. Por otra parte, Challenger cambiará sus políticas y procedimientos para que cumplen con la disposición antidiscriminatoria de la INA, capacitará a sus empleados en cuanto a los requisitos de esta ley antes de solicitar visas H-2B en el futuro y se someterá a los requisitos de supervisión del Departamento durante dos años, lo que incluye la entrega de informes rutinarias al Departamento.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación con base en el de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación. Aprenda más sobre las prohibiciones contra la discriminación por motivos de estatus de ciudadanía.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
District Woman Sentenced to Four Years in Federal Prison for Arson of Large Southeast Washington Apartment BuildingRead the Press Release
WASHINGTON –Laketia Hazelwood, 33, of Washington, D.C., has been sentenced to a four-year prison term for an arson that took place in June 2019 at Pennsylvania House, a 43-unit apartment building in Southeast Washington.
The announcement was made by Acting U.S. Attorney Channing D. Phillips, Charlie J. Patterson, Special Agent in Charge of the Washington Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Robert J. Contee III, Chief of the Metropolitan Police Department (MPD), and John A. Donnelly, Sr., Chief of the D.C. Fire and Emergency Medical Services Department.
Hazelwood pleaded guilty in May 2021 to one count of transporting an explosive with intent to damage property. She was sentenced on Sept. 2, 2021, by the Honorable Richard J. Leon in the U.S. District Court for the District of Columbia. Following her prison term, she will be placed on one year of supervised release.
According to the government’s evidence, on June 17, 2019, at approximately 10 p.m., Hazelwood poured gasoline into a plastic trash can liner and carried it into the lobby of Pennsylvania House, in the 3900 block of Pennsylvania Avenue SE. There, she tossed the gasoline-filled bag onto the lobby floor and threw a series of matches onto it, eventually igniting a large fire. The flames consumed much of the lobby area and caused extensive damage before being extinguished by members of the D.C. Department of Fire and Emergency Medical Services.
Surveillance footage of Hazelwood’s actions was posted publicly at https://www.youtube.com/watch?v=wtlv3AOqo3c&t=5s, resulting in several important tips from the public.
In announcing the sentence, U.S. Attorney Phillips, Special Agent in Charge Patterson, Chief Contee, and Chief Donnelly commended the work of the MPD officers, ATF agents, and Fire Marshals who investigated the case. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Kate Abrey and Teesha Tobias, and Supervisory Litigation Technology Specialist Leif Hickling.
Finally, they commended the work of Assistant U.S. Attorneys James Nelson and Andrew Floyd, who investigated and prosecuted the case.
Detroit Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. -- A Detroit, Michigan man was sentenced today to 42 months in prison for a federal drug crime.
According to court documents and statements made in court, Kaleb Wuopio, 26, was involved in a drug distribution enterprise operating in Kanawha County from April through June 2018. Wuopio admitted that he distributed fentanyl, heroin and cocaine base in exchange for cash during that timeframe. On June 21, 2018, law enforcement officers executed a search warrant on Wuopio’s Charleston residence. During the search, the officers located heroin, cash proceeds from drug sales, other drug distribution tools, such as scales, and two loaded handguns.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA) and the Kanawha County Sheriff’s Department. Assistant United States Attorney Andrew J. Tessman is handling the prosecution.
Senior United States District Judge John T. Copenhaver, Jr., presided over the hearing.
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-00115.
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Department of Justice Announces Department-Wide Policy on Chokeholds and 'No-Knock' EntriesRead the Press Release
The Department of Justice today announced written department-wide policies explicitly prohibiting the use of “chokeholds” and “carotid restraints” unless deadly force is authorized, and limiting the circumstances in which the department’s federal law enforcement components are authorized to use unannounced entries. The announcement follows a review with the department’s law enforcement agencies led by Deputy Attorney General Lisa O. Monaco.
“Building trust and confidence between law enforcement and the public we serve is central to our mission at the Justice Department,” said Attorney General Merrick B. Garland. “The limitations implemented today on the use of ‘chokeholds,’ ‘carotid restraints’ and ‘no-knock’ warrants, combined with our recent expansion of body-worn cameras to DOJ’s federal agents, are among the important steps the department is taking to improve law enforcement safety and accountability.”
“As members of federal law enforcement, we have a shared obligation to lead by example in a way that engenders the trust and confidence of the communities we serve,” said Deputy Attorney General Monaco. “It is essential that law enforcement across the Department of Justice adhere to a single set of standards when it comes to ‘chokeholds,’ ‘carotid restraints’ and ‘no-knock’ entries. This new policy does just that and limits the circumstances in which these techniques can be used.”
Under the new policy, the department’s law enforcement components will be prohibited from using “chokeholds” and “carotid restraints” unless deadly force is authorized, that is “when the officer has a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person.”
Federal agents are generally required to “knock and announce” their identity, authority and purpose, and demand to enter before entry is made to execute a warrant in a private dwelling. However, there are some circumstances where unannounced entries are authorized. The new policy generally limits the use of “no knock” entries in connection with the execution of a warrant to situations where an agent has reasonable grounds to believe that knocking and announcing the agent’s presence would create an imminent threat of physical violence to the agent and/or another person. This new policy is narrower than what is permitted by law. In setting the policy this way, the department is limiting the use of higher-risk “no knock” entries to only those instances where physical safety is at stake. If an agent suspects a threat to physical safety and seeks a “no knock” warrant, the agent must first get supervisory approval from both a federal prosecutor as well as the agent’s law enforcement component.
The policy does recognize, however, that there may be rare circumstances when there is justification – other than physical safety – to execute a “no knock” entry. If an exception is sought when there is no imminent threat of physical safety, the agent must first get approval from the head of the law enforcement component and the U.S. Attorney or relevant Assistant Attorney General before seeking judicial authorization for a “no knock” warrant.
For more information, see the Deputy Attorney General’s guidance to the Justice Department’s law enforcement components: https://www.justice.gov/dag/page/file/1432531/download
Today’s announcement expands on the department’s efforts to examine the way Justice Department law enforcement components engage with individuals who come into contact with the criminal justice system. See the Deputy Attorney General’s June 7, 2021, memo regarding Body Worn Cameras for the Justice Department’s federal law enforcement agents as well as the Sept. 1, 2021, announcement of the first Justice Department agents to implement BWCs: and https://www.justice.gov/opa/pr/justice-department-announces-first-federal-agents-use-body-worn-cameras.
Colombian Narcotrafficker Sentenced to 18 Years’ Imprisonment for Transporting More Than 50,000 Kilograms of Cocaine to the United StatesRead the Press Release
Earlier today, in federal court in Brooklyn, Alvaro Vivero Rendon was sentenced to 18 years’ imprisonment by United States District Judge Edward R. Korman for conspiracy to internationally distribute cocaine. As part of the sentence, the Court entered a forfeiture money judgment of $20 million. Vivero pleaded guilty to the charge in March 2017.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York; Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI); Dermot F. Shea, Commissioner, New York City Police Department (NYPD); and Kevin P. Bruen, Acting Superintendent, New York State Police (NYSP), announced the sentence.
“With today’s lengthy prison sentence and entry of a $20 million forfeiture money judgment, Vivero is prevented from profiting from his crimes while being held accountable for leading an international drug-trafficking conspiracy that transported massive quantities of cocaine into the United States through Central America and Mexico,” stated Acting United States Attorney Kasulis. “This Office and its law enforcement partners are committed to tracking down international narcotics traffickers like the defendant and stopping the pipeline of drugs coming into our communities from abroad.”
Ms. Kasulis expressed her appreciation to DEA’s Bogota Country Office Group 2 (BCO2) and the Colombian National Police (CNP) Direccion de Investigacion Criminal e Interpol (DIJIN) Sensitive Investigative Unit (SIU) for their assistance.
“Vivero played a vital role in international cocaine trafficking, pushing multi-million dollar loads into America,” stated DEA Special Agent-in-Charge Donovan. “Evident in his plea and $20 million forfeiture, Vivero bypassed laws, bribed corrupt law enforcement, and concealed contraband in order to profit off the sale of poison.”
“Alvaro Vivero Rendon is responsible for flooding American streets with tens of thousands of pounds of cocaine over a six-year period,” stated HSI Special Agent-in-Charge Fitzhugh. “The continued cooperation between law enforcement ensures Vivero and individuals like him can no longer profit from the poison he trafficked and will now have to face the consequences.”
According to court filings, from 2009 until his arrest in October 2014, Vivero led a massive international drug trafficking conspiracy responsible for trafficking tens of thousands of kilograms of cocaine from Colombia to intermediary locations in Central America and Mexico by air and by sea, before the cocaine was transported to the United States. Vivero shipped much of this cocaine through San Andres Island off the coast of Nicaragua, which he used as a strategic transshipment point. Vivero’s air drug route through San Andres relied on bribing corrupt law enforcement officials at airports in both mainland Colombia and on San Andres. From San Andres, Vivero’s workers usually sent the cocaine to Honduras via fast boats. After the fast boats unloaded the cocaine in Honduras, they were typically loaded with drug proceeds, usually in the form of U.S. dollars, which they transported back to San Andres before couriers brought suitcases full of drug proceeds back to mainland Colombia.
Vivero received an estimated $20 million for his role in the conspiracy. Vivero was arrested in Colombia in October 2014 and he was extradited to the United States in April 2016.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The government’s case is being handled by the Office’s International Narcotics and Money Laundering Section. Assistant United States Attorney Nomi D. Berenson is in charge of the prosecution. The Justice Department’s Office of International Affairs provided significant assistance in this matter.
The Defendant:
ALVARO VIVERO RENDON (also known as “Jhon Francisco Melo Barrera,” “John Francisco Melo Barrera,” “El Ingeniero,” “Felipe,” “Francisco Melo,” “La Policia,” “Principe,” “Profe” and “Alberto Ramos”)
Age: 56
Buga, ColombiaE.D.N.Y. Docket No. 14-CR-153 (S-1) (ERK)
Chicago Man Sentenced to More Than 12 Years for Carjacking and Weapons OffensesRead the Press Release
CHICAGO — A Chicago man who carjacked a vehicle at gunpoint and discharged the firearm in the city’s Uptown neighborhood was sentenced yesterday to 150 months in federal prison.
On the afternoon of July 28, 2020, MICHAEL C. PEARSON, 19, forcibly took a 2006 Buick Lucerne from two victims in the Uptown neighborhood of Chicago. During the carjacking, Pearson fired a pistol in the direction of a passenger of the vehicle.
Pearson pleaded guilty earlier this year to carjacking and weapons offenses. U.S. District Judge John F. Kness on Monday imposed the prison sentence in federal court in Chicago.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago office of the FBI; and David Brown, Superintendent of the Chicago Police Department. Valuable assistance was provided by the Cook County State’s Attorney’s Office.
“Carjackers have terrorized the city of Chicago and its surrounding suburbs for the past few years,” Assistant U.S. Attorney Albert Berry III argued in the government’s sentencing memorandum. “The community as a whole – victims, witnesses, society, and perpetrators – need to know that the federal system takes the crime of carjacking seriously and will justly punish those that commit the heinous offense.”
According to evidence in the case, Pearson and his associate pointed a firearm at the owner of the Buick and took her keys. Pearson’s associate got into the driver’s seat and drove away, with Pearson in the front seat and a victim in the back seat. Pearson fired the pistol in the direction of the victim. The bullet missed the victim and struck the roof of the Buick. Pearson’s associate crashed the vehicle and Pearson ran from the vehicle.