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14 September 2021
Captain Phip’s Seafood Pleads Guilty to Visa Fraud Resulting in Foreign Workers Being Paid Lower Wages Than Those to Which They Were EntitledRead the Press Release
Baltimore, Maryland – Phillip J. “Jamie” Harrington III, age 50, of Dorchester, Maryland, and his company, Capt. Phip’s Seafood Inc. pleaded guilty today to unlawful employment of undocumented workers and to visa fraud, respectively, related to the employment of temporary workers employed at Harrington companies.
The guilty pleas were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Andrew Wroblewski of the Washington Field Office of the U.S. Department of State’s Diplomatic Security Service (DSS); and Special Agent in Charge Derek Pickle, of the Washington Regional Office, U.S. Department of Labor - Office of Inspector General (DOL-OIG).
“Over a five-year period, Capt. Phips Seafood and its owners engaged in a calculated pattern of visa fraud that not only deceived the government but also resulted in lower wages to their employees,” said Acting U.S. Attorney Jonathan Lenzner. “Rather than play by the rules that other businesses follow, the defendants manipulated the H2-B visa program for the sole purpose of increasing their profits at the expense of their employees and the fair market.”
Philip J. Harrington, Jr. was Capt. Phip’s owner, President, and sole Director until his death on February 13, 2018. Since March 6, 2019, Capt. Phip’s has been owned and operated by Philip Harrington’s, son, Jamie Harrington. The primary business of Capt. Phip’s is the production and distribution of ice as well as the processing of seafood. For more than a decade, Capt. Phip’s has participated in the H-2B work visa program through which it has obtained temporary foreign workers to fill seasonal positions.
According to the company’s guilty plea, from 2013 through 2018, Captain Phip’s Seafood Inc. routinely sought prevailing wage determinations for multiple job descriptions, and then filed petitions for H-2B visas for only the jobs with the lowest prevailing wage, regardless of the actual work duties of the employees. The H-2B Visa Program is a temporary non-agricultural worker program in which an employer may seek temporary authorization for foreign workers to legally enter and work in the U.S. To obtain an H-2B Visa, the U.S. Department of Labor (DOL) must ensure the positions have been advertised to U.S.-based workers and assign the appropriate wage to be paid (“prevailing wage”) based on the job description.
As stated in the plea agreement, Captain Phip’s willfully submitted false and inaccurate job descriptions to obtain lower prevailing wages for its foreign workers. Capt. Phip’s omissions about the full scope of the job duties to be performed by its temporary foreign workers resulted in the DOL approving Capt. Phip’s to pay lower prevailing wage than it would have been authorized if Capt. Phip’s had provided truthful information.
For example, in 2016, Capt. Phip’s requested and received prevailing wage determinations for three position: ice conveyor operators with a prevailing wage of $12.51; oyster production workers with a prevailing wage of $16.96; and ice machine operators (ice production workers) with a prevailing wage of $11.10. Capt. Phip’s then filed a petition for ice production workers with the U.S. Citizenship and Immigration Services (USCIS). The petition was approved and the Department of State (DOS) issued 24 H-2B visas to non-immigrant Mexican nationals authorizing them to work for Capt. Phip’s as ice production workers in the United States. Once the Mexican ice production workers entered the United States, Capt. Phip’s used these workers for jobs beyond ice production, including for oyster processing, as maintenance workers, truck drivers and drivers’ assistants. Capt. Phip’s admits that it intentionally and falsely claimed that the foreign workers would only be engaged in ice production in order to pay them the lower prevailing wage. Had Capt. Phip’s truthfully filed for H-2B visas for many of these duties, these employees would have been entitled to a higher wage.
As stated in the company’s plea agreement, on August 31, 2017, a USCIS officer and government agents conducted a site visit at Capt. Phip’s location in Secretary, Maryland. At that time, Capt. Phip’s H-2B workers were authorized only to engage in oyster production work. During the site visit, three H-2B visa beneficiaries were interviewed through an interpreter and indicated that their current duties involved ice packing duties rather than oyster production work.
A USCIS officer and agents also interviewed Phillip Harrington, Jr., who signed all the H2-B visa petitions for Capt. Phip’s and his son, Jamie Harrington, who identified himself as the Vice President of Capt. Phip’s, responsible for “running the business,” to include the buying and selling of product, managing the levels of product, and hiring and/or firing. Jamie Harrington admitted that all of Capt. Phip’s H-2B workers were packing ice, and none of them were currently processing any oysters. The workers’ H-2B visas for 2017 only permitted them to work in oyster processing. Jamie Harrington admitted that Capt. Phip’s visa petitions should have been for workers for both ice and oyster processing.
During the August 31, 2017 interview, Jaime Harrington stated that he was also the President of Easton Ice Company, Inc. (“Easton Ice”). The principal office for Easton Ice is the same physical address as Capt. Phip’s premises in Secretary, Maryland. A subsequent interview of a recipient of multiple H-2B visas filed by Capt. Phip’s including in 2017, when the H-2B workers were only authorized for oyster processing, revealed that their duties that season were to drive a truck and deliver ice. In September 2017, an agent observed this person driving a truck bearing the name “Easton Ice.” The agent also saw another Capt. Phip’s H-2B recipient delivering ice and riding in the truck. Easton Ice did not apply for H-2B visas in 2017, and workers with H-2B visas obtained through Capt. Phips were not authorized to work for Easton Ice Company. Nevertheless, Jamie Harrington admitted that Capt. Phip’s H-2B visa recipients were routinely directed to perform work for Easton Ice and other businesses controlled by Philip and Jamie Harrington.
On August 9, 2018, government agents interviewed Jamie Harrington at Capt. Phip’s premises in Secretary, Maryland. Jamie Harrington admitted that the company was not in compliance with the requirements of the H-2B visa program and that some of Capt. Phip’s H-2B workers were driving trucks or performing other duties outside the scope of their visas, including performing work for other companies controlled by Philip and Jamie Harrington, including Easton Ice, Woodfield Ice Company, Inc. (“Woodfield Ice”), as well as two Ocean City, Maryland, motels owned by members of the Harrington family. Agents pointed out to Jamie Harrington that if the H-2B applications had been truthful about the location and job duties for workers at Woodfield Ice the prevailing wage would have been much higher because that business is in the Washington, D.C. metro area.
Between approximately 2013 and 2018, Capt. Phip’s filed petitions for H-2B visas for approximately 142, nonimmigrant workers. Capt. Phip’s officers involved in the H-2B process were aware that the nonimmigrant workers were intended to be employed to engage in work beyond the job descriptions authorized by the workers’ visas. Capt. Phip’s realized unlawful benefits through the use of fraudulently low prevailing wages between April 2013 to December 2018, although the exact amount cannot be determined. Capt. Phip’s has not participated in the H-2B visa program since at least January 2019.
Jamie Harrington is also the owner and operator of multiple other businesses involved the production and distribution of ice as well as processing of seafood, rental machinery, housing development, oyster farming, and other ventures including: Easton Ice; Woodfield Ice; PJH Oyster; Two Sons R.S., LLC; Philson Properties, LLC; Two Sons C.P. LLC; P&N Farms; Atlantic Rental, LLC; DMS Hurlock, LLC; The Preserve at Wright’s Wharf Homeowners Association; and Super Transporter, LLC. (together with Capt. Phip’s, the “Harrington Companies.”
Harrington admitted in his plea agreement that, beginning in 2013 and continuing through at least August 9, 2018, he engaged in a pattern and practice of hiring and employing workers without lawful immigration status at the Harrington Companies. Most of the unauthorized workers were Mexican citizens and nationals. Some of the undocumented workers Jamie Harrington hired and employed entered the United States lawfully and overstayed their visas, others never had lawful status to be present in the United States. Analysis of payroll and other records shows that approximately 89 undocumented workers were employed by the Harrington Companies between 2013 and 2018. Harrington continued to employ several of the workers even after he knew they had been placed into removal proceedings by immigration officials because they did not have lawful status to be present or working in the United States.
Jamie Harrington faces a maximum sentence of six months in federal prison and a $267,000 fine for the unlawful employment of undocumented workers. Captain Phip’s Seafood faces a maximum sentence of five years’ probation and a $500,000 fine for the unlawful employment of undocumented workers. U.S. District Judge Ellen L. Hollander has scheduled sentencing for both on November 23, 2021 at 10:00 a.m.
Acting United States Attorney Jonathan F. Lenzner commended HSI, DSS, and DOL-OIG for their work in the investigation and thanked the Baltimore District Office of the U.S. Department of Labor’s Wage and Hour Division for its assistance. Mr. Lenzner thanked Assistant U.S. Attorneys Zachary A. Myers and Judson T. Mihok, who are prosecuting the case.
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Bourbonnais Man Sentenced to 10 Years in Prison for Enticement of a MinorRead the Press Release
URBANA, Ill. – Timothy Lyle Dean, 38, of the 200 block of Spencer Court, in Bourbonnais, Illinois, was sentenced today to 10 years in federal prison, to be followed by eight years of supervised release, for enticement of a minor.
In April 2021, a federal jury convicted Dean of one count of enticement of a minor. Evidence presented at trial showed that the Federal Bureau of Investigation identified Dean when he arranged to meet an individual he believed to be a 14-year-old minor for sexual activity on the dating application Grindr.
In March 2020, a federal grand jury returned an indictment charging Dean with enticement following his February arrest pursuant to a criminal complaint. U.S. Magistrate Judge Eric I. Long ordered that Dean be detained pending trial following that arrest, and he has remained in the custody of the U.S. Marshals Service.
Dean was arrested over Valentine’s Day weekend in 2020 as part of an FBI Springfield Division Operation conducted in Kankakee County, Illinois. The operation was conducted with the coordination and assistance of the Bradley Police Department, the Kankakee County Sheriff’s Office, and the Kankakee Area Metropolitan Enforcement Group. Assistant U.S. Attorney Elly Peirson and Special Assistant U.S. Attorney Shannon O’Brien-Ranck – also the Deputy Bureau Chief with the Illinois Attorney General’s Office, Internet Crimes Against Children Task Force – represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Boise Man Sentenced to 28 Years in Prison for Producing Child PornographyRead the Press Release
BOISE – Joseph Anthony Lee, 38, of Boise, was sentenced to 336 months in federal prison for sexual exploitation of a child, announced Acting U.S. Attorney Rafael M. Gonzalez, Jr. today. Senior U.S. District Judge B. Lynn Winmill also ordered Lee to serve 15 years of supervised release following his prison sentence. Lee pleaded guilty to the charges on March 22, 2021.
According to court records, the investigation began after a thirteen-year-old female reported that Lee had been sexually abusing her for several years. Following the victim’s disclosure, the Boise Police Department (BPD) obtained a search warrant for Lee’s residence. BPD executed the search warrant on January 23, 2020. BPD contacted Lee and seized his cellphone. After obtaining a search warrant for Lee’s cellphone, BPD located explicit images and videos that Lee had produced of himself sexually abusing the victim. BPD also located numerous files of child pornography depicting other children.
Acting U.S. Attorney Gonzalez commended the investigators from Boise Police Department and the Ada County Prosecutor’s Office for aggressively pursuing this defendant and holding him accountable. “As parents, colleagues, teachers, and caregivers, we must be vigilant in reporting these types of crimes to law enforcement. Please help us prevent child abuse,” he concluded.
At sentencing, Judge Winmill also ordered Lee to pay restitution of $18,000 to victims in the images he possessed. As a result of conviction, Lee will be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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Belfry Man Sentenced to 197 Months for Conspiracy to Distribute 500 grams or more of MethamphetamineRead the Press Release
LONDON, Ky.— A Belfry, Ky., man, Brian Keith Wells, 45, was sentenced on Monday to 197 months in prison, by U.S. District Judge Robert E. Wier, for conspiracy to distribute 500 grams or more of a mixture or substance containing methamphetamine.
According to Wells’ plea agreement, beginning in November 2018 and continuing until on or about February 2020, in Pike County, Ky., and elsewhere, Wells conspired with others to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
Wells pleaded guilty in April 2021.
Under federal law, Wells must serve 85 percent of his prison sentence, and upon his release from prison will be under the supervision of the U.S. Probation Office for five years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; J. Scott, Special Agent in Charge, DEA, Louisville Field Division; Edward J. Gray, Acting Special Agent in Charge, Louisville Field Office; and Colonel Phillip Burnett, Commissioner, Kentucky State Police, announced the sentence.
The investigation was conducted by the DEA, FBI, and KSP. The United States was represented by Assistant U.S. Sam Dotson.
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14 Defendants Indicted, Including the Entire Administration of the Colombo Organized Crime FamilyRead the Press Release
Earlier today, in federal court in Brooklyn, a 19-count indictment was unsealed charging 14 defendants, including 10 members and associates of the Colombo crime family of La Cosa Nostra and a member of the Bonanno organized crime family, with various offenses including labor racketeering involving multiple predicate acts of extortion conspiracy, attempted extortion and extortion, extortionate collection of credit conspiracy, extortionate collection of credit and money laundering conspiracy. The charges in the indictment against the Colombo crime family members relate to multiple charged schemes in a long-running effort by the crime family to infiltrate and take control of a Queens-based labor union (the “Labor Union”) and its affiliated health care benefit program (the “Health Fund”) that provides medical benefits, including dental, optical and pharmacy benefits, to the members of the Labor Union, and to a conspiracy to commit fraud in connection with workplace safety certifications.
Among those charged with racketeering are Andrew “Mush” Russo, the boss of the Colombo crime family, Benjamin “Benji” Castellazzo, the underboss, and Ralph DiMatteo, the consigliere. Alleged Colombo crime family captains Theodore Persico, Jr., Richard Ferrara and Vincent Ricciardo are charged with racketeering, along with soldier Michael Uvino and associates Thomas Costa and Domenick Ricciardo. In addition, alleged Bonanno family soldier John Ragano is charged with loansharking, fraud and drug trafficking offenses.
Thirteen defendants were arrested today in New York and New Jersey and are scheduled to be arraigned via videoconference this afternoon before United States Magistrate Judge Taryn A. Merkl at the federal courthouse in Brooklyn. Vincent Ricciardo was arrested in North Carolina and will be arraigned before United States Magistrate Judge David C. Keesler in federal court in Charlotte. DiMatteo remains at large.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York; Michael Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); Jonathan Mellone, Special Agent-in-Charge, U.S. Department of Labor Office of Inspector General, New York Region (DOL-OIG); Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD); Dermot F. Shea, Commissioner, New York City Police Department (NYPD); and Margaret Garnett, Commissioner, New York City Department of Investigation (DOI), announced the charges and arrests.
“Today’s charges describe a long-standing, ruthless pattern by the administration of the Colombo crime family, its captains, members and associates, of conspiring to exert control over the management of a labor union by threatening to inflict bodily harm on one of its senior officials and devising a scheme to divert and launder vendor contract funds from its health care benefit program. In addition, for their own enrichment, the defendants conspired to engage in extortionate loansharking, money laundering and fraud, as well as drug trafficking,” stated Acting U.S. Attorney Kasulis. “This Office and its law enforcement partners are committed to dismantling organized crime families, eliminating their corrupt influence in our communities and protecting the independence of labor unions.”
Ms. Kasulis also thanked the U.S. Department of Labor, Employee Benefits Security Administration, Atlanta and New York Offices (DOL-EBSA), the Nassau County District Attorney’s Office, the Waterfront Commission of New York Harbor and the Department of Justice’s Organized Crime and Gang Section for their valuable assistance in the investigation.
“Everything we allege in this investigation proves history does indeed repeat itself. The underbelly of the crime families in New York City is alive and well. These soldiers, consiglieres, under bosses, and bosses are obviously not students of history, and don't seem to comprehend that we're going to catch them. Regardless of how many times they fill the void we create in their ranks, our FBI Organized Crime Task Force, and our law enforcement partners, are positioned to take them out again, and again,” stated FBI Assistant Director-in-Charge Driscoll.
“An important mission of the Office of Inspector General is to investigate criminal allegations relating to organized crime and their illicit influence over labor unions and their affiliated employee benefit plans. We will continue to work with our law enforcement partners to investigate these types of allegations,” stated DOL-OIG Special Agent-in-Charge Mellone.
“The indictment of 14 defendants, including members of the Columbo crime family on labor racketeering, extortion and money laundering charges should send a clear and concise message that these types of crimes will never be tolerated by law enforcement. By infiltrating and taking control of a Queens-based labor union and its affiliated health care benefit program these defendants were able to extort a substantial amount of money which should have been used for the members of the union. These benefits included medical, dental, optical and pharmaceutical. Congratulations to all of the investigators and their affiliated agencies on a job well done during this extensive investigation,” stated NCPD Commissioner Ryder.
“This indictment is another example of the NYPD’s long-term commitment, working with its law enforcement partners, in making sure those accused of organized crime are held accountable. I commend those who carried out the investigation as well as the office of the United States Attorney for the Eastern District in New York for its work in ensuring there is justice in this case,” stated NYPD Commissioner Shea.
“Every time construction certifications are faked, every time bogus records are created and used to manipulate the facts, building in this City is undermined and New Yorkers' safety is compromised. This investigation is evidence of how corruption can erode the integrity of construction in New York City. And these charges reveal how DOI is working with its law enforcement partners to uncover and stop the illegal conduct,” stated DOI Commissioner Garnett. “DOI thanks the City Department of Buildings for reporting allegations related to this conduct, and the Office of the United States Attorney for the Eastern District of New York, the FBI, and the Office of Inspector General for the U.S. Department of Labor for their partnership.”
As set forth in the indictment and other court documents, the defendants and their co-conspirators committed a variety of crimes – including extortion, loansharking, fraud and drug trafficking – on behalf of the Colombo organized crime family. First, the Colombo crime family’s administration, including Russo, Castellazzo and Dimatteo, as well captains Persico, Ferrara and Vincent Ricciardo, used extortionate means, including direct threats of bodily harm, to control the management of the Labor Union and caused it to make decisions that benefitted the Colombo crime family. Since approximately 2001, Colombo captain Vincent Ricciardo and his cousin, associate Domenick Ricciardo, have collected a portion of the salary of a senior official in the Labor Union (“John Doe #1”) by threatening to harm John Doe #1 and his family. At the direction of the Colombo crime family’s leadership, beginning in late 2019, the defendants broadened the extortion effort to force John Doe #1 and others at the Labor Union and its affiliated Health Fund to make decisions that benefitted the Colombo crime family, including by forcing them to select vendors for contracts who were associated with the Colombo crime family. The defendants sought to divert more than $10,000 per month from the Health Fund’s assets to the administration of the Colombo crime family.
For example, on June 21, 2021, in a consensually recorded conversation, Vincent Ricciardo threatened to kill John Doe #1 if he did not comply with Vincent Ricciardo’s demands. He explained that John Doe #1 knows, “I’ll put him in the ground right in front of his wife and kids, right in front of his f-----g house, you laugh all you want pal, I’m not afraid to go to jail, let me tell you something, to prove a point? I would f-----g shoot him right in front of his wife and kids, call the police, f--k it, let me go, how long you think I’m gonna last anyway?”
Further, Colombo crime family members Russo, Castellazzo, Dimatteo, Ferrara, Persico, Vincent Ricciardo, Uvino joined with defendants Thompkins and Bellantoni, among others, to devise a scheme to launder money from Health Fund contracts and payments through third parties and eventually to the Colombo crime family’s leaders. The defendants attempted to re-bid Health Fund vendor contracts for claims administration, pharmaceuticals and other health services to persons and companies affiliated with the defendant Joseph Bellantoni. Bellantoni and others agreed that in exchange for the new vendor contracts, they would pay kickbacks to the Colombo crime family and would use various intermediaries to hide the payments.
The indictment also charges Bonanno organized crime family soldier John Ragano with leading a scheme to issue fraudulent workplace safety training certifications. As alleged, Ragano operated two workplace safety schools in the New York area that claimed to provide Occupational Safety and Health Administration’s (“OSHA”) training courses and certifications, along with various New York state certifications, to construction industry workers. Rather than provide training, Ragano along with his business partner John Glover and Domenick Ricciardo, falsified paperwork to the U.S. Department of Labor and other government agencies which represented that hundreds of workers had completed required safety courses when in reality they had not. Instead, various defendants used Ragano’s “schools” to conduct meetings involving members of La Cosa Nostra and to store illegal drugs and fireworks.
Vincent Ricciardo, Uvino, Ragano and Costa are also charged with loansharking. As alleged, these defendants participated in extending and collecting on extortionate loans totaling $250,000 to an individual identified as “John Doe #2.” The defendants charged and collected a weekly 1.5% interest rate that did not reduce the principal owed and divided the proceeds between themselves. Further, Vincent Ricciardo, Ragano, Costa, Glover and Vincent Martino were charged with conspiracy to distribute marijuana by transporting large shipments of marijuana in vehicles from New York to Florida. Vincent Ricciardo and Costa were also charged, as previously convicted felons, with possessing and transporting ammunition, and Persico, who is currently on federal supervised release following his release for a prior racketeering conviction, was charged with lying to federal court officers about his dealings with other Colombo crime family members.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants each face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys James P. McDonald and Devon Lash are in charge of the prosecution.
The Defendants:
ANDREW RUSSO (also known as “Mush”)
Age: 87
Glen Head, New YorkJOSEPH BELLANTONI
Age: 39
Massapequa, New YorkBENJAMIN CASTELLAZZO (also known as “Benji”)
Age: 83
Manahawkin, New JerseyTHOMAS COSTA
Age: 52
West Islip, New YorkRALPH DIMATTEO
Age: 66
Merrick, New YorkRICHARD FERRARA
Age: 59
Brooklyn, New YorkJOHN GLOVER
Age: 62
Queens, New YorkVINCENT MARTINO
Age: 43
Medford, New YorkTHEODORE PERSICO, JR. (also known as “Teddy”)
Age: 58
Brooklyn, New YorkJOHN RAGANO (also known as “Bazoo” and “Maniac”)
Age: 59
Franklin Square, New YorkDOMENICK RICCIARDO
Age: 56
Franklin Square, New YorkVINCENT RICCIARDO (also known as “Vinny Unions”)
Age: 75
Franklin Square, New YorkERIN THOMPKINS
Age: 53
Franklin Square, New YorkMICHAEL UVINO
Age: 56
Garden City, New YorkE.D.N.Y. Docket No. 21-CR-466 (ARR)
13 September 2021
Virginia Beach Man Sentenced for Child Pornography OffensesRead the Press Release
NORFOLK, Va. – A Virginia Beach man was sentenced on Thursday to nearly 20 years in prison, to be followed by a lifetime of supervised release, for receiving and possessing images of child sexual abuse.
“This defendant’s appalling conduct included his possession of over 30,000 images and over 3,000 videos depicting the sexual exploitation of children,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “The significant sentence imposed in this case sends a strong message of deterrence and a clear warning to those who are considering committing crimes that involve the continued victimization of children.”
According to court documents and evidence presented at trial, in July 2018, the FBI executed a search warrant at the residence of Bradley Jeffrey-Moe, 29 after an online undercover operation identified Jeffery-Moe as having made available dozens of images of child sexual abuse for download over various peer-to-peer networks. During the search, the FBI discovered five electronic devices which contained thousands of images of child sexual abuse, as well as digital records reflecting the use of peer-to-peer software to search for and download such images. During a Mirandized interview conducted by the FBI, Jeffery-Moe confessed that he had downloaded and viewed the images.
Jeffrey-Moe was sentenced to 236 months. He was previously convicted by a federal jury on November 13, 2020. According to forensic evidence presented at trial through expert testimony, a total of over 30,000 images and 3,000 videos of child pornography were recovered from the defendant’s electronic devices.
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.
Assistant U.S. Attorneys Anthony Mozzi and Michael Gill prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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-165.
United States Attorney's Office District of Arizona August 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
212 individuals were charged in August with illegal reentry
A. 180 of those 212 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 180 individuals with non-immigration criminal records:
1. 42 had violent crime convictions, including:
4 individuals had homicide convictions
6 individuals had sex offense convictions
12 individuals had domestic violence convictions2. 13 had property crime convictions
3. 37 had DUI convictions
4. 98 had drug crime convictions
B. 125 of those 180 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
53 individuals were charged in August with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in August with illegal entry on the CCI calendar
Criminal conviction information is based on preliminary criminal history reports provided by the arresting agency.
These numbers represent United States Attorney's Office prosecutions only. These numbers do not include individuals apprehended by immigration enforcement officials and subjected solely to administrative process.
RELEASE NUMBER: 2021-059_August Immigration and Border Crimes Report
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Union County Man Sentenced to Five Years in Prison for Receipt and Possession of Child PornographyRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was sentenced today to 60 months in prison for receipt and possession of images of child sexual abuse, Acting U.S. Attorney Rachael A. Honig announced.
Jeffrey Shreve, 38, of Scotch Plains, New Jersey, previously pleaded guilty before U.S. District Judge Brian R. Martinotti to an information charging him with receiving and possessing images of child pornography. Judge Martinotti imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Shreve used peer-to-peer file sharing software to seek and obtain images of child sexual abuse, including images of prepubescent children.
In addition to the prison term, Judge Martinotti sentenced Shreve to seven years of supervised release and ordered restitution of $6,000.
Acting U.S. Attorney Honig credited special agents of Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s sentencing.
The government is represented by Counsel to the U.S. Attorney Caroline Sadlowski of the U.S. Attorney’s Office in Newark.
Tulsa Man Sentenced to 47 months in Prison for Domestic Violence AssaultRead the Press Release
A Tulsa man was sentenced Monday in federal court for assaulting and strangling his former intimate partner, announced Acting U.S. Attorney Clint Johnson.
U.S. District Judge Claire V. Eagan sentenced Terrance DuJuan Reed, 29, to 47 months followed by 3 years of supervised release.
“Terrance Reed violently beat and strangled his former intimate partner and now will spend almost four years in prison,” said Acting U.S. Attorney Clint Johnson. “A woman’s risk of being murdered increases exponentially if she has previously suffered non-fatal strangulation at the hands of her intimate partner. What we know is that successful domestic violence prosecutions coupled with access to vital community resources can save lives. My office remains committed to supporting victims and holding these dangerous perpetrators accountable for the emotional and physical harm they inflict on their partners.”
On June 8, 2020, Reed pleaded guilty to assault of an intimate partner by strangling, suffocating, or attempting to strangle or suffocate in Indian Country.
According to the complaint and accompanying affidavit initially filed in the case, Reed asked for a ride on Feb. 16, 2020. During the car ride, Reed began yelling at and questioning the victim about a recent trip she took with friends. Once they arrived at his destination, he demanded to check her text messages. Following the victim’s refusal to hand over her cell phone, Reed punched the victim, dragged her from the car, and began to strangle the victim with his hands. He then placed his arm around her throat and neck and strangled her until she passed out. He continued his violent attack by punching the victim in the head, eyes, and mouth. Upon regaining consciousness, the victim attempted to call 911 for help, but Reed took her cell phone and fled the scene.
The victim drove herself to a family member’s home to receive help, 911 was called, and emergency responders transported the victim to the hospital for care.Reed was located and arrested by Tulsa Police officers on Feb.17, 2020.
Intimate Partner Violence statistics:
-On a typical day, domestic violence hotlines nationwide receive approximately 20,800 calls.
-According to the CDC, nearly 1 in 4 adult women and approximately 1 in 7 adult men report having experienced severe physical violence.
-About 55% of female homicide victims in the United States were killed by an intimate partner who abused them.
-Strangulation has been identified as one of the most lethal forms of domestic violence: unconsciousness may occur within seconds and death within minutes.
-Visible signs of strangulation may not occur for hours to days after the incident.
- Injuries resulting from strangulation are often not visible.
-Learn more about the short and long term effects of strangulation here: https://www.familyjusticecenter.org/wp-content/uploads/2017/11/Facts-Victims-of-Strangulation-Choking-Need-to-Know-Brochure-2017.pdf or at https://www.thehotline.org/resources/the-dangers-of-strangulation/.
You can find more domestic violence statistics at the National Hotline for Domestic Violence here.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Cymetra M. Williams prosecuted the case.
Texas plastics corporation will pay nearly $3M for violating Clean Air ActRead the Press Release
HOUSTON - Formosa Plastics Corporation has agreed to pay $2.85 million in civil penalties and improve its risk management program to resolve alleged violations of the Chemical Accident Prevention Provisions of the Clean Air Act (CAA) at their petrochemical manufacturing plant in Point Comfort.
In the complaint, filed today with the proposed consent decree, the United States alleges 20 violations of the CAA. Formosa’s Point Comfort plant is subject to Section 112(r) of the CAA regulations, known as the Risk Management Program, which are designed to prevent the accidental release of hazardous substances.
The Environmental Protections Agency’s (EPA) investigation of Formosa was spurred by a series of fires, explosions and accidental releases at the Point Comfort plant spanning from May 2013 through October 2016. These accidents caused injuries to workers, including second- and third- degree burns and chlorine inhalation requiring hospitalization as well as property damage and the release of extremely hazardous substances to the environment.
“Formosa repeatedly failed to comply with the chemical accident prevention provisions of the CAA at the Point Comfort plant, repeatedly placing their workers, neighbors and the environment in serious danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement will ensure Formosa’s compliance with essential regulations intended to protect workers and the community as well as help prevent dangerous chemical releases from occurring in the future.”
“This case demonstrates the importance of adopting and executing adequate chemical safety procedures to protect the safety of workers, the community and the environment,” said Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas.
“Formosa’s failure to implement safe work practices and failure to design and maintain a safe facility put public health and the environment at risk,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement requires Formosa to achieve compliance with its environmental obligations now and in the future, protecting air quality and the community of Point Comfort.”
Formosa will be required to update its response and personal protection plans to prevent employee injury, conduct a third-party audit of its risk management practices, perform corrective actions based on audit results and develop key performance indicators to evaluate future compliance. In addition, the company agreed to conduct a service compatibility evaluation to identify any incompatible equipment and implement a mechanical integrity reporting program.
The cost of the injunctive relief is estimated to be at least $1.4 million and will greatly improve the safe management of hazardous substances at the facility.
Congress added section 112(r) to the CAA in response to a 1984 catastrophic release of methyl isocyanate in Bhopal, India, that killed more than 3,400 people and caused over 200,000 others to suffer injuries. Under the CAA, facilities like Formosa’s are required to identify hazards, design and maintain a safe facility, minimize the consequences of accidental releases that do occur and comply with regulatory prevention measures. Failing to comply with these requirements increases the risk of accidents and threatens surrounding communities.
Reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
Texas Plastics Corporation Will Pay Nearly $3 Million for Violating Clean Air ActRead the Press Release
Formosa Plastics Corporation, Texas, has agreed to pay $2.85 million in civil penalties and to improve its risk management program to resolve alleged violations of the Chemical Accident Prevention Provisions of the Clean Air Act (CAA) at its petrochemical manufacturing plant in Point Comfort, Texas.
In the complaint, filed today with the proposed consent decree, the United States alleges 20 violations of the CAA. Formosa’s Point Comfort plant is subject to Section 112(r) of the CAA regulations, known as the Risk Management Program, which are designed to prevent the accidental release of hazardous substances.
The Environmental Protection Agency (EPA)’s investigation of Formosa was spurred by a series of fires, explosions and accidental releases at the Point Comfort plant spanning from May 2013 through October 2016. These accidents caused injuries to workers, including second- and third-degree burns and chlorine inhalation requiring hospitalization, as well as property damage and the release of extremely hazardous substances to the environment.
“Formosa repeatedly failed to comply with the chemical accident prevention provisions of the Clean Air Act at the Point Comfort plant, repeatedly placing their workers, neighbors and the environment in danger,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “This settlement will ensure Formosa’s compliance with essential regulations intended to protect workers and the community as well as help prevent dangerous chemical releases from occurring in the future.”
“This case demonstrates the importance of adopting and executing adequate chemical safety procedures to protect the safety of workers, the community and the environment,” said Acting U.S. Attorney Jennifer Lowery for the Southern District of Texas.
“Formosa’s failure to implement safe work practices and failure to design and maintain a safe facility put public health and the environment at risk,” said Acting Assistant Administrator Larry Starfield for EPA’s Office of Enforcement and Compliance Assurance. “Today’s settlement requires Formosa to achieve compliance with its environmental obligations now and in the future, protecting air quality and the community of Point Comfort.”
Formosa will be required to update its response and personal protection plans to prevent employee injury, conduct a third-party audit of its risk management practices, perform corrective actions based on audit results and develop key performance indicators to evaluate future compliance. In addition, the company agreed to conduct a service compatibility evaluation to identify incompatible equipment and implement a mechanical integrity reporting program.
The cost of the injunctive relief is estimated to be at least $1.4 million and will greatly improve the safe management of hazardous substances at the facility.
Congress added section 112(r) to the CAA in response to a 1984 catastrophic release of methyl isocyanate in Bhopal, India, that killed more than 3,400 people and caused over 200,000 others to suffer injuries. Under the CAA, facilities like Formosa’s are required to identify hazards, design and maintain a safe facility, minimize the consequences of accidental releases that do occur and comply with regulatory prevention measures. Failing to comply with these requirements increases the risk of accidents and threatens surrounding communities.
Reducing the risk to human health and the environment by decreasing the likelihood of chemical accidents at chemical facilities is a top priority for EPA’s enforcement and compliance assurance program.
The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.
South Bend Man Sentenced to More Than 24 Years in Federal Prison for Child Sex AbuseRead the Press Release
GRAND RAPIDS, MICHIGAN — Alexander Scott Yossett, 28, of South Bend, Indiana, was sentenced to 293 months (more than 24 years) in federal prison for committing sexual assaults against a young child, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Hala Y. Jarbou imposed lifetime supervised release that will commence once Yossett is released from imprisonment. Yossett will also be required to register as a sexual offender.
Yossett pled guilty on May 26, 2021, to Abusive Sexual Contact with a Child Under 12 Years. He admitted that he had repeatedly sexually assaulted a young child while on a tribal reservation in Michigan. In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of a lengthy sentence, pointing to the seriousness of the defendant’s conduct and the need to deter others and protect the public. The United States emphasized the particularly despicable nature of child sex abuse and the lasting scars it leaves on its victims.
U.S. Attorney Birge stated: “The federal penalties for those who sexually abuse children are severe and well-deserved. My office is dedicated to working these cases with our tribal, state, local, and federal partners to make sure that victims receive justice and needed services and that predators are sent away and can pose no threat to children for a very long time.”
This case was jointly investigated by the Pokagon Band of Potawatomi Tribal Police Department and the Federal Bureau of Investigation.
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South Bay Man Pleads Guilty to Federal Charges for Producing Sexually Explicit Content Involving ChildrenRead the Press Release
LOS ANGELES – A South Bay man pleaded guilty today to federal criminal charges for producing thousands of sexually explicit images and videos of nearly three dozen children and developing a relationship with at least one boy in the Philippines who performed sex acts online in exchange for money.
Billy Edward Frederick, 51, of Redondo Beach, pleaded guilty to a two-count information charging him with production of child pornography for transportation into the United States and enticement of a minor to engage in criminal sexual activity.
According to his plea agreement, Frederick stored in his Google accounts various images and videos depicting child pornography, at least some of which he obtained from video calls on Google Hangout. One video from July 2020 in which a boy, who appears to be between 11 and 14 years old, engages in sexual activity while Frederick records the video call. In messages sent relating to the video call, the victim calls Frederick “master.”
Chats between Frederick and the victim prior to the video call in which the boy asks to borrow money to purchase underwear. Immediately after the call, Frederick chatted online with the boy, who asked for money to be sent to his brother.
Frederick admitted to producing more than 5,000 images and videos of child pornography involving at least 35 different children by requesting these children engage in specified sexually explicit activity in exchange for money. Some of the videos and images depicted minor victims under the age of 12 being used for sexual acts.
United States District Judge Dale S. Fischer has scheduled a March 14, 2022 sentencing hearing, at which time Frederick will face a mandatory minimum sentence of 15 years in federal prison and a statutory maximum sentence of life imprisonment.
Homeland Security Investigations investigated this matter.
Assistant United States Attorney Kathy Yu of the Violent and Organized Crime Section is prosecuting this case.
Six Colombian Nationals Plead Guilty to Conspiracy to Use “Narco-Submarines” to Smuggle over 19,000 Kilograms of Cocaine to the Sinaloa CartelRead the Press Release
Tampa, FL – Acting United States Attorney Karin Hoppmann announces that six individuals have pleaded guilty to charges stemming from a conspiracy to distribute cocaine using vessels subject to the jurisdiction of the United States (see chart below for details).
Fernando Pineda-Jimenez Transnational Criminal Organization
Name
Age
Status
Fernando Pineda-Jimenez, a/k/a “Padrino”
40
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Luis Ernesto Perez-Quevedo, a/k/a “Acuerpado”
45
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States, and one count of conspiracy to import five kilograms or more of cocaine into the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Adrian Luna-Munoz, a/k/a “Vaca”
45
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Yesid Eduardo Torres-Solis, a/k/a “Perro”
41
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Hector Ruiz-Angulo, a/k/a “Maestro”
54
Pleaded guilty to one count of conspiracy to distribute five kilograms or more of cocaine on a vessel subject to the jurisdiction of the United States.
Faces a minimum mandatory of 10 years in federal prison and a maximum term of life imprisonment.
Rodrigo Pineda-Torres, a/k/a “Gordo”
53
Pleaded guilty to one count of conspiracy to import five kilograms or more of cocaine into the United States.
Sentenced to 11 years and 3 months in federal prison.
A separate co-conspirator, Jimmy Riascos-Riascos, was sentenced in January 2020 to 24 years and 4 months’ imprisonment for his role in the same conspiracy. Another co-conspirator in that case, Alonso Pineda-Torres, a/k/a “Galladita,” is awaiting sentencing.
According to the plea agreements filed in this case, the defendants were part of a transnational criminal organization that dispatched self-propelled semi-submersible (SPSS) vessels, sometimes known as narco-submarines, from Colombia into the Pacific Ocean, destined for Sinaloa Cartel members in Oaxaca, Mexico. The defendants served various roles and responsibilities such as overseeing security at the SPSS construction sites and building the fiberglass hulls for these vessels. Fernando Pineda-Jimenez was identified as, and admitted to, being the boss of the organization.
In July and August 2015, and March 2016, in international waters, the United States interdicted three SPSS vessels that had departed from Colombia and were en route to Mexico. The first SPSS carried approximately 6,900 kilograms of cocaine, the August 2015 SPSS carried approximately 6,845 kilograms of cocaine, and the March 2016 SPSS contained approximately 5,824 kilograms of cocaine. In total, the SPSS vessels carried over 19,000 kilograms (or nearly 42,000 pounds) of cocaine. A substantial portion of that cocaine was ultimately intended for the United States. A separate SPSS, linked to Rodrigo Pineda-Torres, was seized in October 2017 in Colombia before it could be loaded with cocaine.
This case was investigated by the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. The Department of Justice’s Office of International Affairs substantially assisted in the extradition of the defendants to the United States. This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
The case was prosecuted by Assistant United States Attorney Dan Baeza.
Seven More Charged for Involvement in Staged Automobile Accident SchemeRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced today the August 26, 2021 Indictment of ASHLEY McGOWAN (“McGOWAN”), age 35; LERTRICE JOHNSON (“L. JOHNSON”), age 45; DAVIENQUE JOHNSON (“D. JOHNSON”), age 27; HERBERT ALLEN (“ALLEN”), age 36, TROYLYNN BROWN (“T. BROWN”), age 34; DION RIDLEY (“RIDLEY”), age 22; and JARVIS BROWN (“J. BROWN”), age 29, of New Orleans, Louisiana. These seven defendants were charged in a four-count federal indictment. All of the defendants were charged in count one (1) with Conspiracy to Commit Mail Fraud in violation of Title 18, United States Code, Section 371. McGOWAN, L. JOHNSON, and D. JOHNSON were charged in count two (2) with Mail Fraud in violation of Title 18, United States Code, Sections 1341 and 2. ALLEN, T. BROWN, RIDLEY, and J. BROWN were charged in counts three (3) and four (4) with Mail Fraud in violation of Title 18, United States Code, Sections 1341 and 2. If convicted, the defendants face a maximum penalty of five (5) years for Count 1 and twenty (20) years as to Counts 2-4. Upon their release from prison, each defendant can be placed on a term of supervised release for up to five (5) years and fined up to $250,000.00 per count. The defendants must pay a mandatory $100 special assessment cost for each count of conviction. Today’s Indictment brings the total of defendants charged in this federal probe into the staging of accidents with tractor-trailers to 40.
The Indictment charges these defendants with conspiring among themselves and with others to stage automobile accidents with tractor-trailers in order to defraud trucking and insurance companies. Two incidents are at the center of this Indictment. The first occurred on June 8, 2016, when McGOWAN, L. JOHNSON, and D. JOHNSON conspired with Damien Labeaud (“Labeaud”), Keishira Robinson (“K. Robinson”), and others to intentionally collide with a tractor-trailer in the area of Chickasaw Street and Louisa Street in New Orleans. After the intentional collision, McGOWAN, L. JOHNSON, and D. JOHNSON lied in depositions, falsely claiming that K. Robinson was driving the car that collided with the tractor-trailer, when in fact Labeaud was driving the car and intentionally hit the tractor-trailer. The defendants also falsely claimed that McGOWAN was in the car at the time of the collision, even though she had been riding in the “spotter” or getaway car and entered the “slammer” car only after the collision occurred. For their part, Labeaud and K. Robinson have been charged in previous indictments and pleaded guilty to their role in the staged automobile accident scheme.
The second intentional collision occurred on June 28, 2017, and involved defendants ALLEN, T. BROWN, RIDLEY, and J. BROWN. Each of these defendants was a passenger in a car that intentionally collided with a tractor-trailer on the corner of Calliope Street and Tchoupitoulas Street in New Orleans. The driver of the car at the time was Roderick Hickman (“Hickman”), another individual who was previously charged and has pleaded guilty to staging automobile accidents. Each of the four defendants lied in depositions, falsely claiming that ALLEN was driving the car, when in fact Hickman was driving the car that intentionally hit the tractor-trailer. Labeaud drove the getaway car and picked up Hickman after the collision occurred.
As discussed in the Indictment, Labeaud and Hickman received payments for referring the defendants to attorneys who would handle their cases. The defendants were treated by doctors and healthcare providers at the direction of their attorneys. Furthermore, through their attorneys, the defendants secured settlements from the insurance companies who insured the commercial carriers.
The defendants will be required to appear before a United States Magistrate Judge for an initial appearance and arraignment on this Indictment.
U.S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
The U.S. Attorney’s Office would like to acknowledge the assistance of the Federal Bureau of Investigation, Louisiana State Police, and the Metropolitan Crime Commission with this matter. The prosecution of this case is being handled by Assistant U.S. Attorney Brandon S. Long; Brian M. Klebba, Chief of the Financial Crimes Unit; Assistant U.S. Attorney Maria M. Carboni; Assistant U.S. Attorney Edward Rivera; and Assistant U.S. Attorney Shirin Hakimzadeh.
* * *
Seattle doctor settles allegations he improperly wrote controlled substance prescriptionsRead the Press Release
Seattle – Dr. Gerald Lee, a Seattle physician, has agreed to pay $150,000 to resolve allegations that he violated the Controlled Substances Act and False Claims Act, announced Acting U.S. Attorney Tessa M. Gorman. Specifically, the United States alleges that from January 2016 to September 2017, Dr. Lee violated the Controlled Substances Act by writing 23 prescriptions for controlled substances, primarily opioids and benzodiazepines, outside the usual course of his professional practice, to a patient with whom he was having a sexual relationship. The United States also alleges that Dr. Lee violated the False Claims Act by causing claims for the patient’s treatment and prescriptions to be submitted to Medicare.
In addition to agreeing to pay the $150,000 settlement, Dr. Lee has also agreed not to reapply for a controlled substances registration with the Drug Enforcement Administration (“DEA”) for a period of two years. Without the DEA registration, Dr. Lee will not be able to prescribe controlled substances during this time.
“Submission of false Medicare claims is an attempt to pilfer taxpayer money meant to serve community members needing health-sustaining services,” said Steven Ryan, Special Agent in Charge with the U.S. Department of Health and Human Services. “Our agency and partners are unwaveringly dedicated to pursing and holding accountable providers who place their self-interests above the law.”
“We are charged with protecting our citizens and keeping our communities safe,” stated DEA Special Agent in Charge Frank Tarentino. “This investigation demonstrates the need for strict accountability of the rogue healthcare programs and professionals who abuse their position for profit by exploiting the patients and programs our law-abiding public deserves. This cooperative and coordinated law enforcement operation exemplifies the DEA’s relentless commitment to safeguarding the safety of patients and the reliability of the health care industry.”
In the settlement agreement, Dr. Lee does not admit any wrongdoing or liability, and the government maintains that its allegations are well founded.
The case was investigated by the DEA and HHS and Assistant U.S. Attorney Ashley Burns handled the matter for the United States Attorney’s Office.
San Bernardino Man Who Robbed 28 Food and Retail Stores During Five-Month Crime Spree Sentenced to 6 Years in Federal PrisonRead the Press Release
LOS ANGELES – A San Bernardino man who robbed more than two dozen retail and fast-food stores during a five-month span in Los Angeles and San Bernardino counties was sentenced today to 72 months in federal prison.
David Sanchez, 41, was sentenced by United States District Judge Mark C. Scarsi. Sanchez pleaded guilty on June 21 to two counts of interference with commerce by robbery.
From November 2020 to April 2021, Sanchez robbed 28 fast food restaurants and retail stores. In each robbery, he brandished what appeared to be a firearm – but was in fact a BB gun – and demanded money from the cash registers. The robberies netted a total of at least $3,853.
Sanchez admitted in his plea agreement to robbing stores and food shops in Lynwood, Long Beach, South Gate, San Bernardino, Palmdale, Compton, Whittier, Fontana and Bellflower. The robberies targeted Walgreens, Circle K, Little Caesar’s Pizza, Subway, El Rey Supermarket, Lynwood Farmer’s Market, Family Dollar Store, Starbucks, Domino’s Pizza and Dollar Tree outlets.
“This is a crime that leaves lasting stress and trauma that victims remember for their entire lives,” the government wrote in its sentencing memorandum. “Each victim is forced to return work at these locations and deal with customers, never knowing if they will again be robbed or threatened with a dangerous weapon.”
The FBI and the Los Angeles County Sheriff’s Department investigated this matter.
Assistant United States Attorney Kevin J. Butler of the Violent and Organized Crime Section prosecuted this case.
Romanian National Sentenced to 54 Months in Prison for Role in ATM Skimming ConspiracyRead the Press Release
TRENTON, N.J. – A Romanian national was sentenced today to 54 months in prison for his role in a conspiracy to steal bank account information from thousands of customers by installing secret card-reading devices and pinhole cameras on ATMs throughout New Jersey and elsewhere, Acting U.S. Attorney Rachael A. Honig announced.
Dorinel Trofin, 47, previously pleaded guilty to conspiracy to commit bank fraud. U.S. District Judge Peter G. Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Trofin admitted he was part of an ATM skimming scheme that stole bank account information by installing hidden card-reading devices on ATMs throughout northern and central New Jersey. Trofin previously acknowledged that he and his conspirators created bank cards using the fraudulently obtained account information, which they used to unlawfully withdraw large amounts of cash from various ATMs. The scheme, which involved actual and attempted losses exceeding $1.5 million dollars, impacted over 1,000 bank customers.
In addition to the prison term, Judge Sheridan sentenced Trofin to five years of supervised release and ordered him to pay $443,277 in restitution.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark; detectives with the Middlesex County Prosecutor’s Office, under the direction of Prosecutor Yolanda Ciccone; and detectives with the Woodbridge Police Department, under the direction of Police Director Robert Hubner, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Shawn Barnes of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Redondo Beach Man Charged with Firearms and Narcotics Trafficking Offenses, One Alleging Fentanyl Sale that Resulted in Fatal OverdoseRead the Press Release
LOS ANGELES – A federal grand jury indictment unsealed today charges a Redondo Beach man who allegedly sold counterfeit oxycodone pills laced with fentanyl that caused a fatal opioid overdose.
Marcus Michael Takaya Poydras, 32, a dual U.S. and Japanese citizen, was arrested September 9 by agents with the Drug Enforcement Administration. The following day, a United States magistrate judge ordered Poydras held without bond pending trial, which is currently set for November 2.
The five-count indictment that led to Poydras’ arrest charges him with one count of distributing fentanyl resulting in death, one count of possession with intent to distribute cocaine, one count of possession with intent to distribute fentanyl, and two counts of possession of a firearm in relation to a drug trafficking crime. The five charges relate to three incidents.
In the first incident, Poydras allegedly sold to another drug dealer counterfeit oxycodone pills containing fentanyl. After the January 22, 2020, transaction, the second drug dealer distributed the counterfeit pills to a 43-year-old victim who later suffered a fatal fentanyl overdose at his Marina del Rey residence.
As part of the investigation into the overdose death, DEA agents and the Los Angeles County Sheriff’s Department executed a federal search warrant at Poydras’ residence on July 14, 2020, and, according to the indictment, seized cocaine and a .38-caliber revolver with an obliterated serial number.
In the third incident alleged in the indictment, Redondo Beach Police officers arrested Poydras on January 17, 2021, and recovered several suspected controlled substances, including counterfeit oxycodone pills containing fentanyl. At the time, Poydras was allegedly carrying a loaded 9mm semi-automatic handgun.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The charge of drug distribution resulting in death carries a mandatory minimum sentence of 20 years in federal prison and a maximum sentence of life imprisonment. Additionally, each firearm charge carries a consecutive mandatory minimum sentence of five years apiece. Thus, if convicted, Poydras would face a mandatory minimum sentence of 30 years in federal prison.
The DEA, the Los Angeles County Sheriff’s Department, and the Redondo Beach Police Department are investigating this matter.
Assistant United States Attorney Patrick Castañeda of the International Narcotics, Money Laundering, and Racketeering Section is prosecuting this case.
This case is the result of an investigation by the DEA’s Overdose Justice Task Force, which was created to address opioid-related deaths in the greater Los Angeles area, most of which are caused the synthetic opioid fentanyl. Under the Overdose Justice program for the DEA’s Los Angeles Field Division, DEA agents collaborate with local law enforcement to analyze evidence to determine if there are circumstances that might lead to a federal criminal prosecution, and, if so, proactively target the drug trafficker.
Pittsburg County Resident Pleads Guilty to Assault Resulting in Serious Bodily Injury in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Jeffrey Dywane Holcomb, age 24, of Pittsburg County, Oklahoma pleaded guilty to Assault Resulting in Serious Bodily Injury in Indian Country, in violation of Title 18, United States Code, Sections 113(a)(6), 1151 and 1153, punishable by imprisonment for a period of not more than 10 years and/or a fine of up to $250,000, a term of supervised release of not more than 3 years, and a special assessment fee of $100.
The facts and circumstances occurred on the evening of July 12, 2020 in the City of McAlester, Oklahoma. The defendant and victim were in a verbal dispute when the defendant struck the victim several times causing him to lose consciousness, fall and hit his head on the pavement below. The victim’s injuries were so severe that he was airlifted to a hospital in Tulsa, Oklahoma for treatment.
The McAlester Police Department and Federal Bureau of Investigation investigated the case.
U.S. District Judge Charles B. Goodwin accepted the plea and ordered the completion of a presentence investigation report. Special Assistant U.S. Attorneys Robert Moody and Mike Shannon represented the United States.
Passaic County Convicted Felon Admits Illegal Possession of FirearmRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man with previous felony convictions today admitted illegally possessing a firearm and ammunition, Acting U.S. Attorney Rachael A. Honig announced.
Keyron Greene, 34, of Paterson, pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging him with one count of possession of a firearm by a convicted felon.
According to documents filed in this case and statements made in court:
On Dec. 18, 2020, Paterson Police Department officers were patrolling the area of Broadway and Carroll Street when the officers observed Greene, who immediately began to flee upon observing the officers. Greene discarded a large capacity magazine containing 26 rounds of .40 caliber ammunition and a Glock 22 Generation .40 caliber semi-automatic handgun as he ran from the officers before being apprehended and arrested.
Greene has previously been convicted of felony offenses, including possession of controlled substances.
The firearms offense to which Greene pleaded guilty carries a maximum sentence of 10 years in prison and a fine of up to $250,000. Sentencing is scheduled for Jan. 20, 2022.
Acting U.S. Attorney Honig credited special agents and task force officers with the ATF, Newark Division, under the direction of Special Agent in Charge Jeffrey L. Matthews and members of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora with the investigation leading to today’s guilty plea.
This case is part of the Violent Crime Initiative (VCI), which was formed in 2020 by the U.S. Attorney’s Office for the District of New Jersey, the Passaic County Prosecutor’s Office, and the City of Paterson’s Department of Public Safety for the purpose of combatting violent crime in and around Paterson. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA, the U.S. Marshals, the Paterson Department of Public Safety, the Paterson Police Department, the Passaic County Prosecutor’s Office, the Passaic County Sheriff’s Office, N.J. State Parole, Passaic County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, and N.J. Department of Corrections.
The government is represented by Special Assistant U.S. Attorney Kendall Randolph of the U.S. Attorney’s Office Organized Crime and Gangs Unit in Newark.
Parkville Man Pleads Guilty to $335 Million Fraud, $615,000 Tax ViolationsRead the Press Release
KANSAS CITY, Mo. – A Parkville, Missouri, man who was charged in two federal cases pleaded guilty in federal court today to his role in a $335 million scheme to defraud federal programs that award contracts to firms owned by minorities, veterans, and service-disabled veterans, and in a separate case to filing false tax returns that cheated the government out of more than $615,000 in taxes owed.
Patrick Michael Dingle, 50, pleaded guilty before U.S. District Judge Roseann Ketchmark to the charges contained in both federal cases. Dingle pleaded guilty to one count of conspiracy to commit wire and major program fraud. Dingle also pleaded guilty, in a separate case, to one count of filing a false tax return.
$335 Million Fraud Conspiracy
By pleading guilty today, Dingle admitted that he conspired with Matthew C. McPherson, 45, of Olathe, Kansas, to fraudulently obtain contracts set aside by the federal government for award to small businesses owned and controlled by veterans, service-disabled veterans and certified minorities.
Dingle was the operations manager for Zieson Construction Company located in North Kansas City, Mo. Dingle and his co-conspirators controlled and operated Zieson, which was originally formed in 2009 with Stephon Ziegler – an African-American service-disabled veteran – as the nominal owner. Zieson’s primary business was obtaining federal construction contracts set aside for award to small businesses owned and controlled by service-disabled veterans or certified minorities. However, Ziegler did not control the day-to-day operations or the long-term decision making of Zieson. Dingle and his co-conspirators actually controlled and operated Zieson, and received most of the profits from Zieson.
Ziegler signed Zieson checks when requested to do so, signed bids for government jobs when requested to do so and served as a courier of checks and invoices when requested to do so. Ziegler did not participate in any way in the management and control of either day-to-day operations or long-term decision-making for Zieson.
Dingle and McPherson were not eligible for these set-aside contracts because they were not certified minorities or veterans. Although Zieson was not eligible, the firm received approximately 199 federal contracts set aside for award to minority-owned small businesses and veteran-owned small businesses between 2009 and 2018. The government paid Zieson approximately $335 million for those contracts. Several of the set-aside contracts awarded to Zieson were valued in excess of $1 million, including a contract at Topeka, Kan., awarded on July 13, 2012, valued at approximately $4,125,800.
Dingle, McPherson, and others submitted false and fraudulent Past Performance Questionnaires in support of Zieson bids for set aside contracts.
McPherson pleaded guilty on June 3, 2019, to one count of conspiracy to commit wire fraud and major program fraud and awaits sentencing.
False Tax Returns
Dingle also pleaded guilty, in a separate case, to filing a false tax return. Dingle admitted that he claimed $799,425 in fraudulent business expenses on his tax return for 2016. As a result of the false and fraudulent expenses offset on Dingle’s 2016 tax return, the government suffered a loss of approximately $349,784.
Dingle also admitted that he filed false tax returns over a four-year period from 2013 to 2016, which resulted in a total loss to the government of $615,847. Under the terms of today’s plea agreement, Dingle must pay restitution to the government in the total amount of federal tax loss as determined by the court at sentencing.
Under federal statutes, Dingle is subject to a sentence of up to eight years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the Department of Veterans Affairs, Office of Inspector General; the Department of Defense Criminal Investigative Service; the U.S. General Services Administration, Office of Inspector General; the U.S. Small Business Administration, Office of Inspector General; the Army Criminal Investigation Command, Major Procurement Fraud Unit; the Department of Agriculture, Office of Inspector General; IRS-Criminal Investigation; the U.S. Secret Service; the Air Force Office of Special Investigations, Procurement Fraud; the Naval Criminal Investigative Service; the Defense Contract Audit Agency - Operations Investigative Support (OIS); the U.S. Department of Labor, Office of Inspector General; and the Department of Labor, Employee Benefits Security Administration (EBSA).
New Hampshire Woman Sentenced for Conspiring to Distribute MethamphetamineRead the Press Release
PORTLAND, Maine—A New Hampshire woman was sentenced today in U.S. District Court in Portland for conspiring to distribute over 500 grams of methamphetamine, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge D. Brock Hornby sentenced Corina Fall, 47, to 90 months in prison and five years of supervised release. Fall pleaded guilty on June 3, 2021.
According to court records, between March 2018 and February 2019, Fall conspired with her husband and others to distribute methamphetamine in New Hampshire and Maine. During the conspiracy, Fall and her husband were stopped by the Illinois State Police while bringing methamphetamine back to New England from California. Law enforcement officers seized nearly a kilogram of methamphetamine from their vehicle as part of that traffic stop. Investigators later made multiple controlled purchases of methamphetamine from Fall and her co-conspirators. Fall was living in Rumford, Maine at the time.
The U.S. Drug Enforcement Administration, the Rumford Police Department, the Maine Drug Enforcement Agency, the New Hampshire State Police, the New Hampshire Attorney General’s Drug Task Force, the Carroll County (New Hampshire) Sheriff’s Office and the Illinois State Police investigated the case.
New Bedford Man Sentenced for Being a Felon in Possession of a Firearm and AmmunitionRead the Press Release
BOSTON – A New Bedford man was sentenced on Friday, Sept. 10, 2021 in federal court in Boston for illegally possessing a Mustang .380 pistol and ammunition.
Victor Morales, 35, was sentenced by U.S. District Court Judge Patti B. Saris to 70 months in prison and two years of supervised release. On June 8, 2021, Morales pleaded guilty to one count of possessing a firearm and ammunition while being a convicted felon.
On approximately July 20, 2020, Morales possessed a Colt MK IV Mustang .380 loaded pistol and 12 rounds of .380 caliber ammunition in his apartment. Federal law prohibits Morales from possessing a firearm or ammunition due to a prior felony conviction.
Acting United States Attorney Nathaniel R. Mendell; James Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Assistant U.S. Attorneys Kenneth G. Shine and Evan Gotlob of Mendell’s Major Crimes Unit prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Navajo woman sentenced to 19 years in prison for manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Trudy Martinez, 30, of Bread Springs, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on Sept. 10 in federal court to 19 years in prison for voluntary manslaughter and using a firearm during and in relation to a crime of violence in Indian Country. Martinez pleaded guilty on March 16, 2020.
According to the plea agreement and other court records, Martinez shot Jane Doe, her sister-in-law, in the abdomen with an AR-15 assault rifle. Martinez hid the firearm in an arroyo and then remained at large for several days before being arrested while throwing a birthday party for one of her children in a park in Gallup, New Mexico. Martinez admitted that she intentionally killed Jane Doe while during an argument. The murder took place at a residence located in McKinley County on the Navajo Nation.
Upon her release from prison, Martinez will be subject to five years of supervised release.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Navajo Nation Police Department. Assistant U.S. Attorney Thomas J. Aliberti prosecuted the case.
Monessen Man Sentenced to More than 7 Years in Prison for Drug and Gun Law OffensesRead the Press Release
PITTSBURGH, PA – A former resident of Westmoreland County has been sentenced in federal court to 87 months’ imprisonment on his conviction for violating the federal narcotics and firearms laws, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge William S. Stickman, IV imposed the sentence on Eric T. Emerson, 32, formerly of Monessen, Pennsylvania.
According to information presented to the Court, on March 1, 2019, agents executed a search warrant at Mr. Emerson’s residence in Monessen, PA, where they seized four firearms, ammunition, firearm accessories, and drug paraphrenia used in the distribution of narcotics. Agents also seized approximately 300 individual dosage units (weighing an aggregate of 20 grams) containing mixtures of heroin and fentanyl, which are scheduled controlled substances under federal law. In connection with his guilty plea, Mr. Emerson admitted that he possessed those narcotics intending to distribute them, and that he possessed the seized firearms in furtherance of that drug trafficking offense.
Following the 87-month term of imprisonment, Mr. Emerson will be supervised by the United States Probation Office for six years. Mr. Emerson will remain in the custody of the United States Marshals Service pending transfer to a Bureau of Prisons facility.
Assistant United States Attorney Jerome A. Moschetta prosecuted this case on behalf of the government.
Acting United States Attorney Stephen R. Kaufman commended the Drug Enforcement Administration, the Pennsylvania Office of the Attorney General, and the Monessen Police Department for the investigation leading to the successful prosecution of Mr. Emerson.
Miami Nurse Pleads Guilty to Threatening to Kill Vice President Kamala HarrisRead the Press Release
Miami, Florida – Thirty-nine-year-old Niviane Petit Phelps, of Miami-Dade County, pled guilty on Friday in federal district court to a six count indictment charging her with making threats to kill Vice President Kamala Harris.
During the change of plea hearing, Phelps admitted that in February, she sent her husband, who was in prison, 30-second video clips of herself threatening to kill the Vice President. The videos show Phelps making the threats, screaming curse words, saying that she had accepted $53,000, to carry out the “hit” against Vice President Harris, and explaining that she would carry out the assassination within 50 days. Some of the video clips she recorded herself; others she had her children record. After sending these videos, Phelps sent a photograph of herself holding a firearm with a target sheet at a gun range. Two days later, Phelps applied for a concealed weapon permit. Phelps also admitted to telling law enforcement officers who handled this case, that if they had not come to her house, she “doesn’t know” what would have happened.
Phelps is scheduled for sentencing on November 19, 2021, at 2:00 p.m. before United States District Judge Jose E. Martinez, where she faces a possible maximum sentence of five years in prison.
Juan Antonio Gonzalez, Acting United States Attorney for the Southern District of Florida, and Brian Swain, Special Agent in Charge, United States Secret Service, Miami Field Office made the announcement.
USSS Miami investigated the case, which is being prosecuted by Assistant United States Attorneys Abbie Waxman and Michael Gilfarb.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov, under case number 21-cr-20087.
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Mexican National Sentenced to More Than 5 Years in Prison for Conspiring to Distribute Methamphetamine Dropped from AirplaneRead the Press Release
LOS ANGELES – A Mexican national was sentenced today to 63 months in federal prison for conspiring to distribute nearly 120 pounds of methamphetamine that had been dropped in the desert by an airplane that had crossed the U.S.-Mexico border.
Juan Carlos Iturriaga-Centeno, 34, a one-time resident of Mecca, was sentenced by United States District Judge Dale S. Fischer. Iturriaga-Centeno pleaded guilty on April 30 to one count of conspiracy to distribute methamphetamine.
In December 2019, Iturriaga-Centeno and his co-conspirators drove off-road utility vehicles into the desert near North Shore, a Riverside County community located near the Salton Sea. There, they waited for an ultralight airplane, which had crossed the United States-Mexico border, to drop packages of methamphetamine, which were attached to a parachute.
The methamphetamine had GPS tracking devices attached to it and Iturriaga-Centeno and the co-conspirators used a cell phone to locate the GPS trackers and retrieve the package of methamphetamine. The packages contained 116.4 pounds (52.8 kilograms) of methamphetamine, according to court documents.
Border Patrol and the Air and Marine Operations Center in Riverside tracked the ultralight airplane as it crossed the international border near Calexico, according to court documents. After radar surveillance indicated that the aircraft descended and then headed back to Mexico, a California Highway Patrol aircraft saw two vehicles. The two vehicles left the area and were intercepted by a marked Border Patrol vehicle. A Polaris off-road vehicle occupied by Iturriaga-Centeno and his brother, Leonardo Iturriago-Centeno, 30, stopped, but a Can-Am vehicle with two other men sped away. The Can-Am vehicle was driven into the Coachella Canal, and the Border Patrol rescued Victor Efren Bugarin-Perez, 30, of Mecca, and Juan Favela-Paredez, 26, a Mexican national, when they were unable to exit the canal.
Favela-Paredez and Leonardo Iturriaga-Centeno – each pleaded guilty to one count of conspiracy to distribute methamphetamine. Judge Fischer sentenced both defendants to 57 months in federal prison. Bugarin-Perez, the case’s lead defendant, fled after being freed on bond in this case.
The Drug Enforcement Administration investigated this case.
Assistant United States Attorney Benjamin J. Weir of the Riverside Branch Office prosecuted this matter.
Methamphetamine trafficking sends Belt man to prisonRead the Press Release
GREAT FALLS — A Belt man who admitted to trafficking methamphetamine in Cascade County was sentenced today to 38 months in prison to be followed by three years of supervised release, Acting U.S. Attorney Leif M. Johnson said.
Lance Winslow Stoddard, 51, pleaded guilty on May 26 to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided. Chief Judge Morris also ordered Stoddard to pay a $10,000 money judgment and to forfeit firearms.
In court documents, the government alleged that Stoddard had been trafficking large quantities of meth in the community from about 2016 to June 2020. Individuals told law enforcement Stoddard had drug sources in Las Vegas and California. In September 2019, agents learned that Stoddard was traveling to Las Vegas to buy three pounds of meth. Three pounds of meth is the equivalent of about 10,872 doses. Law enforcement conducted controlled purchases of meth from Stoddard in October 2019. During an arrest of Stoddard in December 2019, law enforcement searched Stoddard’s car and found baggies with powder residue and two firearms.
Assistant U.S. Attorney Jessica A. Betley prosecuted the case, which was investigated by the FBI, Great Falls Police Department and Cascade County Sheriff’s Office.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Mattoon Sex Offender Sentenced to 45 Years in Prison for Sexual Exploitation of ChildrenRead the Press Release
URBANA, Ill. –Jeffrey M. West, 53, of the 1300 block of S. Third Street, in Mattoon, Illinois, was sentenced today to 45 years (540 months) in federal prison for child sexual exploitation offenses.
In April 2021, a federal jury convicted West of two counts of sexual exploitation of minors; two counts of commission of the offense by a registered sex offender; two counts of receiving child pornography; and one count of possession of child pornography.
The government’s evidence at the April trial established that law enforcement became aware of West when a minor disclosed that West had sexually abused him in 2019. During the subsequent investigation, computer forensic analysis showed that West had collected more than 1,000 images and videos involving child pornography, including sexually explicit depictions of infants and prepubescent minors, which were found on multiple devices in his home and at his business, West Side Motors, in Mattoon.
In addition, the government’s evidence showed that West used the video-chatting website Omegle to entice and coerce multiple unidentified minor males to engage in sexually explicit conduct, which he captured for his child pornography collection.
West has a prior conviction in Coles County for aggravated criminal sexual abuse of a 10-year-old minor female and a 4-year-old minor male.
West was arrested in May 2019 in Mattoon on state charges, but was released on bond. In September 2019, a federal grand jury charged West by indictment, and he was subsequently arrested on the federal charges. Later that month, U.S. Magistrate Judge Eric I. Long ordered that West be detained pending trial. He has remained in the custody of the U.S. Marshals Service since his federal arrest.
Following West’s release from prison he will be on supervised release for fifteen years and will be required to register as a sex offender.
“Those who choose to sexually abuse children will be caught, prosecuted, and severely punished,” said Acting U.S. Attorney Douglas J. Quivey. “I commend the diligent investigators of the Mattoon Police Department, working in conjunction with the FBI, for making our community safer.”
The charges are the result of an investigation by the Mattoon Police Department, with assistance from the Federal Bureau of Investigation, Springfield Division, and the Coles County State’s Attorney’s Office. Assistant U.S. Attorneys Elly Peirson and Keith Hollingshead-Cook represented the government at trial.
The case was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat the epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Maryland man sentenced for firearms traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – Brayan Mengou, of Hagerstown, Maryland, was sentenced today to 60 months of incarceration for participating in a firearms trafficking conspiracy, Acting U.S. Attorney Randolph J. Bernard announced.
Mengou, age 22, pled guilty in July 2020 to one count of “Aiding and Abetting Illegal Transportation or Receipt in State of Residency of Firearms Purchased or Acquired Outside of State of Residency.” Mengou worked with others to transport several firearms from Berkeley County to Maryland in October 2019.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Man Sentenced to 20 Years in Prison for Attempting to Provide Material Support to ISIS and Attempting to Commit a Hate CrimeRead the Press Release
An Ohio man was sentenced today to 20 years in prison for attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), and attempting to commit a hate crime, for planning an attack on a synagogue in the Toledo, Ohio area.
Damon M. Joseph, aka Abdullah Ali Yusuf, 23, of Holland, Ohio, pleaded guilty in May 2021. According to court documents, in 2018, Joseph drew the attention of law enforcement by posting photographs of weapons and various messages in support of ISIS on his social media accounts, as well as a photograph originally distributed by the media wing of ISIS.
“Inspired by ISIS, Damon Joseph planned to conduct a deadly terrorist attack at a synagogue in Ohio. He hoped to cause mass casualties by selecting a time when numerous innocent victims would be present. For this conduct, he will now spend 20 years in prison,” said Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division. "We are committed to identifying, disrupting, and holding accountable individuals who seek to engage in such attacks. I commend the agents, analysts, and prosecutors who identified the threat posed by this defendant and took action to protect the public from his plans.”
“The defendant planned to cause significant harm to members of the Toledo, Ohio, Jewish community by carrying out a violent federal hate crime,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This sentence should send a strong message that those who target people with violence because of their religion, will be held to account. The Department of Justice’s Civil Rights Division will continue to vigorously investigate and prosecute individuals who use violence to attack our religious communities.”
“Today, Damon Joseph was sentenced to 20 years of incarceration and a lifetime term of supervised release for attempting to support ISIS through violent attacks on Jewish congregants, including children, and any first responders who sought to protect and assist them,” said U.S. Attorney Bridget M. Brennan of the Northern District of Ohio. “It is difficult to conceive of a more heinous plot, let alone reconcile that this plot involved violating our country’s solemn obligation to protect the civil rights of every person in an effort to support a foreign terrorist organization. This case should serve as a reminder to anyone considering a similar path: the Department of Justice remains committed to bringing every person who supports a foreign terrorist organization or commits a hate crime to justice.”
“In a matter of months, Damon Joseph progressed from a self-radicalized, virtual jihadist to planning an actual attack on fellow Americans,” said Special Agent in Charge Eric B. Smith of the FBI’s Cleveland Field Office. “Mr. Joseph will now serve time behind bars for his actions. In the name of ISIS, Joseph planned a mass-casualty attack against citizens simply wanting to attend their desired houses of worship, which were two Toledo-area synagogues. Joseph's terroristic actions are antithetical to a just and free society, and he will serve a lengthy sentence as a result. The FBI would like to remind the public to remain vigilant so we can continue to thwart these types of threats together."
Beginning in September 2018, Joseph engaged in a series of online conversations with several undercover FBI agents where he repeatedly stated and affirmed his support for ISIS and produced propaganda which he believed was to be used for ISIS recruitment efforts.
Over the next few weeks, Joseph stated to an undercover agent that he wanted to participate in an attack on behalf of ISIS. On Dec. 2, 2018, Joseph forwarded a document to the agent that laid out his plans for such an attack on “Jews who support state of Israel.” Joseph then stated that he did not necessarily see this as “a martyrdom operation” as his plan accounted for an escape and potential combat with law enforcement.
On Dec. 4, Joseph met with an undercover FBI agent and discussed conducting a mass shooting at a synagogue. Joseph identified two synagogues in the greater Toledo area as potential targets and discussed the types of weapons he believed would inflict mass casualties. Joseph made written notes about the firearms he wanted and provided them to the undercover agent, stating he wanted AR 15s, AK 47, Glock handguns and ammunition.
On Dec. 6, Joseph again met with an undercover agent to discuss his plans. Joseph stated specifically that he wanted to kill a rabbi and wrote the name and address of the synagogue where the attack was to occur and stated that he had conducted research to determine when the Jewish sabbath was so that more people would be present.
Later that day, the undercover agent told Joseph that he had purchased rifles for the attack. The two met on Dec. 7 at a predetermined location, where Joseph took possession of a black duffel bag containing two semi-automatic rifles, which had been rendered inoperable by law enforcement officers so that they posed no danger to the public. Joseph was then arrested.
The FBI’s Joint Terrorism Task Force, comprised of over 50 federal, state and local law enforcement agencies, investigated the case.
Assistant U.S. Attorneys Michelle Baeppler and Jerome Teresinski of the Northern District of Ohio and Trial Attorneys Alexandra Hughes and Joshua Champagne of the National Security Division’s Counterterrorism Section, as well as AeJean Cha of the Civil Rights Division prosecuted the case.
Jury Convicts Foreign Service Officer and Former Spouse for Obtaining U.S. Citizenship by FraudRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a California woman and Russian-born man on Friday on charges of conspiracy and obtaining U.S. citizenship by fraud.
According to court records and evidence presented at trial, Laura Gallagher, 32, a Foreign Service Officer with the U.S. Department of State, and Andrey Kalugin, 36, originally of Russia, conspired together to obtain lawful permanent residence and U.S. citizenship for Kalugin through his marriage to Gallagher.
“The jury’s verdict holds these two defendants accountable for orchestrating a scheme to defraud the United States and obtain unlawful citizenship and passports,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “Gallagher disregarded her responsibilities to the public as a federal government employee and licensed attorney when she engaged in this fraudulent scheme with Kalugin. Thanks to the dedication of the trial team and our partners at the State Department, these defendants have been brought to justice.”
Evidence presented at trial demonstrated that the defendants met in law school in 2013. Kalugin was in the United States on a student visa that was due to expire in July 2015. The defendants married in June 2015 and submitted applications for Kalugin to obtain his “green card.” The defendants moved from California to Virginia in March 2016, but split up soon thereafter. However, they continued with the immigration process.
“The Diplomatic Security Service is firmly committed to working with the U.S. Attorney’s Office to investigate allegations of crime related to naturalization fraud and to bring those who commit these crimes to justice,” said Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service. “When a Department employee in a position of trust is alleged to have committed a federal felony involving naturalization fraud by exploiting their status, we vigorously investigate claims of corruption.”
Gallagher, who is also a California-licensed attorney, then prepared for Kalugin an application for 319(b) expeditious naturalization, which is a benefit available to spouses of citizens who are regularly stationed abroad for their employment. The defendants provided materially false responses in the application, including that Kalugin was still in a good-faith marriage and intended to reside with Gallagher abroad and return with her to the United States. Kalugin appeared for an interview on Feb. 5, 2018 with U.S. Citizenship and Immigration Services (USCIS) in Fairfax, where he repeated the false statements to the adjudicating officer. After USCIS approved the application and he received his citizenship, Kalugin fraudulently obtained U.S. Diplomatic and tourist passports. Shortly thereafter, Gallagher filed for divorce.
Gallagher and Kalugin each face a maximum penalty of 10 years in prison when sentenced on Feb. 4, 2022. Actual sentences for federal crimes are typically less than the maximum penalties. Kalugin additionally faces mandatory revocation of his U.S. citizenship. 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 Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service, made the announcement after Senior U.S. District Judge T. S. Ellis, III accepted the verdict.
Assistant U.S. Attorneys Raizza K. Ty and Morris R. Parker, Jr. are 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. 1:21-cr-43.
Jefferson County man sentenced to 20 years for role in drug distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Armstead William Craig, of Ranson, West Virginia, was sentenced today to 240 months incarceration for his role in a drug distribution operation, Acting U.S. Attorney Randolph J. Bernard announced.
“For far too long, illegal drugs have exacted a heavy toll on the lives of hard-working West Virginians. The sentence imposed by Court today makes it abundantly clear that selling drugs in the Northern District of West Virginia comes at a heavy price. In this case, the cost to the defendant is twenty (20) years of his life. It simply is not worth it. The United States Attorney’s Office and its law enforcement partners will continue to make every effort to drive that message home,” said Bernard.
Craig, also known as “Manny” and “Manny Moo,” age 42, pled guilty to one count of “Distribution of Cocaine Base” in October 2019. Craig admitted to selling cocaine base for $700 in March 2018 in Jefferson County.
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.
Assistant U.S. Attorney Lara K. Omps-Botteicher, Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, and Assistant U.S Attorney Timothy D. Helman prosecuted the case on behalf of the government. The Federal Bureau of Investigation; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Berkeley County Prosecuting Attorney’s Office, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department investigated.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force 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 to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations.
Chief U.S. District Judge Gina M. Groh presided.
Original case indictment release here: https://www.justice.gov/usao-ndwv/pr/33-indicted-heroin-cocaine-and-fentanyl-distribution-operation-berkeley-and-jefferson
Indian national admits to role in government impersonation call center scamRead the Press Release
HOUSTON – A 37-year-old Indian citizen who was illegally residing in Houston has entered a guilty plea to conspiracy to commit mail fraud, announced Acting U.S. Attorney Jennifer B. Lowery.
Between April and October 2019, Waseem Maknojiya was involved in a telemarketing scheme via Indian call centers to extort money from victims in the United States. Maknojiya acted as a runner in these schemes, using aliases and fake identification documents to pick up more than 70 parcels containing cash the scheme’s victims had mailed.
One common script used in the scheme involved coercing victims into believing federal agents were investigating them. The “agent” on the phone would convince the victim the only way to clear his or her name from investigation was to send cash in a parcel shipped through FedEx to a name and address they provided. Runners in the United States like Maknojiya would then pick up the parcels.
As part of his plea agreement, Maknojiya will pay restitution to the scheme’s identified victims.
U.S. District Judge Lynn N. Hughes accepted the plea and set sentencing for Dec. 13. At that time, Maknojiya faces up to 20 years in prison and a possible $250,000 maximum fine. He will remain in custody pending that hearing.
The FBI, Social Security Administration - Office of Inspector General (SSA-OIG) and Department of Homeland Security - OIG conducted the investigation with the assistance of the Houston Police Department and the Treasury Inspector General for Tax Administration. Assistant U.S. Attorneys Stephanie Bauman and Eun Kate Suh are prosecuting the case.
The SSA consistently warns people of similar scams.
High-Ranking Member of Los Zetas Cartel Sentenced in Eastern District of Texas to a Term of Life ImprisonmentRead the Press Release
PLANO, Texas – A Mexican national and high-ranking member of the Los Zetas cartel received a life sentence for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Hugo Cesar Roman-Chavarria, also known as “El Vecino,” pleaded guilty on August 23, 2019, to conspiracy to possess with intent to distribute 5 kilograms or more of cocaine and was sentenced to a term of life imprisonment by U.S. District Judge Sean Jordan today.
“The mill of justice grinds slowly, but it grinds finely,” said Acting U.S. Attorney Nicholas J. Ganjei. “Since the time of Mr. Chavarria’s criminal indictment nearly a decade ago, we and our dedicated law enforcement partners have never stopped trying to bring him into the United States, and, more particularly, our courts, to answer for his crimes. That day has finally arrived. Mr. Chavarria believed he was operating beyond the reach of the American justice system, but his lengthy sentence shows how mistaken he was. His criminal career now at a close, Mr. Chavarria will no longer be able to import poison into the United States or fuel violence back in Mexico.”
“This lengthy sentence is the culmination of years of collaborative investigations with our trusted law enforcement partners, sending a resounding message that HSI will be relentless in its pursuit of criminals who bring illegal drugs in our communities and they will be brought to justice,” said Ryan S. Spradlin, Special Agent in Charge, HSI Dallas. “The conclusion of this significant operation with this criminal behind bars is a victory against organizations moving dangerous drugs in and across our borders.”
“Transnational Criminal Organizations like Los Zetas are fueled by greed, intimidation, and violence,” said DEA Dallas Special Agent in Charge Eduardo A. Chavez. “Mr. Chavarria’s sentence today reflects that justice wins in the end and the positive impact DEA’s efforts can make on communities not just here in North Texas, but across the country. A kilogram of cocaine seized in Dallas is one less kilogram available for a gang to fight over in Chicago or to be offered to one of our youth in Philadelphia. It matters and DEA Dallas will remain steadfast in destroying command elements of these criminal organizations across the globe.”
Over the course of a three-day sentencing hearing in August and September 2021, the district court heard from 13 witnesses for the government, including other high-ranking Zeta members, who, like Chavarria, had been extradited to the United States to face charges. According to court testimony, from 2007 through 2011, Chavarria oversaw the shipment of enormous quantities of cocaine between Piedras Negras, Coahuila, Mexico, and Eagle Pass, Texas on behalf of the Los Zetas Cartel, in which he was a high-ranking member. The Zetas were notorious for their brutality, even by cartel standards. The Zetas ruthlessly carried out beheadings, hangings, torture, kidnappings, and even boiling or burning people alive, in order to intimidate and demoralize enemies and innocent civilians.
A particularly shocking act of brutality was the 2011 massacre of men, women, and children in the Mexican town of Allende, just 40 minutes from Eagle Pass. The Zetas’ mass killing of town residents was in retaliation for the suspected leaking of information to law enforcement by an individual whose relatives lived in Allende. Numerous witnesses described how Chavarria participated in the massacre by traveling around Allende with Zetas gunmen, pointing out the homes of relatives and associates of the suspected leaker, effectively marking these people and their families for death. After the Zetas finished their mass killing, they loaded the bodies into a barn and incinerated the building. A definitive conclusion has never been reached as to the number of men, women, and children who lost their lives, but the total is believed to be at least 100, and possibly up to 300.
Chavarria also led a separate drug trafficking and money laundering operation, which operated with the permission and protection of the Zetas Cartel. Along with a partner, Chavarria imported 500 kilograms of cocaine into the United States every month. This cocaine was primarily destined for distribution in Texas cities and towns. Bulk currency, in turn, was smuggled from the United States back to Chavarria in Mexico by secreting the cash in washers, dryers, refrigerators, and automobile gas tanks. Chavarria also acquired bulk firearms and military equipment from the United States on behalf of the Zetas, for use in the Cartel’s violent struggles against other drug trafficking organizations.
Chavarria and 17 other individuals were indicted by a federal grand jury on Sep. 15, 2011. They were charged with drug trafficking and money laundering violations. Chavarria was extradited from Mexico to the United States on Nov. 30, 2018 and has been detained since that time.
The investigation and prosecution of Chavarria and his organization comes as part of “Operation Too Legit to Quit,” an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF. To date, the overall operation has resulted in charges against approximately 160 defendants in 28 indictments and the seizure of close to 700 kilograms of cocaine as well as more than $9 million in cash and other assets.
This case was investigated by Homeland Security Investigations and the U.S. Drug Enforcement Administration-Dallas with assistance from DEA-Bogota, DEA-Cartagena, FBI, ATF, Texas Department of Public Safety, Dallas County Sheriff’s Office, Ellis County Sheriff’s Office, Tarrant County Sheriff’s Office, Mesquite Police Department, Fort Worth Police Department, Rowlett Police Department, and Lewisville Police Department. The Justice Department’s Office of International Affairs provided significant assistance in securing extradition from Mexico. This case was prosecuted by Assistant U.S. Attorneys Ernest Gonzalez and Colleen Bloss.
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Guilty Plea in a Mail Theft and Bank Fraud Scheme Committed Throughout Northern CaliforniaRead the Press Release
SACRAMENTO, Calif. — Richard Beldon Waters III, 29, of Contra Costa County, pleaded guilty today to bank fraud and possession of stolen U.S. mail, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, between April and August 2020, Waters and co-defendant Desiree Brianna Bello perpetrated a mail theft and bank fraud scheme throughout Northern California. The scheme involved stealing U.S. mail from residential mailboxes and harvesting bankcards, identification documents, financial information, checks, and personally identifiable information (PII) for use in fraudulent activity. Waters and Bello used the identification and PII of the mail theft victims to obtain money and property from banks and businesses.
On several occasions, Waters and Bello used identification documents and financial instruments of mail theft victims to purchase and lease vehicles from car dealerships. For example, on June 25, 2020, Bello entered a Hyundai dealership in Stockton to lease a new Hyundai Genesis G80 using a stolen identity. She made an initial $7,000 payment with a check in the victim’s name, and also submitted a lease application using the victim’s name, date of birth, California Driver’s License number, and Social Security Number. The dealership ultimately approved the application. Bello was able to drive the new G80 off the lot, which was valued at approximately $55,490. Bello committed these acts with Waters’ knowledge and in furtherance of their bank fraud scheme, of which Waters was a knowing participant.
Additionally, on two separate occasions in May 2020, Waters knowingly possessed stolen U.S. mail. On May 11, 2020, he was arrested in Folsom where he possessed over 300 pieces of stolen mail. Similarly, on May 18, 2020, he was arrested in El Dorado Hills where he possessed five large trash bags of mail that he and his co-schemers had just stolen minutes earlier from a residential complex.
This case is the product of an investigation by the U.S. Postal Inspection Service, the Stockton Police Department, the Folsom Police Department, the Concord Police Department, the Pittsburg Police Department, the El Dorado County Sheriff’s Office, the Sonoma County Sheriff’s Office, and the California Highway Patrol. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Waters is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on Nov. 29, 2021. Bello pleaded guilty in this case to the same charges and is scheduled to be sentenced on Oct. 25, 2021. Waters and Bello face a maximum statutory penalty of 30 years in prison and a $1 million fine for bank fraud and five years in prison and a $250,000 fine for possession of stolen U.S. mail. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which consider a number of variables.
Former correctional officer sentenced for sexual abuse of an inmateRead the Press Release
CLARKSBURG, WEST VIRGINIA – Scott Douglas Born, a former correctional officer at Federal Correctional Institution Hazelton’s Female Facility, was sentenced today to three months of incarceration for the sexual abuse of an inmate, Acting U.S. Attorney Randolph J. Bernard announced.
Born, 33, of Bruceton Mills, West Virginia, pled guilty in February 2021 to one count of “Sexual Abuse of a Ward.” Born admitted to accepting oral sex from an inmate at the secure female facility from September 2018 to January 2019.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Department of Justice Office of Inspector General investigated.
U.S. District Judge Thomas S. Kleeh presided.
Former Waterbury Resident Sentenced to 5 Years in Federal Prison for Trafficking Fentanyl and HeroinRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that WILTON REYNOSO, also known as Manuel Jose Echevarria-Lugo, 47, a citizen of the Dominican Republic last residing in Waterbury, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 60 months of imprisonment for trafficking fentanyl and heroin.
According to court documents and statements made in court, in late 2019, the DEA New Haven Task Force began an investigation into the distribution of heroin and fentanyl in New Haven and Waterbury. The investigation, which included thousands of intercepted communications over court-authorized wiretaps, revealed that Reynoso was receiving large quantities of fentanyl and heroin from a source in New York and then selling the narcotics to other drug distributors.
On June 13, 2020, investigators sought to arrest Reynoso and Tyson Quinones, of Waterbury, after intercepting a series of calls indicating that Reynoso and Quinones were planning to conduct a 200-gram heroin transaction. On that date, Quinones was arrested at the anticipated meeting place. Reynoso fled from the meeting scene in his vehicle, which was found abandoned nearby. He was arrested a short time later after he returned to the vehicle. A search of a location in Waterbury that Reynoso used to store narcotics revealed more than kilogram of a mixture of fentanyl and heroin, and items used to process and package narcotics.
Reynoso has been detained since his arrest. On June 19, 2021, he pleaded guilty to one count of conspiracy to distribute, and to possess with intent to distribute, 400 grams or more of fentanyl.
Reynoso faces immigration proceedings when he completes his prison term.
Quinones pleaded guilty on July 23, 2021, and awaits sentencing.
This investigation has been conducted by the DEA New Haven Task Force with the assistance of the U.S. Postal Inspection Service. The Task Force includes participants from the U.S. Marshals Service, Internal Revenue Service – Criminal Investigation Division, and the New Haven, Hamden, West Haven, North Haven, Branford, Ansonia, Meriden, Derby, Middletown, Naugatuck and Waterbury Police Departments.
The case is being prosecuted by Assistant U.S. Attorneys John T. Pierpont, Jr. and Elena L. Coronado through the Organized Crime Drug Enforcement Task Forces (OCDETF) Program. OCDETF identifies, disrupts and dismantles drug traffickers, money launderers, gangs and transnational criminal organizations through a prosecutor-led and intelligence-driven approach that leverages the strengths of federal, state and local law enforcement agencies. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Former Employee of Huntington Non-Profit Pleads Guilty to Theft of Federal FundsRead the Press Release
Phillips converted over $4.7 million of organization’s funds
HUNTINGTON, W.Va. - A Chesapeake, Ohio, woman pleaded guilty today to theft of federal funds from River Valley Child Development Services ("RVCDS"), a non-profit organization located in Huntington. RVCDS provides programs, services and support to children, families and the early childhood community.
According to court documents and statements made in court, Ruth Marie Phillips, also know as Marie Phillips, 69, worked at RVCDS from December 1986 until September 2020. Phillips held various positions at RVCDS, including Director of Business and Finance. Phillips was responsible for all financial operations, including monitoring accounts receivable, creating and submitting invoices, reconciling bank accounts and issuing checks. From July 1, 2016, to on or about June 30, 2017, RVCDS received approximately $7,131,756 in federal funding and Phillips used her position of trust and authority to steal approximately $964,012 during that period.
Phillips further admitted that between December 2013 and August 2020, she stole approximately $4,721,731 from RVCDS. During that period, she sent $1,142,500 to her personal checking account and sent another $3,395,500 to Attitude Aviation’s U.S. bank account. Attitude Aviation has offices at Lawrence County Airpark in South Point, Ohio, and Tri-State Airport in Huntington and provides aeronautical services, including fueling, rental of hangar space, aircraft rental, flight instruction and maintenance.
As part of her plea agreement, Phillips agreed to forfeit her interest in her Chesapeake, Ohio, personal residence, as well as a lake house on Smith Mountain Lake in Virginia that she purchased during the period of her criminal activity. Phillips also agreed to forfeit her interest in several vehicles and her interest in Attitude Aviation property and equipment.
During the investigation, three search warrants were simultaneously executed across two states on April 8, 2021, including Phillips’ personal residence in Chesapeake, Ohio; Attitude Aviation’s Lawrence County Airpark office in Ohio; and Attitude Aviation’s Huntington Tri-State Airport office in West Virginia.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the thorough investigative work of the FBI, the West Virginia State Police, the Central West Virginia Drug and Violent Crime Task Force, the Lawrence County, Ohio Sheriff’s Office, and the U.S. Attorney’s Office Litigation Financial Analyst.
Phillips faces up to 10 years in federal prison, a fine of at least $250,000, and restitution in the amount of $4,721,731 when she is sentenced on December 13, 2021.
United States District Judge Robert C. Chambers presided over the plea hearing. Assistant United States Attorneys Kristin F. Scott, R. Gregory McVey and Kathleen Robeson are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00135.
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Former Boston Police Clerk Pleads Guilty to Overtime FraudRead the Press Release
BOSTON – A former clerk for Boston Police Department’s (BPD) District A-1 Detectives Unit pleaded guilty today in connection with an investigation of overtime fraud at the Boston Police Department.
Marilyn Golisano, 68, pleaded guilty to one count of embezzlement from an agency receiving federal funds and six counts of wire fraud. U.S. District Court Judge Nathaniel M. Gorton scheduled sentencing for Jan. 12, 2022. Golisano was arrested and charged on Jan. 13, 2021.
Golisano, who handled the overtime paperwork for her unit, submitted dozens of false and fraudulent overtime slips in 2017 and 2018 claiming she had worked extra hours, with many of those slips bearing forged signatures of her supervisor. Although Golisano’s work was done primarily on the computer, Golisano never logged into the BPD computer system at all during many of the overtime shifts she claimed to have worked. Furthermore, on several occasions when Golisano was supposedly working overtime in downtown Boston, cellphone location information placed Golisano well outside the city. In total, Golisano stole $11,000 from BPD in 2017 and $18,000 in 2018 as a result of the fraud.
From 2016 through 2018, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
Pursuant to a plea agreement, the government and the defendant have agreed to recommend to the Court that Golisano serve a sentence of 90 days in prison, three years of supervised release with the first three months to be spent in home confinement and pay restitution of $29,000 to the City of Boston. As part of the plea agreement, the government agreed to dismiss aggravated identity theft charges.
The charge of theft of government funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000. 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 $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
Florida Dentist Pleads Guilty in Public Corruption Scheme Involving Former Arkansas State SenatorRead the Press Release
FAYETTEVILLE - A Florida dentist, formerly of Arkansas, pleaded guilty today to one count of conspiracy to commit honest services fraud in a scheme with former Arkansas State Senator Jeremy Hutchinson that occurred between 2014 and 2016.
U.S. District Judge Timothy L. Brooks presided over the change of plea hearing, in which Benjamin Gray Burris, age 49, pleaded guilty to count one of an Indictment issued by a grand jury charging him with conspiracy to commit honest services fraud. Burris was charged with additional counts of honest services wire fraud, but according to the terms of the plea agreement, those charges will be dismissed at sentencing.
According to court documents, between February of 2014 through November of 2016, Burris was the owner of several orthodontic clinics and practiced as an orthodontist through Arkansas. The scheme began when on February 27, 2014, Burris, State Senator Jeremy Hutchinson, and others met for a dinner at a Little Rock restaurant and discussed Burris’s legislative objectives and hiring Hutchinson as Burris’s corporate legal counsel. Jeremy Hutchinson, who then represented state Senate District 33, comprised of portions of Pulaski and Saline County, Arkansas, stated that as part of any arrangement there needed to be “real legal work.” In his plea agreement, Burris admitted that part of his intent in hiring Hutchinson was to enable Burris to influence and request official action from Hutchinson on legislative issues and other matters as the need arose. Throughout the course of their arrangement, Burris’s legal entities paid Hutchinson Law Firm an approximate total of $157,500 at a rate of approximately $5,000 per month as a general retainer and Hutchinson was assigned legal work.
Specifically, Burris sent Hutchinson an email outlining Burris’s “Legislative Objectives” in late February of 2014 in which Burris stated that he wanted specialty restrictions on orthodontists removed. On January 26, 2015, Hutchinson filed a shell bill in the Arkansas Senate entitled “An Act to Clarify the Laws Governing Dental Practice.” Later on, April 6, 2015, Hutchinson filed a related Interim Study Proposal with the Senate Committee on Public Health, Welfare, and Labor. On September 22, 2015, Hutchinson filed another Interim Study Proposal (ISP-2015-154) on the subject. This ISP, among other things, proposed to remove the specialist restriction for orthodontists. According to text messages cited in Burris’s plea agreement, in 2016 Burris texted Hutchinson complaining about a lack of “ROI” also known as “return on investment” in his arrangement with Hutchinson and he requested specific updates on legislative matters. ISP-2015-154 was eventually filed as House Bill 1250 on January 23, 2017, after Hutchinson claimed a belated conflict, in the 91st General Assembly of the State of Arkansas, passed, and was later signed into law on or about March 15, 2017.
Burris sold his businesses and moved to Florida in the spring of 2017 and has not practiced in Arkansas since that time.
“This conviction for a bribe payor is an important milestone for the people of the State of Arkansas in our lengthy public corruption investigation,” said Acting United States Attorney David Clay Fowlkes. “While the bribery conduct of several members of the Arkansas Legislature is disgraceful, the only lasting disgrace would be in meeting these schemes with silence and toleration. The exposure of the truth of this arrangement, from the bribe payor to the bribe recipient, brings honor to our people, our law enforcement, and our Court institutions. They have all displayed great strength in exposing and opposing official corruption and are a credit to our nation of laws. We are also indebted to the many witnesses who came forward to tell their stories. The series of cases in our sprawling corruption investigations has required the coordination of not only this office, but also the Eastern District of Arkansas, the Western District of Missouri, the Federal Bureau of Investigation, and the Internal Revenue Service- Criminal Investigation. We are grateful for their continued assistance.”
“Our nation has a well-established process by which its citizens communicate with their elected officials, and this process can never include bribery or fraud,” said FBI Little Rock Special Agent in Charge James A. Dawson. “When Mr. Burris attempted to illegally induce the alteration of laws to favor his own purposes, he trod directly upon the democratic institutions of our Republic.”
Burris’s sentencing is expected to take place in approximately four months. Burris faces a maximum penalty of 20 years in prison for the crime for which he pled guilty, however, the plea agreement also states that if the Court wishes to sentence Burris to a sentence that is not a year and a day in federal prison, Burris will have the right to withdraw from the plea agreement. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI and the IRS are investigating the case.
Assistant U.S. Attorney Ben Wulff, Allison Bragg and Stephanie Mazzanti are prosecuting the case for the United States.
Federal prosecutions target illegal firearms possession, drugsRead the Press Release
SAVANNAH, GA: At least seven defendants face federal charges including those for illegally possessing firearms after separate indictments by a U.S. District Court grand jury in the Southern District of Georgia, while recent court action against others includes guilty pleas and criminal sentences.
The cases are being investigated in collaboration with federal, state and local law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the FBI, and continue the initiative in the Southern District of Georgia to reduce violent crime by targeting those who illegally possess firearms.
“As we continue to combat violent crime with our law enforcement partners, it is imperative that we take guns out of the hands of those who cannot legally possess them,” said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. “The typical excuse for felons carrying firearms is that they need them ‘for protection,’ but the fact is that they are the ones endangering our community.”
In the past three years, nearly 700 defendants have been federally charged in the Southern District of Georgia for illegal firearms offenses – most often for possessing a firearm after conviction on a previous felony. That charge carries a statutory penalty upon conviction of up to 10 years in prison, and there is no parole in the federal system.
Defendants named in federal indictments from the September 2021 term of the U.S. District Court grand jury include:
- Anthony Franzel Hamilton, 60, of Savannah, charged with one count of Conspiracy to Interfere with Commerce by Robbery; five counts of Interference with Commerce by Robbery, and one count of Attempted Interference with Commerce by Robbery; six counts of Possession of a Firearm in Furtherance of a Crime of Violence; Conspiracy to Possess a Firearm in Furtherance of a Crime of Violence; and Possession of a Firearm by a Convicted Felon;
- Alfonzo Lee Merriweather, 34, of Augusta, charged with Possession with Intent to Distribute Crack Cocaine; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Possession of a Firearm by a Convicted Felon;
- Terry Kennard Isaacs, 36, of Beaufort, S.C., charged with Possession of a Firearm by a Convicted Felon, and Possession of Marijuana and MDMA;
- James Deon Green, 50, of Savannah, charged with Possession of a Firearm by a Convicted Felon;
- Gregory Mitchell, 56, of Savannah, charged with Possession of a Firearm by a Convicted Felon;
- Tyrone Dion Lyons Sr., 37, of Hephzibah, Ga., charged with Possession of a Firearm by a Convicted Felon; and,
- B’Quan Ferguson, 31, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
August indictments against two other defendants related to the drug trafficking investigation in Operation Wynner Storm in Wilkes County, Ga., also were recently unsealed, and both have had initial appearances in U.S. Magistrate Court:
- Demont Latrell Gresham, 33, an inmate at Georgia Diagnostic and Classification State Prison, is charged with Possession of a Firearm by a Convicted Felon; and,
- Tavaris Kexon Ramsey, 43, an inmate at the Colquitt County Correctional Institute in Moultrie, Ga., is charged with Possession of a Firearm by a Convicted Felon.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
Additional defendants recently have been adjudicated on federal charges that include illegal firearms possession:
- Delvon Brown, 35, of Savannah, sentenced to 77 months in prison followed by three years of supervised release after pleading guilty to Possession of a Firearm by a Convicted Felon. Brown, who has multiple prior felony convictions, had a pistol in his waistband when arrested during a traffic stop Sept. 5, 2019, by Savannah Police officers.
- Burney Cobb, 41, of Port Wentworth, Ga., sentenced to 77 months in prison followed by three years of supervised release after pleading guilty to Possession of a Firearm by a Convicted Felon. Port Wentworth Police officers arrested Cobb after finding guns during a search of his residence as part of an investigation into the sale of a stolen firearm. Cobb has a lengthy history of felony convictions including those for firearms and assault. A codefendant, Deonte Brown, 27, also of Port Wentworth, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon.
- Alisha Nicole Howard, 35, of Augusta, was sentenced to 120 months in prison followed by three years of supervised release after pleading guilty to Transfer of an Illegal Firearm, Possession of a Firearm by a Convicted Felon, and Distribution of Methamphetamine, Fentanyl and Heroin. A co-defendant, Brian Thomas Myers, 35, of Beech Island, S.C., was sentenced to 24 months in prison and three years of supervised release and fined $1,000 after pleading guilty to Transfer of an Illegal Firearm – a sawed-off shotgun – to an ATF agent. The two were charged after an August 2018 ATF investigation.
- Matthew Moore, 31, of Savannah, was sentenced to 70 months in prison followed by three years of supervised release after pleading guilty to Possession of a Firearm by a Convicted Felon. Moore was charged after Savannah Police officers found Moore in possession of three pistols while investigating a disturbance at a Savannah motel in June 2019. Moore has prior convictions including family violence, and was on probation at the time of his arrest.
- John Calvin Young Jr., 35, of Rincon, Ga., awaits sentencing after pleading guilty to an Information charging him with Possession of a Stolen Firearm. During a traffic stop on Oct. 24, 2020, Port Wentworth Police officers found Young in possession of a pistol that later was determined to have been stolen.
- Dequan Beniman, 26, of Savannah, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Beniman was arrested in January 2020 when Savannah Police officers responding to a report of a man on a bicycle carrying firearms found Beniman with two loaded pistols in his pockets, along with a bag containing additional ammunition.
- Tyshaun Richey, 25, of Savannah, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah Police officers arrested Richey in October 2019 after a traffic stop and brief foot chase and found him in possession of a pistol.
- Tron Smith, 34, of Savannah, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Savannah Police officers responded in June 2019 to a report of a man brandishing a firearm at a motel and found a pistol inside the room Smith occupied. Smith’s criminal history includes multiple convictions for family violence and obstruction of law enforcement officers.
- Jerry Allen Edenfield, 31, of Swainsboro, Ga., awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Edenfield was arrested Feb. 10, 2020, when Swainsboro Police officers investigating a domestic violence report found two pistols and a rifle during a search of Edenfield’s residence.
- Ashley Nichole Pitts, 30, of Hinesville, Ga., awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Pitts was arrested in January 2019 when Liberty County Sheriff’s deputies responded to her home to investigate a complaint about a man brandishing a firearm. Accompanied by an officer from the Georgia Department of Community Supervision, deputies found two pistols in Pitts’ home.
- Timothy Lee Cheeks, 33, of Augusta, awaits sentencing after pleading guilty to Possession of Ammunition by a Convicted Felon. Cheeks was arrested on an outstanding warrant for a state methamphetamine possession charge in January 2021 when Richmond County deputies who were investigating a disturbance at a motel found a loaded pistol in Cheeks’ possession.
- Matthew James Gordon, 27, of Savannah, awaits sentencing after pleading guilty to Possession of a Stolen Firearm. He was charged in January 2020 after Savannah Police officers found a pistol in Gordon’s jacket pocket.
- Dennis O’Keefe Harris, 41, of Savannah, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Harris was arrested Jan. 1, 2019, by Savannah Police officers who found a pistol in his waistband after he ran during a traffic stop.
- Charles Walker, 54, of Savannah, awaits sentencing after pleading guilty Possession of a Firearm by a Convicted Felon. Savannah Police officers found Walker carrying a pistol in October 2020 while investigating reports of a shooting.
- Jamol Marquise Cuyler, 33, of Augusta, awaits sentencing after pleading guilty to Possession of a Firearm by a Convicted Felon. Cuyler was changed in January 2020 by Richmond County Sheriff’s deputies investigating a report of a road-rage incident. Cuyler’s criminal history includes multiple convictions for armed felonies.
These cases also are being investigated under the Prosecutor to Prosecutor Program (P3), in which federal and state prosecutors collaborate to determine the most appropriate venue for adjudication of alleged crimes.
Agencies investigating these cases include the ATF, the FBI, the Savannah Police Department, the Richmond County Sheriff’s Office, the Wilkes County Sheriff’s Office, the Liberty County Sheriff’s Office, the Port Wentworth Police Department, the Swainsboro Police Department, and the Rincon Police Department.
The cases are being prosecuted for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys, including Henry W. Syms Jr., Patricia G. Rhodes, John P. Harper III, Tania D. Groover, Noah J. Abrams, and Special Assistant U.S. Attorney Darron J. Hubbard.
Under federal law, it is illegal for an individual to possess a firearm if he or she falls into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to purchase – firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, also is a federal offense.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
Dar al-Farooq Mosque Bomber Sentenced to 53 Years in PrisonRead the Press Release
Emily Claire Hari, 50, f/k/a Michael Hari, was sentenced to life in prison for the Aug. 5, 2017, bombing of the Dar al-Farooq (DAF) Islamic Center in Bloomington, Minnesota.
On Dec. 9, 2020, following a five-week trial, Hari was convicted by a federal jury on all five counts of the indictment, including intentionally defacing, damaging and destroying religious property because of the religious character of that property; intentionally obstructing and attempting to obstruct, by force and the threat of force, the free exercise of religious beliefs; conspiracy to commit federal felonies by means of fire and explosives; carrying and using a destructive device during and in relation to crimes of violence; and possession of an unregistered destructive device.
In handing down the sentence, United States District Judge Donovan W. Frank described the attack orchestrated by Hari as a highly sophisticated and premeditated act of domestic terrorism.
“Hari sought to terrorize an entire faith community. Today’s sentence makes clear that such acts of hate-fueled terror will not be tolerated,” said Deputy Attorney General Lisa O. Monaco. “The Dar al-Farooq community has shown powerful strength and resolve during this case. As demonstrated by this verdict and sentence against Hari, the Justice Department will prosecute hate crimes to the full extent of the law, including those that target places of worship and other religious sites.”
“Today, the person responsible for the 2017 bombing of the Dar al-Farooq mosque has been sentenced to 53 years in prison,” said Acting U.S. Attorney W. Anders Folk for the District of Minnesota. “Through our system of justice, the Minnesota community has collectively condemned this hate-fueled attack and decisively upheld every individual’s constitutional right to live and worship free from violence and intimidation. As we mark the closing of a painful chapter, it is my hope that the members of Dar al-Farooq and the broader faith community impacted by this attack will continue to heal and regain a sense of safety and security.”
“Acts of violence, motivated by hatred toward individuals simply based on their faith, will not be tolerated by the FBI or our Minnesota law enforcement partners,” said Special Agent in Charge Michael Paul of the FBI's Minneapolis Field Office. “Violent criminals such as those responsible for this cowardly act, will be held accountable for their hate crimes and disgraceful attempts at intimidation. This sentence demonstrates our continued commitment to the FBI’s core mission – to defend all communities and to protect the rights of all Americans.”
As proven at trial, during the summer of 2017, Hari established a terrorist militia group called “The White Rabbits” in Clarence, Illinois. Hari recruited co-defendants Michael McWhorter and Joe Morris to join the militia, which Hari outfitted with paramilitary equipment and assault rifles. On Aug. 4 and 5, 2017, Hari, McWhorter and Morris drove in a rented pickup truck from Illinois to Bloomington, Minnesota, to bomb the DAF Islamic Center. Hari targeted DAF specifically to terrorize Muslims into believing they are not welcome in the United States and should leave the country.
As proven at trial, Hari, McWhorter, and Morris arrived at DAF on Aug. 5, 2017, at approximately 5:00 a.m. At Hari’s direction, Morris used a sledgehammer to break the window of the Imam’s office at DAF and threw a plastic container with a mixture of diesel fuel and gasoline into the office. Then, also at Hari’s direction, McWhorter lit the fuse on a 20-pound black powder pipe bomb and threw it through the broken window. McWhorter and Morris ran back to the truck where Hari was waiting in the driver’s seat. The three men sped away from the building and drove back to Illinois. When the pipe bomb exploded, the blast caused extensive damage to the Imam’s office. It also ignited the gasoline and diesel mixture, causing extensive fire and smoke damage. At the time of the bombing, several worshipers were gathered in the mosque for morning prayers.
On Jan. 24, 2019, McWhorter and Morris pleaded guilty to their roles in the bombing. Their sentencing hearings are yet to be scheduled.
This case is the result of an investigation conducted by the FBI’s Minneapolis and Springfield Divisions with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bloomington Police Department and the Bloomington Fire Department.
The case was prosecuted by Assistant U.S. Attorneys Allison Ethen and Trial Attorney Timothy Visser of the Civil Rights Division.
Dar al-Farooq Mosque Bomber Sentenced to 53 Years in PrisonRead the Press Release
ST. PAUL, Minn. – Emily Claire Hari, 50, f/k/a Michael Hari, was sentenced to 53 years in prison for the August 5, 2017, bombing of the Dar al-Farooq (DAF) Islamic Center in Bloomington, Minnesota.
On December 9, 2020, following a five-week trial, Hari was convicted by a federal jury on all five counts of the indictment, including intentionally defacing, damaging, and destroying religious property because of the religious character of that property; intentionally obstructing, and attempting to obstruct, by force and the threat of force, the free exercise of religious beliefs; conspiracy to commit federal felonies by means of fire and explosives; carrying and using a destructive device during and in relation to crimes of violence; and possession of an unregistered destructive device.
In handing down the sentence, United States District Judge Donovan W. Frank described the attack orchestrated by Hari as a highly sophisticated and premeditated act of domestic terrorism.
“Hari sought to terrorize an entire faith community. Today’s sentence makes clear that such acts of hate-fueled terror will not be tolerated,” said Deputy Attorney General Lisa O. Monaco. “The Dar al-Farooq community has shown powerful strength and resolve during this case. As demonstrated by this verdict and sentence against Hari, the Justice Department will prosecute hate crimes to the full extent of the law, including those that target places of worship and other religious sites.”
“Today, the person responsible for the 2017 bombing of the Dar al-Farooq mosque has been sentenced to 53 years in prison. Through our system of justice, the Minnesota community has collectively condemned this hate-fueled attack and decisively upheld every individual’s Constitutional right to live and worship free from violence and intimidation,” said Acting United States Attorney W. Anders Folk. “As we mark the closing of a painful chapter, it is my hope that the members of Dar al-Farooq and the broader faith community impacted by this attack will continue to heal and regain a sense of safety and security.”
“Acts of violence, motivated by hatred toward individuals simply based on their faith, will not be tolerated by the FBI or our Minnesota law enforcement partners,” said Michael Paul, Special Agent in Charge of the FBI's Minneapolis division. “Violent criminals such as those responsible for this cowardly act, will be held accountable for their hate crimes and disgraceful attempts at intimidation. This sentence demonstrates our continued commitment to the FBI’s core mission – to defend all communities and to protect the rights of all Americans.”
As proven at trial, during the summer of 2017, Hari established a terrorist militia group called “The White Rabbits” in Clarence, Illinois. Hari recruited co-defendants Michael McWhorter and Joe Morris to join the militia, which Hari outfitted with paramilitary equipment and assault rifles. On August 4 and 5, 2017, Hari, McWhorter, and Morris drove in a rented pickup truck from Illinois to Bloomington, Minnesota, to bomb the DAF Islamic Center. Hari targeted DAF specifically to terrorize Muslims into believing they are not welcome in the United States and should leave the country.
As proven at trial, Hari, McWhorter, and Morris arrived at DAF on August 5, 2017, at approximately 5:00 a.m. At Hari’s direction, Morris used a sledgehammer to break the window of the Imam’s office at DAF and threw a plastic container with a mixture of diesel fuel and gasoline into the office. Then, also at Hari’s direction, McWhorter lit the fuse on a 20-pound black powder pipe bomb and threw it through the broken window. McWhorter and Morris ran back to the truck where Hari was waiting in the driver’s seat. The three men sped away from the building and drove back to Illinois. When the pipe bomb exploded, the blast caused extensive damage to the Imam’s office. It also ignited the gasoline and diesel mixture, causing extensive fire and smoke damage. At the time of the bombing, several worshipers were gathered in the mosque for morning prayers.
On January 24, 2019, McWhorter and Morris pleaded guilty to their roles in the bombing. Their sentencing hearings are yet to be scheduled.
This case is the result of an investigation conducted by the FBI.
Acting United States Attorney Folk thanks Assistant United States Attorneys Allison Ethen and Timothy Rank, Justice Department Civil Rights Division Trial Attorney Timothy Visser, Lead Paralegal Specialist Lynette Simser, Community Affairs Director Angie LaTour, Witness Specialist Selina Kolsrud, former Assistant United States Attorneys John Docherty and Julie Allyn, Assistant United States Attorney Eugene Miller, of the Central District of Illinois, and the special agents of the FBI’s Minneapolis and Springfield Divisions, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Bloomington Police Department, and the Bloomington Fire Department for their hard work and commitment to the pursuit of justice. Acting United States Attorney Folk further thanks the Justice Department’s Civil Rights and National Security Divisions, the United States Attorney’s Office for the Central District of Illinois, and the FBI’s Springfield Field Office for their collaboration and partnership.
Cresson, PA Man Sentenced to Nearly 22 Years in Prison and 20 Years’ Supervised Release for Sexual Exploitation of a MinorRead the Press Release
JOHNSTOWN, Pa. – A resident of Cresson, PA, has been sentenced in federal court to a total of 262 months in prison and 20 years of supervised release on his conviction of production of material depicting the sexual exploitation of a minor. Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Kim R. Gibson imposed the sentence on Steven L. Brock, 33, of Cresson, Pennsylvania.
According to information presented to the court, on or about May 1, 2016, to on or about July 31, 2018, Brock produced images of a minor female engaged in sexually explicit conduct using materials that were shipped or transported in interstate or foreign commerce.
Assistant United States Attorney Arnold P. Bernard, Jr. prosecuted this case on behalf of the government.
Mr. Kaufman commended the Department of Homeland Security, Immigration, Customs & Enforcement, and the Pennsylvania State Police for the investigation that led to the successful prosecution of Brock.
Clarke County Man Snetenced to More Than Twelve Years for Drug DistributionRead the Press Release
MOBILE, AL – A Jackson, Alabama man was sentenced today to 151 months in prison for selling illegal drugs from his residence in Clarke County, Alabama.
According to court documents, Marco Antonio Gaston of Jackson, Alabama, was selling controlled substances from his residence. Jackson Police Department executed a search warrant in February 2019 and arrested Gaston and codefendant Morgan Nicole Anderson, his girlfriend. Video evidence showed drugs being sold from the front porch. In one two-day period law enforcement counted in excess of 50 drug transactions occurring at the house. The drug evidence included marijuana, alprazolam, fentanyl, cocaine and hydrocodone.
Homeland Security and Investigations investigated the case.
Assistant U.S. Attorney Michael Anderson prosecuted the case on behalf of the United States.
Charleston Couple Sentenced to Prison for Federal Gun and Drug CrimesRead the Press Release
CHARLESTON, W.Va. – A Charleston couple was sentenced today for federal gun and drug crimes. Larry James Williams, 66, was sentenced to 70 months in prison for being a felon in possession of a firearm and aiding and abetting the possession with intent to distribute heroin, acetyl fentanyl, methamphetamine, and fentanyl. Mary Ann Coon, 44, was sentenced to 60 months in prison for possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, during a traffic stop conducted on MacCorkle Avenue in Charleston during the early morning hours of May 8, 2020, law enforcement officers found Williams and Coon to be in possession of seven firearms, as well as over 79 grams of methamphetamine, 9 grams of heroin, acetyl fentanyl and fentanyl mix, and over 6 grams of methamphetamine and fentanyl mix, digital scales, plastic baggies, and $3,882 in U.S. Currency.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the collaborative investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Charleston Police Department, and the Metropolitan Drug Enforcement Network Team (MDENT). As part of Project Safe Neighborhoods (PSN), the U.S. Attorney’s Office is working in partnership with federal, state and local law enforcement to address violent crime driven by drug trafficking in Charleston and throughout the district.
United States District Judge Joseph R. Goodwin imposed the sentences. Assistant United States Attorneys Julie White and Greg McVey handled the prosecution.
This case is part of 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. 3:19-cr-00129 (Williams, et al.).
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California Software Company Executives Charged in Conspiracy to Defraud the Tennessee Valley AuthorityRead the Press Release
NASHVILLE – A seven-count indictment unsealed Friday charged two Danville, California men with conspiracy to defraud the Tennessee Valley Authority (TVA) of more than $300,000, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee.
Anthony Gigliotti, 74, the CEO of Autonomic Software, Inc., (Autonomic) was charged with conspiracy to commit wire fraud, three counts of mail fraud, and three counts of wire fraud. Alexander Gigliotti, 36, the Vice President of Autonomic, was charged with conspiracy to commit wire fraud. Both were arrested by U.S. Marshals in Danville, California on Friday and will appear in the Middle District of Tennessee at a later date for further proceedings.
According to the indictment, Autonomic was a software company located in Danville, California, which provided a variety of software to private and public sector organizations. In 2016, Autonomic installed power management software in Rutherford County school systems, in connection with TVA’s EnergyRight program, an incentive-based program designed to save energy and reduce costs through the installation of energy-saving software. To be eligible for the energy conservation funds, customers were required to pay a portion of the software materials costs.
Instead of following the program requirements, Autonomic represented to the Rutherford County School District that schools would not incur any costs associated with the software installation. Following the installation of the software, Autonomic submitted 47 invoices, totaling $588,240 to Lockheed Martin, the contract administrator of the EnergyRight program. The invoices were made out to Rutherford County Schools and represented that each school incurred costs associated with Autonomic’s software installation.
Alexander Gigliotti also sent an email to a Lockheed Martin representative in support of seeking the incentive payments from TVA, with a breakdown of an invoice regarding purported costs incurred by Rutherford County Schools, claiming that the school paid $22 per computer related to software and $8 per computer related to support. In fact, Rutherford County Schools did not incur any costs associated with any invoice from Autonomic. Lockheed Martin then mailed incentive payments to Autonomic that corresponded to each invoice.
The Autonomic software failed to function as initially represented and approximately one year after the installation, Rutherford County Schools purchased energy saving software that could effectively quantify energy savings and which cost substantially less than Autonomic’s total purported materials costs.
The indictment also alleges that Anthony Gigliotti lied to TVA agents by falsely stating that Alexander Gigliotti was not involved in any of the previous TVA or school system work.
If convicted, the defendants face up to 20 years in prison.
This case was investigated by the TVA Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Sara Beth Myers.
An indictment is merely an accusation. The defendants are presumed innocent until proven guilty in a court of law.
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California Resident Charged in Superseding Indictment for Role in Sim Swap Scam Targeting at Least 40 People, Including New Orleans ResidentRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that RICHARD YUAN LI, age 21, a resident of Hercules, California, was charged on August 26, 2021 by a federal grand jury seated in the Eastern District of Louisiana in a four-count Superseding Indictment with conspiracy to commit wire fraud, in violation of Title 18, United States Code, Sections 1343 and 1349 (Count 1), conspiracy to engage in interstate communication with intent to extort and to commit computer fraud and abuse, in violation of Title 18, United States Code, Sections 371, 875(d), and 1030(a)(7) (Count 2), wire fraud, in violation of Title 18, United States Code, Section 1343 (Count 3), and aggravated identity theft, in violation of Title 18, United States Code, Section 1028A (Count 4), for his role in a SIM Swap scam that targeted at least forty people, including a New Orleans-area physician.
According to the Superseding Indictment, a SIM Swap scam is a cellular phone account takeover fraud that results in the routing of a victim’s incoming calls and text messages to a different phone. Once a perpetrator is able to swap the SIM card, it is likely he is able to obtain access to a victim’s various personal accounts, including email accounts, bank accounts, and cryptocurrency accounts, as well as any other accounts that use two-factor authentication.
LI participated in a scheme that involved multiple parts. First, in January 2018, he and a friend, B.P., defrauded Apple, Inc. into providing a second Apple iPhone without paying for it by convincing an Apple customer service representative that they had not received an Apple iPhone 8 they ordered (hereinafter “the Apple iPhone 8”). LI took possession of the Apple iPhone 8 and registered it using his email address and the name of his close relative. He and his co-conspirators then arranged for victims’ telephone numbers to be swapped to SIM cards contained in cellular phones in their possession, including the Apple iPhone 8. Specifically, on November 10, 2018, Victim A’s telephone number was swapped to a SIM card contained in the Apple iPhone 8, which LI possessed in the San Diego, California area. Thereafter, LI and his co-conspirators gained access to victims’ email accounts and cryptocurrency accounts as a result of the SIM Swap and stole a significant portion of victims’ cryptocurrency. Finally, as part of their scheme, after gaining access to victims’ accounts, LI and his co-conspirators contacted victims and demanded that they pay ransoms in order to avoid further harm, including additional account compromises, the loss of additional cryptocurrency, and the release of victims’ confidentiality information the conspirators obtained. In total, between July 19, 2018, and December 6, 2018, at least forty different phone numbers were activated on LI’s Apple iPhone 8.
If convicted, LI faces a maximum term of twenty (20) years in prison as to each of Counts 1 and 3, up to five (5) years in prison as to Count 2, and a mandatory consecutive two (2) years in prison as to Count 4, a fine of up to $250,000.00, up to three (3) years of supervised release after imprisonment, and a mandatory $100 special assessment per count.
U. S. Attorney Evans reiterated that a Superseding Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation. Assistant United States Attorney Jordan Ginsberg, Chief of the Public Corruption Unit, is in charge of the prosecution.