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Monday 26 July 2021
North Park Gang Member Previously Convicted of Racketeering Conspiracy is Sentenced for Sex Trafficking of ChildrenRead the Press Release
Assistant U. S. Attorney Joseph Orabona (619) 546-7951
NEWS RELEASE SUMMARY – July 26, 2021
SAN DIEGO, CA – Jonathan Devon Price, aka “Lil’ Ty,” a North Park street gang member previously convicted of Racketeering Conspiracy, was sentenced in federal court today by Senior U.S. District Court Judge John A. Houston to 142 months in prison for committing the new crime of sex trafficking of children, and 24 months in prison for violating the conditions of supervised release in his racketeering case.
In December 2013, Price was charged with racketeering conspiracy, known as RICO, involving sex trafficking in San Diego and elsewhere. In October 2015, Price pleaded guilty to RICO by admitting his active role in the conspiracy that involved transporting adult females in San Diego and elsewhere for the purposes of prostitution. Price was later sentenced by Judge Houston to more than two years in prison and three years of supervised release.
Between 2016 and 2019, Price violated his supervised release on multiple occasions and was returned to prison. He was released from prison on his last violation on August 30, 2019.
While on federal supervision, Price was arrested on November 26, 2019 for once again engaging in sex trafficking. He was first transferred to state court for a matter involving the battery of one of his trafficking victims. After his battery conviction in state court in January 2020, he was transferred to federal court and arraigned on sex trafficking charges in February 2020. Price was ordered detained and has been in custody since his arrest in November 2019.
On October 13, 2020, Price appeared before U.S. Magistrate Judge Michael S. Berg and entered a guilty plea to the charge of sex trafficking of children. In his plea, Price admitted that in November 2019, he knowingly transported, provided, maintained, and obtained a 17-year-old minor female for the purpose of her engaging in commercial sex acts in San Diego County. Price also admitted he caused online ads to be posted offering the minor female for commercial sex. In addition, Price admitted that between about June 2018 and November 2019, he knowingly transported, provided, maintained, and obtained an adult female for the purpose of her engaging in commercial sex acts. During this time, Price used fraud, force, and coercion against the adult female in order to cause her to engage in commercial sex acts.
As part of his plea agreement, Price admitted that by committing the crime of sex trafficking of children in November 2019 he violated his supervised release conditions pending in his RICO case. For violating his supervised release, Price was sentenced to 24 months in prison, with 12 months to run consecutive and 12 months to run concurrent to the new prison sentence of 142 months for sex trafficking of children.
“Exploiting girls and women through sex trafficking is a despicable crime that has a long-lasting and devastating impact on the victims’ lives and futures,” said Acting U.S. Attorney Randy S. Grossman. “Our office will continue to work with law enforcement partners to end the abuse and ensure traffickers are held accountable for the damage they cause.” Grossman praised prosecutor Joseph Orabona and members of the San Diego Human Trafficking Task Force for their excellent work on this case.
“Today, the defendant was sentenced for his crimes of sexual exploitation of multiple victims to include a minor,” said FBI Special Agent in Charge Suzanne Turner. “The FBI is proud to work alongside our partners on the San Diego Human Trafficking Task Force to pursue cases such as these. I hope today’s proceedings bring a sense of justice to the victims as they move forward in their lives.”
DEFENDANT Case Numbers: 20CR0852-JAH, 13CR4510-JAH
Jonathan Devon Price, aka Lil’ Ty Age: 30 San Diego, CA
SUMMARY OF CHARGES
Sex Trafficking of a Minor, in violation of Title 18, United States Code, Section 1591
Maximum Penalties: Ten-year mandatory minimum and a maximum of life in prison; mandatory Sex Offender Registration; a maximum term of supervised release of life; mandatory restitution to the victims.
INVESTIGATING AGENCIES
San Diego Human Trafficking Task Force, which consists of:
- Federal Bureau of Investigation
- California Department of Justice
- California Department of Corrections & Rehabilitation – Parole
- California Highway Patrol
- ICE/Homeland Security Investigations
- National City Police Department
- San Diego City Attorney’s Office
- San Diego County District Attorney’s Office
- San Diego County Probation Department
- San Diego County Sheriff’s Department
- San Diego Police Department
- The United States Attorney’s Office, Southern District of California
Nigerian National Charged for Various Online Fraud SchemesRead the Press Release
BOSTON – A Nigerian national residing in Boston has been charged and has agreed to plead guilty in connection with online fraud schemes.
Macpherson Osemwegie, 32, agreed to plead guilty to one count of conspiracy to commit bank and wire fraud. A plea hearing has not yet been scheduled by the court.
According to the charging document, Osemwegie allegedly conspired with others to participate in a series of romance and other online scams designed to defraud victims into sending money to accounts and debit cards that Osemwegie and others controlled. Romance scams occur when a criminal adopts a fake online identity to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim.
To carry out the schemes, Osemwegie and his co-conspirators used false foreign passports in others’ names to open numerous bank accounts, and in turn directed the victims to send money to these accounts.
The charge of conspiracy to commit bank and wire fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of up to $1 million or twice the gross gain or loss, whichever is greater, restitution and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service made the announcement. Assistant U.S. Attorneys Sara Miron Bloom and Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nicholas County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Ralph Floyd Barnett, Jr., 61, of Birch River, pleaded guilty today to a federal gun crime. A federal grand jury indicted Barnett in April 2021.
According to statements made in court, deputies with the Nicholas County Sheriff’s Department responded to Barnett’s residence in Birch River on August 17, 2019 after he made a series of 911 calls, including one in which he threatened to shoot somebody. After hearing gunshots as they approached the residence, deputies arrested Barnett and obtained a search warrant to search his residence. A member of the Nicholas County Sheriff’s Department subsequently recovered a .22 caliber handgun from a chicken coop located on Barnett’s property. Barnett admitted that he was prohibited from possessing firearms as a result of his prior felony conviction for the federal crime of aiding and abetting in maintaining a drug premises.
Barnett pleaded guilty to possession of a firearm by a felon and faces up to 10 years in prison when sentenced on October 21, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Nicholas County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant U.S. Attorney Nowles Heinrich is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00066.
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Newark Man Sentenced to 78 Months in Prison for Carjacking Uber DriverRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 78 months in prison for his role in a carjacking in which a firearm was brandished, Acting U.S. Attorney Rachael Honig announced today.
Raquin Tanner, 25, of Newark, previously pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to one count of aiding and abetting the carjacking. Judge Arleo imposed the sentence today in Newark federal court. His co-defendant, Rakeem McNair, 21, of Roselle, New Jersey, also previously pleaded guilty to an information charging him with one count each of carjacking and brandishing a firearm in furtherance of the carjacking and is scheduled to be sentenced in November 2021.
According to documents filed in this case and statements made in court:
On Aug. 13, 2019, the victim parked her car, which she used for her work as an Uber driver, on Summer Avenue in Newark. At approximately 11:00 p.m., the victim was sitting in the driver’s seat when three males approached her car.
Video surveillance from the scene showed that Tanner walked with the other two males around the corner. As they neared the victim’s car, Tanner spoke to the other two, then went ahead of them, looked into the passenger seat of the car, and upon seeing the lone female driver, signaled the other two males to begin the carjacking.
One of the other males pointed a firearm through the driver’s side window, opened the door and attempted to physically remove the victim from the car. A struggle ensued, and McNair went around the car to aid his conspirator in dragging the victim from the car. McNair and the unidentified male threw the victim violently to the ground and drove away with the vehicle.
In addition to the prison term, Judge Arleo sentenced Tanner to three years of supervised release.
Acting U.S. Attorney Honig credited the Newark Police Department, under the direction of Public Safety Director Brian O’Hara; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s sentencing.
The government is represented by Senior Litigation Counsel Robert Frazer of the Organized Crime and Gangs Unit in Newark.
Defense counsel:
Tanner: Joseph R. Rubino Esq., Union, New Jersey
McNair: Lisa Mack Esq., Assistant Federal Public Defender, Newark
New York Man Charged with Failing to Pay over Payroll TaxesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Stony Point, New York, man was charged in federal district court with ten counts of Failure to Withhold, Properly Account For, and Pay Over Tax.
Asher Wagh, age 45, was charged on February 21, 2021. Wagh appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Wagh, while co-owner of Captech International LLC, collecting payroll taxes but willingly failing to pay over the taxes to the Internal Revenue Service between 2015 and 2017. The charges are merely an accusation and Wagh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service- Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Wagh was released pending trial. A trial date has not been set.
Monongalia County man sentenced for drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Lance McClendon, of Morgantown, West Virginia, was sentenced today to 100 months of incarceration for a drug charges, Acting United States Attorney Randolph J. Bernard announced.
McClendon, age 47, pleaded guilty in March 2021 to one count of “Possession with Intent to Distribute Methamphetamine.” McClendon admitted to having methamphetamine in September 2019 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the West Virginia Probation Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
Milla Gangsta Bloods Gang Member Going to Prison for 20 Years on Multiple Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Myers a/k/a Stretch, 29, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, and 280 grams or more of crack cocaine, was sentenced to serve 20 years in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joel L. Violanti, who handled the case, stated that the defendant has been in custody at the Niagara County Jail pending the resolution of two separate federal indictments. While at the Niagara County Jail, Myers, in early 2020, made arrangements for kilogram quantities of heroin to be delivered to Buffalo from both North Carolina and California. In May of 2020, the DEA also seized quantities of cocaine as well as a package containing 3,000 pills of suspected fentanyl/Percocet from individuals who were conspiring with defendant. During recorded jail calls, defendant discussed such seizures with his co-conspirators.
On June 4, 2020, a package was delivered to one of defendants coconspirators who then left his residence carrying a white plastic bag and drove away in his vehicle. Law enforcement officers attempted to conduct a vehicle stop, but the coconspirator sped away and engaged in a high-speed chase, eluding officers for approximately a mile on Route 33. During the chase, the coconspirator, who was eventually arrested on state charges, threw a plastic bag from his window. After being released from custody, the coconspirator drove to the area where he discarded the plastic bag; however, the plastic bag was replaced by investigators with a “sham” package of narcotics. On July 14, 2020, the co-conspirator was taken into custody on a federal arrest warrant. A search warrant was executed at his residence on East Lovejoy Street in Buffalo and on his car. Investigators recovered suspected cocaine, a scale, mixing bowl, bottles of cutting agents, gloves, plastic bags for packaging, and a hydraulic press.
Previously, between February and July of 2015, the defendant, along with several others, distributed crack cocaine base throughout the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. During this same time, Myers would supply the crack cocaine to his co-conspirators for further re-sale. In addition, while pending sentencing on his 2015 case, between August 9 and August 23, 2018, the defendant conspired to sell butyryl fentanyl to an undercover police officer on two separate occasions.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti.
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Martinsburg man sentenced for role in drug trafficking operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Stephon Robert Christian, of Martinsburg West Virginia, was sentenced today to 27 months of incarceration for his role in a drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
Christian, 26, pled guilty in Match 2021 to one count of “Possession with Intent to Distribute Eutylone.” Christian admitted to having Eutylone in April 2020 in Berkeley County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/west-virginia-and-virginia-residents-indicted-drug-trafficking-operation-berkeley-and
Martinsburg man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Darian Leizear, of Martinsburg, West Virginia, was sentenced today to 15 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Leizear, 23, pleaded guilty in March 2021 to one count of “Unlawful Possession of a Firearm.” Leizear, a person prohibited from having firearms because of a prior conviction, admitted to having a .380 caliber pistol in September 2020 in Berkeley County.
Assistant U.S. Attorney Eleanor F. Hurney 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 Found Guilty of Unlawful Possession of A Machinegun in San Anton Ward in CarolinaRead the Press Release
SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow announces that on July 22, 2021, a federal jury convicted Jean Carlos Polaco-Hance of being a convicted felon in possession of a firearm and ammunition and of unlawful possessing a machinegun. He faces a sentence of up to 10 years of imprisonment.
According to court documents and evidence presented at trial, on September 10, 2020, in San Anton Ward, Carolina, Jean Carlos Polaco-Hance, a convicted felon, unlawfully possessed a Glock pistol, model 32C, .357 caliber that had been modified so that it was capable of firing as a machine gun.
On that date, agents from the Puerto Rico Police Bureau, Carolina Intelligence Unit were traveling on Saint Just Street in Carolina in an unmarked vehicle. As the officers passed in front of an auto-repair shop, they noted that Polaco-Hance was staring at the officer’s vehicle while reaching into a bag in what the officers recognized as a threating gesture reaching for a weapon.
The officers returned to the auto-repair shop to investigate. The officers dismounted the vehicle, announced themselves as police officers and approached Polaco-Hance. As the agents approached, Polaco-Hance ran from the officers and tossed a black bag over a fence. The officers pursued him and eventually placed Polaco-Hance under arrest. The officers recovered the bag, which contained a Glock pistol, modified to fire in fully automatic mode. In addition, the bag contained 5 magazines and a total of 111 rounds of .357 caliber, two cellphones and $640.00 US dollars. The officers contacted agents from the Federal Bureau of Investigations (FBI), who investigated the case and presented it to the United States Attorney’s Office for prosecution.
The case was investigated by the PRPB, FBI and the Homeland Security Investigations (“HSI”) Computer Forensic Laboratory, which assisted in the investigation of the case.
The case was prosecuted by Assistant U.S. Attorney Jonathan Gottfried, Chief of the Violent Crimes and National Security Section and Assistant U.S. Attorney Carlos R. Cardona.
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Jury Convicts Washington, D.C., Man in Stolen Identity Tax Fraud SchemeRead the Press Release
A federal jury in Greenbelt, Maryland, convicted a Washington, D.C., man Friday of conspiring to commit theft of public money, theft of public money and aggravated identity theft.
According to court documents and the evidence introduced at trial, from 2011 to 2013, Devell Lincoln, 55, conspired with Stephanie Twyman and others to cash tax refund checks fraudulently obtained by filing false federal income tax returns in the names of other individuals with the IRS. In total, the conspirators cashed more than $500,000 in fraudulent refunds at a check-cashing business, and Lincoln deposited more than $150,000 in fraudulent refunds using bank accounts under his control.
From 2011 to 2013, false federal income tax returns were filed with the IRS using the names and Social Security numbers of unwitting taxpayers and seeking fraudulent refunds. When the refunds were received, Lincoln and his co-conspirators cashed the checks at a check-cashing business. In addition, from 2010 to 2014, Lincoln deposited fraudulent refunds into bank accounts under his control. While two of these accounts were in Lincoln’s name, one bank account was held in the name of a third party, who was deceased, and one was in the name of a company registered under the deceased person’s name, with the deceased person as the signatory.
Twyman pleaded guilty to theft of government money and aggravated identity theft on July 3, 2019, for her role in the refund scheme. She is scheduled to be sentenced at a later date.
Lincoln is scheduled to be sentenced at a later date and faces a statutory minimum of two years in prison for aggravated identity theft, a maximum sentence of five years for conspiracy, and a maximum sentence of 10 years for theft of public money. Lincoln also faces a period of supervised release, restitution, forfeiture and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Jonathan Lenzner for the District of Maryland made the announcement.
IRS-Criminal Investigations and the Treasury Department’s Office of the Inspector General investigated the case.
Trial Attorney Abigail Burger Chingos of the Tax Division and Assistant U.S. Attorney Jessica C. Collins of the District of Maryland are prosecuting the case.
Holistic Wellness Business Founder Sentenced to 8 Years in Federal Prison for Ponzi SchemeRead the Press Release
NASHVILLE, – Howard L. Young, 75, the founder of a Nashville-based holistic wellness business was sentenced Friday by U.S. District Judge William L. Campbell, Jr. to eight years in prison, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. Judge Campbell also ordered Young to pay $693,128.66 in restitution for operating a Ponzi scheme, in which he duped over 80 patients, financial institutions and investors out of nearly $700,000,
Young was charged in a criminal Information in October 2020 with four counts of bank fraud; six counts of wire fraud; and aggravated identity theft. He pleaded guilty in December.
The charging documents allege, and Young admitted, that in 2015, Young founded Integrative Medical Services (IMS), purportedly a holistic wellness business. Young also held himself out to hold a Doctor of Naturopathy but did not hold a Medical Doctorate and did not have a medical license.
As early as 2017, Young began soliciting cancer patients, investors, and employees, telling them that he had obtained a $2 million grant from Vanderbilt University to study cancer patients and other patients with chronic medical conditions. Young claimed he was awarded this grant because he had cured himself of cancer using naturopathic methods. Young also promised that, as part of the “study,” patients would receive nutritional supplements, blood testing, nutrition and exercise coaching, gym memberships, massages, and acupuncture. For his scheme, Young targeted approximately 80 vulnerable victims, many of whom had been diagnosed with cancer or other debilitating medical conditions.
In order to participate in the “study,” Young told patients that Vanderbilt required an up-front payment of $10,000 but the funds would be returned to them at the conclusion of one year. If patients could not afford to pay the upfront money, they were required to secure a CareCredit credit card or open a Health Credit Services account. Each of these products is designed to assist patients in paying for medical treatments and functions like a revolving line of credit or an unsecured installment loan and requires the patient to make monthly installment payments. Young promised patients that he would hold the initial funds withdrawn in escrow and would make all monthly payments and would pay off all existing balances at the conclusion of one year, so long as the patient continued to abide by all study protocols.
In fact, Vanderbilt had not awarded any grants to Young or IMS. Young’s representations that IMS had a grant from Vanderbilt were false and was intended to induce patients to apply for and obtain credit and loan accounts at Synchrony Bank, MetaBank, and Cross River Bank; to induce investors to give him funds for his fraudulent scheme; and to induce employees to help him solicit additional patients to participate in his fraudulent scheme. Young even convinced one victim to transfer the title of his house to him in order to participate in the “study.”
Young did not hold the money in escrow as he promised and withdrew a portion of the funds for his own personal use, made payments to his personal credit cards, and made minimum payments on account holders’ credit accounts and loan accounts. Patients did not routinely receive the nutritional supplements promised by Young, nor did they receive nutrition and exercise coaching, gym memberships, massages, or acupuncture as promised. To further conceal his scheme, Young also changed the mailing addresses for patients’ accounts at CareCredit and HCS so that the monthly account statements went to a post office box he controlled. Young made minimum payments on the CareCredit and HCS accounts to conceal the fraud and to keep his scheme going so that he could recruit additional patients to participate in the fictitious grant study.
IMS generated little, if any, revenue. The vast majority of funds flowing into IMS were deposits from the CareCredit credit accounts and the HCS loan accounts. By July 2019, Young had received a total of approximately $669,470 from CareCredit and HCS.
This case was investigated by the FBI. Assistant U.S. Attorney Kathryn W. Booth prosecuted the case.
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Harrison County man sentenced to 14 years for having more than 50 grams of methamphetamineRead the Press Release
CLARKSBURG, WEST VIRGINIA – David Christopher Monroe, of Clarksburg, West Virginia, was sentenced today to 168 months of incarceration for a methamphetamine charge, Acting United States Attorney Randolph J. Bernard announced.
Monroe, age 35, pled guilty to one count of “Possession with Intent to Distribute 50 grams or more of Methamphetamine” in November 2020. Monroe admitted to having more than 50 grams of methamphetamine, also known as “crystal” and “ice,” in Harrison County in December 2019.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
U.S. District Judge Thomas S. Kleeh presided.
Grand Jury - July 2021Read the Press Release
Omaha Man Charged with COVID Relief Program Related Bank Fraud
Acting United States Attorney Jan Sharp announced that the federal Grand Jury for the District of Nebraska has returned a one-count Indictment charging M.A. Yah with Bank Fraud in connection with a loan application to the Paycheck Protection Program. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a 5-year term of supervised release, and a $100 special assessment. The Indictment is a charging document that contains one count that is merely accusation, and every defendant is presumed innocent unless and until proven guilty.
In May, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case was investigated by the Federal Bureau of Investigation.
In other news from the Grand Jury for the District of Nebraska:
Acting United States Attorney Jan Sharp announced the federal Grand Jury for the District of Nebraska has returned 20 unsealed Indictments charging 23 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Carlos Astorga Torres, age 27, of Hastings, Nebraska, is charged with distribution and possession with intent to distribute 500 grams or more of Methamphetamine on or about March 23, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Larry D. Brooks, age 59, of Omaha, is charged with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about February 6, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment.
* Kimberly Brummett, age 58, of Elkhorn, Nebraska, is charged in a fourteen-count Indictment. Counts I through XIV charge Brummett with wire fraud on or about August 4, 2016 and continuing through on or about October 4, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment for each count.
* Brooks L. Duester, age 43, is charged in a six-count Indictment. Counts I through VI charge Duester with bank fraud on or about February 21, 2017 and continuing through on or about September 19, 2019. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment for each count.
* MacAnthony Gordon a/k/a Mactony Gordon, age 35, of Omaha, is charged with possession of a firearm by a prohibited person on or about April 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tia Hall, age 37, of Falls City, Nebraska, is charged in a two-count Indictment. Counts I and II charge Hall with receipt and possession of an unregistered firearm on or about July 8, 2020 and continuing to on or about July 9, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Balmore Hernandez-Castro, age 23, and Santos Rosendo Hernandez, age 43, both of Lincoln, Nebraska, are charged in a two-count Indictment. Count I charges Hernandez-Castro and Rosendo Hernandez with assault on a federal officer on or about July 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Hernandez-Castro with assault on a second federal officer on or about July 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Delyahn R. Hill, age 23, is charged in a three-count Indictment. Count I charges Hill with robbery of personal property of the United States on or about June 15, 2021. The maximum possible penalty if convicted is 15 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during a crime of violence on or about June 15, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm on or about June 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.
* Morgan L. Howard age 27, of Omaha, is charged in a four-count Indictment. Count I charges Howard with possession with intent to distribute one gram or more of LSD on or about February 4, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about February 4, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute Cocaine on or about February 4, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment. Count IV charges the defendant with felon in possession of a firearm on or about February 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Anton Johnson, age 51, of Bellevue, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about June 7, 2021 and continuing to on or about June 21, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.
* Kashaun L. Lockett, age 36, Gary Lockett, age 37, and Robert Culberson, age 43, are charged in a six-count Indictment. Count I charges Kashaun Lockett, Gary Lockett, and Culberson with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 1, 2020 and continuing to on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment. Count II charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine on or about April 30, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count III charges the defendants with possession with intent to distribute 50 grams or more of Methamphetamine on or about May 25, 2021. The maximum possible penalty if convicted is life imprisonment, $8,000,000 fine, an eight-year term of supervised release, $100 special assessment. Count IV charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment. Count V charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count VI charges Gary Lockett and Culberson with use and possession of a firearm in furtherance of a drug trafficking crime on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Steven A, Malechek, age 47, is charged in a four-count Indictment. Count I charges Malechek with possession with intent to distribute 50 grams or more of methamphetamine on or about May 19, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about May 19, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 28, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count IV charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about May 28, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2021 and May 28, 2021.
* Mike Akeen Obed, age 21, of Sioux City, Iowa, is charged with robbery of Siouxland Federal Credit Union on or about June 11, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Ramirez Heredia, age 20, is charged in a two-count Indictment. Count I charges Ramirez Heredia with distribution of 10 grams or more of fentanyl on or about June 2, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with distribution of 10 grams or more of fentanyl on or about June 7, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment
* Bartolo Roman-Tapia, age 22, is charged possession with intent to distribute 500 grams or more of methamphetamine on or about June 22, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Isidro Romero-Encarnacion, age 38, is charged with illegal reentry after deportation on or about June 29, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Matthew Rosener, age 39, is charged with failure to register as a sex offender on or about June 15, 2020 and continuing to on or about May 26, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.
* Jose Maria Salazar, age 20, of West Point, Nebraska, is charged in a four-count Indictment. Count I charges Salazar with conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine on or about April 7, 2021 and continuing to on or about May 4, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with distribution of 500 grams or more of methamphetamine on or about April 19, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count III charges the defendant with distribution of 50 grams or more of methamphetamine on or about May 4, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count IV charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about May 4, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Edward Smith, age 21, of Omaha, is charged with possession of firearm by a prohibited person on or about May 21, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Luis Vergaro-Jimenez, age 50, is charged with reentry of a removed alien after having been convicted of a felony on or about September 1, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Former Delray Beach Doctor Sentenced to Six Years in Federal Prison for $20 Million Health Care Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge William Jung has sentenced Dr. Richard Davidson (Delray Beach, 42) to six years in federal prison for conspiracy to commit health care fraud. As part of his sentence, the court ordered Davidson to forfeit approximately $650,000 in funds traceable to the offense or as substitute assets. The court also entered a money judgment of $2.47 million and ordered $10.72 million in restitution. Davidson lost his medical license due to his conviction.
Davidson had pleaded guilty on September 16, 2020.
According to court documents, in 2018, Davidson and his conspirators established a conglomerate of durable medical equipment (“DME”) supply companies. During the creation of the companies, they lied to Medicare to secure billing privileges. The scheme involved placing the companies in the names of straw owners. By concealing the companies’ true ownership, the conspirators secretly gained control of multiple companies. This enabled the conspirators to submit high volumes of illegal DME claims while attempting to evade law enforcement scrutiny. In one year, through the conglomerate, Davidson and his conspirators submitted more than $20 million in illegal DME claims, resulting in more than $10 million in payments from Medicare and the Civilian Health and Medical Program of the Department of Veterans Affairs (“CHAMPVA”).
To attain such high volumes of claims, the conspirators used bribes and kickbacks. Specifically, Davidson and his conspirators illegally purchased thousands of DME claims from so-called “marketers.” The marketers, for their part, had generated the claims under the guise of “telemedicine,” but no telemedicine had actually occurred. Instead, the “marketers” had bribed doctors to sign the DME brace orders that supported the claims. Davidson and his conspirators paid millions to secure the illegal DME claims for submission to Medicare and CHAMPVA.
“It’s sickening to see a member of the medical community profiting from a scheme that’s cheating the nation’s federally funded healthcare program. The FBI and its law enforcement partners will continue to expose the greed and deceit taking precedence over patient care,” said FBI Tampa Special Agent in Charge Michael McPherson.
“CHAMPVA ensures that family members of service-connected disabled veterans receive quality health care services,” stated David Spilker, Special Agent in Charge at the Department of Veterans Affairs Office of Inspector General (VA OIG). “This sentence holds the defendant accountable for his criminal actions to defraud both CHAMPVA and the Medicare program and reflects the magnitude of his multi-million dollar health care fraud scheme. The VA OIG thanks our law enforcement partners for their collaboration in this important investigation.”
This case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service – Criminal Investigation, Tampa Field Office. It was prosecuted by Assistant United States Attorneys Kristen A. Fiore and James A. Muench.
Florida Man Sentenced to More Than Seven Years in Federal Prison for Shooting IncidentRead the Press Release
Tampa, Florida – U.S. District Judge William Jung has sentenced Gabriel Galvan (32, Sarasota) to seven years and two months in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Galvan to forfeit the firearm and ammunition used in the offense.
Galvan had pleaded guilty on April 27, 2021.
According to court documents, on February 10, 2020, Galvan was standing in the middle of the street in a Sarasota neighborhood, blocking traffic. When a driver blew his horn and gestured to Galvan to move out of the road, Galvan pulled a gun from his back pocket and fired two shots. The car drove off and Galvan fled the area.
Officers from the Sarasota Police Department then responded to the area, made contact with Galvan, and located the firearm hidden underneath an air conditioner, as well as two spent shell casings.
Galvan later confessed to possessing and firing the firearm. Further, a DNA analysis comparing Galvan’s DNA to a sample taken from the firearm concluded it was 700 billion times more likely that the sample came from Galvan than anyone else. At the time of the shooting, Galvan had several previous felony convictions and therefore was and is prohibited from possessing firearms or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Federal Jury in Maryland Convicts Washington, D.C. Man in Stolen Identity Tax Fraud SchemeRead the Press Release
Greenbelt, Maryland – A federal jury convicted Devell Lincoln, age 55, of Washington, D.C., of conspiring to commit theft of public money, theft of public money and aggravated identity theft. The jury returned its verdict late on July 23, 2021.
The conviction was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; and Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to court documents and the evidence introduced at trial, from 2011 to 2013, Devell Lincoln conspired with Stephanie Twyman and others to cash tax refund checks fraudulently obtained by filing false federal income tax returns in the names of other individuals with the IRS. In total, the conspirators cashed more than $500,000 in fraudulent refunds at a check-cashing business and Lincoln deposited more than $150,000 in fraudulent refunds using bank accounts under his control.
From 2011 to 2013, false federal income tax returns were filed with the IRS using the names and Social Security numbers of unwitting taxpayers and seeking fraudulent refunds. When the refunds were received, Lincoln and his co-conspirators cashed the checks at a check-cashing business. In addition, from 2010 to 2014, Lincoln deposited fraudulent refunds into bank accounts under his control. While two of these accounts were in Lincoln’s name, one bank account was held in the name of a third-party, who was deceased, and one was in the name of a company registered under the deceased person’s name, with the deceased person as the signatory.
Twyman, age 49, of Clinton, Maryland, pleaded guilty to theft of government money and aggravated identity theft on July 3, 2019, for her role in the refund scheme. She is expected to be sentenced at a later date.
Lincoln is scheduled to be sentenced at a later date and faces a mandatory two years in federal prison, consecutive to any other sentence imposed, for aggravated identity theft; a maximum sentence of five years in prison for conspiracy; and a maximum sentence of ten years in prison for theft of public money. U.S. District Judge Paul W. Grimm will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Jonathan F. Lenzner and Acting Deputy Assistant Attorney General Stuart M. Goldberg commended the IRS-CI for its work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Jessica C. Collins and Trial Attorney Abigail Burger Chingos of the Tax Division, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Dubois Man Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
PITTSBURGH, PA - A resident of Clearfield County, Pennsylvania, has been sentenced in federal court to 18 months in federal prison followed by one year of supervised release on his conviction of filing false tax returns, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Gary E. Mills, 61, of Dubois, PA.
According to information presented to the court, on April 15, 2015, April 15, 2014, and August 1, 2014, Mills filed false joint tax returns by intentionally under reporting his and his wife’s income to the IRS. Previously Mills’ now ex-wife had been prosecuted for embezzling more than $12 million dollars from her former employer, Matthews International. She pled guilty to mail fraud, wire fraud, tax evasion and money laundering and was sentenced to 100 months in prison and three years supervised release. Between Gary Mills and his ex-wife they forfeited multiple vehicles, residences, motorcycles, a snow mobile and multiple items of personal property.
Prior to imposing sentence, Judge Fischer stated that the evidence presented at trial that established the Mills intentionally filed false income tax returns “was overwhelming”.
Acting United States Attorney Steve Kaufman commended the Internal Revenue Service - Criminal Investigation and the U.S. Postal Inspection Service for the investigation leading to the successful prosecution of Gary E. Mills.
Delaware man sentenced for role in drug trafficking enterpriseRead the Press Release
MARTINSBURG, WEST VIRGINIA – Andre Jason Burgos, of Wilmington, Delaware, was sentenced today to 30 months of incarceration for his role in a drug distribution enterprise, Acting United States Attorney Randolph J. Bernard announced.
Burgos, also known as “Ghost,” 30, pled guilty in March 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and Cocaine Hydrochloride.” Burgos admitted to working with others to sell cocaine hydrochloride, cocaine base, heroin, and fentanyl from June 2019 to October 2020 in Berkeley County and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated. The Eastern District of Pennsylvania U.S. Attorney’s Office and the Kent County Sheriff’s Office assisted.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level 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.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/22-people-indicted-drug-trafficking-enterprise-spanned-several-states
Defense attorney convictedRead the Press Release
McALLEN, Texas – A 48-year-old resident of Mission has pleaded guilty to violating the Travel Act by unlawfully accessing federal documents in order to assist a known drug trafficking organization, announced Acting U.S. Attorney Jennifer B. Lowery.
Eric S. Jarvis is a licensed criminal defense attorney out of McAllen. Today, he admitted to using a cellular phone and the Public Access to Court Electronic Records (PACER) database to assist and promote the drug trafficking activities of known drug traffickers since at least July 24, 2017, through May 10, 2021.
Jarvis admitted to assisting drug trafficker Angel Aziel Herrera and his successors in Mexico. He helped the drug trafficking organization by obtaining documents that provided information regarding co-conspirators during the ongoing investigation. Jarvis knew criminal complaints had documented loads that law enforcement seized from the organization. He also knew Herrera and his successors could and would provide the complaints to their sources of supply in order to continue receiving drugs from their sources of supply for importation and distribution into the United States.
Jarvis admitted to obtaining the criminal complaints from PACER on at least eight occasions from July 24, 2017, through May 2021 and providing them to Herrera and/or his co-conspirators by WhatsApp or hand delivery.
He also admitted to accepting drug trafficking proceeds from Mexico as payment from Herrera to represent other co-conspirators working for the organization in criminal matters.
As part of the plea, Jarvis also agreed to the forfeiture of $8,000 in drug trafficking proceeds he received as payment for his criminal actions.
U.S. District Judge Ricardo H. Hinojosa accepted the plea today and set sentencing for Oct. 1, at which time he faces up to five years in prison. He was permitted to remain on bond pending that hearing.
Homeland Security Investigations and FBI conducted the investigation with the assistance of the U.S. Attorney’s Office for the Western District of Texas, Customs and Border Protection, Drug Enforcement Administration, Texas Department of Public Safety and Hidalgo County Sheriff’s Office. Assistant U.S. Attorney Roberto Lopez Jr. is prosecuting the case.
The plea is a result of Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Dead Men Walking. OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States. It uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
DOJ and HHS Issue Guidance on ‘Long COVID’ and Disability Rights Under the ADA, Section 504, and Section 1557Read the Press Release
Today, as we commemorate the 31st anniversary of the Americans with Disabilities Act (ADA), the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) are jointly publishing guidance on how “long COVID” can be a disability under the ADA, Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act. The guidance is on the DOJ website at https://www.ada.gov/long_covid_joint_guidance.pdf - PDF and on the HHS website at https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html.
Some people continue to experience symptoms that can last weeks or months after first developing COVID-19. This can happen to anyone who has had COVID-19, even if the initial illness was mild. People with this condition are sometimes called “long-haulers” — and the condition they have is known as “long COVID.”
With the rise of long COVID as a persistent and significant health issue, the DOJ Civil Rights Division and the HHS Office for Civil Rights (OCR) have joined together to provide this new guidance. This guidance explains that long COVID can be a disability under the ADA, Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Affordable Care Act, and explains how these laws may apply. Each of these federal laws protects people with disabilities from discrimination. This guidance also provides resources for additional information and best practices.
“The ADA is one of our most transformative civil rights laws, helping to ensure that our schools, courthouses, townhalls, businesses and workplaces are open to all people, regardless of their disability status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This anniversary, we recognize the ongoing challenges to full equality, including COVID-19’s devastating and disproportionate impact on people with disabilities. As many of our neighbors find themselves with long-lasting effects from COVID-19, we are committed to making sure that people understand their rights under federal nondiscrimination laws. The Department of Justice will vigorously enforce the ADA and other federal civil rights laws to ensure that as the nation responds to, and recovers from, COVID-19, and that those with disabilities are full and equal partners in that recovery.”
“Some individuals recover quickly from COVID, but others experience debilitating long-term impairments that substantially limit major life activities,” said Acting Director Robinsue Frohboese of HHS’s Office of Civil Rights. “Today’s guidance makes clear that these individuals are entitled to equal opportunities and full participation in all aspects of life. We honor the 31st anniversary of the ADA, a law that established ‘a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,’ and deepen our commitment to enforcing federal civil rights laws. OCR is committed to advancing the principles of non-discrimination and equity and will continue to provide guidance so that consumers understand their rights and providers fulfill their obligations.”
“It’s critical that we ensure people who have disabilities as a result of long COVID are aware of their rights under federal nondiscrimination laws,” said Acting Administrator and Assistant Secretary Alison Barkoff for Aging at the Administration for Community Living at HHS. “It also is crucial that they know how to connect to services and supports available if they now need assistance to live in their own homes, go to school or work, or participate in their communities.”
This guidance, along with a directory of resources available through programs funded by the Administration for Community Living (ACL), was shared this morning by the White House as part of a comprehensive package of resources for people with long COVID, which you can find here: https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/26/fact-sheet-biden-harris-administration-marks-anniversary-of-americans-with-disabilities-act-and-announces-resources-to-support-individuals-with-long-covid/.
The ACL directory of resources for those with long COVID may be found at: https://acl.gov/sites/default/files/COVID19/ACL_LongCOVID.pdf - PDF.
This guidance is one of many actions HHS has taken in recent months to address long COVID. In February HHS launched a new initiative to study long COVID. Led by NIH, the goal of the initiative is to learn more about how COVID-19 may lead to widespread and lasting symptoms, and to develop ways to treat or prevent these symptoms. In addition to the initiative, HHS, through the COVID-19 Health Equity Task Force and OCR, held listening sessions on long COVID with health advocates, and NIH held a workshop with experts to identify key gaps in knowledge about the condition.
Additional Resources
DOJ’s Civil Rights Division has a page on its ADA.gov website that discusses topics related to COVID-19 and the ADA: https://www.ada.gov/emerg_prep.html.
OCR has a webpage devoted to COVID-19 and civil rights issues: https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html.
The Centers for Disease Control and Prevention’s (CDC) website has a page on post-COVID conditions, which discusses long COVID: https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html.
Other ACL resources and information about COVID-19 for people with disabilities can be found at: https://acl.gov/COVID-19.
ACL and OCR partnered to create a website that tells the story of how the ADA came to be, showcase some of the progress we have made as a country toward achieving its promise and illustrate a little bit of the work being done by ACL and OCR, as well as other partners within HHS and across government. That website can be found at: https://acl.gov/ada.
If you believe that you or another person has been discriminated against by an entity covered by the ADA, you may file a complaint with the Disability Rights Section (DRS) in the Department of Justice. Information about how to file a complaint is available at: https://www.ada.gov/fact_on_complaint.htm.
If you believe that you or another person has been discriminated against by an entity covered by federal civil rights laws, you may file a complaint with OCR. Information about how to file a complaint is available at: https://www.hhs.gov/ocr/complaints.
Convicted Felon and Grape Street Crip Gang Member Sentenced to 10 Years for Drug and Firearms OffensesRead the Press Release
Memphis, TN – Caery Gorman, 45, has been sentenced to 121 months in federal prison for distribution of methamphetamine and for being a convicted felon in possession of firearms. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, between April and June 2018, agents with the DEA and ATF were investigating Gorman as a heroin and methamphetamine supplier here in the Western District of Tennessee, as part of a larger investigation into the Grape Street Crips Street Gang. Agents utilized a Confidential Informant in conjunction with an Undercover Agent (UCA) on three separate occasions to purchase heroin, methamphetamine and firearms directly from Gorman.
On April 26, 2018, the UCA arranged to purchase ICE ("methamphetamine") from Gorman at his home. This substance tested positive for methamphetamine with a weight of 77 grams. Further testing at the DEA lab, confirmed it was methamphetamine with a 98% purity. The second buy, on June 5, 2018, the UCA met again at Gorman’s home in Memphis to purchase 178 grams of suspected heroin for $3600 and a Sig Sauer 9 mm pistol for $450. On June 14, 2018, the UCA purchased 85 grams of suspected heroin for $2400 and 4 guns- a S&W .40 caliber, a 7.62x39 mm AK style pistol, and two Taurus .380 caliber pistols. The guns were confirmed to be manufactured outside the state of Tennessee and therefore traveled in interstate commerce.
Gorman is a convicted felon, having previously been convicted of possession of cocaine with the intent to distribute. As a result of his prior felony convictions, he is prohibited by federal law from possessing firearms or ammunition.
On April 13, 2021, the defendant pled guilty to distribution of methamphetamine (50 grams or more) as well as being a convicted felon in possession of multiple firearms on two separate occasions.
On July 22, 2021, U.S. District Judge Sheryl H. Lipman sentenced Gorman to 121 months in federal prison to be followed by five years’ supervised release. There is no parole in the federal system.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant U.S. Attorney Melanie Cox prosecuted this case on behalf of the government.
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Cape Cod Man Sentenced in Connection with Heroin ConspiracyRead the Press Release
BOSTON – An Osterville man was sentenced in federal court in Boston today for his role in a wide-ranging heroin trafficking conspiracy.
Eric Brando, 29, was sentenced by U.S. District Court Judge Allison D. Burroughs to 66 months in prison and six years of supervised release. In February 2020, Brando pleaded guilty to conspiracy to distribute 100 grams or more of heroin.
In May 2019, Brando and 10 co-defendants were arrested and charged with various drug distribution offenses.
According to court documents, in 2019, law enforcement began an investigation into a Cape Cod drug trafficking organization, allegedly led by co-defendant Edwin Otero. It is alleged that Otero and his co-conspirators distributed large quantities of heroin throughout Cape Cod, including Hyannis, Mashpee, Centerville and Osterville, as well as Pawtucket, R.I. Interceptions from Otero’s phone identified Brando as a drug trafficker supplied by Otero. In addition to moving sizeable quantities of heroin, the investigation revealed that members of the Otero crew shot at a drug customer over an unpaid debt and videotaped themselves beating another man they incorrectly believed had provided information to the police.
Brando is the first defendant to be sentenced in this case and the fourth to have pleaded guilty. The remaining seven defendants have pleaded not guilty and are pending trial.
The charge of conspiracy to distribute 100 grams or more of heroin provides for a sentence of up to 40 years in prison, at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Barnstable Police Chief Matthew K. Sonnabend made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Business Owner Indicted on Tax FraudRead the Press Release
WICHITA, KAN. – A federal grand jury in Wichita indicted a Wichita man on 17 counts of Failure to Pay Over Payroll Taxes.
According to court documents, Jesus Perez-Aguayo, 38, served as owner, operator, and president of two companies, JLP Construction and JP Remodeling. Between 2015 and 2019, Perez-Aguayo is accused of collecting but not forwarding hundreds of thousands of dollars in employee payroll taxes to the Internal Revenue Service.
If there is a conviction, each count of Failure to Pay Over Payroll Taxes carries a penalty of up to five years in prison.
Internal Revenue Service Criminal Investigation is investigating the case.
Assistant U.S. Attorney Molly Gordon is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Burlington County Man Charged with Drug and Weapons OffensesRead the Press Release
TRENTON, N.J. – A Burlington County, New Jersey, man is expected to make his initial appearance today after being charged with trafficking over three kilograms of methamphetamine and illegally possessing unregistered firearms as a previously convicted felon, Acting U.S. Attorney Rachael A. Honig announced.
Nicholas Layton, 41, of Mount Holly, New Jersey, is charged by complaint with one count of conspiracy to distribute 50 grams or more of methamphetamine, one count of possession with intent to distribute 50 grams or more methamphetamine, three counts of unlawful possession of unregistered firearms and one count of possession of firearms by a convicted felon. He is scheduled to appear today before U.S. Magistrate Judge Douglas E. Arpert.
According to documents filed in this case and statements made in Court:
In December 2018, Layton and an unnamed conspirator were driving separate vehicles from Arizona back to New Jersey. Both vehicles were the subject of a motor vehicle stop in Crawford County, Arkansas. Subsequent investigation revealed that the conspirator’s vehicle contained four wrapped bundles of suspected narcotics, later confirmed to be approximately three kilograms of methamphetamine. According to receipts located in both vehicles, Layton rented both cars and the cars traveled together through multiple states before being stopped in Arkansas. Both Layton and his conspirator were charged by the State of Arkansas in connection with the methamphetamine; Layton was released by authorities.
In May and June of 2019, Layton sold methamphetamine on three separate occasions to confidential informants under the surveillance of law enforcement in Pemberton and Mount Holly, New Jersey.
On July 17, 2019, law enforcement executed a search warrant at Layton’s residence in Mount Holly where they located:
1) a black “AR” style, 5.56 x 45mm semi-automatic rifle, having no visible serial number, which law enforcement later determined was a Privately Made Firearm (“PMF”);
2) a 9mm semi-automatic rifle, having no visible serial number, which law enforcement later determined was a PMF;
3) a firearm silencer, having no visible serial number, which law enforcement later determined was a PMF; and
4) eight “M-Class” explosive devices
On July 17, 2019, law enforcement executed a search warrant at another residence associated with Layton in Southampton, New Jersey, where they located:
5) a Norcino, SKS type, 762 caliber, semi-automatic rifle (the “Norcino”), bearing serial number 244931DUP;6) a 12-gauge caliber Browning shotgun (the “Browning”), bearing serial number 13324 S69; and
7) nine “M-Class” explosive devices
Layton was not found at either location during the execution of the search warrants. On or about Aug. 4, 2019, Layton was found at a residence in Marlton, New Jersey. At the time of his arrest, Layton was found in possession of approximately 200 grams of methamphetamine and an additional explosive device.
The conspiracy and the possession with intent to distribute methamphetamine counts are punishable by a mandatory minimum of 10 years in prison, a maximum of life in prison and a fine of $10 million; the possession of an unregistered firearm is punishable by a maximum of 10 years in prison and a fine of $10,000; and the charge of being a felon in possession of a firearm is punishable by a maximum of 10 years in prison and fine of $250,000.Acting U.S. Attorney Honig credited special agents of the Drug Enforcement Administration (DEA), Camden Resident Office, under the direction of Special Agent in Charge Susan A. Gibson in Newark; the DEA Fort Smith Post of Duty under the supervision of Special Agent in Charge Brad Byerley, Arkansas; special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Toby C, Taylor, Newark Field Division; the New Jersey State Police, under the direction of Col. Patrick J. Callahan; the Burlington County Prosecutor’s Office, under the direction of Prosecutor Scott A. Coffina; and officers of the Arkansas State Police, under the direction of Chief William J. Bryant, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Michelle S. Gasparian of the Criminal Division in Trenton
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Brian P. Reilly, Assistant Federal Public Defender, Trenton
Bristol, Tennessee Woman Sentenced to 24 Months in Prison for Role in Pandemic Unemployment SchemeRead the Press Release
ABINGDON, Va. – A Bristol, Tenn. woman, who conspired with others to fraudulently file more than $499,000 in in pandemic unemployment benefits, was sentenced today to 24 months in federal prison.
Melissa Hayes, 51, pleaded guilty earlier this year to one count of conspiracy to commit unemployment fraud and one count of conspiracy to commit mail fraud.
According to court documents, Hayes conspired with others to commit fraud against the United States in connection with a scheme involving the filing of fraudulent claims for pandemic unemployment benefits.
Members of the conspiracy, including Hayes, worked together to collect personal identification information of more than 35 co-conspirators, including 15 inmates in the custody of the Virginia Department of Corrections, and to file fraudulent claims of pandemic-related unemployment benefits.
Over the course of nine months, Hayes, and others, filed fraudulent claims for at least 37 individuals, with a total actual loss to the United States of at least $499,000.
The Department of Labor Office of the Inspector General, Internal Revenue Service – Criminal Investigation, Norton Police Department, and Russell County Sheriff’s Office investigated the case.
Acting United States Attorney Daniel P. Bubar of the Western District of Virginia, Acting Special Agent in Charge Darrell J. Waldon, IRS-CI Washington D.C. Field Office and, Syreeta Scott, Acting Special Agent-in-Charge, Philadelphia Region made the announcement today.
Assistant United States Attorney Daniel J. Murphy prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form .
Bookkeeper Sentenced for Fraud and Tax EvasionRead the Press Release
BOSTON – The owner of a firm that provided payroll and payroll tax services to small businesses in New England was sentenced on Thursday, July 22, 2021 for defrauding clients by diverting the funds her clients set aside for payroll taxes.
Patricia Lindau, 65, of Newburg, Maine, was sentenced by U.S. District Court Judge Denise J. Casper to three years in prison and two years of supervised release. Lindau was also ordered to pay restitution of $1,422,122 and forfeiture of $1,121,292. On Feb. 24, 2021, Lindau pleaded guilty to one count of wire fraud and one count of tax evasion.
Between 2017 and the spring of 2020, Lindau engaged in a scheme to defraud many of her clients by failing to pay over to the Internal Revenue Service (IRS) and Massachusetts Department of Revenue (DOR) the payroll taxes that she withdrew from her clients’ bank accounts. Lindau used her access to her clients’ accounts to transfer funds that her clients intended to use to satisfy their payroll tax liabilities into her firm’s business checking account. Lindau then sent each client a weekly report falsely indicating that she had paid the funds over to the IRS and DOR.
When Lindau’s clients received letters from the IRS and DOR indicating that their payroll taxes had not been paid, Lindau lied to the clients and falsely told them that the letters were a mistake and that she would take care of it. In some instances, she then paid the taxes late.
Lindau’s scheme continued into the first quarter of 2020 when most of her clients closed due to COVID-19 and then discovered that their employees’ payroll taxes had not been and were not being paid.
Over the course of the scheme, Lindau failed to pay over when due more than $2 million and caused a net loss to her clients of over $1.1 million.
Acting United States Attorney Nathaniel R. Mendell; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation; and John Hayes, Director of the Criminal Investigations Bureau, Massachusetts Department of Revenue made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Mackenzie Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Blair County Man Pleads Guilty to Possessing and Intending to Distribute Multiple DrugsRead the Press Release
JOHNSTOWN, PA - A resident of Blair County, Pennsylvania, pleaded guilty in federal court to a charge of possession with intent to distribute multiple Schedule I and II controlled substances, Acting United States Attorney Stephen R. Kaufman announced today.
Jesse Daniel Ginter, 40, of Williamsburg, PA 16693 pleaded guilty on July 23, 2021, to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that on March 12, 2018, Homeland Security Investigations agents and other law enforcement executed a federal search warrant on Ginter’s residence and recovered quantities of numerous controlled substances, including furanyl fentanyl, methoxyacetyl fentanyl, cyclopropyl fentanyl, U-47700, AMB-Fubinaca, carfentanil, fentanyl, marijuana, cocaine, and methamphetamine. The Court was further advised that investigators recovered firearms, ammunition, currency, a digital scale, stamp bags, and other indicia of drug trafficking from Ginter’s residence.
Judge Gibson scheduled sentencing for Nov. 23, 2021. The law provides for a maximum total sentence of 20 years imprisonment, a fine of not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The U.S. Postal Inspection Service; U.S. Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations; Federal Bureau of Investigation; and Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
Berkeley County man sentenced for role in drug trafficking enterpriseRead the Press Release
MARTINSBURG, WEST VIRGINIA – John Suffare Beavers, II, of Hedgesville, West Virginia, was sentenced today to 30 months of incarceration for his role in a drug distribution enterprise, Acting United States Attorney Randolph J. Bernard announced.
Beavers, 34, pled guilty in April 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and Cocaine Hydrochloride” and three counts of “Aiding and Abetting Distribution of Heroin and Fentanyl.” Beavers admitted to working with others to sell cocaine hydrochloride, cocaine base, heroin, and fentanyl from June 2019 to October 2020 in Berkeley County and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated. The Eastern District of Pennsylvania U.S. Attorney’s Office and the Kent County Sheriff’s Office assisted.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. OCDETF identifies, disrupts, and dismantles the highest-level 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.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/22-people-indicted-drug-trafficking-enterprise-spanned-several-states
Barnstable Man Indicted on Child Exploitation OffensesRead the Press Release
BOSTON – A Barnstable man was arrested on Friday, July 23, 2021 on child exploitation offenses.
Atticus J. Bernard, 21, was indicted on two counts of sexual exploitation of children and one count of possession of child pornography. Bernard was detained following an initial appearance and arraignment on July 23, 2021.
According to the indictment, Bernard allegedly used two minors to engage in sexually explicit conduct for the production and distribution of child pornography on two separate occasions between approximately November 2019 and October 2020. In addition, on Jan. 14, 2021, Bernard allegedly possessed child pornography.
The charge of sexual exploitation of children provides for sentence of up to 30 years, a minimum of 15 years and up to a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Frederick J. Regan, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Assistant U.S. Attorney David G. Tobin of Mendell’s Major Crimes Unit is prosecuting the case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland’s Statement on Aon and Willis Towers Watson Decision to Terminate Merger AgreementRead the Press Release
Attorney General Merrick B. Garland today released the following statement on Aon plc’s and Willis Towers Watson’s announcement that the firms agreed to terminate their planned $30 billion merger. The Department of Justice filed a civil antitrust lawsuit on June 16, 2021, to stop the merger, alleging that the combination of Aon and Willis Towers Watson, the second- and third-largest insurance brokers in the world, would reduce competition for the business of American companies, effectively consolidating the industry’s “Big Three” into a Big Two.
“This is a victory for competition and for American businesses, and ultimately, for their customers, employees and retirees across the country,” said Attorney General Merrick B. Garland. “American employees and retirees rely on dependable health care and retirement plans provided by their employers. Many of those employers, in turn, rely on insurance brokers like Aon and Willis Towers Watson for managing the complexities of these health and retirement benefits. Businesses also rely on Aon and Willis Towers Watson to compete for the bulk of their risk management portfolio, including property and casualty insurance. The decision to abandon this anticompetitive merger will help preserve competition in insurance brokering.
“The department is grateful for the team of dedicated lawyers, economists, paralegals and support staff who thoroughly investigated the merger and pursued litigation to block this combination for the benefit of American consumers.”
Attorney General Garland and Civil Rights Division Assistant Attorney General Clarke Commemorate the 31st Anniversary of the Americans with Disabilities ActRead the Press Release
Today, Attorney General Merrick B. Garland and Assistant Attorney General for the Civil Rights Division Kristen Clarke issued the following statements to mark the 31st Anniversary of the Americans with Disabilities Act (ADA), the nation’s preeminent civil rights law that provides equal opportunity for people with disabilities.
“Thirty-one years ago today, the Americans with Disabilities Act was signed into law with broad bipartisan support and it has been life-changing for people with disabilities,” said Attorney General Merrick B. Garland. “It ushered in a new era of greater participation, inclusion, independent living and opportunity. The ADA has helped knock down discriminatory barriers in employment, state and local government programs, and businesses. That has made it possible for generations of Americans with disabilities to contribute to their communities and achieve their full potential. The Justice Department will keep working tirelessly — marshalling all tools made possible by this groundbreaking law — to realize the ADA’s promise of equal opportunity for all people with disabilities.”
“The ADA is one of our most transformative civil rights laws, helping to ensure that our schools, courthouses, townhalls, businesses and workplaces are open to all people, regardless of their disability status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We know that much work remains to be done to achieve fully the goals underlying the ADA, but the department celebrates the progress that the ADA has made possible for millions of Americans, while continuing to fight for full access and opportunity for people with disabilities. This is the Civil Rights Division’s charge and this is our promise to every person with a disability across this country. We will not yield until the full measure of rights guaranteed by the ADA is a reality for all.”
This year, the Civil Rights Division has enforced the ADA to provide concrete changes in the lives of Americans with disabilities. The following are some examples of its work:
- The department recently secured a comprehensive settlement agreement with Amtrak that will provide equal access to rail travel for countless passengers with disabilities. Over the next 10 years, Amtrak will design at least 135 stations to be accessible, complete construction at 90 of those stations, and have at least 45 more under construction. Amtrak is also installing Passenger Information Display Systems to provide both audio and visual messages at 97 stations, which will benefit riders with vision or hearing disabilities. Amtrak also established a $2.25 million settlement fund to compensate people who were harmed by inaccessible stations while trying to travel by train.
- The department recently entered into a significant settlement agreement with North Dakota, a statewide agreement that will ensure adults with physical disabilities can receive community-based services instead of entering or remaining in nursing facilities. Under the agreement, more than 2,500 people with disabilities will receive services that will help them remain with their families and communities, while still receiving the care that they need.
- The department entered into a settlement agreement with Newton County, Arkansas and the Newton County Board of Elections to address polling place accessibility for people with disabilities. As part of its investigation, the department surveyed the county courthouse used for early voting and all 18 of the polling places used during the election. The County’s polling places contained architectural barriers and lacked functioning, accessible voting machines. The department’s agreement requires the County and the Board to provide accessible polling places. Through the department’s ADA Voting Initiative, we have surveyed over 2,400 polling places and increased polling place accessibility in over 50 jurisdictions.
- The department’s recent settlement agreements with the City of Killeen and Central Texas College of Killeen are removing physical barriers to accessibility. For example, the college is working to make parking, entrances, restrooms, service counters, drinking fountains and routes to and within buildings accessible to people with disabilities. It is also providing the required wheelchair and companion seating in assembly areas, such as auditoriums. The city is taking similar steps to make buildings accessible, including its City Hall, police stations, libraries, community centers and emergency shelters. The city is also improving communication services for individuals with hearing disabilities, enhancing website accessibility and implementing a plan for sidewalk accessibility.
For more information about the ADA, please visit www.ada.gov or call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383). For more information on the Civil Rights Division, please visit www.justice.gov/crt.
The Attorney General’s video marking the 31st Anniversary can be found here.
Armed Drug Trafficker Going to PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Alton Dunn, 31, of Rochester, NY, who was convicted of possessing with intent to distribute marijuana and possession of a firearm and ammunition by a convicted felon, was sentenced to serve 72 months in prison by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Charles Moynihan, who handled the case, stated that the defendant was arrested on July 31, 2018, after officers from the Rochester Police Department, who were patrolling the area of Child Street in Rochester, saw a Lincoln Navigator with a license plate cover obscuring the vehicle’s license plate. Officers pulled the Navigator to the side of the road, approached the vehicle, and identified Dunn, who had been convicted of Robbery in the Second Degree in 2007, as the driver. Officers also learned he did not have a valid driver’s license. After ordering him to exit the Navigator, officers searched the defendant and found a small plastic vial of marijuana in his pocket. Officers could also smell marijuana coming from inside the vehicle. During a search of the vehicle, a loaded semiautomatic handgun, with a defaced serial number, and a bag containing 41 vials of marijuana were recovered. Dunn admitted that he intended to distribute the marijuana.
The matter was brought by the United States Attorney’s Office as part of its Project Safe Neighborhoods (PSN) initiative. PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.The sentencing is the result of an investigation by the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division.
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Saturday 24 July 2021
Lincoln Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Jan Sharp announced that Jerah S. Stovall, 35, of Lincoln, Nebraska, was sentenced today by United States District Court Judge John M. Gerrard to 19 years and seven months in federal prison for conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine mixture and an unspecified amount of marijuana, after a conviction for a serious drug felony, between January of 2015 and May of 2020. Following her prison term, Stovall will serve five years on supervised release. There is no parole in the federal system.
Information provided to law enforcement indicated that Stovall was responsible for the distribution of at least five kilograms (11 pounds) of methamphetamine mixture and at least 20 kilograms (44 pounds) of marijuana in the Lincoln area. On April 9, 2020, a search warrant was executed at the Lincoln residence of Stovall and Jason Mullen. During that search, officers found approximately 2/3 ounce of methamphetamine and approximately six ounces of marijuana as well as a digital scale, packaging materials and a .380 caliber handgun with ammunition. Stovall’s purse had over $1,000 in cash in it. On May 1, 2020, officers were looking for Mullen on an outstanding warrant, and they saw Stovall with Mullen and a third person. Stovall’s driver’s license was suspended, so her car was seized and searched, resulting in the finding of more than ¼ ounce of marijuana in her make-up bag. Mullen was also found to be in possession of a small amount of marijuana and some cash.
Stovall had a 2013 conviction from Scotts Bluff County for Distribution of Methamphetamine.
Mullen also pled guilty to the conspiracy charge with a prior serious drug felony conviction and is scheduled for sentencing in August of 2021.
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force and the Drug Enforcement Administration (DEA).
Former North Texas Mayor and Land Developer Husband Convicted in Public Corruption TrialRead the Press Release
SHERMAN, Texas – The former mayor of Richardson, Texas, and a land developer she married during the case's investigation, have been convicted of federal bribery and tax fraud violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Laura Jordan, also known as Laura Maczka, 56, and Mark Jordan, 54, both of Plano, Texas were found guilty by a jury following a three-week trial before U.S. District Judge Amos Mazzant III. Both defendants were found guilty of bribery concerning a program receiving federal funds, conspiracy to commit bribery concerning a program receiving federal funds, tax fraud, and conspiracy to commit tax fraud.
“The cornerstone of a representative democracy is that citizens can rely on their elected officials to wield their official powers in a way that furthers the best interests of the community, rather than to benefit their friends and cronies,” said Acting U.S. Attorney Nicholas J. Ganjei. “Today’s verdict will go a long way towards bolstering public confidence in the integrity of our democratic institutions and promoting open and honest governance. I thank the jury for their service and commend the investigative and prosecutorial team for their tenacity and professionalism.”
“Ultimately, the trust of the citizens of Richardson was betrayed by Laura and Mark Jordan,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “Our elected officials are held to the highest standards, and Laura Jordan traded her responsibility to serve her constituents to enjoy a stream of financial benefits. The FBI and our partners will continue to ensure that those who violate their obligation to the public are held fully accountable.”
According to information presented in court, from May 2013 through April 2015, Maczka was the mayor of Richardson, Texas, and Jordan was a land developer. Maczka and Jordan conspired to devise and execute a scheme to commit bribery. Maczka, contrary to her campaign promises, supported and repeatedly voted for controversial zoning changes sought by Jordan, ultimately allowing for the construction of over 1,000 new apartments in Richardson near other Richardson neighborhoods. In exchange, Jordan paid Maczka over $18,000 in cash, an additional $40,000 by check, and paid for over $24,000 in renovations to Maczka’s home. Jordan also paid for luxury hotel stays and airfare upgrades for Maczka, and provided Maczka lucrative employment at one of Jordan’s companies. According to court testimony, Maczka and Jordan failed to disclose to the public that they had coordinated to affect the zoning changes Jordan wanted and that Jordan had provided a stream of benefits to Maczka.
Maczka and Jordan were indicted by a federal grand jury on May 10, 2018. Maczka and Jordan each face up to 10 years in federal prison. The maximum statutory sentences prescribed by Congress are provided here for information purposes, as the sentencings will be determined by the court based on the advisory sentencing guidelines and other statutory factors. Sentencing hearings will be scheduled after the completion of presentence investigations by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Heather Rattan, Sean Taylor, Brent Andrus, and other attorneys from the Plano branch office.
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Former Lincoln Correctional Officer Convicted for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Jan Sharp announced that Trevor Hansen, 30, of Lincoln, Nebraska, was sentenced today in Lincoln by United States District Judge John M. Gerrard for distribution of child pornography. Hansen was sentenced to 5 years and 3 months in prison and 6 years of supervised release with special conditions. There is no parole in the federal system. Hansen was additionally ordered to pay $9,000 in restitution.
This case began when Homeland Security Investigations (“HSI”) in Nebraska received a cyber tip indicating that Kik user “MOOSE2356” (later identified as Hansen) uploaded a child pornography file on June 11, 2019. On July 1, 2020, HSI received a second cyber tip indicating that Snapchat user “MOOSE3257” (also later identified as Hansen) had uploaded child pornography. On August 17, 2020, HSI executed a search warrant at Hansen’s residence. During the execution of the search warrant, HSI seized Hansen’s smart phone and smart watch. Hansen also agreed to be interviewed. He admitted to viewing child pornography and that child pornography would be found on his cell phone. A review of Hansen’s cell phone revealed approximately 307 image files of child pornography. The examination of his cell phone also revealed text messages in which Hansen exchanged child pornography files with other people in quid pro quo type exchanges.
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 United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to 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.
This case was investigated by Homeland Security Investigations.
Friday 23 July 2021
“Very Dangerous Person” from Waterloo Sentenced to Eight Years in Federal PrisonRead the Press Release
A man with multiple prior convictions involving violence was sentenced today to eight years in federal prison.
Trenton Sliekers, age 28, from Waterloo, Iowa, received the prison term after a guilty plea to possessing a firearm as a felon. Statements at sentencing indicated that Sliekers used the firearm to shoot six times from a motorcycle at a residence that was then occupied by multiple people, including children. Documents at sentencing noted that one of the bullets lodged in a couch cushion.
At sentencing, the judge noted that Sliekers was a “violent man” and “very dangerous person” who had at least three prior crimes involving violence and who kept on “committing crime after crime after crime.” The judge further found that Sliekers posed a “danger” and was “likely to reoffend.”
Sliekers was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Sliekers was sentenced to 96 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Sliekers is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Jake Schunk and investigated by the Waterloo Police Department and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-2062-CJW-MAR.
Follow us on Twitter @USAO_NDIA.
West Sacramento Couple Indicted for Mail Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — A 12-count indictment was unsealed today charging West Sacramento residents Kimberly Acevedo, 50, and Philip Rich, 49, with mail fraud, aggravated identity theft, possession of stolen mail, and unlawful possession of 15 or more unauthorized access devices, Acting U.S. Attorney Phillip A. Talbert announced.
According to the indictment, between March 2019 and March 2021, Acevedo and Rich perpetrated a mail fraud scheme that involved theft of U.S. mail, identity theft, and unlawful possession of dozens of stolen bank cards. Generally, Acevedo and Rich obtained the personally identifiable information (PII) of victims and used that information to apply for new credit cards, debit cards, checkbooks, and other financial instruments to be sent to the victims’ real home addresses. The defendants then submitted change-of-address requests to USPS at www.usps.com using the victims’ PII. These change-of-address requests rerouted the victims’ mail to defendants’ shared home address, where they would open the mail and use its contents to make fraudulent purchases and cash fraudulent checks.
This case is the product of an investigation by the U.S. Postal Inspection Service and the Yolo County Sheriff’s Office. Assistant U.S. Attorney Denise N. Yasinow and Special Assistant U.S. Attorney Robert J. Artuz are prosecuting the case.
If convicted, Acevedo and Rich both face a maximum statutory penalty of 20 years in prison for mail fraud, five years in prison for possessing stolen mail, and 10 years in prison for possessing more than 15 unauthorized access devices. The defendants also face a mandatory additional sentence of two years in prison if convicted of aggravated identity theft and a maximum fine of $250,000 on each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Virginia-Based Crip Gang Member Sentenced to 15-Years in Prison for Participating in Armed Home Invasion Robbery Conspiracy in Sonoma CountyRead the Press Release
SAN FRANCISCO – Aaron McArthur, aka Gangster Boogie, aka “G Boogie,” aka “Boogie,” aka “Suave,” was sentenced today to 15 years in prison and ordered to pay over $20,000 in restitution for his role in a conspiracy to commit armed home invasion robberies in Sonoma County, announced Acting United States Attorney Stephanie M. Hinds and FBI Special Agent in Charge Craig D. Fair. The sentence was handed down by the Honorable Edward M. Chen, U.S. District Judge.
McArthur, 31, of Virginia, pleaded guilty to the charge on April 21, 2021. According to his plea agreement, McArthur admitted that beginning in January 2018, he agreed with others to commit home invasion robberies in Northern California. The object of the robberies was to steal marijuana and the cash proceeds of marijuana sales. McArthur acknowledged that he recruited two groups of co-conspirators to travel from his home state of Virginia to meet with additional co-conspirators in Northern California where home invasion robberies would be committed. According to the plea agreement, McArthur explained to recruits how he previously had obtained marijuana and firearms from participating in Northern California home invasion robberies including how he coordinated the robberies with a contact in California, how the robberies were conducted, and how the marijuana and guns were shipped back to him in Virginia. McArthur admitted he knew it was reasonably foreseeable his co-conspirators would possess and use firearms to carry out the crimes.
The plea agreement describes how the two sets of McArthur’s recruits each participated in two home invasion robberies. The first pair of robberies occurred on February 8, 2018. After recruiting four individuals and helping to organize their travel from Virginia to Northern California, McArthur’s recruits were joined in California by a California-based co-conspirator. At approximately 4:22 a.m., the co-conspirators, wearing masks and carrying guns, kicked in the door of a residence in Santa Rosa and demanded money and marijuana from the residents. A co-conspirator struck one of the residents with a pistol, shot another resident in the arm, and stole several pounds of marijuana. Later the same morning, the robbers invaded a second home, shot and killed one of the residents in the house, and stole several firearms. Four of the co-conspirators were captured by law enforcement the same day and the fifth was captured about four months later.
The second pair of robberies occurred March 12, 2018. McArthur admitted that he again recruited four co-conspirators and arranged for their transportation to Northern California. McArthur assigned one individual to take the lead and maintained constant communication with the co-conspirators leading to the home invasion robberies. The first robbery occurred at 3:00 AM; the co-conspirators entered a residence in Petaluma, struck and tied up an occupant, and searched for marijuana and cash. After leaving the home, the co-conspirators entered a second home, tied up the occupant, and again demanded marijuana and cash. During the robbery, the co-conspirators encountered a neighbor who was brought inside the residence, tied up, and struck several times.
A federal grand jury indicted McArthur on June 13, 2019, charging him with one count of conspiracy to commit robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a); one count of conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. § 846; and four substantive counts of robbery and attempted robbery affecting interstate commerce, in violation of 18 U.S.C. § 1951(a). McArthur pleaded guilty to the conspiracy count and the remaining counts were dismissed.
In addition to the prison term, Judge Chen also sentenced the defendant to a three-year period of supervised release and ordered that the defendant pay restitution of $20,275.73 to the victims of his crimes. The defendant was arrested in Virginia on August 16, 2019, and has been in continuous federal custody since his arrest; he will begin to serve his prison term immediately.
Assistant U.S. Attorney Christiaan H. Highsmith is prosecuting the case with the assistance of Alice Pai. The prosecution is the result of an investigation by the FBI, the Drug Enforcement Administration, and the Sonoma County Sheriff’s Office.
This investigation and prosecution is part of OCDETF, which 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.
Virginia man admits to drug chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Terry William Jimenez Morales, of Strasburg, Virginia, has admitted to a drug charge, Acting U.S. Attorney Randolph J. Bernard announced.
Morales, 26, pleaded guilty today to one count of “Aiding and Abetting Possession with Intent to Distribute Cocaine Hydrochloride.” Morales admitted to having more than 85 grams of cocaine hydrochloride in March 2019 in Jefferson County.
Morales faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, and the Ranson Police Department investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Vice President of Modesto Hells Angels Motorcycle Club Pleads Guilty to Drug Trafficking ChargesRead the Press Release
FRESNO, Calif. — Michael Shafer, 33, of Modesto, pleaded guilty today to conspiracy to distribute and possess with intent to distribute heroin and conspiracy to distribute and possess with intent to distribute marijuana, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Shafer was the Vice President of the Hells Angels Motorcycle Club in Modesto in 2019. As part of a years-long investigation into the Hells Angels Motorcycle Club, investigators obtained a court-authorized wiretap for Shafer’s phone. The wiretapped calls and messages showed that Shafer was conspiring to distribute marijuana and heroin. Specifically, in April 2019, Shafer conspired with a former Hells Angels member who was incarcerated in Pleasant Valley State Prison to smuggle heroin into prison.
This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service-Criminal Investigation, the Modesto Police Department, the Turlock Police Department, the Stanislaus County District Attorney’s Office, the California Department of Corrections and Rehabilitation, and the California Highway Patrol. Assistant U.S. Attorneys Ross Pearson and Laurel Montoya are prosecuting the case.
Shafer is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 22. Shafer faces a maximum statutory penalty of 40 years in prison, a mandatory minimum sentence of five years in prison, and a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney's Office District of Arizona June 2021 Immigration and Border Crimes ReportRead the Press Release
I. Illegal Reentry After Deportation (8 U.S.C. 1326)
241 individuals were charged in June with illegal reentry
A. 178 of those 241 individuals had previously been convicted of non-immigration criminal offenses in the U.S.
Of the 178 individuals with non-immigration criminal records:
1. 40 had violent crime convictions, including:
6 individuals had homicide convictions
8 individuals had sex offense convictions
6 individuals had domestic violence convictions2. 10 had property crime convictions
3. 36 had DUI convictions
4. 90 had drug crime convictions
B. 108 of those 241 individuals had been deported three or more times
II. Alien Smuggling (8 U.S.C. 1324)
74 individuals were charged in June with alien smuggling
III. Illegal Entry (Criminal Consequence Initiative) (8 U.S.C. 1325)
0 individuals were charged in June 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.
*The Department of Homeland Security instituted a policy in March 2020 of expeditiously returning aliens who illegally enter the United States rather than detaining them. The decreased number of individuals presented to this Office for prosecution coincides with the implementation of that policy and other COVID-19 related border restrictions.
RELEASE NUMBER: 2021-045_June 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.UNO Graduate Student Sentenced for Child EnticementRead the Press Release
Acting United States Attorney Jan W. Sharp announced that Zhijun Xia, age 30, of China, was sentenced today to 210 months’ imprisonment by United States District Court Judge John M. Gerrard for Coercion and Enticement of a Minor. There is no parole in the federal system. After his release, Xia will be on supervised release for 5 years and be required to register as a sex offender. Additionally, Xia was ordered to pay $3,000 in restitution. Xia will be deported back to China after serving his sentence.
Judge Gerrard noted in pronouncing this sentence and recognizing the trauma the victim suffered that “It’s the Court’s hope the victim knows these incidents should not shape her life.”
Between June 1, 2018 to February 28, 2020, Xia was a graduate student at the University of Nebraska Omaha. Xia is a Chinese national. Xia met the victim’s mother who hired Xia to tutor the victim in the Chinese language. Xia began tutoring the victim in June of 2018. Xia met the victim in person for the tutoring sessions and began communicating with the victim over the social media application WeChat. Xia began inquiring over WeChat about the victim’s sexual history.
On July 10, 2018, the victim attended a summer camp at the University of Nebraska in Lincoln, Nebraska. Xia messaged the victim over the Internet using WeChat about his plan to visit her in Lincoln on July 11. During this conversation, Xia discussed various forms of birth control with the victim in response to the victim relaying her fears of becoming pregnant while in high school. Xia reserved a room at the Red Roof Inn and Suites in Lincoln for the night of July 11. Xia picked up the victim from the University of Nebraska campus and took the victim to the Red Roof Inn, where he subjected the victim to sexual penetration. Xia was 27 years of age and the victim was 15 years of age. It is a crime under Nebraska State law for someone over the age of 25 to subject someone between the ages of 12 and 16 to sexual penetration. Immediately following this incident, Xia continued to message the victim on WeChat regarding the July 11 incident.
Xia has also pled guilty to one count of First Degree Sexual Assault in the District Court of Douglas County, Nebraska for events occurring with the same victim in Omaha. He is scheduled to be sentenced on that case on August 25, 2021.
FBI Omaha Special Agent in Charge Eugene Kowel said, “The family of Zhijun Xia’s victim trusted him as an academic and tutor. He used that trust to prey on a teenage girl. His sentence today serves as an example of FBI Omaha’s unwavering commitment to work with our law enforcement partners to investigate and prosecute anyone who victimizes children.”
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 United States Attorney’s 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.
This case was investigated by the Federal Bureau of Investigation, Omaha Police Department, the University of Nebraska-Omaha Police Department, and the Lincoln Police Department.
U.S. Attorney Announces Results of First 2 Weeks of Federal Violence Prevention and Elimination Response (VIPER) Task ForceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today the results of the first two weeks of the Federal Violence Prevention and Elimination Response (VIPER) Task Force, a 60-day surge aimed at removing violent gun offenders from the streets of Rochester and Buffalo to enhance public safety and reduce violent crime. For the period between July 7 and July 22, 2021, the following combined results were achieved in Rochester and Buffalo through VIPER:
• Total Arrests – 138
o Firearm Related Arrests - 45
o Narcotics Related Arrests - 45
o Violent Felony Arrests - 38
• Total Illegal Firearms Seized - 22
• Defendants Adopted for Federal Prosecution - 15 (with 21 additional defendants currently under review for federal prosecution).“All residents in both Rochester and Buffalo deserve, and are entitled, to feel safe in their own homes,” stated U.S. Attorney Kennedy. “Our efforts are designed to remove the worst of the worst from the streets of our communities, and the guns from their hands, so that residents can do just that. The tremendous coordination between federal, state, and local law enforcement combined with the outstanding cooperation we have received from the community have combined thus far to produce some pretty remarkable results.”
Representative Investigations and Federal Prosecutions in both Rochester and Buffalo:
Among the cases charged federal in Rochester, NY, was Raquon Lewis, 24, of Rochester, NY, who was charged by criminal complaint with two separate incidents of being a felon-in-possession of a firearm. According to the criminal complaint, on June 24, 2021, at approximately 2:00 p.m., Rochester Police Officers responded to a call for multiple “shots fired” in the area of the North Union Street/Lays Alley/Weld Street. Prior to the call, numerous civilians were congregating in the area for the funeral procession/celebration of life for 26-year-old Lavar Beard, who was murdered there two days earlier. Given heightened tensions surrounding the murder, several Rochester Police officers were already assigned to the area to monitor the gathering and personally heard multiple gunshots being fired. The eruption in gunfire resulted in at least one person being struck with non-life threatening injuries. At least two firearms were recovered at the scene, as well as numerous casings.
Immediately prior to these gunshots, defendant Lewis was observed, via city blue light cameras, standing with others in front of “Awsan Grocery,” located at the intersection of North Union and Weld Streets, facing east. Another male walked up behind Lewis and pointed a gun point-blank at Lewis’ head. As a result, everyone in the area, including Lewis, fled the area in all directions. Lewis was observed running behind the store and west bound on Weld Street to his vehicle. As Lewis was running, he collided with several other individuals who were involved in the melee, causing him to fall to the ground near the rear of his car. As he fell, Lewis dropped a 9mm semiautomatic pistol loaded with 18 rounds of ammunition.
On July 16, 2021, a search warrant was executed at Lewis’ residence on Travers Circle in Rochester. During the search, investigators found a loaded 9mm pistol in a couch where Lewis had been sitting. Investigators also recovered approximately $2,395 in cash on Lewis’ person. In addition, quantities of crack cocaine, cocaine, and three electronic scales were also recovered. In 2013, Lewis was convicted of Attempted Criminal Possession of a Weapon in New York State Court and is legally prohibited from possessing a firearm.
In Buffalo, Michael Johnson, 43, of Buffalo, NY, was charged by criminal complaint with possession with intent to distribute fentanyl, possession of a firearm in furtherance of drug trafficking crimes and being a felon in possession of a firearm. According to the criminal complaint, On July 21, 2021, investigators from the Erie County Sheriff’s Office and Buffalo Police Intelligence Unit set up surveillance in the vicinity of the defendant’s Rogers Avenue residence and observed Johnson carrying a blue shopping bag out of the residence and entering the front passenger seat of a vehicle bearing Ohio plates. Law enforcement executed a traffic stop and Johnson initially provided a false name. Johnson was ordered out of the vehicle but refused and struggled with law enforcement. While law enforcement attempted to remove the defendant, officers observed the blue shopping bag inside the vehicle. During a search of the vehicle, investigators recovered a loaded 9mm handgun from inside the blue shopping bag, approximately 28 grams of suspected fentanyl, ammunition, unidentified pills, and a digital scale. Investigators then executed a search warrant at Johnson’s Rogers Avenue residence and recovered a revolver, ammunition, and a digital scale. In March 2008, Johnson was convicted in Albany County Court of Attempted Criminal Sale of a Controlled Substance in the 3rd Degree, and as a result is legally prohibited from possessing a firearm.
The VIPER Task Force involves enhanced information sharing, enhanced proactive investigations and prosecutions, and the improvement relations between the community and law enforcement.
Members of the VIPER Task Force include the United States Attorney’s Office, under the direction U.S. Attorney James P. Kennedy, Jr.; the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the United States Marshals Service, under the direction of Marshal Charles Salina; Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan, New York Field Division. VIPER Task Force members in Rochester also include: the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; and the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan. VIPER Task Force members in Buffalo also include: the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard; and the Buffalo Police Department, under the direction of Chief Byron Lockwood.
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Twenty-Seven Defendants Charged in Joint Federal and State Investigation of Drug Trafficking OrganizationRead the Press Release
DES MOINES, IOWA -- Twenty-seven defendants are facing federal criminal charges as part of a joint federal and state investigation of a heroin and fentanyl drug trafficking organization. Most of these defendants were arrested on July 21, 2021; three individuals have yet to be arrested.
These defendants are charged with federal drug offenses in two criminal indictments:
- Malek Shawn Holmes, age 21, of Des Moines
- Pierre Fontain Black, age 30, of Des Moines
- Deshawn Levell Greer, age 29, of Des Moines
- Desmond Lamar Howard, age 30, of Des Moines
- Carl Murphy, age 52, of Chicago, Illinois
- Earl Otis Clay, III, age 29, of Des Moines
- Gregory Izell Spight, age 42, of Des Moines
- Michael Byrd, age 28, of Chicago, Illinois
- Azim Abdul-Ahad, age 22, of Des Moines
- Ronald Harris, age 35, of Des Moines
- Derrick Fleming, age 27, of Chicago, Illinois
- Patrick Staples, age 28, of Chicago, Illinois
- Brandon Reed, age 28, of Chicago, Illinois
- Tabaris Brown, age 22, of Des Moines
- Dandre Cox, age 21, of Des Moines
- Daeante Dewayne Neely, age 28, of Des Moines
- Elijah Seymour, age 33, of Des Moines
- Felicia Olson, age 29, of Des Moines
- Sarah Hume, age 39, of Des Moines
- Andrew Price, age 29, of Des Moines
- Jason Beaman, age 46, of Knoxville
- Jamisha Canada, age 44, of Des Moines
- Tonie Canada, age 39, of Des Moines
- Rickey’a Dee Jackson, age 22, of Des Moines
- Devante Jave Taylor, age 26, of Des Moines
- Tyler Robert Wood, age 30, of Des Moines
- Zakar Jeffrey, age 28, of Des Moines
All defendants arrested on July 21 have or will soon appear in federal court on the charges.
The charges stem from a months’ long investigation into heroin and fentanyl distribution within the Des Moines area. The charges carry maximum penalties of up to life imprisonment, with a ten- year mandatory minimum prison term as to Malek Holmes, and five-year mandatory minimum prison terms as to Pierre Black, Deshawn Greer, Carl Murphy, Earl Clay, III, Gregory Spight, Michael Byrd, Azim Abdul-Ahad, Ronald Harris, Derrick Fleming, Patrick Staples, Brandon Reed, Tabaris Brown, Daeante Neely, Felicia Olson, Andrew Price, Jason Beaman, Jamisha Canada, and Tonie Canada. The public is reminded that charges contain only accusations and are not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. If convicted, the Court must impose reasonable sentences under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The charges were announced by Richard D. Westphal, Acting United States Attorney for the Southern District of Iowa. Investigating and assisting agencies include: the Mid-Iowa Narcotics Enforcement Task Force; Central Iowa Gang Task Force; Des Moines Police Department; Iowa Division of Narcotics Enforcement; Polk County Sheriff’s Office; Bureau of Alcohol, Tobacco, Firearms, and Explosives; Iowa State Patrol; Iowa Division of Intelligence and Fusion Center; Iowa State Patrol SWAT; United States Marshals Service; Central Iowa Drug Task Force; Drug Enforcement Agency; Mid-Iowa Narcotics Enforcement Task Force East; Homeland Security Investigations; Altoona Police Department; Story County Sheriff’s Office; Ames Police Department; Norwalk Police Department; West Des Moines Police Department; Ankeny Police Department; METRO Star; SERT; Iowa 5th Judicial District; Federal Bureau of Investigation Chicago; Federal Bureau of Investigation Kansas City; Federal Bureau of Investigation Minneapolis; Federal Bureau of Investigation Omaha; and the Organized Crime Drug Enforcement Task Forces (OCDETF).
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.
Tulsa Man Charged for Enticing a Minor and Child PornographyRead the Press Release
A 28-year-old Tulsa man was charged in federal court today after he allegedly enticed a 16-year-old and received sexually explicit pictures and videos of the girl, announced Acting U.S. Attorney Clint Johnson.
Alexander Nicholaus Sweet, of Tulsa, made an initial appearance today in federal court after being charged by Criminal Complaint with coercion and enticement of a minor, production of child pornography, receipt of child pornography and possession of child pornography. Sweet will next appear in court for a detention hearing on July 30.
The FBI Oklahoma City Field Office requests any other possible victims to contact the agency at 405-290-7770.
According to the affidavit filed with the Complaint, in December 2020, the FBI received information that Sweet was in an intimate relationship with a 16-year-old girl and was in possession of sexually explicit images of the victim that is considered child pornography. The information was allegedly corroborated during a resulting investigation.
The defendant also allegedly bragged about dating underage girls on multiple social media platforms.
The FBI and Tulsa Police Department are the investigative agencies. Assistant U.S. Attorneys Edward Snow and Christopher Nassar are prosecuting the case.
This matter will proceed in U.S. District Court in Tulsa, where the Complaint is currently pending. A Complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal Grand Jury within 30 days. Once a Grand Jury returns an Indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt. All defendants are presumed innocent until proven guilty in a court of law.
Trenton Woman Admits Distributing Fentanyl that Caused Death of Monmouth County WomanRead the Press Release
NEWARK, N.J. – A Trenton, New Jersey woman today admitted distributing fentanyl that caused the death of a Monmouth county woman, Acting U.S. Attorney Rachael A. Honig announced.
Tarashanna Blake, 33, pleaded guilty before U.S. District Judge Kevin McNulty to an information charging her with one count of distribution and possession with intent to distribute fentanyl relating to the overdose death of a Monmouth County woman.
According to the documents filed in this case and statements made in court:
On May 15, 2018, a 39-year old woman from Englishtown, referred to in court as Victim-1, texted Blake seeking to buy heroin. Blake and Victim-1 discussed the “stamp” or “brand” of heroin Blake was selling and the purchase price. They agreed to meet at a location around Englishtown to complete the sale. Blake obtained the “CAMEL”-stamped heroin and traveled to the agreed upon location and sold to Victim-1 a controlled substance packaged like heroin, which was later determined to be fentanyl. That afternoon, Englishtown police responded to a location in Englishtown on a report of an overdose death of a female. Upon their arrival, Englishtown police discovered Victim-1, and in Victim-1’s possession were several wax folds of suspected heroin stamped “CAMEL” and empty wax folds stamped “CAMEL.” Laboratory analysis of these wax folds bearing the “CAMEL” stamp determined the substance to be fentanyl, a much more potent narcotic than heroin. An autopsy of Victim-1 found her cause of death to be acute fentanyl toxicity.
For distributing and possessing fentanyl, Blake faces a maximum penalty of 20 years in prison and a $1 million fine, and, because the offense resulted in death, she is subject to significant sentencing enhancements. Sentencing is scheduled for Dec. 3, 2021.
Acting U.S. Attorney Rachael A. Honig credited special agents of the U.S. Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson; detectives from the Monmouth County Prosecutor’s Office, under the direction of Acting Prosecutor Lori Linskey; the Englishtown Police Department, under the direction of Peter S. Cooke Jr.; and Trenton Police Department’s Narcotics Task Force, under the direction of Acting Police Director Steve Wilson, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Ryan L. O’Neill, of the Office’s Health Care Fraud Unit.
Three Sentenced in Bank Fraud of Government Housing Assistance ProgramRead the Press Release
Greenville, South Carolina --- Acting United States Attorney M. Rhett DeHart announced today that three South Carolinians have been sentenced by a federal judge after pleading guilty to bank fraud charges in schemes that defrauded the federal government’s Troubled Asset Relief Program (TARP).
Marvette Thompson Easterling, 54, of Gaffney; Keylon Wright, 40, of Simpsonville; and Joshua David Armato, 37, of Georgia; admitted that they knowingly defrauded a program established to help homeowners at risk of mortgage loan default and foreclosure of thousands of dollars.
U.S. District Judge Bruce Howe Hendricks ordered each defendant to a sentence of time served followed by five years of supervised release and the repayment of the stolen funds for the felony charges.
“Stealing from the federal government, particularly from programs that help the least fortunate in America, will not be tolerated,” said Acting U.S. Attorney DeHart. “Our office appreciates the investigative work of the Special Inspector General for TARP (SIGTARP) and will continue to work with SIGTARP to protect American tax dollars.”
“With today’s sentencing, SIGTARP and the United States Attorney’s Office have brought justice for defendants who defraud and steal from the Hardest Hit Fund, a federal program that helps unemployed homeowners stay in their home,” said Special Inspector General Christy Goldsmith Romero. “Easterling, Wright, and Armato separately lied to get thousands of federal dollars for mortgage assistance, concealing that they did not live in the house and concealing rental income. Now they are convicted of fraud and must repay the stolen funds.”
Evidence presented in court showed that through false and fraudulent pretenses, representations, and promises, Easterling obtained funds from SC Housing, a federally funded mortgage payment assistance program that provided eligible homeowners with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes. Easterling concealed and failed to notify SC Housing of monthly rental income she received for the property as well as the non-owner-occupied status of the property in order to receive and use federal funds to which she was not eligible.
Additional evidence presented in court further showed that Wright executed a similar scheme for a property in Mauldin, while Armato executed a similar scheme for a property in Simpsonville. Wright and Armato concealed and failed to notify SC Housing of the non-owner occupied statuses of their properties and the rental of the properties to unrelated third parties in order to receive and use federal funds to which they were not eligible.
The cases were investigated by Special Inspector General for TARP (SIGTARP), an independent law enforcement agency used to investigate fraud, waste, and abuse related to the TARP bailout.
Assistant United States Attorney Winston Marosek prosecuted the cases.
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Three Orlando Men Sentenced for Robbery of Cellphone StoreRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Tauri Benjamin Rivas Nunez (23, Orlando) to 11 years and 3 months in federal prison for aiding and abetting the robbery of a cellphone store and aiding and abetting the brandishing of a firearm during the robbery. Rivas Nunez had been found guilty by a federal jury on May 12, 2021. His co-defendants, Victor Hugo Castillo Vallejo (29, Orlando) and Luis Miguel Valdez Mendez (28, Orlando), previously pleaded guilty and were sentenced to federal prison sentences on July 14, 2021. Castillo Vallejo was sentenced to 7 years and 6 months in federal prison for aiding and abetting the robbery and aiding and abetting the brandishing of a firearm. Valdez Mendez was sentenced to 5 years in federal prison for aiding and abetting the robbery.
According to evidence presented at trial, on August 10, 2019, Rivas Nunez, Valdez Mendez, and a co-defendant entered a T-Mobile store located at 5420 Deep Lake Road in Oviedo. Rivas Nunez placed an employee in a chokehold, while a co-defendant took another employee into a back room at gunpoint and ordered the employee to empty a safe containing cellphones and merchandise. Valdez Mendez maintained control of a customer who was present inside the store during the robbery. Rivas Nunez removed money from the cash register and the three individuals ran from the store with the stolen items. Castillo Vallejo waited outside the store during the robbery and acted as a getaway driver. Rivas Nunez, Castillo Vallejo, and Valdez Mendez were located immediately after the robbery at a home in Orlando. The stolen merchandise was recovered from the residence, along with the firearm used during the robbery.
This case was investigated by the Federal Bureau of Investigation, the Seminole County Sheriff’s Office, and the Orange County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Daniel P. Jancha and Chauncey A. Bratt.
Texas Resident Sentenced to Probation for Marijuana in Carry-On Bag Upon His Arrival at Cyril E. King Airport on St. ThomasRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert announced today that Lequan Jaheem Pemberton, 26, a resident of Austin, TX, was sentenced to two years’ probation for possession with intent to distribute marijuana.
According to court documents, on December 21, 2020 Customs and Border Protection (CBP) Officers were conducting baggage exams on an American Airlines flight arriving from Miami, FL and passenger Lequan Jaheem Pemberton was selected for a secondary bag examination. During a preliminary bag exam of Pemberton’s carry-on luggage, the inspection revealed several plastic wrapped bundles. After CBP Officers discovered the bundles, Pemberton was referred to the secondary CBP inspection area. Further inspection of the bundles revealed that Pemberton’s carry-on bag contained a green leafy substance that tested positive for marijuana. The marijuana weighed approximately 4.01 kilograms. Lequan Jaheem Pemberton was read his Miranda Rights and waived his rights. During questioning by HSI, Pemberton stated that the marijuana belonged to him, and he claimed that he intended to smoke it.
This case was investigated by the Department of Homeland Security and prosecuted by Assistant United States Attorney Juan Albino.