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23 August 2021
Fort Dodge Man Sentenced to 21 Years in Federal PrisonRead the Press Release
A Fort Dodge man was sentenced August 19, 2021, to more than 21 years in federal prison. Terrance Foy, age 34, from Fort Dodge received the prison term after a March 19, 2021, guilty plea to conspiracy to distribute methamphetamine and possession of a firearm during and in furtherance of a drug trafficking crime.
In a plea agreement, Foy admitted to conspiring to distribute methamphetamine between 2017 and 2019. Foy also admitted that on January 5, 2019, he placed a Ruger LC9 firearm on or near an acquaintance’s dresser along with 26.73 grams of actual pure methamphetamine. Foy has an extensive criminal history, including: four convictions for domestic abuse; four convictions for criminal mischief; two convictions for assault causing bodily injury; two theft convictions; and convictions for possession with intent to deliver controlled substances, possession of methamphetamine, assault with a dangerous weapon, assault, violation of a no contact order, attempted burglary, interference with official acts, and interference with official acts causing bodily injury.
Foy was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Foy was sentenced to 262 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Foy is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorneys Mikala Purdy-Steenholdt, Shawn Wehde, and Ron Timmons. The case was investigated by the Fort Dodge Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3032.
Follow us on Twitter @USAO_NDIA.
Fort Dodge Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
A man who illegally possessed a firearm pled guilty August 19, 2021, in federal court in Sioux City.
William Howard Rockey Halstead, 34, from Fort Dodge, Iowa, was convicted of prohibited person in possession of a firearm.
At the plea hearing, Halstead admitted that he had been previously convicted of possession of a firearm by a felon, in the Iowa District Court for Webster County, on or about May 15, 2017. Reports show that, on September 2, 2020, Halstead was stopped by law enforcement for having an inoperable break light. During the stop, law enforcement observed multiple items resembling marijuana in plain view within the car. Halstead was asked to step out of the car at which time he locked his glovebox and exited the car. A subsequent search of Halstead uncovered a digital scale in his pocket. A search of the car revealed numerous pieces of marijuana on the seat, floorboard, and center console of the vehicle. Law enforcement then asked Halstead for the keys to unlock the glovebox. Halstead at first claimed the keys were in the car, but in fact Halstead had the keys in his hand. Law enforcement then opened the glovebox and found a loaded Hi-Point JCP 40 Smith and Wesson handgun. Upon arrest, Halstead admitted he also had a small bag of methamphetamine in his sock.
Sentencing before United States District Court Chief Judge Leonard T. Strand has been set for time, date, and place. Halstead remains in custody of the United States Marshal pending sentencing. Halstead faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and up to three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Mikala Purdy-Steenholdt and Patrick T. Greenwood and was investigated by the Fort Dodge Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-3040. Follow us on Twitter @USAO_NDIA.
Former correctional employee sentenced for sexual contact with inmateRead the Press Release
CLARKSBURG, WEST VIRGINIA – Heather D. Obrad, a former correctional employee at Federal Corrections Institution Hazelton, was sentenced today to three years of probation for having inappropriate contact with an inmate, Acting United States Attorney Randolph J. Bernard announced.
Obrad, of Granville, West Virginia, pleaded guilty in March 2021 to one count of “Abusive Sexual Contact.” Obrad, 27, a secretary at FCI Hazelton, admitted to having sexual contact with an inmate at the facility from August to October 2020.
Obrad was also ordered to pay a fine of $5,500.
Assistant U.S. Attorney Christopher L. Bauer prosecuted the case on behalf of the government. The Office of Inspector General investigated.
U.S. District Judge Thomas S. Kleeh presided.
Former Nurse Sentenced for Sending Biohazardous Material Through the MailRead the Press Release
KNOXVILLE, Tenn. – On August 23, 2021, Della Marie Gibson, 37, pleaded guilty before United States Magistrate Judge H. Bruce Guyton to two counts of sending biohazardous materials through the United States mail. After receiving her guilty pleas, the Court imposed a two-year sentence of probation.
According to documents filed with the Court, on or about April 5, 2021, Gibson mailed and had delivered, using the United States Postal Service (USPS), a package containing feces to her husband’s ex-wife. On or about April 9, 2021, Gibson obtained human blood from a patient during her regular duties as a registered nurse and placed the patient’s blood on a feminine napkin, which Gibson then mailed to the same victim using the USPS.
While on probation, Gibson will be supervised by the United States Probation Office and must undergo mental health treatment, anger management treatment, and have no contact with the victim or her minor children. In addition, Gibson is prohibited from obtaining or seeking a position in the healthcare field involving direct contact with patients.
“The U.S. Attorney’s Office is committed to prosecuting those who use the United States Postal Service to threaten or intimidate individuals or to jeopardize the safety of federal employees,” said Acting United States Attorney Francis M. Hamilton III.
“The egregious acts done by this defendant in mailing the biohazardous materials could have caused potential harm to the intended recipient, our postal employees and facilities,” said Tommy D. Coke, Inspector in Charge of the Atlanta Division. “Postal Inspectors are committed to defending the nation’s mail system and providing a safe environment for Postal Service employees and customers. We are grateful for the assistance from our law enforcement partners and the swift action taken by the U.S. Attorney’s Office to obtain a conviction and sentencing for this investigation.”
The criminal indictment was the result of an investigation by the United States Postal Inspector and the Loudon County Sheriff’s Office.
Assistant United States Attorney Jennifer Kolman represented the United States.
Former FIFA Official Pleads Guilty to Racketeering ConspiracyRead the Press Release
Earlier today, in federal court in Brooklyn, Reynaldo Vasquez, the former president of the El Salvadorean soccer federation (the “Federation”), pleaded guilty to racketeering conspiracy in connection with his participation in schemes to accept hundreds of thousands of dollars in bribes and kickbacks. Part of the money Vasquez received was wired through a U.S. bank account. Vasquez also agreed to forfeit $360,000 and multiple bank accounts. When sentenced, Vasquez faces a maximum sentence of 20 years in prison. Today’s plea proceeding took place via videoconference before United States District Judge Pamela K. Chen.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Ryan L. Korner, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, Los Angeles (IRS-CI), announced the guilty plea.
“With today’s guilty plea, Vasquez admits to engaging in a decades-long racketeering conspiracy to accept hundreds of thousands of dollars in bribes and kickbacks that corrupted the game of soccer,” stated Acting United States Attorney Kasulis. “Together with our law enforcement partners, this Office is committed to rooting out fraud and corruption in international soccer and to protecting the integrity of the U.S. financial system.”
“From the beginning of this intense and sprawling investigation, our goal has been to root out corrupt officials who thought no one noticed their illegal activities,” stated FBI Assistant Director-in-Charge Driscoll. “Mr. Vasquez didn’t achieve his dream of wealth and power, and now he faces the possibility of many years in federal prison. Today's plea should demonstrate to others who attempt to corrupt international soccer - we play to win.”
“Today’s guilty plea is the culmination of years of investigative work by IRS-CI Agents and their law enforcement partners,” stated IRS-CI Special Agent-in-Charge Korner. “Over a period of many years, Reynaldo Vasquez corrupted the business of international soccer by requesting hundreds of thousands of dollars in bribes and kickbacks. IRS CI is committed to ending these practices and bringing corrupt officials to justice.”
According to court filings and facts presented during the plea proceeding, Vasquez and his co-conspirators participated in and corrupted an enterprise comprising soccer organizing bodies and sports marketing companies. As part of his association with that enterprise, Vasquez and others solicited and received bribes and kickbacks in exchange for awarding lucrative media and marketing contracts. In 2012, Vasquez, together with other current and former officials of the federation, received approximately $350,000 in bribes in connection with the sale of media and marketing rights to El Salvador World Cup qualifying matches to be played in advance of the 2018 World Cup. This bribe payment was wired from a sports marketing company’s bank account in the United States. Vasquez ultimately received a portion of his bribe money through a wire transfer sent through the United States. In 2014 and 2015, Vasquez and others agreed to receive tens of thousands of dollars in bribes in connection with the participation of the Salvadorean national team in friendly matches to be played in the United States. Vasquez was extradited from El Salvador to the United States on January 29, 2021.
The guilty plea announced today is part of a long-running investigation into corruption in international soccer led by the U.S. Attorney’s Office for the Eastern District of New York, the FBI New York Field Office, and the IRS-CI Los Angeles Field Office. To date, the prosecution has resulted in 27 individual guilty pleas, 4 corporate guilty pleas, and 2 convictions at trial, among other resolutions. The prosecutors in Brooklyn have received considerable assistance from attorneys in various parts of the Justice Department’s Criminal Division in Washington, D.C., including the Office of International Affairs, the Organized Crime and Gang Section, the Money Laundering and Asset Recovery Section, and the Fraud Section, as well as from INTERPOL Washington.Assistant U.S. Attorneys Samuel P. Nitze, Keith D. Edelman, Kaitlin T. Farrell, Patrick T. Hein, Victor Zapana and Brian D. Morris of the Eastern District of New York are in charge of the prosecution.
Defendant:
REYNALDO VASQUEZ
Age: 65
El SalvadorE.D.N.Y. Docket No. 15-CR-252 (S-3) (PKC)
Former CFO Sentenced to Prison for Embezzling More Than $900,000 from EmployerRead the Press Release
ST. PAUL, Minn. – An Apple Valley man was sentenced today to 27 months in prison followed by 3 years of supervised release for defrauding his employer out of more than $930,000.
According to court documents, in February 2014, Gregg William Johnson, 59, was hired as the Chief Financial Officer for a Minnesota-based manufacturing company. As part of his job duties, Johnson was responsible for overseeing and tracking all cash flow for the company and had signatory authority on the company’s bank accounts. Between 2014 and July 2020, Johnson stole approximately $930,000 in company funds by issuing checks from the company’s bank accounts to cover personal expenses such as credit card payments, mortgage payments, and college tuition for his children. To conceal his theft, Johnson added false entries into the company’s accounting software to make the cashflow appear balanced.
On March 4, 2021, Johnson pleaded guilty to one count of wire fraud.
Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after Senior U.S. District Judge Donovan W. Frank sentenced the defendant.
This case was the result of an investigation conducted by the FBI and the Apple Valley Police Department.
This case was prosecuted by Assistant U.S. Attorneys Allison K. Ethen and Kimberly A. Svendsen.
Florida Man Sentenced to 155 Days in Jail on Destruction of Property, Firearms ChargesRead the Press Release
WASHINGTON – Henry “Enrique” Tarrio, 37, of Miami, Fla., was sentenced today to a total of 155 days of incarceration on charges stemming from two cases, including one involving the burning of a Black Lives Matter banner stolen from a historically prominent Black church in downtown Washington, announced Acting U.S. Attorney Channing D. Phillips and Robert J. Contee III, Chief of the Metropolitan Police Department (MPD).
Tarrio pleaded guilty on July 19, 2021, in the Superior Court of the District of Columbia, to one count of destruction of property and one count of attempted possession of a large-capacity ammunition feeding device. The Honorable Harold L. Cushenberry, Jr. sentenced Tarrio to 90 days of jail on the destruction of property charge and 150 days in jail on the ammunition offense; the judge suspended all but 155 days of that time on the condition that Tarrio successfully complete three years of probation. Tarrio also must pay $1,000 in fines, as well as $347 in restitution to the church. Tarrio is to begin serving his sentence in two weeks.
According to a proffer of facts submitted at the plea hearing, on the evening of Dec. 12, 2020, a group of individuals affiliated with the “Proud Boys,” including Tarrio, were in the area of 11th and K Streets NW, near the location of Asbury United Methodist Church. Unidentified members of the group stole the banner from the church’s property. The banner had lettering that read “#BLACKLIVESMATTER.” The banner also contained the Church’s logo and website address.
The group then walked southbound on 11th Street NW and took the banner to the intersection of 11th and E Streets NW. At the intersection, the group burned the banner, using lighter fluid and lighters. Numerous unidentified individuals crouched down and applied lighters to the edges of the banner. Tarrio posted a picture to his “Parler” social media account depicting himself holding an unlit lighter, inches from the ignited lighters in two other individuals’ hands.
In the days that followed, Tarrio admitted to burning the banner on social media and in comments to numerous media outlets.
Tarrio returned to the District of Columbia from Florida on Jan. 4, 2021, and he was arrested on a warrant charging him with the Dec. 12, 2020, destruction of property offense. In a search of his book bag, conducted at the time of his arrest, police recovered two high-capacity firearm magazines. Each magazine bars the insignia of the “Proud Boys.” In an interview with police, Tarrio told detectives that he had intended to transfer the magazines to a customer who was also going to be present in the District of Columbia.
In announcing the sentence, Acting U.S. Attorney Philips and Chief Contee commended the work of those who investigated the case from the Metropolitan Police Department, as well as those who are prosecuting the matter from the U.S. Attorney’s Office.
Federal Inmate Pleads Guilty to Possessing WeaponRead the Press Release
BLUEFIELD, W.Va. – Rondale Faulkner, a federal inmate at the Federal Correctional Institution (FCI) at McDowell, pleaded guilty today to possessing a handcrafted weapon, commonly known as a “shank.”
According to court documents, FCI McDowell staff members found Faulkner in possession of a shank on September 26, 2020. The shank was a piece of metal approximately six inches long that was sharpened to a point on one end and had thread tied around clothe on the other end to form a handle. As part of his plea, Faulkner admitted that the shank was designed and intended to be used as a weapon.
Faulkner faces up to five years in prison when he is sentenced on November 29, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Federal Bureau of Prisons (BOP). Assistant United States Attorney Timothy D. Boggess is handling the prosecution.
Senior United States District Judge David A. Faber presided over the hearing.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 1:21-cr-00110.
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Federal Grand Jury B Indictments Announced- AugustRead the Press Release
Acting United States Attorney Clint Johnson today announced the results of the August 2021 Federal Grand Jury B. The grand jury met the week of Aug. 16.
The following individuals have been charged with violations of United States law in indictments returned by the Grand Jury. The return of an indictment is a method of informing a defendant of alleged violations of federal law, which must be proven in a court of law beyond a reasonable doubt to overcome a defendant’s presumption of innocence.
Jacquelyn Ellaine Blossom. Child Abuse in Indian Country. Blossom, 41, of Oaks, allegedly abused the minor victim by attempting to drown the child in a creek on April 10, 2021. The FBI is the investigative agency. 21-CR-352
Cody Buzzard. First Degree Murder in Indian Country; Assault with Intent to Commit Murder in Indian Country; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence. Buzzard, 27, of Jay, is charged with the first degree murder of Jerry Tapp. He and others allegedly aided and abetted one another when they shot and killed Mr. Tapp on Aug. 1, 2019. In count 2, Buzzard, along with others, allegedly shot a second victim during the same incident. Finally, the defendant is charged with brandishing and discharging a firearm during and relation to a crime of violence. The FBI; Bureau of Alcohol, Tobacco, Firearms and Explosives; Oklahoma State Bureau of Investigation, and Delaware County Sheriff’s Office are the investigative agencies. 21-CR-351
Pamela Kathryn Conley. Bank Fraud (Counts 1-24); Aggravated Identity Theft (Counts 25-28) (2nd superseding). Conley, 59, of Catoosa, is charged with defrauding ten Oklahoma banks when she falsified and submitted documents to apply to apply for approximately $1 million in loans. Of that, Conley was able to secure more than $800,000. From September 2016 to the date of the second superseding indictment, Conley allegedly executed a scheme to enrich herself by knowingly submitting loan applications containing false income and employment information at ten banks and credit unions. According to the indictment, Conley forged earning statements which she provided to the financial institutions as proof of income. Conley falsified the statements to reflect that she held positions such as manager and chief financial officer, earning a salary of more than $100,000 annually or approximately $10,000 or more a month.
The indictment alleges that on occasion, when loans were secured with collateral, Conley created fictitious lien releases for the collateral, using the notarized signature of unwitting financial institution employees. Conley then caused the bogus lien releases to be filed with the Oklahoma Tax Commission, which in turn provided Conley with titles to the collateral, free and clear of any liens. Conley would then approach new lenders to obtain loans secured by collateral she did not own free and clear. IRS-Criminal Investigation and the U.S. Secret Service are the investigative agencies. 21-CR-64
William Colby Cox; Laura Kay Sawyer. Felon in Possession of a Firearm and Ammunition (counts 1 and 2); Drug Conspiracy (count 3); Possession of Methamphetamine with Intent to Distribute (Count 4); Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Count 5); Maintaining a Drug-Involved Premises (Count 6). Cox, 37, and Sawyer, 33, both of Tulsa, are each charged with being felons in possession of a FEG 9mm pistol, a Rohm GMBH .25 caliber pistol; an Intratec 9mm pistol; a Rohm GMBH .22 caliber revolver; a Lorcin .380 caliber pistol; a Taurus Inc. .22 caliber pistol, and more than 85 rounds of ammunition. Cox and Sawyer are further charged with drug conspiracy and with knowingly possessing with intent to distribute 50 grams or more of methamphetamine. The two are also charged with possessing the firearms in furtherance of their drug trafficking crime. Finally, the duo is charged with maintaining a residence for the purpose of distributing methamphetamine. Cox and Sawyer are alleged to be involved with the Irish Mob. U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Tulsa County Sheriff’s Office, and the Oklahoma Bureau of Narcotics and Dangerous Drugs are the investigative agencies. 21-CR 356
Dreko Donaldson. Felon in Possession of a Firearm and Ammunition. Donaldson, 22, is charged with being a felon in possession of a Springfield Armory 9mm pistol and 50 rounds of ammunition. The Tulsa Police Department and Bureau of Alcohol, Tobacco, Firearms, and Explosives are the investigative agencies. 21-CR-357
Robert P. Garcia. Felon in Possession of a Firearm; Possession of Methamphetamine with Intent to Distribute; Possession of Cocaine with Intent to Distribute; Possession of a Firearm and Ammunition in Furtherance of a Drug Trafficking Crime; Maintaining a Drug-Involved Premises. Garcia, 39, of Tulsa, is charged with being a felon in possession of a Smith &Wesson 9 mm pistol. He is further charged with possessing with intent to distribute 500 grams or more of methamphetamine and 500 grams or more of cocaine. He is further charged with possessing a firearm in furtherance of his drug trafficking crimes and with maintaining a residence for the purpose of distributing methamphetamine and cocaine. The Drug Enforcement Administration, Broken Arrow Police Department is the investigative agency. 21-CR-358
Andre Kevin Harris. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country (Counts 1,3); Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence (Counts 2,4); Felon in Possession of a Firearm (Count 5). In count one, Harris, 49, of Claremore, allegedly assaulted the victim on June 26, 2021, by shooting at her multiple times, striking her in the leg. He is further charged in count two with brandishing and discharging a firearm during a crime of violence for the assault on the first victim. As law enforcement responded to the scene, Harris shot at a responding Rogers County Sheriff’s Office Deputy, as alleged in count 3. Harris is further charged in count 4 with brandishing and discharging his firearm during a crime of violence for the assault on the responding deputy. Finally, he is charged with being a felon in possession of a Ruger 9 mm pistol. The FBI and Rogers Country Sheriff’s Office, and the Bureau of Alcohol, Tobacco and Firearms are the investigative agencies. 21-CR-359
Britney Kay Hays. Financial Institution Fraud (1-4); Mail Fraud (Count 5); False Statements (Counts 6-10); Aggravated Identity Theft (Count 15). Hays, 28, of Tulsa, allegedly carried out a scheme to enrich herself. She fraudulently opened various accounts with another individual’s personal identifying information, such as date of birth, social security number and address, to conduct financial transactions on the internet or to make in-person purchases using debit or credit cards issued for the opened accounts. Hays further forged checks addressed to herself for deposit at various financial institutions or unlawfully paid to others on her behalf. Hays used the fraudulently opened accounts to conduct a series of purchases and transactions which caused an aggregate loss in the approximate total amount of at least $11,024.03. The U.S. Postal Inspection Service is the investigative agency. 21-CR-360
Clifton Jackson. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Witness Tampering; Assault by Striking, Beating, and Wounding (Misdemeanor). On July 28, 2021, Jackson, 48, of Tulsa, allegedly assaulted the victim by striking and beating her. He then allegedly struck the victim with gun then pointed it at her, warning the victim not to tell the police. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-372
Merle Jason Lancaster. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country; Kidnapping in Indian Country; Robbery in Indian Country. Lancaster, 42, allegedly struck the victim with a baseball bat and forced the victim to drive his vehicle to an ATM and withdraw money from his account. Lancaster took the money, forced the victim out of the car, then drove off with the victim’s Toyota Prius. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-373
Dwight Vernon Leleux. Carjacking; Carrying, Using, and Brandishing a Firearm During and in Relation to a Crime of Violence; Obstruction of Justice by Threatening Physical Force Against a Witness; Carrying, Using, Brandishing, and Discharging a Firearm During and in Relation to a Crime of Violence; Witness Tampering. Leleux, 20, of Tulsa, is alleged to have brandished a firearm and unlawfully attempted to take a Honda CR-V by force on March 5, 2021. Leleux and defendant Waylon Goss allegedly pulled the victim from his vehicle and began beating him, including striking him with a firearm. The victim was able to get back into the vehicle and drive away. Leleux allegedly discharged his firearm at the vehicle as the victim drove away. Leleux is further charged with tampering with a witness in the case. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-183
Cameron Kelly McAbee. Child Exploitation Enterprise; Sexual Exploitation of a Child by a Parent; Receipt and Distribution of Child Pornography; Possession of Child Pornography in Indian Country. From July 19, 2019, to July 26, 2021, McAbee, 31, of Broken Arrow, allegedly engaged in a child exploitation enterprise when he was involved in three or more incidents of child exploitation crimes that involved more than one victim. The defendant committed the crimes in concert with three or more others. As part of his enterprise, McAbee knowingly permitted a minor to engage in sexually explicit conduct for the purpose of producing child sexual abuse material, also known as child pornography. He is further alleged to have distributed and received child pornography via electronic means, as well as to have possessed, accessed and viewed the child pornography. The visual depictions involved at least one minor who was 12 years of age or younger. The FBI is the investigative agency. 21-CR-361
Vernon Jenedia Neel. Aggravated Sexual Abuse by Force and Threat in Indian Country; Assault with Intent to Commit Aggravated Sexual Abuse in Indian Country. Neel, 42, is alleged to have held a victim down, choked her, then struck her in the face as he attempted to sexually assault her on July 3, 2021. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-362
Michael Lamont Phillips. Possession of Cocaine Base with Intent to Distribute; Felon in Possession of a Firearm and Ammunition (superseding). Phillips, 40, of Muskogee, is charged with knowingly possessing with intent to distribute cocaine base. He is further charged with being a felon in possession of a Forjas Taurus 9mm Luger caliber semi-automatic pistol. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-363
Johnathan Ross Robins. Distribution and Receipt of Child Pornography; Possession of Child Pornography in Indian Country. From June 1, 2003, to March 8, 2021, Robins, 52, of Sand Springs, allegedly distributed and received child sexual abuse material, also known as child pornography. He further allegedly possessed, accessed and viewed the child sexual abuse material from June 1, 2003, to March 4, 2021. The material involved at least one minor who was younger than 12-years-old. 21-CR-364
Adam Ray Schach. Assault of an Intimate/Dating Partner by Strangling and Attempting to Strangle in Indian Country. Schach, 35, of Tulsa, is charged with assaulting an intimate partner by strangling and attempting to strangle the victim. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-365
Ricky Larson Shannon. Felon in Possession of a Firearm and Ammunition (Counts 1- 2). Shannon, 34, of Tulsa, is charged with being a felon in possession of a Glock 30 caliber pistol on June 11, 2021, and on Aug. 13, 2021. The Bureau of Alcohol, Tobacco, Firearms and Explosives and Tulsa Police Department are the investigative agencies. 21-CR-366
Adam Douglas Sherwood. Drug Conspiracy (Count 1); Possession of Methamphetamine with Intent to Distribute (Count 2); Unlawful Use of a Communication Facility (Counts 3-13); Possession of Firearms in Furtherance of Drug Trafficking Crimes (Count 14) (2nd superseding indictment). From January 2018 to January 2021, Sherwood, 43, of Wyandotte, co-conspirator 1, and others allegedly conspired to distribute and to possess with intent to distribute 500 grams or more of methamphetamine. On May 23, 2020, Sherwood and co-conspirator 1 aided and abetted each other to knowingly possess with intent to distribute methamphetamine. Sherwood further used a cell phone to send or receive at least 13 texts communicating about the distribution of the drug. Sherwood and co-conspirator 1 possessed a Lorcin Engineering Company .380 ACP caliber single action pistol and a Sturm, Ruger & Co. .22 MWR caliber double-action revolver. Additionally, Sherwood is alleged to have distributed methamphetamine to a number of drug dealers and drug users across Northeast Oklahoma for a period of over least two years dating back to early 2018. The Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration, and Tulsa Police Department are the investigative agencies. 20-CR-307.
Kenneth Dale Walker. Assault Resulting in Serious Bodily Injury in Indian Country. Walker, 54, of Collinsville, is charged with assaulting the victim by strangling her and punching her in the head, which caused a concussion, on July 14, 2021. The FBI and Collinsville Police Department are the investigative agencies. 21-CR-374
Elisha Ethan Watashe. Assault with a Dangerous Weapon with Intent to do Bodily Harm in Indian Country. Watashe, 44, of Tulsa, is charged with assaulting the victim by stabbing the victim with a knife. The FBI and Tulsa Police Department are the investigative agencies. 21-CR-375
Shawn Duschenne Wilde. Kidnapping in Indian Country; Assault with Intent to Commit Murder in Indian Country; Assault of an Intimate/Dating Partner by Strangling in Indian Country. Wilde, 38, of Sapulpa, is charged with kidnapping the victim by forcing her into a vehicle and driving her to another location on May 14, 2021. From May 14 through May 15, 2021, he also allegedly assaulted the victim by threatening to kill her then strangled her repeatedly until she lost consciousness. During the assault, he told the victim she was going to die. Finally, Wilde is charged with assaulting the victim, an intimate partner, by strangling her to the point she passed out. The FBI and Muscogee (Creek) Nation Lighthorse Police Department are the investigative agencies. 21-CR-367
Federal Defendant Sentenced to 15 Years for Child Exploitation OffensesRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 15 years in jail and 12 years of supervised release on his conviction of violating federal laws relating to the sexual exploitation of children, Acting United States Attorney Stephen R. Kaufman announced today.
Senior United States District Judge David S. Cercone imposed the sentence on Kenneth Wayne Spencer, Jr., 39.
According to information presented to the court, Spencer received and possessed computer images and movies depicting prepubescent minors, as young as infants, being sexually assaulted. During the FBI’s investigation, Spencer admitted that he had previously sexually abused two children, ages three and four. Spencer also attempted to hide his online receipt of child sexual abuse material by using another individual’s Internet connection. Spencer was previously convicted of a child exploitation offense in Pennsylvania.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Assistant United States Attorney Christian A. Trabold prosecuted this case on behalf of the government.
Acting United States Attorney Kaufman commended the Federal Bureau of Investigation and the Pennsylvania State Police for the investigation leading to the successful prosecution of Spencer.
Drug Courier with 32 Pounds of Methamphetamine SentencedRead the Press Release
FRESNO, Calif. — Alejandro Lopez, 51, of Culiacán, Sinaloa, Mexico, was sentenced today to seven and a half years in prison for possessing methamphetamine with intent to distribute, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Lopez was stopped for a traffic violation in Merced County as he was driving northbound on Highway 99. Following the stop, law enforcement officers discovered approximately 32 pounds of methamphetamine in a spare tire of the vehicle that Lopez had been driving. Lopez pleaded guilty on Oct. 6, 2020.
This case was the product of an investigation by Homeland Security Investigations and the California Highway Patrol. Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Detroit Man Sentenced to 10 Years in Federal Prison for Drug and Gun CrimesRead the Press Release
HUNTINGTON, W.Va. – A Detroit, Michigan man was sentenced to 10 years in federal prison today for drug and gun crimes. Darryl Eric Hill, 37, previously pleaded guilty to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, Hill rented a room at the Double Tree Hotel in Huntington on October 21, 2020 and was present when law enforcement officers executed a search warrant at the room. Officers seized heroin, methamphetamine, crack cocaine, over $19,000 and a loaded 9mm pistol which Hill possessed. Hill admitted that he had stayed at the hotel for several weeks and that he had been selling the drugs in and around the Huntington area. Hill also admitted that he kept the firearm with him to protect himself based on his status as a drug dealer.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Joseph F. Adams handled the prosecution.
This case was prosecuted as part of the 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.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00072.
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Defendant Pleads Guilty to Sexual Exploitation Offenses Involving a Ten-Year-Old VictimRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal laws relating to the sexual exploitation of children, Acting United States Attorney Stephen R. Kaufman announced today.
Ryan Matthew Holden, 36, pleaded guilty to seven counts before Senior United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Holden used Instagram to induce a ten-year-old female to provide him sexually explicit images and sent images of his penis to the minor victim. Holden also sent images of child sexual abuse material to the minor victim to encourage her to engage in sexually explicit conduct. Holden also received and possessed thousands of other items of child sexual abuse material.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Judge Cercone scheduled sentencing for December 13, 2021. The law provides for a total sentence of life imprisonment, a fine of $1,750,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Pennsylvania State Police conducted the investigation that led to the prosecution of Holden.
Dallas County Man Sentenced for Attempting to Meet Minor for SexRead the Press Release
PLANO, Texas – An Irving man has been sentenced to federal prison for child exploitation violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Cody Ryan Turner was convicted by a jury on March 10, 2021, of attempted coercion and enticement of a minor and was sentenced to 120 months in federal prison today by U.S. District Judge Sean D. Jordan.
“This case is a sober reminder that there are those out there lurking in cyberspace who target children to engage in sexually explicit chat conversations, seeking to eventually meet and sexually abuse these kids,” said Acting U.S. Attorney Nicholas J. Ganjei. “Parents and teens need to approach online ‘friends’ critically and with caution. The enticement of minors is not just something we see on television.”
“Thank you to our partners at the Plano Police Department for helping us stop an individual who attempted to entice a child. This case reminds all of us to remain vigilant about our children’s online behavior and social media presence,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “We encourage parents to speak with their children about the dangers of online predators who use popular apps, games, and websites and to report any suspicious activity to law enforcement.”
According to information presented in court, in August 2019, Turner began messaging an individual he believed to be a young teen on a popular social media application. After receiving no response throughout August 2019, he sent a graphic image to the child in December 2019 then messaged the child again in June 2020, asking if she was interested in a sugar daddy-sugar baby relationship. At that point, the individual Turner believed to be a teen responded, and identified herself as a child. Between June 2020 and Sep. 8, 2020, Turner sent a series of sexually explicit messages to this individual, asking about the child’s body and development, discussing the child’s parents and ways to circumvent their supervision of the child’s online activities, and meeting for sex.
On Sep. 8, 2020, believing that the child was attending school online because of COVID, Turner messaged asking “want company”? After stating his intention to drive to the child’s residence, Turner asked for verification of the child’s identity, noting “you are very young so there is big risk for me.” Evidence introduced at trial showed that Turner drove from Irving to a location in Plano to meet the child, at which time he was arrested by a joint team of FBI and the Plano Police Department.
Turner admitted to texting with the teen but claimed that he believed the person to be “fake” and had driven to the meet site to call “Gotcha!” on the individual. Turner further stated that he could not explain his actions.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Plano Police Department and the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Marisa Miller.
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Collin County Man Sentenced for Distributing Child PornographyRead the Press Release
PLANO, Texas – A Plano man has been sentenced to federal prison for child pornography violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Edgar Raymond Miller, 38, pleaded guilty on Feb. 5, 2021 to two counts of distribution of child pornography and was sentenced to 262 months in federal prison today by U.S. District Judge Sean D. Jordan.
“The incredible work of our federal and local law enforcement partners revealed a man focused on the violent sexual abuse of children living in our midst,” said Acting U.S. Attorney Nicholas J. Ganjei. “Law enforcement relies on tips from the public to help them identify and disrupt those engaged in the traffic of child pornography. I urge members of the public to report any interactions on social media applications that they find concerning or suspicious. Ultimately, your tip could prevent a child from being abused or exploited.”
“The FBI and our partners in the North Texas Child Exploitation Task Force work tirelessly to apprehend individuals who distribute or attempt to distribute child pornography. This collaboration resulted in an arrest and a positive outcome with today’s sentencing,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “We will continue to prioritize the safety of children in the communities we serve.”
According to information presented in court, in April 2020, a detective with the Plano Police Department received an investigative lead pertaining to a user on an Internet-based chat application who was uploading child pornography. The user was traced to the residence in Plano where Edgar Miller lived. In June 2020, the Plano PD, FBI, and an investigator with the Collin County District Attorney’s Office served a search warrant at Miller’s residence, where they seized numerous digital devices containing child pornography. Forensic analysis revealed that Miller had collected more than 47,000 images and videos of child pornography across multiple social media platforms. Evidence also revealed chats in which Miller discussed the graphic and extreme abuse of children. A federal grand jury returned an indictment charging Miller with child pornography violations on July 8, 2020.
As part of his plea, Miller admitted to communicating with other individuals on the instant messaging mobile application about child pornography and the sexual abuse of children. Miller distributed images depicting male children engaged in sexually explicit conduct. The children depicted were prepubescent (or under the age of 12 years old) and some of the images included depictions of sadistic or masochistic abuse. Miller admitted that he distributed and possessed more than 600 images of child pornography. He further admitted to distributing child pornography to others on the application in exchange for child pornography from them.
This case is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the Plano Police Department, the Federal Bureau of Investigation, and the Collin County District Attorney’s Office and prosecuted by Assistant U.S. Attorney Marisa Miller.
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Cocaine Supplier Pleads Guilty and is Sentenced to Eight Years in Federal Prison for Participating in Conspiracy to Sell Cocaine and Crack Cocaine in MarylandRead the Press Release
Baltimore, Maryland – U.S. District Judge Richard D. Bennett sentenced Kevin Purnell Johnson, age 36, of Elkton, Maryland, to eight years in federal prison, followed by five years of supervised release, after Johnson pleaded guilty to the federal charges of conspiracy to distribute controlled substances and possession with intent to distribute cocaine.
The guilty plea and sentence were announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Superintendent Colonel Woodrow W. Jones III of the Maryland State Police; and Cecil County Sheriff Scott Adams.
According to his guilty plea, the Maryland State Police, Cecil County Sheriff’s Office, and the Department of Homeland Security identified Troy Neal, Mark Williams, and Johnson as cocaine suppliers after an extended investigation dating back to 2019. The conspiracy members distributed crack cocaine to multiple customers in Elkton, Maryland.
During the investigation, the Cecil County Circuit Court issued an order to authorize the interception of wire and electronic communications of Johnson and his co-conspirators. Intercepted text and telephone communications revealed Johnson as a member of the drug distribution conspiracy.
Law enforcement captured at least eight instances in which Johnson and his co-conspirators conversed in coded conversations about drug activity. For example, on May 5, 2020, Johnson discussed the purchase of a half-kilogram of cocaine for $17,000 to $17,500. Within the conversation, Johnson told the individual that he wanted it “soft”, which investigators knew to be powder cocaine.
On May 18, 2020, police surveilled Johnson meet with an individual in the parking lot of a local hotel. Patrol officers conducted a traffic stop on the customer’s car shortly after the transaction and recovered 29.3 grams of crack cocaine and $1,500 in cash.
As stated in his plea agreement, on June 13, 2020 law enforcement covertly observed Neal, Williams, and Johnson depart from Neal’s residence and travel to the Bronx in New York, where investigators believe that Neal, Williams, and Johnson obtained cocaine. The next day, on June 14, 2020, law enforcement observed the three men travel back to Neal’s residence. Law enforcement executed a search warrant at Neal’s residence and recovered 497 grams of compressed suspected cocaine, several bags of suspected marijuana, a digital scale, and several cell phones.
Other evidence corroborates Johnson’s involvement in drug trafficking. According to the IRS, Johnson did not file tax returns in 2017, 2018, or 2019 and had no taxable income.
Co-conspirators Mark Williams and Troy Lee Neal pled guilty to the same charges and are scheduled to be sentenced on October 5, 2021 at 11 a.m. and October 26, 2021 at 11 a.m.; respectively.
Acting United States Attorney Jonathan F. Lenzner commended HSI, the Maryland State Police, and the Cecil County Sheriff’s Office for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Sandra Wilkinson and Kim Y. Oldham, who prosecuted the case.
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Citizen of Mexico Pleads Guilty to Being in United States IllegallyRead the Press Release
A man who was in the United States illegally pled guilty August 18, 2021, in federal court in Sioux City.
Gabriel Grima-Sanchez, 47, a citizen of Mexico, was convicted of illegally reentry.
At the plea hearing, Grima-Sanchez admitted that on June 23, 2021, he was stopped by Harrison County Iowa Sheriff’s officers for a traffic violation when it was discovered Grima-Sanchez had a federal arrest warrant for illegal reentry into the United States. Evidence showed that on March 28, 2016, Grima-Sanchez, an alien citizen of Mexico, was found knowingly and unlawfully in the United States after having been previously removed from the United States to Mexico on or about May 11, 2005.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Grima-Sanchez remains free on bond previously set. Grima-Sanchez faces a possible maximum sentence of 2 years’ imprisonment, a $250,000 fine, and up to one year of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Department of Homeland Security and Immigration and Customs Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-4044. Follow us on Twitter @USAO_NDIA.
Chicago Area Man Sentenced to 15 Years in Prison for Conspiracy to Advertise and Distribute Child PornographyRead the Press Release
FRESNO, Calif. — Eric Leslie, 38, of Park Ridge, Illinois, was sentenced today to 15 years in prison, to be followed by 17.5 years of supervised release, for his role in the advertising and distribution of child pornography through a website, Acting U.S. Attorney Phillip A. Talbert announced.
On Jan. 21, 2020, Leslie pleaded guilty to one count of conspiracy to advertise child pornography and one count of distribution of child pornography. As part of the sentence, U.S. District Judge Dale A. Drozd ordered Leslie to pay $3,000 in restitution to one victim.
According to court documents, from approximately October 2017 through December 2018, Leslie agreed with one or more persons to advertise child pornography and then also actually distributed to a website images of minors engaged in sexually explicit conduct. When law enforcement officers served a search warrant at his residence in Illinois in January 2019, they recovered more than 600 images of minors engaging in sexually explicit conduct some of which involved violence.
This case was the product of an investigation by Homeland Security Investigations (HSI) offices in Fresno, California, Chicago, Illinois, and The Hague, Netherlands. Assistant U.S. Attorney David L. Gappa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Brooklyn Federal Jury Convicts U.S. Citizen of Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, a federal jury in Brooklyn convicted Bernard Raymond Augustine, a U.S. citizen and California resident, of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”). The verdict followed a one-week trial before U.S. District Judge Sterling Johnson Jr. When sentenced, Augustine faces up to 20 years in prison.
The evidence at trial established that in February 2016, the defendant traveled from San Francisco, California, to Northern Africa, with the goal of joining ISIS, a designated foreign terrorist organization. In the months leading up to his travel, the defendant watched ISIS propaganda, including videos glorifying ISIS’s violence, such as “The Flames of War.” The defendant conducted internet searches for, among other things, “how to safely join ISIS,” and reviewed websites related to ISIS recruitment practices, including one titled “How does a Westerner join ISIS? Is there a recruitment or application process?”
Augustine also posted numerous statements in support of ISIS and violent extremism on the internet. He posted statements such as “the Islamic State is the true Islam,” “Muslims who leave the west . . . answer the call for the struggle, and march until they are victorious or martyred are the true believers,” and the ISIS caliphate “can’t be established and maintained except through the blood of the mujahideen who practice the true belief.”
Augustine then purchased a one-way airplane ticket and traveled to Tunisia so that he could present himself as a willing participant in ISIS’s terrorist activity. After arriving in Tunisia, Augustine was detained by local authorities before he could make it to ISIS-controlled territory across the border in Libya. He was subsequently returned to the United States in 2018, where he was brought to the Eastern District of New York for prosecution.
Acting Assistant Attorney General Mark J. Lesko of the Justice Department’s National Security Division, Acting U.S. Attorney Jacquelyn M. Kasulis for the Eastern District of New York, Assistant Director-in-Charge Michael J. Driscoll of the FBI’s New York Field Office, and Commissioner Dermot F. Shea of the New York City Police Department (NYPD) announced the verdict.
The government’s case is being handled by the U.S. Attorney’s Office’s National Security and Cybercrime Section. Assistant U.S. Attorneys Craig R. Heeren, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorneys Phil Viti and George Kraehe of the National Security Division’s Counterterrorism Section. The Justice Department’s Office of International Affairs provided assistance.
Brooklyn Federal Jury Convicts U.S. Citizen of Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, a federal jury in Brooklyn convicted Bernard Raymond Augustine, a U.S. citizen and California resident, of attempting to provide material support to a designated foreign terrorist organization, the Islamic State of Iraq and al-Sham (“ISIS” or “the Islamic State”). The verdict followed a one-week trial before United States District Judge Sterling Johnson, Jr. When sentenced, Augustine faces up to 20 years in prison.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Mark J. Lesko, Acting Assistant Attorney General of the Justice Department’s National Security Division, Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the verdict.
“The defendant’s unvarnished testimony at trial demonstrates his ongoing support for ISIS and its glorification of barbaric acts of terrorism, including attacks on U.S. soldiers, the enslavement of Yazidi women and mass killings, which he described as ‘cool,’” stated Acting U.S. Attorney Kasulis. “Today’s guilty verdict underscores the strong commitment of this Office and its law enforcement partners to combatting terrorism and protecting the United States from potentially dangerous threats to its national security.”
The evidence at trial established that in February 2016, the defendant traveled from San Francisco, California to Northern Africa, with the goal of joining ISIS, a designated foreign terrorist organization. In the months leading up to his travel, the defendant watched ISIS propaganda, including videos glorifying ISIS’s violence, such as “The Flames of War.” The defendant conducted internet searches for, among other things, “how to safely join ISIS,” and reviewed websites related to ISIS recruitment practices, including one titled “How does a Westerner join ISIS? Is there a recruitment or application process?”
Augustine also posted numerous statements in support of ISIS and violent extremism on the internet. He posted statements such as “the Islamic State is the true Islam,” “Muslims who leave the west . . . answer the call for the struggle, and march until they are victorious or martyred are the true believers,” and the ISIS caliphate “can’t be established and maintained except through the blood of the mujahideen who practice the true belief.”
Augustine then purchased a one-way airplane ticket and traveled to Tunisia so that he could present himself as a willing participant in ISIS’s terrorist activity. After arriving in Tunisia, Augustine was detained by local authorities before he could make it to ISIS-controlled territory across the border in Libya. He was subsequently returned to the United States in 2018, where he was brought to the Eastern District of New York for prosecution.
Augustine represented himself at trial with the assistance of standby counsel. The defendant took the witness stand in his own defense and his testimony included the following statements:
- “I just want to tell the jury that I do not regret my decision, I’m proud of my decision and if I could go back and start over I would do it again, and if I became a free man tomorrow I would do it again, I would leave and I would do that again. I have no regrets about it and I’m proud of it. And I believe that all Muslims must immigrate to the Islamic State upon its establishment, especially ones living in the west.”
- Augustine testified that he was aware that Islamic State fighters slaughtered members of the Yazidi ethnic group, and that he understood that the Islamic State enslaved Yazidi women.
- Augustine described the Islamic State propaganda film “Flames of War,” which he acknowledged contains mass killings, as “a really cool video. You should watch the whole thing.”
- Augustine testified that Islamic State propaganda showing holy warriors fighting and engaging in martyrdom and suicide bombings was “cool” and “hell, yeah, it was cool.”
he government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Craig R. Heeren, Josh Hafetz and Jonathan E. Algor are in charge of the prosecution, with assistance provided by Trial Attorneys Phil Viti and George Kraehe of the Counterterrorism Section of the Department of Justice. The Justice Department’s Office of International Affairs provided assistance.
The Defendant:
BERNARD RAYMOND AUGUSTINE
Age: 25
Keyes, CaliforniaE.D.N.Y. Docket No. 18-CR-383 (SJ)
Braddock Felon Admits Illegally Possessing a Stolen Glock HandgunRead the Press Release
PITTSBURGH, PA - A resident of Braddock, Pennsylvania, pleaded guilty today in federal court on a charge of possession of a firearm by a convicted felon, Acting United States Attorney Stephen R. Kaufman announced today.
Andrea Gray, age 26, pleaded guilty to one count before Senior United States District Judge Donetta Ambrose.
According to information provided to the court, on July 21, 2020, Andrea Gray was in a group of about 10 people on a front porch in the 700 block of Baldridge Avenue in Braddock. As someone on the porch was rolling a marijuana cigarette in plain view, Allegheny County Police detectives stopped their car nearby and exited the car wearing clothes identifying them as police.
The group on the porch dispersed, including Mr. Gray who reached for his waistband where he retrieved a black handgun as he ran away. A detective shouted for Mr. Gray to stop and drop the gun. Mr. Gray kept running and threw the handgun into a neighboring backyard. One detective kept chasing Mr. Gray and ultimately took him into custody.
Two detectives recovered the handgun that Mr. Gray threw into the backyard. The gun was a black Glock, Model 22, .40 caliber handgun, bearing serial number NMD679. The Glock was fully loaded with .40 caliber rounds - 11 in the magazine and one in the chamber - and had previously been reported stolen. The Glock also traveled in interstate or foreign commerce after it was manufactured.
Mr. Gray was transported to UPMC Mercy where he volunteered to detectives that he told the group of people on the porch to “take the weed inside,” and when he saw the detectives’ police markings, he knew that it was “over.” After detectives Mirandized Mr. Gray, he waived his rights and admitted that he had the gun. Mr. Gray also acknowledged that he knew he could not lawfully purchase or possess a handgun because of a prior felony conviction for violating controlled substance laws.
Judge Ambrose scheduled sentencing for Jan. 4, 2022, at 10 a.m. The law provides for a maximum total sentence of not more than 10 years in prison, a fine not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Ira M. Karoll prosecuted this case on behalf of the government.
The Allegheny County Police Department conducted the investigation. This case was part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Boscawen Man Pleads Guilty to Drug Trafficking ChargesRead the Press Release
CONCORD - Adam Beck, 26, of Boscawen, pleaded guilty in federal court on Friday to four drug trafficking charges related to the distribution of methamphetamine and fentanyl, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, in October 2020, investigators with the New Hampshire Attorney General’s Drug Task Force received information from a cooperating individual that Beck was distributing drugs around Boscawen and Warner. The cooperator assisted law enforcement officers in making controlled buys of methamphetamine and fentanyl from Beck. Officers also conducted surveillance of Beck and observed him engaging in hand-to-hand drug transactions.
On December 10, 2020, investigators arrested Beck on drug distribution charges. On his person, they found approximately $1,200 and a small bag containing fentanyl. That same day, investigators obtained a search warrant for a Webster residence associated with Beck. During the search, investigators located nearly $15,000, approximately a pound and a half of methamphetamine, approximately 100 grams of fentanyl, and other incriminating items in a room that belonged to Beck.
Beck is scheduled to be sentenced on December 6, 2021.
“Drug traffickers who seek to profit from the sale of dangerous drugs like fentanyl and methamphetamine are a threat to communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “Law enforcement officers are working together to protect the Granite State from drug dealers and the deadly products they sell. This successful prosecution was a result of that collaboration and it prevented significant amounts of fentanyl and methamphetamine from being sold in our state.”
This matter was investigated by the New Hampshire Attorney General's Drug Task Force, Concord Police Department, Merrimack County Sheriff's Department, Webster Police Department, and the U.S. Marshals Service. The case is being prosecuted by Assistant U.S. Attorney Charles Rombeau.
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Bergen County Woman Sentenced to 27 Months in Prison for Illegally Using Individuals’ Identities to Obtain More Than $300,000Read the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, woman was sentenced today to 27 months in prison for participating in a scheme to obtain over $300,000 by illegally charging or attempting to charge victims’ financial accounts without authorization, Acting U.S. Attorney Rachael A. Honig announced.
Briana Burford, 27, of Fort Lee, New Jersey, previously pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an information charging her with wire fraud. Judge Cecchi imposed the sentence today by videoconference.
According to documents filed in the case and statements made in court:
From October 2018 through December 2018, Burford made four Bitcoin transactions. The Bitcoin were sent to accounts associated with carding websites, which are websites that engage in the trafficking of stolen or otherwise illegally obtained credit card, bank account and other personal identification information, as well as services and tools that one can use to engage in fraudulent activity.
The two telephone numbers used to make the four Bitcoin transactions, along with other telephone numbers, were used to inquire about bank accounts that were later compromised and subject to fraud. For instance, on Aug. 31, 2018, one of the telephone numbers was used to contact a bank and inquire about a specific bank account. Later that day, Burford, without authorization, charged a purchase of approximately $9,000 to that bank account.
In addition to the prison term, Judge Cecchi sentenced Burford to three years of supervised release and ordered her to pay $245,570 in restitution.
Acting U.S. Attorney Honig credited special agents of U.S. Department of Homeland Security Investigations in Newark, under the direction of Special Agent in Charge Jason J. Molina, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Andrew Kogan of the U.S. Attorney’s Office Cybercrime Unit in Newark.
Ashland Man Pleads Guilty to Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – An Ashland, Kentucky man pleaded guilty today to a federal gun crime.
According to court documents, Dave Joshua Kistner IV, 44, received a Colt Commander .45 caliber pistol at Freedom Gun and Pawn in Huntington on April 29, 2017, by redeeming a pawn ticket. Kistner had been adjudicated a mental defective in the Circuit Court of Cabell County in February 2017, thereby prohibiting him from possessing the firearm. When interviewed by law enforcement, Kistner admitted to re-selling the pistol to a different pawn store.
Kistner pleaded guilty to possession of a firearm by a prohibited person and faces up to 10 years in prison when sentenced on November 29, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00019.
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Acton and Manchester Men Arrested for Fraud Involving Small Business Administration Disaster FundsRead the Press Release
BOSTON – Two men were arrested on Thursday, Aug. 19, 2021 in connection with a conspiracy to use stolen identities to fraudulently obtain disaster loans from the Small Business Administration (SBA) and to launder the funds.
Edwin Acevedo, 35, of Acton, and Hector Garcia, 49, of Manchester, N.H., were each charged with one count of conspiracy to commit wire fraud. Garcia was also charged with one count of aggravated identity theft. Acevedo made his initial appearance on Thursday, Aug. 19, 2021 and is being held pending a detention hearing. Garcia will make an initial appearance in federal court in Boston on Sept. 3, 2021.
According to charging documents, the defendants conspired with others to use stolen identity information of United States citizens to apply for SBA Economic Injury Disaster Loans. It is alleged that Garcia used stolen identity information of a United States citizen to open a fraudulent bank account, which was then linked to other fraudulent bank accounts set up to receive the SBA funds. Acevedo allegedly coordinated co-conspirators’ receiving some of the debit cards associated with fraudulent bank accounts into which SBA funds were deposited, and assisted in laundering those funds by using the debit cards to purchase iPhones for re-sale. It is also alleged that Garcia and other co-conspirators wired a portion of the funds to the Dominican Republic.
It is alleged that over $452,000 in SBA funds were fraudulently obtained in connection with the scheme. Approximately $250,000 of this money was used to purchase iPhones in Massachusetts and New Hampshire.
The charge of conspiracy to commit wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss from the offense. The charge of aggravated identity theft provides for a mandatory two-year sentence that must run consecutively to any other sentence imposed, up to one year 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 and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Valuable assistance was also provided by Homeland Security Investigations in Orlando, Fla.; Small Business Administration, Office of the Inspector General; Department of Housing and Urban Development, Office of the Inspector General; Social Security Administration, Office of the Inspector General; Department of Labor, Office of the Inspector General; Department of State; U.S. Postal Inspection Service; Massachusetts State Police; New Hampshire State Police; and the Acton, Nashua (N.H.), Manchester (N.H.) and Ocala (Fla.) Police Departments. Assistant U.S. Attorneys Elianna Nuzum and Adam Deitch of Mendell’s Major Crimes Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
22 August 2021
Acting U.S. Attorney Steve Kaufman’s Statement on the Passing of Gene VittoneRead the Press Release
PITTSBURGH – Stephen R. Kaufman, Acting United States Attorney for the Western District of Pennsylvania, issued the following statement today:
“As District Attorney, Gene Vittone did a wonderful job for the citizens of Washington County. He was a great friend of our office and an unwavering partner in the fight to combat the opioid crisis. Just last month he participated with us in the Drug Summit held at Saint Vincent College.
He will be deeply missed by all of western Pennsylvania law enforcement. We extend our sincere condolences to Gene’s family and to the members of the Washington County District Attorney’s office.”
20 August 2021
Twice Convicted Drug Dealer Sentenced to 168 Months ImprisonmentRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jesse Reyes Babauta, age 43, was sentenced in the United States District Court of the Northern Mariana Islands to 168 months imprisonment for Conspiracy to Possess Methamphetamine with Intent to Distribute, a Schedule II Substance in violation of 21 U.S.C. §§ 846, 841(a)(1)(b)(1)(C). The Court also ordered five years of supervised release following imprisonment, 100 hours of community service, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From September to November 2020, Jesse Reyes Babauta, managed and organized the importation of over 70 grams of methamphetamine into the CNMI through the United States Postal Service. The drugs were hidden inside greeting cards. In sentencing Babauta, the Court explicitly found that he used both fear and affection to involve other individuals in the illegal transport of controlled substances. Babauta was also convicted of Conspiracy to Distribute Methamphetamine in federal court in 2013.
U.S. Attorney Anderson stated, “As this case demonstrates, repeat offenders can expect lengthy sentences as a result of federal prosecution. I applaud the efforts of our law enforcement partners in continuing to target drug crimes in the CNMI.”
This case was a joint investigation by Drug Enforcement Administration, United States Postal Inspection Service, with the assistance from CNMI Customs Service. This case was prosecuted by Garth R. Backe, Assistant United States Attorney in the District of the Northern Mariana Islands.
Three Members of ‘135 Piru’ Set of Bloods Street Gang Charged with Firearms and Narcotics Offenses, Including Possession of Two Assault-Style PistolsRead the Press Release
NEWARK, N.J. – Three Essex County, New Jersey, men have been charged in connection with possessing five firearms and distributing, and possessing with the intent to distribute, controlled substances in Orange, East Orange, and Newark, Acting U.S. Attorney Rachael A. Honig announced.
Myron Fulton, 29, of East Orange, is charged by complaint with possession of a firearm and ammunition by a convicted felon. Joshua Baltimore, aka “Ab,” 29, of Newark, and Azmar Carter, aka “Bizzy,” 29, of East Orange, are each charged by complaint with distribution and possession with intent to distribute cocaine base, possession of a firearm and ammunition by a convicted felon and possession of a firearm in furtherance of a drug trafficking crime. Carter is also charged with distribution of and possession with intent to distribute heroin. Fulton appeared by videoconference today before U.S. Magistrate Judge Michael A. Hammer and was released on $100,000 bond. Carter and Baltimore appeared by videoconference on Aug. 18, 2021, before Judge Hammer and were detained.
According to documents filed in this case and statements made in court:
The “135 Piru” set of the Bloods street gang operates primarily around Orange and distributes a large quantity of narcotics throughout Essex County. Baltimore, Carter and Fulton are self-admitted members of the 135 Piru set.
On June 30, 2021, law enforcement executed a search warrant on Fulton’s car and recovered a firearm and a high-capacity magazine that contained 33 rounds of ammunition. Fulton is not permitted to possess a firearm and ammunition based on prior convictions for firearm possession and aggravated assault.
On Aug. 18, 2021, during lawful searches of their respective residences and cars, law enforcement officers recovered the following items: a loaded 9 millimeter pistol; a loaded .40 caliber pistol; a Draco AK 47 pistol and 48 rounds of associated ammunition; a loaded Smith and Wesson AR pistol and 27 rounds of associated ammunition; 479 grams of suspected heroin; 16.4 grams of suspected cocaine base; and $18,632.
The count of being a felon in possession of a firearm and ammunition carries a maximum potential penalty of 10 years in prison. The narcotics counts carry a statutory mandatory minimum penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a fine of $2 million. The counts of possession of a firearm in furtherance of a drug trafficking crime carry a statutory mandatory minimum penalty of five years in prison, which must run consecutively to any other sentence imposed, and a maximum potential penalty of life in prison. Each firearm count carries a maximum fine of $250,000.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Special Agent in Charge Jeffrey L. Matthews; members of the Orange Police Department, under the direction of Police Director Todd Warren; members of the Elizabeth Police Department, under the direction of Chief of Police Giacomo Sacca and Police Director Earl J. Graves; members of the East Orange Police Department, under the direction of Chief Phyllis Bindi; and members of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, with the investigation leading to the charges.
This case is part of Operation Orange, which is a part of the Violent Crime Initiative (VCI), which was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the purpose of combatting violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, the Orange Police Department and the Irvington Police Department.
The government is represented by Assistant U.S. Attorney Benjamin Levin of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charges and allegations against the defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Three Area Kerrville Men Indicted for Distribution of Hydrocodone and OxycodoneRead the Press Release
SAN ANTONIO – A federal grand jury in San Antonio returned an indictment this week charging two Kerrville men and an Ingram man with distribution of narcotics.
According to court documents, Scott Mitchell Brown, 35, and John Henry Swiencki, 51, of Kerrville and David Jeffery Hughes, Jr., 42, of Ingram are all charged with one count of conspiring to distribute hydrocodone, oxycodone and amphetamines.
In addition to the distribution charge, Brown is charged with one count of theft of prescription medications; one count of possession of stolen mail; and one count of obtaining unauthorized health information from the Kerrville Veterans Affairs Medical Center. Hughes is also charged with one count of being a felon in possession of a firearm.
Swiencki and Hughes are scheduled to make their initial court appearances today before U.S. Magistrate Judge Henry Bemporad. Brown is scheduled for an arraignment on September 2, 2021, before U.S. Magistrate Judge Richard Farrer.
If convicted on the distribution charge the defendants face up to 20 years in prison. Brown faces up to an additional 10 years in prison on the theft of prescription medications charge and 10 years in prison on the obtaining unauthorized health information charge. He also faces an additional five years in prison for the possession of stolen mail charge. Hughes faces an additional sentence of up to 10 years in prison for the felon in possession charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ashley C. Hoff; Drug Enforcement Administration (DEA) Special Agent in Charge Daniel C. Comeaux, Houston Field Office; U.S. Postal Inspection Service (USPIS) Inspector in Charge Adrian Gonzalez, Houston Division; U.S. Department of Veterans Affairs Office of Inspector General (VAOIG) Special Agent in Charge Jeffrey Breen, South Central Field Office; and Kerr County Sheriff L.L. Leitha made today’s announcement.
The DEA, USPIS, VAOIG and the Kerr County Sheriff’s Office are investigating this case.
Assistant U.S. Attorney Priscilla Garcia is prosecuting this 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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Texas Man Charged with Conspiring with Michael Mann to Defraud LendersRead the Press Release
ALBANY, NEW YORK – Derek R. Schwartz, age 52, of Coppell, Texas, was indicted yesterday and accused of conspiring with ValueWise CEO Michael T. Mann to defraud companies that loaned millions of dollars to ValueWise subsidiaries.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Schwartz was charged with conspiring to commit wire fraud, along with four counts of wire fraud, and will be arraigned at a later date. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
According to the indictment, Mann obtained millions of dollars in loans from two financing companies, located in New York and Colorado, by falsifying his companies’ receivables. Mann falsely told the financing companies that Minnesota-based UnitedHealth Group Incorporated (“UHG”), and its subsidiary OptumInsight Inc. (“Optum”), owed millions of dollars to his companies. Mann routinely created fake invoices reflecting the fictitious debt and assigned them to the financing companies as collateral for loans.
Schwartz was a high-level executive at Optum, and then began working for ValueWise in about October 2013. Until about August 2016, he operated TrueHR, LLC, a ValueWise subsidiary based in Dallas, Texas.According to the indictment, in or about October 2013, Schwartz recruited a UHG/Optum employee, Luke Steiner, to falsely represent to the financing companies that the fake invoices created by Mann were valid and payable by Optum. With Schwartz’s encouragement and direction, Steiner regularly made these false verifications for six years, ending in August 2019.
Schwartz also allegedly took other actions in furtherance of the fraudulent scheme, including, according to the indictment:
- In 2014 and 2015, he recruited at least two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies.
- From 2014 through 2019, he made misrepresentations directly to one of Mann’s lenders, identified in the indictment as “Financing Company-2.” Mann falsely represented to Financing Company-2 that one of his companies, Weitz & Associates, needed loans in order to pay its vendors. As part of its due diligence process, Financing Company-2 verified, with Weitz’ purported vendors, that they were receiving payments from Weitz. One such purported vendor was TrueHR, a ValueWise company operated by Schwartz. In fact, TrueHR was not a Weitz vendor, and Schwartz regularly lied to Financing Company-2 about TrueHR receiving payments from Weitz – and continued to do so even after TrueHR ceased to exist as a company.
- Schwartz worked with Mann to fabricate Weitz vendors. Mann told Financing Company-2 that, in additional to TrueHR, Weitz had a number of other vendors. Mann, with Schwartz’ help, fabricated the names and contact information of non-existent people working at fake Weitz vendors.
If convicted of any of the charges in the indictment, Schwartz faces up to 20 years in prison, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Mann pled guilty to various crimes in connection with his fraudulent scheme, and was sentenced earlier this month to 144 months in prison. Steiner, age 33, of Minneapolis, Minnesota, pled guilty in February 2020 to conspiring with Mann, and is pending sentencing.
This case is being investigated by the FBI, and being prosecuted by Assistant U.S. Attorneys Michael Barnett and Cyrus P.W. Rieck.
- In 2014 and 2015, he recruited at least two other UHG/Optum employees to verify false invoices that Mann submitted to one of the financing companies.
Syracuse Man Convicted at Trial of Naturalization FraudRead the Press Release
BINGHAMTON, NEW YORK – Fadl Mohamad Alharbi, age 50, of Syracuse, New York, was convicted today following a federal jury trial of naturalizing contrary to law and submitting a false statement in a passport application, announced Acting United States Attorney Antoinette T. Bacon and Timothy Novak, Resident Special Agent in Charge, Buffalo, New York, U.S. Department of State-Diplomatic Security Service (DSS).
The trial evidence revealed that Alharbi, a native of Yemen, used a false name and falsely posed as the son of his uncle, who was a U.S. citizen (and is now deceased), in order to obtain lawful permanent residency in the United States and, later, to naturalize as a U.S. citizen and to apply for a passport. The defendant later admitted in interviews with immigration and Department of State officials that he knew these facts about his identity were false and that he had submitted these false statements in order to naturalize and to obtain a passport.
The charges for which Alharbi was convicted carry a maximum sentence of 15 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. Alharbi also faces denaturalization as a result of his naturalization fraud conviction. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Alharbi will be sentenced in federal court in Binghamton, New York, on January 4, 2022, by Senior United States District Judge Thomas J. McAvoy, who presided over the trial.
This case was investigated by the U.S. Department of State-Diplomatic Security Service with assistance from United States Citizenship and Immigration Services (USCIS), and it is being prosecuted by Assistant U.S. Attorney Michael F. Perry.
Sutton Man Convicted of Cocaine ConspiracyRead the Press Release
BOSTON – A Sutton man was convicted by a federal jury in Worcester today of conspiring to distribute cocaine.
Bruce Marando, 47, was convicted following a four-day trial of conspiracy to distribute cocaine. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Dec. 10, 2021.
Evidence at trial established that from March to May 2017, Marando conspired with Vito Nuzzolilo and others to distribute cocaine, including crack cocaine. A wiretap revealed numerous communications in which Marando and Nuzzolilo discussed purchasing and selling cocaine, cooking crack cocaine and distributing cocaine to satisfy a $9,000 debt that Marando owed Nuzzolilo. As a result of the investigation, law enforcement seized drugs from various locations, including 250 grams of cocaine from Nuzzolilo’s band room.
In April 2020, Nuzzolilo was sentenced to 134 months in prison and eight years of supervised release.
The charge of conspiracy to distribute cocaine provides for a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. 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; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Division; and Webster Police Chief Michael D. Shaw made the announcement today. Assistant U.S. Attorneys Lucy Sun of Mendell’s Worcester Branch Office and Elysa Wan of Mendell’s Criminal Division prosecuted the case.
St. Francis Woman Charged with Conspiracy to Distribute MethRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Iverina Crow Eagle, age 43, was indicted on October 14, 2020. She appeared before U.S. Magistrate Judge Mark A. Moreno on August 20, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 40 years in federal prison and/or a $5,000,000 fine, four years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that beginning no later than January 2018, Crow Eagle conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 50 grams or more of methamphetamine on the Rosebud Indian Reservation.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan Dilges is prosecuting the case.
Crow Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Springfield Man Sentenced for Racketeering Offenses Relating to ProstitutionRead the Press Release
BOSTON – A Springfield man was sentenced yesterday in federal court in Springfield for racketeering offenses relating to the promotion of commercial sex.
Kevin Smoot, 60, was sentenced by U.S. District Court Judge Mark G. Mastroianni to time served (approximately 22 days) and three years of supervised release. The government recommended a sentence of one year in prison. On April 12, 2021, Smoot pleaded guilty to one count of conspiracy to use a facility of interstate commerce to promote prostitution offenses and seven counts of use of a facility of interstate commerce to promote prostitution offenses.
Between February 2019 and June 2020, Smoot conspired with others to promote commercial sex involving several women. Smoot transported women to and from commercial sex appointments, recruited and encouraged them to engage in commercial sex acts for money and helped to procure illegal drugs for use by the drug-addicted women. In addition, Smoot provided a residential location for commercial sex acts between female victims of sex trafficking and male customers, taking actions to collect money from male customers, and benefiting from the proceeds.
Acting United States Attorney Nathaniel R. Mendell; Massachusetts Attorney General Maura Healey; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; Hampden County Sheriff Nicholas Cocchi; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Springfield Police Commissioner Cheryl Clapprood made the announcement. Assistant U.S. Attorney Alex J. Grant of Mendell’s Springfield Branch Office prosecuted the case.
Sons of Silence Enforcer and Convicted Felon Sentenced to Federal Prison for Possessing a FirearmRead the Press Release
A man who was the enforcer for the Northern Iowa Chapter of the Sons of Silence Motorcycle Club was sentenced yesterday to 10 months in federal prison.
Justin Carlson, age 38, from Sheffield, Iowa, received the prison term after a March 19, 2021 guilty plea to one count of being a felon in possession of a firearm.
In the guilty plea and sentencing proceedings, Carlson admitted that on April 5, 2020, Carlson, a convicted felon, and other members of the Sons of Silence and another affiliated group confronted a motorcyclist, who was an off-duty police officer, claiming the officer needed permission from the Sons of Silence to wear one of the patches on the back of the motorcyclist’s jacket. In a subsequent search of Carlson’s home in Sheffield, Iowa, officers recovered Carlson’s Sons of Silence motorcycle vest, which had a brass knuckles in the pocket, numerous items of Sons of Silence paraphernalia, and two firearms.
Carlson was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Carlson was sentenced to ten months’ imprisonment and must also serve a two-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Carlson was released on the bond previously set and is to surrender to the Bureau of Prisons on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Tri-County Drug Enforcement Task Force, Clarion Police Department, Franklin County Sheriff’s Office, Waverly Police Department, Iowa Division of Narcotics Enforcement, Algona Police Department, and the Wright County Sheriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-3035.
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Sharee D. Joyner Sentenced to 30 Months Imprisonment for Drug TraffickingRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Sharee Diaz Joyner, age 44, from San Vicente, Saipan, was sentenced in the United States District Court of the Northern Mariana Islands to thirty months imprisonment for Attempting to Possess Over Five Grams of Methamphetamine with the Intent to Distribute, in violation of 21 U.S.C. § 841(a)(1). The Court also ordered four years of supervised release following imprisonment, 100 hours of community service, and a mandatory $100.00 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
From January to February 2019, Sharee Diaz Joyner conspired with others to obtain methamphetamine with the intent to distribute the drug in the CNMI. Joyner contacted her source of supply on Rota to have methamphetamine fronted to her. Joyner would pay for the drugs after they were sold. On the next trip to Rota, Joyner received 39.15 grams of methamphetamine. She brought the drugs back to Saipan by plane. CNMI Customs Inspectors discovered the drugs during an inspection upon her arrival. A DEA forensic chemist determined that the drugs were 96% pure.
This was a joint investigation by the United States Drug Enforcement Administration, CNMI Customs Service, and CNMI Drug Enforcement Task Force. The case was prosecuted by Garth R. Backe, Assistant United States Attorney in the District of the Northern Mariana Islands.
Seven Individuals Indicted by Federal Grand Jury in Methamphetamine Conspiracy CasesRead the Press Release
Owensboro, Kentucky – On August 11, 2021, a federal grand jury in Bowling Green returned two Indictments charging seven individuals with conspiring to traffic in large amounts of methamphetamine in the Daviess County area during a span of several months in 2020 and 2021.
An Indictment unsealed this week in U.S. District Court charges Darrell Murphy, 46, of Madisonville, Kentucky, Terry Cook, 43, of Owensboro, Noah Boswell, 39, of Owensboro, William Darmell Murphy, 58, of Owensboro, and Elizabeth Breanne Harris, 39, of Owensboro, with having conspired with each other, and others, to possess with the intent to distribute over 500 grams of methamphetamine in the Daviess County area between May 27, 2020 and January 27, 2021.
The second unsealed Indictment charges Jamarquius D. Trice, age 32, of Louisville, Kentucky, and Jermaine Lee, Sr., 48, of Owensboro, with having conspired with each other, and others, to possess with the intent to distribute over 500 grams of methamphetamine in the Daviess County area between August 24, 2020, and February 1, 2021.
If convicted, the defendants each face a sentence of 10 years to Life in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Michael A. Bennett made the announcement.
The U.S. Drug Enforcement Administration (DEA), Owensboro Police Department, Daviess County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are investigating the cases.
Assistant U.S. Attorney Frank E. Dahl III is prosecuting the cases.
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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Ridgeland Woman Pleads Guilty to Unemployment Insurance Benefits FraudRead the Press Release
Jackson, Miss. – A Ridgeland woman pleaded guilty to theft of government funds involving unemployment insurance benefits fraud, announced Acting U.S. Attorney Darren J. LaMarca and U.S. Secret Service Resident Agent in Charge Shawn Wolfe.
According to court documents, in May 2020, it was discovered that unemployment insurance benefits from the State of Washington had been deposited into the bank account of Judith Ann Middleton, 71, of Ridgeland. Investigation into these benefits revealed that they were deposited under other individuals’ names. The unemployment insurance benefits were federally subsidized through the CARES Act in response to the COVID-19 pandemic.
Middleton is scheduled to be sentenced on November 18, 2021 and faces a maximum penalty of 10 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Secret Service investigated the case. Assistant U.S. Attorneys Meghan M. McCalla and William Dieters prosecuted the case.
This case is being prosecuted as part of the Department of Justice’s National Unemployment Insurance Fraud Task Force (NUIFTF). In response to the unprecedented scope of Unemployment Insurance (UI) fraud, the Department of Justice established the NUIFTF. The NUIFTF is a prosecutor-led multi-agency task force with representatives from FBI, DOL-OIG, IRS-CI, HSI, DHS-OIG, USPIS, USSS, SSA-OIG, FDIC-OIG, and other agencies. Members of the NUIFTF are working with state workforce agencies, financial institutions, and other law enforcement partners across the country to fight UI fraud, and consumers should be vigilant in light of these threats and take the appropriate steps to safeguard themselves.
The CARES Act is a federal law enacted on March 29, 2020, designed to provide emergency financial assistance to the millions of Americans who are suffering the economic effects caused by the COVID-19 pandemic. One source of relief provided by the CARES Act is the authorization that expands states’ ability to provide unemployment insurance for many workers impacted by COVID-19, including for workers who are not ordinarily eligible for unemployment insurance benefits.
Anyone with information about 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.
Repeat Sex Offender Sentenced to over 11 Years in Federal Prison for Possession of More Than 5,000 Videos of Child PornographyRead the Press Release
Baltimore, Maryland - U.S. District Judge Catherine C. Blake today sentenced Daniel Provencal, age 48, of Denton, Maryland, to 138 months in federal prison for possession of child pornography. Provencal also admitted guilt to violating his supervised release conditions established in relation to his previous child pornography conviction. Judge Blake also ordered that, upon his release from prison, Provencal must continue to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Thomas J. Sobocinski of the Federal Bureau of Investigation, Baltimore Field Office; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Joseph A. Riley of the Caroline County State’s Attorney’s Office.
According to his guilty plea, from January 2020 to October 2020, Provencal possessed and repeatedly distributed child pornography on an internet-based messaging application. Provencal used multiple devices to download and distribute images of prepubescent minors, including images that depicted sadomasochistic conduct.
In January 2020, the internet-based messaging application sent two CyberTips to the National Center for Missing and Exploited Children regarding two messaging accounts, paperfly6 and hyproglo13. Between the two accounts, more than 10 videos of child pornography were detected, including a video of a prepubescent girl approximately six to nine years old engaging in sexual acts with an adult male. The IP addresses associated with both reported accounts were assigned to Provencal’s Denton, Maryland residence.
As stated in his plea agreement, on October 15, 2020, law enforcement executed a search warrant at Provencal’s residence and seized several electronic devices including two cell phones, an SD card adaptor, six SD cards, a laptop, a computer, and two tablets.
During the search warrant, officers also recovered a piece of paper with 26 account usernames and passwords. The paperfly6 and hyproglo13 accounts were included on the list of accounts.
A forensic review of Provencal’s devices revealed that each device contained child pornography totaling in 5,000 videos of child abuse material. Investigators also discovered videos involving the abuse of an infant. In addition, the review revealed that Provencal repeatedly distributed child pornography abuse material to other users on the messaging application. Provencal also engaged in explicit chats in which he discussed his sexual attraction to minors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Acting United States Attorney Jonathan F. Lenzner commended the FBI, Maryland State Police, and the Caroline County State’s Attorney’s Office for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Paul A. Riley who prosecuted the federal 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/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Registered Sex Offender Arrested on Child Pornography ChargeRead the Press Release
BOSTON – A Lowell man was arrested yesterday and charged in connection with receiving child pornography over Snapchat.
Chayanne Nieves, 23, was charged with one count of receipt of child pornography. Following an initial appearance today before U.S. District Court Magistrate Judge David H. Hennessy, Nieves was detained pending a probable cause and detention hearing scheduled for Aug. 24, 2021.
According to the charging document, from around Nov. 30, 2020 until Dec. 3, 2020, Nieves communicated on Snapchat with an 11-year-old girl in Vermont. During those communications, Nieves threatened and extorted the victim to send him nude photographs of herself. During a search of Nieves’s residence in Lowell, Nieves confirmed that the Snapchat account used to communicate with the child was his. Nieves is a Level 3 registered sex offender.
Based on Nieves’s criminal history, the charge of receipt of child pornography provides for a sentence of at least 15 years and up to 40 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Matthew Birmingham, Director of the Vermont State Police, made the announcement. Valuable assistance was provided by the Lowell Police Department. Assistant U.S. Attorney Charles Dell’Anno 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 criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rapid City Man Sentenced to 18 Months for Illegally Possessing a FirearmRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man convicted of Possession of an Unregistered Firearm was sentenced on August 16, 2021, by Judge Jeffrey L. Viken, U.S. District Court.
Shaun Shorter, age 32, was sentenced to 18 months in federal prison, followed by three years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Shorter was indicted for the charges by a federal grand jury on July 23, 2020, and pleaded guilty on March 10, 2021. Shorter was knowingly in possession of an illegal sawed-off shotgun, which was found after he came into contact with law enforcement in April 2020 in Rapid City.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Rapid City Police Department. Assistant U.S. Attorney Benjamin Patterson prosecuted the case.
Shorter was immediately remanded to the custody of the U.S. Marshals Service.
Previously convicted felon pleads guilty to federal firearm chargeRead the Press Release
ALBUQUERQUE, N.M. – Albert Vallejos, 43, of Albuquerque, pleaded guilty on Aug. 9 in federal court to being a felon in possession of a firearm and ammunition. Vallejos will remain in custody pending sentencing, which has not been scheduled.
Vallejos was indicted on March 27, 2019. According to the indictment and other court records, on Feb. 5, 2019, in Bernalillo County, New Mexico, Vallejos fired a handgun at a victim from his vehicle and fled the scene. On Feb. 13, law enforcement conducted a traffic stop and arrested Vallejos for an outstanding warrant. Law enforcement later discovered a firearm and two loaded magazines inside the vehicle.
Vallejos has at least four previous felony convictions, including for shooting at or from a motor vehicle, aggravated assault with a deadly weapon and being a felon in possession of a firearm. As a previously convicted felon, Vallejos cannot legally possess a firearm or ammunition.
Vallejos faces up to 10 years in prison.
The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated this case. Special Assistant U.S. Attorney Timothy D. Trembley is prosecuting the case.
Pierre Man Charged with Conspiracy to Distribute MethRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance.
Randy Little Shield, age 30, was indicted on August 10, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 19, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in federal prison and/or a $10,000,000 fine, five years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 14, 2021, in Pierre, Little Shield conspired with others to knowingly and intentionally distribute and possess with the intent to distribute 500 grams or more of methamphetamine in central South Dakota.
The investigation is being conducted by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney Meghan Dilges is prosecuting the case.
Little Shield was remanded to the custody of the U.S. Marshals Service pending trial.
Phoenix Man Sentenced to over 11 Years for Operating International Drug Smuggling Ring Using Women as Mules Through Philadelphia and the CaribbeanRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Delgardo Frazer, 52, of Phoenix, AZ, was sentenced to eleven years and three months prison, and four years of supervised release by United States District Judge Chad F. Kenney for organizing and leading an international cocaine trafficking operation which was discovered and dismantled in 2018.
In April 2021, the defendant pleaded guilty to all counts in a Superseding Indictment charging him with intent to distribute fentanyl, conspiracy to distribute cocaine, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a convicted felon. The charges stemmed from an incident during which Frazer was arrested near Philadelphia International Airport (PHL) in connection with drug smuggling.
For his illicit trafficking organization, the defendant recruited and paid several young women from Arizona to serve as “drug mules,” who would travel at his behest to various Caribbean locations and then deliver suitcases containing kilos of cocaine to him in Philadelphia, PA, and to his conspirators in Orlando, FL. As part of the trafficking conspiracy, Frazer also distributed fake oxycodone pills which, in fact, contained fentanyl. The operation came to an end in July 2018, when one of the “drug mules,” after traveling a circuitous route through the Caribbean, was stopped by federal agents at PHL with two suitcases containing over 4 kilograms of cocaine. Frazer was waiting at a nearby hotel in Essington, PA, to pick her up at the airport. When he learned that she was stopped by law enforcement, he told her on a phone call to take a cab to the nearest cheap hotel, and at the same time he packed up and abandoned the hotel room five days ahead of schedule. The defendant was unaware that the woman was with federal agents who overheard that call.
The defendant drove out of the hotel parking lot quickly, and a Tinicum Township police officer on routine patrol observe him commit multiple traffic violations. The officer stopped Frazer and searched his vehicle at an on-ramp to Interstate-95, at which point approximately 485 fake oxycodone pills containing fentanyl were found in the gas cap, and a semi-automatic 9 mm Luger handgun loaded with 12 live rounds was found in the trunk. Frazer had a prior felony drug conviction in Arizona and was therefore not permitted to possess a firearm.
“Drug distribution and gun violence are an epidemic in Philadelphia, and the federal government is aggressively prosecuting both in order to be ‘All Hands On Deck’ to get dangerous criminals like this defendant off the streets,” said Acting U.S. Attorney Williams. “Delgado Frazer was a large-scale drug trafficker who exploited women to do the ‘heavy lifting’ of bringing illegal narcotics into our country through Philadelphia and other airports, which puts those communities in grave danger. We want to thank our law enforcement partners in this case, HSI and DEA, for their hard work and dedication.”
“Frazer admitted to organizing an international drug trafficking ring, putting deadly drugs in the hands of those struggling with addictions. HSI is committed to working with its law enforcement partners to ensure that those seeking to make a profit off the vulnerable are arrested to face the consequences of their criminal acts,” said HSI Philadelphia Special Agent in Charge, Brian Michael.
The case was investigated by the Homeland Security Investigations and the Drug Enforcement Administration, and is being prosecuted by Assistant United States Attorney Andrea G. Foulkes.
Owings Mills Man Facing Federal Charges for Conspiracy to Commit Visa Fraud and Aggravated Identity TheftRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Oluwatoyin Aborisade, a/k/a “Thoyinstar”, a/k/a “Toyin”, age 43, of Owings Mills, Maryland, for the federal charges of conspiracy to commit visa fraud, visa fraud, and aggravated identity theft.
The indictment was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Special Agent in Charge Edwin Guard of the Department of State’s Diplomatic Security Service (DSS); and Baltimore District Director Gregory L. Collett of United States Citizenship and Immigration Services-Fraud Detection and National Security (USCIS-FDNS).
According to the 23-count indictment, from approximately December 2017 to October 2020, Aborisade conspired with others to commit visa fraud by presenting false statements and fraudulent immigration documents to the United States Citizenship and Immigration Services.
Aborisade established Phenmick Legal Center LLC and Phenmick Life Support Inc. with the purpose of providing services assisting aliens in immigration-related matters by submitting fraudulent documentation to the USCIS for a fee. Aborisade allegedly gave false, inaccurate, and incomplete legal and immigration advice to alien-clients in order to induce them to retain his services.
The indictment alleges that Aborisade provided monetary compensation to a co-conspirator to facilitate the fraudulent marriage between a U.S citizen and an alien-client of Phenmick Legal Center LLC. Allegedly, Aborisade later assisted in the fraudulent green card application for the alien-client.
The indictment also alleges that Aborisade and a co-conspirator, an employee of Phenmick Legal Center LLC, exchanged emails coordinating the fraudulent editing and falsifying of documents to be submitted in immigration filings to the USCIS, including psychological evaluations.
Allegedly, in an effort to commit visa fraud, Aborisade also provided co-conspirators with sample lease agreements to falsify immigration documentation and evidence that alien-clients had resided with their spouses, when in fact, they had not. As alleged by the indictment, Aborisade submitted at least 12 fraudulent documents to the USCIS.
Lastly, the indictment alleges that Aborisade committed aggravated identity theft by using the identification of real people on fraudulent visas, permits, and other documents without the victims’ permission. Aborisade allegedly used the names, passports, social security numbers, IRS Forms 1040, and a physician’s medical license number in filings with USCIS without their permission.
If convicted, Aborisade faces a maximum sentence of 15 years in federal prison for conspiracy to commit visa fraud, a maximum of 15 years in federal prison for via fraud, and a mandatory minimum of two years in prison, consecutive to any other sentenced imposed, for aggravated identity theft. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Jonathan F. Lenzner commended HSI, DSS, and the USCIS-FDNS for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Mary Setzer who is prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Oklahoma City Man Sentenced to Serve More Than 21 Years in Federal Prison for Fentanyl and Firearms OffensesRead the Press Release
OKLAHOMA CITY – Yesterday, DANIEL DEWAYNE COWNS, 46, of Oklahoma City, was sentenced to serve more than 21 years in federal prison for his involvement in fentanyl distribution and his possession of seven firearms—including several assault weapons—following multiple felony convictions, announced Acting U.S. Attorney Robert J. Troester.
On June 4, 2020, a federal grand jury returned a five-count Indictment charging Cowns with multiple drug and weapons offenses, including possession of more than 400 grams of fentanyl with intent to distribute and illegal possession of firearms by a convicted felon. The charges stemmed from a search warrant executed on Cowns’ residence by Oklahoma Bureau of Narcotics agents. The search resulted in the seizure of almost two pounds of a mixture containing fentanyl, smaller amounts of methamphetamine, nearly $26,000 in cash, and seven firearms—ranging from revolvers to large caliber rifles with extended magazines.
On January 12, 2021, Cowns pleaded guilty to Counts 1 and 4 of the Indictment, charging him with possession of fentanyl with intent to distribute and being a felon in possession of firearms, respectively.
On August 19, 2021, U.S. District Judge Scott L. Palk sentenced Cowns to serve 262 months in federal prison, followed by five years of supervised release. In imposing the sentence, Judge Palk noted the seriousness of the offense, including the dangerousness of fentanyl and the fact that Cowns was keeping these drugs and guns in a house with three minor children. Judge Palk also highlighted Cowns’ significant criminal history, which included multiple felony convictions, when explaining the sentence.
“The callous disregard by Cowns in keeping dangerous and deadly fentanyl, methamphetamine, and firearms around minor children is appalling,” said Acting U.S. Attorney Troester. "We are pleased that Judge Palk took this conduct into consideration in imposing such a stiff sentence. Special thanks to the OBN and ATF agents who worked this case."
This case was the result of a coordinated investigation led by the Oklahoma Bureau of Narcotics, with assistance from the Bureau of Alcohol, Tobacco, Firearms & Explosives. It is also a part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Assistant U.S. Attorney David McCrary prosecuted the case.
Oelwein Man Arrested on Drug Trafficking ChargesRead the Press Release
David Alan Tafolla, age 54, from Oelwein, Iowa, has been charged with one count of conspiracy to distribute a controlled substance, four counts of distribution of a controlled substance, and one count of possession with intent to distribute a controlled substance. The charges are contained in an Indictment that was unsealed on August 16, 2021, in United States District Court in Cedar Rapids.
The Indictment alleges that, between October 2020 and May 2021, Tafolla conspired with others to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, and 50 grams or more of actual (pure) methamphetamine.
The Indictment also alleges that, on April 26, 2021, and on May 24, 2021, Tafolla distributed 50 grams or more of actual (pure) methamphetamine. In addition, the Indictment alleges that on April 21, 2021, and on May 4, 2021, Tafolla distributed 5 grams or more of actual (pure) methamphetamine.
Finally, the Indictment alleges that on May 24, 2021, Tafolla possessed with the intent to distribute 50 grams or more of actual (pure) methamphetamine.
If convicted on all charges, Tafolla faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment without the possibility of parole, a $10,000,000 fine, and a term of supervised release of up to life.
Tafolla appeared today in federal court in Cedar Rapids for a detention hearing, and he is now being held without bond. Tafolla’s trial is set for October 18, 2021.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Special Assistant United States Attorney Devra T. Hake and was investigated by the Oelwein Police Department, the Iowa Division of Narcotics Enforcement, and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-2044.
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Nigerian National Sentenced to 51 Months for Laundering Proceeds of Online Elder ExploitationRead the Press Release
LEXINGTON, Ky. - A Nigerian National residing in Indianapolis, Ismaila Fafunmi, was sentenced to 51 months in federal prison on Friday, by U.S. District Judge Karen Caldwell, for charges related to a money laundering operation, which laundered the proceeds of romance fraud and grant fraud schemes targeting senior citizens.
According to Court records, Fafunmi was involved in a network that was comprised of several layers. The initial layer consisted of scammers using computers in Nigeria who preyed on elderly citizens of the United States by impersonating romantic companions eager to make lasting relationships on dating websites or by offering fake federal grants to senior citizens. For his part, Fafunmi admitted in his Plea Agreement that, beginning in June 2018, he and his co-conspirators would set up fake profiles on dating websites profiling American men, often military members. The purpose of the scams was to defraud United States-based victims of their money.
If the victims sent money by bank deposit, Fafunmi and his co-conspirators would create bank accounts in various names to retrieve the fraudulent funds. Victims also sent money in the form of cash and postal money orders to addresses belonging to Fafunmi and his co-conspirators. Fafunmi and his co-conspirators would retain a portion of the victims’ funds, and then convert the remainder to wire transfers, to be sent back to co-conspirators in Nigeria.
Two victims of the scheme lived in Kentucky. One sent more than $200,000 in funds, gift cards, and electronic devices, to a person she believed to be her boyfriend. Another sent over $170,000, for what she believed to be fees associated with a federal grant. Fafunmi received portions of these funds, kept some of the money, and sent the remainder abroad.
Fafunmi pleaded guilty in August 2020.
Under federal law, Fafunmi must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for 3 years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Edward J. Gray, Acting Special Agent in Charge, FBI, Louisville Field Office, jointly announced the sentence.
The investigation was conducted by the FBI. The United States was represented by Assistant U.S. Attorney Kathryn Anderson.
This case is being prosecuted as part of the Department of Justice’s efforts to identify and prosecute those persons who facilitate elder financial exploitation. The Department of Justice’s Elder Justice Mission, being carried out through the Kentucky Elder Justice Task Force, is to seek justice for victims of elder financial exploitation. Anyone who knows someone who may be a victim of an elder financial exploitation, is encouraged to contact law enforcement.
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New Orleans Man Sentenced to 100 Months for Armed Bank RobberyRead the Press Release
NEW ORLEANS, LOUISIANA – On August 19, 2021, United States District Judge Eldon E. Fallon sentenced JIMMIE POWELL, age 28, to 100 months in the Bureau of Prisons for armed bank robbery, in violation of Title 18, United States Code, Sections 2113(a) and 2113(d), announced U.S. Attorney Duane A. Evans.
On June 25, 2020, POWELL entered the Chase Bank at 1425 North Broad Street in New Orleans. He brandished a firearm at bank employees and took over $52,000 of U.S. currency. POWELL was charged on July 24, 2020 and pled guilty on May 13, 2021 to the one count indictment. Judge Fallon sentenced POWELL to 100 months for that armed bank robbery and he was ordered to pay $52,000 in restitution. Additionally, the Court imposed three years of supervised release upon release from imprisonment and a mandatory $100 special assessment cost.
This case was brought as part of Project Safe Neighborhoods (PSN), which 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.
U. S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigations and the New Orleans Police Department. The prosecution was handled by Assistant United States Attorney Melissa Bücher.
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New Orleans Man Pleads Guilty to a Firearm ViolationRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on Wednesday, August 18, 2021, CHRISTOPHER ARANA, age 27, a resident of New Orleans, Louisiana plead guilty in a one-count Indictment charging him with Possession of a Firearm by a Convicted Felon in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
On August 20, 2020, New Orleans Police Department (“NOPD”) officers were dispatched to a call for service regarding an aggravated battery by shooting in the 1700 block of Eagle Street, New Orleans, Louisiana. The responding NOPD officer was informed that ARANA sustained a gunshot wound to his abdominal area and was transported to a nearby hospital for medical treatment.
The responding officer requested that Real Time Crime Cameras located in the immediate vicinity of the corner store be reviewed to learn what happened during the shooting. While reviewing the camera footage, the officer observed ARANA arrive at the intersection of Eagle Street and Hickory Street on a bike and stand near the entrance of the store. While standing near the door, ARANA was utilizing his cellular telephone. ARANA observed a vehicle approaching him. The occupants of the vehicle, armed with firearms, began to discharge their firearms at ARANA. ARANA retrieved a fully concealed black semiautomatic handgun from his waistband area during the shooting but did not discharge his firearm. After the shooting, ARANA relocated inside the corner store and discarded the firearm to hide firearm from law enforcement.
After the shooting, a store employee recovered the firearm possessed by ARANA, a black Smith and Wesson, model SD40 VE, .40 caliber PISTOL. The firearm contained ten live rounds, one in the chamber, and nine in the magazine.
ARANA is a convicted felon and is prohibited from possessing firearms and ammunition.
ARANA faces a maximum sentence of 10 years imprisonment, a fine up to $250,000.00, a period of supervised release up to 3 years, and a mandatory special assessment fee of $100.00.
United States District Court Judge Jane Triche Milazzo will sentence ARANA on November 24, 2021.
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.
This case was investigated by the New Orleans Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.