Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
10 August 2021
Bloods Gang Member Sentenced for Murder, Robbery, and Drug TraffickingRead the Press Release
NEWPORT NEWS, Va. – A Washington, D.C. man was sentenced today to life in prison for committing murder with a firearm, robbery, and conspiracy to possess and distribute cocaine.
According to court documents, on January 15, 2017, Dawhan Archible, 27, and his co-conspirators, murdered Luke Michael Dudley, 23, with a firearm in the aftermath of a drug deal. Archible is a self-proclaimed “bloods boss” and admitted he has been in the Bloods gang since he was 13 years old.
On the morning of the murder, Archible traded heroin for cocaine, which he then traded with Dudley for what he believed to be Percocet pills. Following the drug transaction, Archible learned that Dudley had provided him fake drugs instead of Percocet. In response, Archible and his co-conspirators broke into Dudley’s rooming house in Newport News and confronted him. Archible directed a co-conspirator to bring a firearm. Archible shot Dudley several times with a 9mm Glock pistol and then handed the gun to his co-conspirator, who also shot Dudley.
Later that afternoon, local law enforcement officers responded to a burglary call and found Dudley deceased from 17 gunshot wounds to the head, torso, and extremities. Archible’s DNA was linked to blood recovered from the scene.
Archible was sentenced to life in prison for the use of a firearm resulting in death. Additionally, he was sentenced to a consecutive term totaling 20 years in prison for robbery and conspiracy to possess and distribute cocaine.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; Charlie J. Patterson, Special Agent in Charge of the ATF’s Washington Field Division; and Steve R. Drew, Chief of Newport News Police, made the announcement after sentencing by U.S. District Judge David J. Novak.
Former Assistant U.S. Attorney Howard J. Zlotnick and Assistant U.S. Attorneys Lisa McKeel and Brian Samuels prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-15.
Birmingham Man Sentenced to More than 16 Years in Prison on Drug and Gun ChargesRead the Press Release
BIRMINGHAM, Ala. – A federal judge today sentenced a convicted felon on drug and gun charges, announced U.S. Attorney Prim F. Escalona and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Mickey French.
U.S. District Judge Annemarie Carney Axon sentenced Raymond Beryl Esters, 29, of Birmingham, to 195 months in prison. Esters pleaded guilty in May to one count of possession of a controlled substance with intent to distribute, one count of possession of a firearm in furtherance of a crime of violence, one count of distributing five grams or more of methamphetamine, and one count of being a felon in possession of a firearm.
“Combatting gun violence is a top priority of my office and the Department of Justice,” U.S. Attorney Escalona said. “Drug-dealing felons who illegally possess firearms are a threat to this community, and we work closely with our federal, state, and local law enforcement partners to arrest and prosecute these offenders.”
“ATF Crime Gun Intelligence partnerships with the Mountain Brook PD and the United States Attorney’s Office focused on reducing the crimes of violence involving a stolen firearm,” ATF Special Agent in Charge Mickey French stated. “This directed investigation will have a lasting impact to the community.”
According to the plea agreement, Mountain Brook Police officers spotted Esters getting out of the driver’s side of a stolen vehicle in August 2019. Esters ran when approached by officers. Officers searched the stolen vehicle and found a Romarm Mini Drayco 7.62x39mm pistol, loaded with 26 rounds of ammunition, a box of twenty rounds of Frontier 5.56 caliber rounds of ammunition, a magazine of 5.56 caliber ammunition, and a black Gucci bag containing methamphetamine, cocaine, and heroin lying next to the pistol in the driver’s side floorboard. Ester later admitted that he knew the firearm was stolen. Esters also admitted that on August 11, 2020, he sold 56 grams of methamphetamine for $1000.
The ATF investigated the case along with the Mountain Brook Police Department and Jefferson County Sheriff’s Office. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Bill of Information Filed Against Postal Worker for Misappropriating FundsRead the Press Release
NEW ORLEANS, LOUISIANA – United States Attorney Duane A. Evans announced SHANNEL SMITH, age 41, of Orleans Parish, Louisiana, was charged on August 10, 2021 in a one-count bill of information for misappropriating postal funds in violation of Title 18, United States Code, Section 1711.
According to court documents, beginning in October 2018 and continuing until August 2019, SMITH, being an officer and employee of the United States Postal Service, did knowingly and willfully convert to her own use money and property coming into her hands and under her control in any manner, in the execution and under the color of her office, employment, and service, of a value in excess of $1,000.00, that is, approximately $1,205.71 in postal money orders.
If convicted, SMITH faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a $100 mandatory special assessment fee and a maximum fine of $250,000.00, based on the charge outlined in the bill of information.
U.S. Attorney Evans stated that the bill of information is merely a charge and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by special agents from the U.S. Postal Service, Office of Inspector General (“USPS-OIG”). The prosecution of this case is being handled by Assistant U.S. Attorney Rachal Cassagne.
Berkeley County woman admits to drug chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Destiny Lee Dabbs, of Martinsburg, West Virginia, has admitted to drug charges, Acting United States Attorney Randolph J. Bernard announced.
Dabbs, 29, pleaded guilty today to one count of “Conspiracy to Distribute Fentanyl and Heroin and Cocaine Base” and one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and Cocaine Hydrochloride.” Dabbs admitted to working with others to distribute fentanyl, heroin, cocaine base, and cocaine hydrochloride from August 2020 to June 2021 in Berkeley County and elsewhere. The combined drug weight was between 40 and 60 kilograms.
Dabbs faces up to 20 years of incarceration and a fine of up to $1,000,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Lara Omps-Botteicher and Timothy D. Helman are prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Bergen County Man Admits Stealing More Than $8.2 Million Worth of HIV MedicationRead the Press Release
NEWARK, N.J. – A Bergen County man today admitted his role in a scheme to steal prescription HIV medication from the Department of Veterans Affairs, Acting U.S. Attorney Rachael A. Honig announced.
Wagner Checonolasco, aka “Wanny,” 34, of Lyndhurst, New Jersey, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging him with conspiring to steal government property.
According to documents filed in this case and statements made in court:
From August 2017 through Nov. 20, 2019, Checonolasco conspired with Lisa M. Hoffman and others to steal HIV medication belonging to the U.S. Department of Veterans Affairs. Hoffman allegedly stole the medication from the pharmacy of her employer, the Veterans Affairs Medical Center (VAMC) in East Orange, New Jersey, and then sold the stolen medication to Checonolasco for cash. Hoffman used her position as a procurement official at the VAMC to order large quantities of HIV prescription medications so that she could steal the excess medication and then sell it to Checonolasco, who then resold it for a profit. Checonolasco and Hoffman stole approximately $8.2 million worth of HIV medication belonging to the VAMC.
The conspiracy charge is punishable by a maximum penalty of five years in prison and a fine of $250,000, or twice the gross gain or loss from the offense, whichever is greatest. Sentencing is scheduled for Dec. 15, 2021.
Hoffman, 48, of Orange, New Jersey, was previously charged in a three-count indictment with conspiracy, theft of government property, and theft of medical products. Those charges remain pending, and she is presumed innocent unless and until proven guilty.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and the U.S. Department of Veterans Affairs Office of Inspector General, Northeast Field Office, under the direction of Special Agent in Charge Christopher F. Algieri, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Nicole F. Mastropieri of the Health Care Fraud Unit in Newark.
Amherst Businessman Charged with Defrauding the Paycheck Protection and Economic Injury Disaster Loan Programs Out of Millions of DollarsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hormoz Mansouri, 67, of Amherst, NY, was charged by criminal complaint with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and money laundering. The charges carry a maximum penalty of 30 years in prison and a $1,000,000.
“This defendant is now part of a growing list of individuals that this Office has charged who sought to steal for themselves money which was intended to assist businesses and employees crippled by the pandemic,” noted U.S. Attorney Kennedy. “The greed exhibited by such individuals in the face of a national crisis is criminal. This Office will remain vigilant in our effort to ensure that taxpayers dollars are spent appropriately, and we will vigorously investigate and charge anyone, like defendant, who fraudulently seeks to obtain or spend emergency federal aid.”
Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, Mansouri filed fraudulent Paycheck Protection Program (PPP) and Economic Injury Disaster Loan (EIDL) loan applications with the Small Business Administration (SBA) and local financial institutions under the Coronavirus Aid, Relief, and Economic Security (CARES Act). Specifically, Mansouri, who controlled eight different business entities, including HLM Holding LLC, El Team Inc., NPTS Inc., 2060 Sheridan Drive LLC, 212 Holden Avenue LLC, 350 Old Niagara Falls Boulevard LLC, 47 East Amherst LLC, and 3600 Harlem Road LLC, applied for 16 different (two per entity) PPP loans and eight different EIDL loans.
As alleged in the complaint, the amount of PPP loans a given entity is entitled to is determined in part by such entity’s average monthly payroll expenses. For each of the 16 PPP loans that the Mansouri-controlled entities obtained, the average monthly payroll was either inflated or completely fabricated. In fact, contrary to the applications submitted, six of the eight entities had no actual employees or payroll expenses at all. Similarly, the Mansouri-controlled entities also made false representations and provided fraudulent documentation in support of EIDL applications. Between March 2020, and May 2021, Mansouri received 16 PPP loans totaling $3,074,000 and seven EIDL loans totaling $450,600. Had Mansouri provided accurate information in support of the applications, his entities would have qualified for significantly smaller loan amounts or no loans at all.
Having fraudulently received over $3,500,000 in PPP and EIDL funds, the defendant is alleged to have engaged in a series of convoluted transactions—during which he moved the loan proceeds between the various business accounts; commingled the proceeds with legitimate business revenues; and transferred the proceeds into different business accounts, personal accounts, a campaign account (in the name of “Mansouri for County Comptroller”), as well as a casino— in order to conceal, disguise, and obscure the source, nature, ownership, control, and location of the funds derived from the fraudulent scheme.
On May 28, 2021, seizure warrants were executed on accounts controlled by the defendant and resulted in the seizure of approximately $1,923,603.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Internal Revenue Service, Criminal Investigation Division, under the direction of Acting Special Agent-in-Charge Thomas Fattorusso.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Alden Man Pleads Guilty to Child Pornography ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.--U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Kidder, 37, of Alden, NY, pleaded guilty before U.S. District Judge Lawrence J. Vilardo to possession of child pornography involving a prepubescent minor. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Caitlin M. Higgins, who is handling the case, stated that on May 24, 2019, the defendant possessed images and videos of child pornography, which were stored on his cellular telephone and other electronic storage media. Kidder obtained the images and videos by downloading them from the internet – specifically the dark web. For example, the defendant visited and downloaded images from a dark website featuring “Hurtcore” materials. The term “Hurtcore” means any image or depiction of violent child pornography.
On January 28, 2020, the FBI executed a search warrant at the defendant’s residence and seized a number of devices and electronic storage media. A forensic review revealed more than 600 images and videos of child pornography, including images that portrayed prepubescent minors, or minors under the age of 12, as well as depictions of violence.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for December 17, 2021, before Judge Vilardo.
# # # #
8 Arrested for Around-The-Clock Crack Cocaine Sales in Times SquareRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, Peter C. Fitzhugh, Special Agent in Charge of Homeland Security Investigations (“HSI”) in New York, and Dermot Shea, Police Commissioner of the City of New York (“NYPD”), announced the unsealing of an indictment today charging eight individuals with participating in a conspiracy to distribute crack cocaine in the vicinity of Times Square. JOHNNY PEREZ, a/k/a “Ghost,” AARON STARKS, a/k/a “Duke,” SEKOU SIMPSON, a/k/a “Tre,” FRED JOHNSON, a/k/a “Trinny,” DAVON MIAL, a/k/a “Smooth,” and DONNELL BRUNS, a/k/a “Mac,” were arrested on Monday evening in the New York area, and will be presented today before U.S. Magistrate Judge Barbara Moses. FRAYVON YOUNG, a/k/a “Harlem” and ROBERT MASON remain at large. The case is assigned to United States District Judge Paul A. Engelmayer.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, the defendants operated a veritable 24-hour open-air bazaar for the sale of crack cocaine in Times Square. We recall the bad old days of a much seedier Times Square that was unwelcoming, and we are committed to working with our law enforcement partners to ensure that those days remain just a memory.”
HSI Special Agent in Charge Peter C. Fitzhugh said: “This crew gave new meaning to the slogan for New York City as the ‘city that never sleeps,’ by allegedly operating a 24-hour drug distribution ring. Working in shifts nearly around the clock, they preyed on the addictions and vulnerabilities of others. HSI New York and our partners at the NYPD worked closely with the U.S. Attorney’s Office for the Southern District of New York to ensure that those arrested today will face the full weight of our justice system and be held accountable for the actions of their criminal enterprise.”
NYPD Commissioner Dermot Shea said: “Our officers work night and day to keep every corner of New York free from the scourge of illegal narcotics, including in the crossroads of the world. Today’s federal indictment highlights the continuing commitment our NYPD investigators, prosecutors from the United States Attorney’s Office from the Southern District of New York and law enforcement partners have to that continuing mission.”
As alleged in the Indictment[1] unsealed today in Manhattan federal court and in other court papers and proceedings:
Between at least December 2019 and August 2021, the defendants sold crack cocaine nearly around-the-clock in the vicinity of 43rd Street and 8th Avenue in Manhattan, near Times Square. One ‘shift’ arrived in the late morning and made sales through the late afternoon, and then other defendants arrived and sold through the evening and nighttime. Although there was no set composition of defendants for the two shifts, defendant AARON STARKS was often present and overseeing the first shift, and defendant JOHNNY PEREZ was often present and overseeing the second shift.
An undercover law enforcement officer purchased quantities of crack cocaine from the defendants on dozens of occasions, including multiple purchases from each defendant. Law enforcement surveillance showed nearly continuous sales from the late morning through the nighttime and shift changes. In addition, surveillance video from the vicinity of 43rd Street and 8th Avenue showed the defendants conducting hundreds of hand-to-hand sales of crack cocaine. For example, during a period of 11 days in March and April 2021, the defendants conducted more than 650 hand-to-hand sales. In January 2020, law enforcement officers arrested STARKS in the Times Square area and seized from him approximately 312 capsules of crack cocaine and 52 twists of crack cocaine.
* * *
PEREZ, 37, of the Bronx, New York, STARKS, 36, of the Bronx, SIMPSON, of Brooklyn, New York, JOHNSON, 43, of Manhattan, MIAL, 32, of the Bronx, YOUNG, 34, of the Bronx, MASON, 39, of the Bronx, and BRUNS, 42, of the Bronx, are each charged with one count of conspiracy to distribute and possess with intent to distribute 280 grams and more of mixtures and substances containing a detectable amount of crack cocaine. That charge carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as the sentencing of the defendants will be determined by a judge.
Ms. Strauss praised the outstanding investigative work of HSI and the NYPD.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Christy Slavik and Kedar S. Bhatia are in charge of the prosecution.
The charges in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
11 Members and Associates of the Folk Nation Gangster Disciples Charged with Multiple Shootings and Related Firearms Offenses in BrooklynRead the Press Release
A 20-count superseding indictment was unsealed today in federal court in Brooklyn charging Oluwagbenga Agoro, Lorenzo Bailey, Quincy Battice, Davon Brown, Hans Destine, Jean Fremont, Ricardo Hepburn, McKoy Lima, Triston Lawrence, Deryck Thompson and Michael Williams with violent crimes in-aid-of racketeering — including attempted murder and related firearms offenses. As alleged in the indictment, the defendants are members and associates of the Folk Nation Gangster Disciples, also known as “GD.” Bailey, Destine, Fremont, and Thompson are leaders of the No Love City (“NLC”) subset of GD, with Destine and Fremont serving on NLC’s five-member “Steering Committee” — its top leadership. Additionally, during the execution of search warrants this morning, investigators recovered three firearms at Destine’s residence, one firearm at Lawrence’s residence, one from Thompson’s residence and one from Bailey’s residence in Georgia.
Destine, Fremont, Hepburn, Lawrence, Lima, Thompson and Williams were arrested this morning in Brooklyn and are scheduled to be arraigned this afternoon before United States Magistrate Judge Sanket J. Bulsara. Bailey and Battice were arrested this morning in Atlanta, Georgia, and are scheduled to be arraigned this afternoon before United States Magistrate Judge Catherine M. Salinas at the federal courthouse in Atlanta. Agoro and Brown were already in federal custody on prior charges and will be arraigned at a later date.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Jacqueline Maguire, Acting Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Eric Gonzalez, District Attorney, Kings County District Attorney’s Office (KCDA), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the arrests and charges.
“As the indictment makes clear, violent street gangs like the Folk Nation Gangster Disciples can commit a shocking amount of violence and inflict a tremendous amount of harm, which endangers entire communities if left unchecked,” stated Acting United States Attorney Kasulis. “This Office and its federal, state and local law enforcement partners will spare no effort in targeting and prosecuting violent individuals and street gangs that intentionally wreak havoc in our communities by possessing and wantonly discharging loaded weapons with no regard for human life. Street gangs in Brooklyn should be on notice that we will use every resource available to rid our communities of this needless violence.” Ms. Kasulis expressed her grateful appreciation to the FBI/NYPD Metro Safe Streets Task Force, the NYPD’s Gun Violence Suppression Division, and the Kings County District Attorney’s Office for their outstanding work and assistance in this investigation and prosecution.
“Two gang takedowns over the past two days demonstrates our commitment to pursue the violent criminals who choose to terrorize our communities,” stated FBI Acting Assistant Director-in-Charge Maguire. “The litany of crimes we allege in this case is demonstrative of the fear and frustration facing far too many New York City communities. Our work through the FBI/NYPD Metro Safe Streets Task Force will continue relentlessly until residents can feel safe again.”
“This important takedown is part of our multi-pronged and ongoing strategy of focusing on the most violent offenders in our community, who are largely responsible for the surge in shootings we experienced last summer. With today’s arrests, leaders of a dangerous street gang have been incapacitated, which I believe will have a positive impact on public safety in Brooklyn. I’m grateful to the U.S. Attorney’s Office, the FBI, the NYPD and my prosecutors for their outstanding work on this investigation. We will continue to work together in partnership and use every law enforcement resource available to us to help drive down gun and gang violence,” stated KCDA Gonzalez.
“Targeting and dismantling gangs and crews, and preventing the violence so often associated with their illegal activities, continues to be among the highest priorities for the NYPD and our law enforcement partners. We remain relentless in our efforts to identify, arrest, and prosecute anyone who involves themselves in violence on our streets,” stated NYPD Commissioner Shea.
As alleged in the indictment and other court filings, the charges relate to seven non-fatal shootings committed in Brooklyn over the course of 2020 in which six individuals were wounded.
The March 14, 2020 Shooting
As alleged, on March 14, 2020, Brown was involved in the shooting of a victim for perceived disrespect towards GD. An individual with the victim threw a drink inside the Gold Room Restaurant and Lounge in Prospect Lefferts Gardens, splashing a person standing with Brown. An argument ensued, and the victim, a Crips gang member, flashed a gang sign known as “dropping the rake” — a gesture intended to be insulting to GD. The argument continued outside the bar where Brown displayed a gun and fired a shot into the air. Brown then handed the gun to a coconspirator who walked behind the victim and shot the victim in the buttocks at close range. The gun was recovered by law enforcement and Brown’s DNA was found on the weapon.
The July 24, 2020 Shooting
As alleged, on July 24, 2020, Michael Williams was involved in the shooting of two individuals in Prospect Park South. On the previous evening, a member of GD had been shot and Williams and others took him to the hospital. After leaving the hospital, Williams and other members of GD retaliated against the Crips gang by driving to an area of Brooklyn they believed to be Crip territory where Williams and another gunman opened fire into a crowd of people, wounding two victims in the knee and chest.
The August 2, 2020 Shooting
On August 2, 2020, Lawrence allegedly shot at a Crips gang member in Prospect Lefferts Gardens. Prior to the shooting, the intended target of the shooting had been walking through a part of Prospect Lefferts Gardens known as GD territory while broadcasting himself on Instagram Live mocking GD. Immediately after the shooting, Lawrence sent an encrypted message to Brown using the Telegram encrypted application stating that he had just “boomed at” the intended target.
The November 2020 Shootings
As alleged, on November 7 and 9, 2020, Agoro, Bailey, Battice, Destine, Fremont, Hepburn, Lima and Thompson engaged in four separate drive-by shootings in Canarsie, Prospect Park South, and Brownsville, during which three victims were wounded. In the first November 7 shooting, Agoro, Bailey, Battice, Fremont and Thompson drove to Canarsie, where they shot at a group of individuals. The defendants then drove back to Thompson’s residence, before setting out again for a second shooting in Canarsie, during which two individuals were wounded in their legs. On November 9, 2020, Agoro, Destine, Hepburn and Thompson drove to Prospect Park South, where they shot at a group of individuals but did not hit anyone. Later that same day, Agoro, Fremont, Hepburn, Lima and Thompson drove to Brownsville for another shooting, where one victim was shot in the shoulder and grazed in her back.
These indictments are part of a coordinated effort to dismantle the Brooklyn sets of GD and their leadership by federal and state authorities, including the United States Attorney’s Office for the Eastern District of New York, the KCDA, the Joint FBI-NYPD Safe Streets Task Force, and the NYPD’s Gun Violence Suppression Division. As part of the federal-state initiative, the United States Attorney’s Office for the Eastern District of New York and the KCDA have brought multiple prosecutions against members and associates of GD.
The charges in the indictments are allegations, and the defendants are presumed innocent unless and until proven guilty.
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.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Jonathan Siegel and Kayla C. Bensing along with Special Assistant United States Attorneys Gillian DiPietro and James Slattery are in charge of the prosecution.
The Defendants:
OLUWAGBENGA AGORO (also known as “Gee Banga”)
Age: 21
Brooklyn, New YorkLORENZO BAILEY (also known as “Renzo” and “St. Clair Bailey”)
Age: 32
Brooklyn, New YorkQUINCY BATTICE (also known as “Hush Dinero” and “George Ayala”)
Age: 32
Brooklyn, New YorkDAVON BROWN (also known as “Chico Dinero”)
Age: 27
Brooklyn, New YorkHANS DESTINE (also known as “YL Flocks”)
Age: 30
Brooklyn, New YorkJEAN FREMONT (also known as “Juno” and “Bigga Twirl”)
Age: 30
Brooklyn, New YorkRICARDO HEPBURN (also known as “Riko Floxks”)
Age: 19
Brooklyn, New YorkTRISTON LAWRENCE (also known as “Birdy Flock”)
Age: 27
Brooklyn, New YorkMcKOY LIMA (also known as “Mak”)
Age: 26
Brooklyn, New YorkDERYCK THOMPSON (also known as “Benzo,” “DBenzo” and “Kenzie”)
Age: 22
Brooklyn, New YorkMICHAEL WILLIAMS (also known as “Mikey Floxks” and “Mikey Gzz”)
Age: 19
Brooklyn, New YorkE.D.N.Y. Docket Nos. 20-CR-293 (S-1) (WFK)
9 August 2021
Waterloo Man Sentenced to over a Decade in Federal Prison for Unlawfully Possessing Firearms as a FelonRead the Press Release
A man who unlawfully possessed a loaded handgun while awaiting sentencing on another federal firearms offense was sentenced today to 92 months in federal prison. The court ordered the sentence to be served consecutively to a sentence imposed in November 2019 for another felon in possession conviction, meaning the entire sentence imposed for both offenses is more than 11 years in prison.
Shevin Caston, age 30, from Waterloo, Iowa, received the prison term after a guilty plea to possessing a firearm as a felon. Statements at sentencing indicated that, just six days prior to being sentenced in federal court on another felon in possession conviction, Caston possessed the loaded weapon while in the backseat of a car in Waterloo.
Caston was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system. Caston is being held in the United States Marshal’s custody until he can be transported to a federal prison.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case was prosecuted by Assistant United States Attorney Jake Schunk and investigated by the Waterloo Police Department and the Federal Bureau of Investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number for this matter is 20-CR-2033-CJW-MAR. The case file number for the previous matter involving this defendant is 19-CR-2032-CJW-MAR.
Follow us on Twitter @USAO_NDIA.
Unlawful Drug User Sentenced to over Eight Years in Federal Prison for Possessing a GunRead the Press Release
An unlawful drug user who possessed a handgun was sentenced today to more than eight years in federal prison.
Oluwadurotim Orebiyi, age 29, from Florissant, Missouri, received the prison term after a May 20, 2019 guilty plea to one count of being an unlawful drug user in possession of a firearm.
Information from the guilty plea and sentencing hearings showed that Orebiyi, who was an unlawful user of marijuana, possessed a gun that was found by Waterloo, Iowa, police during a traffic stop. After pleading guilty to that offense, Orebiyi was pending sentencing in December 2019, but he failed to appear for sentencing. Six days after his scheduled sentencing, he was arrested in Missouri after pounding on a residence door to try and get it, threatening to kill the person inside, and firing two rounds through the door.
Orebiyi was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Orebiyi was sentenced to 103 months’ imprisonment. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
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.
Orebiyi 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 Jacob Schunk and Tony Morfitt and investigated by a Federal Task Force composed of the Waterloo Police Department, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 18-CR-2072.
Follow us on Twitter @USAO_NDIA.
Two Men Plead Guilty to Attempted Murder of Federal AgentsRead the Press Release
DETROIT - Two men have pleaded guilty to Attempted Murder of Federal Agents, announced Acting United States Attorney Saima Mohsin.
Mohsin was joined in the announcement by Keith Krolczyk, Acting Special Agent in Charge of the Detroit Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Kevin Keshawn Young, a/k/a “Gucci,” 24, of Detroit, and Aaron Marquis Shooks, a/k/a “Boogey,” 23, of Detroit, pleaded guilty to Attempted Murder of Federal Agents before United States District Court Judge Sean F. Cox on August 4, 2021, for their roles in shooting at two ATF agents on April 15, 2019, on Detroit’s east side. Both men are scheduled to be sentenced on December 8, 2021.
According to court records, Defendant Aaron Shooks and other members/associates of a gang known as the OES 187 Head Hunters (“OES”) were involved in two shootings. The first was a shootout in front of St. John’s Hospital, which was part of an ongoing, violent feud between OES and a gang known as Block Squad. Shortly after, Shooks, who was driving, went to pick up more people. After getting back on the road, one of the passengers—Defendant Kevin Young—got out of the car and fired eleven shots at ATF agents in an unmarked vehicle who were investigating the earlier shooting. Young claimed he thought he was shooting at rival gang members rather than law enforcement.
Kevin Young entered into a plea agreement that calls for a minimum sentence of ten years and a maximum of 15 years in prison. Aaron Marquis Shooks entered into a plea agreement that calls for a minimum sentence of ten years and a maximum of 13 years in prison.
“Every day our law enforcement officers put their lives on the line and risk personal injury to protect our citizens from senseless violence,” said Acting United States Attorney Saima Mohsin. “When officers or agents are assaulted while performing those duties, the perpetrators can expect that every resource of this office will be used to prosecute them to the fullest extent of the law, and to seek justice.”
“Our special agents and other law enforcement officers risk their personal safety everyday doing their job, protecting the public and enforcing the law, to make our community safe. We are proud of them and their unrelenting professionalism.” commented ATF Acting Special Agent in Charge Keith Krolczyk Detroit Field Division. “We continue to be thankful to United States Attorney’s office for their partnership in the fight against violent offenders.”
The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorneys Alyse Wu, Eric Straus and Robert Moran are prosecuting the case.Stanislaus County Woman Sentenced for Using Her Sister’s Social Security Number to Hide Employment Income from the Social Security AdministrationRead the Press Release
FRESNO, Calif. — Linda Expose, 56, of Salida, was sentenced today by U.S. District Judge Dale A. Drozd to two years in prison for aggravated identity theft, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, over the course of two decades Expose unlawfully received over $170,000 in Social Security benefit payments. Expose received those benefits under her own Social Security number while she also earned employment income under her sister’s Social Security number. Her scheme concealed her wages from the Social Security Administration. That unreported income would have rendered her ineligible for a significant portion of the Social Security benefits that she received. After years of collecting both sources of income, Expose then tried to file for Social Security benefits under her sister’s Social Security number. Expose pleaded guilty on Jan. 22, 2020.
“This sentence sends a clear message that individuals who attempt to cheat federally funded programs risk significant consequences,” said Acting U.S. Attorney Talbert. “These programs provide vital support to deserving members of our society, and our office will continue to protect them.”
“We will continue to pursue those who misuse the Social Security number of others. This individual abused Social Security disability benefits and stole Supplemental Security Income — money that is intended as a critical safety net for those in need,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I thank the U.S. Attorney’s Office for their efforts in prosecuting this case and holding this individual accountable.”
This case was the product of an investigation by the Social Security Administration Office of the Inspector General. Assistant U.S. Attorneys Justin J. Gilio and Henry Carbajal prosecuted the case.
Six People Charged with Crimes Related to Fraudulent Loan SchemeRead the Press Release
CONCORD – Six individuals have been charged in federal court in New Hampshire with participating in a fraudulent loan scheme, Acting United States Attorney John J. Farley announced today.
An indictment returned by a federal grand jury alleges that between January and July of 2019, the defendants executed a scheme to defraud several financial institutions in New Hampshire. The defendants applied for and obtained multiple loans to purchase cars purportedly sold by Allied Imports, a Manchester car wholesaler, and Cap’s Auto Sales, a Manchester car retailer. Solomon Yarteh was the President of Allied Imports and Robesteur St. Felix was the CEO of Cap’s Auto Sales. The indictment alleges that the sales were fraudulent because the defendants never owned or greatly inflated the value of the cars. In total, the defendants allegedly defrauded the financial institutions of several hundred thousand dollars. According to the indictment, some defendants then transferred, wired, or withdrew the fraudulently obtained loan proceeds in violation of federal anti-money laundering laws.
Those charged in the indictment are:
Solomon Yarteh, 47, of Sierra Leone;
Robesteur St. Felix, 46, of Manchester, New Hampshire;
Niurka Lebron, 44, previously of Boston, Massachusetts;
Donna Marie Silva, 43, of Lowell, Massachusetts;
Arthur Beckett, 35, of Covington, Georgia; and
Amara Jalloh, 41, of Sierra Leone.
All six have been charged with bank fraud. Yarteh, St. Felix, and Silva also are charged with money laundering offenses.
Defendants St. Felix, Silva, and Beckett each have been arrested and released pending trial, which has been scheduled for October 5, 2021. The remaining three defendants have not yet been arrested.
The case was investigated by the United States Secret Service and United States Postal Inspection Service, with assistance from the New Hampshire Banking Department. The case is being prosecuted by Special Assistant United States Attorney Alexander S. Chen and Assistant United States Attorney Charles L. Rombeau.
The charges in the indictment are only allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
###
Sheriff of Franklin County, Arkansas Found Guilty of Assaulting Two Individuals in CustodyRead the Press Release
A federal jury convicted the Sheriff of Franklin County, Arkansas today on two counts of deprivation of rights under color of law.
According to court documents and evidence presented at trial, Anthony Boen, 51, of Ozark, used unreasonable force to punish pretrial detainees on two separate occasions. On Dec. 3, 2018, Boen struck a detainee multiple times in the head with a closed fist while the detainee was sitting on the floor and shackled to a bench inside the Franklin County Jail. On Nov. 21, 2018, Boen slammed a detainee onto the floor and ripped his hair during an interrogation. Both detainees suffered bodily injury as a result of Boen’s actions.
“The defendant abused his power as the top law enforcement officer in Franklin County, Arkansas, by assaulting people in his custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute officers who abuse their authority to make clear that no one is above the law.”
“Anthony Boen swore an oath to support the United States Constitution and the State of Arkansas Constitution,” said Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas. “His actions clearly violated not only the civil rights of these individuals but also the trust of the people of Franklin County. Cases like this are very important to our office because they involve the most personal and basic of civil rights: the rights to be protected and unharmed while in the custody of law enforcement officers. Today’s guilty verdict shows that justice will prevail in cases where a person’s civil rights are violated. We will continue to vigorously pursue cases involving the violation of basic civil rights that should be afforded to everyone.”
“The vast majority of law enforcement officers in the United States steadfastly protect and serve their communities,” said Special Agent in Charge James Dawson of the FBI Little Rock Field Office. “When officers charged with enforcing the law break their oaths and violate the rights of others, they gravely injure the public’s trust in law enforcement. Our FBI office remains committed to upholding the public’s trust by investigating all allegations of civil rights violations throughout Arkansas.”
The FBI investigated the case.
Assistant U.S. Attorney Brandon T. Carter and Civil Rights Division Trial Attorney Michael J. Songer prosecuted the case.
Related court documents may be found on the Public Access to Electronic Records website at www.pacer.gov.
Sheriff of Franklin County, Arkansas Found Guilty of Assaulting Two Individuals in CustodyRead the Press Release
FORT SMITH – A federal jury convicted the Sheriff of Franklin County, Arkansas today on two counts of deprivation of rights under color of law.
According to court documents and evidence presented at trial, Anthony Boen, 51, of Ozark, used unreasonable force to punish pretrial detainees on two separate occasions. On Dec. 3, 2018, Boen struck a detainee multiple times in the head with a closed fist while the detainee was sitting on the floor and shackled to a bench inside the Franklin County Jail. On Nov. 21, 2018, Boen slammed a detainee onto the floor and ripped his hair during an interrogation. Both detainees suffered bodily injury as a result of Boen’s actions.
“Anthony Boen swore an oath to support the United States Constitution and the State of Arkansas Constitution,” said Acting U.S. Attorney David Clay Fowlkes of the Western District of Arkansas. “His actions clearly violated not only the civil rights of these individuals but also the trust of the people of Franklin County. Cases like this are very important to our office because they involve the most personal and basic of civil rights: the rights to be protected and unharmed while in the custody of law enforcement officers. Today’s guilty verdict shows that justice will prevail in cases where a person’s civil rights are violated. We will continue to vigorously pursue cases involving the violation of basic civil rights that should be afforded to everyone.”
“The defendant abused his power as the top law enforcement officer in Franklin County, Arkansas, by assaulting people in his custody,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to vigorously prosecute officers who abuse their authority to make clear that no one is above the law.”
“The vast majority of law enforcement officers in the United States steadfastly protect and serve their communities,” said FBI Little Rock Special Agent in Charge James Dawson. “When officers charged with enforcing the law break their oaths and violate the rights of others, they gravely injure the public’s trust in law enforcement. Our FBI office remains committed to upholding the public’s trust by investigating all allegations of civil rights violations throughout Arkansas.”
The FBI investigated the case.
Assistant U.S. Attorney Brandon T. Carter and Civil Rights Division Trial Attorney Michael J. Songer prosecuted the case.
Related court documents may be found on the Public Access to Electronic Records website at www.pacer.gov.
###
Schenectady Woman Pleads Guilty to Heroin Charges and Possession of a Defaced FirearmRead the Press Release
ALBANY, NEW YORK – Nakia Barber, age 46, of Schenectady, New York, plead guilty today to unlawfully possessing a defaced firearm, and to possessing with intent to distribute and distributing heroin. The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of her guilty plea, Barber admitted that she possessed a defaced Walther P22 .22 caliber pistol, and possessed and distributed heroin on October 30, 2018.
Barber faces a maximum sentence of 20 years in prison, a fine of up to $1 million, and a term of supervised release of at least 3 years and up to life when she is sentenced by United States District Judge Mae A. D’Agostino. on December 7, 2021. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the ATF and the Schenectady County Sherriff’s Office, and is being prosecuted by Assistant United States Attorney Alexander P. Wentworth-Ping.
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.
San Diego Gang Member Sentenced to 15 Years in Prison for Dealing Methamphetamine and Heroin While Armed with Loaded FirearmRead the Press Release
SAN DIEGO – Jason John Clipper, aka “Smokey,” a member of the East Side San Diego criminal street gang with ties to the Mexican Mafia prison gang, was sentenced today in federal court to 15 years in prison for unlawfully possessing a firearm, possessing methamphetamine and heroin with the intent to distribute, and possessing a firearm in furtherance of a drug trafficking offense.
Clipper was arrested on March 17, 2018, after San Diego County Probation officers found him in possession of approximately 20 grams of methamphetamine, 8 grams of heroin, and a loaded firearm. At the time of his arrest, Clipper was on Post Release Community Supervision (“PRCS”) for a previous narcotics and firearm conviction in the California Superior Court. In October 2019, Clipper proceeded to trial and was convicted on all charges.
While pronouncing the sentence today, U.S. District Court Judge John A. Houston commented that the “jury got it right” and that Clipper had been a “pox on the community” for the entirety of his adult life. Clipper’s 15-year prison sentence will be followed by four years of supervised release. Clipper was also ordered to forfeit the firearm and ammunition to the United States.“Our office collaborates with state and local law enforcement partners to identify cases where federal enforcement is the most effective way to reduce gun crime,” said Acting U.S. Attorney Randy Grossman. “The sentence issued today accomplished the goals of DOJ’s Project Safe Neighborhoods (PSN) program, which is designed to take the most violent offenders off the streets.” Grossman commended the diligent work of Assistant U.S. Attorneys Andrew Haden and Kareem Salem and the federal and local law enforcement partners who assisted with this matter.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
SUMMARY OF CHARGES
Felon in Possession of a Firearm, in violation of Title 18, U.S.C. Section 922(g) Maximum Penalty: 10 years; 3 years supervised releasePossession of Methamphetamine with Intent to Distribute, in violation of Title 21, U.S.C. Section 841 (a)(1) Maximum Penalty, based on drug amounts: Up to 40 years in prison; 5 year mandatory minimum
Possession of Heroin with Intent to Distribute, in violation of Title 21, U.S.C. Section 841 (a)(1) Maximum Penalty, based on drug amounts: Up to 40 years in prison; 5 year mandatory minimum
Possession of firearm in furtherance of a crime of violence, in violation of Title 18, U.S.C. Section 924(c) Maximum Penalty: 60 months mandatory consecutive sentence
DEFENDANT Case Numbers: 18CR2874-JAH
Jason John Clipper, age 43
INVESTIGATING AGENCIES
Bureau of Alcohol, Tobacco, Firearms, and Explosives
County of San Diego Sheriff’s Department
San Diego Police Department
San Diego District Attorney’s Office
Rochester Woman Sentenced to A Year in Prison and Ordered to Pay Restitution for Her Role in Arsons During May 2020 Violent ProtestsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Mackenzie Drechsler, 20, of Rochester, NY, who was convicted of rioting for her role in violent protests held in the City of Rochester in May 2020, was sentenced by U.S. District Judge David G. Larimer to serve one year and one day in prison, two years of supervised release, and restitution totaling $8,674, $3,775 to the City of Rochester, and $4,899 to the N.Y. State Attorney General’s Office.
Assistant U.S. Attorney Cassie M. Kocher, who handled the case, stated that on May 30, 2020, Rochester Police Department (RPD) officers were assigned to assist with crowd control during protests scheduled at the Public Safety Building (PSB) on Exchange Boulevard. During the late-afternoon/early evening, those protests, being held in response to the death of George Floyd in Minneapolis, Minnesota, turned violent and resulted in vandalism, damaged property, looting, and fires.
At approximately 6:00 p.m. on May 30th in downtown Rochester, Dreschler assisted others in attempting to light fabric on fire. The fabric was stuffed into the gas tank of a parked car belonging to the City of Rochester Family Crisis Intervention Team (FACIT). At approximately 6:20 p.m., the FACIT car began to smoke and shortly thereafter became engulfed in flames. The car was a total loss. Dreschler also set fire to an official vehicle owned by the New York State Attorney General’s Office, after crouching down, placing cardboard inside the vehicle and then walking away. Approximately one minute later, smoke began billowing from the car, and as the fire grew, the car became engulfed in flames. The car was a total loss. Following her actions in the burning of the two cars, Drechsler also participated in breaking glass during looting that took place.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito, New York Field Division; the Rochester Police Department, under the direction of Chief Cynthia Herriott-Sullivan; the Gates Police Department, under the direction of Chief James VanBrederode; the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter; the New York State Police, under the direction of Major Barry Chase; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Monroe County District Attorney’s Office, under the direction of District Attorney Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team, under the direction of Lieutenant Robert Hill; and the Rochester Fire Department, under the direction of Fire Chief Felipe Hernandez, Jr.
# # # #
Rhode Island, Massachusetts Healthcare Provider Resolves Allegations of Discriminatory PracticesRead the Press Release
PROVIDENCE, R.I. – The United States Attorney’s Offices in the Districts of Rhode Island and Massachusetts, and the Department of Health and Human Services (HHS), announced today that they have reached agreement with twelve skilled nursing facilities in Rhode Island and Massachusetts operated by Genesis HealthCare Inc, to resolve allegations that the facilities denied admission to prospective residents because they were taking an FDA-approved medical treatment to treat Opioid Use Disorder (OUD), in violation of the Americans with Disabilities Act (ADA), the Patient Protection and Affordable Care Act, and the Rehabilitation Act.
The investigation was opened after the U.S. Attorney’s Offices received complaints alleging that individuals were denied admission to Genesis facilities located in Rhode Island and Massachusetts because they were being treated with buprenorphine or methadone, medications used to treat OUD. Many individuals receiving medication to treat OUD have a disability under federal civil rights laws. The complainants were seeking admission for health issues unrelated to their dependency, but also needed the facilities to administer medication for OUD, as they would administer any other medication for any other chronic illness. In cooperation with the U.S. Attorney’s Offices, HHS initiated an investigation to determine whether, and to what extent, these facilities were refusing to admit individuals taking medication to treat OUD.
Under the terms of the agreement, the twelve skilled nursing facilities operated by Genesis HealthCare in Rhode Island and Massachusetts will, among other things, adopt a non-discrimination policy, and provide training on federal civil rights laws and OUD to admissions personnel. The company will also pay a civil penalty of $60,000. $50,000 of the penalty will be suspended and forgiven if the Genesis designated facilities comply with the terms of the agreement.
“As Rhode Island and the rest of the country continues to confront an overdose crisis, individuals in recovery should never have to face discriminatory barriers to healthcare,” said Acting United States Attorney for the District of Rhode Island Richard Myrus. “Elimination of these discriminatory barriers is not only a right under federal civil rights laws, it can be a matter of life and death. We appreciate Genesis’s cooperation in modifying its policies for compliance with the ADA, and we encourage other skilled nursing facilities to proactively do the same.”
“The ADA is the law of the land, and the ADA makes it illegal to discriminate against people with disabilities – including Opioid Use Disorder,” said Acting United States Attorney for the District of Massachusetts Nathaniel R. Mendell. “All providers must comply with the ADA, and we are happy to vindicate the rights of those in recovery by protecting their fair access to necessary treatment.”
“Secretary Becerra has made advancing the goal of ending the Opioid Crisis a key priority for HHS, particularly since the COVID-19 pandemic has exacerbated this deadly crisis. This agreement and the steps that Genesis is taking across its facilities advances this important goal by ensuring civil rights laws protect healthcare access for people who are in treatment for Opioid Use Disorder,” said HHS Acting OCR Director Dr. Robinsue Frohboese.
This matter was handled by Assistant U.S. Attorney Amy Romero in the District of Rhode Island, Assistant U.S. Attorney Sara Bloom in the District of Massachusetts, and HHS Supervisory Equal Opportunity Specialist Erin Walker.
The U.S. Attorney’s Offices for the District of Rhode Island and Massachusetts are committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about the Americans with Disabilities Act may access www.ada.gov, visit the web site of the United States Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TTY).
Information about filing a complaint in Rhode Island, including instructions for filing a complaint online, can be found at https://www.justice.gov/usao-ri/civil-rights-enforcement.
###
Philadelphia man sentenced to 10 years for role in cocaine, heroin, and fentanyl distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Leroy Raymond Griffin, of Philadelphia, Pennsylvania, was sentenced today to 120 months of incarceration for his role in a cocaine, heroin, and fentanyl distribution operation, Acting U.S. Attorney Randolph J. Bernard announced.
Griffin, age 41, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin” in October 2019. Griffin admitted to distributing heroin in Berkeley County in December 2018.
Assistant U.S. Attorney Lara K. Omps-Botteicher, Special Assistant U.S. Attorney C. Lydia Lehman, also with the Berkeley County Prosecuting Attorney’s Office, and Assistant U.S Attorney Timothy D. Helman, prosecuted the case on behalf of the government. The Federal Bureau of Investigation; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; the Berkeley County Prosecuting Attorney’s Office, the Berkeley County Sheriff’s Office, the Jefferson County Sheriff’s Office, the Martinsburg Police Department, the Charles Town Police Department, and the Ranson Police Department investigated.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Chief U.S. District Judge Gina M. Groh presided.
Modesto Men Plead Guilty to Drug ConspiracyRead the Press Release
FRESNO, Calif. — Modesto residents Genaro Serrato Calles, 49, and Antonio Valencia Hernandez, 65, pleaded guilty today to conspiring to distribute methamphetamine and heroin, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Serrato and Valencia, along with Antonio Castellanos, 38, of Whittier, and Jose Reyes Pineda, 48, of Anaheim, were charged with conspiring over a two-year period to distribute methamphetamine and heroin in Stanislaus and San Joaquin Counties. In pleading guilty, Serrato acknowledged that he supplied heroin to Valencia for distribution and also had Valencia pick up about 11 pounds of methamphetamine from Reyes in Anaheim for distribution in Modesto. Serrato also made arrangements with Castellanos to store and repackage for distribution about 20 pounds of methamphetamine at a stash house in Modesto.
This case is the product of an investigation by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; the San Joaquin County Metropolitan Narcotics Task Force; the Stanislaus Drug Enforcement Agency; and the Orange County Sheriff’s Special Investigations Bureau. Assistant U.S. Attorneys Karen Escobar and Melanie Alsworth are prosecuting the case.
Serrato and Valencia are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Nov. 8, 2021. Castellanos previously entered a guilty plea to the drug conspiracy and is scheduled to be sentenced on Oct. 18, 2021. Serrato and Valencia face a maximum statutory penalty of life in prison, a statutory mandatory minimum prison term of 10 years, and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Members of Brooklyn-Based “Ninedee Gang” Indicted for Racketeering and the Murder of a Former Federal WitnessRead the Press Release
Earlier today, a nine-count superseding indictment was unsealed in federal court in Brooklyn charging four members of the Ninedee Gang, a violent street gang based at the Louis H. Pink Houses (“Pink Houses”) in East New York, with racketeering, murder in-aid-of racketeering, drug trafficking, firearms offenses and robbery. The new charges were announced against defendants Quintin Green, Chayanne Fernandez, Maliek Miller and Kevin Wint. Green and Wint were arrested this morning and will be arraigned this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. Fernandez and Miller were already in federal custody as a result of prior charges and will be arraigned at later date.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, Jacqueline Maguire, Acting 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 arrests and charges.
“It is our hope that today’s charges against members of the Ninedee Gang bring some solace to the family of Shatavia Walls as we seek justice for her senseless, cold-blooded murder,” stated Acting United States Attorney Kasulis. “This Office and its law enforcement partners are committed to ending the brutality that violent gangs so wantonly inflict on citizens in our communities. I commend the FBI special agents and the NYPD detectives for their relentless investigative work on the case.”
“This investigation serves as a warning to criminals who behave as if there are no consequences to their actions. We have the ability in the federal criminal justice system to put these violent gang members away for a long time, and we will persist in our efforts to get them off the streets. Our outstanding partnership with the NYPD allows us to pursue the most violent and persistent offenders and hold them accountable for their blatant disregard for human life and safe communities,” stated FBI Acting Assistant Director-in-Charge Maguire.
“The NYPD remains committed to providing every resource possible to dismantling the violent gangs and crews that prey on New Yorkers. I commend our police investigators and the prosecutors in the United States Attorney’s Office for the Eastern District of New York for leading us to justice with this federal indictment,” stated NYPD Commissioner Shea.
As detailed in the superseding indictment and court filings, the Ninedee Gang is a criminal enterprise operating in East New York, Brooklyn. The gang’s leaders, including Wint, promoted the gang on social media and in rap videos, highlighting its violence, drug sales and fraudulent activities.
The plan to kill Walls was allegedly hatched by Green, Fernandez, Miller and others following a dispute on the Fourth of July 2020 over the lighting of fireworks. During a confrontation with the victim, Miller called her a “snitch” and fired a gunshot into the air. Walls had been called as a government witness one year earlier during a federal criminal trial in Brooklyn and testified that she had been shot by another Pink Houses gang member.
On the evening of July 7, 2020, Ninedee Gang members, including Green and a juvenile male, opened fire on Walls as she walked through a courtyard at the Pink Houses. Walls was shot multiple times and succumbed to the gunshot wounds on July 17, 2020. Ballistic evidence recovered from the scene of the fatal shooting showed that one of the handguns used to kill Walls matched the firearm used by Miller on the Fourth of July. In the days following Walls’ murder, the defendants posted on Facebook a newspaper article about the murder and claimed credit on behalf of the Ninedee Gang.
Additionally, Green is charged with the Hobbs Act robbery of a Target store on Staten Island on November 3, 2020; Wint with access device fraud; Fernandez, Miller and Wint with conspiracy to distribute marijuana; and Green, Fernandez and Miller with unlawful use and possession of firearms.
The charges in the superseding indictment are allegations, and the defendants are presumed innocent unless and until proven guilty.
If convicted of murder in-aid-of racketeering, Green, Fernandez and Miller face a mandatory sentence of life imprisonment and are eligible for the death penalty. If convicted of racketeering, Wint faces up to 20 years’ imprisonment, and up to 15 years’ imprisonment for accessory after the fact to Walls’s murder.
The government’s case is being handled by the Office’s Organized Crime and Gang Section. Assistant United States Attorneys James P. McDonald and Emily J. Dean are in charge of the prosecution.
The Defendants:
QUINTIN GREEN (also known as “Wild Child”)
Age: 20
Brooklyn, New YorkCHAYANNE FERNANDEZ (also known as “White Boy”)
Age: 21
Brooklyn, New YorkMALIEK MILLER (also known as “Leak”)
Age: 27
Brooklyn, New YorkKEVIN WINT (also known as “Kev G”)
Age: 27
Brooklyn, New YorkE.D.N.Y. Docket No. 20-CR-331 (S-1) (LDH)
Manchester Man Sentenced to 60 Months for Drug TraffickingRead the Press Release
CONCORD - Robert Lefebvre, 59, of Manchester, was sentenced to 60 months in federal prison for possession of cocaine base and fentanyl with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on June 12, 2020, Manchester police executed a residential search warrant. After seven occupants exited the apartment, SWAT members conducting a protective sweep located a locked bedroom with no response from the occupants of the room. Once officers breached the door, they located Lefebvre and a woman. A search of the room yielded, among other things, a baggie containing 14 grams of crack cocaine, a backpack containing documents associated with Lefebvre, scales, $8,960, over 99 grams of fentanyl and over 12 grams of cocaine. Lefebvre also had an additional $1,568 on his person.
“Drug traffickers who peddle fentanyl and other dangerous drugs are a threat to the citizens of New Hampshire,” said Acting U.S. Attorney Farley. “To protect the residents of Manchester and other communities in the Granite State, we are working closely with our law enforcement partners to identify and prosecute the drug dealers who seek to profit from selling fentanyl. As this defendant has learned, those who choose to sell fentanyl in Manchester will find themselves in federal prison.”
Lefebvre previously pleaded guilty on April 29, 2021. In addition to his sentence, Lefebvre forfeited $10,528 in cash seized at the time of his arrest.
This matter was investigated by the Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth. The forfeiture was handled by Assistant U.S. Attorney Robert Rabuck.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
###
Man who Kidnapped Teenager from Minnesota and Brought her to Iowa Sentenced to over a Decade in PrisonRead the Press Release
A man who maintained a long term online grooming relationship with a minor teenager via social media, which ended with him secretly driving her to Iowa and hiding her in a park while her parents tried to locate her, was sentenced today to more than ten years in federal prison.
Randy Abels, age 27, from Lowden, Iowa received the prison term after a guilty plea to receipt of child pornography.
At the guilty plea, Abels admitted he knowingly received visual depictions of child pornography from the victim. At sentencing, the judge noted that Abels was a “predator” who “kidnapped” the victim from her home after grooming her online. Abels pursued the victim and physically transported her from Minnesota to Iowa after being previously caught and confronted by her parents. In an attempt to avoid being caught, he hid her at a park.
Abels was sentenced in Cedar Rapids by United States District Court C.J. Williams. Abels was sentenced to 121 months’ imprisonment and fined $100. He must also serve a ten-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 Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Abels 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 Attorney Liz Dupuich and investigated by the Federal Bureau of Investigation and the Cedar County Sherriff’s Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-CR-0002.
Follow us on Twitter @USAO_NDIA.
Man Pleads Guilty for Shooting a Teenager during a Road Rage IncidentRead the Press Release
A Tulsa man arrested for shooting a teenager in a 2018 road rage incident pleaded guilty today in federal court, announced Acting U.S. Attorney Clint Johnson.
Joshua Fort, 41, pleaded guilty to assault with a dangerous weapon with intent to do bodily harm in Indian Country. U.S. District Judge Gregory K. Frizzell will sentence Fort on Dec. 17, 2021.
“Joshua Fort pulled a gun on a teenager during a traffic dispute. He shot the young man then tried to blame the shooting on the victim,” said Acting U.S. Attorney Clint Johnson. “I am thankful the victim survived the incident and that he has since recovered from his injuries. There are legal consequences to road rage especially when that rage turns violent.”
Fort stated in a plea agreement that on June 23, 2018, he intentionally shot the teenager with a handgun during a fight Fort initiated. The victim was wounded in the arm, requiring surgery.
The incident first started when the parties pulled into a parking lot at 9447 E. 31st Street in Tulsa due to a traffic dispute. The defendant stepped out of his vehicle, pulled a gun on the driver and victim, and started an argument. According to witnesses, Fort verbally threatened to shoot the two then grabbed the victim by the neck, trying to strangle him. The victim fought back and then Fort shot him. The victim and driver left the scene to receive medical care.
When officers arrived at the scene, they made contact with Fort, who fit the description of the reported shooter. Officers observed a .38 caliber revolver on the sidewalk in front of the defendant’s vehicle, a pool of the victim’s blood beside the vehicle and a trail of blood that led around the vehicle and into the parking lot. Fort initially told officers that the victim and driver had the gun and started the altercation in the parking lot after he pulled in. He said that the gun was dropped and he didn’t know how it went off. The evidence indicated otherwise. During a search of Fort, officers observed a gun holster on the defendant that appeared to match the .38 used in the shooting and located a spent .38 caliber shell casing in his right pocket. Two more rounds were found in the lining of Fort’s shorts. Video surveillance was also located that verified the witnesses’ and victim’s statements.
Fort is a citizen of the Cherokee Nation, and the crime occurred within the Muscogee Nation reservation. The defendant was previously convicted in Tulsa County District Court for the offense but appealed his conviction based on the Supreme Court’s McGirt decision.
The FBI and Tulsa Police Department conducted the investigation. Assistant U.S. Attorney Thomas E. Buscemi is prosecuting the case.
Local Man Pleads Guilty to Placing a Backpack of Destructive Devices in Downtown PittsburghRead the Press Release
PITTSBURGH, PA - A former resident of Pittsburgh, Pennsylvania, has pleaded guilty in federal court to a charge of violating federal firearms law, Acting United States Attorney Stephen R. Kaufman announced today.
Matthew Michanowicz, 53, formerly of Duquesne Heights, pleaded guilty to one count before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that on May 31, 2020, Michanowicz knowingly and unlawfully possessed firearms, that is, three destructive devices, which were not registered to him in the National Firearms Registration and Transfer Record. Specifically, Michanowicz admitted that, on or about May 31, 2020, he placed three, unregistered homemade destructive devices in a camouflage backpack at 2 PNC Plaza in downtown Pittsburgh.
Judge Ambrose scheduled sentencing for Dec. 13, 2021 at 10:00 a.m. The law provides for a total sentence of not more than ten years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, Pittsburgh Bureau of Police and the Allegheny County Sheriff’s Office conducted the investigation that lead to the prosecution of Michanowicz.
Judge Sentences Convicted Murderer to More than 18 Years in Prison for Federal Drug and Gun Law ViolationsRead the Press Release
PITTSBURGH – Douglas Tyrone Williams, Jr., aka “Chrome”, currently age 41, formerly of Penn Hills, PA and East Pittsburgh, PA, was sentenced on August 5, 2021 by Chief United States District Judge Mark R. Hornak to 220 months of incarceration followed by five years of supervises release by United States Probation Officers, as a result of his conviction of federal drug and gun crimes.
According to information presented to the court, Williams was on state parole after serving a lengthy sentence for his prior murder conviction in Allegheny County when he opened a Boost Mobile store in Penn Hills and began committing additional crimes.
The court was advised that the Drug Enforcement Administration had an ongoing investigation regarding overdoses caused by the use of stamp bags marked “CEO”. The Pennsylvania State Police arrested a street level drug dealer in possession of some of these stamp bags and notified the DEA. The DEA utilized information from that investigation to identify, arrest, and convict the individual’s supplier. In turn, that investigation led to the next person up the ladder, Douglas Tyrone Williams. In the course of investigating Williams, the DEA utilized law enforcement methods that included recording Williams’ cellphone conversations, recording his meetings with coconspirators, conducting both mobile and static surveillance, and executing federal search warrants at locations that included his vehicle and his Boost Mobile store. At trial, the jury learned that Williams was arrested as he attempted to sell the 15,000 stamp bags of heroin that were in his possession.
According to evidence presented at trial, the search of Williams’s Boost Mobile store revealed an additional 123 grams of “black tar” heroin, nearly $14,000.00 in cash, jewelry, four guns (two assault rifles, a 9 mm pistol and a .45 caliber pistol) and a money counter. Each of the guns was either stolen or had the serial number obliterated. Under federal law, the defendant’s possession of even a single firearm or piece of ammunition was illegal because of his prior felony convictions.
Prior to imposing the sentence on Williams, Chief Judge Hornak indicated that the government’s evidence at trial was “overwhelming” and that the current sentence was sufficient but not greater than necessary under the circumstances.
Assistant United States Attorney Ross E. Lenhardt and Special Assistant United States Attorney Chad R. Parks, a prosecutor with the Beaver County District Attorney’s Office, prosecuted this case on behalf of the government.
Acting United States Attorney Stephen R. Kaufman commended the Drug Enforcement Administration for the investigation that led to the prosecution of Williams, Jr. and emphasized the significant assistance they received from many other law enforcement departments including the Pennsylvania State Police, the Coraopolis Police Department, the Penn Hills Police Department, the Monessen Police Department, the Robinson Township Police Department, the Canonsburg Police Department, and the Pennsylvania Office of the Attorney General.
Jackson County Man Sentenced to Federal Prison for Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Jackson County man was sentenced today to 36 months in federal prison for being a felon in possession of a firearm.
According to court documents and statements made in court, Christopher Moore, 47, possessed a loaded Taurus 9mm pistol on June 27, 2020. On that day, Moore and a friend were cooking out at Moore’s house when they got into an argument and the friend grabbed Moore’s 9mm handgun. As they struggled over the gun, Moore accidentally shot his friend in the back of the head killing him. Moore is prohibited from possessing a firearm because of a prior federal drug conviction.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Jackson County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Senior United States District Judge John T. Copenhaver, Jr., imposed the sentence. Assistant United States Attorney Steve Loew handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00002.
###
Indiana Man Charged with Scheming to Straw Purchase Firearm Allegedly Used to Shoot Two Chicago Police Officers, One FatallyRead the Press Release
CHICAGO — The U.S. Attorney’s Office in Chicago today charged an Indiana man with federal firearm violations for allegedly conspiring to straw purchase a semi-automatic handgun that the charges allege was used to shoot two Chicago Police officers last weekend, including the fatal wounding of Officer Ella French.
JAMEL DANZY purchased the firearm at a federal firearms dealer in Hammond, Ind., on March 18, 2021, and falsely certified on the required forms that he was the actual buyer, according to a criminal complaint filed in U.S. District Court in Chicago. In reality, Danzy was a straw purchaser who bought the gun at the request of someone whom Danzy knew resided in Chicago, Ill., and was not lawfully allowed to purchase a firearm due to a felony criminal conviction, the complaint states. Danzy gave the firearm to the Illinois resident shortly after the purchase, the complaint states.
Officer French was shot and killed and another CPD officer was critically wounded Saturday night during a traffic stop of a vehicle on the South Side of Chicago. The handgun was used in the shooting, the complaint states. The Illinois resident to whom Danzy gave the gun was one of the vehicle’s occupants and was arrested by responding officers, the complaint states. At the time of his arrest, the Illinois resident was in possession of the handgun purchased by Danzy, according to the complaint.
Danzy, 29, of Hammond, Ind., is charged with conspiracy to violate federal firearm laws, including knowingly transferring and giving a firearm to an out-of-state resident, knowingly making a false written statement to acquire a firearm, and knowingly disposing of a firearm to a convicted felon. Danzy made an initial appearance this afternoon in federal court in Chicago and was ordered to remain detained in federal custody. U.S. Magistrate Judge Jeffrey T. Gilbert scheduled a detention hearing for Wednesday at 2:00 p.m.
“Straw purchasers and firearm traffickers enable violence with deadly consequences,” said John R. Lausch, Jr., United States Attorney for the Northern District of Illinois. “Fighting violent crime is a top priority in our office, and we are committed to holding accountable those who engage in illicit firearm transactions.”
U.S. Attorney Lausch announced the charges along with Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives, and David Brown, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Prashant Kolluri.
“Tragedies like this happen when people straw purchase firearms on behalf of those who are prohibited from purchasing and possessing firearms themselves,” said ATF SAC de Tineo. “ATF remains committed to working with our law enforcement partners and the U.S. Attorney’s Office to investigate these firearms trafficking schemes and prosecute those responsible.”
Disrupting illegal firearms trafficking is a centerpiece of the Department of Justice’s cross-jurisdictional strike force aimed at reducing gun violence. As part of the Chicago strike force, the U.S. Attorney’s Office collaborates with ATF, CPD, and other federal, state, and local law enforcement partners in the Northern District of Illinois and across the country to help stem the supply of illegally trafficked firearms and identify patterns, leads, and potential suspects in violent gun crimes.
The federal conspiracy charge against Danzy is punishable by a maximum sentence of five years in federal prison. The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Law enforcement continues to investigate the murder of Officer French and the wounding of the other CPD officer.
Illinois Man Sentenced to Federal Prison for Sending Threatening Communication Through Social MediaRead the Press Release
HUNTINGTON, W.Va. – An Illinois man was sentenced today to 10 months in federal prison for sending a threatening message through social media to a West Virginia law enforcement officer.
According to court documents and statements made in court, Rodney Hanson, 37, sent a threatening Facebook message on January 8, 2019, to a law enforcement officer in Putnam County after a police involved shooting. Hanson pleaded guilty in May 2021 to transmitting an interstate threatening communication.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative efforts of the Federal Bureau of Investigation (FBI).
United States District Judge Robert C. Chambers imposed the sentenced. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:20-cr-00169.
###
Idaho Man Indicted for Sexually Exploiting Children in AlaskaRead the Press Release
ANCHORAGE – A federal grand jury in Anchorage returned an indictment charging a Bonner County, Idaho man with sexually exploiting children and production of child pornography in Haines, Alaska.
According to federal court documents, Christopher Panagiotou-Scigliano, 39, coerced a minor to engage in sexually explicit conduct for the purpose of producing child pornography. He is also charged in Idaho's First Judicial District Court with the sexual abuse of multiple child victims.
In 2015 Panagiotou-Scigliano moved from Idaho to a farm in Haines. After their arrival, Panagiotou-Scigliano allegedly arranged for several of the children he had been grooming and abusing in Idaho to visit his farm in Haines. When the children arrived Panagiotou-Scigliano allegedly continued grooming and sexually exploiting them by taking numerous sexually explicit images and videos of the victims. Law Enforcement also recovered additional images and videos of child sexual exploitation that appear to have been downloaded from the internet.
Panagiotou-Scigliano was taken into custody in Boundary County, Idaho, on July 23, 2021. He made an initial court appearance before U.S. Magistrate Judge Candy W. Dale of the U.S. District Court for Idaho, who ordered him detained without bail pending his return to Alaska. If convicted, he faces a mandatory minimum penalty of 15 years imprisonment, and a maximum penalty of 30 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
If the public has any further information regarding Panagiotou-Scigliano’s activities, please contact the FBI Anchorage Field Office at 907-276-4441.
Acting U.S. Attorney Bryan Wilson of the District of Alaska and Acting Special Agent in Charge Adam Pierce of the FBI’s Anchorage Field Office made today’s announcement.
The Federal Bureau of Investigation (FBI) Child Exploitation and Human Trafficking Task Force is investigating the case. Also supporting the investigation are the Haines Police Department, the Bonner County, Idaho, Sheriff’s Office, the Bonner County Prosecutor's Office and the Alaska State Troopers.
Assistant U.S. Attorney James Klugman is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, Project Safe Childhood combines 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 visitwww.justice.gov/psc.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Hoover Criminal Gang Member Sentenced to Federal Prison for Drug and Gun OffensesRead the Press Release
PORTLAND, Ore.—A known Hoover Criminal Gang member and resident of Portland was sentenced to federal prison today for his role in a fentanyl trafficking conspiracy.
Aumontae Wayne Smith, 22, was sentenced to 70 months in federal prison and five years’ supervised release.
According to court documents and testimony, Smith and an unnamed accomplice conspired with one another to distribute counterfeit oxycodone pills containing fentanyl in and around Portland. Investigators seized six firearms from Smith and his accomplice with the assistance of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Further investigation revealed Smith purchased 16 firearms that were linked to 17 different shootings in the Portland area between April and December 2020.
On April 6, 2021, a federal grand jury in Portland returned an indictment charging Smith with conspiring to distribute and possess with intent to distribute fentanyl, possessing with intent to distribute fentanyl, and possessing a firearm in furtherance of a drug trafficking crime. On April 16, 2021, he voluntarily surrendered to law enforcement.
On May 18, 2021, Smith pleaded guilty to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime.
As part of his plea agreement, Smith agreed to forfeit $18,919 in cash, a .40 caliber pistol, and ammunition seized by law enforcement. He also agreed to abandon interest in five additional firearms, including two semi-automatic rifles, and associated ammunition.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by the Portland Police Bureau, FBI, ATF, Multnomah County Sheriff’s Office, and Homeland Security Investigations. It was prosecuted by the U.S. Attorney’s Office for the District of Oregon.
This case was brought as part of Project Safe Neighborhoods (PSN). In keeping with the Attorney General’s mission to reduce violent crime, the District of Oregon’s PSN program focuses on prosecuting those individuals who most significantly drive violence in our communities, and supports and fosters partnerships between law enforcement, community organizations, and local community leaders to prevent and deter future criminal conduct.
Greece Man with Prior Child Sexual Abuse Conviction Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Hector Savage, 37, of Greece, NY, pleaded guilty before U.S. District Judge Charles J. Siragusa to possession of child pornography by an individual with a prior conviction. The charge carries a mandatory minim penalty of 10 years in prison and a maximum of 20 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that on July 31, 2003, the defendant was convicted in Monroe County Court of Sexual Abuse 1st: Sexual Contact with Individual Less than 11 Years Old. On May 25, 2019, Savage possessed approximately 20 images of child pornography on an Apple iPhone. Some of the images depicted prepubescent minors or minors under 12 years old.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Child Exploitation Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter.
# # # #
Genesis HealthCare Inc. Agrees to Resolve Allegations of Americans with Disabilities Act ViolationsRead the Press Release
BOSTON – The U.S. Attorney’s Offices for the Districts of Massachusetts and Rhode Island and the Department of Health and Human Services (HHS) announced today an agreement with Genesis HealthCare Inc. (Genesis) to resolve allegations that 12 of its skilled nursing facilities located in Rhode Island and Massachusetts denied admission to prospective residents because they were prescribed an FDA-approved medication for Opioid Use Disorder (OUD). This is in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act and the Patient Protection and Affordable Care Act.
The U.S. Attorney’s Offices for the Districts of Massachusetts and Rhode Island opened the investigation after receiving complaints alleging that individuals were denied admission to the Genesis facilities because they were being treated with buprenorphine or methadone, medications used to treat OUD. Individuals receiving medication to treat OUD are generally considered disabled under federal civil rights laws. The complainants in this case were seeking admission for health issues unrelated to their dependency, but also needed treatment for OUD.
Under the terms of the settlement agreement, these 12 skilled nursing facilities operated by Genesis will, among other things, adopt a non-discrimination policy and provide training on the ADA and OUD to admissions personnel. The company will also pay a civil penalty of $60,000, of which $50,000 will be suspended and forgiven if the designated facilities comply with the terms of the agreement.
“The ADA is the law of the land, and the ADA makes it illegal to discriminate against people with disabilities – including Opioid Use Disorder,” said Acting U.S. Attorney Nathaniel R. Mendell. “All providers must comply with the ADA, and we are happy to vindicate the rights of those in recovery by protecting their fair access to necessary treatment.”
“As Rhode Island and the rest of the country continues to confront an overdose crisis, individuals in recovery should never have to face discriminatory barriers to healthcare,” said Acting United States Attorney for the District of Rhode Island Richard Myrus. “Elimination of these discriminatory barriers is not only a right under federal civil rights laws, it can be a matter of life and death. We appreciate Genesis’s cooperation in modifying its policies for compliance with the ADA, and we encourage other skilled nursing facilities to proactively do the same.”
“Secretary Becerra has made advancing the goal of ending the Opioid Crisis a key priority for HHS, particularly since the COVID-19 pandemic has exacerbated this deadly crisis. This agreement and the steps that Genesis is taking across its facilities advances this important goal by ensuring civil rights laws protect healthcare access for people who are in treatment for Opioid Use Disorder,” said HHS Acting Director of the Office of Civil Rights Dr. Robinsue Frohboese.
In coordination with the U.S. Attorney’s Offices, HHS participated in the investigation into these allegations that these facilities. Genesis is the fourth skilled nursing facility that the U.S. Attorney’s Office for the District of Massachusetts has settled with for denying admission to patients receiving OUD treatment, in violation of the ADA.
Acting U.S. Attorney Mendell of the District of Massachusetts, Acting U.S. Attorney Myrus of the District of Rhode Island, and HHS Acting Director of the OCR Dr. Frohboese made the announcement today. Assistant U.S. Attorneys Sara Bloom and Gregory Dorchak of the District of Massachusetts, Amy Romero of the District of Rhode Island and Supervisory Equal Opportunity Specialist Erin Walker of HHS handled the matter.
The U.S. Attorney’s Offices are committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about the Americans with Disabilities Act may access www.ada.gov or call the Department of Justice’s toll-free information line at 800-514-0301 or 800-514-0383 (TTY).
Four Individuals Charged with Long-Running Global Pump-and-Dump SchemeRead the Press Release
BOSTON – Three Canadian nationals and one former California attorney, who is believed to be residing in Mexico, have been charged in connection with a long-running international securities fraud scheme in which they allegedly sold millions of shares in multiple microcap—or “penny”—stock companies during pump-and-dump schemes, generating at least tens of millions of dollars in illicit proceeds.
Frederick Sharp, 69, of British Columbia; Luis Carrillo, 47, previously of California; Mike Veldhuis, 41, of British Columbia; and Courtney Kelln, 41, of British Columbia, were each charged in a criminal complaint with one count of conspiracy to commit securities fraud and one count of securities fraud.
“My office uses securities laws and regulations to preserve market integrity, in other words: to protect investors from getting ripped off by crooks,” said Acting United States Attorney Nathaniel R. Mendell. “Investigating and prosecuting people who illegally manipulate our markets protects all investors, particularly when the illegal activity is sophisticated and done on a large scale.”
“Fred Sharp and his co-conspirators are accused of executing a sophisticated, global con that allegedly bilked unsuspecting investors out of tens of millions of dollars. Investor confidence is essential to keeping our financial markets afloat and actions like the ones these individuals are charged with today chip away at the faith investors place in the process,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “The FBI and our partners take securities fraud very seriously and we will do everything we can to hold accountable those who steal from American investors. We urge the public to use caution when researching investment opportunities and to contact us immediately if they become a victim of financial fraud.”
According to the charging documents, a pump-and-dump typically involves an effort to artificially inflate the stock price or trading volume of a publicly traded company (the “pump”) so that individuals who control a substantial portion of the company’s float can sell their shares at artificially high prices, or in a more liquid market, to other investors (the “dump”).
The defendants allegedly engaged in a lucrative securities fraud scheme dating back to no later than 2014 involving the use of a sophisticated platform provided by Sharp to conceal Carrillo’s and Veldhuis’s respective control of millions of shares of multiple microcap companies. Carrillo and Veldhuis allegedly used Sharp’s platform to hide their large penny stock holdings in nominee entities in tranches of less than five percent of the issuers’ total outstanding shares in order to evade certain securities disclosure requirements and brokers’ compliance protocols. Kelln, who worked for Sharp, allegedly facilitated the breakdown and transfer of Carrillo’s and Veldhuis’s shares to Sharp’s nominee entities in blocks of less than five percent, as well as the shares’ subsequent deposit with a Swiss asset management firm to facilitate their sale to unsuspecting investors. It is alleged that those sales were directed by Carrillo and Veldhuis, respectively, and were timed alongside multifaceted promotional campaigns, to include “boiler rooms” involving cold calls to unsuspecting U.S. investors in Massachusetts, and elsewhere, touting the stocks and soliciting purchases.
It is further alleged that, to conceal their scheme, the defendants used codenames to refer to one another, as well as various encrypted communications platforms. One of those platforms was a closed communication network on dedicated BlackBerry devices provided by Sharp that the defendants referred to as “xphones.” Sharp also allegedly maintained an offshore accounting system that the defendants referred to as “Q” that was used to track the scheme’s stock sales and the remittance of illicit proceeds.
Sharp’s Q accounting system tracked over $140 million in stock sales through a Swiss asset management firm between 2014 and 2018, involving over 70 issuers. The charging documents specifically identify four such issuers whose shares were sold during pump-and-dumps as part of the scheme:
- Vitality BioPharma, Inc. (ticker VBIO), millions of shares of which were sold between November 2016 and September 2018 generating proceeds of approximately $16.8 million;
- OneLife Technologies Corp. (ticker OLMM), millions of shares of which were sold between November 2017 and October 2018, generating proceeds of approximately $5.2 million;
- Garmatex Holdings, Ltd. (ticker GRMX), millions of shares of which were sold between March and May 2017, generating proceeds of approximately $5 million; and
- PureSnax International, Inc. (ticker PSNX), millions of shares of which were sold between November 2015 and September 2016 generating proceeds of approximately $1.4 million dollars.
The charge of conspiracy to commit securities fraud provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss, whichever is greater. The charge of securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Mendell and FBI Boston SAC Bonavolonta made the announcement today. The Boston regional office of the U.S. Securities and Exchange Commission provided assistance with the investigation. Assistant U.S. Attorney James R. Drabick of Mendell’s Securities, Financial & Cyber Fraud Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Former Owners of Hillsborough Compounding Pharmacy Pay $1,082,991.94 to Resolve False Claims Act AllegationsRead the Press Release
GREENSBORO, N.C. - The owners of a now-closed compounding pharmacy have paid $1,082,991.94 to resolve allegations that they violated the False Claims Act by submitting false claims for payment to the TRICARE program between September 2014 and May 2015.
David and Lois Tsui of Chapel Hill, North Carolina formerly owned Wellcare Compounding, in Hillsborough, North Carolina. David Tsui was previously convicted of health care fraud, and in 2009 was excluded from participation in federal health care programs, including TRICARE. The United States contended that Wellcare intentionally concealed David Tsui’s involvement in and ownership of the pharmacy, including by falsely representing to TRICARE that Lois Tsui was the pharmacy owner. The United States also asserted that Wellcare made improper payments to physicians and “marketers” in exchange for prescriptions or referrals for prescriptions, in violation of the Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b). In addition, Wellcare encouraged medically unnecessary prescriptions consisting of high-margin ingredients to maximize the pharmacy’s reimbursement. The United States contended that through these actions, the Tsuis and Wellcare knowingly caused false claims to be presented to the TRICARE program.
“This settlement sends a strong message that individuals who defraud federal health care programs cannot rely on the passage of time or the use of straw owners to conceal their wrongdoing,” said Acting United States Attorney Sandra Hairston. “We will continue to identify those who seek to seek to exploit federal programs for personal gain and will hold them accountable.”
“The results of this investigation highlight another step forward by the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to root out fraud and corruption involving medical professionals who undermine the integrity of the Department of Defense,” said Special Agent in Charge Christopher Dillard, DCIS Mid-Atlantic Field Office. “DCIS will continue to target fraud, waste, and abuse to preserve and recover precious taxpayer dollars for our most vulnerable programs, such as TRICARE.”
This case was handled by the U.S. Attorney’s Office for the Middle District of North Carolina and the Defense Criminal Investigative Service. The United States was represented by Assistant United States Attorney Cassie Crawford.
The claims settled by this agreement are allegations only. The Settlement Agreement is not an admission of liability or wrongdoing by Wellcare or the Tsuis.
###
Former Employee Sentenced to a Year in Prison for Stealing a Handgun from his EmployerRead the Press Release
A former employee of a federally licensed firearms dealer who stole a handgun from his employer while at work was sentenced today to a year in federal prison.
Raykwon Stevenson, age 25, from Marion, Iowa, received the prison term after a March 1, 2021, guilty plea to one count of theft of a firearm from a federally licensed firearms dealer.
Information from the guilty plea and sentencing hearing showed that Stevenson was employed by a federally licensed firearms dealer in Cedar Rapids, Iowa. While working at the dealer, Stevenson stole a .22 caliber handgun from the dealer’s inventory. After discovering the theft, the dealer notified law enforcement, who confronted Stevenson and recovered the stolen handgun.
Stevenson was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Stevenson was sentenced to 12 months and a day in prison. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Stevenson was released on the bond previously set and is to surrender to the United States Marshal on August 26, 2021.
The case was prosecuted by Assistant United States Attorney Anthony Morfitt and investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Cedar Rapids Police Department.
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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 12-CR-98.
Follow us on Twitter @USAO_NDIA.
Former El Paso Police Officer Pleads Guilty to Conspiracy to Aid Cocaine DistributionRead the Press Release
EL PASO – A former El Paso police officer pleaded guilty today to conspiracy to maintain a drug-involved premise.
According to court documents, Monica Garcia, 24, conspired with Fred Saenz, her stepfather and co-defendant, to use Saenz’s residence to distribute cocaine. Agents determined that Saenz was using his residence and a separate stash location to store and distribute cocaine. Garcia used her position as an El Paso police officer to provide information that helped Saenz avoid detection by law enforcement while he distributed cocaine. Her activities included conducting counter-surveillance and running license plate registrations to identify undercover police vehicles near the residence and stash house.
On November 10, 2020, agents seized $14,405 from Saenz’s residence and 1.2 kilograms of cocaine from a stash house he used. During the investigation undercover agents bought quantities of cocaine from Saenz at his residence.
Garcia pleaded guilty to one count of conspiracy to maintain a drug-involved premise. A sentencing date for Garcia has not been set. She faces a maximum penalty of 20 years in prison.
On July 26, 2021, Fred Saenz pleaded guilty to one count of conspiracy to possess with intent to distribute over 500 grams of cocaine. A sentencing date has not been scheduled. Saenz faces a maximum penalty of 40 years in prison. 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 of the Western District of Texas and Special Agent in Charge Kyle Williamson of the Drug Enforcement Administration, El Paso Division made the announcement.
The Drug Enforcement Administration and the El Paso Police Department’s Narcotics Unit and Special Investigations Unit are investigating the case.
Assistant U.S. Attorneys Michael Williams and Steven Spitzer are prosecuting this case on behalf of the government.
###
Former Bronx Public Charter School Teacher Charged in Connection with His Sexual Exploitation of Former StudentsRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, and Jacqueline Maguire, the Acting Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the arrest of JESUS CONCEPCION, a/k/a “Mr. C.,” for enticing four minor victims to engage in sexual activity, transporting those minor victims across state lines to engage in illegal sexual acts, and inducing one minor victim to produce child pornography. CONCEPCION was arrested on August 7, 2021, in Charlotte, North Carolina, and was presented today in the Western District of North Carolina.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, Jesus Concepcion abused his position as a teacher at a public school in the Bronx to engage in sexual relationships with several of his students. Concepcion sexually exploited those students, who were minors, at the public school, in and around the Bronx, and in other states. Together with our partners in the FBI, we will work tirelessly to ensure that anyone who engages in this type of conduct will be subject to the full force of the law.”
FBI Acting Assistant Director Jacqueline Maguire said: “Teachers serve as trusted figures to their students as they work to educate and prepare them for the future. As alleged, Mr. Concepcion egregiously breached that trust as he abused his position to coerce students – some as young as 12 years old – into having sex with him. Parents deserve to send their children to school each day knowing they will be safe as they receive an education – and not be exploited and assaulted by a so-called educator who only sees students as his potential victims.”
According to the allegations contained in the Indictment filed on July 28, 2021, and unsealed today[1]:
CONCEPCION was a music teacher and orchestra instructor at a public charter middle school located in the Bronx, New York (“School-1”), from in or about 2000 up to and including in or about 2007. CONCEPCION lured four of his students at School-1 into sexual relationships (“Minor Victim-1,” “Minor Victim-2,” “Minor Victim-3,” and “Minor Victim-4,” and together the “Minor Victims”). The Minor Victims were as young as 12 years old at the time of the abuse.
From at least in or about 2002 through at least in or about 2007, CONCEPCION singled out the Minor Victims for personal attention. He gave them money, clothing, jewelry, and other gifts, and he provided them with alcohol. He told several of the Minor Victims that they were in romantic relationships with him and provided each of the Minor Victims with a cellphone so that they could communicate with him without their parents’ knowledge. CONCEPCION used the cellphones he provided and other devices to maintain his “relationships” with the Minor Victims and to arrange sexual encounters.
CONCEPCION engaged in sexual intercourse with the Minor Victims in various locations, including in School-1’s music room, in the back room of School-1’s auditorium, in his car, at motels, at his residences, and, after some of the Minor Victims left School-1, at their out-of-state high schools. On numerous occasions, CONCEPCION brought the Minor Victims from School-1 or other locations in the Bronx to motels in New Jersey. On at least one occasion, CONCEPCION had sexual intercourse with Minor Victim-3 in a New Jersey motel against her will.
CONCEPCION also instructed Minor Victim-3 to take naked photographs of herself and to send them to him. CONCEPCION directed Minor Victim-3 how to pose, to touch herself in a sexually explicit manner, and to photograph her genitalia. CONCEPCION also attempted to induce another one of the Minor Victims, Minor Victim-4, to take sexually explicit photographs. When Minor Victim-4 resisted, CONCEPCION showed Minor Victim-4 the photographs sent to him by Minor Victim-3 and told Minor Victim-4 that these were the sort of photographs CONCEPCION sought.
* * *
CONCEPCION, 48, of Simpsonville, South Carolina, is charged with four counts of enticing a minor to engage in illegal sexual activity and four counts of transporting a minor to engage in illegal sexual activity, each of which carry a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison. CONCEPCION also is charged with inducing a minor to produce child pornography, which carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Ms. Strauss praised the efforts of FBI and the New York City Police Department (“NYPD”) for their outstanding work in this matter, particularly the FBI-NYPD New York Child Exploitation and Human Trafficking Task Force. She also thanked the FBI’s Charlotte Office and U.S. Customs and Border Protection for their assistance. She added that the investigation is ongoing.
Any individuals who believe they have information that may be relevant to this investigation should contact FBI at 1-800-CALL-FBI or https://tips.fbi.gov/.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Elinor L. Tarlow and Camille L. Fletcher are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth in this release constitute only allegations, and every fact described should be treated as an allegation.
Florida man sentenced for scheme to defraud the IRS, using taxpayer identitiesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Juan David Moreno, of Miramar, Florida, was sentenced today to 36 months of incarceration for wire fraud and aggravated identity theft charges, Acting U.S. Attorney Randolph J. Bernard announced.
In February 2020, Moreno, age 34, pled guilty to one count of “Wire Fraud” and one count of “Aggravated Identity Theft.” Moreno admitted to fraudulently accessing the Internal Revenue Service (IRS) eAuthentication online taxpayer system, which has servers located in Berkeley County, from January 2015 to February 2017. Through his scheme to defraud, Moreno obtained personal identifying information of taxpayers without their knowledge to access the online taxpayer system and obtain income tax transcripts for those taxpayers. Moreno then filed tax returns and directed tax refunds in the amount of at least $86,525 be deposited into fraudulent bank accounts without the taxpayers’ knowledge. Moreno was responsible for filing fraudulent tax returns in the names of taxpayers located in various states, including Florida, Texas, and California.
The investigation revealed that Moreno attempted to obtain at least $389,198 in additional fraudulent tax refunds from the IRS but was unsuccessful. Moreno was also found to be in unlawful possession of over 2,600 unique identities, including social security numbers and dates of birth, of other individuals.
In addition to his sentence of incarceration, Moreno was also ordered to pay restitution in the amount of $86,525 to the IRS.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Treasury Inspector General for Tax Administration Cybercrime Investigations Division investigated.
Chief U.S. District Judge Gina M. Groh presided.
Florida man admits to filing fraudulent tax returns with the IRSRead the Press Release
MARTINSBURG, WEST VIRGINIA – Windsor Nycklass, of West Park, Florida, has admitted to wire fraud and aggravated identity theft charges, Acting U.S. Attorney Randolph J. Bernard announced.
Nycklass, 32, pleaded guilty today to one count of “Wire Fraud” and one count of “Aggravated Identity Theft.” In March and April 2015, Nycklass unlawfully obtained the names, dates of birth, and social security numbers of multiple taxpayers without their knowledge and consent. Nycklass then used the taxpayers’ information to fraudulently access the IRS eAuthentication (“eAuth”) Online Taxpayer System. Nycklass then filed fraudulent tax returns using the taxpayers’ identities. The fraudulent tax returns were processed at an IRS facility location in Martinsburg.
As a part of his plea agreement with the United States, Nycklass has agreed to pay $50,801 in restitution to the IRS.
Nycklass faces up to 20 years of incarceration and a fine of up to $250,000 for the wire fraud charge and two years of incarceration for the aggravated identity theft charge. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins is prosecuting the case on behalf of the government. The Treasury Inspector General for Tax Administration – Cybercrime Investigations Division investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Federal Judge Sentences Three Cocaine Traffickers to PrisonRead the Press Release
CHARLOTTE, N.C. – Today, U.S. District Judge Robert J. Conrad, Jr., handed down prison sentences of up to 25 years to three cocaine traffickers, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina
Judge Conrad sentenced the defendants as follows:
- Anthony Tommy Foster, 45, of Mokena, Illinois, was sentenced to 25 years in prison, followed by 10 years of supervised release. A federal jury convicted Foster in December 2020, of conspiracy to distribute and to possess with intent to distribute cocaine and possession with intent to distribute cocaine and aiding and abetting. As a result of Foster’s prior federal drug trafficking and other state convictions, the Court sentenced him as a career offender.
- Reynaldo Padilla, 48, of Chicago, Illinois, was sentenced to 15 years in prison, followed by 10 years of supervised release. Padilla pleaded guilty to drug trafficking conspiracy and possession with intent to distribute cocaine. Padilla also received an enhanced sentence due to a prior federal drug trafficking conviction.
- Alejandro Miguel Padilla, 35, of Chicago, Illinois, was sentenced to 24 months in prison, followed by two years of supervised release. He pleaded guilty to drug trafficking conspiracy and possession with intent to distribute cocaine.
According to filed court documents, trial evidence and statements made in court, the defendants were involved in a cocaine trafficking conspiracy operating in and around Gaston County. Court records show that on June 29, 2020, Reynaldo Padilla and Alejandro Padilla met with Foster in Belmont, N.C., after arranging the purchase of 20 kilograms of cocaine. According to court records, at that meeting, Foster handed Reynaldo Padilla a duffel bag that contained $500,000 in cash and Alejandro Padilla drove with Reynaldo Padilla to exchange the money for the drugs. According to trial evidence, the defendants intended to make future purchases of 100 to 200 kilograms of cocaine, per transaction.
All three defendants have been in federal custody since June 2020. They will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorney Stetzer thanked Ronnie Martinez, Special Agent in Charge of ICE’s Homeland Security Investigations (HSI) in North Carolina; Chief Chad Hawkins of the Belmont Police Department; Chief Johnny Jennings of the Charlotte-Mecklenburg Police Department (CMPD); Chief Joseph D. Ramey of the Gaston County Police Department; Chief Travis Brittain of the City of Gastonia Police Department; Chief Don Roper of the Mt. Holly Police Department; and Michael Eiss of the Waxhaw Police Department for their respective agencies’ investigative efforts and coordination in this case.
Assistant U.S. Attorney Steven R. Kaufman, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
- Anthony Tommy Foster, 45, of Mokena, Illinois, was sentenced to 25 years in prison, followed by 10 years of supervised release. A federal jury convicted Foster in December 2020, of conspiracy to distribute and to possess with intent to distribute cocaine and possession with intent to distribute cocaine and aiding and abetting. As a result of Foster’s prior federal drug trafficking and other state convictions, the Court sentenced him as a career offender.
Escondido Resident Admits to Selling over $1 Million of Forged ArtRead the Press Release
For further informtion Contact:
Assistant U. S. Attorney Andrew J. Galvin (619) 546-9721
SAN DIEGO – Jason Harrington pleaded guilty today and admitted that he sold $1.1 million of forged art. Harrington sold artwork purportedly created by Richard Hambleton – a New York City artist who rose to fame in the 1980s and whose paintings routinely sell for hundreds of thousands of dollars.
In his plea agreement, Harrington admitted selling forged art to at least fifteen galleries and individuals between 2018 and 2020. The forged art included paintings of a black-silhouetted figure known as the Shadowman, which was a recurring motif in Hambleton’s works.
(Pictures of Harrington’s forgeries in progress, which featured Hambleton’s Shadowman.)
To make the forged art appear authentic, Harrington lied to prospective buyers regarding the provenance of the art. To support these false statements, Harrington provided prospective buyers with a fake letter purportedly signed by the individual who obtained the art and, on one occasion, instructed an individual to speak with a prospective buyer and falsely claim to have obtained the art from Hambleton. According to court records, Harrington altered images, using publicly available photographs of Hambleton, to make it appear that the individual who purportedly obtained the art knew Hambleton.
Harrington also admitted to attempting to sell at least one forged painting purporting to be from the noted portraitist Barkley Hendricks. According to court records, Harrington falsely claimed to the owner of an art gallery that he inherited the painting from his uncle. The art gallery, however, refused to purchase the painting after Hendricks’ widow viewed the painting and determined it was a forgery.(A series of photographs obtained by law enforcement from Harrington’s files depict the forgery in progress.)
“Forged artwork harms investors, corrupts the integrity of the art market, and damages the historical-cultural record,” said Acting U.S. Attorney Randy Grossman. “This case reflects the federal government’s full commitment to effectively investigate and prosecute complex art fraud crimes.” Grossman commended the work of Assistant U.S. Attorney Andrew Galvin and the FBI agents who handled this matter.
“Mr. Harrington created multiple fake paintings, devised elaborate cover stories to authenticate them, targeted unsuspecting buyers, and sold over a million dollars of forged artwork,” said FBI Special Agent in Charge Suzanne Turner. “Fraudulent and forged artwork degrades the integrity and trust within the art community and today’s guilty plea should send a clear message - the FBI will aggressively pursue those who use fraud schemes to make a living, regardless of the type of instrument used to commit the fraud.”
As part of his plea, Harrington agreed to pay at least $1,124,001.22 in restitution. Harrington will appear for sentencing on October 22, 2021 at 9:00 a.m. before U.S. District Court Judge Janis L. Sammartino.
DEFENDANT Case Number 21-CR-1184-JLS
Jason Harrington Age: 38 Escondido, CASUMMARY OF CHARGES
Wire Fraud – Title 18, U.S.C., Section 1343
Maximum penalty: 20 years’ imprisonment and $250,000 fineAGENCY
Federal Bureau of InvestigationDonna J. Clark Indicted for Fraud and Money Laundering in COVID-19-Related PPP Loan SchemeRead the Press Release
On August 9, 2021, Donna J. Clark, 64, of Benton, TN, was arrested and arraigned on an indictment charging her with wire fraud, money laundering, and operating an unlicensed money transmittal business, commonly known as a “money mule” operation. Clark pleaded not guilty to the charges, and trial has been set for October 5, 2021, at 9:00 a.m., before the Honorable Charles E. Atchley, Jr., in the United States District Court for the Eastern District of Tennessee at Chattanooga.
According to court documents filed by the United States, from October 2020 to July 2021, Clark participated in a scheme in which she received, deposited, transferred, and transmitted money obtained as part of fraudulent schemes – including fraud related to the receipt of a COVID-19-related PPP loan – in order to add layers to the money trail from victims to the criminal actors for whom Clark laundered money.Clark faces a possible sentence of up to 30 years’ imprisonment on the wire fraud count, up to 10 years’ imprisonment on the money laundering count, and up to 5 years’ imprisonment for operating an unlicensed money transmittal business, along with significant fines, restitution, and forfeiture of property.
Assistant United States Attorney Steven Neff represents the United States.
The investigation was conducted by the FBI and the U.S. Attorney's Coronavirus Fraud Task Force.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/coronavirus.
Members of the public are reminded that an indictment constitutes only charges and that every person is presumed innocent until their guilt has been proven beyond a reasonable doubt.
###
District Man Sentenced to Seven Years in Prison for Firearms OffensesRead the Press Release
WASHINGTON – Clark Calloway, 47, of Washington, D.C., was sentenced today to seven years in prison for possession of a firearm and to acquiring that firearm with the intent to commit assault, announced Acting U.S. Attorney Channing D. Phillips and Nicholas Boshears, Acting Special Agent in Charge of the FBI Washington Field Office's Counterterrorism Division.
Calloway pleaded guilty in October 2018 in the U.S. District Court for the District of Columbia to charges of interstate transportation of a firearm and ammunition, unlawful possession of a firearm and ammunition, and illegal possession of a machine gun. He was sentenced by the Honorable Richard J. Leon. Upon completion of his prison term, he will be placed on three years of supervised release.
During the plea colloquy, Calloway admitted that while a subject of an undercover investigation, he agreed to purchase a fully automatic AK-47 for $250. At the time, Calloway stated that he wanted to use the AK-47 on white people. He acknowledged making numerous statements expressing support against non-Muslims, police officers, and white people. He also acknowledged that he was a former Marine and a felon previously convicted of a felony.
Calloway was arrested by the FBI on May 4, 2017 when he took delivery of the AK-47. He has been in custody ever since.
This case was investigated by the FBI’s Washington Field Office. Assistance was provided by Paralegal Specialists Latina Sanders, Michael Watts, and Donna Galindo, and former Paralegal Specialist Jorge Casillas of the U.S. Attorney’s Office for the District of Columbia. The case was prosecuted by Assistant U.S. Attorneys Tejpal S. Chawla, of the U.S. Attorney’s Office for the District of Columbia, with assistance from former Assistant U.S. Attorney Jeffrey Pearlman, who is now with the Justice Department’s Criminal Division, and Trial Attorneys Justin Sher and Benita Corlett of the Justice Department’s National Security Division.
Detroit Man Pleads Guilty to Robbing Millcreek Township Jared StoreRead the Press Release
ERIE, Pa. - A former resident of Detroit, Michigan, pleaded guilty in federal court to a charge of Hobbs Act robbery, Acting United States Attorney Stephen R. Kaufman announced today.
Devon Ashley Edwards, 37, pleaded guilty to one count before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that on or about November 19, 2018, Edwards and a co-defendant entered the Jared-Galleria of Jewelry in Millcreek Township and used a hammer to smash display cases and remove jewelry.
Judge Baxter scheduled sentencing for December 9, 2021 at 1:30 p.m. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense 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, the Pennsylvania State Police and the Millcreek Police Department conducted the investigation that led to the prosecution of Edwards.
Dennis Duffy Pleads Not Guilty to CARES Act, American Express FraudsRead the Press Release
The United States Attorney for the District of Vermont announced that Dennis Duffy II, 38, of Winooski, pleaded not guilty today in United States District Court in Burlington to two sets of fraud charges. U.S. District Judge William Sessions III released Duffy on conditions pending trial, which has not been scheduled.
On July 8, a federal grand jury in Burlington returned a three-count indictment that charged Duffy with fraud and money laundering. The first fraud charge accused Duffy of making false statements and providing forged documents to North Country Federal Credit Union in the summer of 2020 in connection with Duffy’s application for a $416,000 Paycheck Protection Plan loan for Duffy’s commercial cleaning business, Night Owl Cleaning, Inc. The Paycheck Protection Plan loan program was established by Congress in the spring of 2020 as part of the Coronavirus Aid, Relief, and Economic Security Act. The CARES Act contained many provisions that were intended to address the medical, economic and social impacts of the COVID-19 epidemic. The Paycheck Protection Program was an economic stimulus program intended to help small businesses keep employees on payroll during the pandemic. It provided billions of dollars in low-interest, unsecured loans that were to be administered through and guaranteed by the U.S. Small Business Administration. Applicants had to certify that the loan proceeds would be used to maintain payroll and pay other business-related expenses. If applicants were able to demonstrate that proceeds were used to keep workers employed, some or all of a loan could be forgiven. Applicants had to provide the lending financial institution with certain documentation demonstrating their entitlement to and qualifications for a PPP loan.
According to the indictment, in late June 2020, Duffy applied for and received a $416,000 loan for Night Owl Cleaning from North Country. As part of the application process, Duffy gave NCFCU tax records, rent invoices and utility bills that purported to be for Night Owl. For example, Duffy gave the credit union what purported to be a federal corporate tax return for 2019 that indicated Night Owl had gross revenues that year that exceeded $7.3 million and had taxable income of about $382,000. In fact, according to the indictment, the actual returns Duffy filed with IRS that year reported gross revenues of $79,000 and taxable income of only $15,700. According to the indictment, other Night Owl financial information that Duffy submitted to NCFCU in support of the loan application was similarly fraudulent.
In early July 2020, NCFCU funded the PPP loan by depositing the $416,000 into a Night Owl Cleaning account. Instead of using those funds for Night Owl payroll, however, Duffy used more than $390,000 to buy a house in Milton.
The indictment accuses Duffy of committing an unrelated fraud against American Express in 2017. In April 2017, Duffy allegedly applied for and obtained an American Express credit card for Night Owl Cleaning. Between May and August 2017, Duffy used the AMEX to make three fraudulent purchases, totaling $125,000, from a business purportedly named Vermont Aerial. In fact, according to the indictment, the transactions were fraudulent transfers of American Express funds to another company that Duffy owned named Pet Stop. Immediately after the AMEX funds were deposited into the Pet Stop account, Duffy retransferred them to a Night Owl Cleaning account, then used those monies for his own benefit. Duffy allegedly purchased two cars and trucks with the AMEX funds; the indictment seeks forfeiture of the vehicles as proceeds of the federal crime of wire fraud.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, Duffy faces up to 30 years of imprisonment and a fine of up to $1,000,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Burlington office of the Federal Bureau of Investigation.
Duffy is represented by the office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Gregory Waples.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID- 19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Convicted Felon Sentenced for Illegally Possessing A Firearm During A Geneva Pawn Shop BurglaryRead the Press Release
Montgomery, Ala. – Today, Acting United States Attorney Sandra J. Stewart announced that a Dothan, Alabama man has been sentenced for being a felon in possession of a firearm. On August 4, 2021, 32-year-old Jeffrey B. Wilson was sentenced to 100 months in prison, to be followed by three years of supervised release. There is no parole in the federal system.
According to court records, on September 16, 2019, security cameras at the River City Pawn Shop in Geneva, Alabama captured a vehicle driving around to the back of the business. The driver, later identified as Wilson, got out of the vehicle and seemed to inspect the rear of the building. Video showed Wilson return to his vehicle and drive around the pawn shop a few times before leaving. Later that same day, Wilson returned and used power tools that he brought with him to cut a hole in the building’s rear wall. He then armed himself with a .22 caliber revolver and crawled through the hole he had created. While inside, Wilson grabbed two cases, exited through the back door, and placed them in his vehicle and left the premises. One of the cases taken contained an Anderson Manufacturing, model AM-15, MULTI caliber semiautomatic rifle.
Law enforcement quickly developed Wilson as a suspect and obtained a search warrant for his residence. Wilson was home when law enforcement arrived to execute the warrant and, initially, he barricaded himself inside. Fortunately, officers were able remove Wilson from the residence without serious injury. During the subsequent search, agents recovered the revolver Wilson carried into the pawn shop as well as the stolen rifle. Wilson has previous felony convictions and is prohibited from possessing firearms.
This case was investigated by the Geneva Police Department, the Geneva County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), with assistance from the Montgomery County Sheriff’s Office. Assistant United States Attorneys Brett Talley and Joshua Wendell prosecuted the case.
Connecticut Man Sentenced to 8 ½ Years for Federal Firearms ViolationRead the Press Release
WILMINGTON, N.C. – A Connecticut man was sentenced to 102 months in prison for possessing a firearm despite being a previously convicted felon. Marquis Lamar McDuffie entered his guilty plea on May 5, 2021.
According to court documents and other information presented in court, officers with the Greenville Police Department attempted to conduct a lawful traffic stop on a vehicle operated by McDuffie on May 3, 2020. McDuffie attempted to flee before exiting his vehicle, throwing a loaded handgun over a fence and into the parking lot area of a nearby motel. The firearm landed by two children who were playing outside but was quickly secured by police officers. A subsequent search of McDuffie’s vehicle yielded quantities of marijuana, MDMA, and crack cocaine. McDuffie was on federal supervised release from Connecticut for a prior firearm conviction.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Greenville Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case and Assistant U.S. Attorney Aakash Singh prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 4:20-CR-99-M.