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26 July 2021
Toomsuba Man Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. - A Toomsuba man pleaded guilty today to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Darren J. LaMarca and Kurt Thielhorn, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
According to court documents, Kristopher Calvin Branch, 44, was found in possession of a firearm by officers of the Lauderdale County Sheriff’s Department on July 27, 2020, during an unrelated investigation concerning trespassing. Branch had a small caliber pistol in his pocket. Branch has four prior felony convictions. As a convicted felon it is contrary to federal law for Branch to possess any firearm.
Branch is scheduled to be sentenced on October 27, 2021 and faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Lauderdale County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case.
Assistant U.S. Attorney Charles W. Kirkham is prosecuting the case.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Todd County Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Todd County, South Dakota, man has been indicted by a federal grand jury for failure to register as a sex offender.
Eugene Hollow Horn Bear, age 61, was indicted on July 14, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 26, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, mandatory minimum 5 years of supervised release, up to life, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 2, 2020, and April 23, 2021, in the District of South Dakota, Hollow Horn Bear, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction under federal law, knowingly failed to register and update a registration.
The charge is merely an accusation and Hollow Horn Bear is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Abby Roesler is prosecuting the case.
Hollow Horn Bear was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Three Former Hamilton Correctional Institution Annex Officers Plead Guilty to Violating Inmate’s Civil RightsRead the Press Release
Jacksonville, Florida – Ethan Burkett (25, Live Oak, FL), Coty Michael Wiltgen (31, Live Oak, FL), and William Story Shackelford (24, Valdosta, GA) have pleaded guilty to beating an inmate in their custody, in violation of the inmate’s civil rights. Each faces a maximum penalty of 10 years in federal prison.
According to court documents, on March 3, 2020, while on duty as correctional officers at the Hamilton Correctional Institution Annex (HCI) in Jasper, Florida, Burkett, Wiltgen, and Shackelford struck an inmate multiple times while he was lying handcuffed on the ground. Specifically, Wiltgen and Shackelford escorted the victim to an outdoor area at HCI and assaulted the victim following an earlier altercation involving the victim and Burkett. The victim had pushed Burkett off his path while he was chasing after another inmate inside a dormitory. When the victim then tried to walk away after pushing Burkett, Wiltgen sprayed the victim with pepper spray. The victim then laid down and offered no resistance as Wiltgen handcuffed him. Wiltgen and Shackelford then escorted the cooperative and compliant victim out of the dormitory to an outdoor area at HCI, out of camera view, and made the victim fall to the ground. Shackelford then held the victim down on the ground with his knee in the victim’s back to keep him from moving and struck the victim in the side. Wiltgen kicked the victim in the face approximately 15 times. When Burkett arrived outside, he went up to the victim and hit him twice with an open hand to the upper back and punched the victim’s body. The victim was screaming during the assault and was knocked unconscious by Wiltgen kicking him in the face. The officers’ actions caused the inmate to suffer multiple injuries. Burkett, Wiltgen, and Shackelford knew that their use of force against the victim was unnecessary and excessive, counter to their training, and completely unjustified at the time that they used such force and/or watched others use such force against the victim.
This case was investigated by the Florida Department of Corrections Office of Inspector General and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Ashley Washington.
Tampa Woman Sentenced in Credit Card Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge William Jung has sentenced Ariel Tillman (37, Tampa) to two years and eight months in federal prison for credit card fraud and aggravated identity theft. As part of her sentence, the court also entered a money judgment of $225,271.04, the proceeds of the fraud.
Tillman had pleaded guilty on December 3, 2019.
According to court documents, from approximately July through October 2018, Tillman and others devised and executed a scheme whereby they obtained stolen credit card numbers and used those account numbers to purchase stamps at night from self-service kiosks at various U.S. Post Offices. They then sold the stamps on the secondhand market. During the course of its investigation, the U.S. Postal Inspection Service obtained dozens of surveillance photos of Tillman using counterfeit credit cards to make purchases at Post Offices in Brandon, Brandon-Bloomingdale, Riverview, Sun City Center (Ruskin), Temple Terrace, Carrollwood (Tampa), Dunedin, Forest Hills, St. Petersburg, New Tampa, and Pinellas Park.
This case was investigated by the United States Secret Service, the United States Postal Inspection Service, and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Rachel Jones.
St. Thomas Man arrested at Cyril E. King Airport for Smuggling Marijuana into the Virgin IslandsRead the Press Release
St. Thomas-USVI – United States Attorney Gretchen C.F. Shappert announced today that a St. Thomas man was arrested on Friday July 23, 2021 at the Cyril E. King Airport on criminal charges related to his alleged possession of marijuana with intent to distribute.
According to court documents, Allany Peterson-Mendez, 25, of St. Thomas, Virgin Islands flew onto St. Thomas on a commercial airline with a green leafy substance contained in his checked luggage. Peterson-Mendez was escorted by Customs and Border Protection officers to a secure location for a baggage check, during which officers located two kilograms of marijuana
Petersen-Mendez is charged with Possession of Marijuana with intent to distribute. The defendant made his initial appearance in federal court on Monday July 26, 2021 before Magistrate Judge Ruth Miller.
The Department of Homeland Security, Homeland Security Investigations is investigating the case.
A criminal complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
St. Croix Woman Sentenced to Ten Months Federal Prison for Tax Fraud Scheme Involving the Filing of Falsified Tax Returns after Jury Finds her GuiltyRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced today that Patricia Henry, age 52, was sentenced to ten months incarceration on July 23, 2021 in District Court by Judge Wilma Lewis on one count of Conspiracy to Defraud the United States for her part in a tax fraud scheme. The sentencing follows a five-day jury trial on St. Croix that ended November 17, 2020. Evidence presented at the trial indicated that, as part of a tax fraud scheme, $8,918 was deposited into Patricia Henry’s account, stemming from a false tax return, and $10,068 generated from another false return, also filed in the defendant’s name. The money was transferred to Patricia Henry by her daughter, codefendant, Phiona Henry, after the money was initially deposited into one of Phiona Henry’s bank accounts. An additional $106,382 was also deposited into Phiona’s bank account as part of the fraudulent scheme. Phiona Henry was sentenced to 8 months of federal incarceration on February 26, 2021 after pleading guilty to one count of Conspiracy to Defraud the United States.
According to court documents, Phiona Henry, her mother Patricia Henry, and others participated in a scheme to unlawfully obtain money from the United States treasury by fraudulently acquiring federal income tax refunds during the period from 2010 to 2013. The scheme involved the acquisition of personal identifying information used to electronically file falsified tax returns for tax years 2009 through 2012. Patricia Henry aided others in the filing of tax returns in individuals’ true names and actual social security numbers but falsified the individuals’ income earned, tax withholding amounts, credits, and other information, and thereby claimed refunds to which they were not entitled. Persons involved in the scheme designated bank accounts for receipt of the refunds, which, once received, they subsequently withdrew.
In addition to the term of her incarceration, the Patricia Henry was sentenced to a term of 3 years of supervised release and ordered to pay a mandatory special assessment fee of $100.00, along with restitution to the Internal Revenue Service of $18,986.
The prosecution of this fraud scheme is the result of years of investigative work by the Internal Revenue Service-Criminal Investigations, which identified and dismantled a massive stolen identity refund fraud scheme perpetrated in the Virgin Islands and elsewhere.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorney Melissa Ortiz.
St. Albans Man Pleads Guilty to Federal Drug CrimeRead the Press Release
CHARLESTON, W.Va. – Ronald Pleasant, 26, of St. Albans, pleaded guilty to distribution of 50 grams or more of methamphetamine.
According to court documents, Pleasant sold two ounces of methamphetamine to a confidential informant for $1,000 on December 10, 2019 in St. Albans. Pleasant admitted selling methamphetamine to the same confidential informant on two other occasions.
Pleasant faces a mandatory minimum of five years and up to 40 years in prison when he is sentenced on November 4, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Drug Enforcement Administration (DEA).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorneys Monica Coleman and Negar Kordestani are handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-00197.
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Six Additional Defendants Arrested in Joint State/Federal Investigation into 35-Member Interstate Cocaine Trafficking ConspiracyRead the Press Release
Myrtle Beach, South Carolina --- Acting United States Attorney M. Rhett Dehart announced today that a joint team of dozens of federal, state, and local law enforcement officers, led by the Drug Enforcement Administration (DEA), arrested six individuals who have been charged in federal court for their roles in an interstate drug trafficking organization that operated out of Myrtle Beach, Conway, Florence, and New York City.
This is the second round of indictments in Operation New Optix, which began with the related indictment of 26 alleged drug traffickers in December 2020. Of the 35 defendants currently indicted, four remain at large and 22 have already pled guilty. This multi-year operation specifically targeted members of this drug trafficking organization based on their interstate importation of large quantities of cocaine and crack cocaine into South Carolina from the New York area, and their use of firearms in furtherance of their drug trafficking crimes. During this week’s arrests, agents seized approximately $272,546 in suspected drug proceeds, five vehicles, 11 firearms, more than 4.5 kilograms of suspected cocaine, more than 450 grams of suspected crack cocaine, and additional amounts of suspected fentanyl, heroin, marijuana, and other drugs.
The following defendants were arrested this week:
- Jovan Steven GRAVES, a/k/a “Pablo,” 34, of Brooklyn, New York, is charged with conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine. This charge carries a potential penalty of 10 years to Life imprisonment.
- Sean Lewis ADAMS, a/k/a “Lou,” 39, of Longs, is charged with conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine. This charge carries a potential penalty of 10 years to Life imprisonment.
- Arthur Lee BUSBEE, JR., a/k/a “Bubba Jaws,” 39, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Deondray Azell AZELL STANFIELD, a/k/a “Rich Black,” 43, of Myrtle Beach, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Brodus Bernard GREGG, 68, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Dayvon Chadmar BEASE, a/k/a “T-Nochi,” 37, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
The following defendants who were charged in the first round of this investigation have pled guilty:
- Shackeel COLEMAN, 29, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine. This charge carries a potential penalty of 10 years to Life imprisonment.
- Harry BELLAMY, 41, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine, 28 grams of cocaine base, and a quantity of marijuana. This charge carries a potential penalty of 10 years to Life imprisonment.
- Steven JEFFCOAT, 30, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine and 28 grams of cocaine base. This charge carries a potential penalty of 10 years to Life imprisonment.
- Lenard HEMINGWAY, 53, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Yenitza COLEMAN, 27, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Jasamine MITCHELL, 32, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Bradley ADAMS, 26, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Timothy MCCRAY, 31, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of cocaine base and a quantity of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment
- Brandon PRAWL, 35, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine and 28 grams of more of cocaine base. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Henry BOYD, 39, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base and a quantity of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Timothy LEE, 27, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Jacqueline STRICKLAND, 59, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Venson STRICKLAND, 29, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base and a quantity of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- James GRAHAM, 30, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine. This charge carries a potential penalty of up to 20 years imprisonment.
- Alonzo Lee PIERCE, 37, of Galivants Ferry, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base and a quantity of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Gary JACKSON, 30, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute 500 grams or more of cocaine. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Alton BROWN, 41, of Florence, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine and a quantity of cocaine base. This charge carries a potential penalty of up to 20 years imprisonment.
- Joshua DARBY, 32, of Murrells Inlet, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine and a quantity of cocaine base. This charge carries a potential penalty of up to 20 years imprisonment.
- Travis ROGERS, 40, of Conway, pled guilty to conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base. This charge carries a potential penalty of 5 to 40 years imprisonment.
- Kevin LINNEN, 33, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine. This charge carries a potential penalty of up to 20 years imprisonment.
- Mario WILLIAMS, 41, of Florence, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine and a quantity of marijuana. This charge carries a potential penalty of up to 20 years imprisonment.
- Robert HOOKER, 40, of Myrtle Beach, pled guilty to conspiracy to possess with intent to distribute and distribute a quantity of cocaine. This charge carries a potential penalty of up to 20 years imprisonment.
The following defendants from the first round are in custody pending trial or plea:
- Quentin SMITH, 29, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 28 grams of more of cocaine base. This charge carries a potential penalty of 5 to 40 years imprisonment. He is also charged with possession of a firearm in furtherance of a drug trafficking crime which carries a potential penalty of 5 years consecutive to any other penalty imposed.
- Kimo FELTON, 41, of Conway, is charged with conspiracy to possess with intent to distribute and distribute 5 kilograms or more of cocaine. This charge carries a potential penalty of 10 years to Life imprisonment.
- Curtis MCARTHUR, 35, of Longs, is charged with conspiracy to possess with intent to distribute and distribute a quantity of cocaine. This charge carries a potential penalty of up to 20 years imprisonment.
Operation New Optix is the latest in a series of joint federal/state investigations targeting violent crime in Myrtle Beach and Horry County. In 2017, Operation Silver Sunset targeted 29 associates of the Billy Bloods street gang, a subset of the United Blood Nation. In 2018, Operation Rise and Shine targeted 33 associates of G-Shine/SMG, another subset of the Bloods. In 2020, Operation Broken Branch targeted 31 members of a drug trafficking organization in the Cedar Branch area of Horry County. The recent arrests mark the latest, but not the last, joint investigation targeting violent crime in this area.
Agents with the DEA’s Florence Resident Office led the investigation, with significant participation from the Bureau of Alcohol Tobacco, Firearms, and Explosives (ATF), United States Marshal Service, Myrtle Beach Police Department, Horry County Police Department, North Myrtle Beach Police Department, Florence County Sheriff’s Office – Special Operations Group, Georgetown County Sheriff’s Office, 15th Circuit Drug Enforcement Unit, Conway Police Department, and Horry County Sherriff’s Office.
“As this office has made clear time and again, violent criminals will find no safe harbor in South Carolina,” said Acting U.S. Attorney DeHart. “Because of the work of our federal, state, and local partners, we have obtained more than 100 convictions and been able to dismantle violent gangs across the Pee Dee Region.”
“These convicted notorious gang-related drug dealers distributed poison to the community and caused fear through means of violence and intimidation,” said the Special Agent in Charge of the DEA Atlanta Field Division Robert J. Murphy. “Step by step, the government disrupted and dismantled this once-thriving criminal network. This case has been successful because of spirited level of cooperation between DEA and its law enforcement counterparts.”
“Thank you to everyone involved for preparing and prosecuting these cases,” said Myrtle Beach Police Chief Amy Prock. “Our community is safer because of their hard work and dedication.”
Assistant United States Attorney Everett McMillian, Lead Task Force Attorney for the Organized Crime Drug Enforcement Task Force (OCDETF), is prosecuting the case in coordination with the 15th Circuit Solicitor’s Office. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
All defendants who have not pled are presumed innocent until and unless proven guilty.
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Sioux Falls Man Sentenced for Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on July 26, 2021, by U.S. District Judge Karen E. Schreier.
Timothy Tod Hartman, age 36, was sentenced to 80 months in federal prison, followed by four years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hartman was indicted by a federal grand jury on July 20, 2020. He pled guilty on May 6, 2021.
The conviction stemmed from incidents beginning on or about February 25, 2020, when Hartman knowingly and intentionally possessed with intent to distribute 5 grams or more of actual methamphetamine, which is a Schedule II controlled substance.
Hartman had been under surveillance as part of an ongoing drug investigation. A traffic stop was attempted, but Hartman drove off. Knowing where he lived, officers went to his residence and arrested him. They found him with a Glock pistol, with an extended magazine containing 20 rounds, almost 10 grams of marijuana, 13 grams of methamphetamine, and drug paraphernalia. A search of Hartman’s apartment also revealed 61 grams of methamphetamine and a stolen handgun.
This case was investigated by the Sioux Falls Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hartman was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Possession of Child PornographyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Sioux Falls, South Dakota, man convicted of Possession of Child Pornography was sentenced on July 26, 2021, by U.S. District Judge Karen E. Schreier.
Eric Wallace Hedrick, age 47, was sentenced to 120 months in federal prison, followed by five years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Hedrick was indicted by a federal grand jury on July 9, 2019. He pled guilty on May 6, 2021.
The conviction stemmed from incidents between December 28, 2018, and May 28, 2019, when Hedrick knowingly possessed child pornography that had been mailed, shipped, and transported in or affecting interstate or foreign commerce by any means, including by computer. Hedrick used his cell phones and tablet to search the internet for images and videos containing child pornography. Hedrick’s sentence was enhanced due to a prior sex offense conviction in 2006.
This case was investigated by Homeland Security Investigations and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hedrick was immediately turned over to the custody of the U.S. Marshals Service.
Settlement Agent Sentenced for Misappropriating Closing FundsRead the Press Release
NORFOLK, Va. – The former president of an escrow and title company was sentenced today to 18 months in prison for misappropriating $715,000 of closing funds in connection with 48 real estate transactions for which she served as the settlement agent.
According to court documents, Tammy Hamrin, formerly known as Tammy A. Cheek, 58, of Virginia Beach, was a licensed title and settlement agent and was the president, secretary, and treasurer of Preferred Escrow and Title, Inc. During 48 real estate transactions between January 2018 and approximately February 2018, Hamrin misappropriated $715,000 of closing funds that had been deposited by various lenders and individual buyers into the company’s escrow account. She did so by making seven unauthorized wire transfers of funds from the escrow account to certain entities at the request of a person with whom Hamrin had an online personal relationship.
During this period, Hamrin partially replenished the funds that she had misappropriated by depositing approximately $199,000 of her own money into the escrow account, resulting in a remaining shortage of approximately $516,000. As a result, all 48 closings were affected. Among others, losses were sustained by sellers, buyers, business entities, financial institutions, various lienholders, municipal clerks of court and treasurer offices, and a title insurance company.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia, and Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson.
Assistant U.S. Attorney Alan M. Salsbury 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. 2:21-cr-2.
Queens Man Pleads Guilty to Sexually Exploiting Children and Possessing Child PornographyRead the Press Release
Earlier today, in federal court in Brooklyn, Orlando Lopez pleaded guilty to nine counts of child exploitation and one count of possession of child pornography. The proceeding took place before United States District Judge Eric R. Komitee. When sentenced, Lopez faces up to 50 years’ imprisonment on each count of production of child pornography, as well as forfeiture, restitution and a fine.
Jacquelyn M. Kasulis, Acting United States Attorney for the Eastern District of New York, announced the guilty plea.
“With today’s guilty plea, the defendant admits to preying on vulnerable young children for the cruel purpose of sexually exploiting them, and he also admits to possessing thousands of pornographic videos and photographs depicting his depraved acts of sexual abuse.” stated Acting United States Attorney Kasulis. “While the defendant’s admission of guilt cannot undo the terrible harm he has inflicted, it does provide assurance that this Office and its law enforcement partners remain steadfast in their commitment to prosecuting dangerous predators like the defendant to the fullest extent of the law.”
Ms. Kasulis expressed her grateful appreciation to the Federal Bureau of Investigation, New York Field Office, the New York City Police Department and the Queens County District Attorney’s Office for their assistance with the case.
According to court filings and admissions made in court at the time he entered his plea, Lopez created child pornography by sexually abusing children and taking photographs and videos of the abuse. Many of the children Lopez targeted lived with their families near Lopez’s residence in Queens and were between the ages of two and 10 years old when he sexually abused them. In order to gain access to his victims, Lopez attempted to befriend their parents. Law enforcement recovered thousands of photos and videos from Lopez’s residence depicting him engaging in sexual activity with children.
This prosecution is part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The government’s case is being prosecuted by Assistant United States Attorney Tanya Hajjar.
The Defendant:
ORLANDO LOPEZ
Age: 66
Jamaica, QueensE.D.N.Y. Docket No. 20-CR-52 (EK)
Philadelphia Man Arrested on Murder-For-Hire Charges; Attempted Homicide in Southwest Philadelphia ThwartedRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Darnell Jackson, a/k/a “Major Change,” 47, of Philadelphia, PA, was arrested and charged by Criminal Complaint on federal charges of murder-for-hire and possession of ammunition by a convicted felon. In a news conference outside the federal courthouse in Philadelphia alongside Assistant Special Agent-In-Charge for FBI Philadelphia’s Violent Crime Branch James Christie and Philadelphia Police Chief of Investigations Chief Inspector Frank Vanore, Acting U.S. Attorney Williams discussed the charges and the investigation leading to the defendant’s arrest as part of the federal effort to reduce violent crime in Philadelphia known as ‘All Hands On Deck.’
According to publicly filed court documents unsealed today, the defendant allegedly orchestrated a murder-for-hire plot which stemmed from an ongoing state drug trafficking investigation. One week ago on Monday, July 19, 2021, and in the days immediately following, Jackson allegedly communicated with an individual via cell phone calls and text messages in an effort to arrange the killing of a different individual (the intended victim), sending a photo of the intended victim and indicating that he was willing to pay $5,000 to someone to commit the murder. Jackson also allegedly mentioned to the individual that he was interested in locating the close friends of the intended victim so that they could be harmed as well. Once the individual reported to the defendant that he had located the intended victim, they allegedly agreed that the killing would occur on the evening of Wednesday, July 21st.
That same evening, the individual called Jackson to report that the intended victim had been killed, but this was actually false. In response, the defendant allegedly replied that he was on his way to meet the individual in order to pay him for his services. A few minutes later, Jackson was stopped by law enforcement while driving a vehicle in the vicinity of 65th Street & Guyer Avenue in Southwest Philadelphia, and he was allegedly found in possession of a Glock-style Personally Manufactured Firearm (PMF or ‘ghost gun’) loaded with 16 live rounds of ammunition, and nowhere near the amount of $5,000. The defendant was immediately arrested and taken into custody pursuant to the Criminal Complaint; he made his initial appearance in federal court on Friday, July 23, and will appear before U.S. Magistrate Judge Perkin for a detention hearing on Tuesday, August 3.
“It is no stretch of the imagination to conclude that law enforcement thwarted multiple alleged attempted murders by the defendant last week,” said Acting U.S. Attorney Williams. “But there are hundreds of families in this city for whom this news means very little, because their loved ones were already gunned down this year. I want to thank the dedicated men and women of the FBI and Philadelphia Police Department who were responsible for taking Jackson off the streets, and I want to assure the public that we will continue to do all we can to fight the surge of violence plaguing our city.”
“When our Safe Streets Gang Task Force received information on an alleged murder for hire last week, we immediately determined this was truly a life-threatening situation,” said James E. Christie, Assistant Special Agent in Charge of the FBI’s Philadelphia Division. “Agents and task force officers worked quickly, taking all necessary steps to disrupt this deadly plot. As a result, the intended victim is safe, the alleged orchestrator is behind bars, and a ghost gun is off the street. We refuse to cede this city to criminals who think solving a problem means pulling a trigger, who hold blocks and entire neighborhoods hostage to their violence. The ‘All Hands on Deck’ initiative continues to produce results and you’ll be seeing more of those in the weeks and months to come.”
“Every day, members of law enforcement agencies at all levels work tirelessly to prevent violent events from occurring in our city,” said Philadelphia Police Commissioner Danielle Outlaw. “The PPD and our partner agencies recognize the gravity of Philadelphia’s plight. People who commit serious crimes must face serious consequences, and arrests like the one announced today are the very reason why this joint initiative was created. I want to thank the FBI and the U.S. Attorney’s Office for pledging their support to this effort and ultimately contributing to the safety and well-being of those who live, work, and visit this beautiful city.”
If convicted, the defendant faces a maximum possible sentence of 20 years in prison (10 years for each charge).
The case was investigated by the Federal Bureau of Investigation – Philadelphia Field Office and the Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Justin Ashenfelter.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Peoria Man Sentenced to 67 Months in Prison for Stealing Nearly 100 Guns from Area Licensed DealersRead the Press Release
PEORIA, Ill. – A Peoria, Ill., man, Keith L. Winters, 31, was sentenced on July 21, 2021, to an aggregate term of 67 months in federal prison, to be followed by a three-year term of supervised release, for conspiring and stealing firearms from federal firearms licensees, possessing stolen firearms, and possessing firearms while a felon. Altogether, Winters’s burglaries involved 94 stolen firearms.
Winters, who pleaded guilty to the charges, admitted that on March 21, 2019, he and two others drove a stolen truck from Peoria to The Tac Shack in Monmouth, Illinois. Two additional accomplices accompanied the truck by car to serve as a lookout. When both vehicles arrived at The Tac Shack, participants in the burglary shattered the glass storefront and made entry. After taking 36 guns from the store, the men drove back to Peoria and divided up the stolen guns. Winters further admitted that on March 29, 2019, he and several others drove a stolen truck from Peoria to Farm King in Galesburg, Illinois, where the men used wire cutters to enter a fenced area, then broke a window to make entry. Like the first burglary, two additional accomplices in a separate vehicle acted as a lookout for law enforcement. After taking 58 guns from Farm King, the men drove back to Peoria to divide up the stolen guns. At the time Winters committed each of the burglaries, he had previously been convicted of felony offenses and was prohibited by law from possessing firearms.
At the sentencing hearing, the government presented evidence that law enforcement recovered approximately 40 of the firearms in the months following the burglaries. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Peoria Police Department used the ATF’s ballistic imaging network to determine that the stolen guns had traveled to Peoria, Chicago, and Evanston, as well as out of Illinois, including to cities in Iowa, Indiana, and Alabama. Many of the firearms recovered were linked to other crimes, including robbery, unlawful possession of weapons, shootings, and homicide. Shell casings from one of the guns matched those from one of several firearms discharged in a gunfight on the Peoria Riverfront on July 19, 2020, where 13 people were wounded.
Previously, on July 16, 2020, Winters’s co-defendant Jeremy L. Howard, 41, was sentenced to 52 months in prison, to be followed by a three-year term of supervised release, for his involvement in the possession and distribution of firearms. On June 2, 2021, codefendant Miray A. Smith, 21, was sentenced to 46 months in prison, to be followed by a 3-year term of supervised release, for conspiring and stealing firearms from federal firearms licensees and possessing stolen firearms. Both men resided in Peoria at the time of their crimes. At Smith’s sentencing hearing, United States District Judge Michael M. Mihm emphasized the dangerousness of the distribution of unlawful firearms on the streets, likening a stolen gun to a boulder rolling down a mountain that will inevitably crash into something and destroy lives.
“Working with the ATF and our other law enforcement partners, the United States Attorney’s Office remains committed to doing what it takes to get guns out of the hands of people who cannot legally possess them,” said Acting U.S. Attorney Douglas J. Quivey. “Burglaries of licensed firearms dealers represent a major threat to public safety not just in Central Illinois but to the entire region, and we will continue to aggressively investigate and prosecute all of those responsible.”
“ATF will continue to collaborate with state and local partners to investigate all thefts from federal firearms licensees,” commented ATF Special Agent in Charge Kristen de Tineo of the Chicago Field Division. “I commend the coordinated effort of the law enforcement agencies in investigating this case and the United States Attorney’s office for charging it.”
The charges are the result of investigation by the ATF, with assistance from the Galesburg Police Department; Illinois State Police; Monmouth Police Department; Peoria County Sheriff’s Office; and the Peoria Police Department. Assistant U.S. Attorney Ronald L. Hanna represented the government in the prosecution of the case in coordination with the Warren County, Knox County, and Peoria County State’s Attorneys’ Offices.
Parkersburg Man Sentenced to Federal Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to six years in federal prison for distributing child pornography. Upon his release, Timothy Paul Rapson, 39, will be required to serve a term of 20 years of supervised release and to register as a sex offender.
According to court documents, Rapson previously pleaded guilty to using a peer-to-peer file sharing program to distribute child pornography on December 31, 2019. The investigation revealed that Rapson possessed over 76,000 images and videos of child pornography, many of which depict prepubescent minors.
Acting United States Attorney Lisa G. Johnston made the announcement and praised the investigative work of the Parkersburg Police Department. Assistant United States Attorney Julie M. White handled the prosecution.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:20-cr-000175.
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Owner of Business Providing Physical Therapy Services Sentenced to 15 Months in Federal Prison for Failure to Pay $1.69 Million in Federal Employment and Employer TaxesRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge James K. Bredar sentenced Harshe Shende, age 57, of Hanover, Maryland, to 15 months in federal prison, followed by two years of supervised release, for willful failure to pay over employment taxes. Chief Judge Bredar also found that Shende failed to pay to the IRS a total of $1,690,000 in federal employment and employer taxes and ordered Shende to pay restitution in that amount to the IRS. Chief Judge Bredar imposed the sentence late on July 23, 2021.
The sentence was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner and Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to his guilty plea, Shende was the sole owner and resident agent of Progressive Rehab Services, LLC, which employed physical and occupational therapists who went to nursing homes to render services to patients. Shende was the sole signatory on two bank accounts he opened for the corporation at separate banks in 2008 and 2013, respectively. Shende accrued large liabilities for Progressive Rehab by filing forms with the IRS which showed the amount of income tax withholding he collected from Progressive Rehab’s employees and their Medicare and Social Security withholding (collectively employment taxes) but by failing to pay the employment taxes to IRS. Shende also failed to pay the employers’ portion of employment taxes to the IRS. The IRS pursued collection activities against Progressive Rehab.
As detailed in his plea agreement, on March 16, 2006, Shende and his then wife incorporated Progressive Health Group, Inc., (“Progressive Health”) in Maryland, with the stated purpose to provide rehab to nursing homes, hospitals, assistive living and home health. Shende was listed as Executive Director on two bank accounts he opened for the corporation at separate banks in 2008 and 2012, respectively. Shende listed the same address in Columbia, Maryland, for Progressive Health as he did for Progressive Rehab.
Shende admitted that he caused Progressive Rehab’s employees to perform the same work but billed for their work using the name Progressive Health and paid their salaries using Progressive Health’s bank account. Progressive Health withheld payroll taxes from its employees’ paychecks, including federal income taxes, Medicare and social security (“FICA”) taxes. As he did with Progressive Rehab, Shende filed forms with the IRS for Progressive Health showing the amount of employment taxes withheld. However, as he did with Progressive Rehab, Shende willfully chose not to pay the taxes withheld from Progressive Health’s employees’ wages to the IRS, nor did he pay the employer’s portion of the employment taxes.
As a result, Shende failed to pay to the IRS a total of $155,838.15 in employment taxes withheld in tax years 2014 and 2015 and failed to pay the IRS a total of $103,066.85, which was the employer’s share of employment taxes for tax years 2014 and 2015.
Acting United States Attorney Jonathan F. Lenzner commended the IRS-CI for its work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Joyce K. McDonald, who prosecuted the case.
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Out-of-state man pleads guilty to smuggling 117 from Laredo in trailerRead the Press Release
LAREDO, Texas – A 42-year-old resident of Covington, Georgia, has pleaded guilty in Laredo federal court to conspiracy to transport undocumented aliens, announced Acting U.S. Attorney Jennifer B. Lowery.
Jonathan Kyle Price admitted he had agreed to smuggle 117 aliens past a Border Patrol (BP) checkpoint.
On Feb. 19, Price arrived at the BP checkpoint on Interstate Highway 35 approximately 29 miles north of Laredo in a tractor-trailer. However, he drove away before his immigration inspection was complete. Law enforcement pursued and quickly stopped him
A service K-9 then detected an odor within the trailer. Authorities conducted a thorough inspection and found 117 undocumented aliens.
U.S. District Judge Marina Garcia Marmolejo will impose sentencing Oct. 25. At that time, Price faces up to 10 years in prison. He was permitted to remain on bond pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of BP. Assistant U.S. Attorney David Fawcett is prosecuting the case.
Ohio Man Sentenced to Federal Prison for Methamphetamine ConspiracyRead the Press Release
CHARLESTON, W.Va. – A Columbus, Ohio man was sentenced today to 70 months in prison for conspiracy to distribute methamphetamine. Rashawn Akmed Miller, 37, was one of 14 defendants charged as a result of a long-term investigation known as “Second Wave,” which dismantled a poly-drug network operating in Kanawha and Fayette counties.
According to the his plea agreement and statements made in court, Miller brokered a deal between a Columbus, Ohio supplier and Jason Michael Terrell and Roger Jarea Drake. Terrell and Drake traveled from Kanawha County to Columbus where Miller introduced them to the supplier who sold them approximately two pounds of methamphetamine. Terrell and Drake returned to West Virginia where they distributed the methamphetamine. Terrell was sentenced to 14 years in federal prison for conspiracy to distribute more than 500 grams of methamphetamine. Drake is scheduled to be sentenced in September 2021.
All defendants charged as a result of the Second Wave investigation have pleaded guilty. Along with Drake, Steven Matthew Bumpus, Craig Redman, Tonya Simerly and Ronald Lee Thomas III are scheduled to be sentenced in September 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the excellent investigative work of all the law enforcement agencies involved in the case. The long-term investigation was spearheaded by the Federal Bureau of Investigation (FBI) in partnership with the Central West Virginia Drug Task Force (CWVDTF), the Kanawha County Sheriff’s Department, the Charleston Police Department, the United States Postal Inspection Service (USPIS) and the Metropolitan Drug Enforcement Network Team (MDENT). The Drug Enforcement Administration (DEA) conducted the investigation of Sammy Joe Fragale, Sr., and Sammy Joe Fragale II, as part of the Second Wave investigation.
Senior United States District Judge David A. Faber imposed the sentence. Assistant United States Attorney Joshua C. Hanks 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. 2:20-cr-000154.
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North Park Gang Member Previously Convicted of Racketeering Conspiracy is Sentenced for Sex Trafficking of ChildrenRead the Press Release
Assistant U. S. Attorney Joseph Orabona (619) 546-7951
NEWS RELEASE SUMMARY – July 26, 2021
SAN DIEGO, CA – Jonathan Devon Price, aka “Lil’ Ty,” a North Park street gang member previously convicted of Racketeering Conspiracy, was sentenced in federal court today by Senior U.S. District Court Judge John A. Houston to 142 months in prison for committing the new crime of sex trafficking of children, and 24 months in prison for violating the conditions of supervised release in his racketeering case.
In December 2013, Price was charged with racketeering conspiracy, known as RICO, involving sex trafficking in San Diego and elsewhere. In October 2015, Price pleaded guilty to RICO by admitting his active role in the conspiracy that involved transporting adult females in San Diego and elsewhere for the purposes of prostitution. Price was later sentenced by Judge Houston to more than two years in prison and three years of supervised release.
Between 2016 and 2019, Price violated his supervised release on multiple occasions and was returned to prison. He was released from prison on his last violation on August 30, 2019.
While on federal supervision, Price was arrested on November 26, 2019 for once again engaging in sex trafficking. He was first transferred to state court for a matter involving the battery of one of his trafficking victims. After his battery conviction in state court in January 2020, he was transferred to federal court and arraigned on sex trafficking charges in February 2020. Price was ordered detained and has been in custody since his arrest in November 2019.
On October 13, 2020, Price appeared before U.S. Magistrate Judge Michael S. Berg and entered a guilty plea to the charge of sex trafficking of children. In his plea, Price admitted that in November 2019, he knowingly transported, provided, maintained, and obtained a 17-year-old minor female for the purpose of her engaging in commercial sex acts in San Diego County. Price also admitted he caused online ads to be posted offering the minor female for commercial sex. In addition, Price admitted that between about June 2018 and November 2019, he knowingly transported, provided, maintained, and obtained an adult female for the purpose of her engaging in commercial sex acts. During this time, Price used fraud, force, and coercion against the adult female in order to cause her to engage in commercial sex acts.
As part of his plea agreement, Price admitted that by committing the crime of sex trafficking of children in November 2019 he violated his supervised release conditions pending in his RICO case. For violating his supervised release, Price was sentenced to 24 months in prison, with 12 months to run consecutive and 12 months to run concurrent to the new prison sentence of 142 months for sex trafficking of children.
“Exploiting girls and women through sex trafficking is a despicable crime that has a long-lasting and devastating impact on the victims’ lives and futures,” said Acting U.S. Attorney Randy S. Grossman. “Our office will continue to work with law enforcement partners to end the abuse and ensure traffickers are held accountable for the damage they cause.” Grossman praised prosecutor Joseph Orabona and members of the San Diego Human Trafficking Task Force for their excellent work on this case.
“Today, the defendant was sentenced for his crimes of sexual exploitation of multiple victims to include a minor,” said FBI Special Agent in Charge Suzanne Turner. “The FBI is proud to work alongside our partners on the San Diego Human Trafficking Task Force to pursue cases such as these. I hope today’s proceedings bring a sense of justice to the victims as they move forward in their lives.”
DEFENDANT Case Numbers: 20CR0852-JAH, 13CR4510-JAH
Jonathan Devon Price, aka Lil’ Ty Age: 30 San Diego, CA
SUMMARY OF CHARGES
Sex Trafficking of a Minor, in violation of Title 18, United States Code, Section 1591
Maximum Penalties: Ten-year mandatory minimum and a maximum of life in prison; mandatory Sex Offender Registration; a maximum term of supervised release of life; mandatory restitution to the victims.
INVESTIGATING AGENCIES
San Diego Human Trafficking Task Force, which consists of:
- Federal Bureau of Investigation
- California Department of Justice
- California Department of Corrections & Rehabilitation – Parole
- California Highway Patrol
- ICE/Homeland Security Investigations
- National City Police Department
- San Diego City Attorney’s Office
- San Diego County District Attorney’s Office
- San Diego County Probation Department
- San Diego County Sheriff’s Department
- San Diego Police Department
- The United States Attorney’s Office, Southern District of California
Nigerian National Charged for Various Online Fraud SchemesRead the Press Release
BOSTON – A Nigerian national residing in Boston has been charged and has agreed to plead guilty in connection with online fraud schemes.
Macpherson Osemwegie, 32, agreed to plead guilty to one count of conspiracy to commit bank and wire fraud. A plea hearing has not yet been scheduled by the court.
According to the charging document, Osemwegie allegedly conspired with others to participate in a series of romance and other online scams designed to defraud victims into sending money to accounts and debit cards that Osemwegie and others controlled. Romance scams occur when a criminal adopts a fake online identity to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim.
To carry out the schemes, Osemwegie and his co-conspirators used false foreign passports in others’ names to open numerous bank accounts, and in turn directed the victims to send money to these accounts.
The charge of conspiracy to commit bank and wire fraud provides for a sentence of up to 30 years in prison, five years of supervised release, a fine of up to $1 million or twice the gross gain or loss, whichever is greater, restitution and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service; and Jonathan Davidson, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service made the announcement. Assistant U.S. Attorneys Sara Miron Bloom and Ian Stearns of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nicholas County Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Ralph Floyd Barnett, Jr., 61, of Birch River, pleaded guilty today to a federal gun crime. A federal grand jury indicted Barnett in April 2021.
According to statements made in court, deputies with the Nicholas County Sheriff’s Department responded to Barnett’s residence in Birch River on August 17, 2019 after he made a series of 911 calls, including one in which he threatened to shoot somebody. After hearing gunshots as they approached the residence, deputies arrested Barnett and obtained a search warrant to search his residence. A member of the Nicholas County Sheriff’s Department subsequently recovered a .22 caliber handgun from a chicken coop located on Barnett’s property. Barnett admitted that he was prohibited from possessing firearms as a result of his prior felony conviction for the federal crime of aiding and abetting in maintaining a drug premises.
Barnett pleaded guilty to possession of a firearm by a felon and faces up to 10 years in prison when sentenced on October 21, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Nicholas County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Joseph R. Goodwin presided over the hearing. Assistant U.S. Attorney Nowles Heinrich is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-00066.
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Newark Man Sentenced to 78 Months in Prison for Carjacking Uber DriverRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 78 months in prison for his role in a carjacking in which a firearm was brandished, Acting U.S. Attorney Rachael Honig announced today.
Raquin Tanner, 25, of Newark, previously pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to one count of aiding and abetting the carjacking. Judge Arleo imposed the sentence today in Newark federal court. His co-defendant, Rakeem McNair, 21, of Roselle, New Jersey, also previously pleaded guilty to an information charging him with one count each of carjacking and brandishing a firearm in furtherance of the carjacking and is scheduled to be sentenced in November 2021.
According to documents filed in this case and statements made in court:
On Aug. 13, 2019, the victim parked her car, which she used for her work as an Uber driver, on Summer Avenue in Newark. At approximately 11:00 p.m., the victim was sitting in the driver’s seat when three males approached her car.
Video surveillance from the scene showed that Tanner walked with the other two males around the corner. As they neared the victim’s car, Tanner spoke to the other two, then went ahead of them, looked into the passenger seat of the car, and upon seeing the lone female driver, signaled the other two males to begin the carjacking.
One of the other males pointed a firearm through the driver’s side window, opened the door and attempted to physically remove the victim from the car. A struggle ensued, and McNair went around the car to aid his conspirator in dragging the victim from the car. McNair and the unidentified male threw the victim violently to the ground and drove away with the vehicle.
In addition to the prison term, Judge Arleo sentenced Tanner to three years of supervised release.
Acting U.S. Attorney Honig credited the Newark Police Department, under the direction of Public Safety Director Brian O’Hara; the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; and special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to today’s sentencing.
The government is represented by Senior Litigation Counsel Robert Frazer of the Organized Crime and Gangs Unit in Newark.
Defense counsel:
Tanner: Joseph R. Rubino Esq., Union, New Jersey
McNair: Lisa Mack Esq., Assistant Federal Public Defender, Newark
New York Man Charged with Failing to Pay over Payroll TaxesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Stony Point, New York, man was charged in federal district court with ten counts of Failure to Withhold, Properly Account For, and Pay Over Tax.
Asher Wagh, age 45, was charged on February 21, 2021. Wagh appeared before U.S. Magistrate Judge Daneta Wollmann on July 21, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is 5 years in federal prison and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Wagh, while co-owner of Captech International LLC, collecting payroll taxes but willingly failing to pay over the taxes to the Internal Revenue Service between 2015 and 2017. The charges are merely an accusation and Wagh is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service- Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Wagh was released pending trial. A trial date has not been set.
Monongalia County man sentenced for drug chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – Lance McClendon, of Morgantown, West Virginia, was sentenced today to 100 months of incarceration for a drug charges, Acting United States Attorney Randolph J. Bernard announced.
McClendon, age 47, pleaded guilty in March 2021 to one count of “Possession with Intent to Distribute Methamphetamine.” McClendon admitted to having methamphetamine in September 2019 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the West Virginia Probation Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
Milla Gangsta Bloods Gang Member Going to Prison for 20 Years on Multiple Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Nathaniel Myers a/k/a Stretch, 29, who was convicted of conspiring to possess with intent to distribute, and distributing, 500 grams or more of cocaine, and 280 grams or more of crack cocaine, was sentenced to serve 20 years in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorneys Jeremiah E. Lenihan and Joel L. Violanti, who handled the case, stated that the defendant has been in custody at the Niagara County Jail pending the resolution of two separate federal indictments. While at the Niagara County Jail, Myers, in early 2020, made arrangements for kilogram quantities of heroin to be delivered to Buffalo from both North Carolina and California. In May of 2020, the DEA also seized quantities of cocaine as well as a package containing 3,000 pills of suspected fentanyl/Percocet from individuals who were conspiring with defendant. During recorded jail calls, defendant discussed such seizures with his co-conspirators.
On June 4, 2020, a package was delivered to one of defendants coconspirators who then left his residence carrying a white plastic bag and drove away in his vehicle. Law enforcement officers attempted to conduct a vehicle stop, but the coconspirator sped away and engaged in a high-speed chase, eluding officers for approximately a mile on Route 33. During the chase, the coconspirator, who was eventually arrested on state charges, threw a plastic bag from his window. After being released from custody, the coconspirator drove to the area where he discarded the plastic bag; however, the plastic bag was replaced by investigators with a “sham” package of narcotics. On July 14, 2020, the co-conspirator was taken into custody on a federal arrest warrant. A search warrant was executed at his residence on East Lovejoy Street in Buffalo and on his car. Investigators recovered suspected cocaine, a scale, mixing bowl, bottles of cutting agents, gloves, plastic bags for packaging, and a hydraulic press.
Previously, between February and July of 2015, the defendant, along with several others, distributed crack cocaine base throughout the areas of Lombard, Rother, Gibson, and Playter Streets in Buffalo. During this same time, Myers would supply the crack cocaine to his co-conspirators for further re-sale. In addition, while pending sentencing on his 2015 case, between August 9 and August 23, 2018, the defendant conspired to sell butyryl fentanyl to an undercover police officer on two separate occasions.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ray Donovan; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; the Buffalo Police Department, under the direction of Commissioner Byron Lockwood; and the Niagara County Sheriff’s Department, under the direction of Sheriff Michael Filicetti.
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Martinsburg man sentenced for role in drug trafficking operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Stephon Robert Christian, of Martinsburg West Virginia, was sentenced today to 27 months of incarceration for his role in a drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
Christian, 26, pled guilty in Match 2021 to one count of “Possession with Intent to Distribute Eutylone.” Christian admitted to having Eutylone in April 2020 in Berkeley County.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/west-virginia-and-virginia-residents-indicted-drug-trafficking-operation-berkeley-and
Martinsburg man sentenced for firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – Darian Leizear, of Martinsburg, West Virginia, was sentenced today to 15 months of incarceration for a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Leizear, 23, pleaded guilty in March 2021 to one count of “Unlawful Possession of a Firearm.” Leizear, a person prohibited from having firearms because of a prior conviction, admitted to having a .380 caliber pistol in September 2020 in Berkeley County.
Assistant U.S. Attorney Eleanor F. Hurney prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Man Found Guilty of Unlawful Possession of A Machinegun in San Anton Ward in CarolinaRead the Press Release
SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow announces that on July 22, 2021, a federal jury convicted Jean Carlos Polaco-Hance of being a convicted felon in possession of a firearm and ammunition and of unlawful possessing a machinegun. He faces a sentence of up to 10 years of imprisonment.
According to court documents and evidence presented at trial, on September 10, 2020, in San Anton Ward, Carolina, Jean Carlos Polaco-Hance, a convicted felon, unlawfully possessed a Glock pistol, model 32C, .357 caliber that had been modified so that it was capable of firing as a machine gun.
On that date, agents from the Puerto Rico Police Bureau, Carolina Intelligence Unit were traveling on Saint Just Street in Carolina in an unmarked vehicle. As the officers passed in front of an auto-repair shop, they noted that Polaco-Hance was staring at the officer’s vehicle while reaching into a bag in what the officers recognized as a threating gesture reaching for a weapon.
The officers returned to the auto-repair shop to investigate. The officers dismounted the vehicle, announced themselves as police officers and approached Polaco-Hance. As the agents approached, Polaco-Hance ran from the officers and tossed a black bag over a fence. The officers pursued him and eventually placed Polaco-Hance under arrest. The officers recovered the bag, which contained a Glock pistol, modified to fire in fully automatic mode. In addition, the bag contained 5 magazines and a total of 111 rounds of .357 caliber, two cellphones and $640.00 US dollars. The officers contacted agents from the Federal Bureau of Investigations (FBI), who investigated the case and presented it to the United States Attorney’s Office for prosecution.
The case was investigated by the PRPB, FBI and the Homeland Security Investigations (“HSI”) Computer Forensic Laboratory, which assisted in the investigation of the case.
The case was prosecuted by Assistant U.S. Attorney Jonathan Gottfried, Chief of the Violent Crimes and National Security Section and Assistant U.S. Attorney Carlos R. Cardona.
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Jury Convicts Washington, D.C., Man in Stolen Identity Tax Fraud SchemeRead the Press Release
A federal jury in Greenbelt, Maryland, convicted a Washington, D.C., man Friday of conspiring to commit theft of public money, theft of public money and aggravated identity theft.
According to court documents and the evidence introduced at trial, from 2011 to 2013, Devell Lincoln, 55, conspired with Stephanie Twyman and others to cash tax refund checks fraudulently obtained by filing false federal income tax returns in the names of other individuals with the IRS. In total, the conspirators cashed more than $500,000 in fraudulent refunds at a check-cashing business, and Lincoln deposited more than $150,000 in fraudulent refunds using bank accounts under his control.
From 2011 to 2013, false federal income tax returns were filed with the IRS using the names and Social Security numbers of unwitting taxpayers and seeking fraudulent refunds. When the refunds were received, Lincoln and his co-conspirators cashed the checks at a check-cashing business. In addition, from 2010 to 2014, Lincoln deposited fraudulent refunds into bank accounts under his control. While two of these accounts were in Lincoln’s name, one bank account was held in the name of a third party, who was deceased, and one was in the name of a company registered under the deceased person’s name, with the deceased person as the signatory.
Twyman pleaded guilty to theft of government money and aggravated identity theft on July 3, 2019, for her role in the refund scheme. She is scheduled to be sentenced at a later date.
Lincoln is scheduled to be sentenced at a later date and faces a statutory minimum of two years in prison for aggravated identity theft, a maximum sentence of five years for conspiracy, and a maximum sentence of 10 years for theft of public money. Lincoln also faces a period of supervised release, restitution, forfeiture and monetary penalties. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Jonathan Lenzner for the District of Maryland made the announcement.
IRS-Criminal Investigations and the Treasury Department’s Office of the Inspector General investigated the case.
Trial Attorney Abigail Burger Chingos of the Tax Division and Assistant U.S. Attorney Jessica C. Collins of the District of Maryland are prosecuting the case.
Holistic Wellness Business Founder Sentenced to 8 Years in Federal Prison for Ponzi SchemeRead the Press Release
NASHVILLE, – Howard L. Young, 75, the founder of a Nashville-based holistic wellness business was sentenced Friday by U.S. District Judge William L. Campbell, Jr. to eight years in prison, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. Judge Campbell also ordered Young to pay $693,128.66 in restitution for operating a Ponzi scheme, in which he duped over 80 patients, financial institutions and investors out of nearly $700,000,
Young was charged in a criminal Information in October 2020 with four counts of bank fraud; six counts of wire fraud; and aggravated identity theft. He pleaded guilty in December.
The charging documents allege, and Young admitted, that in 2015, Young founded Integrative Medical Services (IMS), purportedly a holistic wellness business. Young also held himself out to hold a Doctor of Naturopathy but did not hold a Medical Doctorate and did not have a medical license.
As early as 2017, Young began soliciting cancer patients, investors, and employees, telling them that he had obtained a $2 million grant from Vanderbilt University to study cancer patients and other patients with chronic medical conditions. Young claimed he was awarded this grant because he had cured himself of cancer using naturopathic methods. Young also promised that, as part of the “study,” patients would receive nutritional supplements, blood testing, nutrition and exercise coaching, gym memberships, massages, and acupuncture. For his scheme, Young targeted approximately 80 vulnerable victims, many of whom had been diagnosed with cancer or other debilitating medical conditions.
In order to participate in the “study,” Young told patients that Vanderbilt required an up-front payment of $10,000 but the funds would be returned to them at the conclusion of one year. If patients could not afford to pay the upfront money, they were required to secure a CareCredit credit card or open a Health Credit Services account. Each of these products is designed to assist patients in paying for medical treatments and functions like a revolving line of credit or an unsecured installment loan and requires the patient to make monthly installment payments. Young promised patients that he would hold the initial funds withdrawn in escrow and would make all monthly payments and would pay off all existing balances at the conclusion of one year, so long as the patient continued to abide by all study protocols.
In fact, Vanderbilt had not awarded any grants to Young or IMS. Young’s representations that IMS had a grant from Vanderbilt were false and was intended to induce patients to apply for and obtain credit and loan accounts at Synchrony Bank, MetaBank, and Cross River Bank; to induce investors to give him funds for his fraudulent scheme; and to induce employees to help him solicit additional patients to participate in his fraudulent scheme. Young even convinced one victim to transfer the title of his house to him in order to participate in the “study.”
Young did not hold the money in escrow as he promised and withdrew a portion of the funds for his own personal use, made payments to his personal credit cards, and made minimum payments on account holders’ credit accounts and loan accounts. Patients did not routinely receive the nutritional supplements promised by Young, nor did they receive nutrition and exercise coaching, gym memberships, massages, or acupuncture as promised. To further conceal his scheme, Young also changed the mailing addresses for patients’ accounts at CareCredit and HCS so that the monthly account statements went to a post office box he controlled. Young made minimum payments on the CareCredit and HCS accounts to conceal the fraud and to keep his scheme going so that he could recruit additional patients to participate in the fictitious grant study.
IMS generated little, if any, revenue. The vast majority of funds flowing into IMS were deposits from the CareCredit credit accounts and the HCS loan accounts. By July 2019, Young had received a total of approximately $669,470 from CareCredit and HCS.
This case was investigated by the FBI. Assistant U.S. Attorney Kathryn W. Booth prosecuted the case.
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Harrison County man sentenced to 14 years for having more than 50 grams of methamphetamineRead the Press Release
CLARKSBURG, WEST VIRGINIA – David Christopher Monroe, of Clarksburg, West Virginia, was sentenced today to 168 months of incarceration for a methamphetamine charge, Acting United States Attorney Randolph J. Bernard announced.
Monroe, age 35, pled guilty to one count of “Possession with Intent to Distribute 50 grams or more of Methamphetamine” in November 2020. Monroe admitted to having more than 50 grams of methamphetamine, also known as “crystal” and “ice,” in Harrison County in December 2019.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Greater Harrison Drug & Violent Crimes Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms & Explosives investigated.
U.S. District Judge Thomas S. Kleeh presided.
Grand Jury - July 2021Read the Press Release
Omaha Man Charged with COVID Relief Program Related Bank Fraud
Acting United States Attorney Jan Sharp announced that the federal Grand Jury for the District of Nebraska has returned a one-count Indictment charging M.A. Yah with Bank Fraud in connection with a loan application to the Paycheck Protection Program. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a 5-year term of supervised release, and a $100 special assessment. The Indictment is a charging document that contains one count that is merely accusation, and every defendant is presumed innocent unless and until proven guilty.
In May, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
This case was investigated by the Federal Bureau of Investigation.
In other news from the Grand Jury for the District of Nebraska:
Acting United States Attorney Jan Sharp announced the federal Grand Jury for the District of Nebraska has returned 20 unsealed Indictments charging 23 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Carlos Astorga Torres, age 27, of Hastings, Nebraska, is charged with distribution and possession with intent to distribute 500 grams or more of Methamphetamine on or about March 23, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Larry D. Brooks, age 59, of Omaha, is charged with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about February 6, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment.
* Kimberly Brummett, age 58, of Elkhorn, Nebraska, is charged in a fourteen-count Indictment. Counts I through XIV charge Brummett with wire fraud on or about August 4, 2016 and continuing through on or about October 4, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment for each count.
* Brooks L. Duester, age 43, is charged in a six-count Indictment. Counts I through VI charge Duester with bank fraud on or about February 21, 2017 and continuing through on or about September 19, 2019. The maximum possible penalty if convicted is 30 years’ imprisonment, a $1,000,000 fine, a five-year term of supervised release, and a $100 special assessment for each count.
* MacAnthony Gordon a/k/a Mactony Gordon, age 35, of Omaha, is charged with possession of a firearm by a prohibited person on or about April 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tia Hall, age 37, of Falls City, Nebraska, is charged in a two-count Indictment. Counts I and II charge Hall with receipt and possession of an unregistered firearm on or about July 8, 2020 and continuing to on or about July 9, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Balmore Hernandez-Castro, age 23, and Santos Rosendo Hernandez, age 43, both of Lincoln, Nebraska, are charged in a two-count Indictment. Count I charges Hernandez-Castro and Rosendo Hernandez with assault on a federal officer on or about July 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Hernandez-Castro with assault on a second federal officer on or about July 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Delyahn R. Hill, age 23, is charged in a three-count Indictment. Count I charges Hill with robbery of personal property of the United States on or about June 15, 2021. The maximum possible penalty if convicted is 15 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with brandishing a firearm during a crime of violence on or about June 15, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with felon in possession of a firearm on or about June 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.
* Morgan L. Howard age 27, of Omaha, is charged in a four-count Indictment. Count I charges Howard with possession with intent to distribute one gram or more of LSD on or about February 4, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about February 4, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute Cocaine on or about February 4, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment. Count IV charges the defendant with felon in possession of a firearm on or about February 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Anton Johnson, age 51, of Bellevue, Nebraska, is charged with failure to register as a sex offender after traveling in interstate commerce on or about June 7, 2021 and continuing to on or about June 21, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.
* Kashaun L. Lockett, age 36, Gary Lockett, age 37, and Robert Culberson, age 43, are charged in a six-count Indictment. Count I charges Kashaun Lockett, Gary Lockett, and Culberson with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 1, 2020 and continuing to on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment. Count II charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine on or about April 30, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count III charges the defendants with possession with intent to distribute 50 grams or more of Methamphetamine on or about May 25, 2021. The maximum possible penalty if convicted is life imprisonment, $8,000,000 fine, an eight-year term of supervised release, $100 special assessment. Count IV charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $20,000,000 fine, a ten-year term of supervised release, $100 special assessment. Count V charges the defendants with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count VI charges Gary Lockett and Culberson with use and possession of a firearm in furtherance of a drug trafficking crime on or about June 14, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Steven A, Malechek, age 47, is charged in a four-count Indictment. Count I charges Malechek with possession with intent to distribute 50 grams or more of methamphetamine on or about May 19, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about May 19, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about May 28, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count IV charges the defendant with possession of a firearm in furtherance of a drug trafficking crime on or about May 28, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about May 19, 2021 and May 28, 2021.
* Mike Akeen Obed, age 21, of Sioux City, Iowa, is charged with robbery of Siouxland Federal Credit Union on or about June 11, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Juan Ramirez Heredia, age 20, is charged in a two-count Indictment. Count I charges Ramirez Heredia with distribution of 10 grams or more of fentanyl on or about June 2, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with distribution of 10 grams or more of fentanyl on or about June 7, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment
* Bartolo Roman-Tapia, age 22, is charged possession with intent to distribute 500 grams or more of methamphetamine on or about June 22, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Isidro Romero-Encarnacion, age 38, is charged with illegal reentry after deportation on or about June 29, 2021. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Matthew Rosener, age 39, is charged with failure to register as a sex offender on or about June 15, 2020 and continuing to on or about May 26, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, life term of supervised release, and a $100 special assessment.
* Jose Maria Salazar, age 20, of West Point, Nebraska, is charged in a four-count Indictment. Count I charges Salazar with conspiracy to distribute and possession with intent to distribute 500 grams or more of methamphetamine on or about April 7, 2021 and continuing to on or about May 4, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with distribution of 500 grams or more of methamphetamine on or about April 19, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count III charges the defendant with distribution of 50 grams or more of methamphetamine on or about May 4, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count IV charges the defendant with possession with intent to distribute 500 grams or more of methamphetamine on or about May 4, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Edward Smith, age 21, of Omaha, is charged with possession of firearm by a prohibited person on or about May 21, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jose Luis Vergaro-Jimenez, age 50, is charged with reentry of a removed alien after having been convicted of a felony on or about September 1, 2020. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Former Delray Beach Doctor Sentenced to Six Years in Federal Prison for $20 Million Health Care Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge William Jung has sentenced Dr. Richard Davidson (Delray Beach, 42) to six years in federal prison for conspiracy to commit health care fraud. As part of his sentence, the court ordered Davidson to forfeit approximately $650,000 in funds traceable to the offense or as substitute assets. The court also entered a money judgment of $2.47 million and ordered $10.72 million in restitution. Davidson lost his medical license due to his conviction.
Davidson had pleaded guilty on September 16, 2020.
According to court documents, in 2018, Davidson and his conspirators established a conglomerate of durable medical equipment (“DME”) supply companies. During the creation of the companies, they lied to Medicare to secure billing privileges. The scheme involved placing the companies in the names of straw owners. By concealing the companies’ true ownership, the conspirators secretly gained control of multiple companies. This enabled the conspirators to submit high volumes of illegal DME claims while attempting to evade law enforcement scrutiny. In one year, through the conglomerate, Davidson and his conspirators submitted more than $20 million in illegal DME claims, resulting in more than $10 million in payments from Medicare and the Civilian Health and Medical Program of the Department of Veterans Affairs (“CHAMPVA”).
To attain such high volumes of claims, the conspirators used bribes and kickbacks. Specifically, Davidson and his conspirators illegally purchased thousands of DME claims from so-called “marketers.” The marketers, for their part, had generated the claims under the guise of “telemedicine,” but no telemedicine had actually occurred. Instead, the “marketers” had bribed doctors to sign the DME brace orders that supported the claims. Davidson and his conspirators paid millions to secure the illegal DME claims for submission to Medicare and CHAMPVA.
“It’s sickening to see a member of the medical community profiting from a scheme that’s cheating the nation’s federally funded healthcare program. The FBI and its law enforcement partners will continue to expose the greed and deceit taking precedence over patient care,” said FBI Tampa Special Agent in Charge Michael McPherson.
“CHAMPVA ensures that family members of service-connected disabled veterans receive quality health care services,” stated David Spilker, Special Agent in Charge at the Department of Veterans Affairs Office of Inspector General (VA OIG). “This sentence holds the defendant accountable for his criminal actions to defraud both CHAMPVA and the Medicare program and reflects the magnitude of his multi-million dollar health care fraud scheme. The VA OIG thanks our law enforcement partners for their collaboration in this important investigation.”
This case was investigated by the U.S. Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, the Department of Veterans Affairs – Office of Inspector General, and the Internal Revenue Service – Criminal Investigation, Tampa Field Office. It was prosecuted by Assistant United States Attorneys Kristen A. Fiore and James A. Muench.
Florida Man Sentenced to More Than Seven Years in Federal Prison for Shooting IncidentRead the Press Release
Tampa, Florida – U.S. District Judge William Jung has sentenced Gabriel Galvan (32, Sarasota) to seven years and two months in federal prison for possessing a firearm and ammunition as a convicted felon. The court also ordered Galvan to forfeit the firearm and ammunition used in the offense.
Galvan had pleaded guilty on April 27, 2021.
According to court documents, on February 10, 2020, Galvan was standing in the middle of the street in a Sarasota neighborhood, blocking traffic. When a driver blew his horn and gestured to Galvan to move out of the road, Galvan pulled a gun from his back pocket and fired two shots. The car drove off and Galvan fled the area.
Officers from the Sarasota Police Department then responded to the area, made contact with Galvan, and located the firearm hidden underneath an air conditioner, as well as two spent shell casings.
Galvan later confessed to possessing and firing the firearm. Further, a DNA analysis comparing Galvan’s DNA to a sample taken from the firearm concluded it was 700 billion times more likely that the sample came from Galvan than anyone else. At the time of the shooting, Galvan had several previous felony convictions and therefore was and is prohibited from possessing firearms or ammunition.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Charlie D. Connally.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Federal Jury in Maryland Convicts Washington, D.C. Man in Stolen Identity Tax Fraud SchemeRead the Press Release
Greenbelt, Maryland – A federal jury convicted Devell Lincoln, age 55, of Washington, D.C., of conspiring to commit theft of public money, theft of public money and aggravated identity theft. The jury returned its verdict late on July 23, 2021.
The conviction was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; and Acting Special Agent in Charge Darrell J. Waldon of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to court documents and the evidence introduced at trial, from 2011 to 2013, Devell Lincoln conspired with Stephanie Twyman and others to cash tax refund checks fraudulently obtained by filing false federal income tax returns in the names of other individuals with the IRS. In total, the conspirators cashed more than $500,000 in fraudulent refunds at a check-cashing business and Lincoln deposited more than $150,000 in fraudulent refunds using bank accounts under his control.
From 2011 to 2013, false federal income tax returns were filed with the IRS using the names and Social Security numbers of unwitting taxpayers and seeking fraudulent refunds. When the refunds were received, Lincoln and his co-conspirators cashed the checks at a check-cashing business. In addition, from 2010 to 2014, Lincoln deposited fraudulent refunds into bank accounts under his control. While two of these accounts were in Lincoln’s name, one bank account was held in the name of a third-party, who was deceased, and one was in the name of a company registered under the deceased person’s name, with the deceased person as the signatory.
Twyman, age 49, of Clinton, Maryland, pleaded guilty to theft of government money and aggravated identity theft on July 3, 2019, for her role in the refund scheme. She is expected to be sentenced at a later date.
Lincoln is scheduled to be sentenced at a later date and faces a mandatory two years in federal prison, consecutive to any other sentence imposed, for aggravated identity theft; a maximum sentence of five years in prison for conspiracy; and a maximum sentence of ten years in prison for theft of public money. U.S. District Judge Paul W. Grimm will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Jonathan F. Lenzner and Acting Deputy Assistant Attorney General Stuart M. Goldberg commended the IRS-CI for its work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorneys Jessica C. Collins and Trial Attorney Abigail Burger Chingos of the Tax Division, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md and https://www.justice.gov/usao-md/community-outreach.
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Dubois Man Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
PITTSBURGH, PA - A resident of Clearfield County, Pennsylvania, has been sentenced in federal court to 18 months in federal prison followed by one year of supervised release on his conviction of filing false tax returns, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Gary E. Mills, 61, of Dubois, PA.
According to information presented to the court, on April 15, 2015, April 15, 2014, and August 1, 2014, Mills filed false joint tax returns by intentionally under reporting his and his wife’s income to the IRS. Previously Mills’ now ex-wife had been prosecuted for embezzling more than $12 million dollars from her former employer, Matthews International. She pled guilty to mail fraud, wire fraud, tax evasion and money laundering and was sentenced to 100 months in prison and three years supervised release. Between Gary Mills and his ex-wife they forfeited multiple vehicles, residences, motorcycles, a snow mobile and multiple items of personal property.
Prior to imposing sentence, Judge Fischer stated that the evidence presented at trial that established the Mills intentionally filed false income tax returns “was overwhelming”.
Acting United States Attorney Steve Kaufman commended the Internal Revenue Service - Criminal Investigation and the U.S. Postal Inspection Service for the investigation leading to the successful prosecution of Gary E. Mills.
Delaware man sentenced for role in drug trafficking enterpriseRead the Press Release
MARTINSBURG, WEST VIRGINIA – Andre Jason Burgos, of Wilmington, Delaware, was sentenced today to 30 months of incarceration for his role in a drug distribution enterprise, Acting United States Attorney Randolph J. Bernard announced.
Burgos, also known as “Ghost,” 30, pled guilty in March 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and Cocaine Hydrochloride.” Burgos admitted to working with others to sell cocaine hydrochloride, cocaine base, heroin, and fentanyl from June 2019 to October 2020 in Berkeley County and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated. The Eastern District of Pennsylvania U.S. Attorney’s Office and the Kent County Sheriff’s Office assisted.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally.
OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/22-people-indicted-drug-trafficking-enterprise-spanned-several-states
Defense attorney convictedRead the Press Release
McALLEN, Texas – A 48-year-old resident of Mission has pleaded guilty to violating the Travel Act by unlawfully accessing federal documents in order to assist a known drug trafficking organization, announced Acting U.S. Attorney Jennifer B. Lowery.
Eric S. Jarvis is a licensed criminal defense attorney out of McAllen. Today, he admitted to using a cellular phone and the Public Access to Court Electronic Records (PACER) database to assist and promote the drug trafficking activities of known drug traffickers since at least July 24, 2017, through May 10, 2021.
Jarvis admitted to assisting drug trafficker Angel Aziel Herrera and his successors in Mexico. He helped the drug trafficking organization by obtaining documents that provided information regarding co-conspirators during the ongoing investigation. Jarvis knew criminal complaints had documented loads that law enforcement seized from the organization. He also knew Herrera and his successors could and would provide the complaints to their sources of supply in order to continue receiving drugs from their sources of supply for importation and distribution into the United States.
Jarvis admitted to obtaining the criminal complaints from PACER on at least eight occasions from July 24, 2017, through May 2021 and providing them to Herrera and/or his co-conspirators by WhatsApp or hand delivery.
He also admitted to accepting drug trafficking proceeds from Mexico as payment from Herrera to represent other co-conspirators working for the organization in criminal matters.
As part of the plea, Jarvis also agreed to the forfeiture of $8,000 in drug trafficking proceeds he received as payment for his criminal actions.
U.S. District Judge Ricardo H. Hinojosa accepted the plea today and set sentencing for Oct. 1, at which time he faces up to five years in prison. He was permitted to remain on bond pending that hearing.
Homeland Security Investigations and FBI conducted the investigation with the assistance of the U.S. Attorney’s Office for the Western District of Texas, Customs and Border Protection, Drug Enforcement Administration, Texas Department of Public Safety and Hidalgo County Sheriff’s Office. Assistant U.S. Attorney Roberto Lopez Jr. is prosecuting the case.
The plea is a result of Organized Crime Drug Enforcement Task Force (OCDETF) investigation dubbed Operation Dead Men Walking. OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States. It uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
DOJ and HHS Issue Guidance on ‘Long COVID’ and Disability Rights Under the ADA, Section 504, and Section 1557Read the Press Release
Today, as we commemorate the 31st anniversary of the Americans with Disabilities Act (ADA), the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services (HHS) are jointly publishing guidance on how “long COVID” can be a disability under the ADA, Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act. The guidance is on the DOJ website at https://www.ada.gov/long_covid_joint_guidance.pdf - PDF and on the HHS website at https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html.
Some people continue to experience symptoms that can last weeks or months after first developing COVID-19. This can happen to anyone who has had COVID-19, even if the initial illness was mild. People with this condition are sometimes called “long-haulers” — and the condition they have is known as “long COVID.”
With the rise of long COVID as a persistent and significant health issue, the DOJ Civil Rights Division and the HHS Office for Civil Rights (OCR) have joined together to provide this new guidance. This guidance explains that long COVID can be a disability under the ADA, Section 504 of the Rehabilitation Act of 1973, and Section 1557 of the Affordable Care Act, and explains how these laws may apply. Each of these federal laws protects people with disabilities from discrimination. This guidance also provides resources for additional information and best practices.
“The ADA is one of our most transformative civil rights laws, helping to ensure that our schools, courthouses, townhalls, businesses and workplaces are open to all people, regardless of their disability status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This anniversary, we recognize the ongoing challenges to full equality, including COVID-19’s devastating and disproportionate impact on people with disabilities. As many of our neighbors find themselves with long-lasting effects from COVID-19, we are committed to making sure that people understand their rights under federal nondiscrimination laws. The Department of Justice will vigorously enforce the ADA and other federal civil rights laws to ensure that as the nation responds to, and recovers from, COVID-19, and that those with disabilities are full and equal partners in that recovery.”
“Some individuals recover quickly from COVID, but others experience debilitating long-term impairments that substantially limit major life activities,” said Acting Director Robinsue Frohboese of HHS’s Office of Civil Rights. “Today’s guidance makes clear that these individuals are entitled to equal opportunities and full participation in all aspects of life. We honor the 31st anniversary of the ADA, a law that established ‘a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities,’ and deepen our commitment to enforcing federal civil rights laws. OCR is committed to advancing the principles of non-discrimination and equity and will continue to provide guidance so that consumers understand their rights and providers fulfill their obligations.”
“It’s critical that we ensure people who have disabilities as a result of long COVID are aware of their rights under federal nondiscrimination laws,” said Acting Administrator and Assistant Secretary Alison Barkoff for Aging at the Administration for Community Living at HHS. “It also is crucial that they know how to connect to services and supports available if they now need assistance to live in their own homes, go to school or work, or participate in their communities.”
This guidance, along with a directory of resources available through programs funded by the Administration for Community Living (ACL), was shared this morning by the White House as part of a comprehensive package of resources for people with long COVID, which you can find here: https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/26/fact-sheet-biden-harris-administration-marks-anniversary-of-americans-with-disabilities-act-and-announces-resources-to-support-individuals-with-long-covid/.
The ACL directory of resources for those with long COVID may be found at: https://acl.gov/sites/default/files/COVID19/ACL_LongCOVID.pdf - PDF.
This guidance is one of many actions HHS has taken in recent months to address long COVID. In February HHS launched a new initiative to study long COVID. Led by NIH, the goal of the initiative is to learn more about how COVID-19 may lead to widespread and lasting symptoms, and to develop ways to treat or prevent these symptoms. In addition to the initiative, HHS, through the COVID-19 Health Equity Task Force and OCR, held listening sessions on long COVID with health advocates, and NIH held a workshop with experts to identify key gaps in knowledge about the condition.
Additional Resources
DOJ’s Civil Rights Division has a page on its ADA.gov website that discusses topics related to COVID-19 and the ADA: https://www.ada.gov/emerg_prep.html.
OCR has a webpage devoted to COVID-19 and civil rights issues: https://www.hhs.gov/civil-rights/for-providers/civil-rights-covid19/index.html.
The Centers for Disease Control and Prevention’s (CDC) website has a page on post-COVID conditions, which discusses long COVID: https://www.cdc.gov/coronavirus/2019-ncov/long-term-effects.html.
Other ACL resources and information about COVID-19 for people with disabilities can be found at: https://acl.gov/COVID-19.
ACL and OCR partnered to create a website that tells the story of how the ADA came to be, showcase some of the progress we have made as a country toward achieving its promise and illustrate a little bit of the work being done by ACL and OCR, as well as other partners within HHS and across government. That website can be found at: https://acl.gov/ada.
If you believe that you or another person has been discriminated against by an entity covered by the ADA, you may file a complaint with the Disability Rights Section (DRS) in the Department of Justice. Information about how to file a complaint is available at: https://www.ada.gov/fact_on_complaint.htm.
If you believe that you or another person has been discriminated against by an entity covered by federal civil rights laws, you may file a complaint with OCR. Information about how to file a complaint is available at: https://www.hhs.gov/ocr/complaints.
Convicted Felon and Grape Street Crip Gang Member Sentenced to 10 Years for Drug and Firearms OffensesRead the Press Release
Memphis, TN – Caery Gorman, 45, has been sentenced to 121 months in federal prison for distribution of methamphetamine and for being a convicted felon in possession of firearms. Acting U.S. Attorney Joseph C. Murphy Jr., announced the sentence today.
According to information presented in court, between April and June 2018, agents with the DEA and ATF were investigating Gorman as a heroin and methamphetamine supplier here in the Western District of Tennessee, as part of a larger investigation into the Grape Street Crips Street Gang. Agents utilized a Confidential Informant in conjunction with an Undercover Agent (UCA) on three separate occasions to purchase heroin, methamphetamine and firearms directly from Gorman.
On April 26, 2018, the UCA arranged to purchase ICE ("methamphetamine") from Gorman at his home. This substance tested positive for methamphetamine with a weight of 77 grams. Further testing at the DEA lab, confirmed it was methamphetamine with a 98% purity. The second buy, on June 5, 2018, the UCA met again at Gorman’s home in Memphis to purchase 178 grams of suspected heroin for $3600 and a Sig Sauer 9 mm pistol for $450. On June 14, 2018, the UCA purchased 85 grams of suspected heroin for $2400 and 4 guns- a S&W .40 caliber, a 7.62x39 mm AK style pistol, and two Taurus .380 caliber pistols. The guns were confirmed to be manufactured outside the state of Tennessee and therefore traveled in interstate commerce.
Gorman is a convicted felon, having previously been convicted of possession of cocaine with the intent to distribute. As a result of his prior felony convictions, he is prohibited by federal law from possessing firearms or ammunition.
On April 13, 2021, the defendant pled guilty to distribution of methamphetamine (50 grams or more) as well as being a convicted felon in possession of multiple firearms on two separate occasions.
On July 22, 2021, U.S. District Judge Sheryl H. Lipman sentenced Gorman to 121 months in federal prison to be followed by five years’ supervised release. There is no parole in the federal system.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Assistant U.S. Attorney Melanie Cox prosecuted this case on behalf of the government.
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Cape Cod Man Sentenced in Connection with Heroin ConspiracyRead the Press Release
BOSTON – An Osterville man was sentenced in federal court in Boston today for his role in a wide-ranging heroin trafficking conspiracy.
Eric Brando, 29, was sentenced by U.S. District Court Judge Allison D. Burroughs to 66 months in prison and six years of supervised release. In February 2020, Brando pleaded guilty to conspiracy to distribute 100 grams or more of heroin.
In May 2019, Brando and 10 co-defendants were arrested and charged with various drug distribution offenses.
According to court documents, in 2019, law enforcement began an investigation into a Cape Cod drug trafficking organization, allegedly led by co-defendant Edwin Otero. It is alleged that Otero and his co-conspirators distributed large quantities of heroin throughout Cape Cod, including Hyannis, Mashpee, Centerville and Osterville, as well as Pawtucket, R.I. Interceptions from Otero’s phone identified Brando as a drug trafficker supplied by Otero. In addition to moving sizeable quantities of heroin, the investigation revealed that members of the Otero crew shot at a drug customer over an unpaid debt and videotaped themselves beating another man they incorrectly believed had provided information to the police.
Brando is the first defendant to be sentenced in this case and the fourth to have pleaded guilty. The remaining seven defendants have pleaded not guilty and are pending trial.
The charge of conspiracy to distribute 100 grams or more of heroin provides for a sentence of up to 40 years in prison, at least four years of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Barnstable Police Chief Matthew K. Sonnabend made the announcement today. Assistant U.S. Attorneys Christopher Pohl and Lauren Graber of Mendell’s Narcotics and Money Laundering Unit are prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Business Owner Indicted on Tax FraudRead the Press Release
WICHITA, KAN. – A federal grand jury in Wichita indicted a Wichita man on 17 counts of Failure to Pay Over Payroll Taxes.
According to court documents, Jesus Perez-Aguayo, 38, served as owner, operator, and president of two companies, JLP Construction and JP Remodeling. Between 2015 and 2019, Perez-Aguayo is accused of collecting but not forwarding hundreds of thousands of dollars in employee payroll taxes to the Internal Revenue Service.
If there is a conviction, each count of Failure to Pay Over Payroll Taxes carries a penalty of up to five years in prison.
Internal Revenue Service Criminal Investigation is investigating the case.
Assistant U.S. Attorney Molly Gordon is prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Burlington County Man Charged with Drug and Weapons OffensesRead the Press Release
TRENTON, N.J. – A Burlington County, New Jersey, man is expected to make his initial appearance today after being charged with trafficking over three kilograms of methamphetamine and illegally possessing unregistered firearms as a previously convicted felon, Acting U.S. Attorney Rachael A. Honig announced.
Nicholas Layton, 41, of Mount Holly, New Jersey, is charged by complaint with one count of conspiracy to distribute 50 grams or more of methamphetamine, one count of possession with intent to distribute 50 grams or more methamphetamine, three counts of unlawful possession of unregistered firearms and one count of possession of firearms by a convicted felon. He is scheduled to appear today before U.S. Magistrate Judge Douglas E. Arpert.
According to documents filed in this case and statements made in Court:
In December 2018, Layton and an unnamed conspirator were driving separate vehicles from Arizona back to New Jersey. Both vehicles were the subject of a motor vehicle stop in Crawford County, Arkansas. Subsequent investigation revealed that the conspirator’s vehicle contained four wrapped bundles of suspected narcotics, later confirmed to be approximately three kilograms of methamphetamine. According to receipts located in both vehicles, Layton rented both cars and the cars traveled together through multiple states before being stopped in Arkansas. Both Layton and his conspirator were charged by the State of Arkansas in connection with the methamphetamine; Layton was released by authorities.
In May and June of 2019, Layton sold methamphetamine on three separate occasions to confidential informants under the surveillance of law enforcement in Pemberton and Mount Holly, New Jersey.
On July 17, 2019, law enforcement executed a search warrant at Layton’s residence in Mount Holly where they located:
1) a black “AR” style, 5.56 x 45mm semi-automatic rifle, having no visible serial number, which law enforcement later determined was a Privately Made Firearm (“PMF”);
2) a 9mm semi-automatic rifle, having no visible serial number, which law enforcement later determined was a PMF;
3) a firearm silencer, having no visible serial number, which law enforcement later determined was a PMF; and
4) eight “M-Class” explosive devices
On July 17, 2019, law enforcement executed a search warrant at another residence associated with Layton in Southampton, New Jersey, where they located: 5) a Norcino, SKS type, 762 caliber, semi-automatic rifle (the “Norcino”), bearing serial number 244931DUP;
6) a 12-gauge caliber Browning shotgun (the “Browning”), bearing serial number 13324 S69; and
7) nine “M-Class” explosive devices
Layton was not found at either location during the execution of the search warrants. On or about Aug. 4, 2019, Layton was found at a residence in Marlton, New Jersey. At the time of his arrest, Layton was found in possession of approximately 200 grams of methamphetamine and an additional explosive device.
The conspiracy and the possession with intent to distribute methamphetamine counts are punishable by a mandatory minimum of 10 years in prison, a maximum of life in prison and a fine of $10 million; the possession of an unregistered firearm is punishable by a maximum of 10 years in prison and a fine of $10,000; and the charge of being a felon in possession of a firearm is punishable by a maximum of 10 years in prison and fine of $250,000.Acting U.S. Attorney Honig credited special agents of the Drug Enforcement Administration (DEA), Camden Resident Office, under the direction of Special Agent in Charge Susan A. Gibson in Newark; the DEA Fort Smith Post of Duty under the supervision of Special Agent in Charge Brad Byerley, Arkansas; special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Acting Special Agent in Charge Toby C, Taylor, Newark Field Division; the New Jersey State Police, under the direction of Col. Patrick J. Callahan; the Burlington County Prosecutor’s Office, under the direction of Prosecutor Scott A. Coffina; and officers of the Arkansas State Police, under the direction of Chief William J. Bryant, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Michelle S. Gasparian of the Criminal Division in Trenton
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Defense counsel: Brian P. Reilly, Assistant Federal Public Defender, Trenton
Bristol, Tennessee Woman Sentenced to 24 Months in Prison for Role in Pandemic Unemployment SchemeRead the Press Release
ABINGDON, Va. – A Bristol, Tenn. woman, who conspired with others to fraudulently file more than $499,000 in in pandemic unemployment benefits, was sentenced today to 24 months in federal prison.
Melissa Hayes, 51, pleaded guilty earlier this year to one count of conspiracy to commit unemployment fraud and one count of conspiracy to commit mail fraud.
According to court documents, Hayes conspired with others to commit fraud against the United States in connection with a scheme involving the filing of fraudulent claims for pandemic unemployment benefits.
Members of the conspiracy, including Hayes, worked together to collect personal identification information of more than 35 co-conspirators, including 15 inmates in the custody of the Virginia Department of Corrections, and to file fraudulent claims of pandemic-related unemployment benefits.
Over the course of nine months, Hayes, and others, filed fraudulent claims for at least 37 individuals, with a total actual loss to the United States of at least $499,000.
The Department of Labor Office of the Inspector General, Internal Revenue Service – Criminal Investigation, Norton Police Department, and Russell County Sheriff’s Office investigated the case.
Acting United States Attorney Daniel P. Bubar of the Western District of Virginia, Acting Special Agent in Charge Darrell J. Waldon, IRS-CI Washington D.C. Field Office and, Syreeta Scott, Acting Special Agent-in-Charge, Philadelphia Region made the announcement today.
Assistant United States Attorney Daniel J. Murphy prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form .
Bookkeeper Sentenced for Fraud and Tax EvasionRead the Press Release
BOSTON – The owner of a firm that provided payroll and payroll tax services to small businesses in New England was sentenced on Thursday, July 22, 2021 for defrauding clients by diverting the funds her clients set aside for payroll taxes.
Patricia Lindau, 65, of Newburg, Maine, was sentenced by U.S. District Court Judge Denise J. Casper to three years in prison and two years of supervised release. Lindau was also ordered to pay restitution of $1,422,122 and forfeiture of $1,121,292. On Feb. 24, 2021, Lindau pleaded guilty to one count of wire fraud and one count of tax evasion.
Between 2017 and the spring of 2020, Lindau engaged in a scheme to defraud many of her clients by failing to pay over to the Internal Revenue Service (IRS) and Massachusetts Department of Revenue (DOR) the payroll taxes that she withdrew from her clients’ bank accounts. Lindau used her access to her clients’ accounts to transfer funds that her clients intended to use to satisfy their payroll tax liabilities into her firm’s business checking account. Lindau then sent each client a weekly report falsely indicating that she had paid the funds over to the IRS and DOR.
When Lindau’s clients received letters from the IRS and DOR indicating that their payroll taxes had not been paid, Lindau lied to the clients and falsely told them that the letters were a mistake and that she would take care of it. In some instances, she then paid the taxes late.
Lindau’s scheme continued into the first quarter of 2020 when most of her clients closed due to COVID-19 and then discovered that their employees’ payroll taxes had not been and were not being paid.
Over the course of the scheme, Lindau failed to pay over when due more than $2 million and caused a net loss to her clients of over $1.1 million.
Acting United States Attorney Nathaniel R. Mendell; Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation; and John Hayes, Director of the Criminal Investigations Bureau, Massachusetts Department of Revenue made the announcement today. Assistant U.S. Attorneys Sara Miron Bloom and Mackenzie Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Blair County Man Pleads Guilty to Possessing and Intending to Distribute Multiple DrugsRead the Press Release
JOHNSTOWN, PA - A resident of Blair County, Pennsylvania, pleaded guilty in federal court to a charge of possession with intent to distribute multiple Schedule I and II controlled substances, Acting United States Attorney Stephen R. Kaufman announced today.
Jesse Daniel Ginter, 40, of Williamsburg, PA 16693 pleaded guilty on July 23, 2021, to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that on March 12, 2018, Homeland Security Investigations agents and other law enforcement executed a federal search warrant on Ginter’s residence and recovered quantities of numerous controlled substances, including furanyl fentanyl, methoxyacetyl fentanyl, cyclopropyl fentanyl, U-47700, AMB-Fubinaca, carfentanil, fentanyl, marijuana, cocaine, and methamphetamine. The Court was further advised that investigators recovered firearms, ammunition, currency, a digital scale, stamp bags, and other indicia of drug trafficking from Ginter’s residence.
Judge Gibson scheduled sentencing for Nov. 23, 2021. The law provides for a maximum total sentence of 20 years imprisonment, a fine of not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney David Lew is prosecuting this case on behalf of the government.
The U.S. Postal Inspection Service; U.S. Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations; Federal Bureau of Investigation; and Pennsylvania State Police conducted the investigation leading to the Indictment in this case.
Berkeley County man sentenced for role in drug trafficking enterpriseRead the Press Release
MARTINSBURG, WEST VIRGINIA – John Suffare Beavers, II, of Hedgesville, West Virginia, was sentenced today to 30 months of incarceration for his role in a drug distribution enterprise, Acting United States Attorney Randolph J. Bernard announced.
Beavers, 34, pled guilty in April 2021 to one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Heroin, Fentanyl, Cocaine Base, and Cocaine Hydrochloride” and three counts of “Aiding and Abetting Distribution of Heroin and Fentanyl.” Beavers admitted to working with others to sell cocaine hydrochloride, cocaine base, heroin, and fentanyl from June 2019 to October 2020 in Berkeley County and elsewhere.
Assistant U.S. Attorney Lara Omps-Botteicher prosecuted the case on behalf of the government. The FBI; the Department of Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the West Virginia State Police; the Eastern Panhandle Drug & Violent Crimes Task Force, a HIDTA-funded initiative; and the West Virginia Air National Guard investigated. The Eastern District of Pennsylvania U.S. Attorney’s Office and the Kent County Sheriff’s Office assisted.
These charges are the result of investigations supported by the Organized Crime Drug Enforcement Task Force (OCDETF) under the Attorney General-led Synthetic Opioid Surge (SOS)/Special Operations Division (SOD) Project Clean Sweep. This initiative seeks to reduce the supply of synthetic opioids in “hot spot” areas previously identified by the Attorney General of the United States, thereby reducing drug overdoses and drug overdose deaths, and identify wholesale distribution networks and sources of supply operating nationally and internationally. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Chief U.S. District Judge Gina M. Groh presided.
Find the related case here: https://www.justice.gov/usao-ndwv/pr/22-people-indicted-drug-trafficking-enterprise-spanned-several-states
Barnstable Man Indicted on Child Exploitation OffensesRead the Press Release
BOSTON – A Barnstable man was arrested on Friday, July 23, 2021 on child exploitation offenses.
Atticus J. Bernard, 21, was indicted on two counts of sexual exploitation of children and one count of possession of child pornography. Bernard was detained following an initial appearance and arraignment on July 23, 2021.
According to the indictment, Bernard allegedly used two minors to engage in sexually explicit conduct for the production and distribution of child pornography on two separate occasions between approximately November 2019 and October 2020. In addition, on Jan. 14, 2021, Bernard allegedly possessed child pornography.
The charge of sexual exploitation of children provides for sentence of up to 30 years, a minimum of 15 years and up to a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of up to 20 years in prison, up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Frederick J. Regan, Special Agent in Charge of U.S. Secret Service in Boston; and Barnstable Police Chief Matthew Sonnabend made the announcement today. Assistant U.S. Attorney David G. Tobin of Mendell’s Major Crimes Unit is prosecuting the case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Attorney General Merrick B. Garland’s Statement on Aon and Willis Towers Watson Decision to Terminate Merger AgreementRead the Press Release
Attorney General Merrick B. Garland today released the following statement on Aon plc’s and Willis Towers Watson’s announcement that the firms agreed to terminate their planned $30 billion merger. The Department of Justice filed a civil antitrust lawsuit on June 16, 2021, to stop the merger, alleging that the combination of Aon and Willis Towers Watson, the second- and third-largest insurance brokers in the world, would reduce competition for the business of American companies, effectively consolidating the industry’s “Big Three” into a Big Two.
“This is a victory for competition and for American businesses, and ultimately, for their customers, employees and retirees across the country,” said Attorney General Merrick B. Garland. “American employees and retirees rely on dependable health care and retirement plans provided by their employers. Many of those employers, in turn, rely on insurance brokers like Aon and Willis Towers Watson for managing the complexities of these health and retirement benefits. Businesses also rely on Aon and Willis Towers Watson to compete for the bulk of their risk management portfolio, including property and casualty insurance. The decision to abandon this anticompetitive merger will help preserve competition in insurance brokering.
“The department is grateful for the team of dedicated lawyers, economists, paralegals and support staff who thoroughly investigated the merger and pursued litigation to block this combination for the benefit of American consumers.”
Attorney General Garland and Civil Rights Division Assistant Attorney General Clarke Commemorate the 31st Anniversary of the Americans with Disabilities ActRead the Press Release
Today, Attorney General Merrick B. Garland and Assistant Attorney General for the Civil Rights Division Kristen Clarke issued the following statements to mark the 31st Anniversary of the Americans with Disabilities Act (ADA), the nation’s preeminent civil rights law that provides equal opportunity for people with disabilities.
“Thirty-one years ago today, the Americans with Disabilities Act was signed into law with broad bipartisan support and it has been life-changing for people with disabilities,” said Attorney General Merrick B. Garland. “It ushered in a new era of greater participation, inclusion, independent living and opportunity. The ADA has helped knock down discriminatory barriers in employment, state and local government programs, and businesses. That has made it possible for generations of Americans with disabilities to contribute to their communities and achieve their full potential. The Justice Department will keep working tirelessly — marshalling all tools made possible by this groundbreaking law — to realize the ADA’s promise of equal opportunity for all people with disabilities.”
“The ADA is one of our most transformative civil rights laws, helping to ensure that our schools, courthouses, townhalls, businesses and workplaces are open to all people, regardless of their disability status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We know that much work remains to be done to achieve fully the goals underlying the ADA, but the department celebrates the progress that the ADA has made possible for millions of Americans, while continuing to fight for full access and opportunity for people with disabilities. This is the Civil Rights Division’s charge and this is our promise to every person with a disability across this country. We will not yield until the full measure of rights guaranteed by the ADA is a reality for all.”
This year, the Civil Rights Division has enforced the ADA to provide concrete changes in the lives of Americans with disabilities. The following are some examples of its work:
- The department recently secured a comprehensive settlement agreement with Amtrak that will provide equal access to rail travel for countless passengers with disabilities. Over the next 10 years, Amtrak will design at least 135 stations to be accessible, complete construction at 90 of those stations, and have at least 45 more under construction. Amtrak is also installing Passenger Information Display Systems to provide both audio and visual messages at 97 stations, which will benefit riders with vision or hearing disabilities. Amtrak also established a $2.25 million settlement fund to compensate people who were harmed by inaccessible stations while trying to travel by train.
- The department recently entered into a significant settlement agreement with North Dakota, a statewide agreement that will ensure adults with physical disabilities can receive community-based services instead of entering or remaining in nursing facilities. Under the agreement, more than 2,500 people with disabilities will receive services that will help them remain with their families and communities, while still receiving the care that they need.
- The department entered into a settlement agreement with Newton County, Arkansas and the Newton County Board of Elections to address polling place accessibility for people with disabilities. As part of its investigation, the department surveyed the county courthouse used for early voting and all 18 of the polling places used during the election. The County’s polling places contained architectural barriers and lacked functioning, accessible voting machines. The department’s agreement requires the County and the Board to provide accessible polling places. Through the department’s ADA Voting Initiative, we have surveyed over 2,400 polling places and increased polling place accessibility in over 50 jurisdictions.
- The department’s recent settlement agreements with the City of Killeen and Central Texas College of Killeen are removing physical barriers to accessibility. For example, the college is working to make parking, entrances, restrooms, service counters, drinking fountains and routes to and within buildings accessible to people with disabilities. It is also providing the required wheelchair and companion seating in assembly areas, such as auditoriums. The city is taking similar steps to make buildings accessible, including its City Hall, police stations, libraries, community centers and emergency shelters. The city is also improving communication services for individuals with hearing disabilities, enhancing website accessibility and implementing a plan for sidewalk accessibility.
For more information about the ADA, please visit www.ada.gov or call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383). For more information on the Civil Rights Division, please visit www.justice.gov/crt.
The Attorney General’s video marking the 31st Anniversary can be found here.