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Wednesday 2 June 2021
Cannon County, Tennessee Resolves ADA Complaint over Sports FacilityRead the Press Release
NASHVILLE – Cannon County, Tennessee has resolved a complaint that it was constructing a school sports facility that did not comply with the accessibility standards of the Americans with Disabilities Act (“ADA”), announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee.
“We appreciate the willingness of the County and Cannon County Schools Director William Curtis to resolve these issues so that all individuals with disabilities – students and spectators – can utilize a sports facility that complies with the ADA for years to come,” said Acting U.S. Attorney Stewart. “This successful resolution was achieved because of concerned citizens, who are the eyes and ears of their communities and help this Office ensure that there is equal access in all areas of the Middle District.”
On April 23, 2019, the United States notified Cannon County that it was investigating a complaint that the sports facility was not being constructed in accordance with ADA standards, and specifically did not comply with parking, signage, and accessibility requirements. The United States sought information on the status of the construction, including photographs and architectural plans to demonstrate ADA compliance. Cannon County promptly responded to the requests.
Despite delays for budgetary reasons and the pandemic, Cannon County continued to update the United States as to its progress in constructing the facility and resolved the issues the United States identified in the construction phase. Cannon County then entered into a Letter of Resolution whereby it agreed to make certain remaining changes to the facility to comply with ADA accessibility requirements, including parking, signage and accessibility of the entrance and restrooms. Once the facility and parking areas are completed, Cannon County has agreed to provide evidence that the remaining items are in compliance with the ADA.
General information about the ADA, is available through the ADA information line at 800-514-0301 (voice), 800-514-0383 (TTY), or on the ADA homepage at www.ada.gov. If you believe your civil rights have been violated, including ADA rights, you may submit a report to the Department of Justice at https://civilrights.justice.gov/report/.
The Letter of Resolution does not constitute a finding by the United States that Cannon County is in full compliance with the ADA, nor does it constitute an admission by Cannon County of fault or noncompliance with the ADA.
Assistant U.S. Attorney Kara F. Sweet represented the United States in the matter.
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California man sentenced to prison for in-flight assaultRead the Press Release
ALBUQUERQUE, N.M. – Alton James Johnson, 43, of Yuba City, California, was sentenced on May 26 in federal court to six months in prison for assaulting two flight attendants while he was a passenger. Johnson pleaded guilty on Jan. 12.
According to the plea agreement, on Dec. 23, 2019, during a flight from San Diego, CA, to Albuquerque, Johnson repeatedly touched a female flight attendant up and down the backs of her legs. After she told him to stop, Johnson then grabbed the flight attendant by the buttocks. When a second flight attendant stepped in and asked Johnson not to touch any flight attendants, Johnson forcefully grabbed the second flight attendant by the arm. Johnson admitting to being under the influence of alcohol but conceded that he was in control of his actions when he committed the assaults.
The FBI investigated this case. Assistant U.S. Attorney Jaymie L. Roybal prosecuted the case.
Butte man admits drug trafficking conspiracy after receiving two packages totaling 10 pounds of methRead the Press Release
MISSOULA – A Butte man today admitted to trafficking methamphetamine in Montana after telling law enforcement that he received meth totaling 10 pounds in two separate packages and worked with others to distribute the drug, Acting U.S. Attorney Leif M. Johnson said.
David Ray Shaver, 33, pleaded guilty to conspiracy to possess with intent to distribute meth. Shaver faces a mandatory minimum 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Sentencing was set for Sept. 29. Shaver was detained pending further proceedings.
In court documents in the case, the government alleged that law enforcement learned Shaver was involved in drug trafficking in Montana and was accepting packages of meth through the mail and then distributing the drug. When interviewed, Shaver admitted to purchasing meth for $6,000 a pound. He also said he accepted one package containing six pounds of meth in December 2018 and another package containing four pounds of meth in January 2019. The government further alleged that Shaver worked with other co-conspirators to distribute meth from about August 2018 until about February 2019.
Assistant U.S. Attorney Ryan G. Weldon is prosecuting the case, which was investigated by Montana Division of Criminal Investigation, Homeland Security Investigations, U.S. Postal Service and the Drug Enforcement Administration.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Bixby Man Pleads Guilty to Conspiracy to Steal Trade SecretsRead the Press Release
OKLAHOMA CITY – Today, JOSHUA DECKER, 37, of Bixby, pleaded guilty to conspiracy to steal trade secrets from an oil and gas company, announced Acting U.S. Attorney Robert J. Troester.
On May 26, 2021, the government filed against Decker a one-count Superseding Information charging him with conspiracy to steal, download, and possess trade secrets. According to the Superseding Information, Decker was a controller for the valve division of an oil and gas company that serves customers engaged in drilling and production. With its valve operations headquartered in Oklahoma City, the company manufactures compact manifold ball valves sold across the United States. In March 2017, while employed as the controller at the company, Decker registered with the Oklahoma Secretary of State a new company called Legacy Valve Systems (“Legacy”). He then recruited co-workers at the victim company to join him at Legacy.
The Superseding Information alleges that from March to September 2017, Decker conspired to steal numerous trade secrets from the victim company. Specifically, it alleges Decker and others acting at his direction downloaded the technical drawings, material specifications, and manufacturing instructions for the victim company’s valves, and Decker transmitted the victim company’s detailed financial information—including cost information and sales by product and customer—by email to himself. The Superseding Information further alleges that Decker provided the victim company’s drawings to an individual who copied them and replaced the victim company’s logo with a Legacy logo to begin manufacturing and selling valves to compete with the victim company. Decker then allegedly directed others to delete all their text messages and files, including messages on an encrypted application, to conceal their theft from the victim company.
At today’s hearing, Decker pleaded guilty to conspiracy to steal trade secrets. Decker admitted that the victim company undertook several measures to protect their information as trade secrets. Decker admitted that he, along with others, planned to take and use the drawings of the victim company’s valves to create products for Legacy. He also admitted that he possessed many of the drawings on his own laptop. Decker also admitted that he instructed those working with him to delete their communications about the drawings they took.
At sentencing, Decker faces up to five years in prison, a $250,000 fine, restitution to the victim company, and up to three years of supervised release.
This case is the result of an investigation by the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorneys K. McKenzie Anderson and Daniel Gridley.
Reference is made to court filings for further information.
6 Defendants Charged with Laundering Millions of Dollars in Proceeds Derived from Romance ScamsRead the Press Release
Audrey Strauss, United States Attorney for the Southern District of New York, Patrick J. Freaney, Deputy Special Agent in Charge of the New York Field Office of the United States Secret Service (“USSS”), and Jonathan D. Larsen, Special Agent in Charge of the New York Office of the Internal Revenue Service, Criminal Investigation (“IRS-CI”), announced today the unsealing of a complaint charging ABUCHI SHEDRACH FELIX, NADINE JAZMINE WADE, OLUWATOMIWA AKINTOLA, GREGORY OCHIAGHA, HABIBA FAGGE, and OLANREWAYU AJIBOLA with conspiracy to commit money laundering, in connection with their involvement in laundering millions of dollars in proceeds derived from romance fraud schemes.
FELIX, AKINTOLA, and AJIBOLA were arrested last night at Newark Liberty International Airport in Newark, New Jersey. OCHIAGHA was arrested earlier today in the Bronx. WADE and FAGGE are currently fugitives. FELIX, AKINTOLA, AJIBOLA, and OCHIAGHA will be presented in Manhattan federal court later today before U.S. Magistrate Judge Sarah L. Cave.
Manhattan U.S. Attorney Audrey Strauss said: “As alleged, the conspirators preyed on the emotions of their numerous online romance fraud victims to fleece the victims out of millions of dollars. Thanks to the Secret Service and IRS Criminal, the defendants have dates in court to face federal charges.”
USSS Deputy Special Agent-in-Charge Patrick J. Freaney said: “Cyber enabled romance schemes continue to harm innocent and unsuspecting people, and the U.S. Secret Service remains committed to investigating those who perpetuate these acts. In this instance, the conspirators allegedly utilized online aliases and created shell companies in furtherance of their scheme to defraud. Through a collaborative investigative effort by the Secret Service, the Internal Revenue Service, and the New York City Police Department Financial Crimes Task Force, the accused will answer the charges brought against them in the Southern District of New York. For further information on ways to better avoid romance scams, please visit www.secretservice.gov/romancescams.”
IRS-CI Special Agent in Charge Jonathan D. Larsen said: “The arrests of the alleged perpetrators of this $3.5 million scheme deal a death blow to the vast criminal activity in which the defendants were allegedly engaged. IRS Criminal Investigation will continue to aggressively pursue those who profit from illegal activity and ensure they are brought to justice.”
According to the allegations in the Complaint:[1]
Using online aliases, the defendants’ co-conspirators contacted victims on various dating sites, and convinced those victims, under false pretenses, to transfer funds to the defendants and others. One online alias used in the schemes frequently employed the names “Diego Francisco,” “Richard Francisco,” or “Tom Francisco” (the “Francisco Alias”). The conspirators used online photos of a male model when providing victims with photos of the Francisco Alias. After engaging in conversation with the victims via phone, text, and email, the conspirators, posing as the Francisco Alias, would ask victims for money. The reason offered for why the Francisco Alias needed money could vary. In one version of the scheme, the Francisco Alias was supposedly an architect who had traveled to Dubai and needed funds in order to receive several million dollars in payment. In another version of the scheme, the Francisco Alias supposedly worked on an oil rig and needed funds to repair the rig. The Francisco Alias would then instruct the victims to transfer funds to bank accounts controlled by the defendants. The means of transfer varied. For example, in some cases, the Francisco Alias instructed victims to obtain cashier’s checks or money orders made payable to one of the defendants’ companies and then either mail the check to the conspirators – at addresses that included one in the Bronx – or to deposit the cashier’s check directly into a bank account held in the name of one of the defendants’ companies. The Francisco Alias would instruct the victims to send him photographs of any cashier’s checks and any mailing labels.
Each of the defendants created a shell company and opened bank accounts in the name of his or her respective shell company (the “Shell Company Accounts”). The Shell Company Accounts received funds from victims of the romance fraud scheme described above and rapidly depleted those funds through cash withdrawals, cashier’s checks, and the purchase of vehicles, among other means. The Shell Company Accounts received over $4.5 million between in or about 2018 and 2020, over $3.5 million of which came from victims of the romance fraud scheme.
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ABUCHI SHEDRACH FELIX, 29, of Newark, New Jersey, NADINE JAZMINE WADE, 28, of the Bronx, New York, OLUWATOMIWA AKINTOLA, 27, of Brooklyn, New York, GREGORY OCHIAGHA, 55, of the Bronx, New York, HABIBA FAGGE, 24, of Towson, Maryland, and OLANREWAYU AJIBOLA, 36, of Newark, New Jersey, were each charged with one count of conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h), which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants would be determined by a judge.
Ms. Strauss praised the outstanding investigative work of USSS and IRS-CI.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Micah F. Fergenson and Matthew J. King are in charge of the prosecution.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth in this release constitute only allegations, and every fact described should be treated as an allegation.
Tuesday 1 June 2021
Wilkinsburg Man Sentenced to 2 Years for Conspiring to Distribute FentanylRead the Press Release
PITTSBURGH - A resident of Wilkinsburg, Pennsylvania, was sentenced in federal court to two years (24 months) in prison and four years of supervised release for violating federal narcotics laws, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge Marilyn J. Horan imposed the sentenced on Pressley Calhoun III., age 58.
Calhoun III, was sentenced based on charges of conspiracy to distribute and possess with intent to distribute a quantity of fentanyl.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the Government.
The Federal Bureau of Investigation, Monroeville Police Department, the Attorney General’s Office, the Drug Enforcement Agency’s Maryland Office, and the Allegheny County Police Department conducted the investigation that led to the prosecution of Calhoun.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Weare Man Sentenced to 46 Months for Possession of Child PornographyRead the Press Release
CONCORD - Karl Messner, 65, of Weare, was sentenced on Friday to 46 months in federal prison for possession of child pornography, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, starting in June 2016, the National Center for Missing and Exploited Children received a number of CyberTipline Reports regarding suspected child pornography activity. The internet protocol, or IP, addresses associated with those reports all resolved to Messner’s residence in Weare. In October of 2016, investigators obtained a federal search warrant for that residence. During an interview at his house, Messner admitted to viewing child pornography, and that images could be found on his laptop and thumb drives. Investigators seized a laptop and thumb drive on which they later found images of child pornography following a forensic analysis.
Messner previously pleaded guilty on April 1, 2019. After the completion of his sentence, Messner will be under supervised release for five years.
“In order to protect children from exploitation, we work closely with our law enforcement partners to investigate and prosecute crimes involving child pornography,” said Acting U.S. Attorney Farley. “This sentence should send a message to those who collect these horrific images that child pornography crimes are serious offenses that can lead to significant federal prison time.”
“Thanks to the Court’s sentencing, Karl Messner will be held to account for his crimes,” said Acting Special Agent In Charge William S. Walker, Homeland Security Investigations, Boston. “HSI and our partners at the New Hampshire Internet Crimes Against Children Task Force, the U.S. Attorney’s Office for New Hampshire, the Weare Police Department, and countless other law enforcement agencies will continue to pursue offenders like Messner in the interest of protecting children.”
This matter was investigated by Homeland Security Investigations, with assistance from the Internet Crimes Against Children Task Force and the Weare Police Department. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s 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 identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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United States and Tennessee File Suit Against Curo Health Services and Related EntitiesRead the Press Release
NASHVILLE – The United States and Tennessee today filed a consolidated complaint in intervention alleging violations of the False Claims Act and the Tennessee Medicaid False Claims Act by Curo Health Services Holdings, Inc., Curo Health Services, LLC, TNMO Healthcare, LLC (d/b/a Avalon Hospice), and Regency Healthcare Group, LLC, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee and Tennessee Attorney General Herbert Slatery III. The complaint also states common law claims, including unjust enrichment and payment under mistake of fact.
As set forth in detail in the complaint, since at least 2010, the defendants violated the False Claims Act and the Tennessee Medicaid False Claims Act by knowingly submitting or causing to be submitted false claims, and knowingly and improperly concealing or avoiding Avalon’s obligation to repay overpayments, for hospice services provided to patients who were ineligible for the Medicare or Medicaid hospice benefit because they were not terminally ill.
The complaint alleges that the defendants pressured staff at their Tennessee hospice agencies to maximize admissions and census through aggressive financial targets and incentives, while simultaneously discouraging the discharge of patients who were no longer eligible for the Medicare or Medicaid hospice benefit. Moreover, the complaint alleges that the defendants failed to ensure that physicians who provided legally required and material certifications and recertifications of patients’ terminal illnesses received or adequately considered complete and accurate information regarding patients’ conditions. Furthermore, the complaint alleges that even after the defendants were made aware through internal complaints and audits that they had billed for hospice services provided to Medicare or Medicaid beneficiaries who were not hospice-eligible, they did not return Medicare or Medicaid payments they had received.
The governments began investigating the wrongdoing alleged in today’s complaint in response to lawsuits filed under the qui tam, or whistleblower, provisions of the False Claims Act and the Tennessee Medicaid False Claims Act, which allow private citizens with knowledge of false claims to bring civil suits on behalf of the government and to share in any recovery.
The matter was investigated by the Department of Health and Human Services, Office of Inspector General, and the Tennessee Bureau of Investigation Medicaid Fraud Control Unit. Assistant U.S. Attorneys Kaitlin E. Hazard and Wynn M. Shuford represent the United States, and Assistant Attorney General Scott Corley represents Tennessee.
The claims alleged by the United States and Tennessee are allegations only, and there has been no determination of liability. The lawsuit is captioned United States and the State of Tennessee ex. rel. Lisa Pence, et al. v. Curo Health Services Holdings, Inc., et al., Case No. 3:13-cv-00672 (M.D. Tenn.).
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U.S. Attorney’s Office Shares Resources for Reporting Anti-Asian Hate IncidentsRead the Press Release
For Further Information, Contact:
Cindy Cipriani 619-546-9608SAN DIEGO – During the month of May, the United States Attorney’s Office for the Southern District of California (SDCA) joined in commemorating Asian American and Pacific Islander Heritage Month. “Asian Americans and Pacific Islanders are an important part of our country, our community, and our office,” said Acting U.S. Attorney Randy S. Grossman. “They contribute to all aspects of our society and have a strong tradition of leadership, strength, and courage.”
In recognition of AAPI Heritage Month, SDCA presented a public webinar titled “Understanding AAPI Discrimination in Our Past and Present to Reclaim our Future,” which was co-sponsored by the Pan-Asian Lawyers San of Diego and the Federal Bar Association, San Diego Chapter. The webinar recognized that anti-Asian hate incidents have risen recently and are likely severely underreported. To report a suspected hate crime or incident, call or visit one of the attached resources.
“This last year we have seen a significant rise in anti-Asian hate incidents across the country, including in our community. Hate crimes and acts of bigotry and xenophobia are disgraceful and
have no place in the Southern District of California,” said Acting U.S. Attorney Grossman. “My office condemns such acts of violence and remains committed to ensuring that the AAPI community is protected by holding accountable perpetrators of crimes fueled by hate, and our federal, state and local law enforcement partners hold the same commitment.” Acting U.S. Attorney Grossman thanked SDCA’s AAPI Special Emphasis Program Managers Connie Wu, Brandon Kimura, and Janaki Chopra, who organized AAPI Heritage Month events with SDCA Diversity Management Committee members Amy Wang, David Chu, and Kim-Thoa Hoang.Download the
Report Contacts for AAPI hate incidents
Two Portland Area Residents Face Federal Charges for Crimes Committed During Portland ProtestsRead the Press Release
PORTLAND, Ore.—In separate criminal cases, two Portland area residents are facing federal charges for crimes committed during recent riots near local federal facilities, including the Mark O. Hatfield U.S. Courthouse and the U.S. Immigration and Customs Enforcement (ICE) Portland Field Office.
Richard Timothy Hernandez, 56, of Portland, has been charged by criminal complaint with three counts of destruction of government property. Rowan McManigal, 19, of Lake Oswego, Oregon, has been charged with conveying false or misleading information about possessing incendiary chemical agents on federal property.
U.S. v. Hernandez
According to court documents, federal investigators obtained evidence showing that, during three separate riots, Hernandez broke more than a dozen windows at the Hatfield Courthouse and ICE Portland Field Office. In the early morning hours of March 14, 2021, Hernandez and others threw 13 objects at Hatfield Courthouse windows, causing more than $143,000 in damage. On March 20 and April 29, 2021, Hernandez threw a total of 74 rocks at ICE Portland Field Office windows, causing more than $21,000 in damage.
U.S. v. McManigal
According to court documents, on December 19, 2020, a group of approximately 30 people gathered at the ICE Portland Field Office and proceeded to vandalize the facility. During the gathering, an individual later identified as McManigal was seen pulling the wiring from the building’s card reader and intercom. McManigal stood in a walkway in front of the building’s main entrance for several minutes before their arrest. A search of McManigal’s belongings returned a hoax explosive device with a hand-drawn hazmat placard. McManigal later confessed the device contained water and that “it was meant to waste people’s time” if they were arrested.
Both defendants made their initial appearances in federal court today before a U.S. Magistrate Judge and were released pending further court proceedings.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
These cases are being investigated by ICE and the Federal Protective Service and prosecuted by Gregory R. Nyhus, Assistant U.S. Attorney for the District of Oregon.
A criminal complaint is only an accusation of a crime, and defendants are presumed innocent unless and until proven guilty.
Two Indicted, Third Person Sought in Schemes to Defraud Rhode Island BanksRead the Press Release
PROVIDENCE, R.I. – Two Providence men indicted by a federal grand jury on Friday were arraigned today while a third person is being sought for allegedly leading schemes to create and deposit nearly a quarter of a million dollars in counterfeit business and personal checks, and quickly withdrawing the funds before banks determined that the checks were created using stolen personal identifying and bank account information.
It is alleged in the indictments that Terrance Richardson, aka Teebobe Juheard, 29, and Richard Koboi, aka Sunnyboy Taylor, 26, obtained stolen checks and stolen banking information of actual businesses and individuals they used to create fraudulent checks. It is alleged that the two men recruited and paid individuals with actual bank accounts to allow the counterfeit checks to be deposited into their accounts. It is alleged that as part of the scheme, once the counterfeit checks were deposited and prior to banks discovering that the checks were counterfeit, Richardson and Koboi made rapid withdrawals of cash, made cash transfers, and made debit card purchases.
It is alleged in an indictment that between April 27, 2020, and March 3, 2021, Richardson executed schemes to deposit and withdraw funds represented by at least eleven counterfeit checks for between $2,824 and $60,322.
It is alleged in a separate indictment that between January 23, 2020, and March 3, 2021, Koboi executed schemes to deposit and withdraw funds represented by seven counterfeit checks for between $2,896.43 and $9,637.02.
Additionally, it is alleged that Koboi, previously convicted and sentenced on felony charges of breaking and entering and domestic violence, purchased, possessed and later sold a 9mm pistol.
On Friday, a federal grand jury returned an indictment charging Koboi with conspiracy to commit bank fraud, seven counts of bank fraud, aggravated identity theft, and felon in possession of a firearm. The grand jury returned a separate indictment charging Richardson with conspiracy to commit bank fraud, eleven counts of bank fraud, and aggravated identity theft.
As part of this investigation by the U.S. Postal Inspection Service and the FBI, a third individual, Patrick Johnson, 36, previously of Providence, has been charged by way of a federal criminal complaint with wire fraud, bank fraud, conspiracy to commit wire fraud and bank fraud, and aggravated identity theft. A federal arrest warrant has been issued for Johnson whose whereabouts are unknown.
It is alleged in court documents that in addition to participating in bank fraud schemes with Koboi and Richardson, Johnson mailed counterfeit Home Equity Line of Credit checks throughout the country from Post Offices in and around Providence.
A federal indictment and criminal complaint are merely accusations. A defendant is presumed innocent unless and until proven guilty.
The charges brought against Terrance Richardson, Richard Koboi, and Patrick Johnson are announced by Acting United States Attorney Richard B. Myrus.
The cases are being prosecuted by Assistant U.S. Attorney Ly T. Chin.
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Two Detained, Three Kilos of Fentanyl Pills SeizedRead the Press Release
PROVIDENCE, R.I. – Two men have been ordered detained in federal custody following a Rhode Island DEA Drug Task Force investigation into the trafficking of fentanyl pills that resulted in the seizure of more than three kilograms of fentanyl pills.
According to court documents, in April and May, an individual assisting DEA task force agents arranged for two deliveries of large quantities of fentanyl pills. On April 29, the individual arranged for the delivery of 1000 fentanyl pills for $5,000. The pills were delivered in the parking lot of a Pawtucket restaurant by one of two men who arrived in a car bearing Massachusetts license plates. Shortly after the delivery, the pills were seized by task force agents while other agents followed the vehicle to apartment complexes in Lawrence, MA.
On May 24, the same individual arranged to purchase 25,000 fentanyl pills for $125,000. Two days later, as the delivery of the pills was allegedly in progress inside a passenger van in the parking lot of a Dorchester, MA, restaurant, Rhode Island DEA task force agents moved in and seized from two men inside the van a large plastic garbage bag containing 3.4 kilograms of fentanyl pills. The pills were packaged in numerous clear plastic bags.
The investigation determined that the two men inside the van in Dorchester, Roberto Anibal Nieves Zayas, aka Jose Diaz, 35, of Naguabo, Puerto Rico, and Mervin Roberto Cabral Roche, 46, of Soltero, Dominican Republic, are the same men that allegedly delivered the 1,000 fentanyl pills a month earlier in Pawtucket.
Nieves Zayas and Cabral Roche appeared in U.S. District Court in Providence on Friday and were ordered detained in federal custody on a federal criminal complaint charging them with conspiracy to distribute 400 grams or more of fentanyl and possession with intent to distribute 400 grams or more of a mixture or substance containing fentanyl, announced Acting United States Attorney Richard B. Myrus.
A federal criminal complaint is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant U.S. Attorney Stacey P. Veroni.
The Rhode Island DEA Drug Task Force is comprised of personnel from the DEA; United States Postal Service Office of Inspector General; Rhode Island Attorney General’s Office Bureau of Criminal Identification and Investigation; Rhode Island State Police; the East Providence, Central Falls, Coventry, Newport, North Kingstown, Pawtucket, Providence, South Kingstown, Warwick, West Warwick, and Woonsocket Police Departments; and Amtrak Police Department.
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Three Convicted Felons Charged with Illegal Possession of Firearm and Ammunition in Connection with ShootingRead the Press Release
NEWARK, N.J. – Three Essex County, New Jersey, men have been charged with illegally possessing a firearm and ammunition in connection with a May 14, 2021 shooting, Acting U.S. Attorney Rachael A. Honig announced.
Gilbert Bermudez, aka “Troub,” 28; Brian Elijah Mitchell, aka “Slash,” 31; and Jaahan Mitchell, 32, all of Newark, are each charged by criminal complaint with one count of possessing a firearm and ammunition by a convicted felon. Brian Mitchell made his initial appearance today by videoconference before U.S. Magistrate Judge Leda Dunn Wettre, and was detained. Bermudez’s initial appearance is expected to be scheduled later this week. Jaahan Mitchell remains at large.
According to documents filed in this case and statements made in court:
On May 14, 2021, members of the Newark Police Department were dispatched to the Pennington Court housing complex in Newark on a report of shots fired. Officers reviewed surveillance videos from cameras located near the shooting, which showed Bermudez and Brian Mitchell, together with another man, shooting at a fourth man, who had shot into the courtyard of the housing complex. The footage also showed that the third shooter dropped a cellular phone as he fled from the scene of the shooting. A lawful search of the cellular phone showed that the phone belonged to Jaahan Mitchell.
Bermudez was arrested on May 20, 2021. During a lawful search of Bermudez’s residence, officers recovered a 9mm semiautomatic handgun, loaded with nine rounds of ammunition. Ballistics testing determined that six of the 9mm shell casings found at the crime scene were discharged from the firearm found in Bermudez’s residence.
The count of possession of a firearm and ammunition by a convicted felon carries a maximum penalty of 10 years in prison and a $250,000 fine.
Acting U.S. Attorney Honig credited officers of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara; members of the Essex County Prosecutor’s Office, under the direction of Acting Prosecutor Theodore N. Stephens II; the Essex County Sheriff’s Office, under the direction of Sheriff Armando B. Fontoura; and special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Acting Special Agent in Charge Craig B. Kailimai, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit, and Special Assistant U.S. Attorney Stacey E. Zyriek Enriquez, of the Violent Crimes Unit.
The charges and allegations contained in the complaint are merely accusations and the defendants are presumed innocent unless and until proven guilty.
Three Charged in $2M Investment Fraud SchemeRead the Press Release
PITTSBURGH, PA – One Ohio resident and two Pennsylvania men have been indicted by a federal grand jury in Pittsburgh on charges of wire fraud and conspiracy to commit mail fraud and wire fraud, Acting United States Attorney Stephen R. Kaufman announced today.
The six-count Indictment, returned on May 25 and unsealed today, named Kevin Carney, 59, of Euclid, OH 44123, Jonathan Freeze, 62, formerly of Pittsburgh, PA, and Robert Irey, 59, of Clarksville, PA 15322, as defendants.
According to the Indictment, the defendants offered victims an opportunity to loan funds to their company, Alternative Energy Holdings, LLC, on a short-term basis and at a high rate of return. The defendants falsely represented that the funds would be used for expenses associated with building a plant that would be capable of turning certain types of waste into energy. The defendants, however, used the majority of the funds for their own personal use and enjoyment. Approximately 22 victims lent approximately $2,017,228.44 to the defendants, but only $63,000 was repaid. The repayments, however, were made using other victims’ loan proceeds.
The law provides for a maximum total sentence of 20 years in prison for each count, a fine of $250,000 for each count or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant. A Magistrate Judge granted the government's request for $50,000 unsecured bond for each defendant.
Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Federal Bureau of Investigation conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Thirty-Two Members and Associates of Norteños Charged in Methamphetamine, Heroin and Fentanyl Trafficking with CJNG Drug CartelRead the Press Release
SALT LAKE CITY – The grand jury issued a 27-defendant, 34-count indictment on Wednesday, charging twenty-seven individuals associated with the Nortenos gang for their roles in a conspiracy to distribute methamphetamine, fentanyl, and heroin across the Wasatch Front. Previously, it returned five other indictments relating to this investigation and operation. The charges follow joint Organized Crime Drug Enforcement Task Force operations conducted by the Drug Enforcement Administration’s Metro Narcotics Task Force (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Unified Police Department’s Metro Gang Unit (MGU), the Internal Revenue Service’s Criminal Investigation Division (IRS), and the United States Marshals Service.
These charges are the result of an investigation beginning in September of 2020 in Utah. During the investigation, law enforcement demonstrated extensive cooperation across the Salt Lake Valley, as the DEA, ATF, Unified Police Department’s Metro Gang Unit, IRS, and the United States Marshals Service conducted a proactive investigation targeting drug and firearms trafficking activities of Salt Lake City gang members, specifically Norteños and their associates This operation follows a previous 38-defendant federal investigation and indictments of Norteños and their associates trafficking in methamphetamine and heroin with the Sinaloa Cartel in February 2019.
During this new operation, law enforcement officers seized more than 42 pounds of methamphetamine, seven pounds of heroin, 5,000 fentanyl pills, 71 grams of fentanyl powder, 15 firearms, and more than $25,000. Using court-authorized investigative techniques, law enforcement learned that the primary narcotics supplier for this group was Jalisco New Generation Cartel (CJNG). Investigators further estimate that the organization and its members are responsible for more than 420 pounds of methamphetamine and 50 pounds of heroin being transported to, and distributed in, the Salt Lake Valley during 2020 and 2021. Evidence gathered during the investigation demonstrate that the defendants were involved in transporting drugs from Mexico into the United States; moving the drugs to Salt Lake City; distributing the drugs to re-distributors who distributed the drugs throughout the community; and collecting and transporting drug proceeds back from Utah to Mexico.
Acting United States Attorney for the District of Utah Andrea T. Martinez announced the charges today along with DEA Assistant Special Agent in Charge Jay Tinkler, ATF Resident Agent in Charge Michael Minichino, Salt Lake County Sheriff Rosie Rivera, U.S. Marshal for the District of Utah Matthew Harris, and IRS-Criminal Investigations Special Agent Stephen Washburn.
The largest indictment returned on Wednesday charges 27 individuals with 34 federal counts, including continuing criminal enterprise, conspiracy to distribute methamphetamine, heroin, and fentanyl, conspiracy to launder money, along with several distribution and possession with intent to distribute narcotics charges, and several additional firearms charges.
Those charged in the indictment are:
- Luis Cuna-Vigil, 35, of Rosarito, Mexico;
- Jesus Avila-Garcia, 46, of Salt Lake City;
- Joe Robert Rael, aka “Jojo,” 52, of Salt Lake City;
- Jerry Philip Vigil, aka “Nino,”47, of Bountiful;
- Jennifer Lopez-Lopez, 20, of San Marcos, California;
- Maria Isla-Avila, aka “Sky,” 22, of Escondido, California;
- Martin Verduzco-Muro, aka “Lalo,” 28, of Bountiful;
- Edward David Lucero, 54, of Sandy;
- Linda Hernandez-Alvarez, 34, of Salt Lake City;
- Brian Michael Fioravanti, 34, of Salt Lake City;
- Jeffrey Kraig Ellis, 60, of West Valley City;
- Patrice Raelynn Estes, 49, of Salt Lake City;
- Leandro Cortez Ochoa Lovato-Howells, 40, of Salt Lake City;
- Mario Alberto Lovato, aka “Grump,” 40, of Salt Lake City;
- Joseph Raymond Trujillo, aka “Qujo,” 31, of West Valley City;
- Celina Alexandra Garcia, “Baby G,” 26, of Salt Lake City;
- Pete Vince Espinoza, 37, of Salt Lake City;
- Judy Ann Maestas, 30, of Salt Lake City;
- Felicia Nicole Mingura, aka “Fela,” 34, of Salt Lake City;
- Erika Rachelle Vigil, 30, of West Valley City;
- Jessica LeAnn Vigil, 30, of Sandy;
- Anthony James Runion, aka “Lil Ace,” 19, of Salt Lake City;
- Richard Lawrence Trujillo, 32, of Salt Lake City;
- Brandon Jay Perrault, aka “Trip,” 42, of Salt Lake City;
- Pedro Jurado, 56, of Midvale;
- Kyle Jimenez-Cuna, 18, of Bountiful.
The grand jury previously returned five indictments for defendants relating to this operation. Included in those additional five indictments are:
- Linda Rose Garcia, 33, of Salt Lake City, charged with being a felon in possession of firearm;
- Joseph Paul House, aka “Chino,” 36, of Taylorsville, charged with being a felon in possession of firearm;
- Victor Jurado, 34, of Salt Lake City, charged with being a felon in possession of firearm;
- Daniel Maestas, 48, of Salt Lake City, charged with possession of methamphetamine with intent to distribute;
- David Soto-Acosta, aka “Droops,” 26, of Salt Lake City, charged with being a felon in possession of a firearm.
Assistant U.S. Attorneys Stephen L. Nelson, Jamie Z. Thomas, and Stewart M. Young in the Utah U.S. Attorney’s Office are prosecuting the case, along with Assistant District Attorney Adam Blanch from the Salt Lake County District Attorney’s Office. Special Agents from the DEA’s Metro Narcotics Task Force, ATF, and IRS Criminal Investigation Division, investigators from the Unified Police Department’s Metro Gang Unit, and Deputies from the United States Marshals Service, conducted the investigation.
Indictments are not findings of guilt. Defendants charged in indictments are presumed innocent unless or until proven guilty in court.
St. Croix Man Convicted of Attempting to Smuggle Two Kilograms of CocaineRead the Press Release
ST. CROIX – U.S. Attorney Gretchen C.F. Shappert announced that, after a week-long trial, a St. Croix federal jury convicted Keithley Parris, age 33, of St. Croix of Conspiracy to Possess Cocaine with Intent to Distribute and Possession of Cocaine with Intent to Distribute. The verdict was returned by the jury on Friday.
According to court documents and evidence presented at trial, Parris conspired with co-defendants Don-Luke George and Zion Hazel in April of 2018 to smuggle 2 kilograms of cocaine thru the St. Croix Henry E. Rohlsen Airport with the intent to transport the cocaine to Miami via an American Airlines flight. Evidence presented at the trial showed that Parris organized and planned the operation; recruited George and Hazel to participate; supplied the cocaine to George; paid George $1,000 to bring the cocaine into the airport; and subsequently directed and monitored the operation via text messages with George and Hazel while the operation was unfolding at the airport. On April 12, 2018, George, who was employed at the airport, smuggled the four bricks of cocaine into the passenger waiting area of the airport and delivered them to Hazel in the handicap stall of the men’s restroom. Hazel was a passenger on the outgoing American Airlines flight but was intercepted with the cocaine prior to boarding his flight by Customs and Border Protection officers.
Customs and Border Protection and Homeland Security Investigations investigated the case. The DEA Southeast Laboratory in Miami analyzed the cocaine.
Assistant U.S. Attorney Daniel H. Huston prosecuted the case.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Seven Defendants Charged in East Bay-Centered Fentanyl Distribution CaseRead the Press Release
SAN FRANCISCO – The U.S. Attorney’s Office has charged six East Bay residents and one Oregon resident with a drug trafficking charges related to the distribution of fentanyl in the Bay Area, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. The arrest of the members of the drug trafficking organization was paired with the largest ever seizure of fentanyl in the Northern District of California.
The charges are set out in two simultaneously filed complaints. The complaints describe how law enforcement investigators conducted a wiretap investigation to develop evidence regarding the distribution of fentanyl by an organization referred to in the complaint as the Castro DTO. Specifically, the first complaint alleges Javier Castro Banegas-Medina, a/k/a Gio, 39, conspired with Elmer Rosales-Montes, 28, and Jose Ivan Cruz-Caceres, 31, to distribute fentanyl to numerous re-distributors who, in turn, disseminated the drugs to others. The re-distributors charged are Jihad Jad Tawasha, 34, William Joseph Laughren, 25, and Heather Borges, 33. The second complaint alleges that Keny Alduvi Romero-Lopez, 23, lived with Castro and possessed with intent to distribute over one-half kilogram of fentanyl. The defendants reside in Oakland, San Leandro, Alameda, and Tracy, Calif., as well as in Oregon.
According to documents filed in these cases, the fentanyl distributed by the Castro DTO was kept in stash houses in Oakland and San Leandro, and its distribution chain flowed throughout the Bay Area, including San Francisco, Concord, and Oakland, and beyond to re-distributors outside of the Northern District of California.
Law enforcement executed arrest warrants at the Castro DTO stash houses on May 25, 2021, where they found approximately 19 kilograms of fentanyl, much of it hidden in fence posts surrounding one of the residences. Law enforcement also discovered dyes likely used to color the fentanyl prior to sale, and approximately $36,000 in bulk currency. Fentanyl, a highly potent drug, is often referred to by the color emitted when the drug is burnt. In this case, the complaint alleges the Castro DTO sold blue, pink, purple, green, and yellow varieties of fentanyl.
The complaints and documents filed in the cases describe numerous transactions that occurred in the Spring of 2021. For example, the complaints describe how after intercepting wire communications in which Castro stated that “guys” would transport drugs ordered by a re-distributor, investigators observed Rosales-Montes or Cruz-Caceres, or both, leave one of Castro’s residences. On one such occasion, investigators intercepted approximately eight ounces of fentanyl being transported from Rosales-Montes and Cruz-Caceres to a re-distributor. Similarly, the complaint describes numerous transactions in which other people, including Laughren, distributed drugs or received drugs for further distribution. According to the complaints, it is estimated the DTO has filled over 100 orders for suspected fentanyl between approximately April 21, 2021 and May 19, 2021. Searches conducted in connection with the arrests of the defendants has resulted in the seizure of approximately 19 kilograms of fentanyl, including bricks concealed within the fence posts of one property. This seizure represents the largest federal seizure of fentanyl ever in the Northern District of California. In court filings requesting detention pending trial, the United States also describes how four of the defendants were recorded discussing their plans to flee to Honduras if released.
In sum, the defendants are charged with the following crimes and face the following maximum statutory penalties:
Castro, Rosales-Montes, and Cruz-Caceres are charged with conspiracy to distribute more than 40 grams of fentanyl, in violation of 21 U.S.C. § § 846, 841(b)(1)(B). If convicted, the defendants face a maximum prison term of 40 years, with a mandatory minimum of 5 years.
Laughren is charged with possession with intent to distribute fentanyl, in violation of 21 U.S.C. § 841(a)(1) &(b)(1)(C). If convicted, Laughren faces a maximum prison term of 20 years.
Tawasha, Romero-Lopez, and Borges are charged with possession with intent to distribute more than 40 grams of fentanyl, in violation of 21 U.S.C. § 841(a)(1) & (b)(1)(B). If convicted, Tawasha, Romero-Lopez, and Borges each face a maximum prison term of 40 years, with a mandatory minimum of 5 years.
The court also may order additional terms of supervised release, fines, forfeitures, and restitution, however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The complaints contain allegations only and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Castro, Rosales-Montes, Cruz-Caceres, Romero-Lopez, and Laughren were arrested May 25, 2021, and made their initial appearances on May 26, 2021, before U.S. Magistrate Judge Kandis A. Westmore. Magistrate Judge Westmore, scheduled detention hearings on June 2, June 3, and June 4, 2021. The United States has moved for detention of the defendants pending trial. Borges was arrested in Oregon and made her initial appearance on June 1, 2021.
The case is being prosecuted by Assistant United States Attorney Noah Stern, Special Assistant United States Attorney Benjamin Kleinman, and the Oakland Branch Office. The prosecution is the result of an investigation by the FBI (through its Safe Streets Violent Gang Taskforce), the Drug Enforcement Administration, and the Concord Police Department with assistance from the Contra Costa County Safe Streets Task Force, the United States Marshal Service, the Walnut Creek Police Department, the Richmond Police Department, the Contra Costa County Probation Department, the Office of the Contra Costa County District Attorney, California Highway Patrol, the Contra Costa County Sheriff’s Office, and the Pleasant Hill Police Department.
This investigation and prosecution is part of OCDETF, which identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Seattle man charged with attempting to provide material support to a foreign terrorist organizationRead the Press Release
Seattle – A Seattle man was arrested on Friday, May 28, at Seattle-Tacoma International Airport on criminal charges related to his alleged efforts to join Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, in order to engage in violent acts of terrorism in the Middle East or the United States.
According to court documents, Elvin Hunter Bgorn Williams, 20, of Seattle, was arrested as he prepared to board an international flight following a lengthy investigation into his efforts to join ISIS.
“As alleged, Williams was determined to support ISIS either by traveling overseas to join and fight with the terrorist organization, or by conducting an attack here in the United States,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “The FBI was just as determined to stop him, and he was intercepted as he tried to make his way abroad. The threat of terrorism at home and abroad remains, and the National Security Division is committed to holding accountable those who would provide material support to foreign terrorist organizations. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
“This defendant proved persistent in his efforts to join ISIS – speaking with enthusiasm about acts of horrific bloodshed in the Middle East and here at home,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “I want to commend those citizens who contacted law enforcement – including his family and faith community - expressing concerns about the defendant’s radicalization. Their courage to speak up and work with law enforcement was important to ensure public safety.”
“This individual self-radicalized, pledged loyalty to ISIS, and became consumed with activities to join the cause overseas,” said Special Agent in Charge Donald M. Voiret of the FBI Seattle Field Office. “We are grateful for the concerned citizens and family members who reported his behavior on multiple occasions and all of the law enforcement agencies who worked tirelessly on this case. These combined efforts no doubt saved lives.”
In November 2020, a member of a Seattle-area mosque contacted the FBI with concerns about Williams. The mosque had attempted to provide support and guidance to Williams, but members became aware he was deeply involved in ISIS propaganda. Williams was using mosque-provided electronic devices to engage in online chats with ISIS radicals and to view ISIS propaganda videos of beheadings and other acts of violence. In November 2020, Williams allegedly swore an oath of allegiance to ISIS.
Using confidential sources close to Williams, the FBI monitored his activity and became aware of his efforts to travel to the Middle East and join ISIS. Williams expressed to his associates that if he could not travel overseas, he would commit an attack in the U.S. on behalf of ISIS. Williams began communicating with those he believed were ISIS recruiters who could get him to an ISIS terror cell in the Middle East or other parts of the world.
In early May 2021, Williams booked airline travel from Seattle to Amsterdam and on to Egypt to join ISIS. On Friday May 28, 2021, he went to Sea-Tac Airport to catch the first leg of his international flight. Williams was arrested at the departure gate.
Williams is charged with attempting to provide material support to a foreign terrorist organization. If convicted, he faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The case is being investigated by the FBI’s Joint Terrorism Task Force in Seattle with assistance from the King County Sheriff’s Office; U.S. Customs and Border Protection; Homeland Security Investigations; Federal Air Marshals; U.S. Citizenship and Immigration Services; U.S Marshals Service; U.S. Postal Inspection Service; Transportation Security Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Naval Criminal Investigative Service; Seattle Police Department; Bellevue Police Department; and Port of Seattle Police Department.
Assistant United States Attorney Todd Greenberg of the Western District of Washington’s Violent Crimes and Terrorism Unit, and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section are prosecuting the case.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
williams_complaint_0.pdfPreviously Convicted Drug Trafficker Facing Federal Indictment for a Fentanyl Distribution ConspiracyRead the Press Release
Baltimore, Maryland – A federal grand jury has returned an indictment charging Lamar Prilliman, a/k/a “Block”, age 48, of Baltimore, Maryland, on federal charges related to a conspiracy to distribute fentanyl. The indictment was returned on May 27, 2021.
The indictment was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Assistant Special Agent in Charge Orville O. Greene of the Drug Enforcement Administration, Baltimore District Office; and Commissioner Michael Harrison of the Baltimore Police Department.
According to the two-count indictment, from December 2020 to January 12, 2021, Prilliman conspired with others to distribute more than 400 grams of fentanyl. The indictment alleges that on January 12, 2021, Prilliman possessed with the intent to distribute more than 400 grams of fentanyl.
As detailed in the indictment, Prilliman previously was convicted in February 2008 on the federal charge of conspiracy to distribute and posses with the intent to distribute heroin, cocaine, and cocaine base (“crack”) in the United States District Court for the District of Maryland. Prilliman was sentenced to 21 years in federal prison, followed by five years of supervised release. Prilliman later received sentencing reductions, and he was released from federal custody in March 2019.
If convicted, Prilliman faces a mandatory minimum sentence of 15 years in federal prison each for the fentanyl distribution conspiracy and for possession with the intent to distribute fentanyl. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. An initial appearance in U.S. District Court in Baltimore has not yet been scheduled. Prilliman is currently detained on state charges.
This prosecution was brought as a part of the Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Co-located Strike Forces Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations against a continuum of priority targets and their affiliate illicit financial networks. These prosecutor-led co-located Strike Forces capitalize on the synergy created through the long-term relationships that can be forged by agents, analysts, and prosecutors who remain together over time, and they epitomize the model that has proven most effective in combating organized crime. The specific mission of the Baltimore OCDETF Strike Force is to reduce violent, drug-related, and gang crime in the Baltimore area and surrounding region.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Jonathan F. Lenzner commended the DEA and the Baltimore Police Department for their work in the investigation and thanked the Baltimore County Police Department, the Baltimore City Sheriff’s Office, the IRS-CI, and the Office of the State’s Attorney for Baltimore City for their assistance. Mr. Lenzner thanked Assistant U.S. Attorneys James T. Wallner, Matthew DellaBetta, and Daniel A. Loveland, Jr., who are prosecuting the federal case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/community-outreach.
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Pawtucket Man Admits to Attempting to Send Obscene Material to a MinorRead the Press Release
PROVIDENCE, R.I. – A Pawtucket man today pleaded guilty in federal court in Providence to attempting to send obscene material to a minor.
Tomy J. Fitton, 41, admitted that he sent photographs of his exposed genitalia to a person he believed to be a 14-year-old girl with whom he had been communicating with online. The person he was communicating with was a member of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force.
According to court documents, during the chatroom communications, in addition to sending the images of his genitalia, Fitton arranged to meet the supposed 14-year-old girl at a location in Providence. When he arrived at the location, Fitton was taken into custody by members of the ICAC Task Force. A cursory search of a cellphone in Fitton’s possession at the time of his arrest revealed the chatroom communications with a member of the ICAC Task Force and the digital images sent to the person he believed to be a 14-year-old girl.
Appearing today before U.S. District Court Chief Judge John J. McConnell, Jr., Fitton pleaded guilty to attempted transfer of obscene material to a minor, announced Acting United States Attorney Richard B. Myrus.
If accepted by the court, a plea agreement filed in this matter recommends that Fitton be sentenced to serve a 24-month term of incarceration in federal prison. Fitton, who is currently detained in federal custody, is scheduled to be sentenced on August 18, 2021.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
The Rhode Island ICAC Task Force is comprised of members of the Rhode Island State Police Computer Crimes Unit, agents from Homeland Security Investigations, and detectives from the Warwick Police Department, Cranston Police Department, Newport Police Department, East Providence Police Department, Pawtucket Police Department, Bristol Police Department, and Portsmouth Police Department.
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Parolee Pleads Guilty to Jailhouse COVID-19 Unemployment Benefits FraudRead the Press Release
FRESNO, Calif. — Christina Smith, 38, who was on parole and had previously been incarcerated at the Central California Women’s Facility (CCWF) in Chowchilla, pleaded guilty in federal court today to conspiracy and aggravated identity theft charges for the submission of fraudulent unemployment insurance claims to the California Employment Development Department (EDD) in the names of current CCWF inmates, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Sholanda Thomas, 37, a current CCWF inmate, sent her own and several other inmates’ personally identifiable information (PII) to Smith to submit the unemployment insurance claims in their names. The underlying applications represented that the inmates had been working various jobs, which was untrue because they were incarcerated and therefore ineligible for benefits. The loss to the EDD and the United States is over $250,000. Smith split the proceeds with her co-conspirators.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation’s Investigative Services Unit, and the EDD. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
Smith is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Aug. 23. For the conspiracy charge, Smith faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. For the aggravated identity theft charge, she faces a mandatory two-year sentence consecutive to any other sentence and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Thomas was indicted on December 17, 2020, along with Smith and is also facing federal prosecution. The charges are only allegations; Thomas is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Parma Man Charged with Stealing $80,000 in Federal Income and Employment Assistance BenefitsRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced that a 52-count federal indictment was unsealed today charging Fouad Saeed Abdulkadir, 42, of Parma, Ohio, with devising and enacting a scheme to defraud the State of Ohio and steal public funds.
The Defendant is charged with various counts of wire fraud, aggravated identity theft and theft of public money.
According to the indictment, from on or about November 22, 2016, to on or about December 7, 2018, the Defendant is accused of orchestrating a scheme to defraud the state of Ohio by submitting fraudulent applications and receiving funding for employment and income assistance while gainfully employed.
The indictment states that the Defendant was employed at a religious center located in Parma, Ohio. As part of his employment, the Defendant was paid a yearly salary, provided health insurance and received performance and seniority-based bonuses and incentives.
According to the indictment, around October of 2016, the Defendant submitted a fraudulent application for participation in the Ohio Department of Job and Family Services (ODJFS) Ohio Works First (OWF) program by falsely listing his income as “0” in order to qualify for employment and income assistance. The OWF program is a federally funded initiative.
From November 22, 2016, to on or about December 7, 2018, the indictment alleges that the Defendant filed monthly ODJFS OWF program forms claiming that he worked in a volunteer capacity for the religious center. It is alleged that on every form submitted to the program, the Defendant listed fictitious volunteer work hours while receiving payment for these hours from the religious center. It is also alleged that on each of these forms, the Defendant used a forged or fraudulent signature of a person he claimed to be his volunteer supervisor.
As a result of these fraudulent submissions, the indictment alleges that the Defendant illicitly obtained more than $15,000 in federal funds through the OWF program.
In addition, the indictment alleges that from on or about July 2016, through on or about July 2019, the Defendant fraudulently applied for and received approximately $41,559.24 in Medicaid benefits and approximately $23,599 in Supplemental Nutrition Assistance Program (SNAP) benefits.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This investigation was conducted by the FBI, CBP and Parma Police Department. This case is being prosecuted by Assistant U.S. Attorney Duncan T. Brown.
Oneida Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Greg Gauthier, age 55, of Oneida, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to one count of distribution of child pornography and one count of possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon, Nicholas Boshears, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Acting New York State Police Superintendent Kevin Bruen.
At sentencing Gauthier faces at least 15 and up to 60 years imprisonment on the charges. The Court must also impose a term of supervised release of between five years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Sentencing is set for October 5, 2021.
As part of his guilty plea, Gauthier admitted that he used a social media messaging application to distribute images of child pornography over the internet, and that he possessed child pornography on his cellular telephone. A forensic review of Gauthier’s cellular telephone revealed that it contained 71 image files and 98 video files depicting child pornography.
Gauthier was previously convicted in Oneida County Court in 2014 for Possessing A Sexual Performance by A Child, and Promoting a Sexual Performance by a Child, in violation of the New York State Penal Law. He was sentenced to 16 months to 4 years in state prison for those offenses, and is registered with the New York State Sex Offender Registry as a Level 2 sex offender.
Gauthier’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and Computer Crimes Unit (CCU) with assistance from the Oneida County District Attorney’s Office The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Ohio County man indicted on drug chargesRead the Press Release
WHEELING, WEST VIRGINIA – Travis E. Vossen, of Wheeling, West Virginia, was indicted today on drug charges, Acting United States Attorney Randolph J. Bernard announced.
Vossen, 31, was indicted today on two counts of “Distribution of Fentanyl within 1,000 feet of a Protected Location,” one count of “Distribution of Methamphetamine within 1,000 feet of a Protected Location,” and one count of “Possession with Intent to Distribute Fentanyl within 1,000 feet of a Protected Location.” Vossen is accused of distributing fentanyl and methamphetamine near Ritchie Elementary School in April and May 2021 in Ohio County.
Vossen faces at least one and up to 40 years of incarceration and a fine of up to $2,000,000 for each count. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Clayton J. Reid is prosecuting the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Nine Individuals Charged for Roles in Fraud Scam Involving 200 VictimsRead the Press Release
Victims Defrauded of at Least $2.5 Million
CHARLESTON, W.Va. – Three indictments returned by a federal grand jury sitting in Charleston have been unsealed that charge nine men for their involvement in illegal schemes alleged to have defrauded at least 200 victims, many of whom are elderly, of at least $2.5 million. The nine defendants are charged with various fraud-related crimes, including mail fraud, wire fraud, money laundering and receipt of stolen property. As of today, all nine of the defendants have been apprehended in operations executed by the United States Secret Service and other federal, state and local law enforcement agencies in seven states.
According to the indictments, from 2016 to 2020, the defendants allegedly participated in a series of romance and other online scams designed to coerce vulnerable victims into sending money to various bank accounts controlled by them. The indictments describe romance scams as online schemes that target individuals looking for romantic partners, friendship, and other close personal and business relationships on dating websites and other social media platforms. The defendants created profiles using fictitious names, locations, and images which allowed them to cultivate relationships with the victims. To carry out the schemes alleged in the indictments, victims were often led to believe that the defendants were U.S. residents working abroad. However, the investigation revealed that these defendants were actually located in the United States. At the early stages of the romance scams, defendants frequently requested relatively small gifts, such as gift cards and cell phones from their victims. As the relationships continued, they requested increasingly larger sums of money from their victims. The defendants allegedly opened bank accounts and laundered the proceeds of the romance scams through those accounts. The defendants also occasionally used cryptocurrency and celebrity meet-and-greet scams to obtain money from their victims.
“This investigation and subsequent indictments demonstrate the commitment the United States Attorney’s Office and our law enforcement partners have in aggressively pursuing those who engage in online fraud scams and prey on vulnerable members of our communities,” said Acting United States Attorney Lisa G. Johnston. “Crimes involving romance scams and other online scams are increasing at an alarming rate. This case is a reminder that users of email, texts and social media should be aware of such scams and exercise extreme caution.”
“The Secret Service is committed to protecting our nation’s financial institutions and the citizens of West Virginia,” said United States Secret Service Resident Agent in Charge Robert W. Pyle. “While this does not undo the harm that was brought upon each victim, we feel that our investigative efforts ensure that those who committed this fraud will be held accountable. We would also like to thank the West Virginia State Police, the South Charleston Police Department, the U.S. Postal Inspection Service and the FDIC-OIG for their cooperation and partnership in this case.”
The following individuals were charged in the indictments:
- Kenneth Emeni, 29, a citizen of Nigeria, residing in Martinsburg, West Virginia;
- John Nassy, 27, a citizen of Nigeria, residing in a suburb of Washington, D.C.;
- Kenneth Ogudu, also known as Kenneth Lee, 28, a citizen of Nigeria, residing in Columbus, Ohio;
- Oluwagbenga Harrison, 30, a citizen of Nigeria, residing in Stone Mountain, Georgia;
- Romello Thorpe, 25, a United States citizen, residing in Washington, D.C.;
- Ouluwabamishe Awolesi, also known as Oluwabamise Johnson, 28, a citizen of Nigeria and the United States, residing in Beltsville, Maryland;
- Augustine Amechi, 24, a citizen of Nigeria, residing in Huntington, West Virginia;
- Banabas Ganidekam, 24, a citizen of Ghana, residing in Westerville, Ohio; and
- Abdul Osumanu, 26, a citizen of Ghana, residing in Omaha, Nebraska.
The United States Secret Service, the United States Postal Inspection Service, the Federal Deposit Insurance Corporation-Office of Inspector General (FDIC-OIG), the West Virginia State Police, the South Charleston Police Department and the United States Attorney’s Office for the Southern District of West Virginia conducted the long-term investigation that spanned approximately two years.
The public is encouraged to report potential online fraud activity or scams at https://www.ic3.gov/.
If you or someone you know is age 60 or older and has been a victim of financial fraud, help is standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, is staffed by experienced professionals who provide personalized support to callers by assessing the needs of the victim, and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is staffed 10am-6pm Eastern Time, Monday-Friday. English, Spanish, and other languages are available.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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 Nos. 3:21-cr-00068 (Emeni, et al), 3:21-cr-00069 (Amechi) and 3:21-cr-00071 (Osumanu, et al).
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Nevada Bottled Water Companies and Owners Ordered to Stop Distributing Adulterated and Misbranded Water ProductsRead the Press Release
A federal court permanently enjoined a Henderson, Nevada, company from preparing, processing and distributing adulterated and misbranded bottled water.
In a complaint filed on May 19, at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that AffinityLifestyles.com Inc. and Real Water Inc., along with company officers Brent A. Jones and his son, Blain K. Jones, violated the Federal Food, Drug, and Cosmetic Act by distributing adulterated and misbranded bottled water. The companies formerly distributed bottled water under the brand names “Re2al Water Drinking Water” and “Re2al Alkalized Water.” While the companies marketed their products as a healthy alternative to tap water, the government alleged that the products in fact consisted of municipal tap water that the defendants processed with various chemicals in violation of current good manufacturing practices, relevant food safety standards and hazard prevention measures.
According to the complaint filed in the U.S. District Court for the District of Nevada, the FDA received information that at least five children experienced acute non-viral hepatitis (resulting in acute liver failure) after drinking Re2al Water. The FDA documented other consumer complaints of illness, including nausea and vomiting, related to the Re2al Water. Subsequently, the agency warned consumers, restaurants, distributors and retailers not to drink, cook with, sell or serve the product.
“Food and water sold to consumers must be safe,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department's Civil Division. “The Department of Justice will continue to work closely with the Food and Drug Administration to ensure that bottled water and other products we eat and drink are manufactured in compliance with the law.”
“As consumers, we count on bottled water companies to take appropriate measures in ensuring their water doesn’t make our families sick, particularly children,” said Acting U.S. Attorney Christopher Chiou for the District of Nevada. “The permanent injunction imposed on Real Water reflects the Department of Justice’s and FDA’s commitment to protecting the health of Nevadans and consumers across the country.”
The complaint alleges that FDA inspections found: (a) multiple regulatory violations in the companies’ manufacturing processes, including significant deviations from preventative control requirements intended to control the risk of hazards in food; and (b) multiple failures to follow current good manufacturing practice requirements for water bottling facilities.
“We are committed to preventing harmful products from entering the nation’s food supply, and we will take enforcement action when a company fails to follow the law,” said FDA Associate Commissioner for Regulatory Affairs Judy McMeekin, Pharm.D. “The FDA, together with our federal counterparts at the U.S. Department of Justice, aggressively pursued this injunction and we will continue to take swift action to protect consumers.”
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the federal court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act and requires that they destroy any food, including any bottled water products, still in their possession. As part of the settlement, the defendants represented that they are no longer engaged in processing, preparing, packing or distributing water or any other type of food. Before processing or distributing any food in the future, the defendants first must notify the FDA in advance, comply with specific remedial measures set forth in the injunction, and permit the FDA to inspect their facilities and procedures.
Trial Attorneys Brianna Gardner and Sarah Williams of the Civil Division’s Consumer Protection Branch are handling the case with the assistance of Assistant U.S. Attorney Troy Flake of the U.S. Attorney’s Office for the District of Nevada and Associate Chief Counsel Jennifer Argabright of the FDA’s Office of the Chief Counsel.
Nevada Bottled Water Companies and Owners Ordered to Stop Distributing Adulterated and Misbranded Water ProductsRead the Press Release
LAS VEGAS, Nev. – A federal court permanently enjoined a Henderson, Nevada, company from preparing, processing, and distributing adulterated and misbranded bottled water.
In a complaint filed on May 19, at the request of the U.S. Food and Drug Administration (FDA), the United States alleged that AffinityLifestyles.com Inc. and Real Water Inc., along with company officers Brent A. Jones and his son, Blain K. Jones, violated the Federal Food, Drug, and Cosmetic Act by distributing adulterated and misbranded bottled water. The companies formerly distributed bottled water under the brand names “Re2al Water Drinking Water” and “Re2al Alkalized Water.” While the companies marketed their products as a healthy alternative to tap water, the government alleged that the products in fact consisted of municipal tap water that the defendants processed with various chemicals in violation of current good manufacturing practices, relevant food safety standards and hazard prevention measures.
According to the complaint filed in the U.S. District Court for the District of Nevada, the FDA received information that at least five children experienced acute non-viral hepatitis (resulting in acute liver failure) after drinking Re2al Water. The FDA documented other consumer complaints of illness, including nausea and vomiting, related to the Re2al Water. Subsequently, the agency warned consumers, restaurants, distributors and retailers not to drink, cook with, sell or serve the product.
“Food and water sold to consumers must be safe,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department's Civil Division. “The Department of Justice will continue to work closely with the Food and Drug Administration to ensure that bottled water and other products we eat and drink are manufactured in compliance with the law.”
“As consumers, we count on bottled water companies to take appropriate measures in ensuring their water doesn’t make our families sick, particularly children,” said Acting U.S. Attorney Christopher Chiou for the District of Nevada. “The permanent injunction imposed on Real Water reflects the Department of Justice’s and FDA’s commitment to protecting the health of Nevadans and consumers across the country.”
The complaint alleges that FDA inspections found: (a) multiple regulatory violations in the companies’ manufacturing processes, including significant deviations from preventative control requirements intended to control the risk of hazards in food; and (b) multiple failures to follow current good manufacturing practice requirements for water bottling facilities.
“We are committed to preventing harmful products from entering the nation’s food supply, and we will take enforcement action when a company fails to follow the law,” said FDA Associate Commissioner for Regulatory Affairs Judy McMeekin, Pharm.D. “The FDA, together with our federal counterparts at the U.S. Department of Justice, aggressively pursued this injunction and we will continue to take swift action to protect consumers.”
The defendants agreed to settle the suit and be bound by a consent decree of permanent injunction. The order entered by the federal court permanently enjoins the defendants from violating the Food, Drug, and Cosmetic Act and requires that they destroy any food, including any bottled water products, still in their possession. As part of the settlement, the defendants represented that they are no longer engaged in processing, preparing, packing or distributing water or any other type of food. Before processing or distributing any food in the future, the defendants first must notify the FDA in advance, comply with specific remedial measures set forth in the injunction, and permit the FDA to inspect their facilities and procedures.
Trial Attorneys Brianna Gardner and Sarah Williams of the Civil Division’s Consumer Protection Branch are handling the case with the assistance of Assistant U.S. Attorney Troy Flake of the U.S. Attorney’s Office for the District of Nevada and Associate Chief Counsel Jennifer Argabright of the FDA’s Office of the Chief Counsel.
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Nebraska Man Sentenced for Sioux Falls RobberiesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that an Omaha, Nebraska, man convicted of two counts of Bank Robbery was sentenced on June 1, 2021, by U.S. District Judge Karen E. Schreier.
Ferris Valentine, age 54, was sentenced to 262 months in federal prison, 5 years of supervised release, restitution to First National Bank in the amount of $217,966, and a special assessment to the Federal Crime Victims Fund in the amount of $200.
Valentine was indicted by a federal grand jury on August 6, 2019. He was found guilty as a result of a federal jury trial in Sioux Falls on March 3, 2020.
On November 15, 2016, Valentine, aided by a partner, robbed the First National Bank branch bank located on West 26th Street in Sioux Falls, South Dakota. The day before the robbery, Valentine rented a car in Omaha, Nebraska, and drove to Sioux Falls, South Dakota, with his accomplice. When they robbed the bank, each wore a mask covering their faces. Valentine was armed with a handgun and demanded the bank employees give him the money in the teller drawers and the vault. Both robbers left the bank before the police arrived.
On November 24, 2017, Valentine robbed the same bank again, but without a partner. He wore the same mask and once again, used a firearm to order the bank employees to comply. He grabbed money from the vault and escaped.
After the second robbery, a DNA match connected Valentine’s partner to the first bank robbery, which subsequently led to the charges against Valentine.
The total monies taken from the bank robberies amounted to around $278,000. First National Bank’s deposits were insured by the Federal Deposit Insurance Corporation.
This case was investigated by the Sioux Falls Police Department, South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Jeremy R. Jehangiri and Jeffrey C. Clapper prosecuted the case.
Valentine was immediately turned over to the custody of the U.S. Marshals Service.
Monmouth County Man Sentenced to 33 Months in Prison for Unlawfully Possessing a FirearmRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man was sentenced today to 33 months in prison for being a felon in possession of a firearm, Acting U.S. Attorney Rachael A. Honig announced.
Natquan T. Johnson, 26, of Asbury Park, New Jersey, previously pleaded guilty before U.S. District Judge Michael A. Shipp to an indictment charging him with one count of being a felon in possession of a firearm. Judge Shipp imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
On July 27, 2019, officers of the Asbury Park Police Department and detectives of the Monmouth County Prosecutor’s Office confronted Johnson, a previously convicted felon, at his residence after observing online social media postings depicting Johnson in possession of a handgun earlier that same day. During a consensual search of the residence, law enforcement located the firearm, a Smith & Wesson .40 caliber semi-automatic handgun loaded with nine rounds of ammunition. As a previously convicted felon, Johnson is not permitted to possess firearms under federal law.
In addition to the prison term, Judge Shipp sentenced Johnson to three years of supervised release.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Newark Division, Trenton Field Office, under the direction of Acting Special Agent in Charge Craig B. Kailimai; officers of the Asbury Park Police Department, under the direction of Chief of Police David Kelso; and detectives of the Monmouth County Prosecutor’s Office, under the direction of Acting Prosecutor Lori Linskey, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Ian D. Brater of the Criminal Division in Trenton.
McKees Rocks Man Pleads Guilty to Setting Fire to Pittsburgh Police Vehicle and Interfering with Law Enforcement during Civil UnrestRead the Press Release
PITTSBURGH, PA - A resident of Allegheny County, PA, pleaded guilty in federal court to charges of conspiring to set fire to property of an organization that receives federal funding and unlawful interference with a law enforcement officer during a civil disorder, Acting United States Attorney Stephen R. Kaufman announced today.
Da’Jon Lengyel, 23, of McKees Rocks, PA 15136 pleaded guilty to two counts before United States District Judge J. Nicholas Ranjan.
In connection with the guilty plea, the court was advised that West attended a protest march held on May 30, 2020, in the downtown Pittsburgh area. The march was related primarily to the death of George Floyd in Minneapolis. The march in Pittsburgh began at approximately 2:30 p.m. on Liberty Avenue in the downtown area, and eventually finished at approximately 4:30 p.m. on Centre Avenue near the intersection with Washington Place above the PPG Paints Arena. At that time, many of the participants were agitated, and one of them began vandalizing a marked Pittsburgh Bureau of Police vehicle (Unit 3212) on Centre Avenue. The crowd was thereby incited to join in vandalizing and destroying that vehicle, and eventually set fire to that vehicle. Lengyel and West climbed onto Unit 3212, and then jumped up and down on the roof of the vehicle. West also sat on the roof and attempted to kick out a window of Unit 3212. Shortly thereafter, Lengyel and West, along with two white males who have not yet been identified (WM1 and WM2) began efforts to set fire to Unit 3212. WM1 attempted to open the hood to the engine compartment but had difficulty with it. He was then joined by WM2 and West. As they were doing this, another vocal member of the crowd, who used a megaphone throughout the destruction of Unit 3212, announced to the crowd that "they are going to light the vehicle." Finally, West was able to disengage the hood’s locking mechanism. The hood of Unit 3212 was lifted, thereby exposing the engine compartment. At that point, WM1 lit a small flame with a lighter and then tossed that lighter inside the engine compartment. However, WM1’s attempt failed, and the engine compartment did not catch fire. A few minutes later, West, Lengyel, WM1 and WM2 placed pieces of cardboard and crumpled paper into Unit 3212’s passenger compartment. WM2 then leaned into the backseat area and ignited the combustible materials that had been placed there. After the fire got going, both Lengyel and WM2 continued to add more paper products to the fire, which eventually spread throughout Unit 3212 and destroyed it.
Judge Ranjan scheduled sentencing for October 12, 2021 at 11:00 a.m. The law provides for a total
sentence of 10 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentencing, the defendant is being detained.
Assistant United States Attorney Shaun E. Sweeney is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police, Federal Bureau of Investigation, and Bureau of Alcohol, Tobacco, and Firearms conducted the investigation that led to the prosecution of Da'Jon Lengyel.
Massachusetts Man Admits to Trading Firearms for Fentanyl in Rhode IslandRead the Press Release
PROVIDENCE, R.I. – A Franklin, MA, man today admitted to a federal court judge in Rhode Island that on at least four occasions he traveled to Rhode Island and traded a firearm for fentanyl.
Appearing in U.S. District Court in Providence today, Timothy J. Valle, 37, of Franklin, MA, admitted that between December 2018 and November 2020, he sent various photographs of firearms he owned to an individual he knew to be involved in selling drugs, proposing to trade firearms for fentanyl. Valle admitted that on at least four occasions he reached a deal to trade a firearm for fentanyl and, after obliterating the serial numbers, he exchanged firearms for fentanyl.
Appearing today before U.S. District Court Judge William E. Smith, Valle pleaded guilty to possessing or receiving a firearm which has had the serial number removed, announced Acting United States Attorney Richard B. Myrus.
Valle is scheduled to be sentenced on August 20, 2021.
The case is being prosecuted by Assistant United States Attorneys William J. Ferland and Ly T. Chin.
Acting United States Attorney Myrus thanks the FBI for their assistance in the investigation of Timothy Valle.
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Marshall County man indicted on firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – Mitchell R. Arbogast, of Wheeling, West Virginia, was indicted today on a firearms charge, Acting United States Attorney Randolph J. Bernard announced.
Arbogast, 59, was indicted today on one count of “Unlawful Possession of a Firearm.” Arbogast, a person prohibited from having a firearm because of a prior conviction, is accused of having a double-barrel 20-gauge Chinese shotgun, a 12-gauge shotgun, a 6-shot .22 caliber revolver, and a .380 semi-automatic pistol in March 2021 in Marshall County.
Arbogast faces up to 10 years of incarceration and a fine of up to $250 ,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Clayton J. Reid is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Marshall County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Manchester Man Sentenced to 120 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Adam W. Gagnon, 43, of Manchester, was sentenced to 120 months in federal prison for possession of fentanyl with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on January 30, 2020, Manchester police detectives received information that Gagnon would be travelling to Lawrence, Massachusetts in an Uber to pick up a significant quantity of fentanyl for distribution. There were several outstanding warrants for Gagnon’s arrest. Detectives observed Gagnon travel to Lawrence in an Uber, enter a building for approximately 10 minutes and get into another Uber to head northbound. Detectives stopped the vehicle, arrested Gagnon on the warrants, and observed a cellophane wrapped package at Gagnon’s feet. The Uber driver consented to a search of the vehicle and the package was seized. A lab later confirmed the package contained over 480 grams of fentanyl.
Gagnon previously pleaded guilty on February 17, 2021.
“Fentanyl has caused horrific damage to communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “Those who seek to profit from the sale of this deadly substance are poisoning our citizens and will be held accountable for their conduct. This defendant was trafficking a very substantial quantity of fentanyl. Thanks to the hard work of the Manchester Police Department, he is now out of business and behind bars.”
This matter was investigated by the Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Man Sentenced to 30 Months Imprisonment for Presenting A Fraudulent Transportation Worker Identification (TWIC) CardRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced today that on May 25, 2021, JIMMIE FLORES (“FLORES”), age 58, was sentenced on a one-count indictment for fraudulent use of a TWIC card in violation of Title 18, United States Code, Section 499. United States District Court Judge Greg Guidry sentenced FLORES to serve 30 months in federal prison. FLORES was placed on 3 years supervised release and ordered to pay a mandatory $100.00 special assessment cost.
According to court documents, FLORES presented a fraudulent Transportation Worker Identification Card (TWIC) to security personnel in Galliano, Louisiana in an attempt to be flown by helicopter to an oil rig in the Gulf of Mexico. Security personnel questioned the authenticity of the card and ultimately denied FLORES’s admission to the rig. FLORES admitted to buying the counterfeit card at a Houston, Texas flea market. The Court ordered FLORES to report to prison on June 28, 2021.
U.S. Attorney Duane Evans praised the work of the United States Coast Guard Investigative Service in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. was in charge of the prosecution.
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Man Indicted on Federal Murder ChargeRead the Press Release
LONDON, Ky. — A federal grand jury sitting in London, has indicted Patrick Baker, 42, a resident of Frankfort, Ky., on a federal charge of murder, committed during a robbery and kidnapping related to drug trafficking.
The indictment alleges that Baker committed a robbery and kidnapping, during which the death of Donald Mills occurred by use of a firearm and a quantity of pills containing oxycodone were taken. The indictment alleges the offense occurred in May of 2014, in Knox County, Kentucky.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Shawn Morrow, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearm and Explosives Louisville Field Office; and Colonel Phillip Burnett, Jr., Commissioner, Kentucky State Police, jointly announced the indictment.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearm and Explosives and the Kentucky State Police. The indictment was presented to the grand jury by Assistant U.S. Attorney Jenna E. Reed.
Baker is scheduled to appear in U.S. District Court, at 4:30 p.m. on Tuesday, June 1 in London.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
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Man Charged with Attempting to Provide Material Support to a Foreign Terrorist OrganizationRead the Press Release
A Washington man was arrested on Friday, May 28, at Seattle-Tacoma International Airport on criminal charges related to his alleged efforts to join Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, in order to engage in violent acts of terrorism in the Middle East or the United States.
According to court documents, Elvin Hunter Bgorn Williams, 20, of Seattle, was arrested as he prepared to board an international flight following a lengthy investigation into his efforts to join ISIS.
“As alleged, Williams was determined to support ISIS either by traveling overseas to join and fight with the terrorist organization, or by conducting an attack here in the United States,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “The FBI was just as determined to stop him, and he was intercepted as he tried to make his way abroad. The threat of terrorism at home and abroad remains, and the National Security Division is committed to holding accountable those who would provide material support to foreign terrorist organizations. I want to thank the agents, analysts, and prosecutors who are responsible for this case.”
“This defendant proved persistent in his efforts to join ISIS – speaking with enthusiasm about acts of horrific bloodshed in the Middle East and here at home,” said Acting U.S. Attorney Tessa M. Gorman for the Western District of Washington. “I want to commend those citizens who contacted law enforcement – including his family and faith community - expressing concerns about the defendant’s radicalization. Their courage to speak up and work with law enforcement was important to ensure public safety.”
“This individual self-radicalized, pledged loyalty to ISIS, and became consumed with activities to join the cause overseas,” said Special Agent in Charge Donald M. Voiret of the FBI Seattle Field Office. “We are grateful for the concerned citizens and family members who reported his behavior on multiple occasions and all of the law enforcement agencies who worked tirelessly on this case. These combined efforts no doubt saved lives.”
“Today’s announcement should serve as a warning that the FBI is determined to see justice served upon those who would attempt to support terrorist organizations and acts of violence against the United States at home and abroad,” stated Acting Assistant Director Patrick Reddan Jr. of the FBI’s Counterterrorism Division. “This individual’s efforts to travel overseas to join ISIS and engage in violent terrorist activities has now been thwarted due to the relentless work of the FBI and its law enforcement partners. This announcement should also serve as a stark reminder of the persistent threat posed by foreign terrorist organizations to the Homeland. Combatting terrorism remains the FBI’s top priority. The men and women of the FBI are committed to working with our Joint Terrorism Task Force partners to protect the communities we serve.”
In November 2020, a member of a Seattle-area mosque contacted the FBI with concerns about Williams. The mosque had attempted to provide support and guidance to Williams, but members became aware he was deeply involved in ISIS propaganda. Williams was using mosque-provided electronic devices to engage in online chats with ISIS radicals and to view ISIS propaganda videos of beheadings and other acts of violence. In November 2020, Williams allegedly swore an oath of allegiance to ISIS.
Using confidential sources close to Williams, the FBI monitored his activity and became aware of his efforts to travel to the Middle East and join ISIS. Williams expressed to his associates that if he could not travel overseas, he would commit an attack in the U.S. on behalf of ISIS. Williams began communicating with those he believed were ISIS recruiters who could get him to an ISIS terror cell in the Middle East or other parts of the world.
In early May 2021, Williams booked airline travel from Seattle to Amsterdam and on to Egypt to join ISIS. On Friday May 28, 2021, he went to Sea-Tac Airport to catch the first leg of his international flight. Williams was arrested at the departure gate.
Williams is charged with attempting to provide material support to a foreign terrorist organization. If convicted, he faces up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI’s Joint Terrorism Task Force in Seattle with assistance from the King County Sheriff’s Office; U.S. Customs and Border Protection; Homeland Security Investigations; Federal Air Marshals; U.S. Citizenship and Immigration Services; U.S Marshals Service; U.S. Postal Inspection Service; Transportation Security Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; Naval Criminal Investigative Service; Seattle Police Department; Bellevue Police Department; and Port of Seattle Police Department are investigating the case.
Assistant U.S. Attorney Todd Greenberg of the Western District of Washington’s Violent Crimes and Terrorism Unit, and Trial Attorney Andrew Sigler of the National Security Division’s Counterterrorism Section are prosecuting the case.
A complaint is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Madera Man Pleads Guilty to Poly-Drug ConspiracyRead the Press Release
FRESNO, Calif. — Patrick Maldonado, 46, of Madera, pleaded guilty today to conspiring to distribute and possess with intent to distribute cocaine and marijuana, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, in November 2018, Maldonado coordinated with Tan Minh Vo, 48, of San Jose, to send two shipments of marijuana to Halen Frazier, 34, of Kingsville, Missouri. The first shipment was seized from Frazier during a traffic stop after Tien Van Phan, 56, of Milpitas, delivered 92 pounds of marijuana to him in two suitcases at a hotel in Kansas City.
Later, agents intercepted calls between Maldonado, co-defendant Elias Zambrano Jr., 41, of Fresno, and Frazier in which they discussed the shipment of 384 pounds of marijuana to Frazier in Kansas City. Maldonado and Zambrano had packed the load in the trailer of a truck driven by co-defendant David McGowan, of Kansas City. Arizona State Troopers discovered the marijuana and $1,629 in cash after a traffic stop.
Following these seizures, agents executed a search warrant at Maldonado’s residence in Madera and found more than 3 kilograms of cocaine, 20 pounds of marijuana, a handgun, and approximately $45,281 in cash. In pleading guilty, Maldonado also agreed to the forfeiture of the firearm and cash.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force consisting of agents from the Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the Tulare, Kings, and Fresno County Sheriff’s Offices, the Fresno Police Department, the Arizona Department of Health, and the Kansas City Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Maldonado is scheduled for sentencing on Aug. 23. He faces a minimum statutory penalty of five years in prison and a maximum statutory penalty of 40 years in prison, along with a $5 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Frazier and Phan previously entered guilty pleas to the drug conspiracy and were sentenced to two years and three months and three and one half years in prison, respectively. Zambrano recently entered a guilty plea and is scheduled for sentencing on Aug. 16.
Charges are pending against McGowan and Vo, who are scheduled for a status conference on July 28. As to these defendants, the charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Milwaukee Man Sentenced to Federal Prison for Robbing an ATF Task Force Officer at GunpointRead the Press Release
Acting U.S. Attorney Richard G. Frohling of the Eastern District of Wisconsin announced that on May 20, 2021, Chief United States District Judge Pamela Pepper sentenced Donquell Franklin (age 30), of Milwaukee, Wisconsin, to 84 months in federal prison for an armed robbery of an undercover ATF Task Force Officer. Judge Pepper ordered that his sentence run consecutive to his state revocation sentence.
On March 2, 2021, Franklin entered a guilty plea to robbery of personal property of the United States, in violation of Title 18, United States Code, Section 2112, and using and carrying a firearm in furtherance of the robbery, in violation of Title 18, United States Code, Section 924(c).
According to the plea agreement, in 2017, ATF agents and task force officers were conducting an undercover investigation of illegal firearm sales. On April 4, 2017, Franklin went into the vehicle of an undercover ATF task force officer and pointed a semi-automatic pistol at the officer. When the officer pushed the gun away, Franklin ejected the magazine, re-inserted it, racked the slide, and pointed it at the officer again. Franklin robbed the officer of ATF buy money, an ATF issued iPhone, and the keys to the vehicle. Law enforcement officers quickly arrived at the scene, pursued Franklin by foot, and found him hiding in a garage in an alley on West McKinley Avenue in Milwaukee. Officers recovered from Franklin’s flight path the firearm, the iPhone, and the keys to the undercover officer’s vehicle.
The Milwaukee Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Milwaukee Police Department, and the Milwaukee County Sheriff’s Office investigated the case. The case was prosecuted by Assistant U.S. Attorney Benjamin A. Wesson.
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Louisville Man Sentenced for Aiming A Laser at an LMPD HelicopterRead the Press Release
Louisville – A Louisville man was sentenced last week to 2 years of probation, including 8 months of home incarceration, for aiming a laser pointer at a Louisville Metro Police helicopter.
According to court documents, Manuel Martin Salazar-Leija, Jr., 26, of Louisville, aimed the beam of a laser pointer at an LMPD helicopter on September 25, 2020, during protests in the city. Lasers can blind pilots and cause the aircraft to crash, and aiming a laser at an aircraft is a federal felony offense.
In addition to 2 years of probation and 8 months of home incarceration, United States District Court Judge David Hale ordered Salazar-Leija, Jr., to pay a $2,500 fine and the costs of his home incarceration.
The Federal Bureau of Investigation investigated the case, and Assistant U.S. Attorney David Weiser prosecuted the case.
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Lee County Man Sentenced to Seven Years in Federal Prison for Distributing Child Sexual Abuse Images Using the InternetRead the Press Release
Fort Myers, Florida – U.S. District Judge Thomas P. Barber has sentenced Kyle William O’Brien (28, Estero) to 7 years in federal prison for using the internet to distribute images depicting the sexual abuse of children. O’Brien was also sentenced to a lifetime term of supervised release and was ordered to register as a sex offender.
O’Brien had pleaded guilty on December 26, 2019.
According to court documents, an individual that O’Brien had met through an online dating application (app) contacted the FBI after O’Brien had sent her images depicting the sexual abuse of children. The woman reported that after she had met O’Brien online on the dating app, the two met in person on February 1, 2019. During their visit, the woman saw O’Brien looking at and swiping through images on his cellphone that depicted the sexual exploitation and abuse of children. Later, O’Brien sent the woman an online message using the dating app to invite her to watch a child exploitation video on his television. O’Brien continued to send the woman messages, he also sent her child sex abuse images.
On April 25, 2019, FBI agents executed a federal search warrant at O’Brien’s home and seized his cellphone. During an interview with law enforcement, O’Brien admitted sending child exploitation materials to the woman from his cellphone. A subsequent forensic examination of O’Brien’s cellphone revealed that the device had been used to search for images and videos depicting the sexual abuse of young children and also contained more than 100 hyperlinks to websites that hosted such materials.
This case was investigated by the Federal Bureau of Investigation, Fort Myers Child Exploitation and Human Trafficking Task Force. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Laplace Man Pleads Guilty to Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that RICHARD GRAY, age 60, a resident of LaPlace, Louisiana, pleaded guilty on May 27, 2021 to an Indictment. In Count One, GRAY pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of a mixture or substance containing a quantity of cocaine hydrochloride. In Count Six, GRAY pled guilty to knowingly and intentionally using a telephone in committing, causing, and facilitating the commission of the violation in Count One.
The Honorable District Court Judge Mary Ann Vial Lemmon will sentence GRAY on September 23, 2021. GRAY faces a maximum sentence of up to twenty years of imprisonment, a fine up to $250,000.00, a period of supervised release not less than three years, and a mandatory assessment fee of $100.00, as it relates to Counts One. For Count Six, GRAY faces a maximum sentence of four years imprisonment, a fine up to $250,000.00, a period of supervised release up to one year, and a mandatory assessment fee of $100.00.
The case was investigated by the U.S. Drug Enforcement Administration and the St. John the Baptist Sheriff’s Office. Assistant United States Attorney Bayonle Osundare is prosecuting the matter.
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KC Man Sentenced for Stolen FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man was sentenced in federal court today for possessing a stolen firearm.
Donte Hardy, 32, was sentenced by U.S. District Judge Greg Kays to nine years and four months in federal prison without parole.
On April 23, 2021, Hardy pleaded guilty to possessing a stolen firearm.
Hardy was arrested on Jan. 23, 2017, following a traffic stop after Kansas City police officers saw him driving a car they believed might be stolen. Hardy initially accelerated, reaching speeds up to 85 miles per hour, but was eventually stopped. Hardy, who was driving with a suspended license, was on state supervision for distributing a controlled substance.
Hardy had $884 in his pocket. When officers searched the vehicle they found three plastic bags that contained a total of 165 grams of marijuana, a bag that contained cocaine, a bag that contained approximately 60 pills (including methamphetamine), and a loaded Beretta .40-caliber pistol. The pistol had been purchased from a firearms dealer in Pennsylvania in 2013 by another person, and Hardy admitted that he knew it was stolen.
Hardy has two prior felony convictions for distributing a controlled substance, a prior felony conviction for possessing a controlled substance, and prior felony conviction for illegally possessing a firearm.
This case was prosecuted by Assistant U.S. Attorneys Patrick C. Edwards and Gregg R. Coonrod. It was investigated by the Kansas City, Mo., Police Department.
Justice Department Settles Investigation into Language Barriers in the Hazleton Police DepartmentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania and the Justice Department announced the United States has reached a settlement agreement with the Hazleton Police Department (HPD) and the City of Hazleton, Pennsylvania, to help people with limited English proficiency (LEP) communicate with the police.
The agreement resolves a Justice Department investigation of the HPD under Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination on the basis of race, color, and national origin by recipients of federal assistance, such as the HPD. The Justice Department initiated its review after receiving a complaint from the Community Justice Project on behalf of an LEP Hazleton resident who, on two separate occasions, within days of each other, had been forced to rely on his young son and then a co-worker to communicate with the police. HPD has since agreed to secure appropriate and reliable means of communicating with the City’s large Spanish-speaking community.
"Timely and accurate communication between limited English proficient residents and police officers is essential to public safety,” said Assistant Attorney General Kristen M. Clarke for the Civil Rights Division. "The changes required by this agreement will benefit crime victims and witnesses, but also help police officers do their jobs. We are pleased that Hazleton’s City and Police Department leadership support improvements to police policy and practices on language services."
“Our office is proud to have joined with the Civil Rights Division on this important case,” said Acting U.S. Attorney Bruce D. Brandler. “Ensuring that all individuals can communicate with law enforcement officers benefits all involved and is fundamental to our democracy.”
Under the agreement, HPD will soon release a new standard operating procedure on language access that requires HPD officers to provide appropriate language assistance in any contacts with LEP community members. Over the next year, HPD and the City will take a number of additional steps, including providing Spanish and English language notices and complaint forms, assessing language skills of bilingual officers, and training staff on how and when to access interpreters and translations.
Enforcement of Title VI of the Civil Rights Act of 1964 is a top priority of the Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and information about limited English proficiency and Title VI is available at www.lep.gov. Members of the public may report possible civil rights violations at https://civilrights.justice.gov/report/. Anyone in the Middle District of Pennsylvania may also report civil rights violations to Assistant United States Attorney Michael J. Butler, the Civil Rights coordinator of the U.S. Attorney’s Office for the Middle District of Pennsylvania by calling 717-614-4911 or emailing [email protected].
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Justice Department Requires Substantial Divestitures in Zen-Noh Acquisition of Grain Elevators from Bunge to Protect American FarmersRead the Press Release
The Department of Justice announced today that it will require Zen-Noh Grain Corp. (ZGC) to divest nine grain elevators in nine geographic areas located in five states along the Mississippi River and its tributaries in order to proceed with its proposed $300 million acquisition of 35 operating and 13 idled grain elevators from Bunge North America Inc.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the District of Columbia to block the proposed merger. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns.
“American farmers produce the crops that feed our nation and the world,” said Acting Assistant Attorney General Richard Powers of the Justice Department’s Antitrust Division. “Without this comprehensive divestiture, many American farmers would have faced lower prices for the corn and soybeans they produce. The divestiture of these assets protects vital competition in our nation’s agricultural industry.”
According to the complaint, the defendants are two of only a small number of competing grain purchasers in nine geographic areas. Without the required divestiture, the combined company likely would have been able to pay less for grain and lower the quality of services offered to farmers. The divestiture ensures that the buyer of the grain elevators will be well positioned to compete vigorously with the merged company in the purchase of corn and soybeans in the affected markets, preserving competition for the benefit of farmers in Arkansas, Iowa, Illinois, Louisiana and Missouri.
The divestiture required under the settlement would, if approved by the court, require ZGC to sell the grain elevators to Viserion Grain LLC (Viserion) or an alternative acquirer approved by the United States. Viserion’s management team has substantial experience in the grain industry.
Zen-Noh Grain Corporation, headquartered in Covington, Louisiana, is the U.S. subsidiary of the National Federation of Agriculture Cooperative Associations of Japan, Zen-Noh. Zen-Noh Grain Corporation trades and exports corn, soybeans, sorghum, wheat and byproducts from its export elevator in Convent, Louisiana, to Japan and other global markets.
Bunge North America Inc. is the North American arm of Bunge Limited. Bunge North America is headquartered in Chesterfield, Missouri. Its operations include grain origination, grain processing and grain trading.
Viserion Grain LLC is owned by Viserion International Holdco LLC, a Colorado-based global agriculture merchant formed with the financial backing of Pinnacle Management L.P. Pinnacle is a $3.2 billion private, New York-based alternative asset management firm that maintains a focus on global commodity markets and trading.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Robert Lepore, Chief, Transportation, Energy and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street NW, Suite 8000, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may enter the final judgment upon finding it is in the public interest.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
Justice Department Announces Court-Authorized Seizure of Domain Names Used in Furtherance of Spear-Phishing Campaign Posing as U.S. Agency for International DevelopmentRead the Press Release
ALEXANDRIA, Va. – On May 28, 2021, pursuant to court orders issued in the Eastern District of Virginia, the United States seized two command-and-control (C2) and malware distribution domains used in recent spear-phishing activity that mimicked email communications from the U.S. Agency for International Development (USAID). This malicious activity was the subject of a May 27, 2021 Microsoft security alert, titled “New sophisticated email-based attack from Nobelium,” in which Microsoft attributed the activity to a nation-state group.
The Department’s seizure of the two domains was aimed at disrupting the malicious actors’ follow-on exploitation of victims, as well as identifying compromised victims. However, the actors may have deployed additional backdoor accesses between the time of the initial compromises and the seizures.
“Cyber intrusions and spear-phishing email attacks can cause widespread damage throughout affected computer networks, and can result in significant harm to individual victims, government agencies, NGOs, and private businesses,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “As demonstrated by the court-authorized seizure of these malicious domains, we are committed to using all available tools to protect the public and our government from these worldwide hacking threats.”
“Last week’s action is a continued demonstration of the Department’s commitment to proactively disrupt hacking activity prior to the conclusion of a criminal investigation,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “Law enforcement remains an integral part of the U.S. government’s broader disruption efforts against malicious cyber-enabled activities, even prior to arrest, and we will continue to evaluate all possible opportunities to use our unique authorities to act against such threats.”
“The FBI remains committed to disrupting this type of malicious cyber activity targeting our federal agencies and the American public,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “We will continue to use all of the tools in our toolbelt and leverage our domestic and international partnerships to not only disrupt this type of hacking activity but to impose risk and consequences upon our adversaries to combat these threats.”
“Friday’s court-authorized domain seizures reflect the FBI Washington Field Office’s continued commitment to cyber victims in our region,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “These actions demonstrate our ability to quickly respond to malicious cyber activities by leveraging our unique authorities to disrupt our cyber adversaries.”
As described in the seizure documents, on or about May 25, 2021, malicious actors commenced a wide-scale spear-phishing campaign leveraging a compromised USAID account at an identified mass email marketing company. Specifically, the compromised account was used to send spear-phishing emails, purporting to be from USAID email accounts and containing a “special alert,” to thousands of email accounts at over one hundred entities
Upon a recipient clicking on a spear-phishing email’s hyperlink, according to the court documents, the victim computer was directed to download malware from a sub-domain of theyardservice[.]com. Using that initial foothold, the actors then downloaded the Cobalt Strike tool to maintain persistent presence and possibly deploy additional tools or malware to the victim’s network. The actors’ instance of the Cobalt Strike tool received C2 communications via other subdomains of theyardservice[.]com, as well as the domain worldhomeoutlet[.]com. It was those two domains that the Department seized pursuant to the court’s seizure orders.
The United States Attorney’s Office for the Eastern District of Virginia and the National Security Division’s Counterintelligence and Export Control Section are investigating this matter in coordination with the FBI’s Cyber Division and Washington Field Office.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; John C. Demers, Assistant Attorney General for National Security; Bryan Vorndran, Assistant Director of the FBI’s Cyber Division; and Steven M. D’Antuono, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement.
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.
Justice Department Announces Court-Authorized Seizure of Domain Names Used in Furtherance of Spear-Phishing Campaign Posing as U.S. Agency for International DevelopmentRead the Press Release
WASHINGTON – On May 28, pursuant to court orders issued in the Eastern District of Virginia, the United States seized two command-and-control (C2) and malware distribution domains used in recent spear-phishing activity that mimicked email communications from the U.S. Agency for International Development (USAID). This malicious activity was the subject of a May 27 Microsoft security alert, titled “New sophisticated email-based attack from Nobelium,” and a May 28 FBI and Cybersecurity and Infrastructure Security Agency joint cybersecurity advisory.
The Department’s seizure of the two domains was aimed at disrupting the malicious actors’ follow-on exploitation of victims, as well as identifying compromised victims. However, the actors may have deployed additional backdoor accesses between the time of the initial compromises and last week’s seizures.
“Last week’s action is a continued demonstration of the Department’s commitment to proactively disrupt hacking activity prior to the conclusion of a criminal investigation,” said Assistant Attorney General John C. Demers for the Justice Department’s National Security Division. “Law enforcement remains an integral part of the U.S. government’s broader disruption efforts against malicious cyber-enabled activities, even prior to arrest, and we will continue to evaluate all possible opportunities to use our unique authorities to act against such threats.”
“Cyber intrusions and spear-phishing email attacks can cause widespread damage throughout affected computer networks, and can result in significant harm to individual victims, government agencies, NGOs, and private businesses,” said Acting U.S. Attorney Raj Parekh for the Eastern District of Virginia. “As demonstrated by the court-authorized seizure of these malicious domains, we are committed to using all available tools to protect the public and our government from these worldwide hacking threats.”
“Friday’s court-authorized domain seizures reflect the FBI Washington Field Office’s continued commitment to cyber victims in our region,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “These actions demonstrate our ability to quickly respond to malicious cyber activities by leveraging our unique authorities to disrupt our cyber adversaries.”
“The FBI remains committed to disrupting this type of malicious cyber activity targeting our federal agencies and the American public,” said Assistant Director Bryan Vorndran of the FBI’s Cyber Division. “We will continue to use all of the tools in our toolbelt and leverage our domestic and international partnerships to not only disrupt this type of hacking activity but to impose risk and consequences upon our adversaries to combat these threats.”
On or about May 25, malicious actors commenced a wide-scale spear-phishing campaign leveraging a compromised USAID account at an identified mass email marketing company. Specifically, the compromised account was used to send spear-phishing emails, purporting to be from USAID email accounts and containing a “special alert,” to thousands of email accounts at over one hundred entities.
Upon a recipient clicking on a spear-phishing email’s hyperlink, the victim computer was directed to download malware from a sub-domain of theyardservice[.]com. Using that initial foothold, the actors then downloaded the Cobalt Strike tool to maintain persistent presence and possibly deploy additional tools or malware to the victim’s network. The actors’ instance of the Cobalt Strike tool received C2 communications via other subdomains of theyardservice[.]com, as well as the domain worldhomeoutlet[.]com. It was those two domains that the Department seized pursuant to the court’s seizure order.
The National Security Division’s Counterintelligence and Export Control Section and the United States Attorney’s Office for the Eastern District of Virginia are investigating this matter in coordination with the FBI’s Cyber Division and Washington Field Office.
Jacksonville Man Sentenced to Five Years in Prison for Identity Theft and Fraud ActivitiesRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced Charles Cornelius Smith (35, Jacksonville) to five years in federal prison for aggravated identity theft and conspiracy to commit bank fraud. The court also ordered Smith to pay restitution to the victims he had defrauded.
Smith had pleaded guilty on February 2, 2021.
According to court documents, Smith obtained the personal identification information, including the name, date of birth, and Social Security number of a victim. Using this information, Smith provided his co-defendant, Zipporan Carmel Peters, with a counterfeit South Carolina driver license using the name and identity of the victim, but with Peters’ photo on it. Smith then drove Peters to different branches of the Navy Federal Credit Union in Clay and Duval Counties. Using the victim’s identity, Peters made various fraudulent transactions involving the withdrawal of large amounts of cash and the purchase of multiple $500 gift cards, utilizing the victim’s account. Smith and Peters also visited multiple cellphone stores in Clay and Duval Counties and used the victim’s identity to obtain several thousand dollars’ worth of cellphones and accompanying merchandise.
Zipporan Carmel Peters is scheduled for trial on July 6, 2021.
“Technology has forever changed the way we do business, making every day financial transactions a prime target for fraud. This case should serve as a strong deterrent to those considering exploiting the identities of others to enrich themselves through fraud,” said Special Agent in Charge, Glen M. Kessler of the U.S. Secret Service - Jacksonville Field Office.
This case was investigated by United States Secret Service (Jacksonville Field Office), the Clay County Sheriff’s Office, and the Orange Park Police Department. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Indianapolis Man Faces Federal Charges for Violent Conduct during Portland RiotsRead the Press Release
PORTLAND, Ore.—An Indianapolis, Indiana, man has been charged with three federal felonies after repeatedly and intentionally jeopardizing the lives of police officers, destroying public property, and encouraging others to commit violence during recent riots in Portland.
Malik Fard Muhammad, 24, has been charged by criminal complaint with possession of unregistered destructive devices, engaging in civil disorder and obstructing law enforcement, and using explosives to commit a federal felony.
According to court documents, Muhammad is alleged to have traveled to Portland with his girlfriend from their home in Indianapolis for the specific purpose of violently engaging in civil disorder during recent area riots. On September 5, 2020, during a large civil disturbance in east Portland, demonstrators threw dangerous objects at police, including commercial grade fireworks, Molotov cocktails, and bottles. At least one demonstrator was seriously burned by a Molotov cocktail thrown in the direction of police. Muhammad was present at this event and provided baseball bats to members of the crowd.
Following Muhammad’s arrest in October 2020, law enforcement seized his cell phone and found messages where he bragged about providing the baseball bats to other rioters. The cell phone also contained a shopping list including common ingredients and supplies used to make a Molotov cocktail. The day after the demonstration, police located a discarded baseball bat with a Goodwill price tag in the area where the event occurred. Police found the Goodwill store where the bat was purchased and obtained surveillance footage showing Muhammad and his girlfriend buying the bats and several “growler” bottles.
On September 21, 2020, during a large demonstration near the Multnomah County Sheriff’s Office Penumbra Kelly Building, law enforcement observed an individual light on fire and throw an object toward the building. One officer observed the burning object flying through the air toward his vehicle, landing approximately 15 feet from a police sound truck. Officers recovered the unexploded device. It consisted of a yellow glass growler with a Goodwill sticker on the bottom, a cloth wick, and an ignitable liquid. It was later determined that the growler was one of the items purchased at Goodwill by Muhammad and his girlfriend. A DNA analysis also linked the growler to Muhammad.
On September 23, 2020, protesters set fire to and broke windows at the Multnomah County Justice Center. When officers advanced toward the crowd, an individual threw a Molotov cocktail in a large yellow growler that landed in front of the officers, shattered, and exploded into a large fireball. While some officers were able to move out of the way, one officer’s leg caught fire. Several videos obtained by law enforcement show Muhammad throwing the explosive device.
On October 11, 2020, police were monitoring a protest involving approximately 250 people in downtown Portland. Members of the group began heavily vandalizing various buildings and parks including the Oregon Historical Society, Portland State University, a Starbucks coffee shop, and a Bank of America branch, among others. Law enforcement observed Muhammad in the crowed dressed in black. Investigators reported observing Muhammad using a metal baton to smash the windows of several buildings and arrested him after a short chase. Muhammad possessed a loaded pistol magazine in his pocket. A loaded pistol matching the magazine found on Muhammad’s person was found discarded near the location of his arrest.
Muhammad’s trip to Portland does not appear to be an isolated event. Investigators obtained evidence that he traveled to Louisville, Kentucky, in August 2020 to meet with anti-government and anti-authority violent extremist groups to conduct firearms and tactical training. Investigators also obtained several public social media posts by Muhammad promoting violence toward law enforcement in other cities including Kenosha, Wisconsin, and Chicago.
Muhammad made his initial appearance in federal court today before a U.S. Magistrate Judge. He was detained pending further court proceedings.
Muhammad is also under indictment in Multnomah County Circuit Court for 26 state felonies including attempted aggravated murder, first degree attempted murder, unlawfully manufacturing an explosive device, first degree criminal mischief, riot, and unlawfully possessing a firearm.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
The Portland Police Bureau, FBI, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives are investigating the case. Assistant U.S. Attorney Adam E. Delph is prosecuting the case.
A criminal complaint is only an accusation of a crime, and a defendant is presumed innocent unless and until proven guilty.
Huntington Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – Seneca Smith, 36, of Huntington was sentenced today to 46 months in federal prison for possession with intent to distribute heroin and cocaine.
According to court documents, on January 12, 2021, officers with the Huntington Police Department executed a search warrant at Smith’s residence in Huntington. Officers seized approximately 206 grams of heroin, 62 grams of cocaine, four sets of digital scales and a drug press. Smith admitted he intended to sell the heroin and cocaine.
Acting United States Attorney Lisa G. Johnston made the announced and commended the investigative work of the Huntington Police Department. Assistant United States Attorney Stephanie Taylor handled the prosecution.
United States District Judge Robert C. Chambers imposed the sentence.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00004.
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Gettysburg Man Sentenced to Life Imprisonment for Witness Tampering by MurderRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Willie Tyler, age 69, of Gettysburg, Pennsylvania, was sentenced today to life in prison by Chief Judge John E. Jones III for witness tampering by murder and witness tampering by intimidation. He was ordered to surrender to the Bureau of Prisons on June 4th, 2021, to commence serving his sentence.
According to Acting United States Attorney Bruce D. Brandler, Tyler participated in the brutal murder of a law enforcement confidential informant from the Carlisle area. The victim was scheduled to testify in Cumberland County Court against David Tyler, the brother of the defendant, on the day of her murder. Willie Tyler planned to murder the victim, along with four other individuals, who were convicted for their role in the murder in previous federal and state court proceedings.
Tyler was first tried in state court in 1994, and acquitted of the murder. The case was then adopted for federal prosecution, and Tyler was convicted after a federal jury trial in 1996. The U.S. Court of Appeals for the Third Circuit overturned Tyler’s conviction, and he was convicted again following a re-trial in 2000. In 2013, the Third Circuit overturned the 2000 conviction in light of a change in the law and remanded the case to the district court for a new trial. Tyler was then tried and convicted for the third time in July 2017. The jury returned its verdict after only two hours of deliberation following a four-day trial.
In February 2018, the district court vacated the jury’s verdict, concluding that there was insufficient evidence to support the convictions. The government appealed, and in April 2020, the Third Circuit reversed the district court’s decision and remanded with instructions to reinstate the jury’s verdict and proceed to sentencing. Tyler then petitioned the United States Supreme Court to review the Third Circuit’s decision but the Court denied his petition on May 17th, 2021.
The case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Pennsylvania Attorney General’s Office, and the Pennsylvania State Police with cooperation from the Carlisle Police Department. The case was previously prosecuted by former Assistant United States Attorneys Gordon A. Zubrod and Chelsea Schinnour and Assistant United States Attorney Joseph J. Terz. Assistant United States Attorney Carlo D. Marchioli handled the most recent appeal and sentencing.
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