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Monday 24 May 2021
El Departamento de Justicia llega a un acuerdo con una agencia de empleo con sede en Georgia que resuelve unas acusaciones de discriminación relacionada con la inmigraciónRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Pyramid Consulting, Inc., una agencia de empleo con sede en Georgia. El acuerdo resuelve acusaciones de que Pyramid Consulting discriminó a un empleado nuevo al rechazar su documentación válida de autorización para trabajar y solicitar un documento adicional innecesario porque él es asilado, y luego, cuando se negó a cumplir con la solicitud ilegal de la compañía, lo despidieron.
«Los empleadores no pueden discriminar a empleados por motivos de su estatus migratorio o de ciudadanía al restringir los tipos de documentos válidos de autorización para trabajar que los empleados pueden presentar o al despedirlos por negarse a cumplir con solicitudes ilegales de documentos», declaró la Fiscal General Auxiliar Adjunta Principal, Pamela S. Karlan, de la División de Derechos Civiles del Departamento de Justicia. «Nos complace ver que Pyramid Consulting remunerará a la parte demandante por concepto de salario perdido y trabajará con el Departamento de Justicia para asegurar que la compañía no imponga a los empleados barreras discriminatorias ilícitas a la hora de verificar su elegibilidad para trabajar».
La investigación del Departamento comenzó después de que un asilado presentó una demanda de discriminación contra Pyramid Consulting ante la División de Derechos Civiles. Con base en su investigación, el Departamento concluyó que, durante el proceso de verificar su elegibilidad para trabajar mediante del Formulario I-9, Pyramid Consulting rechazó la licencia de conducir del trabajador y su tarjeta de seguro social, lo que consta documentación suficiente para los fines del Formulario I-9. Por otra parte, el Departamento determinó que Pyramid Consulting requirió que él presentara, en su lugar, un Documento de Autorización de Empleo. Después de que el trabajador se negó, e incluso después de que indicó a Pyramid Consulting la ley relevante que prohíbe las prácticas documentales injustas, Pyramid Consulting terminó su empleo. Tras la iniciación de una investigación por parte del Departamento, Pyramid Consulting volvió a contratar al trabajador, pero solo después de que perdió varias semanas de pago.
La Ley de Inmigración y Nacionalidad («INA», por sus siglas en inglés) prohíbe que los empleadores pidan documentos adicionales o diferentes a los necesarios para demostrar la elegibilidad para trabajar con base en el estatus migratorio, ciudadanía o bien por su nacionalidad de origen.
Conforme a los términos del acuerdo, Pyramid Consulting pagará una sanción civil a los Estados Unidos de 5.204 $ y pagos retroactivos al trabajador que ascienden a 13.920 $. Por otra parte, revisará sus políticas y procedimientos, asegurará que los empleados relevantes participen en una capacitación sobre los requisitos de la disposición antidiscriminatoria de la INA y se someterá a la supervisión por parte del Departamento durante el término del acuerdo.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; prácticas documentales injustas y represalias e intimidación. Al igual que residentes permanentes legales y ciudadanos de los EE. UU., los asilados y refugiados pueden tener varios tipos de documentos válidos para el Formulario I-9 y un empleador que les pida documentos específicos para el Formulario I-9 podría estar vulnerando la ley que hace cumplir la IER.
Aspirantes o empleados que creen haber sido discriminados por motivos de su estatus migratorio o de ciudadanía o bien por su nacionalidad de origen en los procesos de contratación, despido, reclutamiento o verificación de la elegibilidad para trabajar (Formulario I-9 e E-Verify) o sujetos a represalias pueden presentar una denuncia. El público también puede llamar a la línea directa de la IER para trabajadores al 1-800-255-7688; llamar a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); enviar un correo electrónico a [email protected]; inscribirse a un seminario en línea gratuito; o visitar los sitios web de la IER en inglés o español. Para recibir las últimas noticias de la IER, inscríbase a GovDelivery.
El Departamento de Justicia llega a un acuerdo con un distrito escolar de Nuevo Hampshire paraRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia anunció hoy que ha llegado a un acuerdo de conciliación con el Distrito Escolar de Nashua, el cual resuelve la investigación del departamento de los programas del distrito escolar para sus estudiantes que están aprendiendo inglés. La investigación del departamento halló que incumplió, de manera generalizada, con su deber de proporcionar a estos estudiantes con la enseñanza y el apoyo que necesitan para aprender inglés y para participar plenamente en la vida escolar. La División de Derechos Civiles y la Fiscalía Federal para el Distrito de Nuevo Hampshire llevaron a cabo la investigación en virtud de la ley de Igualdad de Oportunidades Educativas de 1974.
«Los distritos escolares deben redoblar sus esfuerzos y proveer a los estudiantes que están aprendiendo inglés con los servicios y el apoyo a los que tienen derecho en virtud de les leyes federales. Este acuerdo nos recuerda que los maestros no podrán ofrecer esos servicios y apoyo sin antes contar con capacitación y recursos de su distrito», declaró la Fiscal General Auxiliar Adjunta Principal Pamela S. Karlan de la División de Derechos Civiles del Departamento de Justicia. «El Departamento de Justicia hará cumplir la ley con firmeza, con el fin de abrir las puertas de la oportunidad para todos los estudiantes en las escuelas de nuestro país. Aplaudimos al Distrito Escolar de Nashua por haber abierto esas puertas a sus estudiantes que están aprendiendo inglés al celebrar este acuerdo».
«Estamos comprometidos a proteger los derechos civiles de todo estudiante, incluyendo aquellos que están aprendiendo inglés», afirmó el Fiscal Federal en funciones John J. Farley para el Distrito de Nuevo Hampshire. «Cuando nuestras escuelas locales satisfacen las necesidades de todos los estudiantes y padres, estamos mejorando nuestras comunidades. Este acuerdo ayudará a garantizar que las escuelas de Nashua sean un lugar donde todo estudiante tenga la oportunidad de aprender y crecer y todo padre tenga la posibilidad de dar seguimiento al progreso de sus hijos».
El Distrito cooperó en cada paso de la investigación y se ha comprometido a mejorar sus prácticas mediante el acuerdo integral. Conforme al acuerdo, el Distrito:
- Identificará a estudiantes que están aprendiendo inglés y los matriculará en las asignaturas apropiadas;
- Ofrecerá enseñanza de inglés como segundo idioma a todo estudiante que está aprendiendo inglés, incluyendo aquellos estudiantes que tienen discapacidades, y asegurará que el distrito disponga de suficientes maestros certificados en la enseñanza de inglés como segundo idioma;
- Capacitará a maestros de asignaturas académicas básicas, como las matemáticas, las ciencias o los estudios sociales, para poder ayudar a estudiantes que están aprendiendo inglés a entender el contenido en las asignaturas de su nivel de grado;
- Capacitará a los directores de escuela sobre cómo evaluar a maestros de estudiantes que están aprendiendo inglés y apoyar estrategias docentes eficaces;
- Comunicará información escolar esencial en un idioma que padres con un dominio limitado del inglés puedan entender para que sus hijos puedan acceder a todos los programas escolares; y
- Supervisará el progreso de los estudiantes y evaluará, a lo largo del tiempo, la eficacia de sus programas para estudiantes que están aprendiendo inglés.
Por otra parte, el Departamento de Justicia supervisará la implementación del acuerdo por parte del distrito durante tres años escolares.
La ejecución de la ley de Igualdad de Oportunidades Educativas de 1974 es una de las prioridades principales de la División de Derechos Civiles del Departamento de Justicia. Para más información sobre la División de Derechos Civiles del Departamento de Justicia, puede visitar su sitio web en www.justice.gov/crt. Para más información sobre la labor de la Sección de Oportunidades Educativas, vaya a https://www.justice.gov/crt/educational-opportunities-section. Miembros del público también pueden informar de posibles vulneraciones de derechos civiles en https://civilrights.justice.gov/report/.
East Hartford Man Sentenced to Federal Prison for Illegally Possessing Gun in HartfordRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that GREGORY CRAWFORD, 37, of East Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 36 months of imprisonment, followed by three years of supervised release, for illegal possession of a firearm.
According to court documents and statements made in court, on June 29, 2020, Crawford, while operating an unregistered and uninsured vehicle, drove through downtown Hartford at a high rate of speed, weaved in and out of traffic and then struck a car, which then struck another car. He then turned and drove in the other direction before his damaged vehicle came to a stop in front of the Old State House. Hartford Police arrested Crawford and seized from him a loaded Haskell Hi-Point .45 pistol and quantities of crack cocaine and PCP.
Crawford’s criminal history includes state convictions for felony assault, robbery and narcotics offenses. Crawford was on state special parole at the time of his arrest.
Crawford has been detained in state custody since his arrest on June 29, 2020. On March 1, 2021, he pleaded guilty to unlawful possession of a firearm by a felon.
Judge Meyer ordered Crawford to begin serving his federal sentence today, and that the sentence does not include credit for the approximately 11 months Crawford has served in state custody.
This investigation was conducted by the FBI’s Connecticut Violent Crime Task Force and the Hartford Police Department. The case was prosecuted by Assistant U.S. Attorney David T. Huang.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Eagle Butte Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for two counts of Failure to Register as a Sex Offender.
Charles Moran, age 43, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
Moran was convicted of Sexual Abuse of a Minor in December 1997. As a result of this conviction, he is required to register as a sex offender. The Indictment alleges that between March 20, 2021, and March 31, 2021, and again between November 18, 2020, and February 21, 2021, Moran, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charges are merely accusations and Moran is presumed innocent until and unless proven guilty.
The investigation is being conducted by the United States Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Moran was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Indicted for Failure to Register as a Sex OffenderRead the Press Release
Acting United States Attorney Dennis Holmes announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Sylvan Larrabee, age 28, was indicted on May 11, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in federal prison and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund on each count. Restitution may also be ordered.
Larrabee was convicted of Sexual Contact With a Minor in January 2017. As a result of this conviction, he is required to register as a sex offender. The Indictment alleges that between April 17, 2020, and February 8, 2021, Larrabee, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under Federal Law, failed to properly register as a sex offender and update his registration.
The charge is merely accusations and Larrabee is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Larrabee was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Convicted by Federal Jury for Meth TraffickingRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that Anthony Story, age 42, of Eagle Butte, South Dakota, was found guilty of Possession with Intent to Distribute a Controlled Substance as a result of a two-day federal jury trial in Pierre, South Dakota.
The conviction carries a maximum sentence of 20 years in federal prison, and/or a $1,000,000 fine, a lifetime of supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Story was indicted by a federal grand jury on August 11, 2020.
The jury found that on August 14, 2019, Story knowingly possessed 37 grams of methamphetamine, with intent to distribute the drug. Story was arrested while he was sleeping inside a camper in Eagle Butte next to a lightbulb fashioned into a pipe and a small bag holding the methamphetamine and a digital scale. Law enforcement officers discovered Story and the methamphetamine while searching for another individual. Plastic bags holding the methamphetamine were submitted to the South Dakota Forensic Laboratory for DNA testing. The DNA profiles obtained from swabs of the plastic bags were found to match Story’s DNA profile.
The investigation was conducted by the Cheyenne River Sioux Tribe Law Enforcement Services, the Northern Plains Safe Trails Drug Enforcement Task Force, the South Dakota Division of Criminal Investigation, and the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
Sentencing was scheduled for August 2, 2021. Story was immediately remanded to the custody of the U.S. Marshals Service after the jury announced its verdict.
Driver Involved in Dimmit County Crash that Resulted in Five Deaths Enters Guilty PleaRead the Press Release
DEL RIO – Jorge Luis Monsivais, Jr., 23 of Eagle Pass, pleaded guilty today to federal charges in connection with a smuggling scheme that resulted in the deaths of five undocumented noncitizens.
Appearing before U.S. District Judge Alia Moses, Monsivais pleaded guilty to one count of conspiracy to transport illegal aliens resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; one count of conspiracy to harbor illegal aliens; one count of illegal alien transportation resulting in death; and one count of illegal alien transportation resulting in serious bodily injury.
According to court documents, Monsivais and others led Border Patrol agents and Dimmit County Sheriff deputies on a high-speed chase on June 17, 2018. While traveling east bound on Highway 85 at speeds over 100 miles per hour, Monsivais crashed as he entered the town of Big Wells. Four of the 13 undocumented noncitizens traveling with Monsivais at the time of the crash died at the scene and nine were transported to a hospital for medical care. One died on the way to the hospital. U.S. Border Patrol agents detained a total of 23 undocumented noncitizens involved in this scheme—21 Mexican nationals and two Honduran nationals.
Monsivais, who has remained in federal custody since June 17, 2018, faces up to life in federal prison. Sentencing has yet to be scheduled.
U.S. Attorney Ashley C. Hoff, Homeland Security Investigations (HSI) Acting Special Agent in Charge Craig Larrabee, U.S. Border Patrol Del Rio Sector Chief Patrol Agent Austin Skero and Dimmit County Sheriff Marion Boyd made today’s announcement.
Four co-defendants have previously pleaded guilty in this case. On July 29, 2019, 58-year-old Mexican citizen Marcial Gomez Santana pleaded guilty to conspiracy to transport illegal aliens resulting in death; conspiracy to transport illegal aliens resulting in serious bodily injury; conspiracy to harbor illegal aliens; and harboring illegal aliens for private financial gain. On August 20, 2019, Marcial’s son and daughter, 24-year-old Rudy Gomez of Hockley and 22-year-old Johana Gomez of Houston, along with 48-year-old Mexican citizen Mariela Reyna all pleaded guilty to one count of conspiracy to harbor illegal aliens. Sentencing for those four defendants is scheduled for 10:00 a.m. on September 7, 2021. Marcial Gomez faces up to life imprisonment. The remaining three defendants face up to 10 years in federal prison.
HSI investigated this case together with the U.S. Border Patrol—Del Rio Sector and the Dimmit County Sheriff’s Office. Assistant U.S. Attorneys Amy Hail and John Kennedy are prosecuting this case.
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Detroit Man Pleads Guilty to Federal Drug and Gun ChargesRead the Press Release
HUNTINGTON, W.Va. – An Detroit man pleaded guilty today to federal drug and gun charges.
According to court documents, on October 21, 2020, law enforcement officers executed a search warrant on the hotel room rented by Darryl Eric Hill, 37, at the Double Tree Hotel in Huntington. Hill was present in the room during the search and officers seized heroin, methamphetamine, cocaine base, over $19,000 and a loaded 9mm pistol. Hill admitted that he had stayed at the hotel for several weeks and that he had been selling the drugs in and around the Huntington area. Hill also admitted that he kept the firearm with him to protect himself based on his status as a drug dealer.
Hill pleaded guilty to possession with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime and faces up to 20 years in federal prison for the drug charge, and a consecutive sentence of 5 years to life in federal prison on the gun charge, when he is sentenced on August 23, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Police Department. Assistant United States Attorney Joseph F. Adams is handling the prosecution.
United States District Judge Robert C. Chambers presided over the hearing.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00072.
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Defendant Pleads Guilty to Charges Related to May 2020 Civil Unrest in Salt Lake CityRead the Press Release
SALT LAKE CITY – Jackson Stuart Tamowski Patton, 27, of Salt Lake City, pleaded guilty to one felony count of civil disorder, charged in a felony information, for his role in the burning of a Salt Lake City Police Department patrol car during the civil unrest which occurred in Salt Lake City on May 30, 2020.
In the plea agreement, Patton admitted that, on May 30, 2020, he was protesting the killing of George Floyd when protesters turned violent and overturned a Salt Lake City Police Department patrol car. Patton admitted that law enforcement officers were lawfully engaged in the performance of their official duties during the commission of the civil disorder and that he participated in the burning of the overturned patrol car with the intent and purpose of obstructing, impeding, and interfering with law enforcement officers Patton also admitted to moving a burning cloth into the interior of the overturned patrol car.
Sentencing is set for August 11, 2021. Patton faces a maximum term of imprisonment of five years in prison, a payment of $2,500.000 in agreed upon restitution, and a term of supervised release of three years.
Assistant U.S. Attorneys from the Utah U.S. Attorney’s Office prosecuted the case. Special Agents from the ATF and the FBI, and detectives from the Salt Lake City Police Department, conducted the investigation.
Coachella Valley Man Sentenced to Five Years in Federal Prison for Firebombing Republican Club in La QuintaRead the Press Release
LOS ANGELES – A Riverside County man who used a Molotov cocktail in an attempt to destroy the East Valley Republican Women Federated (EVRWF) office in La Quinta was sentenced today to 60 months in federal prison.
Carlos Espriu, 24, of Palm Desert, who has been in federal custody since his arrest in September 2020, was sentenced by United States District Judge Percy Anderson. Judge Anderson also ordered Espriu to pay $5,426 in restitution to the victim for the damage caused by the firebombing.
Espriu pleaded guilty on March 15 to one count of attempted arson of a building.
During the early morning hours of May 31, 2020, Espriu broke the front windows of the EVRWF headquarters and repeatedly tossed through the windows a lighted Molotov cocktail made of three bottles he had taped together.
Several minutes later, surveillance video shows Espriu returning to the EVRWF office, smashing more windows with the bat and reaching into building to retrieve the Molotov cocktails before walking away with the device. Espriu returned to the EVRWF office about 30 seconds later, this time without a mask, and threw the set of bottles into the facility, which immediately caused a fire to start.
Law enforcement executed search warrants on Espriu’s residence and car, and recovered a dash camera, among other items. Stored on the dash camera was a recording from June 28, 2020 in which Espriu spoke to a woman in detail about lighting the fire at the EVRWF. He described his planning, his attempts to recruit others to help him, and the steps he took to start the fire.
The FBI’s Inland Empire Joint Terrorism Task Force investigated this matter.
Assistant United States Attorney Sara B. Milstein of the Violent and Organized Crime Section prosecuted this case.
Cleveland Man Sentenced for Lying to a Firearms Dealer when Attempting to Buy a GunRead the Press Release
A man who attempted to illegally purchase a gun by lying on a federal firearms transaction form was sentenced today in federal court, announced Acting U.S. Attorney Clint Johnson.
U.S. District Judge Claire V. Eagan sentenced Zackery James Childress, 24, of Cleveland, Oklahoma, to five years of probation with the first 8 months to be served on home confinement.
Previously, Childress pleaded guilty to making a false statement to a firearms dealer. In his plea agreement, the defendant admitted that on Sept. 3, 2019, he tried to buy a firearm at a pawn shop in Osage County and lied on the ATF Form 4473, where he indicated that he had never been convicted of a misdemeanor crime of domestic violence. In fact, Childress knew he had been convicted of assault and battery of a pregnant woman on May 1, 2018.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorneys Thomas Buscemi and Michael Harder prosecuted the case.
This case was prosecuted as part of the 2150 Initiative. The initiative focuses law enforcement efforts on criminals who use guns during crimes, individuals who lie on federal firearms transaction forms, and straw purchasers who acquire firearms for prohibited persons. The initiative was named in memory of Tulsa Police Sergeant Craig Johnson. Sgt. Johnson’s badge number, 2150, was selected as a way to honor his life and service. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
Chicopee Man Sentenced for Heroin DistributionRead the Press Release
BOSTON – A Chicopee man was sentenced on Friday, May 21, 2021 in federal court in Springfield for drug distribution charges.
Brett Garcia, 33, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and four years of supervised release. On Jan. 5, 2021, Garcia pleaded guilty to possession with intent to distribute 100 grams or more of heroin. Specifically, Garcia possessed with intent to distribute 565 grams of a mixture of fentanyl and heroin on Feb. 28, 2020 in Hampden County.
Acting United States Attorney Nathaniel R. Mendell; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Chicopee Police Chief William R. Jebb made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Mendell’s Springfield Branch Office prosecuted the case.
Cherry Creek Man Sentenced for Voluntary ManslaughterRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Cherry Creek, South Dakota, man convicted of Voluntary Manslaughter was sentenced on May 17, 2021, by Chief Judge Roberto A. Lange, U.S. District Court.
Jerome White Horse, Jr., age 61, was sentenced to 63 months in federal prison, followed by three years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
White Horse was indicted by a federal grand jury on March 11, 2020. He pleaded guilty on March 1, 2021.
On February 12, 2020, in Cherry Creek, White Horse and another person assaulted a man who crashed his vehicle during a medical emergency. White Horse used a garden hoe to strike the victim in the head. The victim died of injuries sustained during the assault.
The investigation was conducted by the Federal Bureau of Investigation and the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Cameron J. Cook prosecuted the case.
White Horse was immediately remanded to the custody of the U.S. Marshals Service.
Chattanooga Man Charged with Defrauding Investor in Covid-19-Related PPE SchemeRead the Press Release
On May 24, 2021, David Michael Wright, Sr., 58, of Hixson pleaded guilty to a two-count information charging him with wire fraud and money laundering. Sentencing has been set for October 1, 2021, at 9:00 a.m., before the Honorable Travis R. McDonough in the United States District Court for the Eastern District of Tennessee at Chattanooga. Upon motion of the United States, the Honorable Susan K. Lee, United States Magistrate Judge, ordered that Wright be detained pending sentencing.
According to court documents filed by the United States, from April to September 2020, Wright devised a scheme to defraud and obtain money under fraudulent pretenses from at least one victim. Wright and the victim began discussing investment opportunities involving the purchase and resale of Personal Protective Equipment (PPE) to hospitals and retailers in response to the COVID-19 pandemic. Wright falsely claimed that he had contacts with Chinese manufacturers to source the manufacture of PPE products, that Wright was importing PPE products from China, and that Wright was then selling those products in the United States at a significant profit, including KN95 masks. In July 2020, Wright emailed the victim with an attached fraudulent $49,700.00 pro forma invoice from an alleged Chinese manufacturer for the purported purchase of 70,000 KN95 masks, which Wright falsely claimed could be purchased by the victim and then resold to CHI Memorial Hospital for $210,000.00, resulting in a profit of $140,000.00 for the victim. Several days later, the victim paid Wright $49,700.00 cash, for the purchase of KN95 masks, and Wright provided the victim with a fraudulent DHL tracking number for the "shipment" from China. In August 2020, Wright gave the victim a check for $210,000.00 representing the victim’s proceeds from the sale of the KN95 masks to CHI Memorial Hospital. However, Wright knew he did not have sufficient funds to cover that check, as CHI Memorial Hospital had made no agreement to purchase PPE from Wright, nor had they paid any money to Wright. Wright also learned that the victim had a connection with a hand sanitizer manufacturer, Miramar Labs. Wright fraudulently represented that Publix Super Markets, Inc. (Publix) was going to purchase 40,000 bottles of hand sanitizer, and, to maintain that deception, Wright wired some of the money obtained from the fraudulent KN95 scheme to Miramar Labs, while the victim paid the remaining amount. In total, Wright obtained approximately $80,500.00 as part of his fraudulent scheme.
Wright, Sr. faces a possible sentence of up to 30 years’ imprisonment on the wire fraud count and up to 10 years’ imprisonment on the money laundering count, along with significant fines, restitution, and forfeiture of property.
Assistant United States Attorney Steven Neff represents the United States.
The investigation was conducted by the FBI and the U.S. Attorney's Coronavirus Fraud Task Force.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at https://www.justice.gov/coronavirus.
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Charges Unsealed Against Former Chadian Diplomats to the U.S. Charged in Connection with International Bribery and Money Laundering SchemeRead the Press Release
An indictment returned by a federal grand jury in Washington, D.C. was unsealed on May 20, 2021, charging the Republic of Chad’s former Ambassador to the United States and Canada and Chad’s former Deputy Chief of Mission for the United States and Canada with soliciting and accepting a $2 million bribe from a Canadian start-up energy company, and conspiring to launder the bribe payment in order to conceal its true nature.
According to court documents, Mahamoud Adam Bechir and Youssouf Hamid Takane engaged in this scheme between August 2009 and July 2014, while serving as diplomats based out of the Embassy of Chad located in Washington, D.C. According to the indictment, Bechir and Takane demanded the bribe from the Canadian start-up energy company in exchange for a promise to misuse their official positions and their influence with the government of Chad to assist the start-up energy company in obtaining oil rights in Chad. Naeem Tyab, a citizen of Canada and founding shareholder of the start-up energy company, who served as a director of the company from 2009 through 2011, is also charged in the indictment for allegedly arranging for the bribe to be paid to Bechir’s wife, co-defendant Nouracham Bechir Niam, via a sham contract for consulting services that she never actually provided. In addition to the $2 million bribe payment, the start-up energy company also issued shares in the company to Niam, to Takane’s wife, and to a third Chadian individual, as part of the bribe, according to the indictment.
“These defendants allegedly engaged in a multimillion dollar bribery scheme while in the United States and then used the U.S. financial system to launder the bribes to conceal their conduct,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “The charges unsealed today demonstrate the department’s determined commitment to investigate and prosecute corruption wherever it occurs and the officials who use our financial system to launder their bribes. Corruption undermines trust in governments and prevents the free market from functioning fairly for law-abiding people and companies.”
“The bribery and corruption of foreign officials causes grave harm to both the global economy and the interests of the United States,” said Acting U.S. Attorney Channing D. Phillips of the District of Columbia. “My office and the Justice Department are committed to prosecuting these violations and efforts to launder the proceeds of these crimes.”
“Accepting and soliciting bribes seriously threatens the integrity of our economic system,” said Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office. “When corrupt foreign officials launder funds through the United States in furtherance of their criminal activity, the FBI will work tirelessly to hold those officials accountable and send a message that we will not relent in our efforts to uphold the law.”
All four defendants are charged with conspiracy to commit money laundering, and Bechir, Takane, and Niam are also charged with money laundering, each of which carries a maximum potential penalty of 20 years in prison. Niam and Tyab are also charged with conspiracy to violate the FCPA, which carries a maximum potential penalty of five years in prison. The indictment in this case was returned by the grand jury in February 2019. Tyab was arrested in the Southern District of New York on Feb. 9, 2019, and subsequently, on April 30, 2019, he entered a guilty plea to one count of conspiracy to violate the FCPA. As part of his guilty plea, Tyab agreed to forfeit criminal proceeds of approximately $27 million. The Honorable Richard J. Leon will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. The remaining three defendants remain at large.
The FBI’s Washington Field Office is investigating the case.
Trial Attorneys Katherine Raut and Tarsha Phillibert of the Criminal Division’s Fraud Section, Trial Attorney Steven Parker of the Criminal Division’s Money Laundering and Asset Recovery Section, and Assistant U.S. Attorney Kathryn Rakoczy of the U.S. Attorney’s Office for the District of Columbia are prosecuting the case. The Criminal Division’s Office of International Affairs provided significant assistance in this matter.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Buffalo Man Pleads Guilty to Selling Fentanyl and Possessing A GunRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that D’Mario Caesar, 34, of Buffalo, NY, pleaded guilty before U.S. District Judge Richard J. Arcara to possessing with intent to distribute fentanyl and possessing a firearm in furtherance of a drug trafficking crime. The charges carry a mandatory minimum penalty of 10 years in prison and a maximum of life.
Assistant U.S. Attorneys Michael J. Adler, Seth T. Molisani, and Richard Antoine, who are handling the case, stated that on April 24, 2018, investigators executed two search warrants at City of Buffalo residences associated with the defendant: 203 May Street and an apartment at 1040 Delaware Avenue. The search of 203 May Street resulted in the seizure of approximately 103 grams of fentanyl, over 300 grams of butyryl fentanyl, approximately 80 grams of cocaine, 37 glassine envelopes containing fentanyl, three digital scales, a metal press, and a bag of cut. In addition, investigators seized a .45 caliber pistol with 13 rounds of ammunition. At 1040 Delaware Avenue, investigators seized $11,000 in U.S. currency and additional drug packaging materials.
The plea is the result of an investigation by Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
Sentencing is scheduled for August 30, 2021, at 12:30 p.m. before Judge Arcara.
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Bridgeport Felon Sentenced to 3 Years in Prison for Illegally Possessing FirearmRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that SHANNON CALHOUN, 49, of Bridgeport, was sentenced via videoconference by U.S. District Judge Janet C. Hall to 36 months of imprisonment, followed by three years of supervised release, for illegal possession of a firearm.
According to court documents and statements made in court, on May 22, 2019, Calhoun was subject to a state parole compliance check at his Bridgeport residence. After a parole officer found a plastic bag containing marijuana in Calhoun’s bedroom, the parole officer contacted the Bridgeport Police Department to assist with the compliance check. The continued search of Calhoun’s bedroom revealed a loaded .40 caliber handgun and a coffee bean grinder containing heroin residue.
Calhoun’s criminal history includes state felony convictions for sale of narcotics, assault in the first degree, larceny in the second degree, weapon in a motor vehicle; burglary in the third degree, carrying a dangerous weapon, possession of narcotics, criminal possession of a weapon, and failure to appear.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm that has moved in interstate or foreign commerce.
Calhoun has been detained since his arrest on May 22, 2019. On November 3, 2020, he pleaded guilty to unlawful possession of a firearm by a felon.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Bridgeport Police Department. The case was prosecuted by Assistant U.S. Attorney Nathaniel J. Gentile.
This prosecution has been brought though Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Brazilian Nationals Sentenced for Racketeering and Robbery ChargesRead the Press Release
BOSTON – Two members of Primeiro Comando da Massachusetts (PCM), a gang with Brazilian origins, were sentenced on Friday, May 21, 2021 in connection with racketeering, committing armed robberies, and gun and drug trafficking.
Joao Pedro Marques Gama, a/k/a “Bahianinho,” 23, and Vinicius De Assis Goncalves, 23, Brazilian nationals previously residing in Revere, were sentenced by U.S. District Court Judge Patti B. Saris to 54 and 87 months in prison, respectively. Each defendant will face deportation proceedings upon completion of his sentence.
On Dec. 10, 2020, Gama pleaded guilty to conspiracy to conduct enterprise affairs by a pattern of racketeering (also known as RICO conspiracy), conspiracy to commit robbery, conspiracy to distribute cocaine and 28 grams or more of cocaine base, engaging in the business of dealing in firearms and being an alien in possession of a firearm. On Dec. 9, 2020, Goncalves pleaded guilty to RICO conspiracy.
In September 2018, federal agents began investigating members and associates of PCM, which first appeared in Massachusetts in 2017. It is alleged that members and associates of PCM were actively involved in violent crimes including the illegal sale of firearms, drug trafficking, robberies, kidnappings and armed assaults in numerous communities in Massachusetts, including Boston, Malden, Everett, Somerville, Framingham and Peabody, among others.
Gama participated in an armed robbery outside a Brazilian money transfer business in Everett and conspired to commit armed robbery of a drug courier. Gama was also responsible for distributing over 28 grams of crack cocaine and nine firearms, including a sawed-off shotgun.
Goncalves participated in the robbery of a market in Boston, an armed robbery outside a cellphone store in Framingham and the robbery of a car in Marlborough.
All defendants in the case pleaded guilty to RICO conspiracy and other charges. In February 2021, Judge Saris sentenced co-defendant Breno Henrique DaSilva to nine years in prison, co-defendant Matheus Marley Machado to 27 months in prison, and co-defendants Alvaro Dos Santos and Marcio Costa to four and five years in prison, respectively.
Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Colonel Christopher Mason, Superintendent of the Massachusetts State Police made the announcement. The Chelsea, Lowell, Malden, Marlborough, Somerville and Weymouth Police Departments and the Middlesex Sheriff’s Office provided assistance with the investigation. Assistant U.S. Attorney Timothy Moran, Deputy Chief of Mendell’s Organized Crime and Gang Unit, and Assistant U.S. Attorney Michael Crowley prosecuted the case.
Boulder City Man Convicted of Assaulting Spouse at Lake Mead National Recreation AreaRead the Press Release
LAS VEGAS, Nev. – A federal jury convicted a Boulder City man on May 20, for assaulting his wife at a campground in the Lake Mead National Recreation Area.
According to court documents and evidence presented at trial, Michael David Thompson, 65, repeatedly struck the victim’s face and body on September 21, 2020, at the Boulder Beach Campground within the Lake Mead National Recreation Area. Thompson’s assault caused the victim injuries that included a broken nose, fractured left orbital bone, and large contusions to her face and left arm.
After a three-day jury trial, Thompson was found guilty of one count of felony assault resulting in substantial bodily injury to a spouse or intimate partner. U.S. District Judge Jennifer A. Dorsey presided over the trial and scheduled a sentencing hearing for August 23, 2021.
Thompson faces a statutory maximum sentence of five years in prison and a $250,000 fine. He also faces a period of supervised release, restitution, and monetary penalties.
Acting U.S. Attorney Christopher Chiou for the District of Nevada made the announcement.
This case was investigated by the National Park Service. Special Assistant U.S. Attorney Rachel Kent and Assistant U.S. Attorney Joshua Brister are prosecuting the case
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Bayou La Batre Man Sentenced to More Than 23 Years for Two Armed RobberiesRead the Press Release
United States Attorney Sean P. Costello of the Southern District of Alabama announced that on May 13, 2021, En Chim was sentenced in federal court to more than 23 years in prison after being convicted by a jury of all counts of a five-count indictment. En Chim was sentenced to 115 months custody for two robberies in Bayou La Batre, Alabama and being a felon in possession of a firearm. En Chim received a sentence of 84 months in two additional counts for the use of a firearm to commit the robberies. These sentences are to run consecutive to all other sentences. The total sentence Chim will serve is 283 months in the custody of the Bureau of Prisons. United States District Judge Terry F. Moorer also ordered Chim to serve three years of supervised release following his release from prison and pay $1,100 in restitution.
At the trial held January 25 and 26, 2021, the jury found Chim guilty on all counts. Witnesses and video evidence showed that Chim and another unidentified individual entered a convenience store in November 2018 demanding money and waving handguns at the attendant. Two weeks later Chim and the same unidentified individual entered a sandwich shop as it was closing for the evening. Again, En Chim and his accomplice demanded money from the register and a wallet and cell phone.
Special Agents from the Federal Bureau of Investigation along with the Bayou La Batre Police Department investigated this case along with the assistance of the United States Attorney’s Office.
Ashland Woman Sentenced to 24 Months for Methamphetamine TraffickingRead the Press Release
CONCORD – Samantha Trombley, 36, of Ashland, was sentenced to 24 months in federal prison for possession of methamphetamine with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on March 20, 2019, a New Hampshire state trooper pulled over a car driven by Trombley for a vehicle violation. There were two other individuals in the car. A second officer arrived at the scene and noticed a pipe used for smoking methamphetamine sticking out of a passenger’s pocket. The passenger was removed from the vehicle and arrested. The second passenger was also arrested on outstanding warrants. Trombley was interviewed by another officer and claimed she did not know the passengers very well but they had called her for a ride to a home near Plymouth.
The vehicle was towed and secured. After obtaining a search warrant, officers discovered heroin and fentanyl as well as other drug paraphernalia in the passengers’ backpacks. A purse belonging to Trombley was located containing $790 in cash, a smoking pipe, over 151 grams of methamphetamine, and a small bag of heroin.
Trombley previously pleaded guilty on February 19, 2020.
“Methamphetamine continues to present a significant threat to communities throughout New Hampshire,” said Acting U.S. Attorney Farley. “To protect public safety, we are working closely with our law enforcement partners to identify and prosecute the drug dealers who are selling this dangerous substance in the Granite State.”
“As methamphetamine seizures are on the rise DEA stands committed to keeping this highly addictive drug out of New Hampshire,” said DEA Special Agent in Charge Brian D. Boyle. “This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire.”
This matter was investigated by the New Hampshire State Police and the Drug Enforcement Administration. The case was prosecuted by Assistant U.S. Attorney John S. Davis.
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Ambridge Cocaine Dealer Sentenced to Nearly Six Years in Federal PrisonRead the Press Release
PITTSBURGH – Harold Novick was sentenced to 70 months in prison for conspiring to distribute cocaine, Acting United States Attorney Stephen R. Kaufman announced today.
Novick, age 41, of Ambridge, Pennsylvania, was sentenced by United States District Judge J. Nicholas Ranjan. Judge Ranjan ordered Novick to serve six years of supervised release following his prison sentence.
Novick trafficked cocaine for several months in 2018 while he was on state parole for trafficking cocaine. He was previously convicted six times in six prior federal and state prosecutions for trafficking cocaine. He previously served several state and federal prison sentences for these convictions as well as for state parole and federal supervised release violations.
Assistant United States Attorney Craig W. Haller prosecuted this case on behalf of the United States.
The Drug Enforcement Administration, the Internal Revenue Service, the federal Bureau of Prisons, and the Pennsylvania Office of Attorney General led the multi-agency investigation that also included the United States Postal Inspection Service, the Beaver County District Attorney’s Office, the Department of Homeland Security/Homeland Security Investigations, the Pittsburgh Police Department, the United States Marshals Service, the Pennsylvania State Police, the Munhall Police Department, the Robinson Township Police Department, the McKees Rocks Police Department, the Stowe Township Police Department, the Etna Police Department, and the Erie County District Attorney’s Office.
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.
Alleged Chicago Carjacker Arrested on Federal ChargeRead the Press Release
CHICAGO — A man has been arrested and charged in federal court with carjacking after he allegedly took a vehicle at gunpoint near Garfield Park in Chicago late last week.
KIAR EVANS, 22, of Chicago, is charged with one count of carjacking in connection with the Thursday afternoon incident. Evans is scheduled to make an initial appearance in federal court today at 1:00 p.m. before U.S. Magistrate Judge Jeffrey I. Cummings.
The arrest and federal charge were announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Emmerson Buie, Jr., Special Agent-in-Charge of the Chicago Field Office of the FBI; and David Brown, Superintendent of the Chicago Police Department. The government is represented by Assistant U.S. Attorney Caitlin Walgamuth.
According to a criminal complaint filed in U.S. District Court in Chicago, Evans approached the driver’s side window of a Nissan Altima at the intersection of West Congress Parkway and Independence Boulevard in Chicago. Evans pointed a firearm at the Nissan’s driver and demanded that the driver exit the vehicle, the complaint states. The victim complied and Evans drove off in the Nissan, the complaint states.
Shortly after the carjacking, Evans was driving the stolen Nissan when he was involved in a multi-vehicle crash at the intersection of Harrison Street and Ogden Avenue in Chicago, the complaint states. Chicago Police officers arrested Evans and discovered a loaded semi-automatic handgun in the Nissan, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt. The carjacking charge is punishable by a maximum sentence of 15 years in federal prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
Alaska man sentenced to 20 months in prison for arson conspiracy for August 2020 fire at Seattle Police East PrecinctRead the Press Release
Seattle – A 20-year-old Alaska man was sentenced today in U.S. District Court in Seattle to 20 months in prison for conspiracy to commit arson in connection with the fire he set Monday, August 24, 2020, at the Seattle Police Department’s East Precinct, announced Acting U.S. Attorney Tessa M. Gorman. Desmond David-Pitts was arrested shortly after the fire. At the sentencing hearing U.S. District Judge John C. Coughenour noted the serious danger the fire posed to Seattle Police Officers who could have been trapped inside the building.
“A handful of people bent on destruction, by committing arson and threatening the safety of our community, also drowned out the important message of those who peacefully protest injustice,” said Acting U.S. Attorney Tessa M. Gorman. “This defendant joined with others to put Seattle Police Officers at risk. It is wholly appropriate that he spend time in prison as a consequence of his criminal acts.”
According to records filed in the case, David-Pitts had arrived in Seattle from Alaska just three days before the arson. After marching with the group of protestors in downtown Seattle, David-Pitts is seen on surveillance video piling up trash against the sally-port door at the Seattle Police East Precinct. Over an eleven-minute period, the surveillance video captures David-Pitts not only piling up the trash, but repeatedly lighting it on fire and feeding the flames with more trash. While David-Pitts was lighting the fire, other people who appeared on the surveillance were attempting to use crowbars and cement-like materials to try to disable the door next to the sally-port to prevent officers from exiting the building. At various times, David-Pitts was communicating with the black-clad individuals who were attempting to disable the door and light other fires around the building. Despite efforts to disable the door, officers were able to get outside and extinguish the flames. David-Pitts was seen on surveillance working with the others to cut through a chain-link fence that was a barrier around the building. All the fires were extinguished by Seattle Police Officers and members of the Seattle Fire Department.
David-Pitts was identified less than an hour later in the crowd outside the precinct because of the distinctive pink camouflage trousers he was wearing. He was arrested without incident.
David-Pitts has agreed to pay restitution to the Seattle Police Department for damage to the building.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Seattle Police Department.
The case was prosecuted by Assistant United States Attorney Todd Greenberg.
Sunday 23 May 2021
Portland Resident Sentenced to Federal Prison After Trial Conviction for Illegal Firearm PossessionRead the Press Release
PORTLAND, Ore.—A Portland man was sentenced to federal prison today after being convicted at trial in October 2021 for illegally possessing a stolen firearm as a convicted felon.
Desmond Boris Washington, 35, was sentenced to 4 years in federal prison and 3 years’ supervised release.
According to court documents, on October 10, 2018, Homeland Security Investigations (HSI) agents and Portland Police Bureau officers executed four premises search warrants in the Portland area as part of a federal investigation into the armed robbery of two marijuana dealers. Washington, while not a target of the investigation, resided at one of the apartments searched. During the search, a Portland police officer observed a silver and black Taurus handgun in an open dresser drawer. In the same drawer, agents found a gold dental grill, necklaces, and a pendant with the name “I5daP,” a moniker used by Washington. Investigators later obtained several publicly available photographs and videos showing Washington wearing the dental grill and necklaces.
As the investigation continued, agents found additional evidence linking Washington to the handgun. A DNA test found DNA profiles from four different individuals, including Washington, on the gun. Washington’s public Facebook profile photo showed him holding what appeared to be the same gun. Washington also posted a series of music videos to YouTube showing him and several other convicted felons with the gun.
On November 6, 2018, a federal grand jury in Portland returned a single-count indictment charging Washington with illegally possessing a firearm as a convicted felon. He was convicted on the charge in a jury trial ending October 30, 2021.
On December 4, 2019, two other Portland residents, Christopher Eugene Miller, 30, and Kebrin Larry Jones, 28, were indicted for illegally possessing the same stolen Taurus handgun. Jones later guilty to the charge and, on September 1, 2020, was sentenced to 17 months in federal prison and three years supervised release. Miller is in pre-trial custody pending a three-day jury trial scheduled to begin on June 28, 2021.
Acting U.S. Attorney Scott Erik Asphaug of the District of Oregon made the announcement.
This case was investigated by Homeland Security Investigations and the Portland Police Bureau and is being prosecuted by the U.S. Attorney's Office for the District of Oregon.
The case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Saturday 22 May 2021
Brooklyn Man Arrested for Arson of Yeshiva and SynagogueRead the Press Release
A criminal complaint has been filed in federal court in Brooklyn charging Ali Alaheri with setting fire to a yeshiva and synagogue in Brooklyn on May 19, 2021. Alaheri was arrested in Dobbs Ferry, New York, yesterday and will make his initial appearance this afternoon before United States Magistrate Judge Vera M. Scanlon.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York; John B. DeVito, Special Agent-in-Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Dermot Shea, Commissioner, New York City Police Department (NYPD); and Daniel A. Nigro, Commissioner, New York City Fire Department (FDNY), announced the arrest and charge.
“As alleged in the complaint and detention letter, Alaheri deliberately set fire to the sacred home of a yeshiva and synagogue, and viciously attacked a man wearing traditional Hasidic garb, demonstrating a violent hatred that cannot be tolerated,” stated Acting U.S. Attorney Lesko. “This Office strongly condemns these sorts of intentional acts of violence and we will go to every length possible to prosecute this type of conduct to the fullest extent possible.” Mr. Lesko praised the special agents, detectives and fire marshals of the Strategic Explosive and Arson Response Task Force for their outstanding investigative work on the case.
“The defendant’s alleged actions endangered the lives of numerous individuals, from the congregants and students at the synagogue and yeshiva, to the first responders who arrived to extinguish the flames, to the neighboring members of the community,” stated ATF Special Agent-in-Charge DeVito. “The members of ATF’s Arson and Explosives Task Force, in partnership with NYPD’s Hate Crime Unit, worked diligently to quickly identify the defendant and bring him to justice. I thank them for their efforts, as well as those of the U.S. Attorney’s Office, in sending a clear message that crimes such as this will not be tolerated.”
“Ali Alaheri, as alleged in today’s federal complaint, set fire to a school and religious institution and threatened public safety for all. I commend our NYPD investigators, our government partners and the prosecutors in the United States Attorney’s Office for the Eastern District of New York for their work in bringing swift justice in this case,” stated NYPD Commissioner Shea.
“Arson is a callous and senseless crime that endangers the lives of innocent residents and our firefighters who bravely respond to protect life and property,” stated FDNY Commissioner Nigro. “I commend our Fire Marshals and their partners in law enforcement for their outstanding efforts to investigate this incident and apprehend the suspect.”
As set forth in the complaint and detention letter, in the pre-dawn hours of May 19, 2021, Alaheri was captured on surveillance video piling garbage bags against the side of a building on 36th Street in Brooklyn that housed a yeshiva (a Jewish school) and a synagogue. Alaheri was recorded igniting the garbage bags. Firefighters responded to a fire alarm at the location and extinguished the blaze. Several hours later, Alaheri was again captured on surveillance video, this time repeatedly punching a man wearing traditional Hasidic garb. There was no interaction between Alaheri and the victim prior to the assault. When Alaheri was arrested on May 21, 2021, he appeared to be wearing the same clothing he was wearing in the video footage of the assault.
The charge in the complaint is an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Alaheri faces a mandatory minimum sentence of five years’ imprisonment, and a maximum of 20 years’ imprisonment.
The government’s case is being handled by the Office’s Civil Rights Section. Assistant United States Attorney Rachel A. Bennek is in charge of the prosecution.
The Defendant:
ALI ALAHERI
Age: 29
Brooklyn, New YorkE.D.N.Y. Docket No. 21-MJ-624
Friday 21 May 2021
Worcester Man Charged with Attempting to Fraudulently Purchase $83,000 Sports CarRead the Press Release
BOSTON – A Worcester man was arrested and charged yesterday with attempting to fraudulently purchase a Chevrolet Camaro valued at $83,000 using the bank account of an Arizona resident.
Brandon Brouillard, 27, was charged with one count of bank fraud. Brouillard was detained following an initial appearance yesterday before U.S. District Court Magistrate Judge Marianne B. Bowler.
According to the charging documents, on April 17, 2021, Brouillard arrived at a Chevrolet dealership in Norwood, Mass. to test drive a 2021 Chevrolet Camaro. After test-driving the Camaro, Brouillard allegedly agreed to purchase it for $83,000 and paid for the vehicle with a cashier’s check made out to the dealership. It is alleged that Brouillard provided his Massachusetts driver’s license, proof of insurance and signed a sales contract, Massachusetts application for registration and car title in connection with the purchase.
On April 19, 2021, Brouillard allegedly picked up the Camaro from the dealership. On April 23, 2021, the dealership learned that the account listed on the bank check provided by Brouillard was frozen. The dealership contacted Brouillard, who allegedly promised that he would wire $83,000 to pay for the car.
On April 26, 2021, an Arizona resident contacted local police and reported an attempted fraudulent wire transfer of $83,000 from the victim’s bank account. The victim reported that a fraudulent email purportedly from the victim was sent to the bank, requesting a wire transfer of $83,000 to pay for the victim’s “brother-in-law’s car.” The bank contacted the victim for verification, and the victim did not approve the transfer. It is alleged that starting in or about September 2020, the victim’s accounts were compromised, and large fraudulent purchases were made and shipped to Brouillard’s address. It is estimated that approximately $500,000 of the victim’s funds were stolen.
The charge of bank fraud provides for a sentence of up to 30 years in prison, up to three years of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement. Valuable assistance was provided by the Boston, Braintree, Moultonborough (N.H.), Natick, Newton, Norwood, Worcester and Scottsdale (Ariz.) Police Departments. Assistant U.S. Attorney John T. Mulcahy of Mendell’s Worcester Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Woman from Farmington faces federal firearm, drug-trafficking chargesRead the Press Release
ALBUQUERQUE, N.M. – Mariah Jones, 30, of Farmington, New Mexico, was arraigned on May 20 in federal court on a three-count indictment charging her with possession with intent to distribute methamphetamine, using and carrying a firearm in relation to a drug-trafficking crime and being a felon in possession of a firearm. A federal grand jury indicted Jones on April 23. Jones will remain in custody pending trial.
According to the indictment, on Feb. 24, 2020, in San Juan County, New Mexico, Jones allegedly was in possession of 50 grams or more of methamphetamine as well as a rifle. As a previously convicted felon, Jones cannot legally possess a firearm or ammunition, and it is a crime to possess a firearm in relation to or in the furtherance of drug trafficking.
An indictment is only an allegation. A defendant is considered innocent unless and until proven guilty. If convicted, Jones faces a minimum of 15 years and up to life in prison.
The FBI and the Region II Narcotics Task Force in Farmington investigated this case with assistance from the Probation and Parole Office of the New Mexico Department of Corrections. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
Wilmington Man Sentenced to Nine Years for Gun OffenseRead the Press Release
WILMINGTON, N.C. – A Wilmington man was sentenced today to 108 months in prison and three years of supervised release for being a felon in possession of a firearm. On February 18, 2021, Harold Davon Leonard pled guilty to the charges.
According to court documents and other information presented in court, Leonard, 34, was the passenger in a vehicle that was stopped on December 25, 2019. While a Wilmington Police Department officer was with the driver, a second officer saw Leonard jump into the driver seat and attempt to put the vehicle in gear. When Leonard was ordered to exit the vehicle, he tried to push the officer and flee on foot. A struggle ensued and Leonard was ultimately detained. During the struggle, a vial containing more than 13 grams of Phencyclidine (PCP) fell from Leonard’s pocket. Following his arrest, a loaded 9mm handgun that had previously been reported as stolen was found under the passenger seat. At the time of the offense, Leonard had more than 20 prior criminal convictions, including 11 prior felony convictions, and was on active parole after having been released only 10 months earlier.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by Chief U.S. District Judge Richard E. Myers II. The Wilmington office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Wilmington Police Department investigated the case and Assistant U.S. Attorney Bryan Stephany prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00095-M.
West Virginia Man Admits Participating in Fentanyl Trafficking SchemeRead the Press Release
ERIE, Pa. - A resident of Wheeling, West Virginia, pleaded guilty in federal court to a charge of violating federal drug laws, Acting United States Attorney Stephen R. Kaufman announced today.
Kadijah Rashaye Irvin, 27, pleaded guilty to one count of knowingly, intentionally and unlawfully possessing with intent to distribute 40 grams or more of a mixture and substance containing a detectable amount fentanyl, a Schedule II controlled substance before United States District Judge Susan Paradise Baxter.
In connection with the guilty plea, the court was advised that Irvin conspired with co-defendants to transport for the purpose of distribution a large quantity of fentanyl on or about May 3, 2018.
Judge Baxter scheduled sentencing for October 7, 2021 at 1:30 p.m. The law provides for a total sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Irvin on bond.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The EAGLE task force, which is comprised of members of the Federal Bureau of Investigation, the Pennsylvania Attorney General’s Office, Bureau of Narcotics Investigation and the Erie Police Department conducted the investigation that led to the prosecution of Irvin.
Weeki Wachee Repeat Offender Sentenced to 20 Years in Federal Prison for Attempting to Entice A 13-Year-Old to Engage in SexRead the Press Release
Jacksonville, Florida – U.S. District Judge Brian J. Davis has sentenced James Allen Shook (49, Weeki Wachee) to 20 years in federal prison for attempting to entice or coerce a child to engage in sexual activity. The court also ordered Shook to serve a life term of supervised release and to register as a sex offender.
Shook had pleaded guilty on February 11, 2021.
According to court documents, on January 24, 2020, Shook posted an online classified ad stating that he was seeking “young horny girls” for sex, “first timers welcome!” and “all ages welcome!” On the same day, a special agent with the Naval Criminal Investigative Service (NCIS), acting in an undercover capacity posing as a 13-year-old girl, responded to the ad. Despite learning that the “child” was 13, Shook arranged to travel to Clay County to engage in sex acts with the child. Shook also requested a nude photograph of the child and sent the child photographs of himself, including an explicit photo. Shook offered that the child could come live with him if she wanted. When Shook arrived at what he believed was the child’s home, he was arrested by Homeland Security Investigations special agents.
In an interview with agents, Shook stated that he had a sexual interest in children and that he searches the internet daily for child sexual abuse images, that it arouses him, and that he had searched for sexually explicit materials depicting children as young as 2 years old. Shook also admitted that he had displayed his penis to underage girls in person hundreds of times. Shook has nine prior felony convictions in New Jersey for lewdness, including five for lewdness involving children under 13.
This case was investigated by the Naval Criminal Investigative Service, Homeland Security Investigations, and the Clay County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
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.
Two Kentucky Real Estate Professionals Indicted for Rigging Farmland AuctionRead the Press Release
A federal grand jury in the Western District of Kentucky returned an indictment charging two Kentucky real estate professionals with conspiring to rig bids at an estate auction for farmland and timber rights.
According to the indictment, Barry Dyer and Mackie Shelton conspired with others to rig bids at a 2018 auction for hundreds of acres of farmland and a tract of timber rights. The indictment alleges that Dyer and Shelton demanded and accepted a $40,000 payoff from competing auction participants to stop bidding, artificially suppressing the sales price of the farmland.
“Collusion and bid rigging at farmland auctions undermine our nation’s vital farming industry, robbing farmers and their families of a fair price for their land and artificially suppressing farmland values relied on for financing throughout the national Farm Credit System,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “The division has a long history of ensuring the integrity of real estate auctions and will continue to prosecute those who choose to break the law and line their own pockets at the expense of others. With support from our law enforcement partners, the Antitrust Division will hold accountable anyone who conspires to deprive the American farmer of competitive pricing – whether on the crops they sell or the farmland they use to grow them.”
“The allegation contained in the indictment charges a serious violation of the law and serves notice to would be fraudsters who plan to cheat hard working Western Kentucky farmers via the auction process that they will face robust criminal investigation and swift federal prosecution,” said Acting U.S. Attorney Michael A. Bennett for the Western District of Kentucky.
“American farmers are critical to our country’s vitality, and the FBI will continue to work with our law enforcement partners to protect their right to operate in an environment that fosters fair practice and is free of corruption,” said Assistant Director Calvin Shivers of the FBI’s Criminal Investigative Division. “These charges demonstrate the FBI’s dedication to uncovering corrupt criminal activity and holding individuals like Dyer and Shelton, who allegedly attempted to cheat the system by conspiring to rig bids and profit from the hard work of others, accountable for their actions.”
Dyer and Shelton are charged with a violation of the Sherman Antitrust Act. If convicted, they face a statutory maximum penalty of 10 years in prison and a $1 million fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by victims if either amount is greater than $1 million. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Antitrust Division’s Washington Criminal I Section is prosecuting the case, which was investigated with the assistance of the FBI’s International Corruption Unit.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Thibodaux Man Pleads Guilty to Violation of Federal Gun Control ActRead the Press Release
NEW ORLEANS - U.S. Attorney Duane A. Evans for the Eastern District of Louisiana, announced that DONOVAN DIRON JOHNSON (“JOHNSON”), age 27, of Thibodaux, LA pled guilty on May 18, 2021 in federal court before U.S. District Judge Jay C. Zainey to being a person convicted of a misdemeanor crime of violence found in possession of a firearm, in violation of Title 18, United States Code, Section 922(g)(9).
According to court documents, on February 1, 2017, JOHNSON was found in possession of a Glock 22 .40 caliber pistol with an extended magazine.
The Court set sentencing in this matter for August 17, 2021. JOHNSON faces a maximum penalty of ten (10) years imprisonment, followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory $100 special assessment.
The U.S. Attorney’s Office praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Thibodaux Police Department. The prosecution of the case was handled by Assistant U.S. Attorney Kathryn McHugh.
Taunton Man Charged with Child Pornography OffenseRead the Press Release
BOSTON – A Taunton man was arrested on Wednesday, May 19, 2021 and charged with possession of child pornography.
Rudy Frabizio, 59, was charged by criminal complaint with one count of possession of child pornography. Frabizio was detained following an initial appearance yesterday in federal court in Boston. U.S. District Court Magistrate Judge Marianne B. Bowler scheduled a probable cause and detention hearing for May 25, 2021.
According to charging documents, during a search of Frabizio’s residence, agents found at least 465 images and videos depicting child pornography. It is also alleged that Frabizio uploaded images depicting child pornography via his Google account. Frabizio is a registered Level 2 sex offender due to an April 2009 conviction for possession of child pornography.
The charge of possession of child pornography provides for a sentence of up to 20 years in prison, five years and up to a lifetime of supervised release and a fine of $250,000. Due to prior his prior conviction, Frabizio faces a minimum mandatory sentence of 10 years in prison if he is convicted. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston made the announcement today. The Taunton Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The details contained in the criminal complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Tampa Credit Union Employee Sentenced for Bank Fraud and Identity TheftRead the Press Release
Tampa, FL – U.S. District Judge Steven Merryday has sentenced Diamond Hamilton (23, Tampa) to two years in federal prison for bank fraud and aggravated identity theft. Hamilton had pleaded guilty on February 17, 2021.
According to court documents, Hamilton was an employee of a federally insured credit union (Credit Union 1) in Tampa. In 2019, Hamilton and others engaged in a scheme to defraud the credit union by fraudulently obtaining money under the credit union’s control. To accomplish the scheme, Hamilton accessed bank account information of the Credit Union 1 victim account holders without the account holders’ knowledge or permission and added email addresses controlled by other conspirators in the scheme. Hamilton also added and/or changed online passwords associated with the victims’ accounts, then caused funds to be transferred from the victim account holders’ bank accounts to accounts controlled by her and other co-conspirators. Afterwards, the funds were subsequently withdrawn and shared amongst the conspirators.
This case was investigated by the Federal Housing Finance Agency – Office of Inspector General, the Federal Bureau of Investigation, and the Hillsborough County Sheriff’s Office. It was prosecuted by Special Assistant United States Attorney Chris Poor.
Syracuse Man Pleads Guilty to Drug, Money Laundering and Firearms ChargesRead the Press Release
SYRACUSE, NEW YORK – John Wright, age 33, of Syracuse, pled guilty yesterday to conspiracy to distribute, and possess with intent to distribute marijuana, as well as conspiracy to commit money laundering of drug proceeds, possession of marijuana with the intent to distribute, possession of firearms by a convicted felon, and possessing firearms in connection with a drug trafficking crime, announced Acting United States Attorney Antoinette T. Bacon, Kevin Kelly, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), and Gregory S. Oakes, Oswego County District Attorney.
As part of his guilty plea, Wright admitted that between May 2017 and August 2017, he received bulk quantities of marijuana from a source of supply who imported marijuana via the Akwesasne Mohawk Reservation in Northern New York State. Wright sold marijuana he received to customers in Syracuse, and sent the proceeds back to his source of supply. As part of his guilty plea, Wright admitted that he distributed at least 54 kilograms (118 pounds) of marijuana. Wright further admitted that he possessed a handgun and a loaded shotgun in his home to protect his drugs and the proceeds from drug sales. In 2008, Wright was convicted in Onondaga County Court of Criminal Possession of a Weapon in the Third Degree, and was prohibited from possessing firearms at the time of his commission of his federal crimes.
Sentencing is scheduled for September 23, 2021, in Binghamton, New York, at which time Wright faces a maximum sentence of up to 20 years imprisonment for his conviction for conspiracy to possess with intent to distribute and distribution of marijuana, a fine of up to $1,000,000, and a term of supervised release of at least 3 years and up to life. He also faces up to 20 years imprisonment for conspiracy to commit money laundering of drug proceeds. Wright faces a mandatory consecutive sentence of five years, and up to life for his conviction for possession of firearms in connection with a drug trafficking crime. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by Homeland Security Investigations (HSI), the U.S. Internal Revenue Service-Criminal Investigation (IRS-CI), and the Oswego County Drug Task Force, comprised of Special Agents of HSI, members of the City of Oswego Police Department, the Oswego County Sheriff’s Office, Investigators from the Oswego County District Attorney’s Office, the SUNY Oswego Police Department, and Agents of the U.S. Border Patrol. The case is being prosecuted by Assistant United States Attorney Thomas Sutcliffe.
Surgeon Sentenced to 15 Months in Prison for Accepting Illicit Payments in Exchange for Referring Patients for Spinal SurgeriesRead the Press Release
SANTA ANA, California – An orthopedic surgeon was sentenced today to 15 months in federal prison for accepting nearly $623,000 in bribes and kickbacks in exchange for referring his patients to receive spinal surgeries at a corrupt Long Beach hospital.
Dr. Jeffrey David Gross, 55, who resides in Dana Point and Las Vegas, was sentenced by United States District Judge Josephine L. Staton, who also ordered him to forfeit $622,936. Gross pleaded guilty in August 2020 to one felony count of conspiracy to commit honest services mail and wire fraud.
The kickback scheme centered on Pacific Hospital in Long Beach, which specialized in surgeries, especially spinal and orthopedic procedures. The owner of Pacific Hospital, Michael D. Drobot, conspired with doctors, chiropractors and marketers to pay kickbacks in return for the referral of thousands of patients to Pacific Hospital for spinal surgeries and other medical services paid for primarily through the California workers’ compensation system.
During its final five years, the scheme resulted in the submission of more than $500 million in fraudulent medical bills. To date, 15 defendants have been convicted for participating in the kickback scheme.
From 2008 to 2013, Gross, a licensed neurosurgeon who operated Oasis Medical Providers Inc. in Laguna Niguel, agreed with Drobot to participate in a scheme to defraud patients of their right to honest services by accepting bribes and kickbacks that were paid to induce Gross to refer patients to Pacific Hospital for spinal surgeries and other medical services.
In February 2008, Gross agreed with Drobot to sublease Oasis’s medical office space to a Pacific Hospital-affiliated company, Pacific Specialty Physician Management Inc. (PSPM), in return for monthly payments of $15,000. In November 2008, Gross entered into an option contract with PSPM in which Oasis was paid $15,000 per month to purchase the accounts receivable and all other tangible assets of Oasis.
For both the sublease and option agreements, Gross knew and understood that one purpose of the agreements was to induce him to bring certain spinal surgery patients to Pacific Hospital, though that information wasn’t specified on the lease agreement, nor did Gross disclose that information to his patients.
PSPM paid Oasis $145,000 under the sublease agreement and $105,000 under the option agreement.
In April 2009, Gross entered into an outsourced collections agreement with Pacific Hospital that called for him to assist with collections on some of the spinal surgery cases that he performed at that hospital in exchange for 15 percent of any amounts the hospital collected in relation to those surgeries. This agreement, later amended, called for Gross to be paid 10 percent of the collected amount on other outpatient surgeries. During surgeries, if Gross used hardware from International Implants (I2), a Drobot-formed hardware distribution company, he was advanced $5,000 regardless of subsequent collections. Once again, Gross did not disclose this information to his patients. Pacific Hospital paid Oasis $372,936 under this agreement.
In total, between April 2008 and May 2013, Drobot paid Gross $622,936 pursuant to these agreements. During the same period, Gross referred dozens of patients to Pacific Hospital for spinal surgeries based in part on payments made to him under those agreements.
The FBI, IRS Criminal Investigation, California Department of Insurance, and the United States Postal Service Office of Inspector General investigated this matter.
Assistant United States Attorneys Joseph T. McNally of the Violent and Organized Crime Section and Scott D. Tenley of the Santa Ana Branch Office prosecuted this case.
Six Arrested and Indicted in Juneau Drug Ring BustRead the Press Release
JUNEAU – Six individuals from Juneau, Alaska, have been arrested and charged in connection to a drug trafficking ring which conspired to distribute methamphetamine, heroin and cocaine between July 2017 and May 2021. They are also charged with firearm offenses in connection with drug trafficking.
Those charged are:
- David Powers, 50;
- Janel Davis aka “Janel Ellis,” 48;
- Keoni Bischoff, 41;
- Catherine Demars aka “Catherine McCoy,” 50;
- Eliza Nicole Coyle, 35; and
- Lorvin Baraoidan Uddipa, 33.
According to court documents, over the last four years, Powers and Davis obtained drugs in Washington and distributed them across southeast Alaska using cell phones to connect with buyers. Bischoff, Demars, Coyle and Uddipa were members of the drug ring who assisted Powers and Davis in obtaining and distributing the controlled substances. The group also acquired a variety of firearms, including seven pistols, seven rifles and a shotgun many of which had silencers. Investigators also found a suspected selector switch which could potentially be used to convert a handgun into a machine gun. Other items found included numerous rounds of ammunition, additional silencer parts, laser sights and various firearm parts and accessories.
If convicted, the individuals face a maximum sentence of lifetime in prison, up to a lifetime of supervised release and a fine of up to $10 million. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The Federal Bureau of Investigation (FBI), the Juneau Police Department (JPD), Alaska State Troopers (AST), Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), United States Coast Guard Investigative Service (USCGIS) and United States Postal Inspector Service (USPIS) are members of the South East Alaska Cities Against Drugs (SEACAD) Taskforce and are investigating the case.
Assistant U.S. Attorneys Jack Schmidt and Christopher Schroeder are prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Second Man Sentenced to Prison in Traveling Bank FraudRead the Press Release
BENTON, Ill. – Johnny J. Collado, 30, of Bronx, New York, was sentenced today to 28 months in
federal prison and 2 years of court supervision after his release. In January, Collado pled guilty
to conspiracy to commit bank fraud and aggravated identity theft. His co-defendant, Elvin
Lugo-Cales, was sentenced to 51 months in prison on May 6.On March 2, 2020, Collado and Lugo-Cales flew from New York to St. Louis for the sole purpose of
defrauding banks using stolen identities. They were paid members of a criminal organization based
in New York. Collado was the driver and coordinated the scheme through text messages with a
co-conspirator in New York. Lugo- Cales was known in the scheme as a “soldier” – a person willing
to travel to a new city, walk into banks, and conduct fraudulent transactions face-to-face with
bank tellers using fake IDs and counterfeit checks.On March 5, 2020, Collado drove Lugo-Cales in a rental car to a US Bank location in Edwardsville,
Illinois. Lugo-Cales went inside the bank while Collado waited in the car. Lugo-Cales walked up to
a bank teller and presented a counterfeit check in the amount of $3,650.00 made payable
to an identity theft victim from Colorado. The check had a forged endorsement and the victim’s
social security number written on the back. Lugo-Cales also presented a false U.S. passport card
bearing Lugo-Cales’ photograph and the name of the victim. He then asked the bank teller to cash
the check.The bank teller recalled an internal e-mail she had received warning branches about a man traveling
around the St. Louis area attempting to cash counterfeit checks. Seeing that Lugo-Cales fit the
description of the suspect, she notified her bank manager and stalled the transaction while the
bank manager called the police.Lugo-Cales grew nervous and demanded the bank teller return his check and passport card. When the
teller refused, he left the bank and drove away with Collado, leaving behind the counterfeit check
and passport card with his picture on it. The two men were pulled over and arrested nearby.Police found numerous items concealed under Collado’s clothing, including over $25,000 in cash,
multiple counterfeit IDs, counterfeit credit cards, and 19 blank counterfeit checks. A subsequent
search of Collado’s cell phone revealed that he had traveled to at least two other cities to
conduct the same scam with the names and banking information of at least 45 identity theft victims.During the sentencing hearing, United States District Judge Staci M. Yandle remarked that “identity
theft is a big problem that has severe and lasting consequences” for victims.The investigation was conducted by the Edwardsville Police Department and United States Secret
Service. The case is being prosecuted by Assistant United States Attorney Luke J. Weissler.Scranton Man Sentenced to More Than 11 Years’ Imprisonment for Receiving and Distributing Child PornographyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shawn Howells, age 48, of Scranton, was sentenced to 135 months’ imprisonment to be followed by 10 years on supervised release on May 20, 2021, by U.S. District Court Judge Robert D. Mariani for receiving and distributing child pornography.
According to Acting United States Attorney Bruce D. Brandler, Howells previously pleaded guilty to using his laptop computer to access images and videos of child pornography and traded them with others on the internet. Howells committed the offense between November 2016 and January 2017.
Judge Mariani deferred for 90 days a determination as to the amount of restitution Howells owes to the victims depicted in the images and videos of child pornography that he received and distributed. Howells was also ordered to undergo sex offender treatment and to comply with the Sex Offender Registration and Notification Act.
The matter was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Schuylkill County Man Sentenced to 51 Months’ Imprisonment for His Involvement in A Conspiracy to Distribute FentanylRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Sean Scott, 43, of Schuylkill County, was sentenced to 51 months’ imprisonment to be followed by four years on supervised release on May 20, 2021 by U.S. District Court Judge Malachy E. Mannion for conspiring to possess and distribute fentanyl.
According to Acting United States Attorney Bruce D. Brandler, Scott previously pleaded guilty to conspiring to possess and distribute at least 280 grams but less than 400 grams of fentanyl throughout Luzerne and Schuylkill Counties. Scott’s involvement in the charged conspiracy began in May of 2017 through November 2017.
The matter was investigated jointly by the Drug Enforcement Administration and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin and fentanyl. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
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Schaller Man Sentenced to Five Years in Federal Prison for COVID-19 Unemployment Benefits FraudRead the Press Release
A man who received and transferred over $35,000 in fraudulently obtained CARES Act unemployment funds from multiple states was sentenced on May 20, 2021, to five years in federal prison. Alvin Lavon Rex, age 61, from Schaller, Iowa, received the prison term after a December 18, 2020, guilty plea to one count of mail fraud.
In a plea agreement, and at his plea and sentencing hearings, Rex admitted he opened multiple bank accounts in the Storm Lake, Iowa, area in May and June 2020. Rex received over $35,000 in unemployment benefits in the names of other individuals from Arizona, Ohio, and Massachusetts. He then withdrew the benefits in cash and mailed the cash through the United States Postal Service. Rex also admitted that, in the months preceding the pandemic, he had received a false and fraudulent tax refund in the name of another person and cashed counterfeit checks at local banks. As a part of his plea agreement, Rex agreed to make full restitution to those banks.
Rex was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Rex was sentenced to 60 months’ imprisonment. He was ordered to make $63,070.03 in restitution. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
“Alvin Rex took advantage of unemployment benefits intended for those who lost their jobs because of the COVID-19 pandemic,” said Acting United States Attorney Sean R. Berry. “We will vigorously investigate and prosecute those who seek to profit from fraud involving COVID-19 benefits. Rex’s sentence reflects the seriousness of his offense and demonstrates that there will be consequences for committing fraud, including prison.”
This prosecution is an example of the Department of Justice’s strong commitment to combating fraud and criminal activity related to COVID-19. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Federal Bureau of Investigation, the United States Department of Labor, Office of Inspector General, the United States Postal Inspection Service, and the Storm Lake Police Department. The Sac County Sheriff’s Office, the State of Arizona’s UI Benefit Fraud Investigation Unit, Office of Inspector General, the State of Massachusetts’ Program Integrity Unit, Department of Unemployment Assistance, and the State of Ohio’s Benefit Payment Fraud Control Unit, Department of Job and Family Services provided assistance to the investigation.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 20-CR-4062.
Follow us on Twitter @USAO_NDIA.
SavaSeniorCare LLC Agrees to Pay $11.2 Million to Resolve False Claims Act AllegationsRead the Press Release
SavaSeniorCare LLC and related entities (Sava), based in Georgia, have agreed to pay $11.2 million, plus additional amounts if certain financial contingencies occur, to resolve allegations that Sava violated the False Claims Act by causing its skilled nursing facilities (SNFs) to bill the Medicare program for rehabilitation therapy services that were not reasonable, necessary or skilled, and to resolve allegations that Sava billed the Medicare and Medicaid programs for grossly substandard skilled nursing services. Sava currently owns and operates SNFs across the country.
“Nursing home operators will be held accountable when they engage in fraudulent schemes and put their own financial gain ahead of the needs of their vulnerable residents,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “To ensure the integrity of our public health care programs, the department will pursue operators who bill Medicare and Medicaid for unnecessary or grossly substandard services and who fail to provide adequate care.”
In 2015, the government filed a consolidated False Claims Act complaint against Sava, alleging that between October 2008 and September 2012, Sava knowingly submitted false claims for rehabilitation therapy services as a result of a systematic effort to increase its Medicare billings. The United States’ complaint alleged that, through corporate-wide policies and practices, Sava exerted significant pressure on its SNFs to meet unrealistic financial goals, resulting in the provision of medically unreasonable, unnecessary or unskilled services to Medicare patients. Sava allegedly set these aggressive, prospective corporate targets for the highest Medicare reimbursement rates without regard for its patients’ actual clinical needs and then pressured its staff to meet those targets. Sava also allegedly sought to increase its Medicare payments by delaying the discharge of patients from its facilities, even though the patients were medically ready to be discharged.
This settlement also resolves allegations that between October 2008 and September 2012, Sava knowingly submitted false claims to Medicaid for coinsurance amounts for rehabilitation therapy services for beneficiaries eligible for both Medicare and Medicaid and for whom Sava also allegedly submitted or caused the submission of false claims to Medicare for those services.
In addition, this settlement resolves allegations that between January 2008 and December 2018, Sava knowingly submitted false claims for payment to Medicare and Medicaid for grossly and materially substandard and/or worthless skilled nursing services. The government alleged that some of the nursing services provided by Sava failed to meet federal standards of care and federal statutory and regulatory requirements, including failing to have sufficient staffing in certain facilities to meet certain residents’ needs. The government also alleged that in certain skilled nursing facilities, Sava failed to follow appropriate pressure ulcer protocols and appropriate falls protocols, and failed to appropriately administer medications to some of the residents.
“When corporate greed rises to the level of defrauding federal health care programs, while subjecting one of our most vulnerable populations to grossly substandard care and unnecessary medical services, we must hold the companies accountable,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “Any fraud that undermines the care being provided to elderly nursing home residents cannot continue and will be exposed and rooted out. We are grateful to the courageous whistleblowers who reported this egregious conduct.”
“Nursing home residents should not be at the mercy of nursing home operators that put their own economic gain ahead of the needs of the residents, and we will continue to aggressively pursue those operators who bill Medicare and Medicaid for substandard care,” said Acting U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “This settlement holds Sava accountable, and the resulting Corporate Integrity Agreement should ensure that Sava provides seniors with quality care and treats its residents with dignity and respect.”
“Too many unscrupulous nursing homes operators seek maximum profit by routinely inflating bills while providing grossly substandard care,” said Special Agent in Charge Derrick L. Jackson for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Medicare and Medicaid patients deserve so much better. With our law enforcement partners, we will continue to investigate and hold accountable those who place profits over patients.”
Under the settlement with the United States, and separate settlements with participating states, Sava has agreed to pay a total of approximately $11.2 million, plus additional amounts if certain financial contingencies occur. The settlement was based on the company’s ability to pay.
In connection with the settlement, Sava entered into a five-year chain-wide Corporate Integrity Agreement (CIA) with HHS-OIG that requires an independent review organization to annually review patient stays and associated paid claims by Medicare for those stays. In addition, Sava is required to engage an Independent Monitor to review the quality of resident care. CIAs promote compliance and protect vulnerable nursing home residents.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Sava by Relators Rita Hayward, Trammel Kukoyi, Terrence Scott, James Thornton and Barbara Roberts. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Hayward v. SavaSeniorCare, LLC, et al., No. 3:11-cv-0821 (M.D. Tenn.); United States ex rel. Scott v. SavaSeniorCare Administrative Services, LLC, 3:15-cv-0404 (M.D. Tenn.); United States ex rel. Kukoyi v. Sava Senior Care, L.L.C., et al., No. 3:15-cv-1102 (M.D. Tenn.); and United States, et al. ex rel. Thornton, et al. v. SavaSeniorCare, Inc., et al., Civil Action No. 16-CV-0840 (E.D. Pa.).
The resolutions obtained in these matters were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys’ Offices for the Middle District of Tennessee and the Eastern District of Pennsylvania, with assistance from the U.S. Attorneys’ Offices for the Southern District of Texas and the Western District of Texas, as well as from HHS-OIG and the National Association of Medicaid Fraud Control Units. The quality of care investigation was supported by the Justice Department’s Elder Justice Initiative, which helps to coordinate the department’s law enforcement and programmatic efforts to combat elder abuse, neglect, and financial exploitation. Learn more about the Elder Justice Initiative and the department’s elder justice efforts at www.elderjustice.gov.
The investigation and resolution of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the U.S. Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
These matters were handled by Fraud Section attorneys Alison Rousseau, Susan Lynch, Seth Greene, Breanna Peterson, Christopher Terranova, and Laura Hill; Assistant U.S. Attorney Mark Wildasin of the Middle District of Tennessee; and Assistant U.S. Attorneys Charlene Fullmer, David Degnan, and Gerald Sullivan of the Eastern District of Pennsylvania.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
SavaSeniorCare LLC Agrees to Pay $11.2 Million to Resolve False Claims Act AllegationsRead the Press Release
WASHINGTON – SavaSeniorCare LLC and related entities (Sava), based in Georgia, have agreed to pay $11.2 million, plus additional amounts if certain financial contingencies occur, to resolve allegations that Sava violated the False Claims Act by causing its skilled nursing facilities (SNFs) to bill the Medicare program for rehabilitation therapy services that were not reasonable, necessary or skilled, and to resolve allegations that Sava billed the Medicare and Medicaid programs for grossly substandard skilled nursing services. Sava currently owns and operates SNFs across the country.
“Nursing home operators will be held accountable when they engage in fraudulent schemes and put their own financial gain ahead of the needs of their vulnerable residents,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “To ensure the integrity of our public health care programs, the department will pursue operators who bill Medicare and Medicaid for unnecessary or grossly substandard services and who fail to provide adequate care.”
In 2015, the government filed a consolidated False Claims Act complaint against Sava, alleging that between October 2008 and September 2012, Sava knowingly submitted false claims for rehabilitation therapy services as a result of a systematic effort to increase its Medicare billings. The United States’ complaint alleged that, through corporate-wide policies and practices, Sava exerted significant pressure on its SNFs to meet unrealistic financial goals, resulting in the provision of medically unreasonable, unnecessary, or unskilled services to Medicare patients. Sava allegedly set these aggressive, prospective corporate targets for the highest Medicare reimbursement rates without regard for its patients’ actual clinical needs and then pressured its staff to meet those targets. Sava also allegedly sought to increase its Medicare payments by delaying the discharge of patients from its facilities, even though the patients were medically ready to be discharged.
This settlement also resolves allegations that between October 2008 and September 2012, Sava knowingly submitted false claims to Medicaid for coinsurance amounts for rehabilitation therapy services for beneficiaries eligible for both Medicare and Medicaid and for whom Sava also allegedly submitted or caused the submission of false claims to Medicare for those services.
In addition, this settlement resolves allegations that between January 2008 and December 2018, Sava knowingly submitted false claims for payment to Medicare and Medicaid for grossly and materially substandard and/or worthless skilled nursing services. The government alleged that some of the nursing services provided by Sava failed to meet federal standards of care and federal statutory and regulatory requirements, including failing to have sufficient staffing in certain facilities to meet certain residents’ needs. The government also alleged that in certain skilled nursing facilities, Sava failed to follow appropriate pressure ulcer protocols and appropriate falls protocols, and failed to appropriately administer medications to some of the residents.
“When corporate greed rises to the level of defrauding federal health care programs, while subjecting one of our most vulnerable populations to grossly substandard care and unnecessary medical services, we must hold the companies accountable,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “Any fraud that undermines the care being provided to elderly nursing home residents cannot continue and will be exposed and rooted out. We are grateful to the courageous whistleblowers who reported this egregious conduct.”
“Nursing home residents should not be at the mercy of nursing home operators that put their own economic gain ahead of the needs of the residents, and we will continue to aggressively pursue those operators who bill Medicare and Medicaid for substandard care,” said Acting U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “This settlement holds Sava accountable, and the resulting Corporate Integrity Agreement should ensure that Sava provides seniors with quality care and treats its residents with dignity and respect.”
“Too many unscrupulous nursing homes operators seek maximum profit by routinely inflating bills while providing grossly substandard care,” said Special Agent in Charge Derrick L. Jackson for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Medicare and Medicaid patients deserve so much better. With our law enforcement partners, we will continue to investigate and hold accountable those who place profits over patients.”
Under the settlement with the United States, and separate settlements with participating states, Sava has agreed to pay a total of approximately $11.2 million, plus additional amounts if certain financial contingencies occur. The settlement was based on the company’s ability to pay.
In connection with the settlement, Sava entered into a five-year chain-wide Corporate Integrity Agreement (CIA) with HHS-OIG that requires an independent review organization to annually review patient stays and associated paid claims by Medicare for those stays. In addition, Sava is required to engage an Independent Monitor to review the quality of resident care. CIAs promote compliance and protect vulnerable nursing home residents.
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Sava by Relators Rita Hayward, Trammel Kukoyi, Terrence Scott, James Thornton, and Barbara Roberts. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Hayward v. SavaSeniorCare, LLC, et al., No. 3:11-cv-0821 (M.D. Tenn.); United States ex rel. Scott v. SavaSeniorCare Administrative Services, LLC, 3:15-cv-0404 (M.D. Tenn.); United States ex rel. Kukoyi v. Sava Senior Care, L.L.C., et al., No. 3:15-cv-1102 (M.D. Tenn.); and United States, et al. ex rel. Thornton, et al. v. SavaSeniorCare, Inc., et al., Civil Action No. 16-CV-0840 (E.D. Pa.).
The resolutions obtained in these matters were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys’ Offices for the Middle District of Tennessee and the Eastern District of Pennsylvania, with assistance from the U.S. Attorneys’ Offices for the Southern District of Texas and the Western District of Texas, as well as from HHS-OIG and the National Association of Medicaid Fraud Control Units. The quality of care investigation was supported by the Justice Department’s Elder Justice Initiative, which helps to coordinate the department’s law enforcement and programmatic efforts to combat elder abuse, neglect, and financial exploitation. Learn more about the Elder Justice Initiative and the department’s elder justice efforts at www.elderjustice.gov.
The investigation and resolution of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement, can be reported to the U.S. Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).
These matters were handled by Fraud Section attorneys Alison Rousseau, Susan Lynch, Seth Greene, Breanna Peterson, Christopher Terranova, and Laura Hill; Assistant U.S. Attorney and Civil Chief Mark Wildasin of the Middle District of Tennessee; and Assistant U.S. Attorneys Charlene Fullmer, David Degnan, and Gerald Sullivan of the Eastern District of Pennsylvania.
The claims resolved by the settlement are allegations only and there has been no determination of liability.
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Residente de California sentenciado a 121 Meses en prisión por propiciar conspiración de telemercadeo que defraudó a miles de consumidores vulnerables de EE.UU.Read the Press Release
WASHINGTON – Un hombre de California fue sentenciado a 10 años en prisión por asociarse con centros de llamadas en Perú que defraudaron a ciudadanos de habla hispana de Estados Unidos, por medio de mentiras y amenazas.
“Esta sustancial sentencia de prisión demuestra que la Rama de Protección al Consumidor del Departamento de Justicia perseguirá vigorosamente y enjuiciará a los estafadores que victimizan a otras personas por medio de esquemas de telemercadeo internacionales”, dijo Brian M. Boynton, Fiscal General Adjunto Interino, de la División Civil del Departamento de Justicia. “La Rama de Protección al Consumidor, que trabaja junto con el Servicio de Inspección Postal y nuestros socios de la Oficina del Fiscal Federal, llevará justicia a quienes amenazaron y defraudaron a los consumidores, que incluyen a inmigrantes que pueden ser vulnerables a losbesquemas que involucran amenazas a su libertad falsas y la habilidad de permanecer en los Estados Unidos”.
De acuerdo con los documentos del tribunal, Angel Armando Adrianzen, 46, se asoció con una serie de centros de llamadas peruanos que se comunicaron con consumidores estadounidenses, muchos de ellos eran personas recién inmigradas vulnerables, utilizando llamadas telefónicas basadas en internet. Quienes hicieron las llamadas decían ser abogados o representantes del gobierno y le indicaron falsamente a las víctimas que no habían recibido el pago de o la entrega de productos. Las personas que llamaron también amenazaron a las víctimas con procesos judiciales, calificaciones negativas en sus reportes de crédito, encarcelamiento o consecuencias de inmigración falsos si no pagaban de inmediato los productos que supuestamente entregaron o los honorarios de liquidación. Muchas víctimas hicieron pagos basados en estas amenazas infundadas. Adrianzen recibió los pagos de las víctimas y envió productos a las víctimas de estos centros de llamadas, a sabiendas que los centros de llamadas utilizaron medios engañosos y excesivos para extraer dinero de las víctimas vulnerables. A Adrianzen se le declaró culpable y fue sentenciado por dos cargos de posesión de pornografía infantil, que encontraron en su computadora portátil y en su teléfono celular cuando se ejecutaron las órdenes de registro en esos dispositivos.
Como parte de su admisión de culpabilidad, Adrianzen admitió que desde abril de 2011 hasta al menos septiembre de 2019, era el dueño y operador del Centro de Aprendizaje AAD (AAD). Adrianzen operaba y supervisaba AAD en California y trabajaba en asociación con los centros de llamadas en Perú para contactar a consumidores de habla hispana en Estados Unidos, incluyendo el Distrito Sur de Florida. En ADD, Adrianzen participaba en un esquema de telemercadeo fraudulento que ofrecía varios productos para consumidores de habla hispana en para obtener pagos de víctimas vulnerables.
“La sentencia de hoy no solo sirve como castigo para el acusado, pero como aviso a otras personas que podrían aprovechar de víctimas vulnerables¨, dijo el Fiscal Federal Interino, Juan Antonio González, del Distrito Sur de Florida. “El Departamento de Justicia y sus socios investigarán energéticamente dicha actividad criminal. Los encontraremos y nos aseguraremos que se hacen responsables de sus crímenes”.
“En este esquema internacional de telemercadeo, se usaron tácticas de intimidación engañosas para amenazar a miles de consumidores de Estados Unidos, para que compraran productos que no se entregaron, al afirmar falsamente que usarían el sistema legal americano en su contra y al coaccionarles con millones de dólares”, declaró el Inspector Responsable, Joseph Cronin, del Servicio de Inspección Postal de EE.UU., División de Miami. “Esperamos que la sentencia de hoy brinde alivio a los residentes e inmigrantes de Estados Unidos que fueron víctimas de este esquema transnacional fraudulento. El Servicio de Inspección Postal, junto con la rama de Protección al Consumidor del Departamento de Justicia y la Oficina del Fiscal de EE.UU., están comprometidos a hacer responsables a las personas que usan el correo de EE.UU. para defraudar a consumidores”.
Al declararse culpable, Adrianzen admitió que ayudaba a sus co-conspiradores en Perú a establecer y a contratar personal para los centros de llamadas que contactaban a las víctimas en Estados Unidos y, a veces, le proporcionaba listas de consumidores a contactar a los centros de llamadas y les daba guiones para usarlos en las llamadas. Los guiones incorporaban varias declaraciones falsas, incluyendo dirigir a las personas que realizaban la llamada a afirmar falsamente que eran abogados del Departamento de Educación de EE.UU. En otros guiones, las personas que llamaban afirmaban falsamente que estaban asociados con los canales de televisión, estaciones de radio o empresas de pasta de dientes de habla hispana.
Adrianzen admitió además que sus co-conspiradores afirmaban falsamente que eran abogados, algunas veces llamaban del “departamento legal” de una compañía o de un supuesto “tribunal de delitos menores”. Los co-conspiradores de Adrianzen amenazaban falsamente a las víctimas de deportarlas, arrestarlas o acusarlas de crímenes y de poner calificaciones negativas en sus reportes de crédito si no pagaban cientos de dólares en honorarios exigidos. Por último, Adrianzen proceso más de $3,500,000 en pagos como parte de este esquema.
El Juez de Distrito de EE.UU., Robert N. Scola Jr., sentenció a Adrianzen a una condena de 121 meses en prisión, seguida de quince años de liberación supervisada. También se le ordenó que restituyera el pago a las víctimas de sus ofensas. El 16 de septiembre de 2010 arrestaron a Adrianzen y ha permanecido encarcelado. El 21 de noviembre de 2019, se declaró culpable de conspiración de uso fraudulento del correo y giros bancarios.
La División de Miami del Servicio de Inspección Postal de EE.UU. y la Rama de Protección al Consumidor del Departamento de Justicia investigaron el caso.
Los abogados litigantes Phil Toomajian y Joshua Rothman de la Rama de Protección al Consumidor procesaron el caso. La Fiscal Federal Auxiliar, Bertila Fernandez, del Distrito Sur de Florida asistió con el proceso de los cargos de pornografía infantil.
Para más información sobre la Rama de Protección al Consumidor, visite su página web en www.justice.gov/civil/consumer-protection-branch.
Residente de California Sentenciado a 121 Meses en Prisión por Propiciar Conspiración de Telemercadeo que Defraudó a Miles de Consumidores Vulnerables de EE.UU.Read the Press Release
Miami, Florida -- Un hombre de California fue sentenciado a 10 años en prisión por asociarse con centros de llamadas en Perú que defraudaron a ciudadanos de habla hispana de Estados Unidos, por medio de mentiras y amenazas.
De acuerdo con los documentos del tribunal, Angel Armando Adrianzen, 46, se asoció con una serie de centros de llamadas peruanos que se comunicaron con consumidores estadounidenses, muchos de ellos eran personas recién inmigradas vulnerables, utilizando llamadas telefónicas basadas en internet. Quienes hicieron las llamadas decían ser abogados o representantes del gobierno y le indicaron falsamente a las víctimas que no habían recibido el pago de o la entrega de productos. Las personas que llamaron también amenazaron a las víctimas con procesos judiciales, calificaciones negativas en sus reportes de crédito, encarcelamiento o consecuencias de inmigración falsos si no pagaban de inmediato los productos que supuestamente entregaron o los honorarios de liquidación. Muchas víctimas hicieron pagos basados en estas amenazas infundadas. Adrianzen recibió los pagos de las víctimas y envió productos a las víctimas de estos centros de llamadas, a sabiendas que los centros de llamadas utilizaron medios engañosos y excesivos para extraer dinero de las víctimas vulnerables. A Adrianzen se le declaró culpable y fue sentenciado por dos cargos de posesión de pornografía infantil, que encontraron en su computadora portátil y en su teléfono celular cuando se ejecutaron las órdenes de registro en esos dispositivos.
Como parte de su admisión de culpabilidad, Adrianzen admitió que desde abril de 2011 hasta al menos septiembre de 2019, era el dueño y operador del Centro de Aprendizaje AAD (AAD). Adrianzen operaba y supervisaba AAD en California y trabajaba en asociación con los centros de llamadas en Perú para contactar a consumidores de habla hispana en Estados Unidos, incluyendo el Distrito Sur de Florida. En ADD, Adrianzen participaba en un esquema de telemercadeo fraudulento que ofrecía varios productos para consumidores de habla hispana en para obtener pagos de víctimas vulnerables.
“La sentencia de hoy no solo sirve como castigo para el acusado, pero como aviso a otras personas que podrían aprovechar de víctimas vulnerables¨, dijo el Fiscal Federal Interino, Juan Antonio González, del Distrito Sur de Florida. “El Departamento de Justicia y sus socios investigarán energéticamente dicha actividad criminal. Los encontraremos y nos aseguraremos que se hacen responsables de sus crímenes.”
“Esta sustancial sentencia de prisión demuestra que la Rama de Protección al Consumidor del Departamento de Justicia perseguirá vigorosamente y enjuiciará a los estafadores que victimizan a otras personas por medio de esquemas de telemercadeo internacionales”, dijo Brian M. Boynton, Fiscal General Adjunto Interino, de la División Civil del Departamento de Justicia. “La Rama de Protección al Consumidor, que trabaja junto con el Servicio de Inspección Postal y nuestros socios de la Oficina del Fiscal Federal, llevará justicia a quienes amenazaron y defraudaron a los consumidores, que incluyen a inmigrantes que pueden ser vulnerables a losbesquemas que involucran amenazas a su libertad falsas y la habilidad de permanecer en los Estados Unidos”..
“En este esquema internacional de telemercadeo, se usaron tácticas de intimidación engañosas para amenazar a miles de consumidores de Estados Unidos, para que compraran productos que no se entregaron, al afirmar falsamente que usarían el sistema legal americano en su contra y al coaccionarles con millones de dólares”, declaró el Inspector Responsable, Joseph Cronin, del Servicio de Inspección Postal de EE.UU., División de Miami. “Esperamos que la sentencia de hoy brinde alivio a los residentes e inmigrantes de Estados Unidos que fueron víctimas de este esquema transnacional fraudulento. El Servicio de Inspección Postal, junto con la rama de Protección al Consumidor del Departamento de Justicia y la Oficina del Fiscal de EE.UU., están comprometidos a hacer responsables a las personas que usan el correo de EE.UU. para defraudar a consumidores”.
Al declararse culpable, Adrianzen admitió que ayudaba a sus co-conspiradores en Perú a establecer y a contratar personal para los centros de llamadas que contactaban a las víctimas en Estados Unidos y, a veces, le proporcionaba listas de consumidores a contactar a los centros de llamadas y les daba guiones para usarlos en las llamadas. Los guiones incorporaban varias declaraciones falsas, incluyendo dirigir a las personas que realizaban la llamada a afirmar falsamente que eran abogados del Departamento de Educación de EE.UU. En otros guiones, las personas que llamaban afirmaban falsamente que estaban asociados con los canales de televisión, estaciones de radio o empresas de pasta de dientes de habla hispana.
Adrianzen admitió además que sus co-conspiradores afirmaban falsamente que eran abogados, algunas veces llamaban del “departamento legal” de una compañía o de un supuesto “tribunal de delitos menores”. Los co-conspiradores de Adrianzen amenazaban falsamente a las víctimas de deportarlas, arrestarlas o acusarlas de crímenes y de poner calificaciones negativas en sus reportes de crédito si no pagaban cientos de dólares en honorarios exigidos. Por último, Adrianzen proceso más de $3,500,000 en pagos como parte de este esquema.
El Juez de Distrito de EE.UU., Robert N. Scola Jr., sentenció a Adrianzen a una condena de 121 meses en prisión, seguida de quince años de liberación supervisada. También se le ordenó que restituyera el pago a las víctimas de sus ofensas. El 16 de septiembre de 2010 arrestaron a Adrianzen y ha permanecido encarcelado. El 21 de noviembre de 2019, se declaró culpable de conspiración de uso fraudulento del correo y giros bancarios.
La División de Miami del Servicio de Inspección Postal de EE.UU. y la Rama de Protección al Consumidor del Departamento de Justicia investigaron el caso.
Los abogados litigantes Phil Toomajian y Joshua Rothman de la Rama de Protección al Consumidor procesaron el caso. La Fiscal Federal Auxiliar, Bertila Fernandez, del Distrito Sur de Florida asistió con el proceso de los cargos de pornografía infantil.
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Quitman Man Sentenced to 16 Years in Prison for Armed Robbery of Choctaw CasinoRead the Press Release
Hattiesburg, Miss. – A Quitman man was sentenced today to 192 months in federal prison for the armed robbery of a Choctaw casino, announced Acting U.S. Attorney Darren J. LaMarca of the Southern District of Mississippi and Michelle Sutphin, Special Agent in Charge of the Federal Bureau of Investigation in Mississippi.
On July 9, 2020, William Christopher Belk, 33, of Quitman entered the Bok Homa Casino located on the Choctaw Indian Reservation near Sandersville, Mississippi, armed with a handgun. Once inside, Belk pointed the handgun at a casino security officer, took several items of property from the casino officer, then fled the scene in a resort vehicle. Shortly after leaving the casino property, a Sandersville Police officer spotted the casino vehicle and attempted to arrest Belk. Belk fired upon and injured the officer, then drove away toward Laurel, Mississippi. Laurel police officers eventually spotted the vehicle and were able to arrest Belk on state charges including assault on a police officer.
In August 2020, a federal grand jury indicted Belk, charging him with robbery, use of a firearm during a crime of violence and theft from an Indian gaming establishment. In February 2021, Belk pled guilty to robbery and the use of a firearm during a crime of violence.
Acting U.S. Attorney LaMarca commended the work of the Choctaw Police Department of the Mississippi Band of Choctaw Indians, and the Federal Bureau of Investigation who investigated the case. The case was prosecuted by Assistant United States Attorney Kevin J. Payne.
Queens Man Charged with Eight Robberies of Grocery Stores and Other BusinessesRead the Press Release
A complaint was unsealed today in federal court in Brooklyn charging Manuel Guzman Breton with eight counts of Hobbs Act robbery in connection with the robberies of eight grocery stores, laundromats, and other businesses during the month of April 2021. An employee was injured during one of the robberies.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, John B. DeVito, Special Agent-in-Charge, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Dermot F. Shea, Commissioner, New York City Police Department (NYPD), announced the arrest and charges.
“As alleged, Guzman Breton embarked on a one-man crime spree to rob and terrorize hard-working store clerks and employees while armed with a knife or a boxcutter,” stated Acting U.S. Attorney Lesko. “This Office and our partners at the ATF and the NYPD relentlessly pursued this serial armed robber and, by bringing him to justice, stopped him from inflicting further harm on businesses in our communities.” Mr. Lesko expressed his appreciation to the NYPD detectives and ATF special agents assigned to the ATF/NYPD Robbery Task Force for their investigative work.
“ATF is committed to the investigation and prosecution of violent and dangerous offenders in order to make our communities safer,” stated ATF Special Agent-in-Charge DeVito. “The defendant’s alleged violent crime spree has been stopped as a result of that commitment. We thank the NYPD and the U.S. Attorney’s Office for their continued partnership and their dedication to the safety of New York City’s residents and businesses.”
As set forth in the complaint and as captured on video surveillance, between April 7, 2021 and April 27, 2021, Guzman Breton, wearing a hooded sweatshirt, committed a spree of robberies in which he entered each store, threatened employees with a knife or boxcutter, and stole thousands of dollars from his victims. An employee of a laundromat suffered cuts on the hand trying to wrest a knife away from the defendant during one of the robberies.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Guzman Breton faces up to 20 years in prison.
The complaint charges Guzman Breton with the following robberies, all in Queens:
- Grocery store on Corona Avenue in Corona on April 7, 2021.
- Grocery store on 74th Street in Jackson Heights on April 10, 2021.
- Grocery store on Astoria Boulevard in East Elmhurst on April 12, 2021.
- Grocery store on Roosevelt Avenue in Woodside on April 16, 2021.
- Grocery store on Hampton Street in Elmhurst on April 19, 2021.
- Laundromat on 81st Street in Jackson Heights on April 25, 2021.
- Laundromat on Elmhurst Avenue in Elmhurst on April 26, 2021.
- Clothing store on 37th Avenue in Jackson Heights on April 27, 2021.
The government’s case is being handled by the Office’s General Crimes Section. Assistant United States Attorney Ellen H. Sise is in charge of the prosecution.
The Defendant:
MANUEL GUZMAN BRETON
Age: 31
Queens, New YorkE.D.N.Y. Docket No. 21-MJ-603
Previously convicted felon charged in federal court for firearms possessionRead the Press Release
ALBUQUERQUE, N.M. – Richard Kuykendall, 41, of Albuquerque, was charged in federal court on May 20 with being a felon in possession of a firearm and ammunition. Kuykendall will remain detained pending trial.
As alleged in a criminal complaint and other court records, on May 12 in an alley in northeast Albuquerque, Kuykendall was attempting to enter the back seat of a car through the rear passenger-side door when someone inside the vehicle shot at him. Kuykendall allegedly maneuvered around the car and entered the vehicle through the rear driver-side door, then got back out of the vehicle with an object in his hand and walked to a nearby dumpster where he lingered a few moments.
Kuykendall allegedly returned to the vehicle and entered into the driver’s seat. He then allegedly drove the car to a hospital a few miles away. Kuykendall allegedly fled the scene, leaving three dead individuals inside the vehicle.
Albuquerque police searched the dumpster to which Kuykendall allegedly had walked with an object in hand. Police located a handgun inside the dumpster, as well as two more firearms inside the vehicle Kuykendall allegedly drove to the hospital. As a previously convicted felon, Kuykendall cannot legally possess a firearm or ammunition.
A complaint is only an allegation. A defendant is presumed innocent unless and until proven guilty. If convicted, Kuykendall faces up to 10 years in prison.
The FBI investigated this case with assistance from the Albuquerque Police Department. Assistant U.S. Attorney Jaymie L. Roybal is prosecuting the case.
Ponzi Scheme Operator Sentenced, Ordered to Pay $13M in RestitutionRead the Press Release
A McKinney man who ran a Ponzi scheme has been sentenced to five years in federal prison and ordered to pay $13 million in restitution to his victims, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Patrick O. Howard – owner of Insured Liquidity Partners CGF I, Insured Liquidity Partners CGF II, and Capital Ventures, LLC – pleaded guilty to securities fraud in November 2020. He was sentenced Thursday by U.S. District Judge Jane J. Boyle and taken into custody immediately after the hearing.
In plea papers, Mr. Howard, 49, admitted to running a Ponzi-type scheme, recruiting more than 100 investors to purchase $13 million in membership units for $50,000 apiece.
His companies promised investors 12% annual returns, paid quarterly, and “insured liquidity.”
However, instead of properly investing the money, the companies issued phony account statements and paid any investors who elected to receive their earnings quarterly out of the investments of later investors, rather than out of the earnings of the fund.
Mr. Howard falsely represented himself as a registered investment advisor and claimed his companies saw 20% annual earnings. Promising that investors could not possibly lose money due to insurance that offset poor performance, the defendant induced at least one investor to turn over his entire retirement savings to the fund.
Two victims testified at his sentencing hearing, including one who told the judge she lost her daughter’s college savings after investing with Mr. Howard.
The Federal Bureau of Investigation’s Dallas Field Office and the U.S. Postal Inspection Service conducted the investigation, with a parallel investigation conducted by the U.S. Securities & Exchange Commission. Assistant U.S. Attorney Andrew Wirmani prosecuted the criminal case.