Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Monday 17 May 2021
U.S. Attorney’s Office and HHS-OIG Advise COVID-19 Vaccine Providers Not to Charge Individuals Seeking COVID-19 VaccinesRead the Press Release
SACRAMENTO, Calif. — SACRAMENTO, Calif. — Acting U.S. Attorney Phillip A. Talbert joins the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG), and the California Department of Justice today to advise the public that they should not be asked to pay to receive the COVID-19 vaccine and warned COVID-19 vaccination providers not to seek payment from individual COVID-19 vaccine recipients.
COVID-19 vaccination providers participating in the U.S. Centers for Disease Control and Prevention (CDC) COVID-19 Vaccination Program are required to sign an agreement to receive and dispense vaccines. Among requirements in the agreement, providers must administer the vaccine regardless of the recipient’s ability to pay. While providers may seek appropriate reimbursement from a public or private program or plan that covers COVID-19 vaccine administration fees, providers may not seek any reimbursement from the vaccine recipient.
Noncompliance with the terms of the Provider Agreement, such as by billing vaccine recipients for the COVID-19 vaccine or denying an individual a vaccination because they are unable to pay any out-of-pocket fees, may result in the provider’s suspension or termination from the CDC COVID-19 Vaccination Program and potential criminal and civil penalties.
“Charging people to get the COVID-19 vaccine or denying people from getting the vaccine if they cannot pay is a risk to public health and safety, and disproportionately impacts at-risk communities and communities of limited means,” said Acting U.S. Attorney Talbert. “This violation of the terms and conditions of CDC’s vaccination program is also a potential violation of the civil False Claims Act and other civil and criminal statutes. Our office has sent multiple cease and desist letters to vaccine providers that they must immediately stop this practice. All vaccine providers must comply with the agreement, and I urge members of the public to report those providers who do not.”
“Providers participating in the CDC’s Vaccination Program must administer the COVID-19 vaccine at no cost to recipients. In addition, providers may not charge for office visits or require additional medical services to receive the vaccine,” said HHS-OIG Special Agent in Charge Steven J. Ryan. “While the nation continues to address the ongoing pandemic, it is imperative that providers adhere to the terms of the program so as to not dissuade individuals from obtaining the COVID-19 vaccine.”
“COVID-19 has taken a toll on every aspect of our lives, but we are finally turning a corner and must continue working together to get California back on track,” said California Attorney General Rob Bonta. “Vaccines are a key component of that plan. Unfortunately, some vaccine providers are choosing to charge for something that should be free to everyone in our community. Charging for a COVID-19 vaccination creates a barrier to low-income families, including communities who have been disproportionately impacted by the pandemic. Let me be clear: COVID-19 vaccines are available at no charge to all who qualify.”
If you know or suspect that any healthcare provider or pharmacy is improperly charging for the COVID-19 vaccine, please report to 1-800-MEDICARE (1-800-633-4227) or www.Medicare.Gov/Medicarecomplaintform
Two Defendants Alleged to have Shot a Man during an Attempted Carjacking Charged in Federal CourtRead the Press Release
Two men allegedly involved in an attempted carjacking that led to the shooting of the driver made initial appearances today in federal court, announced Acting U.S. Attorney Clint Johnson.
Hunter Isaiah Hobbs, 20, of Bixby, and Denim Lee Blount, 18, of Tulsa, were both charged by criminal complaint with attempted carjacking and carrying, using, brandishing, and discharging a firearm during and in relation to a crime of violence. U.S. Magistrate Judge Jodi F. Jayne set Hobbs’ detention hearing for Friday, May 21, at 11 am. Blount’s initial appearance will continue on Tuesday, May 18, at 2 pm.
“Hobbs and Blount are charged with attempting to carjack the victim, and when he refused to hand over his vehicle, they allegedly opened fire on him. Thankfully the victim survived and is recovering from his injuries,” said Acting U.S. Attorney Clint Johnson. “I appreciate the joint work of Assistant U.S. Attorney Leah Paisner, the FBI, Tulsa Police Department and U.S. Marshals Service which led to the apprehension and charging of these two defendants.”
On May 8, 2021, at 10:29 pm, two men later identified as Hobbs and Blount approached the victim who was attempting to hook up his vehicle and trailer. The victim stated that one of the defendants pointed a shotgun at him and the other pointed a rifle at him. According to court documents, the two ordered the victim to get out of his vehicle, and when the victim refused, both men shot him. The two then fled west in a dark colored SUV, leaving the victim and his vehicle behind. An investigator with the Tulsa Police Department estimated that the victim had been shot approximately 10 times.
The victim was transported to St. Francis Hospital for non-life threatening injuries. Surveillance cameras from a nearby apartment complex captured the alleged incident.
The FBI, Tulsa Police Department, and U.S. Marshals Service are the investigative agencies. Assistant U.S. Attorneys Christopher Nassar and Leah Paisner are prosecuting the case.
This case is being prosecuted as part of the 2150 Initiative. The initiative focuses law enforcement efforts on criminals who use guns during crimes, individuals who lie on firearms transaction forms, and straw purchasers who acquire firearms for prohibited persons. It was named in memory of Tulsa Police Sergeant Craig Johnson. Sgt. Johnson’s badge number, 2150, was selected for the initiative as a way to honor his life and his commitment to the Tulsa community. This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws.
**This press release has been correct to show the correct date/year of the crime, May 8, 2021.
Three Correctional Officers Indicted and Arrested for Introducing Contraband into State PrisonRead the Press Release
SAN JUAN, Puerto Rico – On May 12, 2021, a federal grand jury returned a four-count indictment charging three Puerto Rico Department of Corrections officers and two other individuals with conspiracy to provide contraband in prison, announced W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. The case was investigated by the FBI Police Corruption/Civil Rights squad that investigates corrupt domestic public officials as a part of a collaborative effort with the Puerto Rico Department of Corrections.
The indictment charges that from approximately June 2017 to March 2020, Puerto Rico correctional officers Jorge Rodríguez-Pagán, Luis Joel López-Luna, and Elvin O. Navedo-Colón, conspired together and with Shirley Figueroa and Magalys Ortega to provide prohibited objects, including cellular telephones and controlled substances, to inmates housed at the Bayamón 705 prison in Bayamón, Puerto Rico.
According to the allegations in the indictment, correctional officers Rodríguez-Pagán, López-Luna and Navedo-Colón smuggled prohibited items, including, synthetic marihuana, Suboxone, cigarettes as well as cellular telephones and chargers into Bayamón 705 in exchange for payment from co-conspirators Figueroa and Ortega, who were associated with inmates. The payments were made via ATH Móvil.
“Contraband cellphones and controlled substances in prisons pose a grave danger. We stand ready to assist the Puerto Rico Department of Corrections in their efforts to prevent inmates from using contraband cell phones, and other prohibited materials in prisons,” said U.S. Attorney Muldrow. “The corruption and criminal conduct shown by these correctional officers will not be tolerated, and we will prosecute these offenses to the fullest extent of the law.”
FBI San Juan Special Agent in Charge Rafael Riviere Vázquez said: “The public relies on Correctional Officers to maintain order and safety of the institutions they are sworn to protect. The men arrested today put this order and safety at risk by taking bribes in exchange for smuggling contraband to the inmates in their custody. The FBI is firmly committed to fighting corruption wherever it may take root – this includes the corridors of our correctional facilities. Special thanks to the FBI San Juan Police Corruption and Civil Rights Task Force, for their great work in this investigation and to our valued partners of the Puerto Rico Department of Corrections, who provided their full support and collaboration.”
If convicted, the defendants face up to five years in prison for the conspiracy to provide contraband in prison. Defendant López-Luna is also facing up to 20 years in prison for providing controlled substances in prison and the distribution of controlled substances as well as up to one year in prison for providing cellular telephones in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Assistant United States Attorney Marie Christine Amy is in charge of the prosecution of the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Texas man admits to role in drug distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Roderick Bradley, of Houston, Texas, has admitted to his role in methamphetamine, crack cocaine, fentanyl, and heroin drug distribution operation, Acting United States Attorney Randolph J. Bernard announced.
Bradley, age 31, pled guilty to one count of “Aiding and Abetting Distribution of Cocaine Base.” Bradley admitted to working with another to sell cocaine base, known as ‘crack,” in Monongalia County in June 2020.
Bradley faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorneys Zelda E. Wesley and Sarah E. Wagner are prosecuting the case on behalf of the government. The FBI's Northern West Virginia Drug Task Force in partnership with the Mon Metro Drug Task Force, a HIDTA-funded initiative, investigated. The Task Forces have members from the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; West Virginia State Police; Monongalia County Sheriff's Office; and, the Morgantown, WVU, Granville and Star City Police Departments. The investigation was also assisted by the following law enforcement partners: the Monongalia County Prosecutor’s Office, the FBI in Houston, Texas; the Houston Police Department's Multi Agency Gang Initiative; the United States Postal Inspection Service in Houston; and, the FBI and DEA in Los Angeles, California.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
U.S. Magistrate Judge Michael John Aloi presided.
Related case here: https://www.justice.gov/usao-ndwv/pr/25-people-indicted-drug-trafficking-operation-spanned-several-states
Texas Man Sentenced for Stalking, Kidnapping, Obstruction of Justice and Witness TamperingRead the Press Release
BOSTON – A Texas man was sentenced on Friday, May 14, 2021 in connection with kidnapping and stalking his then wife, and his subsequent efforts to prevent her testimony in federal court.
Sunil K. Akula, 32, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 56 months in prison and three years of supervised release. Akula will be subject to deportation to India upon completion of his sentence. In November 2020, Akula pleaded guilty to kidnapping, stalking, obstruction of justice and witness tampering.
On Aug. 6, 2019, Akula traveled from his home in Texas to Agawam, Mass. to confront his then wife, from whom he was living apart. Akular subsequently assaulted his wife and forced her to leave her apartment and get into a car with him, stating that he was taking her back to Texas.
Akula then drove his wife through multiple states, during which time he again assaulted her, forced her to send a resignation e-mail to her employer, and smashed her laptop and threw it on the side of the highway. Akula stopped at a Knox County, Tenn. hotel, where he again beat his wife. Akula later opened the door to leave the hotel room and was arrested by local law enforcement officers.
While Akula was held in custody, he made phone calls to family in India instructing them to contact his wife’s father to convince her to withdraw her statements to law enforcement.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Chicopee Interim Police Chief Lonny Dakin; Agawam Police Chief Eric Gillis; Knox County Sheriff Tom Spangler; and Plano (Texas) Police Chief Ed Drain made the announcement. Assistant U.S. Attorneys Deepika Bains Shukla, Chief of Mendell’s Springfield Branch Office, and Catherine G. Curley of Mendell’s Springfield Branch Office prosecuted the case.
Tennessee Man Pleads Guilty to Federal Hate CrimeRead the Press Release
Christopher Beckham, 35, of Nashville, Tennessee, pleaded guilty Friday in U.S. District Court to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Beckham was indicted in April 2018 after an investigation into an incident that occurred on Oct. 24, 2017.
“The defendant confronted two young girls who were walking home from school and violently attacked their father because of how they worship,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “An attack upon the free exercise of any person’s religious beliefs is an attack on that person’s civil rights. The Department of Justice will continue to vigorously prosecute such violent acts motivated by hate.”
“The cowardly and unprovoked attack and display of hate-filled aggression by this defendant toward two innocent young girls and their father is despicable,” said Acting U.S. Attorney Mary Jane Stewart of the Middle District of Tennessee. “I commend the work of the FBI and our prosecutors in bringing this individual to justice.”
“Hate crimes are the highest priority of the FBI’s Civil Rights program due to the devastating impact they have on families and communities,” said Special Agent in Charge Douglas M. Korneski of the FBI Memphis Field Office. “The FBI is committed to protecting the civil rights of all people, and we will aggressively pursue those who commit criminal offenses based on bias.”
Beckham admitted that on Oct. 24, 2017, he saw two teenage girls wearing hijabs and yelled, “Allahu Akbar!” and “Go back to your country!” When the girls’ father arrived to pick up his daughters from the school bus stop to take them home, Beckham attacked the girls’ father by swinging a knife and punching at him. This attack injured the father. When the girls’ mother arrived on the scene with her young child in her car, Beckham, with his knife still drawn, chased after them. After the police took Beckham into custody at the scene, he called the family “terrorists,” made other derogatory comments about the family, and pledged to kill them when the police released him. Beckham further admitted that he carried out this assault because of the actual and perceived religion and national origin of the victims, namely that he perceived them to be Muslim and of a nationality other than American.
In September 2019, this case was tried by a jury in U.S. District Court. The trial ended in a hung jury.
Beckham will be sentenced on Oct. 7, 2021.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sara Beth Myers of the Middle District of Tennessee and Trial Attorney Michael Songer of the Civil Rights Division of the Department of Justice.
Six in Youngstown-Warren charged with Methamphetamine Drug Trafficking ConspiracyRead the Press Release
Acting U.S. Attorney Bridget M. Brennan announced today that a federal grand jury returned a 16-count indictment charging six individuals in the Youngstown-Warren area for their roles in a methamphetamine drug trafficking conspiracy.
Named in the indictment are Neil R. DYE, 36, currently incarcerated at Trumbull Correctional Institution; Jaclyn L. SZACHURY, 35, currently incarcerated at Ohio Reformatory for Women; Mary E. CLEARWATER, 39, of Warren, Ohio; Michael A. LEE, 29, currently incarcerated at Grafton Correctional Institute; Courtney P. WILSON, 30, of Youngstown, Ohio and Timothy M. LOWERY, 33 of Warren, Ohio.
According to the indictment, on or about July 8, 2019, and continuing to on or about December 3, 2020, the Defendants are accused of working together to distribute quantities of methamphetamine in communities throughout the Northern District of Ohio. As part of the conspiracy, it is alleged that defendants DYE and SZACHURY provided methamphetamine to CLEAWATWER for distribution. In turn, CLEAWATWER provided methamphetamine to LEE, WILSON and LOWERY, who then allegedly distributed the drugs to other buyers throughout the district.
On several occasions, the group is accused of selling methamphetamine to confidential FBI sources. In total, the group is accused of distributing at least 500 grams of methamphetamine.
In addition to the drug trafficking charges, Defendant LOWERY is also charged with possessing an unregistered firearm.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
If convicted, the Defendant’s sentence will be determined by the Court after review of factors unique to this case, including the Defendant’s prior criminal record, if any, the Defendant’s role in the offense, and the characteristics of the violation.
In all cases, the sentence will not exceed the statutory maximum, and in most cases, it will be less than the maximum.
This case was investigated by the FBI, Mahoning Valley Violent Crimes Task Force, Trumbull Action Group Drug Task Force, Warren PD Street Crimes Unit, Ohio State Highway Patrol and the Summit County Drug Unit. This case is being prosecuted by Assistant U.S. Attorney Yasmine Makridis.
Shiprock man sentenced to seven years in prison for voluntary manslaughter in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Patrick Yellowhair, 39, of Shiprock, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on May 12 in federal court to seven and a half years in prison for voluntary manslaughter in Indian Country.
Yellowhair pleaded guilty to the offense on Feb. 15, 2019. According to the plea agreement, Yellowhair and the victim were drinking on the afternoon of Oct. 2, 2018, when they began fighting. The victim briefly left the home before returning later in the evening and the two resumed their quarreling. In the plea agreement, Yellowhair admitted to stabbing the victim in the neck and shoulder around midnight or in the early morning of Oct. 3. The killing occurred in San Juan County on the Navajo Nation.
Upon his release from prison, Yellowhair will be subject to three years of supervised release.
The Farmington Resident Office of the FBI investigated this case with assistance from Navajo Nation Police and the Navajo Nation Criminal Investigations unit. Assistant U.S. Attorney Allison Jaros is prosecuting the case.
Sandisfield Man Indicted on Federal Firearm OffensesRead the Press Release
BOSTON – A Sandisfield man was indicted by a federal grand jury last week in connection with receiving and possessing an unregistered firearm.
Brian Hohman, 57, was indicted on one count of receiving and possessing an unregistered firearm. Hohman was detained following an initial appearance in federal court in Springfield today. A detention hearing has not yet been scheduled.
According to the indictment, on Sept. 23, 2020, Hohman was in possession of a Harrington & Richardson Arms shotgun which had a barrel length of less than 18 inches and was not registered to Hohman in the National Firearms Registration and Transfer Record.
The charge of receipt and possession of an unregistered firearm provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000.
Acting United States Attorney Nathaniel R. Mendell and Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement. The Massachusetts State Police also assisted in the investigation. Assistant U.S. Attorney Catherine G. Curley of Mendell’s Springfield Branch Office is prosecuting the case.
This prosecution 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 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.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Putnam County Convicted Sex Offender Pleads Guilty to Possessing Images Depicting Child Sexual Abuse on His Cell PhoneRead the Press Release
Jacksonville, Florida – Jasen Michael Anderson (29, Crescent City) has pleaded guilty to possessing images depicting the sexual abuse of children on his cell phone. He faces a minimum mandatory penalty of 10 years, and up to 20 years, in federal prison, a $250,000 fine, and a potential life term of supervised release.
According to court documents, on May 3, 2012, Anderson was convicted on federal charges for distributing and possessing child exploitation materials. After serving a seven-year prison sentence, Anderson was released and began serving a 10-year term of supervised release under the supervision of the United States Probation Office. During this period, Anderson was prohibited from using any computer device to access the internet without written approval of his probation officer, and was subject to any search by the Probation Office based on reasonable suspicion of evidence of a violation of any supervised release condition.
During an interview on March 16, 2020, Anderson admitted to his probation officer that he had accessed the internet using a cell phone and had searched for images of children on a particular Russian website. The probation officer then confiscated Anderson’s cell phone. During an initial manual examination of this device, no evidence of contraband images was discovered.
In May 2020, Anderson met with his probation officer and admitted that he had accessed child sex abuse images over the internet using a second cell phone. This second phone was also seized by the probation officer. Anderson was subsequently arrested at his home by the United States Marshals Service based on violations of the terms of his supervised release. Forensic examination of his cell phones revealed that one of the devices contained 110 images depicting young children, including some as young as six years old, being sexually abused.
This case was investigated by the United States Probation Office in Ocala and Tampa, the United States Marshals Service, and Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It 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.
Northridge Man Sentenced to 33 Months in Prison for Sales of Black Market Drugs to Unsuspecting Prescription Drug CustomersRead the Press Release
SAN FRANCISCO – Hakob Kojoyan was sentenced today in United States District Court to 33 months in prison and ordered to forfeit his Palm Springs house for participating in a scheme involving the unlicensed wholesale distribution of prescription drugs, announced Acting United States Attorney Stephanie M. Hinds and Federal Bureau of Investigation Special Agent in Charge Craig D. Fair. The sentence was handed down by the Honorable Richard Seeborg, United States District Judge.
Kojoyan, 29, of Northridge, California, admitted that he engaged in a scheme from February 2017 to April 2018 to distribute illegally obtained prescription drugs to unsuspecting purchasers. In his plea agreement, Kojoyan stated that he and his associates used a Pennsylvania company, Mainspring Distribution LLC (Mainspring), to pose as legitimate prescription drug wholesalers. They then obtained prescription drugs from unlicensed, black market sources in California. They sold the drugs through Mainspring to unknowing wholesale customers, falsely representing that the drugs were legitimately sourced from licensed suppliers. Kojoyan and his co-defendants avoided dealing in generic drugs and instead specialized in expensive name-brand prescription drugs used to treat HIV, such as Atripla. Kojoyan himself also supplied prescription drugs for such resale, though he had no license to do so.
In a memo filed for the sentencing, the government pointed out that to combat prescription drug fraud, Congress mandated prescription drug wholesalers provide their customers with detailed information about the drugs they sell, including a transaction history tracing the drugs back to their licensed manufacturer. The government asserted Kojoyan and his co-conspirators knew about these federal regulations designed to protect vulnerable patients, and they worked diligently to evade them. They stole the identity of a licensed prescription drug company supplier in California and prepared paperwork falsely suggesting their drugs came from that supplier. The government described how they further mimicked the appearance of a legitimate supply chain by opening bank accounts in names misleadingly similar to the licensed supplier and routing the proceeds of their fraudulent sales through the accounts.
The government further asserted that bank accounts under the control of Kojoyan received approximately $2.2 million from Mainspring-associated accounts, much of which was laundered and distributed to co-conspirators. Kojoyan’s earnings were invested into a house in Palm Springs, which the Court ordered forfeited to the government.
The government filed a superseding information on July 6, 2020, charging Kojoyan with unlicensed wholesale distribution of prescription drugs, in violation of 21 U.S.C. §§ 331(t), 333(b)(1)(D), 353(e)(1). On July 15, 2020, Kojoyan entered a guilty plea to the charge.
In addition to sentencing Kojoyan to a prison term of 33 months and ordering the forfeiture of his Palm Springs house, U.S. District Judge Richard Seeborg also sentenced Kojoyan to a three-year period of supervised release to follow his prison term. The defendant remains out of custody on bond and was ordered to surrender to begin his sentence on June 2, 2021.
This case is being prosecuted by the Corporate Fraud Strike Force of the United States Attorney’s Office. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
North Texas Woman Sentenced for Tax EvasionRead the Press Release
PLANO, Texas – A Fannin County, Texas, woman has been sentenced to federal prison for tax evasion in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Chelsea Jolynn Tucker, 45, pleaded guilty to tax evasion on Nov. 4, 2020, and was sentenced to 14 months and 23 days in federal prison today by U.S. District Judge Sean D. Jordan today. Tucker was also ordered to pay restitution in the amount of $779,664.00.
“Tax-related offenses often go hand-in-hand with other financial crimes, because the perpetrator needs to conceal their ill-gotten gains from government scrutiny,” said Acting U.S. Attorney Nicholas J. Ganjei. “Today’s sentence and restitution award will help to make the American taxpayer whole.”
According to public court records, from approximately 1997 to 2016, Tucker was employed by a staffing and contract services company located in Addison, Texas. In her role with the company, Tucker had various financial responsibilities, including administering payroll, preparing W-2 Forms, making employment tax deposits, paying business expenses, and monitoring the company’s tax obligations using QuickBooks and TaxGuard.
Between approximately 2012 and 2017, Tucker knowingly and willfully misappropriated and embezzled funds from the company by paying herself as both an employee and a vendor, issuing herself unauthorized bonuses and fraudulent expense reimbursements, using a corporate credit card for personal purchases, and using company funds to pay personal credit cards.
Tucker also willfully attempted to evade her income tax obligations by preparing false and fraudulent W-2 Forms, which substantially underreported the income owed to the Internal Revenue Service. In addition, Tucker failed to pay the company’s employment taxes, which she had a duty to both truthfully account for and pay. As a result of Tucker’s criminal conduct, the amount still owed to the Internal Revenue Service totals approximately $779,664.
This case was investigated by the Internal Revenue Service-Criminal Investigation and prosecuted by Assistant U.S. Attorneys in the Plano office.
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Ninth St. Croix Woman Pleads Guilty in Multi-Defendant Tax Fraud SchemeRead the Press Release
St. Croix, USVI – United States Attorney Gretchen C.F. Shappert announced on Friday that Nicolette Alexander, age 29, from the Virgin Islands pled guilty in federal court today to Conspiracy to Defraud the United States.
According to court documents, from January 2011 to July 2012, Nicolette Alexander and others participated in a scheme to steal money from the United States treasury by fraudulently obtaining federal income tax refunds. The scheme involved the acquisition of personal identifying information of individuals (i.e. name, social security number, and date of birth) used to electronically file falsified tax returns with a designation of refunds to the acquired bank accounts or debit cards. Defendant and her co-conspirators withdrew the deposited refunds. They subsequently spent the funds using a debit card or transferred the funds to other accounts, all for personal use. As a result of the scheme, approximately $17,537 of falsely-claimed returns were deposited into Alexander’s bank account.
Of ten defendants charged in the tax fraud scheme, Alexander is the ninth to plead guilty. Eight others have entered guilty pleas, four of whom have been sentenced in federal court by District Court Chief Judge Wilma Lewis. The remaining defendant is scheduled for trial on June 7, 2021. A sentencing date for Alexander is to be scheduled, and she faces a maximum sentence of ten years, up to a $250,000.00 fine, and the payment of restitution.
The prosecution of this fraud scheme is the result of years of investigative work by the Internal Revenue Service-Criminal Investigations, which identified and dismantled a massive stolen identity refund fraud scheme perpetrated in the Virgin Islands and elsewhere.
The case was investigated by the Internal Revenue Service, Criminal Investigations, and is being prosecuted by Assistant U.S. Attorney Melissa Ortiz.
Nigerian citizen charged with defrauding Washington State Employment Security Department of over $350,000Read the Press Release
Seattle – A Nigerian citizen was arrested Friday evening at JFK Airport in New York on a criminal complaint charging him with wire fraud for his scheme to steal over $350,000 in unemployment benefits from the Washington State Employment Security Department, announced Acting U.S. Attorney Tessa M. Gorman. Abidemi Rufai, aka Sandy Tang, 42, of Lekki, Nigeria, made his initial appearance Saturday May 15, 2021 in New York. He is scheduled for a detention hearing Wednesday.
“Since the first fraud reports to our office in April 2020, we have worked diligently with a federal law enforcement team to track down the criminals who stole funds designated for pandemic relief,” said Acting U.S. Attorney Gorman. “This is the first, but will not be the last, significant arrest in our ongoing investigation of ESD fraud.”
The criminal complaint alleges that Rufai used the stolen identities of more than 100 Washington residents to file fraudulent claims with ESD for pandemic-related unemployment benefits. Rufai also filed fraudulent unemployment claims with Hawaii, Wyoming, Massachusetts, Montana, New York, and Pennsylvania. Rufai used variations of a single e-mail address in a manner intended to evade automatic detection by fraud systems. By using this practice, Rufai made it appear that each claim was connected with a different email account.
Rufai caused the fraud proceeds to be paid out to online payment accounts such as ‘Green Dot’ accounts, or wired to bank accounts controlled by “money mules.” Some of the proceeds were then mailed to the Jamaica, New York address of Rufai’s relative. Law enforcement determined more than $288,000 was deposited into an American bank account controlled by Rufai between March and August 2020.
“Greed is a powerful motivator. Unfortunately, the greed alleged to this defendant affects all taxpayers,” said Donald Voiret, Special Agent in Charge FBI Seattle. “The FBI and our partners will not stand idly by while individuals attempt to defraud programs meant to assist American workers and families suffering the consequences of the Covid-19 pandemic.”
Wire fraud is punishable by up to thirty years in prison when it relates to benefits paid in connection with a presidentially-declared disaster or emergency, such as the COVID-19 pandemic.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI, with assistance from the Department of Labor Office of Inspector General (DOL-OIG). The fraud on ESD is being investigated cooperatively by the FBI, DOL-OIG, Social Security Office of Inspector General, U.S. Secret Service, the United States Postal Inspection Service, and the Internal Revenue Service Criminal Investigations. The Washington Employment Security Department is cooperating in the investigation.
The cases are being prosecuted by Assistant United States Attorneys Seth Wilkinson, Cindy Chang, and Benjamin Diggs of the Western District of Washington, and Trial Attorney Jane Lee of DOJ’s Cyber Crime and Intellectual Property Section (CCIPS).
Nevada Man Pleads Guilty to Election Fundraising Scam and Cheating Taxpayers Out of Paycheck Protection Loan FundsRead the Press Release
WASHINGTON – James Kyle Bell, 44, of Las Vegas, Nevada, entered a guilty plea today to one count of wire fraud in federal court in the District of Columbia.
As he admitted in entering his guilty plea, Bell created two political action committees (PACs) which operated during the 2020 election cycle: the Keep America Great Committee (“KAGC”) , which purportedly supported the re-election of Donald Trump, and the Best Days Lie Ahead Committee (“BDLAC”), which purportedly supported the candidacy of Joe Biden. Both PACs registered with the Federal Election Commission (“FEC”) as Section 527 independent expenditure-only committees. Such committees are often referred to as “527 Groups” or “Super PACs.”
Between January 2020 and October 2020, Bell’s PACs sent solicitations nationwide to more than 40,000 recipients. The solicitations promised that individual donations would be “5x matched” by Bell’s PACs. The solicitations also replicated the look and feel of marketing materials used by the presidential campaigns including official logos and slogans. Bell also set up websites to solicit donations with names like “keepamericagreatcommittee.com,” “trump2020maga.com,” and “bestdayslieaheadcommittee.com.” KAGC and BDLAC received no less than $346,000 in contributions from individuals and other groups during the months before the 2020 election. However, none of the individual donations was ever “5x matched” by Bell or anyone else. And Bell made a series of false filings with the FEC in which Bell claimed that his PACs had made expenditures in support of both presidential campaigns.
Court documents also reflect that during the same time period, Bell applied for more than $1.6 million in loans from the Small Business Administration’s Paycheck Protection Program (“PPP”) on behalf of five shell companies that Bell owned and controlled. For example, one of Bell’s companies named “Echo Three LLC,” a company registered in Nevada with no employees and no payroll, received a PPP loan of $485,000 based on Bell’s false statements to the government that the company had 83 employees working at Bell’s private residence. In another instance, Bell obtained a PPP loan in the amount of $492,000 for a company he owned and controlled named “Myson Rules LLC” which had no employees, no payroll, no business operations, and no active business license in the State of Nevada. Bell submitted fabricated tax documents and other company records in support of all five PPP loan applications.
Bell diverted almost all of the funds from PAC donors and the taxpayer-supported PPP loans to bank accounts where they could be used for Bell’s personal benefit, commingling the proceeds of the fraud and further violating federal campaign finance laws with exacting record keeping for PACs. According to court papers, the government has located and seized $519,000 of Bell’s criminal proceeds. Bell’s plea agreement requires that Bell make full restitution to his victims and agree to the entry of a money judgement of $862,000 against him.
“The First Amendment protects everyone’s right to express and promote their viewpoints by giving to political committees,” said Acting U.S. Attorney Channing D. Phillips. “My Office and the Justice Department are committed to protecting this important right—citizens are entitled to have confidence that their political contributions will be spent to support the candidates and causes for which they are intended.” Phillips continued, “We are equally committed to protecting from fraud the Paycheck Protection Program and other government programs aimed at easing the crippling economic effects of the pandemic. Today’s guilty plea sends a clear message that my Office and the Justice Department will not tolerate fraudsters who line their pockets by exploiting the political goodwill of our citizens or the benefits afforded under government programs.”
"Bell admitted to creating two political action committees that purported to support two different candidates, but instead he used the donations he received for his own personal use,” said James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office, Criminal Division. “Not only did Bell defraud donors, but he also defrauded the Small Business Administration’s Paycheck Protection Program, designed to help Americans during the pandemic, and used those funds to line his own pockets and private political accounts. The FBI is committed to investigating those who attempt to defraud the American public and government programs.”
Bell pleaded guilty before United States District Judge John D. Bates to one count of wire fraud. The maximum sentence for that offense is twenty years of incarceration and a fine of not more than $250,000 or twice the pecuniary gain or loss from the offense. Sentencing in the case is scheduled for October 8.
This matter is being investigated by the Washington Field Office of the Federal Bureau of Investigation and the U.S. Small Business Administration, Office of the Inspector General. Assistant United States Attorneys John W. Borchert of the Fraud Section and Elizabeth Aloi of the Public Corruption and Civil Rights Section are prosecuting the case.
Nashville Man Pleads Guilty to Federal Hate CrimeRead the Press Release
NASHVILLE – Christopher Beckham, 35, of Nashville, Tennessee, pleaded guilty Friday in U.S. District Court to violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. Beckham was indicted in April 2018 after an investigation into an incident that occurred on October 24, 2017.
“The cowardly and unprovoked attack and display of hate-filled aggression by this defendant toward two innocent young girls and their father is despicable,” said Acting U.S. Attorney Mary Jane Stewart. “I commend the work of the FBI and our prosecutors in bringing this individual to justice.”
“The defendant confronted two young girls who were walking home from school and violently attacked their father because of how they worship,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “An attack upon the free exercise of any person’s religious beliefs is an attack on that person’s civil rights. The Department of Justice will continue to vigorously prosecute such violent acts motivated by hate.”
“Hate crimes are the highest priority of the FBI’s Civil Rights program due to the devastating impact they have on families and communities,” said Douglas M. Korneski, Special Agent in Charge of the Memphis Field Office of the Federal Bureau of Investigation. “The FBI is committed to protecting the civil rights of all people, and we will aggressively pursue those who commit criminal offenses based on bias.”
Beckham admitted that on October 24, 2017, he saw two teenage girls wearing hijabs and yelled, “Allahu Akbar!” and “Go back to your country!” When the girls’ father arrived to pick up his daughters from the school bus stop to take them home, Beckham attacked the girls’ father by swinging a knife and punching at him. This attack injured the father. When the girls’ mother arrived on the scene with her young child in her car, Beckham, with his knife still drawn, chased after them. After the police took Beckham into custody at the scene, he called the family “terrorists,” made other derogatory comments about the family, and pledged to kill them when the police released him. Beckham further admitted that he carried out this assault because of the actual and perceived religion and national origin of the victims, namely that he perceived them to be Muslim and of a nationality other than American.
In September 2019, this case was tried by a jury in U.S. District Court. The trial ended in a hung jury.
Beckham will be sentenced on October 7, 2021.
This case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Sara Beth Myers of the Middle District of Tennessee and Trial Attorney Michael Songer of the Civil Rights Division of the Department of Justice.
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Mexican citizen charged with using disabled veteran’s Social Security number for benefitsRead the Press Release
CINCINNATI – A Mexican citizen was arrested in Warren County this morning on federal charges claiming he stole the identity of a disabled United States veteran.
Fernando Arroyo-Alonso, 58, appeared in federal court this afternoon. He is charged by criminal complaint with false representation of a Social Security number.
According to court documents, in May 2019, Arroyo-Alonso submitted an online application for Title XVI Supplemental Security Income benefits using the identity of a disabled veteran who also receives Title XVI Supplemental Security Income and Veterans Affairs benefits.
The defendant allegedly used the victim’s identity, date of birth and Social Security number to obtain an Ohio driver’s license in the victim’s name. In actuality, the victim does not reside in Ohio.
Arroyo-Alonso allegedly obtained a criminal record while using the victim’s identity.
Using another person’s Social Security number is a federal crime punishable by up to five years in prison.
Vipal J. Patel, Acting United States Attorney for the Southern District of Ohio, and Andrew Boockmeier, Special Agent in Charge, Social Security Administration, Office of Inspector General (SSA-OIG), announced the charges. The U.S. Marshals Service, U.S. Secret Service, Homeland Security Investigations (HSI), the Ohio BMV and the Hamilton Township Police assisted with this investigation. Special Assistant United States Attorney Timothy Landry is representing the United States in this case.
A criminal complaint is merely an allegation, and all defendants are presumed innocent unless proven guilty in a court of law.
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Massachusetts Man Sentenced to 30 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Joel Espinosa, 22, of Lawrence, Massachusetts was sentenced to 30 months in federal prison for distribution of fentanyl, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, a cooperating individual and an undercover agent purchased nearly 80 grams of fentanyl from Espinosa and another man during two separate transactions in 2019. One transaction occurred in Manchester and the other took place in Methuen, Massachusetts.
Espinosa previously pleaded guilty on December 2, 2020.
“Fentanyl traffickers seek to profit from selling a deadly substance in our communities,” said Acting U.S. Attorney Farley. “Each day, we are working closely with our law enforcement partners to identify and prosecute the dealers who sell this dangerous drug in the Granite State. As this defendant has learned, drug dealers who come to New Hampshire to sell fentanyl will find themselves in federal prison.”
“Fentanyl is causing great damage to our communities,” said DEA Special Agent in Charge Brian D. Boyle. “DEA will continue to use every resource available to identify traffickers, like Mr. Espinosa, who distribute this poison to the citizens of New Hampshire. Today’s sentence not only holds Mr. Espinosa accountable for his crimes but serves as a warning to those who are fueling the opioid epidemic.”
This matter was investigated by the Drug Enforcement Administration with assistance from the Massachusetts State Police, New Hampshire State Police, and Manchester Police Department. The case was prosecuted by Assistant U.S. Attorney John S. Davis.
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Methamphetamine Distributors Sentenced After Using Usps to Ship Drugs to WyomingRead the Press Release
Acting United States Attorney Bob Murray announced today that the United States District Court for the District of Wyoming has sentenced four defendants charged in a drug distribution case. ANGEL DE JESUS DUARTE-TOLEDO, age 34 of Yuma, Arizona; LOUIZ SERBANDO PENA-HERMOSILLO, age 35 of Casper, Wyoming; ASHLEY NICHOLE BULLOCK, age 35 of Gillette, Wyoming; and SHEILA ANN ROHOVIE, age 33 of Dubois, Wyoming, were all convicted and sentenced related to their involvement in a conspiracy to distribute methamphetamine.
Around April 2020, the United States Postal Inspection Service (USPIS), in collaboration with the Wyoming Division of Criminal Investigation (DCI), began investigating a drug distribution ring engaged in the distribution of methamphetamine in Wyoming. The investigation began when DCI notified USPIS that its agents believed individuals in Wyoming were using the postal service to mail methamphetamine. Acting on DCI’s information, USPIS recovered a package containing about 424 grams of methamphetamine. Investigators determined that Angel De Jesus Duarte-Toledo was mailing methamphetamine from Arizona to Wyoming for further distribution. After co-conspirators in Wyoming received the packages, the methamphetamine was then distributed throughout the Gillette and Glenrock communities.
The United States Attorney’s Office for the District of Wyoming prosecuted four individuals involved in the scheme, including: Duarte-Toledo, sentenced to 121 months imprisonment; Pena-Hermosillio, sentenced to 145 months imprisonment; Bullock, sentenced to 77 months imprisonment; and Rohovie, sentenced to 120 months imprisonment.
“As this case demonstrates, bolden methamphetamine traffickers are using every possible method to sell this poisonous drug to the people of Wyoming. In order to stop this dangerous and illegal trade, we will closely coordinate with all of our law enforcement partners, including the USPIS to identify, arrest, prosecute, and incarcerate those responsible,” said Acting United States Attorney, Bob Murray.
This crime was investigated by United States Postal Inspection Service and the Wyoming Division of Criminal Investigation. It was prosecuted by Assistant United States Attorney Jonathan Coppom.
Kittery Man Sentenced on Federal Interstate Domestic Violence ChargesRead the Press Release
PORTLAND, Maine—A Kittery man was sentenced today in federal court for two counts of traveling interstate to violate a protection order, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge George Z. Singal sentenced Nelson Dion, 54, to 31 months in prison and three years of supervised release. Dion entered a conditional plea of guilty on August 31, 2020. The plea authorizes him to appeal a legal issue to the U.S. Court of Appeals for the First Circuit in Boston. Dion will remain supervised on home incarceration in the interim.
According to court documents, in April 2016, Dion, who resided in Maine, was arrested for felony aggravated assault involving his former live-in girlfriend, who was by then living in a domestic violence shelter in Portsmouth, New Hampshire. A few days later, Dion was released on bail and was subject to a protection order that prohibited his contact with his former girlfriend.
Between April and June 2016, Dion traveled from Maine to New Hampshire, and then from New Hampshire to Maine, to have contact with the girlfriend in violation of the protection order. On June 30, 2016, the girlfriend jumped from the Piscataqua River bridge on Interstate 95 and died the next day.
The Kittery, Berwick, and Eliot, Maine Police Departments; the York County District Attorney’s Office; the Portsmouth, New Hampshire Police Department; and the FBI investigated the case. It was prosecuted as part of Project Safe Neighborhoods, 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.
Kevin Love Hubbard Sworn-In as Assistant U.S. AttorneyRead the Press Release
PROVIDENCE, R.I. – Acting United States Attorney Richard B. Myrus today announced the appointment and swearing-in of Kevin Love Hubbard as an Assistant United States Attorney in the District of Rhode Island. Mr. Hubbard has been assigned to the Civil Division of the United States Attorney’s Office.
A native of Ft. Collins, Colorado, Mr. Hubbard graduated in 2007 from the Pennsylvania State University. Mr. Hubbard earned his Juris Doctor at Yale Law School in 2012. While attending Yale Law School, Mr. Hubbard was Chair of the Iraqi Refugee Assistance Project.
Prior to joining the United States Attorney’s Office, Mr. Hubbard was a partner at Medina Orthwein in Boston, MA, and Oakland, CA, serving as lead counsel in employment discrimination, whistle blower, and constitutional civil rights matters.
Prior to joining Medina Orthwein, Mr. Hubbard was an associate at Morrison & Foerster and at Sanford Heisler Sharp in San Francisco, CA. Earlier in his career, Mr. Hubbard clerked for Judge Neil Wake in the United States District Court for the District of Arizona.
In welcoming Mr. Hubbard to the Office, Acting United States Attorney Myrus said, “We’re thrilled that Kevin is joining our team. He is a seasoned litigator with great skills and extensive experience in complex civil litigation. He will be an excellent addition to the Office.”
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Justice Department Settles Discrimination Claim Against Aerojet Rocketdyne, Inc.Read the Press Release
The Department of Justice today announced that it reached a settlement with Aerojet Rocketdyne Inc. (Aerojet Rocketdyne), a rocket and missile propulsion manufacturer.
The settlement resolves a charge brought by a lawful permanent resident whom Aerojet Rocketdyne did not consider for a mechanic position because of his immigration status. The department’s investigation concluded that Aerojet Rocketdyne violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it only considered U.S. citizens for 12 mechanic positions in Jupiter, Florida, without legal justification.
“Employers cannot limit positions only to U.S. citizens unless they have a legal requirement to do so,” said Principal Deputy Assistant Attorney General Pamela S. Karlan of the Justice Department's Civil Rights Division. “The department commends Aerojet Rocketdyne for quickly changing its practices when it learned of the issue, and for its cooperation throughout the department’s investigation.”
Aerojet Rocketdyne builds and sells advanced propulsion and energetics systems to customers including the U.S. government and private companies. The department’s investigation determined that Aerojet Rocketdyne did not allow the Charging Party and other non-U.S. citizens to apply for 12 mechanic positions, based on their citizenship status. The investigation also concluded that the company misunderstood its obligations under federal regulations, such as the International Traffic in Arms Regulations (ITAR), by mistakenly believing that they imposed restrictions on the company’s ability to hire non-U.S. citizens, which they do not. The investigation also determined that the company incorrectly believed that some of its government contracts required it to fill the 12 mechanic positions with U.S. citizens. When it learned of the investigation, Aerojet Rocketdyne was forthcoming and quickly changed its practices to avoid future discrimination.
The INA protects U.S. citizens, non-citizen nationals, refugees, asylees, and recent lawful permanent residents from hiring discrimination based on citizenship status. The law has an exception if an employer or recruiter is required to limit jobs due to a law, regulation, executive order, or government contract.
Today’s settlement agreement requires Aerojet Rocketdyne to take several steps to ensure it follows the law, including training its employees who conduct hiring in its Jupiter, Florida location. The company also must pay a $37,008 civil penalty. As with its other settlements, the department will monitor the company to make sure it is complying with the agreement.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing discrimination protections under the INA. The law prohibits citizenship status and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation. Learn more about citizenship status discrimination under the INA here.
Learn more about IER’s work and how to get assistance through this brief video. Applicants or employees who believe they were discriminated against based on their citizenship, immigration status, or national origin in hiring, firing, recruitment, or during the employment eligibility verification process (Form I-9 and E-Verify); or subjected to retaliation, may file a charge. The public also may contact IER’s worker hotline at 1-800-255-7688; call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); email [email protected]; sign up for a free webinar; or visit IER’s English and Spanish websites. Subscribe to GovDelivery to receive updates from IER.
Huntington Man Pleads Guilty to Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Tyson Davis, Sr., 42, of Huntington pleaded guilty today to possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, on April 17, 2019, law enforcement officers executed a search warrant at a 9th Avenue residence in Huntington and found Davis seated on the couch. Officers recovered a loaded Glock 23 .40 caliber pistol from under a cushion on the couch. Officers also located distribution amounts of a heroin and fentanyl mixture and methamphetamine. Later in a Mirandized interview, Davis admitted to possessing the firearm.
Davis faces a minimum mandatory five years in prison when sentenced on August 16, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorneys Ryan A. Keefe and R. Gregory McVey are handling the prosecution.
The Huntington Violent Crime Drug Task Force and the Huntington Police Department conducted the investigation.
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. 3:19-cr-0140.
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Huntington Felon Pleads Guilty to Possessing FirearmRead the Press Release
HUNTINGTON, W.Va. - Aubrey Gardner, 28, of Huntington pleaded guilty today to being a felon in possession of a firearm.
According to court documents, on February 8, 2021, Gardner was a passenger in a vehicle that officers with the Huntington Police Department pulled over in the 2800 block of 8th Avenue. The officers found a firearm in the waistband of Gardner’s pants. Gardner was prohibited from possessing a firearm under federal law because of a 2018 federal conviction in the Southern District of West Virginia for possession with intent to distribute a quantity of heroin.
Gardner faces up to 10 years in prison when he is sentenced on August 16, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution.
The Huntington Police Department conducted the investigation. United States District Judge Robert C. Chambers presided over the plea 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-00049.
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Guilty Plea in First-In-The-Nation Cares Act fraud CaseRead the Press Release
PROVIDENCE - A Massachusetts man who faked suicide shortly after he and a co-defendant became the first in the nation to be charged with fraudulently seeking hundreds of thousands of dollars in forgivable pandemic relief small business loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, pleaded guilty today to conspiring to commit bank fraud and failure to appear in court.
The CARES Act Paycheck Protection Program (PPP) allowed qualifying small businesses to receive forgivable or low interest loans to meet payroll costs and mortgage, rent, and utility payments.
David Adler Staveley, a/k/a Kurt David Sanborn, a/k/a David Sanborn, 54, of Andover, MA, admitted he conspired with David Andrew Butziger, 53, of Warwick, RI, to file four fraudulent PPP loan applications with a Rhode Island bank, falsely claiming they owned businesses with large monthly payrolls when, in fact, they did not own the businesses. Staveley admitted that he and Sanborn filed fraudulent loan applications seeking $185,570 to pay employees at Top of the Bay restaurant in Warwick, RI; $144,050 at Remington House Inn restaurant in Warwick, RI; $108, 777 at On The Trax restaurant in Berlin, MA; and $105,381 for employees at Dock Wireless, an unincorporated business.
Remington House Inn and On The Trax were closed at the time the loan applications were submitted, and remain closed; Staveley has no ownership interest in Top of the Bay; and Dock Wireless had no employees and no wages were ever paid by the business.
In May 2020, Staveley and Butziger became the first individuals in the nation charged with defrauding the CARES Act Paycheck Protection Program. Three weeks after appearing in federal court and being released to home detention with electronic monitoring, Staveley removed his electronic monitoring device and fled. Staveley staged his suicide by, among other things, leaving suicide notes with associates and in his car, which was located by the ocean in Massachusetts, unlocked and with his wallet inside. Law enforcement determined that between May 26 and July 23, 2020, Staveley, who was to have appeared in federal court on June 2, 2020, traveled to various states using false identities and stolen license plates. He was apprehended by the United States Marshals Service in Alpharetta, GA., on July 23, 2020.
Appearing today before U.S. District Court Judge Mary S. McElroy, Staveley pleaded guilty to conspiracy to commit bank fraud and failure to appear in court as required, announced Acting United States Attorney Richard B. Myrus. Staveley is scheduled to be sentenced on August 2, 2021.
Butziger pleaded guilty on September 18, 2020, to conspiracy to commit bank fraud. He is scheduled to be sentenced on June 23, 2021.
The cases are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by the Federal Bureau of Investigation and Internal Revenue Service Criminal Investigation.
The Justice Department acknowledges and thanks the SBA Office of Inspector General and the FDIC, Office of Inspector General for their assistance in the investigation.
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Grant County man admits to fentanyl chargeRead the Press Release
LKINS, WEST VIRGINIA – Kevin Wayne Fultz, of Maysville, West Virginia, has admitted to his role in a methamphetamine and fentanyl distribution operation, Acting U.S. Attorney Randolph J. Bernard announced.
Fultz, 32, pled guilty today to one count of “Aiding and Abetting Possession with Intent to Distribute of Fentanyl.” Fultz admitted to having fentanyl in Grant County in January 2020.
Fultz is facing up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Fresno Man Pleads Guilty to Interstate Marijuana ShipmentsRead the Press Release
FRESNO, Calif. — Elias Zambrano Jr., 41, of Fresno, pleaded guilty today to conspiring to distribute and possess with intent to distribute marijuana that was shipped from Fresno to Kansas City, Missouri, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, in November 2018, Zambrano’s co-defendants coordinated the shipment of nearly 500 pounds of marijuana to Kansas City. The first shipment was seized from Halen Frazier, of Kingsville, Missouri, during a traffic stop after Tien Van Phan, of Milpitas, delivered 92 pounds of marijuana to him in two suitcases at a hotel in Kansas City.
According to the plea agreement, Zambrano helped Patrick Maldonado, of Madera, to pack 384 pounds of marijuana for a second shipment that was placed in a hidden compartment in a trailer. David Agustus McGowan, of Kansas City, drove the truck that towed the trailer. That load was intercepted by Arizona troopers after stopping McGowan for a broken tail light on his truck. In addition to the marijuana, $1,629 in cash was seized.
Following these seizures, agents executed a search warrant at Zambrano’s residence in Fresno and found two loaded firearms, packaged bags of processed marijuana, and a money counter. As part of the plea agreement, Zambrano will forfeit the firearms, ammunition and magazines seized during the search.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force consisting of agents from the Drug Enforcement Administration; Homeland Security Investigations; the Federal Bureau of Investigation; the Sheriff’s Offices of Tulare, Kings, and Fresno Counties; the Fresno Police Department; the Arizona Department of Health; and the Kansas City Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Frazier and Phan previously pleaded guilty and were sentenced respectively to two years in prison and three and a half years in prison. Charges are pending against the remaining defendants. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Zambrano is scheduled for sentencing on Aug. 16. He faces a minimum statutory penalty of five years in prison, a maximum statutory penalty of 40 years in prison, and a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Seminole County Tax Collector Joel Micah Greenberg Pleads Guilty to Multiple Federal OffensesRead the Press Release
Orlando, Florida – Former Seminole County Tax Collector Joel Micah Greenberg (36, Lake Mary) today pleaded guilty to six federal offenses: sex trafficking of a child, illegally producing a false identification document, aggravated identity theft, wire fraud, stalking, and conspiracy. Each offense carries a separate penalty. Greenberg faces maximum terms of imprisonment of 20 years for wire fraud, 15 years for illegally producing a false identification document, 15 years for conspiracy, and 5 years for stalking. He also faces mandatory minimum sentences of imprisonment: of 10 years, and up to, life in prison for sex trafficking of a child, and of 2 years for aggravated identity theft. Greenberg will be ordered to pay restitution to his victims in amounts to be determined at his sentencing.
According to the plea agreement, Greenberg paid for commercial sex acts, including with an individual who was a minor for part of the time when Greenberg paid her to engage in those acts. Greenberg had met the minor on an internet website and he engaged in commercial sex acts with her on at least seven occasions when she was under the age of 18. Greenberg also introduced the minor to other adult men, who engaged in commercial sex acts with the minor in the Middle District of Florida.
On the day of his arrest and execution of a federal search warrant at his residence on June 23, 2020, Greenberg was found in possession of two fake drivers licenses in his wallet – each license contained the personal information of the victim but with Greenberg’s photograph. Greenberg used his position as Tax Collector to facilitate the production of those fake drivers licenses.
In addition, Greenberg used his position as Seminole County Tax Collector to embezzle and divert over $400,000 to benefit himself, including to purchase cryptocurrency, to operate a business that sold cryptocurrency mining machines, to mine cryptocurrency, and to purchase personal items, such as autographed sports memorabilia.
Greenberg also engaged in a course of conduct that caused and attempted to cause substantial emotional distress to a political opponent who worked in the Middle District of Florida, including by knowingly mailing false letters to the school where the employee worked. The letters claimed to be from an anonymous “very concerned student” of the school who claimed to know the school employee had engaged in sexual misconduct with a particular student.
After his federal arrest in June 2020, and while released on special conditions, Greenberg conspired with an employee of the Small Business Administration (SBA) and another individual to submit false claims to SBA for Economic Injury Disaster Loans, available under the CARES Act to businesses negatively affected by the COVID 19 pandemic. Greenberg and the SBA employee conspired to submit loan applications for two of Greenberg’s businesses falsely claiming the businesses were operating prior to February 2020, when in fact the State previously had administratively dissolved both business and Greenberg only reinstated them to apply for the loans. Greenberg and the SBA employee also conspired to apply for a third loan in Greenberg’s name. The loan applications provided false information about the revenues and numbers of employees for the businesses. As a result of the conspiracy, Greenberg received over $430,000, and he paid $16,000 of that to the individual who recruited him into the scheme, and $3,000 of it as a bribe to the SBA employee.
This case was investigated by United States Secret Service, the Federal Bureau of Investigation, and the U.S. Small Business Administration - Office of Inspector General, with assistance from the Osceola County Sheriff’s Office, the Seminole County Sheriff’s Office, and the United States Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys Roger B. Handberg and Jennifer M. Harrington.
Former Rapides Parish Sheriff's Office Deputy Sentenced for Assaulting InmatesRead the Press Release
ALEXANDRIA, La. – A former correctional officer with the Rapides Parish Sheriff’s Office (RPSO), Detention Center 1, in Alexandria, Louisiana, has been sentenced in federal court for violating the civil rights of three inmates in his custody.
Cody Richardson, 31, was sentenced by United States District Judge Dee D. Drell to 70 months (5 years, 10 months) in prison, followed by 2 years of supervised release. Richardson previously pleaded guilty on May 28, 2020 to three felony counts of using excessive force against pretrial detainees housed at the RPSO facility.
According to court documents and statements made during the hearing, Richardson, while on duty as a correctional officer in 2018, tased three different detainees who were restrained and/or not resisting, in violation of 18 U.S.C. § 242. Specifically, on January 28, 2018, Richardson tased detainee K.F. while K.F. had his hands up, causing him to fall to the ground, then continued to tase K.F. three more times despite the fact that he was not resisting. On February 24, 2018, Richardson drive-stunned detainee S.M. 15-20 times while S.M. was shackled to a bench by his ankles, then, after other officers secured S.M.’s wrists in handcuffs, continued tasing him and kicked him once in the abdomen. Finally, on March 19, 2018, Richardson deployed a Taser into detainee J.A.’s back, causing him to fall to the ground, then sat on top of a table in the cellblock and continued to activate the Taser four more times while J.A. thrashed on the floor, screaming in pain.
“Citizens who are detained by law enforcement officers have a right to be treated with fairness and respect,” said Acting United States Attorney Alexander C. Van Hook. “Those in law enforcement who choose to violate the civil rights of those in their custody and control must suffer the consequences of their actions.”
“These kinds of civil rights violations by correctional officers will not be tolerated,” said Pamela S. Karlan, Principal Deputy Assistant Attorney General for the Civil Rights Division. “By perpetrating these blatant and callous assaults on inmates, Richardson abused the authority granted to him as an officer of the law, undermined public trust in law enforcement, and caused harm to individuals whom he had a responsibility to protect. The Justice Department will continue to vigorously prosecute officers who violate the civil rights of vulnerable inmates in their care, and ensure that such officers are held accountable.”
This case was investigated by the FBI. Assistant United States Attorney Mary Mudrick of the Western District of Louisiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
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Former Rapides Parish Correctional Officer Sentenced for Violating the Civil Rights of Three InmatesRead the Press Release
A former correctional officer with the Rapides Parish Sheriff’s Office (RPSO), Detention Center 1, in Alexandria, Louisiana, was sentenced today in federal court for violating the civil rights of three inmates in his custody.
Cody Richardson, 31, was sentenced by U.S. District Court Judge Dee Drell to 70 months in federal prison for each count, to run concurrently, followed by two years of supervised release. Richardson previously pleaded guilty on May 28, 2020, to three felony counts of using excessive force against pretrial detainees housed at the RPSO facility.
According to court documents and statements made during the hearing, Richardson, while on duty as a correctional officer, tased three different detainees who were restrained and/or not resisting. Specifically, on Jan. 28, 2018, Richardson tased detainee K.F. while K.F. had his hands up, causing him to fall to the ground, then continued to tase K.F. three more times despite the fact that he was not resisting. On Feb. 24, 2018, Richardson drive-stunned detainee S.M. 15-20 times while S.M. was shackled to a bench by his ankles, then, after other officers secured S.M.’s wrists in handcuffs, continued tasing him and kicked him once in the abdomen. Finally, on March 19, 2018, Richardson deployed a taser into detainee J.A.’s back, causing him to fall to the ground, then sat on top of a table in the cellblock and continued to activate the taser four more times while J.A. thrashed on the floor, screaming in pain.
“These kinds of civil rights violations by correctional officers will not be tolerated,” said Principal Deputy Assistant Attorney General Pamela S. Karlan for the Justice Department’s Civil Rights Division. “By perpetrating these blatant and callous assaults on inmates, Richardson abused the authority granted to him as an officer of the law, undermined public trust in law enforcement, and caused harm to individuals whom he had a responsibility to protect. The Justice Department will continue to vigorously prosecute officers who violate the civil rights of vulnerable inmates in their care, and ensure that such officers are held accountable.”
“Citizens who are detained by law enforcement officers have a right to be treated with fairness and respect,” said Acting U.S. Attorney Alexander C. Van Hook of the Western District of Louisiana. “Those in law enforcement who choose to violate the civil rights of those in their custody and control must suffer the consequences of their actions.”
This case was investigated by the FBI. Trial Attorney Katherine DeVar of the Civil Rights Division and Assistant U.S. Attorney Mary Mudrick of the Western District of Louisiana prosecuted the case.
Former Manager of Contracted City Meal Program for HIV/AIDS Patients Pleads Guilty to TheftRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Barbara Conway, 62, of Drexel Hill, PA, entered a plea of guilty before United States District Court Judge Michael M. Baylson for stealing money from a meal program for sick and needy individuals which she managed as a contractor for the City of Philadelphia.
In November 2020, the defendant was charged by criminal information with theft from a program receiving federal funds. According to the Information, Conway served as the Food Voucher Coordinator while employed by the Philadelphia Health Management Corporation (PHMC), a public health agency contracted with the City of Philadelphia to administer a food voucher program funded by the federal government. While serving as the coordinator from 2015 through 2019, Conway stole over $35,000 in food vouchers that were supposed to be distributed as part of an emergency assistance package to people living with HIV/AIDS. This initiative is funded by the Ryan White HIV/AIDS Program, a federal program that provides grants to states, cities, counties, and other local organizations to fund care and treatment services for individuals living with the disease.
“Stealing money from federally-funded programs will be met with swift and serious consequences,” said Acting U.S. Attorney Williams. “Appallingly, Barbara Conway victimized people who are already facing the incredibly challenging life circumstance of living with HIV/AIDS and who require emergency assistance to meet basic life necessities while they bravely fight to get well. Our Office will continue to hold public employees and contractors responsible for this type of egregious behavior.”
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Office of the Inspector General, and is being prosecuted by Assistant United States Attorney Richard P. Barrett.
Florida Man Enters Guilty Plea Prior to Trial for Smuggling Marijuana Through the Cyril E. King AirportRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that Marvin Forbes, age 49, from Orlando, FL, pleaded guilty in federal court just prior to commencement of jury selection for his trial on the charge of Possession with Intent to Distribute 12.61 kilograms of Marijuana.
According to court documents, on June 19, 2020, Forbes arrived at the Cyril E. King Airport on St. Thomas on Spirit Airlines flight #1610 which departed from Fort Lauderdale, FL. Upon arrival in St. Thomas, United States Customs and Border Protection (CBP) officers conducted a 100% inspection of Spirit’s checked bags. CBP K-9 “Sherpa” later alerted to the presence of narcotics in Forbes’ checked bag. After Forbes removed his bag from the baggage claim belt, CBP officers approached Forbes and escorted him to secondary for inspection. In secondary, CBP officers cut a lock that was placed on Forbes’ suitcase after he failed to produce the key to open the lock. Inside Forbes’ suitcase, CBP officers discovered eight (8) vacuum sealed packages, each containing multiple smaller, individually vacuum sealed packages of marijuana with a total weight of 12.61 kilograms.
On June 22, 2020, Forbes was released on an unsecured bond and allowed to return to Orlando, FL. Two days later, however, Forbes was arrested in Orlando for larceny offenses. His supervised release was later revoked, and he was detained pending trial. After pleading guilty, Forbes was remanded to custody pending his August 6, 2021 sentencing.
This case was investigated by the Department of Homeland Security, Homeland Security Investigations and CBP. It was prosecuted by Assistant United States Attorney Delia Smith and is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Federal Jury Convicts Former Florida State University C.A.R.E. Students of Conspiracy, Bank Fraud, and Aggravated Identity TheftRead the Press Release
TALLAHASSEE, FLORIDA – Jason R. Coody, Acting United States Attorney for the Northern District of Florida, today announced the convictions of Kh’lajuwon Amari Murat, 21, of Miramar, Florida, and Ariel Apperlyn Smith, 22, of Coral Springs, Florida. The convictions came today after a four-day federal jury trial.
The jury heard evidence that Murat and Smith, along with other students who enrolled at Florida State University (“FSU”) in the Center for Academic Retention and Enhancement (“C.A.R.E.”) and Kadeem Telfort, a former student and football player at the University of Florida, conspired to defraud federally insured financial institutions between July 1, 2017, and October 31, 2017. The jury heard from thirteen witnesses – many of whom were former FSU students – and received over 300 exhibits in evidence. The evidence presented proved that Murat and Telfort used the Internet and text messaging to unlawfully obtain credit card and debit card account numbers belonging to third parties, and that they used those account numbers to fraudulently deposit funds into the student accounts of multiple FSU students, including accounts belonging to Murat and Smith.
The evidence demonstrated that the group communicated by cell phone and text messaging to plan the execution of the scheme. Specifically, the jury heard that Murat requested the student account numbers from FSU students and also requested that the FSU students purchase merchandise from the FSU Bookstore using funds that he and Telfort had fraudulently deposited or would later fraudulently deposit into those students’ accounts. The FSU students then gave the purchased merchandise to Murat and others and were permitted to keep any remaining balance of the funds that Murat and Telfort fraudulently deposited into their student accounts for their own personal use. The evidence proved that in total, the group fraudulently obtained and attempted to obtain approximately $53,000 in funds to which they were not entitled, and that FSU was victimized from chargebacks being issued by banks as a result of the fraudulent charges being disputed by the third-party debit and credit card accountholders.
The jury found Murat and Smith guilty of all counts as charged in the indictment. Murat was found guilty of conspiracy to commit bank and wire fraud, 16 counts of bank fraud, and six counts of aggravated identity theft. Smith was found guilty of conspiracy to commit bank and wire fraud and two counts of bank fraud.
Sentencing hearings for both defendants are scheduled for August 5, 2021, at 10:00 a.m., before the Honorable Judge Robert Hinkle at the United States Courthouse in Tallahassee. Both defendants face a potential maximum penalty of 20 years in prison for each conspiracy to commit bank fraud and bank fraud count, and Murat faces an additional 2-year mandatory minimum prison sentence, consecutive to any other sentence imposed, for each aggravated identity theft count.
These convictions were the result of a collaborative investigation by the Florida State University Police Department and the United States Secret Service. Assistant United States Attorney Justin M. Keen prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Fargo Man Sentenced to Federal Prison for His Involvement in a Violent RobberyRead the Press Release
FARGO - Acting United States Attorney Nicholas W. Chase announced today that U.S. District Court Chief Judge Peter D. Welte sentenced Teon Tyrik Berry, age 20, of Fargo, ND, to 57 months in federal prison for the charge of Interfere with Commerce by Threats and Violence – Hobbs Act Robbery. Judge Welte also sentenced Berry to three years of supervised released and $100 in special assessment fees.
On June 6, 2019, Berry and a group of young males and one female robbed a customer of commercial sex. Berry’s co-defendants posted an advertisement on "Skip the Games" promoting prostitution with adult women. The victim arranged to meet an individual for the purpose of commercial sex at an apartment building in Fargo. Using dangerous weapons, Berry and his co-defendants robbed the commercial sex customer by threats of force and actual force after he arrived at the apartment building just after midnight. Berry sought to take advantage of a customer of commercial sex whom he believed would be unwilling to go to law enforcement if he was robbed, but fortunately the victim called 911 immediately following the robbery.
This case was investigated by the Department of Homeland Security Investigation and the Fargo Police Department, and Assistant United States Attorney Jennifer Puhl prosecuted the case.
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Florida Man Acquitted on Charges of Kidnapping and Abusive Sexual ContactRead the Press Release
Acting United States Attorney Bob Murray announced today that CODY DONAVAN SMITH, age 21 of Naples, Florida was acquitted by a federal jury on one count of kidnapping and one count of abusive sexual contact.
Smith was originally indicted on March 18, 2020 by a federal grand jury. The trial took place in front of U.S. District Court Judge Nancy J. Freudenthal and lasted 4 days.
The incident was investigated by the National Park Service Investigative Services Branch, the Federal Bureau of Investigation, and the Rexburg Police Department. The case was prosecuted by Assistant United States Attorney Christyne Martens and Assistant United States Attorney Nicole Romine.
Essex County Man Admits Possession of MachinegunRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man with a prior felony conviction today admitted illegally possessing a machinegun, Acting U.S. Attorney Rachael A. Honig announced.
Anthony Reynolds, 26, of Newark, pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to one count of possession of a machinegun, one count of possession of a firearm and ammunition by a convicted felon, and one count of possession of a machinegun not registered to him in the National Firearms Registration and Transfer Record.
According to documents filed in this case and statements made in court:
On May 2, 2020, at approximately 8:40 p.m., Newark Police officers were conducting surveillance in marked patrol cars in the area of Summer Avenue and May Street in Newark, with the specific purpose of minimizing social gathering of citizens in order to prevent the spread of the COVID-19 virus.
As they traveled north on Summer Avenue, one of the officers observed several individuals congregating on the sidewalk within close proximity to each other. The officers stopped their patrol cars and exited their vehicles. One of the officers observed Reynolds remove a black handgun from the front of his waistband and place it underneath a parked vehicle. The officer then advised one of the other officers of his observations, at which point the other officer looked underneath the vehicle and observed a .40 caliber Glock 23 semiautomatic handgun which was loaded with 11 rounds of ammunition.
Law enforcement determined that the firearm was fitted with a Glock conversion device commonly referred to as “Glock Switch,” which has the effect of converting a semiautomatic Glock pistol into a machinegun.
A search incident to arrest revealed that Reynolds was also in possession of a small clear sandwich bag containing suspected marijuana and $655 in cash.
For each of the three counts, Reynolds faces a maximum penalty of 10 years in prison and a maximum fine of $250,000. Sentencing is scheduled for Sept. 22, 2021.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local and tribal authorities in investigating and prosecuting gun crimes; improves information sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensured that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see https://www.justice.gov/projectguardian.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Newark Division, under the direction of Acting Special Agent in Charge Craig B. Kailimai; and officers of the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
El Departamento de Justicia Resuelve Una Acusación de Discriminación Presentada Contra Aerojet Rocketdyne, Inc.Read the Press Release
WASHINGTON - El Departamento de Justicia anunció hoy que ha llegado a un acuerdo con Aerojet Rocketdyne, Inc. (Aerojet Rocketdyne), un fabricante de propulsión de misiles y cohetes. El acuerdo resuelve una acusación presentada por un residente permanente legal a quien Aerojet Rocketdyne se negó a considerar para un puesto de mecánico debido a su estatus migratorio. La investigación del Departamento concluyó que Aerojet Rocketdyne vulneró la disposición antidiscriminatoria de la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al considerar solamente a ciudadanos estadounidenses para 12 puestos de mecánico en Jupiter, Florida, sin contar con el fundamento legal necesario para lo mismo.
«Los empleadores no pueden restringir los puestos a ciudadanos de los EE. UU. al menos que sean requeridos por ley a hacerlo», afirmó la Fiscal General Auxiliar Adjunta Principal Pamela S. Karlan de la División de Derechos Civiles. «El Departamento felicita a Aerojet Rocketdyne por haber cambiado rápidamente sus prácticas al enterarse del problema y por su cooperación durante la investigación del Departamento».
Aerojet Rocketdyne construye y vende sistemas avanzados de propulsión y energética a clientes, entre ellos el gobierno estadounidense y empresas privadas. La investigación del Departamento determinó que Aerojet Rocketdyne no permitió a la Parte Demandante y a otros individuos no ciudadanos de los EE. UU. que solicitaran 12 puestos de mecánico, por motivos de su estatus de ciudadanía. Por otra parte, la investigación concluyó que la compañía malinterpretó las obligaciones que le incumben en virtud de los reglamentos federales, tales como los Reglamentos del Tráfico de Armas Internacionales de los Estados Unidos (ITAR, por sus siglas en inglés), por creer erróneamente que impusieron restricciones en la posibilidad de la compañía de contratar a personas no ciudadanas de los EE. UU., y no es así. La investigación también determinó que la compañía creó equivocadamente que algunos de sus contratos gubernamentales requerían que cubriesen los 12 puestos de mecánico con ciudadanos estadounidenses. Al enterarse de la investigación, Aerojet Rocketdyne fue comunicativo y rápidamente cambió sus prácticas para evitar futura discriminación.
La INA protege a ciudadanos estadounidenses, nacionales no ciudadanos, refugiados, asilados y residentes permanentes legales de la discriminación por motivos de su estatus de ciudadanía. La ley tiene una excepción para empleadores o reclutadores que, en virtud de una ley, regla u orden ejecutiva, están obligadas a restringir los puestos.
El acuerdo de hoy le obliga a Aerojet Rocketdyne a tomar unas medidas para garantizar su cumplimiento con la ley, lo que incluye capacitar a sus empleados de contratación en su sucursal en Jupiter, Florida. Asimismo, la compañía debe pagar una sanción civil que asciende a 37.008 $. Al igual que con otros acuerdos, la IER también supervisará a la compañía para garantizar que esté cumpliendo con el 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. Aprenda más sobre la discriminación por motivos de estatus de ciudadanía aquí.
Aquellos aspirantes o empleados que creen haber sido discriminados por motivos de su estatus de ciudadanía o 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.
Dover Man Pleads Guilty to Bank Fraud and Violating Supervised ReleaseRead the Press Release
CONCORD - Daniel Desrochers, 48, of Dover, pleaded guilty in federal court to committing bank fraud and violating his supervised release conditions, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, from December of 2019 until August of 2020, Desrochers maintained personal checking accounts at two separate banks in New Hampshire. In July of 2020, Desrochers registered his catering business, Legacy Hospitality, L.L.C. (Legacy) with the New Hampshire Secretary of State. He then opened a business bank account for Legacy at a third bank.
From July 27 through September of 2020, Desrochers defrauded the banks by engaging in a check-kiting scheme. He would make fraudulent check deposits into the Legacy business account and one of his personal accounts using checks written on the other personal account in amounts that exceeded the amount of money in that account. This would artificially inflate the apparent available balance in the receiving accounts. Desrochers would then withdraw funds through ATM withdrawals, debit card transactions and other electronic transfers before the financial institutions received notice that the checks were unpaid for insufficient funds.
In addition to pleading guilty to bank fraud, Desrochers also admitted that his actions violated the conditions of his supervised release for a previous felony wire fraud conviction.
Desrochers is scheduled to be sentenced on August 24, 2021.
“When defendants are placed on supervised release after serving a prison sentence, they have an opportunity to demonstrate that they can comply with the law and become productive members of society,” said Acting U.S. Attorney Farley. “Rather than take advantage of this opportunity, this defendant chose to engage in additional fraud crimes. As this case demonstrates, those who commit crimes after being released from prison will be caught and held accountable for their additional criminal conduct.”
This matter was investigated by the Federal Bureau of Investigation and the United States Probation Office. The case is being prosecuted by Assistant U.S. Attorney Cam Le.
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Detroit Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit, Michigan man pleaded guilty today to a federal drug crime.
According to court documents, Brandon William Jones, 42, admitted that on October 29, 2020, a confidential informant working with law enforcement conducted a controlled purchase of approximately 10.8 grams of suspected heroin for $1000 from Jones in the parking lot of 3090 16th Street Road in Huntington. After meeting the confidential informant, officers followed Jones to the area of 1584 Hal Greer Boulevard and arrested him. Officers found additional suspected heroin on Jones and the $1000 used in the controlled purchase. Jones also admitted that he was responsible for selling at least 20 kilograms of heroin in the Huntington area.
Jones pleaded guilty to distribution of heroin and faces up to 20 years in prison when sentenced on August 16, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement. Assistant United States Attorney Greg McVey is handling the prosecution.
The Huntington Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation. 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-00029.
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Convicted Felon Sentenced to 110 Months in Prison for Violent Incident During A Funeral ServiceRead the Press Release
MINNEAPOLIS – A Fond Du Lac man was sentenced today to 110 months in prison followed by three years of supervised release for illegally possessing and discharging a firearm in a school zone.
According to court documents, on October 18, 2019, Shelby Gene Boswell, 29, ran into a funeral service with a rifle and shot a person in the back of the head. The shooting victim was transported to the hospital and survived their injuries. The shooting took place on the grounds of Fond du Lac Head Start which is within a distance of 1,000 feet of the grounds of Fond du Lac Ojibwe High School. Because he has prior felony convictions in Beltrami County, Carlton County, and in U.S. District Court for the District of Minnesota, BOSWELL is prohibited under federal law from possessing firearms or ammunition at any time.
Acting U.S. Attorney W. Anders Folk for the District of Minnesota made the announcement after Chief U.S. District Judge John R. Tunheim sentenced the defendant.
This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minnesota Bureau of Criminal Apprehension, the Carlton County Sheriff’s Office, and the Fond du Lac Police Department.
Assistant U.S. Attorneys Andrew R. Winter and Bradley M. Endicott prosecuted the case.
Charlotte Man Is Sentenced to Nearly Five Years for Orchestrating an Investment SchemeRead the Press Release
CHARLOTTE, N.C. – Acting U.S. Attorney William T. Stetzer announced today that Joseph Maurice Deberry, a/k/a Joseph Maurice Dewberry, 57, of Charlotte, was sentenced by U.S. District Judge Max O. Cogburn Jr. to serve 57 months in prison for orchestrating an investment scheme that defrauded victims of hundreds of thousands of dollars. Deberry was also ordered to serve three years under court supervision and to pay full restitution to his victims.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Tommy D. Coke, Inspector in Charge of the Atlanta Division of the U.S. Postal Inspection Service (USPIS) which oversees Charlotte, join Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed plea documents and today’s sentencing hearing, from 2016 to June 2019, Deberry fraudulently obtained hundreds of thousands of dollars from more than a dozen investors. As part of the scheme, Deberry induced victims, many of whom he met through online dating platforms, to invest in entities with which he was affiliated, such as Pinnacle Investment Properties LLC and Place Capital Group LLC among others. Deberry typically represented to investors that their money would be used to further projects related to the construction of student housing at certain colleges in the Carolinas and other ventures.
To further promote the fraudulent scheme and to induce his victims to part with their money, Deberry lied about his education, employment background, and involvement in prior lawsuits and regulatory actions. He also lied about his previous success in student housing projects, and about how he would invest the victims’ money. For example, court documents show that Deberry lied about his studies at the London School of Economics even though he never attended, and falsely claimed that he had a successful career as an investment banker at Goldman Sachs, though he never worked there.
According to court documents, instead of using the victims’ money as he had represented, Deberry spent a significant portion of the victims’ funds to pay for personal expenses like rent, entertainment and travel. Deberry also actively concealed from his victims the fact that he was under a Cease and Desist Order from the state of North Carolina, which prohibited him from offering for sale, soliciting offers to purchase, or selling any securities in North Carolina. Deberry concealed this information from victims by, among other things, using the false name Maurice Dewberry.
On June 11, 2020, Deberry pleaded guilty to wire fraud.
In imposing the sentence today, the Court highlighted, among other things, the need to protect the public from further crimes of Deberry, who had defrauded a new victim even after he signed his plea agreement. The Court also took into account that Deberry had filed with the Court a fraudulent character letter on his behalf that purported to be from a former NFL player, when in reality the letter was a complete fabrication.
Deberry will be ordered to report to the federal Bureau of Prisons to begin serving his sentence upon designation of a federal facility.
The FBI’s Charlotte Field Office and the USPIS handled the investigation.
Assistant U.S. Attorney Daniel Ryan of the U.S. Attorney’s Office in Charlotte prosecuted the case.
Canadian National Sentenced for Human Smuggling ConspiracyRead the Press Release
A Canadian national was sentenced to 32 months in prison for conspiracy to bring undocumented immigrants to the United States for private financial gain in connection with his role in a scheme to smuggle undocumented immigrants from Sri Lanka through the Caribbean and into the United States.
Sri Kajamukam Chelliah, aka Mohan, aka Richie, 55, of Sri Lanka, pleaded guilty on Feb. 24, to conspiracy to bring aliens to the United States for private financial gain. Chelliah admitted to conspiring with others to facilitate the travel of undocumented immigrants from Sri Lanka through Haiti, Turks and Caicos Islands, and the Bahamas to the United States from on or about July 1, 2019, through on or about Oct. 10, 2019. During the course of the conspiracy, Chelliah worked with other human smugglers, arranging housing and transport for undocumented immigrants en route to Canada through the United States. Chelliah arranged for the individuals to be transported from the airport in Port Au Prince, Haiti, to a hotel where Chelliah housed and provided them with food. Chelliah then arranged for transportation by boat from Haiti to Turks and Caicos Islands, then to the Bahamas, and then by boat to Miami, Florida. Chelliah accompanied the individuals, including traveling with them by boat during their journey. The actions undertaken by Chelliah and co-conspirators in furtherance of their smuggling activities were done in exchange for payment.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division; Acting U.S. Attorney Juan Antonio Gonzalez of the Southern District of Florida; and Special Agent in Charge Anthony Salisbury of Homeland Security Investigations (HSI) Miami made the announcement.
HSI Miami investigated the case with assistance from the HSI Human Smuggling Unit and U.S. Customs and Border Protection. The investigation was conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
Trial Attorneys Rami S. Badawy and John Alex-Romano of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Brian Dobbins of the Southern District of Florida prosecuted the case with support from HRSP Trial Attorney Jim Hepburn. The Justice Department’s Office of International Affairs provided significant assistance in the investigation and in securing the defendant’s extradition to the United States. The Department of Justice gratefully acknowledges the government of Turks and Caicos Islands for their valuable assistance.
Cameroon man sentenced for wire fraud conspiracyRead the Press Release
HOUSTON - The leader and manager of an eight-man conspiracy has been ordered to federal prison for his role in a scheme to steal over $726,000 from a South Korean company, announced Acting U.S. Attorney Jennifer B. Lowery.
Frankline Bate Okpu, 35, is a legal permanent resident of Houston and pleaded guilty Jan. 25.
Today, U.S. District Judge Lynn N. Hughes ordered him to serve 36 months in prison. He was also ordered to pay $350,938 in restitution. Not a U.S. citizen, he may face removal proceedings following his prison term.
Okpu had orchestrated a scheme to steal money from Daesang Corporation, a producer of consumer foods based in Seoul, South Korea.
In the summer of 2017, Daesang sought to import frozen pork and chicken products from the United States for the upcoming Moon festival in South Korea. They contacted Trinity Food – a company who had held itself out to be a legitimate supplier of frozen food products.
Daesang communicated with Trinity via e-mail and whatsapp, ultimately entering into a contract with them. Daesang wired $726,000 into an account at a Bank of America in Houston that belonged to Okpu. Between September and December 2017, Okpu and his co-conspirators transferred the money to other accounts and converted it for their own use.
Okpu recruited others to set up bank accounts and cash checks at various banks in Houston; Miami, Florida; and Los Angeles, California, for a share in the stolen money.
Daesang never received the product they paid for and sought help from U.S. authorities.
Previously released on bond, Okpu was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Seven others have pleaded guilty for their roles in the scheme. A final man - Pascal Ayuk Ayuketta, 39, a citizen of Cameroon, is a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the nearest U.S. Marshal’s office at 1-877-WANTED-2.
The FBI and IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Edward Gallagher prosecuted the case.
Casper Man Sentenced to 10 Years on Child Pornography ChargesRead the Press Release
Acting United States Attorney Bob Murray announced today that LIAM VAN DAMME, age 21 of Casper, Wyoming was sentenced to 120 months of imprisonment, followed by 60 months of supervised release by U.S. District Court Judge Nancy J. Freudenthal. Van Damme was also ordered to pay a $200 special assessment fee and may be ordered to pay restitution through a separate court order.
Van Damme came to the attention of law enforcement when he uploaded child pornography using a Google account and a Smug-Flickr account. The Wyoming Division of Criminal Investigation Internet Crimes Against Children (ICAC) Task Force investigated the related Cybertip Reports from the National Center for Missing and Exploited Children. The investigation showed that Van Damme had images of children as young as toddlers being violently sexually abused. Additionally, he had surreptitiously recorded a young child he had access to while the child changed clothes. Van Damme then edited the video down to focus on the child’s genitalia.
The United States Attorney’s Office requested a prison sentence of 150 months but ultimately the court decided on 120 months. “The sexual exploitation of innocent children has to be the most heinous crime imaginable,” said Acting United State Attorney Bob Murray. “Predators like Van Damme create a demand that only leads to more kids being abused. It must stop. We will investigate, prosecute, and lock up anyone in possession of child pornography so we can put an end to this disgusting practice.”
The case was investigated by the ICAC, and the United States Immigration and Customs Enforcement under the Department of Homeland Security. The case was prosecuted by Assistant United States Attorney Christyne Martens.
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
- Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children.
- Participation of PSC partners in coordinated national initiatives.
- Increased federal enforcement in child pornography and enticement cases.
- Training of federal, state, and local law enforcement agents.
- Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
Buffalo Man Going to Prison for More Than 14 Years on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Dijon Harris, 54, of Buffalo, NY, who was convicted of possessing with intent to distribute 28 grams or more of crack cocaine, and possessing a firearm in furtherance of drug trafficking activity, was sentenced to serve 175 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that on September 5, 2014, law enforcement officers executed a search warrant at the defendant’s residence on Hewitt Avenue in Buffalo. They recovered crack cocaine; heroin; $120,485.00 in United States currency; four firearms; ammunition; and assorted drug paraphernalia including a grinder, two digital scales, razors, scissors, spoons, plastic straws, and packaging materials. The cash, firearms, ammunition, and a 2011 Lincoln MKX SUV were forfeited to the United States.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Stephen Belongia, and the Erie County Sheriff’s Office, under the direction of Sheriff Timothy Howard.
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Brooklyn Doctor Pleads Guilty to Illegal Distribution of NarcoticsRead the Press Release
Earlier today, in federal court in Brooklyn, Kesler Dalmacy, a medical doctor, pleaded guilty to illegal distribution of controlled substances. Dalmacy, who operated his medical practice out of an office in East Flatbush, prescribed narcotics to patients outside the course of his professional practice that lacked a legitimate medical purpose in exchange for cash payments. The proceeding was held before United States District Judge Ann M. Donnelly.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, Ray Donovan, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA), Peter C. Fitzhugh, Special Agent-in-Charge, Homeland Security Investigations, New York (HSI), Dermot F. Shea, Commissioner, New York City Police Department (NYPD), and Kevin P. Bruen, Acting Superintendent, New York State Police (NYSP), announced the guilty plea.
“The defendant, a medical doctor who swore an oath to do no harm, spread the scourge of addiction in our communities by writing bogus prescriptions for personal profit,” stated Acting United States Attorney Lesko. “This Office, in partnership with the DEA, HSI, NYPD and NYSP, will spare no effort in combatting the illegal distribution of addictive drugs, and in holding medical professionals like the defendant accountable to the fullest extent of the law.” Mr. Lesko also thanked the U.S. Department of Health and Human Services (HHS) and the New York State Department of Health’s Bureau of Narcotic Enforcement for their assistance during the investigation.
“Another day, another doctor disguised as a drug dealer. The defendant not only prescribed highly addictive controlled substances without a legitimate medical need, but also went out of his way to attempt to evade law enforcement. Today’s plea demonstrates that the defendant is taking responsibility for betraying the trust of his patients, his community, and his oath,” stated DEA Special Agent-in-Charge Donovan. “I commend the New York Division, Organized Crime Drug Enforcement Strike Force, Tactical Diversion Squad, the U.S Attorney’s Office for the Eastern District of New York, and our many law enforcement partners for their dedication, hard-work, and attention to the investigation and prosecution of this defendant.”
“The opioid epidemic our country continues to battle is exacerbated when unscrupulous individuals seek to profit from those struggling with addiction,” stated HSI Special Agent-in-Charge Fitzhugh. “The defendant exploited the weaknesses of fellow human beings in order to line his own pockets. HSI and our law enforcement partners remain steadfast in our pursuit to safeguard the public and hold individuals like Dr. Dalmacy accountable.”
“The primary work of a medical practitioner is to help patients. The work of this doctor did nothing but harm his victims, with no regard for their health. By taking payment for prescriptions, Dr. Dalmacy put his patients and the community he served at risk. I thank our law enforcement partners involved in this investigation, and together we will work to keep drugs off our streets, prevent prescription drug abuse and senseless deaths,” stated NYSP Acting Superintendent Bruen.
As set forth in the criminal complaint and court filings, between January 2014 and February 2020, Dr. Dalmacy illegally prescribed to patients thousands of pills of highly addictive controlled substances, including Adderall and Vicodin, in exchange for cash payments. Dr. Dalmacy wrote these prescriptions outside the course of his professional practice and without a legitimate medical purpose. To conceal the unauthorized prescriptions from law enforcement and oversight agencies, Dr. Dalmacy postdated prescriptions and provided multiple prescriptions to the same individual under different or fictitious names.
The arrest of Dr. Dalmacy is the result of an ongoing Organized Crime Drug Enforcement Task Forces (OCDETF) investigation led by the United States Attorney’s Office for the Eastern District of New York and the DEA. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the NYPD and the New York State Police, along with other key federal, state and local government partners, launched the Initiative to mount a comprehensive response to what the HHS Centers for Disease Control and Prevention called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 20 health care professionals; taken civil enforcement actions against a hospital, a pharmacy and pharmacy chain; removed prescription authority from numerous rogue doctors; and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being prosecuted by Assistant United States Attorneys Julia Nestor and Dylan A. Stern.
The Defendant:
DR. KESLER DALMACY
Age: 70
Brooklyn, New YorkE.D.N.Y. Docket No. 21-CR-258 (AMD)
Attorney General Announces Task Force to Combat COVID-19 FraudRead the Press Release
U.S. Attorney General Merrick B. Garland today directed the establishment of the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance enforcement efforts against COVID-19 related fraud.
“The Department of Justice will use every available federal tool—including criminal, civil, and administrative actions—to combat and prevent COVID-19 related fraud. We look forward to working with our federal government colleagues to bring to justice those who seek to profit unlawfully from the pandemic,” wrote Attorney General Garland in a memo announcing the Task Force.
The federal government responded to the far-reaching economic impacts of the COVID-19 pandemic with critical COVID-19 relief to workers and businesses affected by the pandemic. There has already been extraordinary vigilance, across the federal government, to help ensure that those much-needed public funds make it to Americans who are depending on them to feed their families and keep their businesses open. While it is impossible to keep all those intent on carrying out illegal COVID fraud schemes from doing so, the Department of Justice and its partner agencies have already been working to hold hundreds of bad actors accountable.
The Task Force will augment and incorporate the existing coordination mechanisms within the Department and will continue to work in close coordination with other efforts underway throughout the federal government. It will work closely with the Department’s interagency partners to share information and insights gained from prior enforcement experience, in order to reduce the potential threat to the American people and COVID-19 relief, and will help agencies tasked with administering these significant relief programs increase their fraud prevention efforts by providing any appropriate information law enforcement learns about fraud trends and illicit tactics. Additionally, it will also bolster efforts to investigate and prosecute the most culpable domestic and international criminals, prevent the exploitation of government assistance for personal and financial gain, and recover stolen funds.
Organized and led by the Deputy Attorney General, the Task Force includes several entities within the Department of Justice, including the Criminal and Civil Divisions, the Executive Office for United States Attorneys, and the Federal Bureau of Investigation. Key interagency partners, such as the Department of Labor, the Department of the Treasury, the Department of Homeland Security, the Small Business Administration, the Special Inspector General for Pandemic Relief (SIGPR), the Pandemic Response Accountability Committee (PRAC), and others, have been invited to be part of the Task Force.
The Department of Justice needs the public’s assistance in remaining vigilant and reporting suspected fraudulent activity. To report suspected fraud, contact the National Center for Disaster Fraud (NCDF) at (866) 720-5721 or file an online complaint at: https://www.justice.gov/disaster-fraud/webform/ncdf-disaster-complaint-form. Complaints filed will be reviewed at the NCDF and referred to federal, state, local, or international law enforcement or regulatory agencies for investigation.
Armed Gang Member Sentenced to 121 Months in Federal PrisonRead the Press Release
RALEIGH, N.C. – Mikal Huff, 19, of High Point, was sentenced on Friday May 14, to 121 months in prison for: 1) Conspiracy to Distribute and Possess With Intent to Distribute a Quantity of Heroin; 2) Distribution of a Quantity of Heroin and Aiding and Abetting; 3) Possession of a Firearm by a Convicted Felon. On December 16, 2020, Huff pled guilty to these charges.
According to court documents and evidence presented in court, on November 14, 2019, the New Hanover County Sheriff’s Office Narcotics Unit in an undercover capacity ordered a quantity of heroin from Shyreek Thatch. Thatch and Huff left an apartment on Park Avenue in Wilmington, North Carolina and arrived at a meeting location. Law enforcement attempted to arrest Thatch and Huff when they arrived. Both fled on foot. Thatch was arrested after he threw down the heroin. Huff slipped near a park car and lost his shoe and a loaded .40 caliber handgun. Huff was arrested shortly after thereafter.
The Sheriff’s Office served a search warrant on the Park Avenue apartment following the arrest of Thatch and Huff. Law enforcement found more than half a kilogram of a fentanyl/heroin mixture, almost two ounces of methamphetamine, and a quantity of crack cocaine, more than $4,000.00 (including money from a prior controlled purchase by law enforcement) and a loaded .40 caliber handgun. Two other persons were arrested at the residence.
The investigation uncovered that Thatch and Huff had transported drugs from the High Point area for distribution in New Hanover County. Huff, a validated gang member, was responsible for providing armed protection for the drugs while they were transported and sold. Huff was on probation for Discharging a Firearm into an Occupied Property at the time of his arrest.
Shyreek Thatch was sentenced previously for his role in this drug trafficking organization and received a prison sentence of 108 months in prison.
This investigation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. This OCDETF focuses on a Multi-State Drug Trafficking Organization and Gang Activity that has been responsible for the distribution of heroin, fentanyl, and methamphetamine throughout the United States.
G. Norman Acker, III, acting U.S. Attorney for the Eastern District of North Carolina made the announcement after the sentencing before U.S. District Judge James C. Dever III. The Drug Enforcement Administration, Federal Bureau of Investigation, Wilmington Police Department, and the New Hanover County Sheriff’s Office investigated the case. Assistant U.S. Attorney Timothy Severo prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-cr-00105-D.
Alleged ‘straw purchaser’ indicted for gun crimesRead the Press Release
Seattle – A 24-year-old Seattle man was arrested Friday May 14, 2021 on an indictment for making false statements to purchase firearms, announced Acting U.S. Attorney Tessa M. Gorman. Quandre Reshawn Cranshaw is charged with two counts of making false statements on a firearms transaction record and one count of making a materially false statement during a firearms purchase. Cranshaw made his initial appearance on the indictment today in U.S. District Court in Seattle.
“The background check system is based on the principle that the person who passes the background check is the actual buyer of the firearm,” said Acting U.S. Attorney Gorman. “It is a federal felony to pretend that you are buying a firearm for yourself when you are really buying the firearm for someone else who cannot pass a background check. The Department of Justice is committed to stopping ‘straw buyers’ from purchasing firearms for felons who cannot buy firearms legally.”
According to the indictment, on three different days in March 2021, Cranshaw made false statements on forms he filled out at a federally licensed firearms dealer to purchase guns. On March 10 and March 30, 2021, he provided a false address when he filled out paperwork to purchase handguns. On March 19, 2021, Cranshaw purchased 11 guns and falsely stated that he was the actual buyer of the firearms when he was actually purchasing firearms for other people. Three of the firearms that he purchased were seized less than 12 hours after the purchase, during a traffic stop of a convicted felon.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
Making false statements on a firearms transaction records punishable by up to five years in prison. Making a materially false statement during a firearms purchase is punishable by up to ten years in prison.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). The case is being prosecuted by Assistant United States Attorney Jessica Manca.
Alleged Fraudsters Charged with Bribing Patients and Fraudulently Billing Medicaid for Psychosocial Rehabilitation ServicesRead the Press Release
Miami, Fl. – A federal grand jury returned an indictment last week charging Miami residents Lorena Osella, 43, and Juan Luis Matos, 58, with running a mental health care fraud scheme that bilked Medicaid out of almost $1 million.
According to the indictment, Osella owned Lighthouse Community Center LLC, a clinic in Doral, Florida that claimed to offer psychosocial rehabilitation (PSR) services, a type of mental health counseling designed to help people with depression, anxiety, and other mental disorders cope with their conditions and improve their ability to perform job tasks and daily life activities. Osella and Matos used bribes to generate business for the clinic, says the indictment: They offered and paid kickbacks to Medicaid beneficiaries. In exchange, the beneficiaries registered as patients with the clinic and agreed to receive PSR services via telemedicine that they either did not need or that were not billed as provided. During the time they fraudulently billed Medicaid, Osella and Matos are charged with illegally receiving Florida unemployment benefits as well.
The indictment charges Osella and Matos with conspiring to defraud the United States and to pay health care kickbacks, paying kickbacks in connection with a federal health care program, and theft of government property. In addition, the indictment charges Osella with conspiring to, and committing, health care fraud and wire fraud. The count charging conspiracy to commit health care fraud and wire fraud count is punishable by a maximum potential penalty of 20 years in prison. The counts charging health care fraud, anti-kickback violations, and theft of government funds are each punishable by a maximum potential penalty of 10 years in prison. Finally, the conspiracy to pay kickbacks is punishable by a maximum potential penalty of five years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney for the Southern District of Florida Juan Antonio Gonzalez and Special Agent in Charge Omar Pérez Aybar, Health and Human Services – Office of Inspector General (HHS-OIG) announced the charges.
HHS-OIG investigated the case. Assistant United States Attorney Timothy Abraham is prosecuting the case. AUSA Emily Stone is handling asset forfeiture.
An indictment is a charging instrument containing allegations. A defendant is presumed innocent unless and until proven guilty in a court of law.
You may find court documents and other information at http://pacer.flsd.uscourts.gov, under case number 21-cr-20299.
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