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21 June 2021
Kanawha County Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BECKLEY, W.Va. – A Kanawha County man pleaded guilty today to a child pornography charge.
According to the plea agreement and statements made in court, Steven Alfred Bennett, 56, of Montgomery, admitted that in October 2020, he contacted a woman via Craigslist who was allegedly located in Beckley, West Virginia. During those conversations, he arranged to meet the woman in Beckley and to pay $150 to engage in sexual activity with an 11-year-old girl that the woman had stated was her daughter. However, Bennett did not meet at the arranged time after he saw a local news story about a man getting arrested for responding to the same Craigslist ad. A subsequent search of Bennett’s home found computers that contained suspected child pornography, including an image of a prepubescent female he had received via a Skype conversation in 2016.
Bennett pleaded guilty to receipt of child pornography and faces at least 10 years and up to 20 years in prison when he is sentenced on October 18, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Kanawha County Sheriff’s Office and the FBI Child Exploitation and Human Trafficking Task Force.
United States District Judge Frank W. Volk presided over the hearing. Assistant United States Attorney Jennifer Rada Herrald is handling the prosecution.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-00020.
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Jury Convicts San Antonio Man for COVID-19-Related HoaxRead the Press Release
SAN ANTONIO – A federal jury today convicted 40-year-old Christopher Charles Perez, aka “Christopher Robbins,” with perpetrating a COVID-19-related hoax in April of last year.
Jurors convicted Perez on two counts of 18 U.S.C. § 1038, which criminalizes false information and hoaxes related to biological weapons. Evidence presented during trial revealed that Perez posted two threatening messages on Facebook in which he claimed to have paid someone who was infected with COVID-19 to lick items at grocery stores in the San Antonio area because he was trying to scare people away from visiting the stores. On April 5, 2020, a screenshot of the initial posting was sent by an online tip to the Southwest Texas Fusion Center (SWTFC), which then contacted the FBI office in San Antonio for further investigation. To be clear, the threat was false; Perez did not pay someone to intentionally spread coronavirus at grocery stores, according to investigators and Perez’s own admissions.
“Our community feels safer when we are free from this type of hoax threat. When Perez posted his threats on-line, his hoax posed a very real risk of spreading panic throughout our community at a time when the public was already facing the difficult challenges of a global pandemic. The jury verdict today affirms that hoax threats such as this merit investigation and prosecution,” said U.S. Attorney Ashley C. Hoff.
Perez faces up to five years in federal prison for each count of conviction. Sentencing is scheduled for September 20, 2021, before U.S. District Judge David A. Ezra.
“The verdict in this case sends a clear message that the FBI and our law enforcement partners take threats seriously,” said Special Agent in Charge Christopher Combs of the FBI’s San Antonio Division. “Making threats, even those which are not carried out, poses a significant cost on our community. Law enforcement agencies have limited resources and responding to hoax threats diverts officers and costs taxpayers. Perez’s threats, made during a pandemic, targeting a business making every effort to provide food, medicine and vital necessities to our community, likely added to the fear and confusion during a difficult time.”
The FBI’s Joint Terrorism Task Force, along with Weapons of Mass Destruction personnel, conducted this investigation. Assistant U.S. Attorneys Mark Roomberg, William R. Harris and Kelly Stephenson are prosecuting the case.
If you think that you or your family are the victims of a scam or attempted fraud involving coronavirus, you can report it without leaving your home. Please contact the National Center for Disaster Fraud Hotline at 866-720-5721 or by email at [email protected]. If it’s a cyber scam, you may also submit your complaint at www.ic3.gov.
Learn more about coronavirus-related frauds, as well as combatting and reporting the hoarding and price gouging of critical supplies, from the Department of Justice: https://www.justice.gov/coronavirus.
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Jury Convicts Nebraska Man of CyberstalkingRead the Press Release
Acting United States Attorney Jan Sharp announced that Dennis Sryniawski, age 48, of Bellevue, Nebraska, was convicted on June 21, 2021 of Cyberstalking after a three-day jury trial. United States District Judge Brian C. Buescher accepted the jury’s verdict, ordered a presentence investigation, and set sentencing for September 22, 2021. Sryniawski faces up to five years in prison.
This was the first Cyberstalking trial in the District of Nebraska. The federal Cyberstalking statute prohibits using an electronic communication service to engage in a course of conduct with the intent to harass, intimidate or cause substantial emotional distress to a person or immediate family members, where the conduct did cause, attempt to cause or reasonably would be expected to cause such persons to experience substantial emotional distress.
The evidence presented at trial showed that Sryniawski sent six emails on two different days in 2018 to a candidate for the Nebraska Legislature. The emails were sent from two different accounts. One email was sent under Sryniawski’s name, but the others were sent under phony names. Sryniawski had previously been married to the candidate’s wife. The initial email contained personal details about the candidate’s wife and accusations concerning the candidate’s stepdaughter, and a later email included explicit photos purportedly of each. The emails asked the candidate to withdraw from the race and conveyed the message that, if he did not, the personal details and explicit photos of his wife and stepdaughter would be released.
This case was investigated by the Federal Bureau of Investigation and the La Vista Police Department.
Judge sentences St. Louis man to seven years for role in armed robberyRead the Press Release
ST. LOUIS – United States District Judge Rodney W. Sippel sentenced Larry Henry to 84 months in prison today. The 29-year-old St. Louis, Missouri resident pleaded guilty to one count of armed robbery and one count of brandishing a firearm in furtherance of that crime of violence.
On January 10, 2020, Henry and two others went inside the Pure Pleasure business located in the 2600 block of North Broadway in St. Louis and announced a robbery. Henry, as well as the two others, displayed firearms to store employees.
While armed, Henry served as a lookout at the store’s entrance while his two accomplices interacted with the store employees by jumping the store’s counter, pointing firearms at the employees, and demanding that an employee place the store’s money inside of a bag. The employee complied. Henry and the two others then fled from the store in a vehicle.
Days later, Henry was caught in the possession of a firearm while driving the same vehicle used to commit the robbery.
The St. Louis Metropolitan Police Department investigated the case.
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Jacquelyn M. Kasulis Appointed Acting United States Attorney for the Eastern District of New YorkRead the Press Release
Jacquelyn M. Kasulis has begun serving as Acting United States Attorney for the Eastern District of New York, as per the Vacancies Reform Act. Ms. Kasulis was sworn in today by Chief Judge Margo K. Brodie, United States District Court Judge for the Eastern District of New York. Ms. Kasulis was also appointed First Assistant U.S. Attorney as per the Vacancies Reform Act and will continue to hold that position as well. Ms. Kasulis has served as the Chief Assistant United States Attorney since March 2021. In that role she has been second-in-command of the U.S. Attorney’s Office and responsible for overseeing the Criminal, Civil, Administrative and Appeals Divisions and the day-to-day operations of the Office, including the Office’s COVID-19 response. Ms. Kasulis succeeds Mark J. Lesko who will soon be appointed Acting Assistant Attorney General for the Department of Justice’s National Security Division.
“I am honored to serve as the Acting U.S. Attorney for the Eastern District of New York. After serving as an Assistant U.S. Attorney for over a decade, and overseeing the work of the Criminal and Civil Divisions, I look forward to leading and supporting the men and women of the Office as they work tirelessly with our law enforcement and agency partners to ensure the safety of our community and pursue the cause of justice,” stated Acting U.S. Attorney Kasulis. “I am especially grateful to the members of the Office for their unwavering commitment to the people of this District and the country during the pandemic, and look forward to assisting the Office as it emerges from the unprecedented challenges of the last year.”
Ms. Kasulis joined the U.S. Attorney’s Office in January 2008 and has served in the General Crimes, Organized Crime, and Business & Securities Fraud Sections. From September 2014 to November 2015, Ms. Kasulis served as Deputy Chief in General Crimes for the Office. She later served as Deputy Chief in the Business & Securities Fraud Section from November 2015 to March 2017 and was appointed Chief of the Business & Securities Fraud Section in March 2017.
Ms. Kasulis began serving as Acting Chief of the Criminal Division in March 2019 and was appointed Chief of the Criminal Division in June 2019. She established and supervised the Office’s Bank Integrity Task Force. She was also selected to be a member of the Department of Justice’s Criminal Chiefs Working Group.
Ms. Kasulis led the Office’s investigation and prosecution of three individuals, including two former Goldman Sachs bankers and a wealthy Malaysian financier, for their participation in a multi-billion dollar money laundering and bribery conspiracy related to 1 Malaysia Development Berhad (lMDB), Malaysia’s investment development fund. In October 2020, Goldman Sachs entered into a three-year deferred prosecution agreement and one of Goldman Sachs’ Malaysian subsidiaries pleaded guilty to a one-count criminal information charging conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act. As part of that resolution, Goldman Sachs admitted to paying over $1.6 billion in bribes to high-ranking Malaysian and Abu Dhabi officials to obtain lucrative business deals, including underwriting three bond deals between 2012 and 2014 that totaled $6.5 billion, of which $2.7 billion was embezzled. Goldman Sachs agreed to pay $2.9 billion in penalties -- with $1.2 billion paid to the United States Treasury -- as part of a global resolution with eight different foreign and domestic authorities. The Goldman Sachs resolution represents the largest penalty ever paid to U.S. authorities in a foreign bribery case; the most civil and criminal authorities to ever coordinate on any corporate resolution; and the most bribes paid in a foreign bribery scheme prosecuted by the United States.
Ms. Kasulis was the lead Assistant U.S. Attorney in United States v. Martin Shkreli, a high-profile six-week trial in the summer of 2017. Shkreli was charged in four interrelated fraud schemes that resulted in over $20 million in losses to investors, including two fraud schemes related to hedge funds he founded and ran and two additional frauds related to a pharmaceutical company Shkreli founded. Shkreli was convicted of three of the four fraud schemes and sentenced to seven years’ imprisonment.
Additionally, Ms. Kasulis led the investigation and prosecution in United States v. Bandfield, et al., in which 10 defendants and six corporations were charged with orchestrating a massive offshore securities fraud, money laundering and tax evasion schemes. As part of that scheme, the defendants laundered approximately $250 million in securities fraud proceeds and were involved in approximately 40 “pump and dump” schemes. The case represents the first criminal prosecution under the Foreign Account Tax Compliance Act (FATCA).
In United States v. Mitchell, et al., Ms. Kasulis participated in the investigation and prosecution of the Executive Chairman of Forcefield Energy, a NASDAQ-listed company, and nine other individuals -- including five registered broker dealers -- for their role in a $131 million market manipulation scheme involving a network of corrupt investors, stock promoters and broker dealers. In United States v. Peister, Ms. Kasulis led the prosecution and conviction of an investment fund manager who defrauded approximately 75 investors by orchestrating a $17 million Ponzi scheme on Long Island.
During her time in the Organized Crime Section, Ms. Kasulis led the prosecution of over 15 Genovese crime family members and associates in United States v. Depiro, et al., including the conviction of three consecutive International Longshoremen’s Association union presidents for their involvement in a 30-year extortion scheme in which longshoremen were extorted at Christmastime every year at the direction of the Genovese crime family. Ms. Kasulis also led the trial team in United States v. Burke, in which the defendant, a Gambino crime family associate, was convicted of racketeering conspiracy, with predicate acts including two murders, and was sentenced to life imprisonment.
Ms. Kasulis graduated from Columbia Law School in 2003 and received her B.A. in History from Davidson College. After graduation, Jackie worked as a litigation associate for four years at Kirkland & Ellis LLP in New York.
Indianapolis man sentenced for making racially motivated threats toward neighborRead the Press Release
INDIANAPOLIS – An Indianapolis man was sentenced today to 46 months in prison and 3 years supervised release for violations of the criminal provision of the Fair Housing Act, and for unlawfully possessing firearms.
Shepherd Hoehn, 51, had previously pleaded guilty to these charges on February 12, 2021. According to court documents and statements made during the hearing, on June 18, 2020, a construction crew began working at the direction of Hoehn’s neighbor to remove a tree from the neighbor’s property. Upon learning of the tree removal, Hoehn became angry and took several steps to threaten, intimidate, and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor’s property; created and displayed a swastika on the outer side of his fence, facing his neighbor’s property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song “Dixie” on repeat; and threw eggs at his neighbor’s house. On July 1, 2020, the FBI executed a federal search warrant at Hoehn’s home. During the search, several firearms and drug paraphernalia were located.
“Today, Mr. Hoehn was held responsible for his vile conduct,” said Acting U.S. Attorney John E. Childress. “We are a diverse nation, bound together by shared values and beliefs. We are also a nation of laws. Those like Mr. Hoehn who would betray our shared values and beliefs through behavior such as this rightly suffer the penalties our laws prescribe.”
“Incidents of harassment and intimidation such as this are intended to create fear and this sentence clearly shows targeting someone based on race, sexual identity or religious beliefs will not be tolerated,” said Special Agent in Charge Paul Keenan of the FBI Indianapolis Division. “Crimes motivated by bias will continue to be investigated by the FBI and our law enforcement partners, and perpetrators held responsible for their actions.”
This case was investigated by the Federal Bureau of Investigation, with assistance from the Lawrence Police Department.
Assistant United States Attorney Brad Shepard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
For more information and resources on the department’s efforts to combat hate crimes, visit www.justice.gov/hatecrimes. If you believe you have been a victim of a civil rights violation, please visit: https://civilrights.justice.gov/ to file a report. Individuals can also call the U.S. Attorney’s Office Southern District of Indiana Civil Rights Coordinator, Jeffrey D. Preston, at 317-226-6333, or the Department of Justice Civil Rights Division in Washington D.C. at 855-856-1247 (toll free).
Individuals who believe they are the victim of a criminal violation of their civil rights, such as misconduct by law enforcement officers, a hate crime, or human trafficking, should contact their local FBI office.
Indiana Man Sentenced to 46 Months in Prison for Making Racially Motivated Threats Toward Black Neighbor and for Unlawfully Possessing FirearmsRead the Press Release
An Indiana man was sentenced Friday in federal court for making racially motivated threats to intimidate and interfere with his neighbor, who is Black, in violation of the criminal provision of the Fair Housing Act, and for unlawfully possessing firearms.
Shepherd Hoehn, 51, was sentenced by U.S. District Court Judge Jane Magnus-Stinson to 46 months in federal prison and three years of supervised release for these offenses. Hoehn previously pleaded guilty to these charges on Feb. 12, 2021.
According to court documents and statements made during the hearing, on June 18, 2020, a construction crew began working at the direction of Hoehn’s neighbor to remove a tree from the neighbor’s property. Upon learning of the tree removal, Hoehn became angry and took several steps to threaten, intimidate and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor’s property; created and displayed a swastika on the outer side of his fence, facing his neighbor’s property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song “Dixie” on repeat; and threw eggs at his neighbor’s house. On July 1, 2020, the FBI executed of a federal search warrant at Hoehn’s home. During the search, several firearms and drug paraphernalia were located.
“Every person in the United States has the right to live in their home free from the threat of violence based on race,” said Assistant Attorney General Kristen Clarke for the Justice Department’s Civil Rights Division. “The federal government will not tolerate, and will prosecute to the fullest extent the law allows, the sort of race-based threat that this defendant engaged in. We will continue fighting against racially motivated conduct, too often used to drive people from their homes and their communities.”
“Mr. Hoehn was held responsible for his vile conduct,” said Acting U.S. Attorney John E. Childress of the Southern District of Indiana. “We are a diverse nation, bound together by shared values and beliefs. We are also a nation of laws. Those like Mr. Hoehn who would betray our shared values and beliefs through behavior such as this rightly suffer the penalties our laws prescribe.”
“Incidents of harassment and intimidation such as this are intended to create fear and this sentence clearly shows targeting someone based on race, sexual identity or religious beliefs will not be tolerated,” said Special Agent in Charge Paul Keenan of the FBI Indianapolis Division. “Crimes motivated by bias will continue to be investigated by the FBI and our law enforcement partners, and perpetrators held responsible for their actions.”
This case was investigated by the FBI, with assistance from the Lawrence Police Department. Assistant U.S. Attorney Brad Shepard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division prosecuted the case.
Independence Man Sentenced to 10 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – An Independence, Missouri, man who led police officers on a chase in a stolen car, causing a collision with another vehicle, was sentenced in federal court today for illegally possessing a firearm.
Cameron D. Smith, 25, was sentenced by U.S. District Judge Roseann Ketchmark to 10 years in federal prison without parole.
On Jan. 27, 2021, Smith pleaded guilty to being a felon in possession of a firearm. Cameron admitted that he was in possession of a Hi-Point 9mm semi-automatic handgun on March 21, 2020.
Police officers saw Smith driving a stolen Ford Mustang at the intersection of 23rd Street and Hardesty Avenue on March 21, 2020. Officers followed the vehicle while stop sticks were set up ahead of the vehicle. When officers activated their emergency lights and siren, Smith refused to pull over and instead accelerated away. Smith made a sharp left turn in an effort to avoid the stop sticks, and in doing so, became involved in a collision with another vehicle at Truman Road and Cleveland Avenue.
The Mustang was damaged in the collision but Smith continued the pursuit. Eventually, Smith abandoned the vehicle in the middle of the road and fled on foot. As he got out of the car, officers saw a pistol in his hand. An officer chased Smith on foot, losing sight of him for a moment behind a fence. When the officer made his way around the fence, he saw that Smith had stopped running and was standing with his empty hands in the air. Smith refused to comply with orders to get on the ground, so the officer took Smith to the ground. Smith continued to resist arrest by refusing to place his hands behind his back. More officers arrived and assisted in placing Smith into custody.
Officers searched the area and found the loaded handgun in the area where Smith was arrested.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Smith was on state probation at the time of the federal offense for an armed robbery conviction. Smith also has prior felony convictions for tampering with a motor vehicle and property damage.
This case was prosecuted by Assistant U.S. Attorney Joseph M. Marquez. It was investigated by the Kansas City, Mo., Police Department.
Huntington Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – Anthony Tevan Tyner, 24, was sentenced today to 26 months in prison for being a prohibited person in possession of a firearm.
According to court documents, on August 29, 2019, law enforcement officers were conducting an investigation into the purchases of multiple firearms that led them to a Huntington address where Tyner lived. Tyner admitted to law enforcement that he was a daily user of marijuana. Tyner also admitted that in a nearby vehicle he had in his possession a loaded I.O. Inc. model 10-15, multi-caliber rifle.
Acting United States Attorney Lisa G. Johnston commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Huntington Violent Crime and Drug Task Force.
United States District Judge Robert C. Chambers imposed the sentence. Assistant United States Attorney Ryan A. Keefe handled the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:19-cr-00259.
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Hartford Man Sentenced to Federal Prison for Gang-Related Drug SalesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JOSHUA JENKINS, 28, of Hartford, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 21 months of imprisonment, followed by three years of supervised release, for distributing fentanyl and crack cocaine.
According to court documents and statements made in court, in July 2019, after a spate of gun violence in Hartford, the FBI’s Northern Connecticut Gang Task Force, DEA, Hartford Police Department and other law enforcement agencies initiated an investigation targeting gang-related drug distribution and associated violence in north Hartford. Investigators determined that a significant amount of the gun violence was committed by members of two groups, the DUMOUTS and the Hoodstars.
Between July and September 2019, investigators made three controlled purchases of fentanyl, followed by three controlled purchases of fentanyl and crack, from Jenkins. It is alleged that Jenkins has been a member of the DUMOUTS.
Jenkins was arrested on September 13, 2019. On July 9, 2020, he pleaded guilty to one count of possession with intent to distribute, and distribution of fentanyl and cocaine base (“crack”).
Jenkins has been detained since January 25, 2021, after he violated the conditions of his release and his bond was revoked.
The FBI’s Northern Connecticut Gang Task Force includes members of the Hartford Police Department, East Hartford Police Department, New Britain Police Department, West Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Grand Jury - June 2021Read the Press Release
Acting United States Attorney Jan W. Sharp announced the federal Grand Jury for the District of Nebraska has returned 16 unsealed Indictments charging 17 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Kobe Amerson, age 18, of Lincoln, Nebraska, is charged in a three-count Indictment. Count I charges Amerson with unlawful user in possession of firearms on or about September 30, 2020, and on or about June 4, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about September 30, 2020 and on or about June 4, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute 50 kilograms or more of Marijuana on or about September 30, 2020 and on or about June 4, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a two-year term of supervised release, $100 special assessment.
* Angela Michelle Brown, age 45, of Omaha, is charged in a three-count Indictment. Count I charges Brown with conspiracy to distribute and possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about October 13, 2017 and continuing to on or about April 16, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 5 grams or more of Methamphetamine (actual) on or about April 16, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count III charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about April 16, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Jose Cerritos-Valdez, age 45, is charged with reentry of a removed alien after having been convicted of a felony on or about June 10, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Joseph Thomas Crum, Jr., age 29, is charged with escape from custody on or about January 29, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Isaiah James Dorsey, age 19, of Lincoln, Nebraska, is charged in a two-count Indictment. Count I charges Dorsey with production of child pornography on or about November 22, 2019. The maximum possible penalty if convicted is 30 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $5,000 additional special assessment. Count II charges the defendant with distribution of child pornography beginning on or about November 22, 2019 to on or about November 19, 2020. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $5,000 additional special assessment.
* Riley Griffy, age 28, of Omaha, is charged in a three-count Indictment. Count I charges Griffy with unlawful transfer or possession of a machine gun on or about April 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges the defendant with receipt or possession of an unregistered firearm on or about April 15, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count III charges the defendant with tampering with evidence on or about June 2, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, a three-year term of supervised release, $100 special assessment.
* James Robert Haage, age 29, of Omaha, is charged in a three-count Indictment. Count I charges Haage with conspiracy to distribute and possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about November 2, 2020 and continuing to on or about May 26, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about December 29, 2020. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count III charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about December 29, 2020. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Elmer Rene Hernandez, age 42, of Omaha, and Kenneth G. Flowers, age 47, of Omaha, are charged in a two-count Indictment. Count I charges Hernandez and Flowers with conspiracy to distribute and possession with intent to distribute 50 grams or more of Methamphetamine on or about March 16, 2021 and continuing to on or about March 18, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges Hernandez with felon in possession of a firearm on or about March 18, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency seized on or about March 18, 2021.
* Ryan T. Logan, age 41, is charged in a two-count Indictment. Count I charges Logan with distribution of a controlled substance resulting in serious bodily injury, methamphetamine powder that tested positive for heroin and fentanyl, on or about October 21, 2019. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges Logan conspiracy to distribute Heroin on or about September 2019 and continuing to on or about October 21, 2019. The maximum possible penalty if convicted is 20 years’ imprisonment, $1,000,000 fine, a three-year term of supervised release, $100 special assessment.
* Eduardo Marquez, age 26, is charged in a four-count Indictment. Count I charges Marquez with possession with intent to distribute 500 grams or more of Cocaine on or about May 25, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count II charges the defendant with possession with intent to distribute 10 grams or more of Fentanyl on or about May 25, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $5,000,000 fine, a four-year term of supervised release, $100 special assessment. Count III charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about May 25, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
Count IV charges the defendant with addict in possession of a firearm on or about May 25, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Dammon Mayfield, age 28, of Omaha, is charged with felon in possession of firearms on or about May 27, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Octavio Padilla-Garcia, age 35, is charged possession with intent to distribute 500 grams or more of Methamphetamine on or about February 19, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment.
* Darnell L. Polite, age 42, of Omaha, is charged in a two-count Indictment. Count I charges Polite with possession with intent to distribute 50 grams or more of Methamphetamine (actual) on or about April 8, 2021. The maximum possible penalty if convicted is life imprisonment, $10,000,000 fine, a five-year term of supervised release, $100 special assessment. Count II charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about April 8, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Jose Rivera-Pacheco a/k/a Hector Felix-Palomares, age 36, is charged with felon in possession of firearms on or about April 27, 2021. The maximum possible penalty if convicted is 10 years’ imprisonment, $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Marco A. Vallecillo, age 25, is charged in a four-count Indictment. Count I charges Vallecillo with possession with intent to distribute Marijuana on or about April 26, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a two-year term of supervised release, $100 special assessment. Count II charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about April 26, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment. Count III charges the defendant with possession with intent to distribute Marijuana on or about June 4, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, $250,000 fine, a two-year term of supervised release, $100 special assessment. Count IV charges the defendant with use and possession of a firearm in furtherance of a drug trafficking crime on or about June 4, 2021. The maximum possible penalty if convicted is life imprisonment, $250,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Cody D. Vancura, age 27, of Hayes Center, Nebraska, is charged in a four-count Indictment. Count I charges Vancura with sexual exploitation of children after a prior sexual exploitation conviction on or about April 2, 2021. The maximum possible penalty if convicted is 50 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $50,000 additional special assessment. Count II charges the defendant with receipt and distribution of child pornography with prior conviction on or about June 12, 2020 to on or about May 12, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $35,000 additional special assessment. Count III charges the defendant with transportation of child pornography with prior conviction on or about June 12, 2020 to on or about May 12, 2021. The maximum possible penalty if convicted is 40 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $35,000 additional special assessment. Count IV charges the defendant with possession of child pornography with prior conviction on or about May 12, 2021. The maximum possible penalty if convicted is 20 years’ imprisonment, $250,000 fine, life term of supervised release, a $100 special assessment, and $17,000 additional special assessment.
Glenburn Woman Pleads Guilty to Federal Drug and Firearms ChargesRead the Press Release
BANGOR, Maine: A Glenburn woman pleaded guilty today in federal court to conspiracy to distribute and possess with the intent to distribute 500 grams or more of methamphetamine and 400 grams or more of fentanyl, and two counts of being an unlawful user of controlled substances in possession of a firearm, Acting U.S. Attorney Donald E. Clark announced.
According to court records, between September 2019 and February 2021, Danielle McBreairty, 31, conspired with others to distribute and possess with intent to distribute the drugs. As part of the conspiracy, she obtained large quantities of methamphetamine and fentanyl from her source and distributed the drugs throughout Penobscot and Aroostook counties. On February 27, 2020, and again on August 15, 2020, McBreairty, who was an unlawful user of controlled substances, was found in possession of a firearm. Under federal law, unlawful users of controlled substances are prohibited from possessing firearms.
On the drug conspiracy charge, McBreairty faces a minimum of 10 years in prison and up to life, a $10 million fine, and five years of supervised release. On the firearms charges, she faces up to 10 years in prison, a $250,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Maine Drug Enforcement Agency investigated the case, with assistance by the Old Town and Bangor police departments.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts and dismantles the highest-level drug traffickers, money launderers, gangs and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state and local law enforcement agencies against criminal networks.
Fort Dodge Man Sentenced to Federal Prison for Crack Cocaine and Firearm ConvictionsRead the Press Release
A man who distributed crack cocaine and illegally possessed firearms was sentenced June 16, 2021, to more than 11 years in federal prison.
Preston Mosley, age 35, from Fort Dodge, Iowa, received the prison term after a January 13, 2021, guilty plea to one count of distribution of crack cocaine; one count of possession of a firearm by a felon; and one count of possession of a firearm in furtherance of a drug trafficking crime. Mosley was previously convicted of possession of a firearm by a domestic abuse offender and possession of crack cocaine with intent to deliver, in 2016, and possession of cocaine with intent to deliver, in 2019, both in the Iowa District Court for Webster County.
Evidence at the plea and sentencing hearings showed that the day after Mosley’s arrest and release on state charges stemming from his possession of drugs and guns, Mosley was again caught with drugs and a gun. Law enforcement agents caught Mosley driving a vehicle, and ultimately seized small amounts of marijuana and methamphetamine, powder cocaine, and crack cocaine from Mosley’s pockets. Mosley’s identification, items indicative of drug distribution, more crack cocaine, methamphetamine, and a loaded 9mm handgun were found and seized from the vehicle Mosley was operating. Mosley intended to distribute some or all of the cocaine to another person or persons, and used the firearm to protect his drugs and himself during drug trafficking activities. Evidence further showed that when law enforcement attempted to serve the federal arrest warrant for this case on Mosley, Mosely assaulted an officer with a brick.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Mosley was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Molsey was sentenced to 138 months’ imprisonment. He must also serve a 4-year term of supervised release after the prison term. There is no parole in the federal system. Mosley is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and investigated by the Fort Dodge Police Department, Webster County Sheriff’s Office, and DCI Laboratory.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 19-3029. Follow us on Twitter @USAO_NDIA.
Former Supplement Company Owner Pleads Guilty to Unlawful Distribution of Anabolic Steroids and Steroid-like DrugsRead the Press Release
A Georgia resident and his company pleaded guilty today to a felony charge relating to the distribution of anabolic steroids and steroid-like drugs in purported dietary supplements.
According to court documents, James Chadwick Brooks, 41, of Norcross, and his company, CCB Nutrition LLC, pleaded guilty to introducing an unapproved new drug into interstate commerce with the intent to defraud and mislead the U.S. Food and Drug Administration (FDA) and consumers. The government alleged that from 2016 to 2019, Brooks marketed supplements containing anabolic steroids such as androsterone, trestolone, epiandrosterone and methylstenbolone to the bodybuilding and fitness community. Anabolic steroids are Schedule III substances under the Controlled Substances Act, and they may have dangerous effects on users, including increasing the risk of liver damage, coronary artery disease, strokes and heart attacks.
The government also alleged that the supplements distributed by Brooks included a product labeled as containing Arimistane, an aromatase inhibitor typically used with steroids to decrease estrogen production. The FDA has long warned that aromatase inhibitors have been linked to significant health risks such as a decreased rate of bone maturation and growth, decreased sperm production, infertility, aggressive behavior, adrenal insufficiency, kidney failure and liver dysfunction. In pleading guilty, Brooks admitted that he knowingly took steps to mislead and defraud the government and consumers, in part by using an unregistered contract manufacturer to import ingredients and produce the unlawful products.
“Marketing unapproved and potentially unsafe drugs as dietary supplements endangers consumers,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “The Department of Justice will continue working with its law enforcement and agency partners to prosecute those who flout the law at the expense of public health.”
“When Brooks and his company marketed and sold steroids and other supplements within the fitness community, they undermined the FDA approval process and seriously risked the health and safety of consumers,” said Acting U.S. Attorney Daniel P. Bubar of the Western District of Virginia. “The United States Attorney’s Office, along with our partners at the FDA, have an obligation to ensure the products consumers ingest are safe and can be trusted. We will continue that mission and bring to justice anyone who attempts to undermine that trust.”
“Those who market unlawful dietary supplements that contain potentially harmful drugs, such as steroids, put the public health at risk,” said FDA Assistant Commissioner for Criminal Investigations Catherine A. Hermsen. “We will continue to investigate those who jeopardize consumers’ health and bring them to justice.”
Brooks and CCB Nutrition LLC pleaded guilty before Judge James P. Jones in U.S. District Court for the Western District of Virginia. Brooks is scheduled to be sentenced on Oct. 18, and faces a maximum penalty of three years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FDA’s Office of Criminal Investigations is investigating the case.
Assistant U.S. Attorney Randy Ramseyer of the U.S. Attorney’s Office for the Western District of Virginia and Trial Attorney Speare Hodges of the Civil Division’s Consumer Protection Branch are prosecuting the case.
Former Rochester Business Owner Pleads Guilty to Bank FraudRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Bradley Williams, 35, formerly of Rochester, NY, and now a resident of North Carolina, pleaded guilty to bank fraud, before Chief U.S. District Judge Frank P. Geraci. The charge carries a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that the defendant is the owner and operator of 4CIS Inc., located on Rosewood Terrace in Rochester. In that role, Williams maintained a business banking account at M&T Bank. On February 4, 2019, the defendant knowingly deposited 173 counterfeit and forged checks totaling $67,558.00 into his M&T business account. Williams attempted to withdraw the money in the following days, but his account was locked by M&T when it was discovered that the checks were fraudulent.
The checks were electronically created using the actual names, addresses, and bank account numbers of other individuals, and were made payable to 4CIS in amounts between approximately $385 and $399 each. The victims had no business with the defendant or 4CIS Inc. Further, the victims did not authorize the use of their identifying information for the creation of checks from their accounts and did not authorize any payments to the defendant or 4CIS Inc.
The plea is the result of an investigation by the Rochester Office of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for September 27, 2021, before Chief Judge Geraci.
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Former Philadelphia Middle School Teacher Sentenced to 15 Years for Multiple Child Exploitation OffensesRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Christopher O’Sullivan, 32, of Philadelphia, PA, was sentenced to 15 years in prison, 10 years of supervised release, and ordered to pay $5,200 restitution by United States District Judge Nitza I. Quinones-Alejandro for crimes stemming from his sexual exploitation of a student via text message.
In October 2020, the defendant pleaded guilty to one count of enticement of a minor, and one count of production of child pornography. According to court documents, over the course of several weeks in June and July 2019, O’Sullivan, a middle school teacher at a Philadelphia charter school at the time, sent a series of sexually suggestive text messages to Minor 1, a student of his who was twelve years old, in an effort to coerce the boy to engage in sexual activity and to send O’Sullivan sexually explicit photographs. Eventually, the child acquiesced to the pressure and sent O’Sullivan a photograph of his genitalia. The child’s parents saw the sexually explicit text messages on the child’s phone and contacted authorities, and law enforcement later found the same photograph on the defendant’s phone.
“O’Sullivan held one of the most sacred positions of trust in our society, a molder of young minds – a teacher,” said Acting U.S. Attorney Williams. “Schools must be safe havens for children. For this defendant to abuse his position by targeting and manipulating a student for his own perverse gratification is almost unimaginable. As always, we stand ready with our federal partners to identify and prosecute individuals that perpetuate this type of child abuse.”
“What a betrayal by Christopher O’Sullivan,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division. “He went from teaching a classroom full of kids to eagerly manipulating and sexually exploiting a vulnerable young boy. O’Sullivan is now being held responsible for his predatory behavior, locked behind bars so he can’t target anyone else’s child.”
This case is part of Project Safe Childhood, a Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Michelle L. Morgan.
Former Deutsche Bank Commodities Trader Sentenced to Prison for Fraud SchemeRead the Press Release
A former commodities trader was sentenced today in the Northern District of Illinois to 12 months and a day in prison for a scheme to commit wire fraud affecting a financial institution.
James Vorley, 41, of the United Kingdom, was convicted by a federal jury on Sept. 25, 2020. Based on the evidence presented at trial, Vorley, who was employed as a precious metals trader at Deutsche Bank in London, engaged in a scheme to defraud other traders on the Commodity Exchange Inc., which was a public exchange. The defendant, together with Cedric Chanu and other Deutsche Bank traders, defrauded other market participants through a deceptive trading practice known as “spoofing.” Specifically, Vorley placed fraudulent orders that he did not intend to execute in order to create the false appearance of supply and demand and to induce other traders to transact at prices, quantities, and times that they otherwise would not have traded. Chanu is scheduled to be sentenced on June 28.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division and Assistant Director in Charge William Sweeney of the FBI’s New York Field Office made the announcement.
The FBI’s New York Field Office investigated the case.
Deputy Chief Brian Young, Acting Principal Assistant Chief Avi Perry, and Trial Attorney Leslie S. Garthwaite of the Criminal Division’s Fraud Section are prosecuting the case.
Former Cedar Rapids Hospital Employee Sentenced for Accessing Ex-Boyfriend’s Medical RecordsRead the Press Release
A former Cedar Rapids hospital employee, who wrongfully accessed and distributed her ex-boyfriend’s medical records, was sentenced on June 14, 2021. Jennifer Lynne Bacor, age 41, from Las Vegas, Nevada, received probation after pleading guilty to one count of wrongfully obtaining individually identifiable health information under false pretenses.
In a plea agreement, Bacor admitted she was employed as a patient care technician at a Cedar Rapids hospital. Bacor was authorized to access individually identifiable health information but only as necessary to provide services to her patients. In 2017, Bacor’s ex-boyfriend was repeatedly treated at the same hospital. On multiple occasions between April and October 2017, Bacor used her login credentials to access her ex-boyfriend’s protected private health information even though he was not one of her patients. In September 2017, Bacor took a picture of a medical photograph that showed one of her ex-boyfriend’s injuries and sent the picture to a third person. The third person then sent the picture to the ex-boyfriend and others on Facebook messenger along with taunting language and emojis.
Bacor was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Bacor was sentenced to five years of probation and fined $1,000. During her probationary term, Bacor will be restricted from employment in which she would have access to private medical information of others. In sentencing Bacor, Judge Williams observed that Bacor had “weaponized” her ex-boyfriend’s private medical information.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and investigated by the Department of Health and Human Services, Office of Inspector General. Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 20-CR-77.
Follow us on Twitter @USAO_NDIA.
Florida Man Pleads Guilty to Federal Drug CrimeRead the Press Release
HUNTINGTON, W.Va. – A Florida man pleaded guilty today to a federal drug crime.
According to court documents, on January 19, 2021, law enforcement officers were conducting surveillance on a residence on 8th Street in Huntington in order to locate Christopher Michael Adkins, 37, who had warrants out for his arrest. When Adkins left the residence, a traffic stop was conducted and officers located 29.8 grams of suspected heroin, 21.3 grams of methamphetamine, digital scales and multiple cell phones in Adkins’ vehicle. Adkins admitted that the items in the vehicle were his.
Adkins pleaded guilty to possession with intent to distribute heroin and methamphetamine and he faces a maximum of 20 years in prison when sentenced on September 20, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Huntington Violent Crime and Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Robert C. Chambers presided over the hearing. Assistant United States Attorney Ryan A. Keefe is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-00031.
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Five Charged in Scheme to Export to Russia Thermal Imaging Scopes and Night Vision Goggles in Violation of Arms Export Control ActRead the Press Release
LOS ANGELES – Federal authorities have arrested two Illinois residents named in an indictment that accuses five defendants of conspiring to unlawfully export to Russia defense articles – specifically, thermal imaging riflescopes and night-vision goggles – without a license in violation of the Arms Export Control Act.
The indictment also accuses all five defendants of conspiring to smuggle thermal imaging devices from the United States and file false export information to conceal their activities.
The indictment, which was returned by a federal grand jury on May 26 and unsealed following the arrests on June 17, outlines a nearly four-year scheme in which the defendants purchased dozens of thermal imaging devices – most of which cost between $5,000 and $10,000 and are controlled by the International Traffic in Arms Regulations – from sellers across the United States.
The defendants allegedly obtained many of the items using aliases, falsely assuring the sellers that they would not export the items from the United States. The thermal imaging devices were then exported to co-conspirators in Russia using aliases and false addresses to conceal their activities, according to the indictment.
The defendants hid the thermal imaging devices among other non-export-controlled items when exporting them to Russia, and they falsely stated on export declarations that the contents of their exports were non-export-controlled items with values of less than $2,500, the indictment alleges. In no case did any of the defendants obtain the required export licenses to export defense articles to Russia.
The two defendants arrested on June 17 in Illinois are Elena Shifrin, 59, of Mundelein, Illinois, and Vladimir Pridacha, 55, of Volo, Illinois. These two defendants made their initial court appearances last week in the United States District Court in Chicago and were released on $100,000 bond.
The other three defendants named in the indictment are: Boris Polosin, of Russia; Vladimir Gohman, of Israel, and Igor Panchernikov, an Israeli citizen who, during much of the scheme, resided in Corona, California.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The charge of conspiring to violate the Arms Export Control Act carries a statutory maximum penalty of 20 years in federal prison. The second conspiracy charge alleged in the indictment carries a statutory maximum penalty of five years in prison.
The FBI’s Los Angeles and Chicago field offices investigated this matter, with substantial assistance from the United States Postal Inspection Service and Homeland Security Investigations.
Assistant United States Attorneys David T. Ryan and Wilson Park of the Terrorism and Export Crimes Section and Justice Department Trial Attorney Matthew Chang of the National Security Division’s Counterintelligence and Export Control Section are prosecuting this case.
Five Charged in Scheme to Export Thermal Imaging Scopes and Night Vision Goggles to Russia, in Violation of Arms Export Control ActRead the Press Release
A federal grand jury in Los Angeles unsealed an indictment Thursday that accuses five defendants of conspiring to unlawfully export defense articles to Russia. Specifically, the defendants allegedly exported thermal imaging riflescopes and night-vision goggles without a license, in violation of the Arms Export Control Act.
According to court documents, Elena Shifrin, 59, of Mundelein, Illinois, and Vladimir Pridacha, 55, of Volo, Illinois, were arrested June 17 for their roles in a nearly four-year scheme in which the defendants purchased dozens of thermal imaging devices, most of which cost between $5,000 and $10,000 and are controlled by the International Traffic in Arms Regulations, from sellers across the United States. The other three defendants named in the indictment are: Boris Polosin, 45, of Russia; Vladimir Gohman, 52, of Israel; and Igor Panchernikov, 39, an Israeli national who, during much of the scheme, resided in Corona, California.
As outlined in the indictment, the defendants allegedly obtained many of the items using aliases, falsely assuring the sellers that they would not export the items from the United States. The thermal imaging devices were then exported to co-conspirators in Russia using aliases and false addresses to conceal their activities.
As alleged, the defendants hid the thermal imaging devices among other non-export-controlled items when exporting them to Russia, and they falsely stated on export declarations that the contents of their exports were non-export-controlled items with values of less than $2,500. In no case did any of the defendants obtain the required export licenses to export defense articles to Russia.
All five defendants are charged with conspiring to violate the Arms Export Control Act and face up to 20 years in federal prison if convicted. The indictment also accuses all five defendants of conspiring to smuggle thermal imaging devices from the United States and file false export information to conceal their activities, which carries a statutory maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Tracy Wilkison of the Central District of California and Assistant Attorney General John C. Demers of the Justice Department’s National Security Division made the announcement.
The FBI’s Los Angeles and Chicago Field Offices are investigating the case, with valuable assistance provided by the U.S. Postal Inspection Service and Homeland Security Investigations.
Assistant U.S. Attorneys David T. Ryan and Wilson Park of the Central District of California and Trial Attorney Matthew Chang of the National Security Division’s Counterintelligence and Export Control Section are prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Ponsford Man for Violent Assault on the White Earth Indian ReservationRead the Press Release
ST. PAUL, Minn. – A federal jury convicted a Ponsford man on charges related to a violent assault on the White Earth Indian Reservation, announced Acting U.S. Attorney W. Anders Folk.
Following a four-day trial, Wesley Robert Warren, 22, was convicted on two of four counts, including one count of assault with a dangerous weapon and one count of assault resulting in serious bodily injury.
According to the evidence presented at trial, during the early morning hours of June 3, 2020, Warren and another man got into an argument with the victim. The argument escalated into a physical altercation and Warren and the other man knocked out the victim. Once the fight was over and the victim was laying face down on the ground, Warren continued the assault by picking up a 42-pound cinderblock and dropping it on the back of the victim’s head. As a result of the assault the victim was hospitalized for several weeks due to brain trauma and was later transferred to a long-term care facility.
Warren faces up to 10 years in prison, a maximum fine of $250,000 and up to three years of supervised release on each count of conviction. At sentencing, a federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors. A sentencing date has yet to be scheduled.
This case was the result of an investigation conducted by the Becker County Sheriff’s Office, the White Earth Police Department, and the FBI Headwaters Safe Trails Task Force.
This case was tried by Assistant U.S. Attorney Deidre Y. Aanstad and Special Assistant U.S. Attorney Caleb J. Dogeagle.
Erie, PA Man Indicted for Attempting to Possess MethamphetamineRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania has been indicted by a federal grand jury in Erie on a charge of violating federal drug laws, Acting United States Attorney Stephen R. Kaufman announced today.
The one-count Indictment named Marvin Deron Sanders, 43, of Erie, Pennsylvania, as the sole defendant.
According to the Indictment presented to the court, on or about December 11, 2020, Sanders attempted to possess with intent to distribute more than five hundred grams of a mixture and substance containing a detectable amount of methamphetamine.
The law provides for a maximum total of life in prison, a fine of $10,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul S. Sellers is prosecuting this case on behalf of the government.
The Pennsylvania State Police Northwest Strike Force, United States Postal Inspection Service, and Drug Enforcement Administration conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Endeavor Executives Resign from Live Nation Board of Directors after Justice Department Expresses Antitrust ConcernsRead the Press Release
The Department of Justice announced today that two executives of Endeavor Group Holdings Inc. – Chief Executive Officer and Director Ariel Emanuel, and President Mark Shapiro – have resigned their positions on the Live Nation Entertainment Inc. Board of Directors after the department expressed concerns that their positions on the Live Nation Board created an illegal interlocking directorate. An interlocking directorate is where one person – or an agent of one person or company – serves as an officer or director of two companies. Section 8 of the Clayton Act prohibits the same person or company from serving as an officer or director of two competing companies, except under certain defined safe harbors.
Endeavor and Live Nation compete closely in many sports and entertainment markets. Both Live Nation and Endeavor, through its wholly owned and minority owned subsidiaries, promote and sell tickets and VIP packages that include tickets, lodging and travel accommodations, to live music, sporting and other entertainment events. Based on U.S. revenues, the interlock did not qualify for any of the Section 8 safe harbors.
“These resignations ensure that Endeavor and Live Nation will compete independently,” said Acting Assistant Attorney General Richard A. Powers of the Justice Department’s Antitrust Division. “Executives are not permitted to hold board positions on companies that compete with each other. The division will enforce the antitrust laws to make sure that all companies compete on the merits.”
Section 8 imposes bright line prohibitions designed to prevent harm from competitors having overlapping directors or managers, regardless of whether any anticompetitive conduct actually occurs. Interlocking directorates can restrict competition by providing a conduit for the exchange of competitively sensitive information and by facilitating coordination between competing companies. By eliminating the opportunity to coordinate – explicitly or implicitly – through interlocking directorates, Section 8 prevents violations of the antitrust laws before they occur.
Endeavor Group Holdings Inc. is a Delaware corporation headquartered in Beverly Hills, California. Among other things, it owns various sports and entertainment properties; produces, promotes, and tickets sports and entertainment events; and represents entertainers and athletes.
Live Nation Entertainment Inc. is also a Delaware corporation headquartered in Beverly Hills, California. It is a leading producer and operator of live music concerts. Live Nation also is a leading live entertainment ticketing and marketing company.
Durham Gang Member Sentenced to Ten Years in Prison for Possession of Ammunition in Connection with ShootingRead the Press Release
GREENSBORO, N.C. - Shermaine Maurice Hammond of Durham, also known as “Mizzle,” was sentenced today to 120 months in prison for possessing ammunition in connection with a shooting that occurred during a robbery.
According to court documents, the Federal Bureau of Investigation (FBI) Raleigh-Durham Safe Streets Task Force was investigating recent gang activity in Durham, North Carolina when Hammond, age 26, was arrested in April 2020. Hammond was an active member of the Nine Trey Gangster Bloods. On March 15, 2020, officers with the Durham Police Department responded to North Miami Boulevard and found a man with multiple gunshot wounds lying in a parking lot. The victim reported that he had been at an adjacent nightlife establishment and was attacked after getting into a car with a woman.
Investigators reviewed video surveillance footage that showed Hammond inside the establishment and then walking toward the car prior to the incident. After the woman and victim got into the car, the woman drove it to a nearby closed business. Surveillance video from that business showed Hammond pointing a gun at the victim as the victim backed away from Hammond. Investigators recovered eleven spent 9mm cartridges from the location. Additional footage showed the injured and bleeding victim fleeing back to the nightlife establishment over a block away. Hammond returned to the establishment in the car and took the victim’s phone as he tried to use it. Hammond and another man then repeatedly punched the victim before leaving the scene.
Just over two weeks later, members of the FBI Raleigh-Durham Safe Streets Task Force executed a warrant at Hammond’s girlfriend’s apartment. As they entered, Hammond attempted to escape by jumping out of a back window but was apprehended. Hammond admitted to shooting, beating, and robbing a man outside of the nightlife establishment on March 15, 2020, but claimed the man initiated the confrontation. He also confirmed that he was a member of the Nine Trey Gangster Bloods in Durham.
Hammond pleaded guilty to the federal charge on March 22, 2021. He is charged in state court with assault with a deadly weapon and robbery with a dangerous weapon in connection with the March 15, 2020 incident. Those charges are still pending.
Hammond was convicted of felony carrying a concealed gun in February 2015 and was therefore not permitted to possess ammunition.
In addition to the term of imprisonment, United States District Judge Catherine C. Eagles ordered Hammond to serve three years of supervised release.
The case was investigated by members of the Durham Police Department, FBI Raleigh-Durham Safe Streets Task Force, and the Durham County Sheriff’s Office.
Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina, made the announcement.
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Detroit Man Who Robbed Credit Union and Crashed Getaway Car Near Vandenberg Air Force Base Sentenced to 2½ Years in Federal PrisonRead the Press Release
LOS ANGELES – A Michigan man was sentenced today to 30 months in federal prison for robbing a credit union – and two days later attempting to rob a bank then leading law enforcement on a high-speed pursuit that ended with him crashing his getaway car near Vandenberg Air Force Base.
Maurice Antwion Pilgrim Jr., 20, of Detroit, was sentenced by United States District Judge Percy Anderson, who also ordered him to pay $748 in restitution. Pilgrim pleaded guilty on April 8 to one count of bank robbery.
On October 13, 2020, Pilgrim robbed Coast Hills Credit Union in Lompoc, netting $3,000 in the theft. Two days later, Pilgrim attempted to rob Mechanics Bank in Guadalupe by handing one of the tellers a note which read, “give me $5,000-$10,000 and no gets hurt.” Pilgrim fled the scene after seeing a nearby bank security guard.
After fleeing Mechanics Bank, local law enforcement spotted Pilgrim driving a car on Highway 1 and began pursuing him. After initially stopping his car, Pilgrim refused to exit the vehicle and, to avoid capture, sped away. During his subsequent flight from law enforcement he drove at speeds more than 110 mph, weaving in and out of traffic, and almost colliding with other motorists on the road.
Pilgrim’s vehicle went off the road near the Vandenberg Air Force Base visitor center, and he attempted to flee on foot, but he was quickly apprehended. Law enforcement recovered $552 from Pilgrim’s car and $1,700 from his pockets that were proceeds of his robbery of Coast Hills Credit Union two days earlier.
“(Pilgrim) attempted to commit a second bank robbery after the first was successful, and his reaction to getting caught represented a serious disregard for the safety of others, including the public at large,” prosecutors wrote in their sentencing memorandum.
The FBI, the Lompoc Police Department, the Guadalupe Police Department, and the Santa Barbara County Sheriff’s Office investigated this matter.
Assistant United States Attorney Lynda Lao of the General Crimes Section prosecuted this case.
Convicted Felon with Violent Criminal History Sentenced on Gun ChargeRead the Press Release
COLUMBUS, Ga. – A convicted felon with two prior aggravated assault convictions was sentenced to federal prison for illegally possessing a firearm.
Carlos Alexander aka Carlos Malone, 39, of Columbus, was sentenced to serve 90 months in prison to be followed by three years of supervised release on Tuesday, June 15, by U.S. District Judge Clay Land after pleading guilty to one count possession of a firearm by a convicted felon. There is no parole in the federal system.
“This sentence reflects the violent criminal history Carlos Alexander has racked up in Columbus. Violent felons caught illegally possessing guns in Columbus and in other cities across the Middle District of Georgia will face the possibility of federal prosecution,” said Acting U.S. Attorney Peter D. Leary. “Local, state and federal law enforcement agencies are committed to decreasing violent crime in Columbus and across Middle Georgia.”
“As a convicted felon in possession of a firearm, Carlos Alexander presented a real danger to the community and to law enforcement,” said John Schmidt, Assistant Special Agent in Charge of ATF’s Atlanta Field Division. “Despite being prohibited from possessing a firearm, he was armed when encountered by officers. The federal prosecution of this crime demonstrates ATF’s dedication to working alongside our local, state and federal partners, in this case the Columbus Police Department and the U.S. Attorney’s Office, to ensure violent individuals like Alexander are deprived of the ability to continue terrorizing our community.”
“I am pleased with the outcome of this case. Also, I am thankful for our partnership with our federal partners. We will continue to work together to make cases on violent criminals. This type behavior will not be tolerated in Columbus, Georgia,” said Columbus Police Chief Freddie Blackmon.
According to court records, Alexander was taken into custody by Columbus Police Department officers on October 14, 2019, at approximately 2:00 a.m., matching the description of a suspect in an attempted armed robbery in the city that same day. Alexander was wearing body armor. Inside his vehicle, officers found a black ski mask in the front passenger's seat and a semi-automatic pistol with magazine and five unspent .25 caliber cartridges in the center console. At the time of the possession of the firearm, Alexander knew he was a convicted felon and that it was illegal for him to be in possession of a firearm. He has previously been convicted of aggravated assault twice as well as attempted armed robbery and possession of a firearm in the Superior Court of Muscogee County, Georgia.
ATF and the Columbus Police Department investigated the case.
Assistant U.S. Attorney Christopher Williams prosecuted the case.
Citrus County Woman Arrested for Using A Minor to Produce Child Sex Abuse Images and Distributing Them over the InternetRead the Press Release
Ocala, Florida – Acting United States Attorney Karin Hoppmann announces the arrest of Ashley Renea Hilligoss (37, Citrus Springs) on a criminal complaint charging her with the production and distribution of images depicting the sexual abuse of a child. If convicted on both counts, Hilligoss faces a maximum penalty of 50 years in federal prison and a potential life term of supervised release.
According to the complaint, Hilligoss took sexually explicit photographs of a child to whom she had access and sent these photos to another individual over the internet. Federal agents later searched an encrypted online file storage account belonging to that individual, which account contained copies of the photographs.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation, Ocala Resident Agency. It is being prosecuted by Assistant United States Attorney William S. Hamilton.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), 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.
Boston Man Pleads Guilty to Illegal Possession of Loaded FirearmRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to illegally possessing a firearm and ammunition. The defendant led police on a car chase before he was apprehended in Chelsea.
Raughn Williams, 23, pleaded guilty to one count of being a felon in possession of a firearm and ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Oct. 12, 2021. Williams was charged by criminal complaint in October 2020.
On Aug. 10, 2020, a state trooper attempted to pull over a vehicle driven by Williams on Storrow Drive in Boston for a tinted windows violation. Williams refused to pull over, and instead led police on a chase down Storrow Drive and onto the Tobin Bridge. Williams exited the Tobin Bridge into Chelsea, where he crashed the vehicle into two other cars and then fled on foot. Williams was apprehended and a Smith & Wesson .40 caliber handgun loaded with 14 rounds of ammunition was recovered. Federal law prohibits Williams from possessing a firearm or ammunition due to a prior felony conviction.
The charge of being a felon in possession of a firearm and ammunition provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Colonel Christopher Mason, Superintendent of the Massachusetts State Police; and Chelsea Police Chief Brian Kyes made the announcement today.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN is 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.
Bladen County Political Consultant Pleads Guilty to Theft of Government Property and Social Security FraudRead the Press Release
GREENVILLE, N.C. – A Bladenboro man pleaded guilty today to theft of government property and Social Security fraud.
According to court documents, Leslie McCrae Dowless, 65, defrauded the Social Security Administration by concealing his work and income while receiving monthly benefits payments. In February 2013, Dowless applied for Supplemental Security Income (SSI) benefits. In the application, Dowless claimed that he was unable to work due to a disability. Dowless received SSI benefits until July 2018, when he applied for Retirement Insurance Benefits (RIB). In his application for RIB, Dowless stated that he did not expect to work in 2018 and had not worked in the two years preceding his application. Dowless received RIB benefits through November 2018. Dowless was required to report certain events to the Social Security Administration, including changes in his work activity, income, or resources.
Unbeknownst to the Social Security Administration, Dowless worked as a consultant for at least two political campaigns during the 2018 Midterm Elections. From March 2017 to November 2018, Dowless received at least 59 checks totaling $135,365.57 for consulting work. Dowless failed to report his work and income to the Social Security Administration.
Dowless pleaded guilty to theft of government property, 18 U.S.C. § 641, and Social Security Fraud, 42 U.S.C. § 1383a(a)(3) and faces a maximum penalty of 180 months in prison when sentenced on August 23, 2021.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the plea. The Social Security Administration Office of Inspector General and the Federal Burea of Investigation are investigating the case and Assistant U.S. Attorney Toby Lathan is prosecuting the case.
A copy of this press release is located on our website. 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-53-B0.
Beckley Man Pleads Guilty to Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Beckley man pleaded guilty today to a federal drug crime.
Pursuant to the plea agreement and statements made in court, on January 9, 2020, Greg Anthony Waters, Jr., 27, sold approximately 3.5 grams of heroin to a confidential informant working with law enforcement. Waters admitted to meeting the informant in Beckley to sell the drugs. Waters also admitted to selling heroin and fentanyl on several other occasions between January 9, 2020 and September 18, 2020. As further part of the plea, Waters agreed to abandon to the United States and the State of West Virginia multiple firearms that were recovered by law enforcement during a search of Waters’ apartment. Waters admitted that he was prohibited from possessing the firearms due to a prior felony conviction in Illinois.
Waters pleaded guilty to distribution of heroin and he faces up to 20 years in federal prison when sentenced on October 18, 2021.
Acting United States Attorney Lisa G. Johnston made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Beckley/Raleigh County Drug and Violent Crime Unit, which is comprised of officers from the Raleigh County Sheriff’s Department, the Beckley Police Department and the West Virginia State Police.
Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. United States District Judge Frank W. Volk 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. 5:21-cr-00012.
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Armed Crystal Methamphetamine Trafficker Sentenced to 14 YearsRead the Press Release
RALEIGH, N.C. – A Fayetteville man was sentenced today to 168 months in prison and five years of supervised release for trafficking crystal methamphetamine and possessing a firearm in furtherance of a drug trafficking crime.
On February 24, 2021, Terekus Derrell Rogers pled guilty to Conspiracy to Distribute and Possess with Intent to Distribute Fifty Grams or More of Crystal Methamphetamine (Count One); Possession with Intent to Distribute Fifty Grams or More of Crystal Methamphetamine (Count Two); and Possession of a Firearm in Furtherance of a Drug Trafficking Crime (Count Three).
According to court documents and other information presented in court, Rogers, 39, sold crystal methamphetamine to a confidential informant on several dates from May to July, 2020.
Rogers was arrested on July 30, 2020 and was found in possession of more than 26 grams of crystal methamphetamine. Agents then executed a search warrant at Rogers’s residence. Agents seized almost 800 grams of crystal methamphetamine; a rifle; a revolver; a handgun; almost 150 rounds of ammunition; drug packaging materials; and more than $28,000 in currency.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Fayetteville Police Department investigated the case. Assistant U.S. Attorney Scott Lemmon prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
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. 5:20-CR-375-D-1.
19 June 2021
Kentuckiana Physician and Nurse Practitioner Found Guilty of Conspiracy to Distribute Controlled Substances, Conspiracy to Commit Health Care Fraud, and Conspiracy to Commit Money LaunderingRead the Press Release
The following is a corrected media release updating the release previously issued on June 15, 2021. This media release clarifies that the defendants, Dr. Jeffrey Campbell and Mark Dyer, were found guilty of, among other charges, conspiracy to unlawfully distribute controlled substances and were acquitted of all substantive distribution of controlled substances counts.
LOUISVILLE – On Friday, June 11, 2021, a federal jury convicted a Louisville physician, nurse practitioner, and the medical practice in United States District Court, before District Judge Rebecca G. Jennings, of conspiracy to unlawfully distribute and dispense controlled substances, conspiracy to commit health care fraud, and conspiracy to commit money laundering.
Following a six-week trial, the jury deliberated approximately three days before finding Dr. Jeffrey Campbell, Advanced Practice Registered Nurse Mark Dyer, and Physicians Primary Care, PLLC (“PPC”), guilty on 13 of 22 charges. Sentencing is scheduled before Judge Jennings on September 8, 2021, at 9 a.m., in Louisville.
The jury found Campbell, Dyer, and PPC guilty of conspiracy to unlawfully distribute and dispense controlled substances, not for a legitimate medical purpose and outside the usual course of professional practice between January 1, 2009, and December 1, 2016. The controlled substances prescribed were Oxycodone and Methadone, schedule II controlled substances. The jury also found Campbell, Dyer, and PPC guilty of conspiring to commit health care fraud for falsely and fraudulently billing Kentucky Medicaid (Passport), Indiana Medicaid and Medicare by submitting claims for physical therapy, counseling and exercise services using evaluation and management codes in order to obtain higher reimbursement. Campbell and Dyer were also convicted of conspiracy to commit money laundering for paying and/or receiving bonuses to incentivize the ordering of physical therapy, counseling, and exercise. Finally, Campbell and Dyer were convicted of billing for physical therapy services using evaluation and management codes as if a physician performed a service on the patients, but in reality, a non-physician and non-physical therapist performed the service on the patients.
“I commend the outstanding work of the prosecution team and that of the agents and investigators who worked on this case,” stated Acting U.S. Attorney Michael A. Bennett. “Conspiring to unlawfully distribute controlled substances by medical professionals entrusted with the health and well-being of our citizens is extremely troubling. This office, working with our federal and state partners, will continue to vigorously pursue this kind of criminal conduct, as well as all forms of health care fraud, throughout the entire Western District of Kentucky.”
“Conspiring to unlawfully distribute and dispense controlled substances with no legitimate medical purpose and the fraudulent billing of federally funded health care programs will not be tolerated,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “These convictions send a strong message that the OIG and our law enforcement and prosecutorial partners are committed to protecting the health and safety of patients and taxpayer dollars.”
“Physicians and medical professionals take an oath that obligates them to do no harm. Dr. Campbell, Mark Dyer, and the other defendants willingly broke that oath – by conspiring to provide unnecessary drugs and defrauding various benefits programs – solely to line their pockets,” said Special Agent in Charge Robert Brown of the FBI’s Louisville Field Office. “Today’s guilty verdict sends a message to those who prioritize profit over care: The FBI and its partners will root out physicians and healthcare professionals who let dollar signs rather than medical needs drive their treatment of patients.”
“Today’s announcement illustrates IRS CI’s commitment to combatting healthcare fraud and those who launder proceeds of healthcare fraud,” said Bryant Jackson, Special Agent in Charge, IRS, Criminal Investigation. “I applaud the terrific efforts of the trial team and our law enforcement partners in investigating and prosecuting this important case.”
Assistant United States Attorneys Joseph Ansari, Lettricea Jefferson-Webb and Christopher Tieke prosecuted the case. Elizabeth Fauxpoint, paralegal, and Bob Masterson, health care fraud investigator, assisted the prosecution team. The case was investigated by the United States Department for Health and Human Services (HHS), Defense Criminal Investigative Services (DCIS), Internal Revenue Service (IRS), Federal Bureau of Investigation (FBI), United States Drug Enforcement Administration (DEA), the Indiana Attorney General’s Office and the Kentucky Medicaid Fraud Control Unit (MFCU).
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18 June 2021
U.S. Attorney’s Office Agrees to Termination of Federal Monitorship Requirement for Utah Transit AuthorityRead the Press Release
SALT LAKE CITY- The Utah U.S. Attorney’s Office has agreed to the termination of a federal monitorship agreement with the Utah Transit Authority based upon UTA’s substantial compliance with the monitorship requirements and a federal non-prosecution agreement entered into by the parties in 2017.
In April of 2017, UTA and the U.S. Attorney’s Office for the District of Utah entered into a non-prosecution agreement arising out of a federal investigation into UTA’s operation of mass public transit services, application for federal grants and funding, expenditure and use of federal funds, or the negotiation for, and/or acquisition of, real property, equipment and other capital improvements related to UTA operations. The non-prosecution agreement was driven in large part by UTA’s acknowledgment and recognition of the need for improved institutional conformity with financial and ethical requirements pertaining to the following four core issues of focus during the investigation:
- Inadequate controls over federal funds and drawdowns from federal grants;
- Improper handling and disclosure of property acquisition and disposition, including inadequate oversight of transit-oriented development projects;
- Non-compliance with ethical standards, resulting in benefits to UTA employees and/or Board members; and
- Improper approval of executive bonuses.
A critical component of the non-prosecution agreement involved the retention of a third-party monitor to ensure the continued implementation of institutional improvements and reforms, and to recommend additional improvements and reforms, particularly those intended to address the four core issues. On September 5, 2018, UTA formally retained a team of attorneys from the law firm of Coblentz Patch Duffy & Bass (the “Monitor”) to conduct the UTA federal monitorship, broken down into three phases.
The first phase of the monitorship was an investigatory inquiry involving interviews of UTA employees and a review of UTA records aimed at identifying the institutional problems within UTA that led to the lack of conformity with financial and ethical requirements related to the four core issues identified in the Non-Prosecution Agreement. This phase was completed by UTA in July of 2019.
The second phase of the monitorship was focused on UTA’s adoption of critical reforms related to the same four core issues identified in the Non-Prosecution Agreement. Phase two included a review of the implementation and the effectiveness of reforms recommended by UTA and the Monitor. The reforms included:
- Clarification of the Local Advisory Council’s role and authority over UTA’s major capital projects and its interaction with UTA’s three-member Board;
- New policies and standard operating procedures related to the four core issues;
- New and revised conflict of interest policies and procedures, along with ethics training;
- Implementing an ethics hotline and a completely anonymous process for whistleblowers to raise concerns about ethics;
- Establishing an independent risk management function, an additional layer of checks and balances targeting future risks and the functionality of implemented controls;
- New or revised polices concerning ethics and gift parameters for procurement professionals, along with safeguards designed to identify and eliminate malfeasance during the approval process of any transit-oriented developments.
The third phase of the monitorship involved a final report issued by the Monitor. Based upon the review of the Monitor’s interim and final reports, and the U.S. Attorney’s Office ongoing review and confirmation of UTA’s adherence to key financial and ethical requirements pertaining to the four core issues identified in the non-prosecution agreement, the United States Attorney’s Office has notified UTA that the federal monitorship is deemed completed and terminated, effective immediately.
“The successful completion of the Monitorship is the product of effective collaboration between UTA and the Monitor to assess the effectiveness of prior reforms and implement new reforms, all aimed at putting UTA in an ideal position to continue to elevate and maintain a high level of financial and ethical integrity going forward,” said Acting United States Attorney Andrea T. Martinez. “The U.S. Attorney’s Office is pleased with the fruits of its non-prosecution agreement, the Monitorship, and UTA’s commitment to doing things right as it strives to meet the needs of the Utah community. Equally important is the public release of the Final Monitorship Report, ensuring full transparency of the manner and means through which the Monitorship was brought to a successful completion.”
Two Men from Illinois Were Sentenced to over 19 Years in PrisonRead the Press Release
FORT WAYNE-Quran R. Waterford, 36, of Chicago, Illinois and Gary McCaleb, 31, of Harvey, Illinois, were sentenced on June 18, 2021, before United States District Court Judge Damon R. Leichty, following their pleas of guilty to Conspiracy to Commit Hobbs Act Robbery and two counts of brandishing a firearm during the commission of a crime of violence, announced Acting United States Attorney Tina L. Nommay.
Waterford was sentenced to 239 months in prison followed by 3 years of supervised release.
McCaleb was sentenced to 245 months in prison followed by 3 years of supervised release.
Restitution of $8,630 was imposed against both defendants.
According to documents filed in the case, on December 5, 2018, Quran Waterford and Gary McCaleb entered B&H Firearms in Fort Wayne while armed with a firearm, tied the owner’s hands behind his back and stole over $8,000 worth of firearms. Eight days later, on December 13, 2018, Waterford, McCaleb, and an unknown individual, entered a T-Mobile cellular telephone store in Fort Wayne while armed with a firearm, restrained two employees and two customers by zip tying their hands behind their backs, before fleeing with numerous cellular telephones. Waterford and McCaleb were apprehended by the Fort Wayne Police Department after a short pursuit.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with the assistance of the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Stacey R. Speith.
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Three Indicted in Drug Conspiracy as Kidnapping Investigation ContinuesRead the Press Release
PROVIDENCE, R.I. – As U.S. Postal Inspection Service agents, with the assistance of Rhode Island State Police and Pawtucket Police, continue to investigate the alleged kidnapping of a postal carrier on June 1, 2021, a federal grand jury in Providence today returned a two-count indictment in a related investigation charging three men with participating in a conspiracy to possess and distribute significant quantities of cocaine shipped through the U.S. Postal Service, announced Acting United States Attorney Richard B. Myrus.
It is alleged that on June 1, 2021, a Postal Service employee was abducted in Pawtucket and driven by two masked men to his home. At least one of the abductors claimed to be seeking the contents of an empty package they said the postal carrier delivered to a residence in Pawtucket on May 24, 2021. After the abductors learned the postal employee did not have a key with him to enter his locked home, he was returned unharmed to an area near where his postal truck was parked.
According to court documents, based on information provided by the Postal Service employee, witness statements, surveillance videos, and various databases, investigators identified the vehicle allegedly used in the kidnapping, and its owner, Edgar Medina, 37, of Johnston.
During the investigation into the alleged kidnapping, Postal Inspection Service agents learned of several packages that had previously been shipped from fictitious addresses in Puerto Rico to actual addresses in Pawtucket, Cranston, Johnston, and Providence, some of which are associated with Medina.
As the investigation continued, Postal Service Inspectors intercepted three additional packages that a Rhode Island State Police K-9 alerted for the presence of narcotics. Court-authorized searches of the packages resulted in the discovery of a total of more than three kilograms of cocaine. Postal Inspectors arranged for controlled deliveries of the packages on June 8, while the recipient addresses were under surveillance by U.S. Postal Service Inspectors, members of the Rhode Island State Police High Intensity Drug Trafficking Area Task Force, and the Rhode Island State Police Violent Fugitive Task Force. As the packages were delivered, Medina, Andres Garay, 34, of Providence, and Ronald Hall, 38, of Providence, were arrested. Court-authorized searches of vehicles and residences associated with the defendants resulted in the seizure of, among other things, masks and a winter cap fitting the description of items worn by the individuals involved in the kidnapping, as well as batons, a set of brass knuckles, and a Taser.
A grand jury today returned an indictment charging Medina, Andres, and Garay with conspiracy to possess with the intent to distribute 500 grams or more of cocaine and possession with intent to distribute 500 grams or more of cocaine. They have been detained in federal custody since their arrest.
A federal indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
The case is being prosecuted by Assistant United States Attorneys Christine D. Lowell and Lee H. Vilker.
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Rapid City Men Sentenced for Drug ConspiracyRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that two Rapid City, South Dakota, men convicted of Conspiracy to Distribute a Controlled Substance were sentenced by Jeffrey L. Viken, U.S. District Court.
Thomas Janis, age 36, was sentenced on May 27, 2021, to 12 months in federal prison, followed by two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Frank Janis, age 38, was sentenced on June 7, 2021, to time served, two years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
The Janis brothers were indicted by a federal grand jury in January 2020. The charge related to Thomas Janis using the internet to purchase boxes of Tramadol pills from various locations outside the United States. Janis then distributed these shipments of multiple blister packs of Tramadol pills to individuals in the District of South Dakota between 2017 and 2020. One of these individuals was his brother, Frank Janis, who paid Thomas for each box of blister packs. Thomas then sold the Tramadol pills and kept the remaining profits for himself. Thomas Janis distributed at least 40,000, but less than 80,000 pills, and Frank Janis distributed at least 16,000, but less than 40,000 pills, during the course of the conspiracy.
This case was investigated by Homeland Security Investigations; U.S. Postal Inspection Service; U.S. Department of the Interior - Bureau of Indian Affairs; and the Unified Narcotics Enforcement Team (“UNET”), a local drug task force comprised of agencies including the South Dakota Department of Criminal Investigation. U.S. Attorney Heather Sazama prosecuted the case.
Thomas Janis was ordered to self-surrender to the custody of the U.S. Marshals Service on June 16, 2021.
Rapid City Man Indicted on Child Pornography ChargesRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Rapid City, South Dakota, man was charged in federal district court with Receipt of Child Pornography and Possession of Child Pornography.
Kenneth Larson, age 54, was indicted on May 20, 2021. Larson appeared before U.S. Magistrate Judge Daneta Wollmann on June 9, 2021, and pleaded not guilty to the charges. The maximum penalty upon conviction is a mandatory minimum of five up to 20 years in federal prison and/or a $250,000 fine, up to lifetime supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Larson receiving and possessing computer images of child pornography at Rapid City between April 2015 and November 2020. The charges are merely an accusation and Larson is presumed innocent until and unless proven guilty.
The investigation is a joint effort between Homeland Security Investigations, South Dakota Division of Criminal Investigation, Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah B. Collins is prosecuting the case.
Larson was released on conditions pending trial. A trial date has been set for August 17, 2021.
Previously Convicted Bank Robber Going Back to Prison for Escaping from Federal Facility and Committing Two Robberies, Including Another Bank RobberyRead 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 Joseph Licata, 52, of Buffalo, NY, who was convicted of bank robbery, was sentenced to serve 151 months in prison by U.S. District Judge John L. Sinatra, Jr.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that on January 17, 2020, the defendant escaped from the custody of the United States Penitentiary Coleman II in Sumterville, Florida. On January 21, 2020, Licata entered the M&T Bank branch on Grant Street in Buffalo, and passed a demand note to the victim-teller. The note threatened the teller if the teller did not give him cash. Later that same day, the defendant entered a Speedway Gas Station on Elmwood Avenue in Buffalo and demanded cash. The victim-clerk complied and gave U.S. currency to the defendant. Law enforcement officers arrested Licata and found him in possession of currency taken during the robberies.
In 2010, Licata, having previously been convicted in federal court of committing a bank robbery in Buffalo, was sentenced to serve 120 months in prison.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia, and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
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Philadelphia Man Convicted After Trial for Unlawful Possession of FirearmRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Stacy Gallman, 31, of Philadelphia, PA, was convicted today at trial for being a felon in possession of a firearm.
In December 2019, Philadelphia Police Officers pulled Gallman over for a traffic violation when the vehicle he was driving failed to stop at a stop sign. When they approached the vehicle, officers noticed that the passenger had a firearm in his pocket. Moments later, when the officers asked Gallman to step out of the car, they discovered a second firearm next to the driver’s seat. At the time of the incident, the defendant was a convicted felon and was not allowed by law to possess a firearm.
In an unrelated case, on June 11, 2021, Kenneth Blakeney, 29, of Philadelphia, PA, was convicted after trial, also for being a felon in possession of a firearm. The firearm in Blakeney’s possession was also discovered during a traffic stop by Philadelphia police.
“I have said many times in recent months that our Office is determined to continue doing everything we can to reduce gun violence in Philadelphia by being ‘All Hands On Deck,’” said Acting U.S. Attorney Williams. “Today’s conviction is the second in as many weeks against someone who sustained a felony conviction and then illegally possessed a firearm. Both men will now face lengthy prison sentences.”
“The possession of a firearm by a convicted felon threatens the safety of our entire community,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “Thanks to our partners at the Philadelphia Police Department and the U.S. Attorney’s office, this defendant is no longer in a position to harm the citizens of Philadelphia.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The 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 case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and is being prosecuted by Special Assistant United States Attorney Ashley Martin.
Pesticide Smuggler Sentenced to 90 Days in Custody; Ordered to Pay $10,000Read the Press Release
Assistant U. S. Attorney Melanie K. Pierson (619) 546-7976
NEWS RELEASE SUMMARY – June 18, 2021
SAN DIEGO –Felix Gutierrez Valencia of Perris, California, was sentenced in federal court today to 90 days in custody for attempting to smuggle pesticides into the United States. In addition, Gutierrez was ordered to pay a fine of $2,500 and restitution of $8,807 for the cost of disposal of the pesticides, and perform 100 hours of community service during three years of supervised release.
In pleading guilty, Gutierrez admitted that, on April 16, 2020, he entered the United States at the Otay Mesa Port of Entry, where 48 containers of undeclared Mexican pesticides were discovered in his truck. Gutierrez had concealed some of the containers of pesticides in cereal and cookie boxes. The pesticides included Furadan, Monitor, Bayfolan, Biomec, Ridomil Gold, Kanemite and Rodentox. Gutierrez later acknowledged that, after his arrest in April, he offered to pay another individual to smuggle pesticides into the United States. However, that person was also caught at the border with 37 containers of Furadan, Biomec, Biozyme and Tetrasan.
Two of the pesticides smuggled by Gutierrez contain active ingredients that are cancelled in the United States, and thus are not permitted to be imported or sold. Furadan contains the cancelled pesticide carbofuran, which is a highly toxic insecticide that affects the central nervous systems by the same mechanism as chemical warfare nerve agents. It is highly toxic to birds, fish and mammals and is classified by the EPA as Toxicity Category I, the highest category, based upon its lethal potency. Monitor contains the cancelled pesticide methamidophos, which is one of the most acutely toxic organophosphate pesticides, also related to chemical warfare nerve agents. Rodentox contains zinc phosphide, an extremely toxic rodenticide. Ingestion of 7 drops to one teaspoons of zinc phosphide would likely kill a 150-pound person.
According to the sentencing documents, all of the chemicals smuggled by the defendant are commonly found at locations where marijuana is illegally cultivated. Exposure to these pesticides during eradication efforts has cause law enforcement officers to be hospitalized, has polluted soils and streams, and has killed wildlife. Cannabis users are also at risk, In one study, the pesticide transfer rate into the blood stream of a cannabis smoker using a glass pipe was as high as 70 percent.
“Trafficking in illegal pesticides is big business, and we are aggressively prosecuting many of these smuggling cases in order to protect the public,” said Acting U.S. Attorney Randy Grossman. “The toxic chemicals are extremely dangerous, with the power to poison people, wildlife, water sources and soil. Smugglers like this defendant are attempting to sneak banned pesticides across the border as if they are illicit narcotics, and they are getting caught and going to prison. That’s how serious these offenses are.” Grossman praised Assistant U.S. Attorney Melanie Pierson for her excellent work prosecuting environmental crimes, and he also commended agents from Homeland Security Investigations and the U.S. Environmental Protection Agency, Criminal Investigation Division.
“There’s a reason the federal government prohibits the importation of certain types of pesticides,” said Cardell T. Morant, Special Agent in Charge of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) San Diego. “Some of the chemicals may be toxic and exposure can be dangerous or fatal to both humans and wildlife. This individual not only disregarded the hazards associated with improperly handling these types of chemicals, he attempted to smuggle the chemicals into the U.S., which is a very serious crime. HSI and its partner organizations will continue to pursue, arrest, and bring to justice, anyone who tries to smuggle these highly toxic chemicals into the U.S.”
“The pesticides involved in this case pose serious public health and environmental dangers,” said Special Agent in Charge Scot Adair of EPA’s Criminal Investigation Division in California. “The sentence in this case demonstrates that individuals who intentionally violate smuggling and environmental protection laws will be held responsible for their crimes.”
DEFENDANT Case Number 20cr2058-JLS
Felix Gutierrez Valencia Age: 40 Perris, CA
SUMMARY OF CHARGES
Smuggling – Title 18, U.S.C., Section 545
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCY
Homeland Security Investigations
U.S. Environmental Protection Agency, Criminal Investigation Division
Omaha Man Sentenced in Drug Trafficking RingRead the Press Release
Acting United States Attorney Jan Sharp announced that Anthony Moore, 49, of Omaha, Nebraska, was sentenced today in federal court in Omaha for conspiracy to distribute cocaine. Senior United States District Judge Joseph F. Bataillon sentenced Moore to 60 months’ imprisonment. Moore will serve a 4-year term of supervised release following his release from the Bureau of Prisons. There is no parole in the federal system.
In October 2017, the FBI began investigating a suspected cocaine trafficking ring operating out of Omaha. In January 2018, a confidential source contacted Moore to arrange to buy cocaine. Moore, along with a co-conspirator, sold the confidential source an eight ball, or 3.5 grams, of cocaine.
In March 2018, a second eight-ball buy of cocaine was arranged with the confidential source and Moore. On March 8, 2019, an eight-ball weighing (3.5 grams) was sold to a confidential source. Over the course of the investigation, the confidential source would make at least 12 purchases of cocaine directly from Moore or his co-conspirators.
On June 20, 2018, United States Postal Inspectors seized a package suspected to contain drugs in Omaha. The parcel was shipped from San Francisco, California, and addressed to Moore at a rental property owned and controlled by Moore. Contained within the package was 520.5 grams of powder cocaine. Through investigation, including video surveillance, the sender was shown to be Moore.
Law enforcement applied for and received permission to intercept text messages and phone calls between Moore and his co-conspirators. Over several months, law enforcement monitored these conversations to identify the group’s hierarchy, source of supply for cocaine, and money transfers.
On February 17, 2019, law enforcement executed several search warrants, including one search warrant on Moore’s home. There, they recovered 133.1 grams of powder cocaine and $10,762 in US currency which was forfeited. Officers also found cutting agents, packaging materials, scales and paraphernalia consistent with drug distribution.
Co-defendants Isaac Johnson and Amanda Ferrell are scheduled for jury trial in the United States District Court for the District of Nebraska on July 20, 2021.
This case was investigated by the Federal Bureau of Investigation and Douglas County Sheriff’s Office.
Man Convicted of Abusive Sexual Conduct Aboard an Airplane Is Sentenced to Two Years in PrisonRead the Press Release
ASHEVILLE, N.C. – Siva K. Durbesula, 29, of India, who was convicted by a jury of abusive sexual contact aboard an airplane, was sentenced to two years in prison late yesterday. In addition to the prison term imposed, Chief U.S. District Judge Martin Reidinger ordered Durbesula to serve 10 years of supervised release and to pay a $5,000 assessment.
Acting U.S. Attorney William T. Stetzer and M. Rhett DeHeart, Acting U.S. Attorney for the District of South Carolina, are joined by Robert R. Wells, Special Agent in Charge for the FBI in Charlotte, in making today’s announcement.
According to filed court documents, witness testimony, and evidence presented at trial, on June 23, 2019, Durbesula was a passenger aboard a flight from Chicago O’Hare to Myrtle Beach, S.C. Over the course of the flight, Durbesula sexually assaulted a 22-year-old female who was seated next to him. As the victim testified at trial, Durbesula pulled her toward him and groped her repeatedly midflight. Court records show that after the flight crew moved Durbesula away from the victim, Durbesula asked to return to his previous seat so he could speak to the victim again.
During trial, prosecutors also presented the testimony of a second victim, who testified that on March 21, 2019 – approximately three months prior to the assault on the airplane – Durbesula pinned her into the corner on a New York City subway train and groped her. The victim was able to video record Durbesula’s exiting the train, which assisted the New York Police Department to identify Durbesula and charge him. Those charges were still pending when Durbesula sexually assaulted the victim on the airplane that resulted in federal charges.
The case was originally indicted in the District of South Carolina and was later transferred to the Western District of North Carolina. In announcing today’s sentence, Judge Reidinger handed Durbesula the statutory maximum prison term for the offense, noting that the defendant’s repeated sexual misconduct over a short period of time required the maximum statutory punishment to promote respect for the law.
Durbesula is currently in federal custody. He will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.
In making today’s announcement, Acting U.S. Attorneys Stetzer and DeHeart commended the FBI and the Horry County Police Department for their investigation of the case, and thanked Homeland Security Investigations (HSI) for their invaluable assistance.
Assistant U.S. Attorneys Don Gast, of the U.S. Attorney’s Office for the Western District of North Carolina in Asheville, and Derek A. Shoemake, of the U.S. Attorney’s Office for the District of South Carolina in Florence, prosecuted the case.
Lubec Man Pleads Guilty to Possessing Child PornographyRead the Press Release
BANGOR, Maine—A Lubec man pleaded guilty today in federal court in Bangor to possessing child pornography, Acting U.S. Attorney Donald E. Clark announced.
According to court records, in 2018, the Maine State Police Computer Crimes Unit received information that a Twitter user was uploading and storing images and videos of child pornography. Investigators determined that the Twitter account was associated with the address of Rubin Perry, 34, in Lubec. Investigators obtained a search warrant for the address and interviewed Perry while executing the warrant. He admitted that he had a problem with child pornography and he did not know how to stop. He also admitted to having child pornography on his cell phone. His cell phone was later found to contain multiple images of child pornography.
If Perry is found to have a qualifying prior conviction, he faces a minimum of 10 and a maximum of 20 years in prison, a $250,000 fine, and not less than five years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Homeland Security Investigations and the Maine State Police Computer Crimes Unit investigated the case.
Little Eagle Man Indicted for Aggravated Sexual Abuse of ChildRead the Press Release
Acting United States Attorney Dennis R. Holmes announced that a Little Eagle, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child and Abusive Sexual Contact with a Child.
Holden Cole Thompson, age 30, was indicted on June 8, 2021. He appeared before U.S. Magistrate Judge Mark A. Moreno on June 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is life in federal prison and/or a $250,000 fine, life on supervised release, and a $100 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between 2014 and 2019 in Little Eagle, Thompson sexually abused and molested a child who had not attained the age of 12 years.
The charges are merely accusations and Thompson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Cameron J. Cook is prosecuting the case.
Thompson was released on bond pending trial. A trial date has not been set.
Lincoln Man Sentenced for Methamphetamine TraffickingRead the Press Release
BANGOR, Maine—A Lincoln man was sentenced today in federal court for conspiring to distribute methamphetamine, Acting U.S. Attorney Donald E. Clark announced.
U.S. District Judge Lance E. Walker sentenced Brandon Tolman, 32, to time served (25 months) and three years of supervised release. Tolman pleaded guilty in February 2021.
According to court records, between approximately May 2018 and July 2018, Tolman was part of a drug distribution operation based out of Florida and operating in northern Maine. A co-conspirator obtained large quantities of methamphetamine from Florida and had it transported to Maine. Tolman sold the drug in the Lincoln area while other members of the conspiracy sold it in Bangor, Howland and Houlton.
The U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency investigated the case.
Jerome M. Cruz Sentenced to Prison for Unemployment Fraud Charge Related to COVID-19 PandemicRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Jerome Michael Cruz, age 26, from Barrigada, Guam, was sentenced in the United States District Court of Guam to ten months imprisonment for Federal Program Theft in violation of 18 U.S.C. §§ 666(a)(1)(A) and (b) and Accessing Protected Computer in Furtherance of Fraud in violation of 18 U.S.C. §§ 1030(a)(4) and (c)(3)(A). The Court also ordered three years of supervised release following imprisonment, $14,210.00 in restitution, and a mandatory $200 special assessment fee.
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a temporary federal unemployment insurance program called Pandemic Unemployment Assistance (PUA). PUA, administered by the Guam Department of Labor (GDOL), provides unemployment insurance benefits for individuals who are unemployed as a result of the COVID-19 pandemic and those who are not covered by typical unemployment programs (e.g., the self-employed, independent contractors, or gig economy workers).
Jerome Michael Cruz was employed by GDOL as a Customer Service Representative assisting the public with PUA and FPUC claims. While employed, Cruz filed a claim for PUA benefits on his own behalf, falsely certifying that he was unemployed and eligible for benefits. Cruz used his knowledge and privileged access to the GDOL computer system to modify existing PUA claims and to submit fraudulent PUA claims on behalf of other persons while directing the benefits from these fraudulent claims into a bank account he controlled. As part of the scheme, Cruz logged in to the GDOL system using other employee’s credentials to certify and approve these fraudulent claims. From September 2020 through November 2020, Cruz obtained and attempted to obtain a total of $93,000 in benefits.
United States Attorney Anderson stated, “Unemployment assistance has provided vital support to many people suffering from the economic effects of the pandemic. Nationwide, the scale of fraud related to the disbursement of CARES Act funds has been staggering. While Guam has not seen the same level of criminal activity, this case reveals that it is occurring. Any theft by a government employee in a position of trust should concern the public. I applaud GDOL for holding its employees accountable.”
FBI Honolulu Special Agent in Charge (SAC) Steven B. Merrill stated, “The money in the government's financial assistance funds—particularly during a crisis like a pandemic—are essential to people’s survival. This case is an example of an individual who chose to line his own pockets with money intended to help those who truly need it. Thanks to the partnership and hard work of the Guam Department of Labor and United States Attorney's Office, we were able to stop this. And to those criminal opportunists out there I say: the FBI is watching, we will catch you, and you will learn the price for defrauding your fellow citizens."
Guam Department of Labor Director David Dell'Isola stated, "I want to thank the FBI who worked so quickly to bring this case to conclusion. We hope this sets an example and discourages others from putting in fraudulent claims."
This case was a joint investigation by the Federal Bureau of Investigation and Guam Department of Labor. The case was prosecuted by Benjamin K. Petersburg, Assistant United States Attorney in the District of Guam.
Iowa Man Charged with Bank RobberyRead the Press Release
Acting United States Attorney Dennis Holmes announced that a Waterloo, Iowa, man has been indicted by a federal grand jury for Bank Robbery.
Phillip Christopher Hanten, age 40, was indicted on June 2, 2021. He appeared before U.S. Magistrate Judge Veronica L. Duffy on June 15, 2021, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in federal prison and/or a $250,000 fine, three years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 8, 2021, Hanten took and attempted to take money belonging to the Wells Fargo Bank, located in Sioux Falls, South Dakota, a bank whose deposits were then insured by the Federal Deposit Insurance Corporation.
The charge is merely an accusation and Hanten is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Sioux Falls Police Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper is prosecuting the case.
Hanten was returned to state custody pending trial. A trial date has not been set.
Indianapolis Man Sentenced to 180 Months in PrisonRead the Press Release
FORT WAYNE- Derrick Smith Jr., 32, of Indianapolis, Indiana, was sentenced on June 18, 2021, before United States District Court Judge Damon R. Leichty, following his plea of guilty to being a felon in possession of a firearm, announced Acting United States Attorney Tina L. Nommay.
Smith was sentenced to 180 months in prison followed by 5 years of supervised release.
According to documents filed in the case, on December 12, 2020, Smith possessed a firearm after previously being convicted of a felony. Smith was convicted in 2009 of Burglary in five separate cases in Fort Wayne. Due to these previous convictions, Smith was determined to be an Armed Career Criminal.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with the assistance of the Fort Wayne Police Department. This case was prosecuted by Assistant United States Attorney Stacey R. Speith.
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Honduran Smuggler and Passenger SentencedRead the Press Release
Gulfport, Miss. - A Honduran national was sentenced today to 9 months in prison, followed by three years of supervised release, for transporting an illegal alien within the United States, announced Acting U.S. Attorney Darren J. LaMarca, Jack P. Staton, Acting Special Agent in Charge of Homeland Security Investigations in New Orleans, and Jason E. Schneider, Chief Patrol Agent of the Border Patrol’s New Orleans Sector.
On January 26, 2021, Ceferino Guardado-Reyes, 38, was stopped by a Border Patrol Agent while driving on Interstate 10 in Jackson County. Guardado-Reyes did not have a driver’s license, and a record check revealed an active deportation warrant out of Texas. The Agent determined Guardado-Reyes and his two passengers were unlawfully present in the United States. Homeland Security Investigations (HSI) was notified, and all three vehicle occupants were taken to the Border Patrol Station in Gulfport for investigation, including fingerprint scans into Homeland Security databases. Border Patrol and HSI officials confirmed the identity of Guardado-Reyes and his two passengers as citizens of Honduras and as illegal aliens to the U.S. It also was determined that Guardado-Reyes was unlawfully transporting or smuggling his two passengers from Texas to Florida.
Guardado-Reyes was charged in a federal indictment with transporting an illegal alien within the United States. He pled guilty on March 16, 2021.
A passenger in the vehicle, Daniel Romero-Mancia, 25, of Honduras, pled guilty on April 8, 2021, and was sentenced to “time served” (4 months and 15 days), followed by three years of supervised release, for making a false statement to a federal officer. Romero-Mancia claimed to be from Mexico instead of Honduras and had produced a false identification document.
The case was investigated by Homeland Security Investigations and the U.S. Border Patrol.
The case was prosecuted by Assistant United States Attorney Stan Harris.